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Eacli volume of the Work contains an Alphabetical Table of Cases reported or referred to ; and there will be an Addendum containing Notes of Cases published since the issue of Volume I., and a General Index of Subjects as well as a Table of Cases published on the completion of the first 10 Volumes. It is estimated that the Work will be completed in about 25 Volumes. *** Specimen Volume sent on application. ,* All Standard Law Works are kept in stock, in law calf and other bindings. BILLS OF COSTS. BILLS OF COSTS HIGH COURT OF JUSTICE AND COURT OF APPEAL, HOUSE OF LORDS AND THE PRIVY COUNCIL ; WITH THE SCALES OF COSTS AND TABLES OF FEES IN USE IN THE HOUSES OF LORDS AND COMMONS, RELATIVE TO PRIVATE BILLS; ELECTION PETITIONS, PAKLIAMENTAEY AND MUNICIPAL. INQUIRIES AND ARBITRATIONS UNDER THE LANDS CLAUSES CONSOLIDATION ACT AND OTHER ARBITRATIONS. PROCEEDINGS IN THE COURT OF THE RAILWAY AND CANAL COMMISSION. IN THE COUNTY COURT AND THE MAYOR'S COURTS. THE SCALES OF COSTS AND T.A.BLES OF FEES IN USE IN THE COURT OF PASSAGE, LIVERPOOL, AND CONVEYANCING COSTS. WITH ORDERS AND RULES AS TO COSTS AND COURT FEES AND NOTES AND DECISIONS RELATING THERETO. BY HORACE MAXWELL JOHNSON, OP THE INKER TEMPLE, BAEEISTEB-AT-LAW. LONDON : STEVENS AND SONS, LTD., 119 & 120, CHANCEEY LANE. SWEET AND MAXWELL, LTD., 3, CHANCEEY LANE, f ato IpublisljEra. 1897. BEADBURT, AGNEW, & CO. LD., PRINTERS, LONDON AND TONBEIDGE. T 1897 PREFACE. This book has been written, to some extent, on the Imes of " Costs in the High Court of Justice and other Courts," by the late Mr. John Scott, of the Inner Temple, the copyright of which has been placed at my disposal by the Publishers, and has been of great assistance to me in compiling this volume. The Publishers have also permitted me to make use of Messrs. Morgan and Wurtzburg's able and elaborate work on " Costs in the Chancery Division of the High Court of Justice," and a few of the Bills of Costs have been taken from it with some necessary alterations. The greater number of the Bills of Costs in the High Court of Justice have been prepared from recently taxed bills. The rules as to costs and the orders as to fees m the various divisions have been carefully selected and inserted in order to save the person making out a Bill of Costs the trouble and necessity of reference to other books. I am much indebted to the above-mentioned authors, and I take this opportunity of tendering my grateful thanks to the many friends who have lent me Bills of Costs. The portion of this book relating to County Court Costs has been prepared by Mr. T. Kemmis Bros, and in thanking him for his great assistance, I feel bound to say that his experience PREFACE. of many years as Registrar of the Southwark County Court Nvill have done much to render this part of the book a valuable authority as to costs in the County Courts. I can hardly expect that in a work of this kind mistakes have not occurred in spite of great care, but it is my hope that if any are found they will be pointed out to me, and I shall endeavour to rectify them and generally improve the work should another edition be required. I need only add that my father. Master Johnson, has super- vised the whole work ; and while my thanks are due to him for the very valuable assistance he has ungrudgingly given me, I feel sure that his practical knowledge in taxing costs, gained through a long experience as a Master of the Supreme Court, will commend the book to that branch of the profession for whom it has been compiled. H. M. JOHNSON. 1, De. Johnson's Buildings, Temple, March, 1897. CONTENTS. I. Rules of the Supreme Court as to Costs .... II. Appendix N. (Schedule op Fees and Allowances) . III. Order as to Supreme Court Fees, 1884 .... Schedule of Court Fees IV. Order as to Supreme Court Fees, October, 1884 . V. Order as to Supreme Court Fees, December, 1887 VI. Examiner's Fees VII. Allowances to Witnesses VIII. Sheriff's Fees on Execution op Writs of Fieri facias under Order of August 1st, 1888 52 IX. Sheriff's Fees other than on executing a Writ of Fieri FACIAS UNDER 1 ViCT. C. 55 . . 53 I. COSTS IN THE CHANCEEY DIVISION. Costs in the Chancery Division 58 Plaintiff's Costs. 1. Plaintiff's Costs. Action commenced by Writ (lower and higher scales) .....•••••• 2. Plaintifi's Costs after Judgment. Inquiries as to Next-of-Kin Advertisement for Creditors, &c. Certificate and further Con sideration (lower scale) ........ .3. Plaintiff's Costs. Action for Infringement of Patent. Order for Injunction (higher scale) 4. Ditto, ditto (lower scale) 5. Plaintiff's Costs. Administration Action. Party and Party (higher scale) .......■■■• 6. Plaintiff's Costs in Action by Holders of 6 per cent, and 8 per cent Debentures in Defendant Company. The Two Actions consolidated ^ by Order. Order for Receiver (lower scale) 95 7. Plaintiff's Costs. Application by Originating Simimons to sanction arrangement for realising Testator's Share of Capital in Mercantile Firm (Solicitor and Client) 104 8. Plaintiff's Costs of Originating Summons for Foreclosure by Mort- gagee 9. Infant Plaintiff's and Guardian's Costs of Order to vary Order for Maintenance and to apprentice the Infant Plaintiff (Solicitor and Client) - • 113 59 107 Viii CONTENTS. 10. Petitioner's Cost.s under the Trustee Act, 1893, in Cases other than those in which the Application may bo made by Originating Summons. 11& 11. Petitioner's Costs of Order to tax Solicitor's Bill of Costs and Costs of Reference 117 12. Petitioner's Costs of obtaining Order for Taxation on Originating Summons where the Bill of Costs has been delivered Twelve Months or has been paid .......... 118 13. Solicitor's Costs of appearing on Originating Summons to tax his Bill of Costs and Costs of the Reference when a Sixth has not been taxed off 120 14. Costs of Motion to commit for non-delivery of Costs and Account in pursuance of Order 120 Defendant's Costs. 1. Defendant's Costs in Action commenced by Writ (both scales) . . 122. 2. Defendant's Costs after Judgment 129' 3. Residuary Legatee's Costs. A Person served with Order and attending proceedings (Party and Party) (higher scale) 131 3. Defendant's Costs. Patent Action (higher scale) .... 134 5. Defendant's Costs as Trustee requiring a Judicial Interpretation of the Will and protection in carrying out the Trusts. Costs, Charges, and Expenses (Solicitor and Client) (higher scale) . . 146 6. Defendant's Costs. Originating Summons. Scheme of Arrangement for realising Testator's Share of Capital, and Application for carry- ing the Scheme into effect (Solicitor and Client) .... 151 7. Defendant's Costs under Patents, Designs, and Trade Marks Acts. Application for Injunction ....•■•■ 155 8. Respondent's Costs of Appeal to Court of Appeal .... IGG 9. Defendant's Costs, Charges, and Expenses. Action for an Account of Personal Estate come to hand of Administrator prior to Revocation of Letters of Administration ......-■ 1G9 10. Defendants' (Trustees') Costs of Action for Administration of Intestate's Personal Estate. Proceedings commenced by Origi- nating Summons (Solicitor and Client) 175 11. Defendant Executor's Costs, Charges, and Expenses (Solicitor and Client) ISl 12. Receiver's Costs on passing his First Account, including Charges as to giving security ......•••■ 185 13. Costs of dismissing Action for want of Prosecution .... 190 14. Applicant's Costs of obtaining Order to rectify Register of Share- holders in a Company .......-■ 191 15. Respondent's Costs on Application to rectify Register dismissed with Costs 192 II. COSTS IN WINDING UP COMPANIES. Costs in Winding up Companies . The Companies (Winding up) Act, 1890. Rules as to Costs The Companies Winding up Rules, 1892 . Order as to Fees, 1890 .... Scale of Fees— Table A 195- 19G 198 198 199* CONTENTS. IX PAGE Scale of Fees— Table B 200 Table C 201 1. Petitioner's Costs of Petition to Wind up a Company • 203 2. Costs of the Respondent Company 205 3. Company's Costs of successfully opposing Petition to Wind up Com- 207 pany ""' 4. Creditor's Costs on opposing Petition to Wind up a Company . 208 5. Contributories' Costs of opposing same 209 6. Liquidator's Costs. Winding up Company 211 7. Official Liquidator's Costs on Creditor's Appeal from Liquidator's Decision disallowing Claim 212 8. Liquidator's Costs on Originating Summons as to Director's Claim for Remuneration 21G 9. Respondent's Costs in same Matter 222 III. COSTS IN LUNACY. 225 226 227 229 230 Costs in Lunacy .... The Rules in Lunacy, 1892 (as to Costs) Percentages and Fees .... Copies of Documents .... Rules in Lunacy, 1893 (as to Costs) . 1. Petitioner's Costs on an Application for the Appointment of a Receiver and for carrying out a Reception Order and on Appeal to one of the Lords Justices of Appeal 2-30 2. Costs of Wife of Lunatic served with Summons for a Receiver and for Maintenance 236 3. Receiver's Costs on Application by Poor Law Guardians for payment out of Funds in Court for Maintenance of Pauper Lunatic . . 242 i. Costs of Creditor on Claim against Estate of Lunatic ordered to be paid out of the Estate 243 5. Petitioner's Costs of Inquisition 246 IV. COSTS IN THE QUEEN'S BENCH DIVISION. Costs in the Queen's Bench Division . 248 Plaintiff's Costs. 1. Fixed Costs 249 2. Costs to be indorsed on Writ 250 3. Judgment in Default of Appearance on Order for substituted Service 252 4. Judgment in Default of Appearance, Defendant a British Subject residing out of the Jurisdiction 253 5. Judgment in Default of Appearance, Defendants not British Subjects residing out of the Jurisdiction 253 6. Judgment under Order 14, when Judgment ordered on Plaintiff's Summons for Judgment 255 7. Judgment after Trial, Action ordered to be entered for Trial in Short Cause List under Order 14 257 CONTENTS. 8. Action for Damages and Injunction. Judgment ordered for 40s. damages and Injunction by Consent ...... 259 9. Action referred for Trial to Official Referee 260 10. Action for Liquidated Demand and Damages referred to the Master to assess the Damages ......... 2G1 11. Action for an Account under Order 15, Rule 1. Reference to a Master to take the Account and Judgment on his Certificate finding the Amount due ........... 2G.3 12. Writ of Inquiry 265 1.3. Action of Ejectment on Forfeiture for Breach of Covenant by Tenant 266 14. Action tried without a Jury. Judgment for £50. Action certified by Judge as founded on Tort 273 15. Action for Damages for Breach of Contract. Judgment on Verdict for Plaintiff. Special Jury 275 16. Action for Infringement of Patent (higher scale) .... 278 17. Action by a Vestry against the County Council to make good a Deficiency in the Poor Rate caused by the County Council taking possession of Land, &c., under statutory Powers (higher scale) . 287 18. Action for Damages for Personal Injuries by a British Subject against a foreign Railway Company. Commission for taking Evidence Abroad. Proof of Foreign Law, &c. 289 19. Action on Foreign Judgment. Trial. Appeal dismissed . . 300 20. Appellant's Costs of Appeal to the Court of Appeal .... 307 21. Action for Damages. Tried at Assizes. Agency ^ . . . . 308 22. Action against Underwriters. Tried in the Commercial Court . .311 23. Transfer of Action to Commercial List. Summons for Directions . 313 24. On obtaining Order to issue Execution on a Judgment after Six Years. Writ of Elegit and Inquisition held thereunder .... 313 25. Execution Creditor's Costs of Interpleader sent for Trial to County Court 315 26. Sheriff's Costs of Interpleader 316 27. Claimant's Costs. Issue remitted to County Court .... 316 28. Claimant's Costs. Sheriff's Interpleader. Tried by a Master . . 318 29. On obtaining Interlocutory IMandamus 319 30. Costs of Appointment of a Receiver, and of passing his Account . 320 31. On Registering a Decree of the Court of Session in Scotland for the Purpose of issuing Execution in England 322 32. On Registering Judgment of the High Court of Justice in Ireland for the Purpose of issuing Execution in England .... 322 33. On Application against a Solicitor for Return of Deeds, &c., on which a Lien claimed, and for Costs of the Application .... 323 34. On enforcing Award by Originating Summons where no Action . 325 35. On Examination of a Judgment Debtor ...... 326 36. On obtaining Order for Attachment of Debts owing to Judgment Debtor 327 .37. On obtaining Charging Order on Stocks, Shares, &c. .... 328 38. On obtaining Leave to issue Execution after Six Years from Date of Judgment 328 Defend.a.nt's Costs. 1. Summons for Judgment under Order 14. Leave to- defend given. Summons to refer to County Court. Summons to consolidate Actions. Action finally dismissed for Want of Prosecution . . 329 339 341 342 345 346 352 CONTENTS. XI PAGE 2. Trial and Appeal by Plaintiff dismissed 332 3. Of Issues found for Defendant. Commercial List 4. Action dismissed for Want of Prosecution .... 5. Action and Reference to Arbitration 6. Of defending Action and of Judgment against Tbird Party 7. On Judgment after Trial by an Official Referee . 8. On Opposing Motion to set aside Award .... 9. Dissolving Injunction with Reference to the ]Master to assess Damages caused thereby .......••• 355 10. Plaintiff's Application for Injunction refused and Action discontinued 357 11. Interim Injunction dissolved and Application for Injunction dismissed 358 12. On Judgment after Trial of Action for Calls on Shares . . .359 13. Stakeholder's Interpleader in an Action 3G2 14. Stakeholder's Interpleader by Originating Summons .... 363 15. Application by Motion to commit Proprietor of Newspaper tor Con- tempt of Court 365 16. Application by Summons at Chambers for Writ of Attachment dismissed .......•••• 367 17. Action against Carriers for Injunction and Damages for Detention of Goods. All questions disposed of by Judge in Chambers . . 368 18. Of Claim and Counterclaim on Judgment after Trial. Interro- gatories. Further Answers ordered. Discovery of Documents, &c. 369 19. Action on Contract. Special Case. No other Pleadings . . . 374 20. On Opposing SummonsJor the Appointment of a Receiver. . . 377 21. Action on ]Marine Policy of Instirance for a total Loss. Verdict for Defendants 378 V. COSTS IN THE CEOWN OFFICE. 386 387 387 388 391 Costs in the Crown Office Crown Office Rules, 1886 (as to Costs; Costs of View by Jury in Undersheriff's Account Table of Court Fees to be taken in the Crown Office Department 1. Appellant's Costs of Appeal from a County Court 2. Respondent's Costs of Appeal from a County Court on Case stated by County Court Judge 392 3. Respondent's Costs of opposing Appeal from a County Court . . 393 4. Appellant's Costs of Appeal from a Conviction of Justices . . . 394 5. Respondent's Costs on Special Case stated by Justices under 20 & 21 Vict. c. 43 395 6. Respondent's Costs on Special Case on Appeal from an Order of Affilia- tion by Justices ......•••• 396 7. Respondent's Costs on Appeal from Quarter Sessions .... 396 8. Applicant's Costs of IMandamus to compel a Corporation to take up an Award . . .....•••• 397 9. Defendant's (Justices) Costs on discharging a Rule for a Certiorari . 401 10. Costs of Justices on Notice of Appeal against a Rate, and on Sum- mons to stay Proceedings under Order of the Court below . . 403 11. Costs of Prosecution under the Debtors Act, 1809 . . . .404 12. Costs of the Prosecutor on the Trialof an Indictment for a Nuisance removed by Certiorari to the Q. B. D 406 13. On obtaining a Licence for Queen's Counsel to appear for Defendant . 409 Xii CONTEXTb. VI. COSTS OF PARLIAMENTARY ELECTION PETITIONS. PAGE Costs of P.\rliamentary Election Petitions 410 Rules ISGS and 1875 (as to Costs) 414 1. Petitioner's Costs of Petition against the Return of Candidate at a County Election 415 2. Respondent's Costs of Petition against his Return at a County Election 424 3. Respondent's Costs of Special Case stated by an Election Petition Judge " 428 4. Respondent's Costs of Objection to Recognizances .... 430 5. Respondent's Costs of Petition on a Recount and Withdrawal of Petition before Trial 432 6. Respondent's Costs of Application to change Place of Trial. For further Particulars. And of Issues on which Petitioner failed . 436 YII. COSTS OF MUNICIPAL ELECTION PETITIONS. Costs of Muxicipal Electiox Petitions 439 1. Petitioner's Costs of Petition against the Return of a County Councillor. Special Case, and Appeal to Court of Appeal . . 440 2. Petitioner's Costs of Trial of Petition against the Return of a Respon- dent at an Election for Town Councillors 444 3. Respondent's Costs of Petition against his Return as County Councillor, Petition claiming Recount only 449 4. Respondent's Costs of Recriminatory Objections . . . .451 5. Respondent's Costs of Charge of Illegal Practice withdrawn at Trial ordered to be paid by Petitioners though Petition successful . 453 VIII. COSTS UNDER THE RAILWAY AND CANAL TRAFFIC ACTS, 1873— 189i. Costs under the Railway and Canal Traffic Acts, 1873 — 1894 . . 455 General Rules, February, 1889 (as to Costs) 456 Table of Fees 456 1. Applicant's Costs of proceeding against Railway Companies to compel them to provide Proper Facilities for Passenger Traffic at a certain Station 458 2. Respondent's (Railway Company's) Costs of an Application by a Local Board for a Through Service of Trains 464 IX. COSTS OF ARBITRATIONS. Costs of Arbitrations 467 Arbitrator's and Counsel's Fees 468 1. Costs of Reference and Award pursuant to Agreement of Reference . 468 2. Plaintiff's Costs of Reference by Order of Court at Trial in an Action for Breach of Contract .....••■■ 472 3. Costs of Reference of Cross Actions • • 478 CONTENTS. 4. Plaintiff's Costs on dismissed ^Motion to set aside an Award 5. Plaintiff's Costs of and incidental to Reference and Trial before Special Referee, and of his Report, and of the Cause and Judgment Plaintiff's Costs of Arbitration under Order made in Terms of Agree- ment providing for Costs incurred before Action brought Costs of showing Cause against Application for Order to compel Arbitrators to state Case for Opinion of the Court . . . . 8. Respondent's (Canal Company's) Costs on Claim for Damages alleged to have been caused by them. Arbitrator appointed by the Board of Trade PAGE 482 483 487 491 49.3 X. COSTS OF AKBITEATION AND INQUIRIES UNDER THE LANDS CLAUSES CONSOLIDATION ACT, 1845. Costs of Arbitration amd Inquiries under the Lands Clauses Con soLiDATioN Act, 1845 ........ Ordinary Allowances made by the ]Masters of the Supreme Court . 1. Claimant's Costs on Assessment by a Special Jury of Compensation for Land taken by a Railway Company 2. Claimant's Costs on Assessment by a Special Jury of Compensation for Lands taken and Damage by Severance .... 3. Claimant's Costs on Assessment by an Arbitrator of Compensation for Lands taken .......... 4. Claimant's Costs. Inquiry before Under-Sheriff and Special Jury on Compulsory Purchase of an Inn ...... -5. Claimant's Costs of Special Case stated by Arbitrator under Lands Clauses Act, on hearing in Divisional Court .... 6. Respondent's Costs of Appeal in same Case .... 7. Claimant's Costs of Arbitration referred by agreement to a Single Arbitrator conducted by Solicitors without Counsel 8. Claimant's Costs of Inquiry before Sheriff and Jury . 495 497 498 500 502 504 506 508 510 512 XL COSTS IN THE PROBATE, DIVORCE, AND ADMIRALTY DIVISION. Costs in the Probate, Divorce, and Admiralty Probate ........ Part I. Contentious Business .... Rules as to Costs (July 30th, 1862) „ (March 2nd, 1874) Costs to be allowed Solicitors Table of Court Fees .... 1. Plaintiff's Costs of Administration Action . 2. Plaintiff's Costs of Citation 3. Plaintiff's Costs under Decree for Probate . 4. Defendant's Costs on a Decree for Probate to Estate of the Testator .... Part II. Non-Contentious Business Rule as to Costs (January 27th, 1803) . Costs to be allowed Solicitors Division 514 515 515 515 515 516 517 518 520 521 be paid out of the 526 532 532 532 XIV CONTENTS. PAGE 1. Ill Eespect of Probates 532 2. In Respect of Letters of Administration with Will annexed 533 3. In Respect of Letters of Administration 53i 4. In Respect of Double or Cessate Probates 535 5. Exemplification of Probate or Letters of Administration with or without Will annexed 530 6. In Respect of Duplicate or Triplicate Probates or Letters of Adminis- tration with or without Will annexed ...... 53G 7. In Respect of Letters of Administration with or without Will annexed De bonis non or Cessate ....... 537 8. In Respect of Probates, Special or Limited ..... 538 9. In Respect of Letters of Administration with or without Will annexed, Special or Limited 539 10. Miscellaneous 539 Table of Court Fees : — 1. Probates or Letters of Administration with Will annexed . . . 541 2. Letters of Administration ......... 542 3. Miscellaneous 544 4. Table of Fees taken in the Principal and District Registries and by the Registrars of County Courts in pursuance of the Act, 36 & 37 Vict. c. 52, and .38 & 39 Vict. c. 27 549 1. Cost of proving Will when Estate sworn from £800 to £1,000 . . 549 2. Costs of obtaining Letters of Administration. Estate from £800 to £1,000 550 3. In Respect of Double or Cessate Probate on which no Stamp Duty is payable ............ 550 4. In Respect of Letters of Administration with or without Will annexed De bonis non, or Cessate, upon which no Stamp Duty is payable ............ 551 5. Residuary Account 551 Finance Act, 1894. Rates of Estate Duty 552 XI. COSTS IN THE PEOBATE, DIVOECE, AND ADMIEALTY DIVISION. Divorce 553 Rules and Regulations in Divorce and Matrimonial Causes, 1865 — 1875 . 553 Rules as to Wife's Costs, &c., as amended July 14th, 1875 . . . 554 Additional Rules, January 30th, 1869. Restitution of Conjugal Rights (as to Costs) 555 Additional Rules, July 14th, 1875. Alimony. Dismissal of Petition (Costs) 555 Additional Rules, December 15th, 1889 556 Fees to be taken for their own use by Solicitors (on and after the 1st day of January, 1886) 557 Fees to be taken for the Use of other Persons by Solicitors (on and after the 1st day of January, 1886) 562 Counsel's Clerk's Fees 562 Allowances to Witnesses 562 CONTENTS. XV PAGE 1. Petitioner's Costs (Wife) up to Trial (Judicial Separation) . . . 564 2. Petitioner's Costs (Wife) of Trial (Judicial Separation) (Examination of Witnesses before Special Examiner) 567 3. Petitioner's Costs (Wife) of Petition for a Divorce on the Ground of Cruelty and Adultery, down to Decree nisi 570 4. Further Costs of Petitioner down to Decree absolute .... 575 5. Petitioner's Costs against Co-Respondent. Application by Petitioner on Summons to remove Children out of the Jurisdiction of the Court, granted and Respondent given her Costs of the Petitioner's Application ^^^ 6. Petitioner's Costs (Wife) of Order for permanent Alimony and Main- tenance of Children 586 7. Petitioner's Costs of Application to enforce Order for Alimony and of Petition to vary Order 587 8. Petitioner's Costs (Wife) of Order dismissing Motion . . . .589 9. Respondent's Costs (Wife) to Date of settling down Action for Trial . 590 10. Respondent's Costs (Wife) on Petitioner's Application for Leave to file Supplemental Petition 591 11. Respondent's Costs (Wife) of Application by Petitioner for Leave to take Children out of the Jurisdiction of the Court . . . 592 XI. COSTS IN THE PROBATE, DIVOECE, x\ND ADMIRALTY DIVISION. Admir.\ltt 594 1. Plaintiff's Costs of Action for Damages to Plaintiff's Steamship by Reason of Collision with Defendant's Steamship. Arrest. Trial . 595 2. Plaintiff 's Costs of Action for Salvage 599 3. Claimant's Costs in Action of Limitation of Liability . . . 604 4. Plaintiffs' Costs of Action for Damages to their Vessel by Reason of a Collision with Defendant's Vessel. Trial and Reference as to Damages (higher scale) 607 6. Defendant's Costs of Action in Bill of Lading subsequently trans- ferred to Q. B. D. Judgment for Plaintiffs reversed in Court of Appeal, and Costs in the Court of Appeal 613 XII. COSTS IN BANKRUPTCY. 624 Costs in Bankruptcy Bankruptcy Rules 1886 and 1890 (as to Costs) 625 Rules imder Sect. 5 of the Debtors Act, 1869, and Sect. 103 of the Act . 6.32 Scale of Solicitor's Costs 633 I. Petitioning Debtor's Solicitors (Bill of Costs) 633 1. In Summary Cases under Sect. 121 633 2. In Non-Summary Cases 634 CONTENTS. 3. Debtor's Solicitor's Costs on consenting to a Receiving Order on Creditor's Petition . . 4. Debtor's Solicitor's Costs on filing a Declaration of inability to pay . II. Petitioning Creditor's Solicitors (Bill of Costs) .... 1. \Vhere the Act of Bankruptcy is non-compliance with a Bankruptcy Notice ........•■• •2. Proceedings on Petition 3. Costs for Substituted Service where the Debtor keeps out of the Way to avoid Service 4. Where the Debtor disputes the Statements in the Petition 5. Where the Debtor is requested by the Court to enter into a Bond G34 G35 63 635 636 637 638 638 Special Costs Taxation of Petitioner's Costs III. IV. 638 639 V. Debtor's Solicitor's Costs 640 1. Where the Court allows Costs to the Debtor on a Bankruptcy Notice being set aside .......... 640 2. Where the Court allows Costs to a Debtor on Dismissal of Petition . 640 VI. Miscellaneous and General Costs 1. Costs of the Day on Adjournment where no fixed Amount is named 641 in the Order 641 2. Warrants 641 3. Service .... 641 4. Instructions . 641 5. Drawing Documents . 64 6. Perusals 6i2 7. Attendances . 642 8. Letters, Telegrams 643 Vll. General Regulations 643 Appendix to the General Rules under the Bankruptcy Acts, 1883 and 1890 645 Scale of Allowances to Brokers, Accountants, &c. ..... 645 1. Brokers' Allowances .......... 645 2. Auctioneers' Charges .......... 646 3. Accountants' Charges .......... 646 Order as to Fees and Percentages, 18th December, 1890 .... 647 Scale of Fees and Percentages. Table A. Table B. Table C. Table D. 647 649 651 651 CONTENTS. XVU Table E 652 Order as to Fees and Percentages, 11th ilay, 18'J1 ..... Table F 1. Petitioning Creditor's Costs. ReceivingOrder and Public Examination 2. Petitioning Creditor's Costs. Receiving Order. Public Examination. Meetings of Creditors. Bankrupt carrying on Business as a Banker. Tried in the County Court ........ 3. Solicitor's Costs of Appointment by Special Manager. 4. Solicitor's Costs as Solicitors to Official Receiver from Receiving Order to appointment of Trustees 652 652 653 655 659 661 XIII. COSTS IN THE HOUSE OF LOEDS. Directions for Agents (Method of Costs ix the House op Lords . Appeals to the House of Lords. Procedure) ... Standing Orders (lY. and X.) Applicable to all Appeals presented to the House of Lords on or after the 1st November, 1876 Costs Relating to Appeals taxed under a Judgment or Order of the House and Standing Order No. X Schedule of Fees to be charged at the House of Lords .... 1. Appellants' Bill of Costs on Appeal from the Court of Appeal (England) 2. Respondents' Bill of Costs on Appeal from the Court of Appeal (England) 3. Appellants' Bill of Costs on Appeal from the Court of Session in Scotland (Parliamentary Agent's Account) .... 4. Appellants' Bill of Costs on Appeal from the Court of Session in Scotland (Edinburgh Agent's Account) 5. Respondents' Bill of Costs on Appeal from the Court of Session in Scotland (Parliamentary Agent's Account) .... 6. Respondents' Bill of Costs on Appeal from the Court of Session in Scotland (Edinburgh Agent's Account) 666 666 668 669 670 670 674 677 6S0 682 685 n. Costs in the House of Lords relative to Private Bills .... List of Charges for Parliamentary Agents, Solicitors, and Others, pre- pared by the Clerk of the Parliaments in pursuance of The House of Lords Cost Taxation Act, 1849, 12 & 13 Vict. c. 8 1. Attendances ......... 2. Sessional or Solicitation Fee 3. Time Charges 4. Drawing Documents 5. Parliamentary Agent's Charges for Perusing and Settling Documents drawn by a Solicitor 6. Perusals 7. Copies of Documents . . . . 8. Examining printed Documents 9. Making up Copies of Bills, and filling up Amendments 10. Making up Documents J.C. 686 686 687 693 695 695 698 699 700 700 700 701 XVni CONTENTS. PAGE 11. Letters 701 12. Table A. (Copies) 702 13. Scale of Charges for Witnesses attending Select Committee . . 703 14. Costs taxable by the Taxing Of3ficer of the House of Lords, and Mode of Proceeding thereon 704 XIV. COSTS IN THE HOUSE OP COMMONS. Costs in the House of Commons 710 List of Charges for Parliamentary Agents, Solicitors, and Others, prepared by Mr. Speaker, in pursuance of the House of Commons Costs Taxation Act, 1847, 10 & 11 Vict. c. 69— 1. Attendances 711 2. Sessional or Solicitation Fee 718 3. Time Charges 720 4. Drawing Docmnents 720 5. Parliamentary Agent's Charges for Perusing and Settling Docimients drawn by a Solicitor 724 G. Perusals . 725 7. Copies of Documents .......... 725 8. Examining printed Documents ........ 725 9. Making up Copies of Bills, and filling up Amendments . . . 726 10. Making up Documents 726 11. Letters, &c. 726 Table A. (number of cojiies of docmnents allowed to be charged for) . 727 A T.A.BLE OF THE FeES TO BE CHARGED AT THE HoUSE OF Commons. Fees to be paid by the Promoters of a Private Bill .... For Proceedings in the House ........ For Proceedings before any Committee or the Referees . Fees to be paid by the Opponents of a Private Bill .... For Proceedings before the Examiners, or before any Committee or the Referees ........... General Fees Fees to be paid on the Taxation of Costs on Private Bills Fees to be taken by the Shorthand Writer 728 728 728 728 729 729 729 730 XV. COSTS IN THE PEIVY COUNCIL. Costs in the Privy Council 731 Schedule of Fees allowed to Solicitors conducting Appeals or other Business before the Judicial Committee of the Privy Council . 732 Council Office Fees on Appeals and Petitions to the Queen in Council . 732 1. Appellant's Costs of an Appeal from the High Court of Judicature for the North-Western Provinces, Allahabad 733 2. Respondent's Costs of an Appeal from the Supreme Court of the Colony of Natal 735 3. Costs of Caveator of Opposition to Prolongation of Patent . . . 738 CONTENTS. XIX XVI. COSTS IN THE COUNTY COURT. PAGE Rules as to Costs, 5th February, 1892 743 Rules as to Costs, 5th July, 1892 744 Order 50a (Costs) 744 Taxation and Review of Taxation, &c., &c. . . . . . . 744 The County Court Rules, 1895 (as to Costs) 748 The County Court Rules, 1896, Order 50a 749 Rules under the Tithe Act, 1891 (Costs) 750 Costs to be paid to Solicitors in Actions and Matters (lower scale) . . 751 Costs to be paid to Solicitors in Actions and Matters (higher scale) . . 752 Allowances to Witnesses . . . . . . ■' . . • • 765 Total of Items of Costs to be entered on Summons for Amounts exceeding £10, where the Particulars and Copies are signed by the Solicitor 765 Treasury Order regulating Court Fees, 1889 ...... 766 Schedule (A) as amended by Treasury Order of 3rd May, 1895 . . . 707 Schedule (B).— Part I.— General 709 ,, Part 11. — Registrar's Fees 770 ,, Part III. — Registrar's Fees 771 ,, Part IV. — Winding up under the Companies Act, 1867, the Industrial and Provident Societies Act, 1876, and the Building Societies Act, 1874 774 , , Part V. — Registrar's Fees 774 High Bailifi's Fees 775 ., Part VI. — Registrar's Fees 776 Treasury Order dated 15th September, 1888, regulating Fees under the Law of Distress Amendment Act, 1888 ...... 777 Schedule thereto ........... 777 Treasury Order dated 16th August, 1895, as to Taxation of Costs of School Board Elections 777 1. Plaintiff's Costs of an Action commenced in a County Court, where the Sum recovered exceeds £10, and does not exceed £20 . . 777 2. Plaintiff's Costs of Action commenced in a County Court where the Sum recovered exceeds £20, and does not exceed £50, and where the Sum recovered exceeds £50 ■ 779 3. Defendant's Costs of Action commenced in a County Court where the Sum claimed exceeds £20, and does not exceed £50, and also where the Sum claimed exceeds £50 785 4. Plaintiff's Costs remitted to County Court under Order 14 where Amount recovered does not exceed £50, judgment having been obtained in the Superior Court for £20 or more .... 786 5. The like with unconditional Leave to defend ..... 788 6. Defendant's Costs. Amount claimed exceeding £20, and not exceeding £50, and when it exceeds £50 ........ 789 7. Claimant's Costs of Interpleader Proceedings remitted to County Court when the Subject-matter exceeds £20 ..... 790 8. Execution Creditor's Costs in Interpleader Proceedings remitted to County Court 790 9. Sheriff's Costs on Interpleader Proceedings remitted to County Court 791 b 2 CONTEXTS. 10. Plaintiff's Costs of Aciicn commenced in Counuy Court under its Equity Jurisdictions for Administration ol a deceased Person's Es'cate 792 11. Defendant's Costs of Administration Action ..... 795 12. Payment into Couit under Sect. 70. C. C. Act, 188S . . .797 THE COUNTY COURT EULES, 1892. JURISDICTION. ADMIRALTY 97 708 The County Court Rules, 1892. Order 39b. AdmirpHy Actions (Costs) 1. Plaintiff's Costs. Action for Damages by ColHsion. Higher Scales when over £50 recovered (Column C.) 2. Defendant's Costs. Action for Damages by Co'Usion. Higher Sca'e wher? more than £50 recovered (Column C.) 803 3. Pla'ntifi's Costs. Action for Damages by ColHsion. Lower Sc?le. (Column B.) 806 4. Defendart's Costs. Action for Damages by Collision. Lower Scale. (ColrmnB.) 808 5. Plaintiif's Costs. Action for Salvage. Higher Scale. (Column C.) 809 G. Defendant's Costs. Action for Salvage. Higher Scale. (Column C.) 812 XVII. COSTS IN THE MAYOR'S COURT, LONDON. The Mayor's Court Rules, 1892 (as to Costs) 815 Fees ana Costs, 1890 (Rules) 817 Schedule A 819 Schedule B 822 Allowances to Witnesses 832 Allowances to Scientific Witnesses 832 1. Plaintiff's Costs on Judgment after Trial (under £20). . . . 833 2. Plaintiff's Costs on Judgment after Trial (above £50). . . . 834 3. Defendant's Costs on Judgment after Trial (above £50) . . . 83G 4. Defendant's Costs on Judgment after Trial (above £20 and under £50) 838 XVIII. COSTS IN THE COURT OP PASSAGE THE CITY OF LIVERPOOL. OF Fees to be taken by Solicitors of the Court ..... In Actions where the Sum claimed does not exceed £5 . . . Amended Rules as to Costs (in Actions for Sums not exceeding £5) 30th October, 1880 Amendment of Table of Fees and Costs, July 24th, 1884 Fees to be taken in the Court of Passage in Admiralty Suits. (Schedule I.) In the INIarshal's Office ......... Fees to be taken by Examiners, Commissioners, and Nautical Assessors (for their own use). (Schedule II.) S41 845 847 847 S50 851 CONTENTS. XXI Fees to be taken by Practitioners (for their own use) between Party and Party. (Schedule III.) 851 Order as to Costs in Admiralty, 30th May, 1878 854 Schedule III. (Scale where Amount does not exceed £20) . . . 855 Table of Fees to be taken by the Registrar and the Officers of the Sergeant- at-Mace 857 XIX. CONVEYANCING COSTS. I. Conveyancing Costs General Order made in pursuance of the Solicitors Remuneration Act 1881 Schedule I. Part I Table A. of Commission thereunder . Rules Schedule I. Part II. First Scale Table B Schedule I. Part II. Second Scale Table C SG2 861 865 866 868 869 870 870 871 871 872 873 Rules applicable to Part II. of Schedule I Schedule II Solicitor's Bill of Costs on purchasing a Freehold Estate under Schedule I Part I II. Conveyancing Charges and Bills of Costs where the Scales under Schedule I. are not applicable. 1. General Charges 873 2. Lessor's Costs of short Lease and Counterpart 3. Lessee's Costs of Lease .......•• 4. Purchaser's Costs of Purchase of Leasehold Property 5. Costs of Assignment of Lease by Indorsement 6. Costs of preparing a Will 7. Costs of a Special INIarriage Settlement 8. Purchaser's Solicitor's Costs on Purchase of a Freehold 9. Vendor's Solicitor's Costs on Sale of a Freehold by Private Contract 10. Vendor's Solicitor's Costs on Sale of a Freehold by Auction 11. Mortgagor's Solicitor's Costs on effecting a Mortgage 12. Mortgagee's Solicitor's Costs on advancing a Sum of ^Money by Way of jNIortgage 13. Costs of Registering Deeds in INIiddlesex and Yorkshire 875 875 876 876 877 877 880 881 883 884 885 886 III: Land Transfer Act, 1875. General Rules of 1st January, 18S9 The First Schedule. (Parts I. and II.) Fee Order of 16th January, 1889 Rule of 23rd November, 1891 Fee Order of 8th August, 1892 Land Charges Registration and Searches Act, 1888. Rule as to Fees . 886 833, 889 . 889 . 892 . 892 . 893 Xxii CONTEXTS. PAGE Land Registrj' (Middlesex Deeds) Act, 1891. Rule 893 Schedule 894 Rule B under the Act for the Abolition of Fines and Recoveries, and Sect. 7 of the Conveyancing Act, 1882 894 Charges allowed to Solicitors thereunder ...... 894 Order as to Court Fees, December, 1882 895 Fees under the Act 3 & 4 Will. IV. c. 74 (The Fines and Recoveries Act) 895 Fees under Sect. 48 of the Conveyancing and Law of Property Act, 1881 896 TABLE OF CASES. Allen, Ee, 34 C. D. 433 Allen V. The Marbella Iron Ore Co., 47 L. J. C. P. 601 Andrews v. Barnes, 39 C. D. 133 .... Atkinson v. Carlisle (Mayor of), 65 L. J. Q. B. 331 Barber v. Burt (1894), 2 Q. B. D. 437 Barker v. Hempstead, 58 L. J. Q. B. 369 ; 60 L. T. 640 Barnes v. Hayward, 1 H. & N. 742 . Batley v. K;>aiock, 20 Eq. 632 ; 44 L. J. Ch. 565 Boulding v. Tyler, 32 L. J. Q. B. 85 ; 11 W. E. 307 Bray v. South-Eastern Railway Co., 19 L. J. Q. B. 11 British Dynamite Co. v. Krebs, 11 C. D. 448 . Brown v. Nelson, 13 M. & W. 397 . Brown v. Sewell, 16 C. D. 517 ; 44 L. T. 41 . Cashmere, The, 59 L. J. Prob. Div. 57 Calvert v. Scinde Railway Co., 18 C. B. (N. S.) 306 Cathcart, Be, 1 Ch. (1892) 549 ; and 1 Ch. (1893) 466 Chapman, In Be, 10 Q. B. D. 54 ; 52 L. J. Q. B. 75 Clarke v. Owen, 4 Har. & W. 324 . CoUins V. Worley, 60 L. T. 748 ... Cooper V. Whittingham, 15 C. D. 501 ; 49 L. J. Ch. 752; Crosse v. BurreU, 29 L. J. Ex. 473 . Dare v. Ivirkhouse, 2 L. J. Q. B. 195 Discount Banking Co. of England v. Lambardi, 34 244 (1893), 2 Q. B. 329 .... Easton v. London Joint Stock Bank, 38 C. D. 25 36 W. R. 375 Flower v. Gardner, 3 C. B. (N. S.) 185 Forster v, Farquhar (1893), 1 Q. B. 564 C. C 43 L. T. 16 FA6B 862 666 Int. 762 386 786 467 52 752, 779' 495 666 467 158 748 52 225 17 467 23 Int. 52 Chronicle 58 L. T. 364 48 L. J. Ex. 186 Garnett v. Bradley, 3 App. Cas. 944 ; Gibson V. Kilner, 37 S. J. 497 . Goodall^;. Ray, 4 Dowl. 1 .... Goodman v. Blake, 19 Q. B. D. 77 ; 35 W. R. 812 Griffiths V. Ystradyfodwg School Board, 24 Q. B. D. 307 ; 59 L. J. Q. B. 117 .. . Guildford Case, The, 1 O'M. & H. 15 467 791 23 52 Int. Int. 74& 467 791 4 411 XXIV TABLE OF CASES. Halliclay v. AVaketield (Mayor, &c., of), 20 Q. B. D. G99 ; 57 L. .7. Q. B. 624 Hamilton v. Ottaway, 3 C. P. D. 393 Hanis v. Petherick,"^4 Q. B. D. 611 (C. A.) Harrison v. Abergavennj' (Marquis of), ;;7 L. T. 360 Hasker v. Wood, 54 L. J. Q. B. 419 ... Hawkins v. Rigby, 3 C. B. (N. S.) 271 ; 29 L. J. C. P. 228 Heap V. Peart (1891), 1 Q. B. 110 ; 39 W. P. 95 Helps V. Clayton, 17 C. B. (N. S.) 553 .. . Hill V. Peel, L. R. 5 C. P. 172 Houghton V. Tottenham Railway Co., W. N. (92) 88 Howes V. Barber, 21 L. J. Q. B. 254 Hughes V. Meyrick, 5 C. P. 407 Hunter v. Liddell, 16 Q. 13. 402 .... 411, 508 575 Int. 4 Int. 468 _ 784 . 877 412, 413 4 . 52 412, 413 . 51 76: Jones V. Curling, 13 Q. B. D. 262 ; 53 L. J. Q. B. 373 ; 50 L. T. 349 Int. Joyce V. Beale (1891), 1 Q. B. 459 ; 60 L. J. Q. B. 242 ; 64 L. T. 306 6 Keeble v. Bennett (1894), 2 Q. B. 329 ; 63 L. J. Q. B. 694 Lee Conservancy Board v. Button, 12 C. D. 383 Lewis V. Harris, 2 B. & C. 620 London Scottish Benefit Building Society v. Chorley Q. B. D. 872 ; 51 L. T. 100 . Lovering v. Dawson, L. R. 10 C. P. 726 46 L. J. C. P, 484 . J. Q. B. 6.:8 ; 61 L. J. Q. B 382 X. 381; 23 Mackintosh v. Blyth, 1 Bing. 269 Mackley v. ChiUingworth, 2 C. P. D. 273 Mahon, In Be, C. D. 1893 (1), C. A. 507 Marshall v. James, 9 C. P. 702 Martin v. Andrews, 7 E. & B. 1 McGrath v. Cartwright, 23 Q. B. D. 3 McLaren v. Home, 7 Q. B. D. 477 ; 50 L MiUington v. Harwood (1892), 2 Q. B. 166 Monkseaton, The, 14 P. D. 52 . Moore v. Southern Counties Bank, W. N. (89) 156 . Morse, In Be, 60 L. J. Q. B. 626 ; 65 L. T." 552 Mucklow V. Whitehead, Oppenshaw v. Whitehead, 9 E L. J. Ex. 97 Myers v. " Financial News," 5 Times Rep. 42 . Myers v. Isaac, In re Levy ..... Neaves v. Spooner, C. A. 58 L. T., p. 164 Norwich Case, The, 4 0':\I. & H. 160 O'Hara v. Elliott (1893), 1 Q. B. 362 ; 68 L. T. 166 ; 41 W. R. 248 , OUvant V. Wright, 45 L. J. C. D. 1 OUver V. Robins, 60 L. J. Q. 15. 203 Ottaway v. Hamilton, 3 C. P. D. 393 ...... Owen V. London and North-Western Railway Co., 37 L. J. Q. B. 35 L. R. 3 Q. B. 54 L. R. 13 789 167 467 323 411 . 467 . 52 . 862 . 411 . 52 . 386 . 414 12, 251 . 514 17 16 Int. 787 Int. 411 23 Int. 747 575 496 TABLE OF CASES. XXV PAGE Parker, In re, 29 C. D. 199 S32 Parkinson v. Atkinson, ol L. J. C. P. 199 51 Parr v. Lillicrap, 32 L. J. Ex. 153 7.52, 779 Prebble and Robinson's Arbitration, In re (1892), 2 Q. B. 602 . . 467 Pringlc V. Gloag, 10 C. D. 676 ; 48 L. -T. Ch. 380 ; 40 L. T. 512 21, 145 Reeve v. Gibson (1891), 1 Q. B. 652 ; 60 L. J. Q. B. 451 ; 64 L. T. 141 Int. Sandbach Charity -y. North Staffordshire Railway Co., 47 L. J. Q. B. 10 496 Saywood v. Cross, 14 Q. B. D. 53 ; 54 L. J. Q. B. 17 . . • 12 Sheffield Waterworks Act, 1864, Be, L. R. 1 Ex. 54 . . . . 496 Shrapnel v. Laing, 20 Q. B. D. 334 ; 57 L. J. Q. B. 195 . . . Int. Shrewsbury (Earl of) v. Wirral Railway Co., 10 Times Rep. 561 . 496 Sim V. Edwards, 17 C. B. 529 ; 25 L. J. C. P. 175 . . . . 467 Sinclair V. Great Eastern Railway Co., L. R. 5 C. P. 135; 39 L. J. C. P. 165 468 Smith V. Buffer, 19 Eq. 473 ; 45 L. J. Ch. 880 ; 31 L. T. 873 . . 52 Smith V. Darlow, 26 C. D. 605 ; 53 L. J. Ch. 696 ; 50 L. T. 571 . 791 Stanford v. Roberts, 26 C. D. 155 Int., 862 Statham v. Wffson (1891), 2 Q. B. D. 261 ; 60 L. J. Q. B. 725 . 788 Stevens, Smith, & Co. and Liverpool and London and Globe Insur- ance Co.'s Arbitration, In re, 36 Sol. J. 464 .... 467 Strousberg v. Sanders, Court of Appeal, 38 W. R. 117 . . . 745 Studhara V. Stanbridge, 64 L. J. Q. B. 473 ; 43 W. R. 543 . 746, 790 TiUet V. Stracey, 5 C. P. 185 411, 412, 413 TurnbuU v. Janson, 3 C. P. D. 264 ; 47 L. J. C. P. 384 ; 26 W. R. 815 52 Turner v. Turner, 51 L. T. 497 51 Utting V. Evans, McLel. 12 West Ham Union (the Guardians of the Poor of) v. The Church wardens of St. Matthew's, Bethnal Green, 12 Times Law Rep. 423 ; L. R. (A. C.) 1896, 477 White V. Cohen (1893), 1 Q. B. 580 ; 62 L. J. Q. B. 274 ; 4 R. 352 467 666 789 INTRODUCTORY. The third section of the Supreme Court of Judicature Act, 1890, enacts that, subject to the Supreme Court of Judicature Acts and the Rules of Court made thereunder, and to the express provisions of any statute, whether passed before or after the commencement of that Act, the costs of and incident to all proceedings in the Supreme Court, including the administration of estates and trusts, shall be in the discretion of the Conrt or Judge, and the Court or Judge shall have full power to determine by whom and to what extent such costs are to be paid. By Order G5, Rule 1, of the Rules of the Supreme Court, 1883, the costs of and incident to all proceedings in the Supreme Court, including the administration of estates and trusts, shall be in the discretion of the Conrt or Judge : " provided that nothing therein contained shall deprive an executor, administrator, trustee, or mort- gagee who has not unreasonably instituted or carried on or resisted any proceedings, of any right to costs out of a particular estate or fund to which he would be entitled according to the rules hitherto acted upon in the Chancery Division ; provided also that, where any action, cause, matter, or issue is tried with a jury, the costs shall follow the event, unless the Judge by whom such action, cause, matter, or issue is tried, or the Court shall, for good cause, other- wise order." From the statute and rule above recited, it appears that the costs of all proceedings in the Supreme Court, subject to the express pro- visions of any statute and the right of executors and others, under the rules previously acted upon in the Chancery Division, are either XXVIU INTRODUCTORY. in the discretion of the Court or Judi^-e, or follow the event if tried with a jury, subject to the jiower of the Judu-e or Court, for u-ood cause otherwise to order. The meaning- and effect of the words " discretion of the Court or Judi;-e," " follow the event," and " unless the Judge for good cause otherwise order " have all been the subject of controversy and judicial decision. The word discretion used in the statute and rule is to be under- stood, in a judicial sense, " where a plaintiff comes to enforce a legal right, and there has been no misconduct on his part — no omission or neglect which would induce the Court to deprive him of his costs, the Court has no discretion, and cannot deprive him of his costs" (by Sir George Jessel, i\I.R., Cooper v. Whlttlnijliam, C. I). 1"), p. 50-f). It is not, however, necessary to show actual misconduct on the part of the plaintiff to deprive him of costs and to award costs to the defendant in lieu, if the circumstances of the case show that such a course is fair and reasonable (Forsfcr v, Farquhar (18'J;3), 1 Q. B. 504). In an action of ejectment in which the plaintiff claimed several parcels of land, as to some of which he was successful and as to others failed, the Judge, at the trial, ordered each party to pay his own costs instead of ordering judgment for the plaintiff for the portion of the land as to which he was successful, with costs, and judgment for the defendant as to the residue with costs. The. latter judgment would have entitled the plaintiff to the costs of the cause, including the costs of proving his title to the land as to which he succeeded, and the defendant only to the costs occasioned by the plaintiff's having claimed moi-e than he was able to prove his title to. This order was set aside by the Court of Appeal on the ground that such was not an exercise of discretion in its legal sense, and the Court of Appeal expressed its aj^proval of the judgment of Sir George Jes?el in Cooper v. Whift'uvjham {Jones v. Curling, 13 Q. B. D. (C. A.) 202). IKTEODUCTORY. Where any action or matter is tried with a jury, the costs " shall follow the event " unless the JucJo-e by whom such action, matter, or issue is tried, or the Court shall, for good cause, otherwise order. The meaning of the words "shall follow the event" has been decided by the House of Lords in Garnett v. Bradley (3 Appeal Cases, 944). In that case, which was an action for slander, in which the plaintiff obtained a verdict for less than 40.s. damages, the Hoase of Lords held (overruling the Court of Appeal) that the plaintiff was entitled to costs notwithstanding the statute (21 Jac. 1, c. IG), which enacted that the plaintiff should have no costs unless he obtained a verdict for 40.S. or more, on the ground that the Judicature Acts and Pailes impliedly repeal all statutes which are inconsistent with them. This decision, however, was before the Judicature Act of 1890, which preserves the express provisions of any prior or subsequent statute. "it has been decided that the Judicature Acts and Eules do not overrule statutes directing special costs in particular cases, such as actions for infringement of copyright under the 5 & G Yict. c. 97, by which the plaintiff, if successful, is entitled to a full and reasonable indemnity as to costs {Reeve v. Gihson (1891), 1 Q. B. p. GGO) ; or, to cases in which the plaintiff is by statute entitled to double costs or their substitute of " full costs, charges, and expenses" under the 5 & G Yict. c. 97 {Haslcer v. Wood, 54 L. J. Q. B. 419). The power of the Judge " for good cause " to deprive the plaintiff of costs, though he has obtained a verdict, extends to ordering him to pay the defendant's costs {Harris v. Pefhericic, 4 Q. B. D. Gil (C. A.). See also Jli/ers v. Financial Xeivs, 5 Times R. 42. Order G5, Rule 1, further provides that nothing therein contained shall deprive an executor, administrator, trustee, or mortgagee, who has not unreasonably instituted or carried on, or resisted any proceedings, of any right to costs out of a particular estate or fund to which he would be entitled according to the rules hitherto acted upon in the Chancery Division. Under this rule the Chancery Division still has power to order payment of costs as between solicitor and client in matters of equitable jurisdiction {Andrews v. Barnes, 39 C. D. 133). XXX INTRODUCTORY. In the absence of a statutory right to costs as between solicitor and client, the costs awarded to a successful party (with the above excep- tion) are party and party costs. The Public Authorities Protection Act, 1893 (5G &■ 57 Vict. c. 01) enacts that where any action, prose- cution, or other proceeding is commenced against any person for any act done in pursuance or execution of, or intended execution of any Act of Parliament, or any public duty or authority, or in respect of any alleged neglect or default in the execution of such act, duty, or authority, if in any such action, &c., a judgment is obtained by the defendant, it shall carry costs to be taxed as between solicitor and client. Costs in the Court of Appeal by Order (!"), Pule 1, are in the discretion of the Court, but by the practice of the Court they follow the event of the appeal, and a successful appellant has the costs in the Court of Appeal as well as the costs below, unless under some unusual circumstances {Olivant v. Wrighi, 45 L. J. C. D. 1). As to counterclaims, where the plaintiff is successful on his claim, and the defendant on his counterclaim, the principle on which the costs are taxed is, as far as possible, as though there were two actions, in one of which the plaintiff, and in the other the defendant, succeeds. The plaintiff is entitled to the costs appHcable to his claim, and the defendant to those applicable to his counterclaim, each of them being entitled to half of the costs of proceedings applying to both claim and counterclaim ; the defendant's costs commencing with instructions for defence and counterclaim. A mere matter of set-off", which is strictly not counterclaim, in which the defendant is successful, is not within the principle, though pleaded as a matter of counterclaim (Shrajmd v. Laing, 20 Q. B. D. ?>:U). The fees solicitors are entitled to charge, as set out in Appendix N., are substantially the same in all the divisions of the High Court, except as to summonses and orders. As to these, in consequence of the very complicated provisions which have to be made in some of the orders drawn up in the Chancery Division, a corresponding increase of charge is provided for by the rules and appendix. "With regard to actions in the High Court which might have been INTRODUCTORY. XXXI commenced in the County Court, the llGth section of the County Courts Act, 1888, provides that : — "1. If in an action founded on contract the plaintiff shall recover ] a sum less than twenty pounds, he shall not be entitled to any costs of the action, and if he shall recover a sum of twenty pounds or upwards, but less than fifty pounds, he shall not be entitled to any more costs than he would have been entitled to if the action had been brought in a County Court ; and " 2. If in an action founded on tort the plaintiff shall recover a sum less than ten pounds, he shall not be entitled to any costs of the action ; and, if he shall recover a sum of ten pounds or upwards, but less than twenty pounds, he shall not be entitled to any more costs than he would have been entitled to if the action had been brought in a County Court ; unless in any such action, w^hether founded on contract or on tort, a Judge of the High Court certifies that there was sufficient reason for bringing the action in that Court, or unless the High Court or a Judge thereof at Chambers shall by order allow costs. Provided that, if in any action founded on contract the plaintiff shall within twenty-one days after the service of the writ, or within such further time as may be ordered by the High Court or a Judge thereof, obtain an order under Order 14 of the Rules of the Supreme Court empowering him to enter judgment for a sum of twenty pounds or upwards, he shall be entitled to costs according to the scale for the time being in use in the Supreme Court." The first portion of the above enactment as to the fifty pounds Hmit is similar to Order 05, Rule 12, which was in force previously to the passing of the County Courts Act, 1888, except that the words in the rule are " not exceeding fifty pounds " instead of, as in the statute, "less than fifty pounds" (see note to Order 05, Rule 12, page 12). But the discretionary power in Clause 2 enables the Court or a Judge in Chambers to allow costs on the High Court scale, or on the County Court scale, in all actions in the Queen's" Bench Division, which the result shows might have been brought in a County Court {Keaves v. Sjjooner, C. A., L. T, 58, p. 10-1). j^j^^^ii INTKODUCTOKY. Coavcyancing costs are now taxed accor(lin1. Costs ordered to be paid to a person admitted to sue or defend as a pauper shall, unless the Court or a Judge shall otherwise direct, be taxed as in other cases. Conduct of Action. Rule 39. The Court or a Judge may require any person to be made a party to any action or proceeding, and may give the conduct of the action or proceeding to such person as he may think fit, and may make such order in any particular case as he may think just for placing the defendant on the record on the same footing in regard to costs as other parties having a common interest with him in the matters in question. BuJes.^ 3 Third Party Costs, KuLE 54. The Court or a Judge may decide all questions of costs, as between a third party and the other parties to the action, and may order any one or more to pay the costs of any other, or others, or give such direction as to costs as the justice of the case may require. Prolix Pleadings. Order 19, Rule 2. The plaintiff shall, subject to the provisions of Order 20, and at such time and in such manner as therein pre- scribed, deliver to the defendant a statement of his claim, and of the relief or remedy to which he claims to be entitled. The defendant shall, subject to the provisions of Order 21, and at such time and in such manner as therein prescribed, deliver to the plaintiff his defence, set-off, or counter-claim (if any), and the plaintiff shall, subject to the provisions of Order 23, and at such time and in such manner as therein prescribed, deliver his reply (if any) to such defence, set-off, or counter-claim. Such statement shall be as brief as the nature of the case will admit, and the taxing officer in adjusting the costs of the action shall, at the instance of any party, or may without any request, inquire into any unnecessary prolixity, and order the costs occasioned by such prolixity to be borne by the party chargeable with the same. EuLE 5. The Forms in Appendices C, D, and E, when applicable, and where they are not applicable forms of the like character, as near as may be, shall be used for all pleadings, and where such Forms are applicable and sufficient any longer forms shall be deemed prolix, and the costs occasioned by such prolixity shall be disallowed to or borne by the party so using the same, as the case may be. Admissions of Facts in Pleadings. Order 21, Rule 9. Where the Court or a Judge shall be of opinion that any allegations of fact denied or not admitted by the defence ought to have been admitted, the Court or Judge may make such order as shall be just with respect to any extra costs occasioned by their having been denied or not admitted. Payment into Court. Order 22, Rule G. When the liability of the defendant, in respect of the claim or cause of action in satisfaction of which the payment into Court has been made, is denied in the defence, the following rules shall apply : — (a) The plaintiff may accept, in satisfaction of the claim or cause of action in respect of which the payment into Court has been made, the sum so paid in, in which case he shall be entitled to have the money paid out to him as hereinafter provided, notwithstanding the defendant's denial of liability, whereupon all further proceedings, in respect of such claim or cause of action, except as to costs, shall be stayed ; or the plaintiff may refuse to accept the money in satisfaction and reply accordingly, in which case the money shall remain in Court subject to the provisions hereinafter mentioned : (b) If the plaintiff accepts the money so paid in, he shall, after service of such notice in the Form No. i, in Appendix B, as is in Rule 7 mentioned, or after delivery of a reply accepting the money, B 2 be entitled to have the money paid out to himself on request, or to liis solicitor on the plaintiff's written authority, unless the Court or a Judge shall otherwise order : (c) If the plaintiff does not accept, in satisfaction of the claim or cause of action in respect of which the payment into Court has been made, the sum so paid in, but proceeds with the action in respect of such claim or cause of action, or any part thereof, the money shall remain in Court and be subject to the order of the Court or a Judge, and shall not be paid out of Court except in pursuance of an order. If the plaintiff proceeds with the action in respect of such claim or cause of action, or any part thereof, and recovers less than the amount paid into Court, the amount paid in shall be applied, so far as is necessary, in satisfaction of the plaintiff's claim, and the balance (if any) shall, under such order, be repaid to the defendant. If the defendant succeeds in respect of such claim or cause of action, the whole amount shall, under such order, be repaid to him. Rule 7. The plaintiff, when payment into Court is made before delivery of defence, may within four days after the receipt of notice of such payment, or when such payment is first signified in a defence, may before reply, accept in satisfaction of the claim or cause of action in respect of which such payment has been made the sum so paid in, in which case he shall give notice to the defendant in the Form No. 4 in Appendix B, and shall be at liberty, in case the entire claim or cause of action is thereby satisfied,''' to tax his costs after the expiration of four days from the service of such notice, unless the Court or a Judge shall otherwise order, and in case of non-payment of the costs within 48 hours after such taxation, to sign judgment for his costs so taxed. Rule 8. Where money is paid into Court in two or more actions which are consolidated, and the plaintiff proceeds to trial in one, and fails, the money paid in and the costs in all the actions shall be dealt with under this Order in the same manner as in the action tried. Rule 1). A plaintiff may, in answer to a counter-claim, pay money into Court in satisfaction thereof, subject to the like conditions as to costs and otherwise as upon payment into Court by a defendant. Defence Arising pending Action. (3rder 24, Rule 3. Whenever any defendant, in his statement of defence, or in any further statement of defence as in the last Rule mentioned, alleges any ground of defence which has arisen after the commencement of the action, the plaintiff may deliver a con- fession of such defence (which confession may be in the Form Xo. 5 in Appendix B, with such variations as circumstances may require), and may thereupon sign judgment for his costs up to the time of the pleading of such defence, unless the Court or a Judge shall, either before or after the delivery of such confession, otherwise oi'der. This rule does not give the plaintiff an absolute right to judgment for costs. If the Court are of oiDinion that there is a question raised by the defence that ought to be tried the judgment will be set aside: Harrison \. Abergavenny, 67 L. T. 360; Houghton v. Tottenham Rlw7j. Co., W. N. (92) 88. • This does not apply where the defendant sets up a defence of tender before action. If the defendant succeed on that issue the plaintiff is not entitled to costs : Griffiths v. Ystradijfodwg , 24 Q. B. D. 307 ; 59 L. J. Q. B. 117. Discontinuance. Order 20, Rule 1. The plaiutiff may, at any time before receipt of the defendant's defence, or after the receipt thereof, before taking- any other proceeding in the action (save any inter- locutory application), by notice in writing, wholly discontinue his action against all or any of the defendants, or withdraw any part or parts of 'his alleged cause of complaint, and thereupon he shall pay such defendant's costs of the action, or, if the action be not wholly discontinued, the costs occasioned by the matter so withdrawn. Such costs shall be taxed, and such discontinuance or withdrawal, as the case may be, shall not be a defence to any subsequent action. Save as in this Rule otherwise provided, it shall not be competent for the plaintiff to withdraw the record or discontinue the action without leave of the Court or a Judge, but the Court or a Judge may before, or at, or after the hearing or trial, upon such terms as to costs, and as to any other action, and otherwise, as may be just, order the action to be discontinued, or any part of the alleged cause of complaint to be struck out. The Court or a Judge may, in hke manner, and with the like discretion as to terms, upon the appli- cation of a defendant, order the whole or any part of his alleged grounds of defence or counter-claim to be withdrawn or struck out, but it shall not be competent to a defendant to withdraw his defence, or any part thereof, without such leave. The fact of the defendant's solicitor not having actually entered an ai^pear- ance does not disentitle the defendant to costs : Moore v. Southern Counties Bank, W. N. (89) 156. Rule 3. Any defendant may enter judgment for the costs of the action if it is wholly discontinued against him, or for the costs occasioned by the matter withdrawn, if the action be not wholly dis- continued, in case such respective costs are not paid within four days after taxation. Rule 4. If any subsequent action shall be brought before payment of the costs of a discontinued action, for the same, or substantially the same, cause of action, the Court or a Judge may, if they or he think fit, order a stay of such subsequent action until such costs shall have been paid. Default of Pleading. Order 27, Rule 2. If the plaintiff's claim be only for a debt or liquidated demand, and the defendant does not, within the time allowed for that purpose, deliver a defence, the plaintiff may, at the expiration of such time, enter final judgment for the amount claimed, with costs. [See Fixed " Costs;' p. 249.) Amendments of Proceedings. Order 28, Rule 12. The Court or a Judge may at any time, and on such terms as to costs or otherwise as the Court or Judge may think just, amend any defect or error in any proceedings, and all necessary amendments shall be made for the purpose of deter- mining the real question or issue raised by or depending on the proceedings. Rule 13. The costs of and occasioned by any amendment made Rules. '\ 6 pursuant to Rules 2 and 3 of this Order shall be borne by the party making the same, unless the Court or a Judge shall otherwise order. Su:«MONS FOR Directions. Order 30, Rule fi. Any application by any party which might have been made at the hearing of the original summons shall, if granted on any subsequent application, be granted at the costs of the party applying unless the Court or a Judge shall be of opinion that the apjihcation could not properly have Ijeen made at the hearing of the original summons. Discovery. Order 31, Rule 3. In adjusting the costs of the cause or matter, inquiry shall at the instance of any party be made into the propriety of exhibiting such interrogatories, and if it is the opinion of the taxing officer or of the Court or Judge, either with or without an apphcation for inquiry, that such interrogatories have been exhibited unreasonably, vexatiously, or at improper length, the costs occasioned by the said inteiTOgatories and the answers thereto shall be paid in any event by the party in fault. Rule 25. In every cause, or matter, the costs of discovery, by interrogatories or otherwise, shall, unless otherwise ordered by the Court or a Judge, be secured in the first instance as provided by Rule 2G of this Order, by the party seeking such discovery, and shall be allowed as part of his costs where, and only where, such discovery shall appear to the Judge at the trial, or, if there is no trial, to the Court or a Judge, or shall appear to the taxing officer, to have been reasonably asked for. Rule 26. Any party seeking discovery by interrogatories shall, before delivery of interrogatories, pay into Court to a separate account in the action, to be called " Security for Costs Account," to abide further order, the sum of £5, and, if the number of folios exceed five, the further sum of 10s. for every additional folio. Any party seeking discovery otherwise than by interrogatories shall, before making application for discovery, pay into Court, to a like account, to abide further order, the sum of £5, and may be ordered further to pay into Court as aforesaid such additional sum as the Court or a Judge shall direct. The party seeking discovery shall, with his interrogatories or order for discovery, serve a copy of the receipt for the said payment into Court, and the time for answering or making discovery shall in all cases commence from the date of such service. The party from whom discovery is sought shall not be required to answer or make discovery unless and until the said payment has been made. The £5 deposit is sufficient, though two or more defendants have to answer the interrogatories or make an affidavit of documents, unless such defendants defend by different solicitors and have independent rights : Joyce v. Beal, (1891) 1 Q. B. 459. Rule 27. Unless the Court or a Judge shall at or before the trial otherwise order the amount standing to the credit of the " Security for Costs Account " in any cause or matter, shall after the cause or matter has been finally disposed of be paid out to the party by whom the same was paid in on his request, or to his solicitor on such party's written autliority, in the event of the costs of the cause or matter Rules.2 7 being: adjudged to him, but, in the event of the Court or Judge ordering him to pay the costs of the cause or matter, the amount in Court shall be subject to a lien for the costs ordered to be paid to any other party. Admissions. Order 32, Rule 2. Either party may call upon the other party to admit any documents, saving all just exceptions ; and in case of refusal or neglect to admit, after such notice, the costs of proving any such document shall be paid by the party so neglecting or refusing, whatever the result of the cause or matter may be, unless at the trial or hearing the Court or a Judge shall certify that the refusal to admit was reasonable ; and no costs of proving any docu- ment shall be allowed unless such notice be given, except when the admission to give the notice is, in the opinion of the taxing officer, a saving of expense. Rule 4. Anj party may, by notice in writing, at any time not later than 9 days before the day for which notice of trial has been given, call on any other party to admit, for the purposes of the cause, matter, or issue only, any specific fact or facts mentioned in such notice. And in case of refusal or neglect to admit the same within 6 days after service of such notice, or within such further time as may be allowed by the Court or a Judge, the costs of proving such fact or facts shall be paid by the party so neglecting or refusing, whatever the result of the cause, matter, or issue may be, unless at the trial or hearing the Court or a Judge certify that the refusal to admit was reasonable, or unless the Court or a Judge shall at any time otherwise order or direct. Provided that any admission made in pursuance of such notice is to be deemed to be made only for the purposes of the particular cause, matter, or issue, and not as an admission to be used against the party on any other occasion or in favour of any person other than the party giving the notice : Provided also, that the Court or a Judge may at any time allow any party to amend or withdraw any admission so made on such terms as may be just. Rule 9. If a notice to admit or produce comprises documents which are not necessary, the costs occasioned thereby shall be borne by the party giving such notice. Taxation in District Registry. Order 35, Rule 4. Where a cause or matter is proceeding in a district registry, all writs of execution for enforcing any judgment or order therein, and all summonses under the Debtors Act, 1869, shall issue from the district registry, unless the Court or a Judge shall otherwise direct. Where final judgment is entered in the district registry, costs shall be taxed in such registry unless the Court or a Judge shall otherwise order. Evidence taken before Examiners of the Court. Order 37, Rule 51. (For the fees the examiners of the Court are entitled to charge, see p. 50.) Affidavits. Order 38, Rule 3. Affidavits shall be confined to such facts as the witness is able of his own knowledge to prove, except on Rules.'} 8 interlocutory motions, on which statements as to his beh'ef, with the p-ounds thereof, may be admitted. The costs of every affidavit which shall unnecessarily set forth matters of hearsay, or aro:unien- tative matter, or copies of or extracts from documents, shall be paid by the party filinc^ the same. Rule 7. Every affidavit shall be drawn up in the first person, and shall be divided into para^jraphs, and every parai^raph shall be numbered consecutively, and as nearly as may be shall be confined to a distinct portion of the subject. Every affidavit shall be written or printed bookwise. No costs shall be allowed for any affidavit or part of an affidavit substantially departing from this rule. Rule 11. The Court or a Jadf;-e may order to be struck out from any affidavit any matter which is scandalous, and may order the costs of any application to strike out such matter to be paid as between solicitor and client. Execution. Order 42, Rule 15. In every case of execution the party entitled to execution may levy the pouudf>ge, fees, and expenses of execution, over and al)Ove the sum recovered. (Admiralty) Marshal's Expenses. Order 51, Rule 16. Any person interested in the proceeds may be heard before the Admiralty Registrar on the taxatioii of the Marshal's account of expenses, and an objection to the taxation shall be heard in the same manner as an objection to the taxation of a solicitor's bill of costs. (Chancery) Party appearing Separately. Order 55, Rule 40. Where, upon the hearing of the summons to proceed, or at any time during the prosecution of the judgment or order, it appears to the Judge, with respect to the whole or any portion of the proceedings, that the interests of the parties can be classified, he may require the parties constituting each or any class to be represented by the same solicitor, and may direct what parties may attend all or any part of the proceedings, and where the parties constituting any class cannot agree upon the solicitor to represent them, the Judge may nominate such solicitor for the purpose of the proceedings before him, and where any one of the parties constituting such class declines to authorise the solicitor so nominated to act for him, and insists upon being represented by a dilferent solicitor, such party shall personally pay the costs of his own solicitor of and relating to the proceedings before the Judge, with respect to which such nomination shall have been made, and all such further costs as shall be occasioned to any of the parties by his being represented by a different solicitor from the solicitor so to be nominated. References in Admiralty Actions. Order 5G, Rule 7. Counsel may attend the hearing of any reference, but the expenses attending the employment of counsel Rules.^ 9 shall not be allowed on taxation, unless the Registrar shall be of opinion that the attendance of counsel was necessary. Rule 8. The Registrar may, if he think fit, report whether any and what part of the costs of the reference should be allowed, and to whom. Rule 10. If the solicitor for the claimant shall not take the steps prescribed in the last preceding Rule, the adverse solicitor may take up and file the report, or may apply to the Court or a Judge to have the claim dismissed with costs. Court of Appeal. Order 58, Rule 4. The Court of Appeal shall have all the powers and duties as to amendment and otherwise of the High Court, together with full discretionary power to receive further evidence upon questions of fact, such evidence to be either by oral examination in Court, by affidavit, or by deposition taken before an examiner or commissioner. Such further evidence may be given without special leave upon interlocutory applications, or in any case as to matters which have occurred after the date of the decision from which the appeal is brought. Upon appeals from a judgment after trial or hearing of any cause or matter upon the merits, such further evidence (save as to matters subsequent as aforesaid) shall be admitted on special grounds only, and not without special leave of the Court. The Court of Appeal shall have power to draw inferences of fact and to give any judgment and make any order which ought to have been made, and to make such further or other order as the case may require. The powers aforesaid may be exercised by the said Court, notwithstanding that the notice of appeal may be that part only of the decision may be reversed or varied, and such powers may also be exercised in favour of all or any of the respondents or parties, although such respondents or parties may not have appealed from or complained of the decision. The Court of Appeal shall have power to make such order as to the whole or any part of the costs of the appeal as may be just. Rule 12. Where evidence has not been printed in the Court below, the Court below" or a Judge thereof, or the Court of Appeal or a Judge thereof, may order the whole or any part thereof to be printed for the purpose of the appeal. Any party printing evidence for the purpose of an appeal without such order shall bear the costs thereof, unless the Court of Appeal or a Judge thereof shall otherwise order. Rule 15. Xo appeal to the Court of Appeal from any interlocutory order, or from any order, whether final or interlocutory, in any matter not being an action, shall, except by special leave of the Court of Appeal, be brought after the expiration of twenty-one days, and no other appeal shall, except by such leave, be brought after the expira- tion of one year. The said respective periods shall be calculated, in the case of an appeal from an order in Chambers, from the time when such order was pronounced, or when the appellant first had notice thereof, and in all other cases, from the time at which the judgment or order is signed, entered, or otherwise perfected, or, in the case of the refusal of an application, from the date of such refusal. Such deposit or other security for the costs to be occasioned by any appeal Rules.] 10 shall be made or given as may be directed under special circumstances by the Court of Appeal. Rule 19. On an appeal from the High Court, interest for such time as execution has been delayed by the appeal shall be allowed unless the Court or a Judge otherwise orders, and the taxing otticer may compute such interest without any order for that purpose. (Chancery) Attendances before Registrar. Order G2, Rule 15. The Registrar shall, at the time of any attendance before him for the purpose of settling the terms of and passing any judgment or order, if requested to do so by any party, on the ground that it is of a special nature or of unusual length or ditHculty, certify, for the information of the taxing otlicer, whether in his opinion auy special allowance ought to be made in taxation of costs in respect thereof. Costs. Order 65, Rule 1. Subject to the provisions of the Acts and these Rules, the costs of and incident to all proceedings in the Supreme Court, including the administration of estates and trusts, shall be in the discretion of the Court or Judge : Provided that nothing herein contained shall deprive an executor, administrator, trustee, or mortgagee who has not unreasonably instituted or carried on or resisted any proceedings, of any right to costs out of a particular estate or fund to which he would be entitled according to the rules hitherto acted upon in the Chancery Division : Provided also, that, where any action, cause, matter, or issue is tried with a jury, the costs shall follow the event, unless the Judge by whom such action, cause, matter, or issue is tried, or the Court, shall, for good cause, otherwise order. (See Introduction.) Rule 2. When issues in fact and law^ are raised upon a claim or counter-claim, the costs of the several issues respectively, both in law and fact, shall, unless otherwise ordered, follow the event. {See Introduction.) Rule 3. If a cause be removed from an inferior Court, having jurisdiction in the cause, the costs in the Court below shall be costs in the cause. Rule 4. Where an action is ordered to be tried in a County Court under the provisions of 11) & 20 Vict, c, 108, s. 2G, the costs of the action shall, subject to the provisions of the Principal Act and these Rules, follow the event, unless by the Registrar's certificate of the result of the trial it shall a])pear that the Judge before wdiom the action was tried was of opinion that the question of costs ought to be referred to a Judge of the High Court, in which case no costs shall be recovered unless ordered by the Court or a Judge. Rule 5. Where upon the trial of any cause or matter it appears that the same cannot conveniently proceed by reason of the solicitor for any party having neglected to attend personally, or by some proper person on his behalf, or having omitted to llules.'] 11 ■ deliver any paper necessary for the use of the Court or Judge, and which according to the practice ought to have been dehvered, such solicitor shall personally pay to all or any of the parties such costs as the Court or Judge shall think fit to award. Rule 6. In any cause or matter in which security for costs is required, the security shall be of such amount, and be given at such times, and in such manner and form, as the Court or a Judge shall direct. . . Rule 6a. A plaintiff ordinarily resident out of the jurisdiction may be ordered to give security for costs, though he may be temporarily resident within the jurisdiction. Rule 7. Where a bond is to be given as security for costs, it shall, unless the Court or a Judge shall otherwise direct, be given to the party or person requiring the security, and not to an officer of the Court. Rule 8. In causes and matters commenced after these Rules come into operation, solicitors shall be entitled to charge and be allowed the fees set forth in the column headed " lower scale " in Appendix N", in all causes and matters, and no higher fees shall be allowed m any case, except such as are by this Order otherwise provided for ; and m causes and matters pending at the time when these Rules come into operation, to which the higher scale of costs previously in force was applicable, the same scale shall continue to be applied. [For Appendix N, sec p. 24.) Rule 9. The fees set forth in the column headed " higher scale " in Appendix X, may be allowed, either generally in any cause or matter, or as to the costs of any particular application made, or business done, in any cause or matter, if, on special grounds arising out of the nature and importance, or the diflficulty or urgency of the case, the Court or a Judge shall, at the trial or hearing, or further consideration of the cause or matter, or at the hearing of any application therein, whether the cause or matter shall or shall not be brought to trial or hearing or to further consideration (as the case may be), so order ; or if the taxing officer, under directions given to him for that purpose by the Court or a Judge, shall think that such allowance ought to be so made upon such special grounds as afore- Rule 10. Upon any reference to a taxing officer to tax a bill of costs of a solicitor for the purpose of ascertaining the amount due to such solicitor in respect thereof ft'om the person to be charged therewith, if such bill shall include charges for business done in any cause or matter, the taxing officer may allow the fees set forth m the column headed " higher scale " in Appendix N, in respect of such cause or matter, or in respect of any particular application made or business done therein, if on such special grounds, as are in the last preceding Rule mentioned, he shall think that such allowance ought to be so made. . r^ t j Rule 11. If in any case it shall appear to the Court or a Judge that costs have been improperly or without any reasonable cause incurred, or that by reason of any undue delay m proceeding under judo-ment or order, or of any misconduct or default of the solicitor, any'^costs properly incurred have nevertheless proved fruitless to the Euks.'j 12 person incurring the same, the Court or Judge may call on the solicitor of the person by whom such costs have been so incurred to show cause why such costs should not be disallowed as between the solicitor and his cHent, and also (if the circumstances of the case shall require) whv the solicitor should not repay to his client any costs which the client may have been ordered to pay to any other person, and thereupon may make such order as the justice of the case may require. The Court or Judge may, if they or he think fit, refer the matter to a taxing officer for inquiry and report ; and direct the solicitor in the first place to show cause before such taxing officer, and may also, if they or he think fit, direct or authorise the Official Solicitor of the Supreme Court to attend and take part in such inquiry. Such notice (if any) of the proceedings or order shall be given to the client in such manner as the Court or Judge may direct. Anv costs of the Official Solicitor shall be paid by such parties, or out of 'such funds as the Court or a Judge may direct ; or, if not other- wise paid, may be paid out of such moneys (if any) as may be provided by Parliament. EuJ.E 12. In actions founded on contract, in which the plaintiff recovers, by judgment, or otherwise, a sum (exclusive of costs) not exceeding £50, he shall be entitled to no more costs than he would have been entitled to, had he brought his action in a County Court, unless the Court or a Judge otherwise orders. In the corresi^onding provision in the Coi;nty Court Act, 1888, s. 116, the words are " less than £50." The County Court Act docs not nullify this Kule ; the plaintiff must therefore recover more than £50 to entitle him to High Court costs: MUlinqton v. Harwood, (1892) 2 Q. B. 166. This Rule does not apply to actions in which the County_ Court has no jurisdiction, such as actions for breach of promise of marriage : Saywood V. Cross, 14 Q. B. D. 53. EuLE 13. Where the Court or a Judge appoints one of the solicitors to be guardian ad liiem of an infant or person of unsound mind, the Court or Judge may direct that tlie costs to be incurred in the per- formance of the duties of such office shall be borne and paid either by the parties or some one or more of the parties to the cause or matter in which such appointment is made, or out of any fund in Court in which such infant or person of unsound mind may be interested, and may give directions for the repayment or allowance of such costs as the justice and circumstances of the case may recpiire. Rule 14. A set-off for damages or costs lietween parties may be allowed notwithstanding the solicitor's lien for costs in the particular cause or matter in which the set-off is sought. Rule 14a. The costs occasioned by any unsuccessful claim or unsuccessful resistance to any claim to any property shall not be paid out of the estate unless the Judge shall otherwise direct. Rule 14b. The costs of inquiries to ascertain the person entitled to any legacy, money, or share, or otherwise incurred in relation thereto, shall ])e paid out of such legacy, money, or share, unless the Judge shall otherwise direct. Rule 14c. Where some of the persons entitled to a distributive share of a fund are ascertained, and difficulty or delay has occurred or IS likely to occur in ascertaining t]\e persons entitled to the other shares, the Court or a Judge may order or allow immediate payment Rules.'] 13 of their shares to the persons ascertained without reserving any part of those shares to answer the subsequent costs of ascertaining the persons entitled to the other shares ; and in all such cases such order may be made for ascertaining and payment of the costs incui'red down to and including such payment as the Court or Judge shall think reasonable. Rule 15. Costs may be taxed on an award, notwithstanding the time for setting aside the award has not elapsed. Rule 1G. One day's notice of taxing costs, together with a copy of the bill of costs and affidavit of increase (if any), shall be given by the solicitor of the party whose costs are to be taxed to the other party or his solicitor, in all cases where a notice to tax is necessary. Rule 17. Notice of taxing costs shall not be necessary in any case where the defendant has not appeared in person, or by his solicitor or guardian. Rule 18. Every reference for the taxation of costs in the Chancery Division shall be made to the Taxing Master in rotation, or in such manner or order as the Lord Chancellor may from time to time direct : Provided that in any case where there_ shall have been any foriner taxation in the same cause or matter, or in any summons under Order 55, Rules 3 or -4, relating to the same estate or trust, the reference shall be to the Taxing Master before whom such former taxation took place. Rule 19. The Taxing Masters shall be respectively assistant to each other, and in the discharge of their duties ; and, for the ])etter despatch of the business of their respective offices, any Taxing Master may tax or assist in the taxation of a bill of costs which has been referred to any other Taxing Master for taxation, and for ascertaining what is due in respect of such costs, and in such case shall certify accordingly. Rule 19a. The following warrants in the office of the Taxing Masters of the Chancery Division shall be abolished :— Warrant on leaving, warrant to bring in, and warrant to tax. Rule 19b. The proper officer, by whom any order directing a taxation of costs shall be drawn up, shall certify upon the order the date on which it was signed, entered, or otherwise perfected. Rule 19c. The solicitor having the carriage of the order shall leave at the office of the proper taxing officer within seven days (or such further time as the taxing officer may allow for reasons to be certified by him), after the order was signed, entered, or otherwise perfected, a copy of it, and (annexed to such copy) a statement containing the names and addresses of the parties appearing in person, and of the solicitors of the parties not appearing in person, and in case of default no costs of drawing and copying the bill, nor of attending the taxation, shall be allowed to the solicitor so failing. Rule 19d. On the copy of the order being left with the taxing officer, he shall forthwith send by post to the parties appearing m person, and to the solicitors of the parties not appearing in person, a notice fixing a date before which the bills, the taxation whereof is directed by the order, shall (with all necessary papers and vouchers) be left for taxation, and a subsequent date on which the taxation shall be proceeded with. Rule 19e. The taxation shall if possible be continued without I^ulcs.^ 14 inteiTuption till completed, but if adjourned for any reason notice of the adjournment shall be sent by the Taxing Master by post to any solicitor not present at the time of the adjournment, whose attendance he may desire at the next appointment. liULE 196. Any solicitor who shall fail to leave his bill of costs (with the necessary papers and voucliers) within the time or extended time fixed by thcTaxin^,^ ]\Iaster ibrthat purpose, or who shall in any way delay or impede the taxation shall, unless the Taxing Master otherwise directs, forfeit the fees to which he would otherwise be entitled for drawing his bill of costs and for attending the taxation, and the Taxing Master may also, if he shall think fit, exercise all or any of the powers vested in him by Regulations (28 and 55) of this Order. Rule 19h. In every bill of costs the professional charges shall be entered in a separate column from the disbursements, and every column shall be cast before the bill is left for taxation. Rule 20. Where, upon the taxation of any bill of costs in the Chancery Division, it appears to the Taxing Master that for the purpose of duly taxing the same it is necessary to inspect any books, papers or documents, relating to the cause or matter in the Chambers of any Judge, the Taxing Master shall be at liberty to request the Chief Clerk of such Judge to cause the same to be transmitted to the office of the Taxing Master, and also to request such Chief Clerk to certify any proceedings in the said Chambers which may be comprised in the bill of costs under taxation, and in such cases the Chief Clerk, Avhen and so soon, and at and for such times, as the due transaction of the business at the said Chambers will permit, shall direct such books, papers, and documents to be transmitted to the office of the Taxing Master for his use during the taxation, and shall certify the proceedings which have taken place in the said Chambers according to the request of the Taxing Master ; and after the costs in respect of which such request of the Taxing Master was made shall have been certified, the Taxing Master shall cause the same books, papers, and dccuments, which have been so transmitted to his office, if then remaining there, to be returned to the Chambers of the Judge. Rule 21. When any book, paper, or document shall be trans- mitted from the Chambers of a Judge to the office of a Taxing Master, a memorandum of such transmission shall be made and signed by the Taxing Master, or the clerk of the Taxing Master, at whose request such book, paper, or document, may be transmitted, and shall be delivered to the Chief Clerk of such Judge ; and when any such book, paper, or document, shall be returned from the office of the Taxing Master to the Judge's Chambers, a memorandum of such return'shall be made and signed l)y such Chief Clerk, or by one of his clerks, and shall be delivered to the Taxing Master. Rule 22. Where in pursuance of any direction by the Court or a Judge in Chambers drafts are settled by any of the Conveyancing Counsel of the Court, the expense of procuring such drafts to be previously or subsequently settled by other counsel, on behalf of the same parties on whose behalf such drafts are settled by the Convey- ancing Counsel of the Court, shall not be allowed on taxation as between party and party, or as between solicitor and client, unless the Court or a Judge shaU otherwise direct. Rule 23. Upon interlocutory applications where the Court or a RuUs.'] 15 Judge shall think fit to award costs to any party, the Court or Judge may by the order direct payment of a sum in gross in lieu of taxed costs, and direct by and to whom such sum iu gross shall be paid. RuLP] 24. The fees payable on proceedings before a Judge in Chambers under the Charitable Trusts Act, 1853, s. 28, shall be the same as the fees payable according to the Eules relating to costs in respect of other proceedings commencing by summons, and shall also in all other respects be regulated by these Rules. Rule 25. Where the Judge directs that any matter commenced by summons under the Act in the last preceding Rule mentioned shall be heard in open Court, the same fees shall be payable and the same costs shall be allowed as would have been payable in respect of any other matter so heard. Rule 26. The fees and allowances to solicitors on proceedings under the Act 22 & 23 Vict. c. 35, s. 30, shall be the same as are payable under these Rules and by the practice of the Court for business of a similar nature. Special Allowances and General Regulations. Rule 27. The following special allowances and general regulations shall apply to all proceedings and all taxations in the Supreme Court of Judicature. 1. As to writs of summons requiring special indorsement, and as to special cases, pleadings, and affidavits in answer to interroga- tories, and other special affidavits, and admissions under Order 32, Rule 4, the taxing officer may, in lieu of the allowances for instruc- tions and preparing or drawing, and attendances, make such allowance for work, labour, and expenses in or about the preparation of such documents as in his discretion he may think proper. 2. As to drawing any pleading or other document, the fees allowed shall include any copy made for the use of the solicitor, agent, or client, or for counsel to settle. 3. As to instructions to sue or defend, or the preparation of briefs, if the taxing officer shall on special grounds consider the fee in either scale provided inadequate, he may make such further allowance as he shall in his discretion consider reasonable. 4. As to affidavits, when there are several deponents to be sworn, or it is necessary for the purpose of an affidavit being sworn to go to a distance, or to employ an agent, such reasonable allowance may be made as the taxing officer in his discretion may think fit. 5. The allowances for instructions and drawing an affidavit in answer to interrogatories and other special affidavits, and attending the deponent to be sworn, include all attendances on the deponent to settle and read over. 6. As to delivery of pleadings, services, and notices, the fees are not to be allowed when the same solicitor is for both parties, unless it be necessary for the purpose of making an affidavit of service. _ 7. As to perusals the fees are not to apply where the same solicitor is for both parties. 8. Where the same solicitor is employed for two or more defendants, and separate pleadings are delivered or other pro- ceedings had by or for two or more such defendants separately, the Eules.] 10 taxing officer shall consider in the taxation of such solicitor's bill of costs, either between party and party or between solicitor and client, whether such separate pleadings or other proceedings were necessary or proper, and if he is of opinion that any part of the costs occasioned thereby has been unnecessarily or improperly incurred, the same shall be disallowed. This applies to two or more defendants in the same action. Where the same solicitor was employed by different plaintifis in two actions the solicitor was held entitled to charge for drawing a brief, as if two different solicitors had been employed, though the facts in each case were materially the same : Mucklow v. Wlutehcad, Opi^enshaw v. Whitehead, 23 L. J. Ex. 97—9 ; Ex. 384. 9. As to evidence, such just and reasonable charges and expenses as appear to have been properly incurred in procuring evidence, and the attendance of witnesses, are to be allowed. 10. As to agency correspondence, in country agency causes and matters, if it be shown to the satisfaction of the taxing officer that such correspondence has been special and extensive, he is to be at liberty to make such special allowance in respect thereof as in his discretion he may think proper. 11. As to the attendance of solicitors upon the Registrars in the Chancery Division for the purpose of settling the terms of and passing judgments or orders, the taxing officer may, in such cases as are provided for by Order (;2, Eule 15, make such special allowances in respect thereof as he shall consider reasonable. 12. As to attendances at the Judges' Chambers, where, from the length of the attendance, or from the difficulty of the case, the Judge or Master shall think the highest of the fees an insufficient remunera- tion for the services performed, or where the preparation of the case or matter to lay it before the Judge or Master in Chambers, or on a summ'.>ns, shall have required skill and labour for which no fee has been allowed, the Judge or Master may allow such fee, in lieu of the fee of £1 Is. provided, not exceeding £2 2s., or Avhere the higher scale is applicable £3 8s., or in proceedings to wind up a company £5 5s., as in his discretion he may think fit ; and where the preparation of the case or matter to lay it before a Judge at Chambers on a summons shall have required and received from the solicitor such extraordinary skill and labour as materially to conduce to the satisfactory and speedy disposal of the business, and therefore shall appear to the Judge to deserve higher remuneration than the ordinary fees, the Judge may allow to the solicitor, by a memorandum in writing expressly made for that purpose and signed by the Judge, specifying distinctly the grounds of such allowance, such fee, not exceeding 10 guineas, as in his discretion he may think fit, instead of the fees of £2 2s., £8 3s., and £5 5s. 13. As to attendances at the Judges' Chambers, where, by reason of the non-attendance of any party (unless it be considered expedient to proceed ex parte), or where by reason of the neglect of any party in not being prepared with any proper evidence, account, or other proceeding, the attendance is adjourned without any useful progress being made, the Judge may order such an amount of costs (if any) as he shall think reasonable to be paid to the party attending by the party so absent or neglectful, or by his solicitor personally ; and the party so absent or neglectful is not to be allowed any fee as against Rules.'] 17 any other party, or any estate or fund in which any other party is interested. 14. A foHo is to comprise 72 words, every figure comprised in a column, or authorised to be used, beinj2: counted as one word. 15. Such costs of procuring the advice of counsel on the pleadings, evidence, and proceedings in any cause or matter as the taxing officer shall in his discretion think just and reasonable, and of procuring counsel to settle such pleadings and special affidavits as the taxing officer shall in his discretion think proper to be settled by counsel, are to be allowed ; but as to affidavits a separate fee is not to be allowed for each affidavit, but one fee for all the affidavits proper to be so settled, which are or ought to be filed at the same time. 16. As to counsel attending at Judges' Chambers, no costs thereof shall in any case be allowed, unless the Judge certifies it to be a proper case for counsel to attend. This certificate is necessary, though the taxation be between a solicitor and his client : Re Chapman, 10 Q. B. D. 5i. 17. As to inspection of documents under Order 31, Rule 15, no allowance is to be made for any notice or inspection, unless it is shown to the satisfaction of the taxing officer that there were good and sufficient reasons for giving such notice and making such inspection. 18. As to taking copies of documents in possession of another party, or extracts thereJ'rom, under Rules of Court or any special order, the party entitled to take the copy or extract is to pay the solicitor of the party producing the document for such copy or extract as he may, by writing, require, at the rate of 4:d. per folio ; and if the solicitor of the party producing the document refuses or neglects to supply the same, the solicitor requiring the copy or extract is to be at liberty to make it, and the sohcitor for the party producing is not to be entitled to any fee in respect thereof. Held by the Court of Appeal that a solicitor was not entitled to charge 4(Z. per folio for three copies made at once by a type-writing machine : Re Morse, 65 L. T. 552. 19. Where any petition in a cause or matter assigned to the Chancery Division is served, and notice is given to the party served that in case of his appearance in Court his costs will be objected to, and accompanied by a tender of costs for perusing the same, the amount to be tendered shall be £1 10s. The party making such payment shall be allowed the same in his costs, provided such service was propel', but not otherwise ; but this order is without prejudice to the rights of either party to costs, or to object to costs where no such tender is made, or where the Court or Judge shall consider the party entitled, notwithstanding such notice or tender, to appear in Court. In any other case in which a solicitor of a pai'ty served necessarily or properly peruses any such petition, without appearing thereon, he is to be allowed a fee not exceeding the amount aforesaid. 20. The Court or Judge may, at the hearing of any cause or matter, or upon any application or proceeding in any cause or matter in Court or at Chambers, and whether tlie same is objected to or not, direct the costs of any indorsement on a writ of summons, pleading, summons, affidavit, evidence, notice requiring a statement of claim, notice to produce, admit, or cross-examine witnesses, account, state- J.C. c Ruhs.l 18 ment, procuring discovery by interrogatories or order, applications for time, bills of costs, service of notice of motion or summons, or other proceeding, or any part thereof, which is improper, vexatious, unnecessary, or contains vexatious or unnecessary matter, or is of unnecessary length, or caused by misconduct or negligence, to be disallowed, or may direct the taxing officer to look into the same and to disallow the costs thereof, or of such part thereof as he shall find to be improper, unnecessary, vexatious, or to contain unnecessary matter, or to he of unnecessary length, or caused by misconduct or negligence ; and in such case the party whose costs are so disallowed shall pay the costs occasioned thereby to the other parties ; and in any case where such question shall not have been raised before and dealt with by the Court or Judge, it shall be the duty of the taxing officer to look into the same (and, as to evidence, althou»-h the same may be entered as read in any decree or order) for the purpose afore- said, and thereupon the same consequences shall ensue as if he had been specially directed to do so : and in the Queen's Bench Division the ]\Iaster shall make such order as may be required to effect the object of this rule. 21. In any case in which, under the last preceding regulation, or any other Eule of Court, or by the order or direction of a Court or Judge, or otherwise, a party entitled to receive costs is liable to pay costs to any other party, the taxing officer may tax the costs such party is so liable to pay, and may adjust the same by way of deduction or set off, or may, if he shall think fit, delay the allowance of the costs such party is entitled to receive until he has paid or tendered the costs he is liable to pay. ; or such officer may allow or certify the costs to be paid, and direct payment thereof, and the same may be recovered by the party entitled thereto in the same manner as costs ordered to be paid may be recovered. 22. ^Yhere in the Chancery Division any question as to any costs is under Regulation 20 dealt with at Chambers, the Chief Clerk is to make a note thereof, and state the same on his allowance of the fees for attendances at Chambers, or otherwise as may be convenient for the information of the taxing officer. 23. Where any party appears upon any application or proceeding in Court or at Chambers, in which he is not interested, or upon which, according to the practice of the Court, he ought not to attend, he is not to be allovv^ed any costs of such appearance unless the Court or Judge shall expressly direct such costs to be allowed. 24. The costs of applications to extend the time for taking any proceedings shall be in the discretion of the taxing officer, unless the Court or Judge shall have specially directed how the costs are to be paid or borne. The taxing ofiicer shall not allow the costs of more than one extension of time, unless he is satisfied that such extension was necessary, and could not, with due diligence, have been avoided. The costs of a summons to extend time shall not be allowed in cases to which Rule 8 of Order (U applies, unless the party taking out such summons has previously applied to the opposite party to consent, and he has not given a consent, to a sufficient extension of time, or the taxing officer shall consider there was a good reason for not making such application ; and in case the taxing officer shall not allow the costs of such sunnnons, and shall consider that the party applying ought to pay the costs of any other party occasioned Rules.'] 19 thereby, he may direct such payment, or deal with such costs, in the manner provided by Regulation 21. 25. The taxing officers of the Supreme Court, or of any Division thereof, shall, for the purpose of any proceeding before them, have power and authority to administer oaths, and shall, in relation to the taxation of costs, perform all such duties as have heretofore been or are by general orders directed to be performed by any of the Masters, Taxing Masters, Registrars, or other officers of any of the Courts whose jurisdiction is by the Principal Act transferred to the High Court of Justice or Court of Appeal, and shall, in respect thereof, have such powers and authorities as previous to the commencement of the Principal Act were, or by general orders are, vested in any of such officers, including examining witnesses, directing production of books, papers, and documents, making separate certificates or allocaturs, requiring auy party to be represented by a separate solicitor, and to direct and adopt all such other proceedings as could be directed and adopted by any such officer on references for the taxation of costs, and taking accounts of what is due in respect of such costs, and such other accounts connected therewith as may be directed by the Court or a Judge. 20. AVhere an account consists in part of any bill of costs, the Court or Judge may direct the taxing officer to assist in settling such costs, not being the ordinary costs of passing the account of a receiver, and the taxing officer, on receiving such direction, shall proceed to tax such costs, and shall have the same powers, and the same fees shall be payable in respect thereof, as if the same had been referred to the taxing officer by an order ; and he shall return the same, with his opinion thereon, to the Court or Judge by whose direction the same were taxed. 27. The taxing officer shall have authority to arrange and direct what parties are to attend before him on the taxation of costs to be borne by a fund or estate, and to disallow the costs of any party w'hose attendance such officer shall in his discretion consider unnecessary, 28. When any party entitled to costs refuses or neglects to bring in his costs for taxation, or to procure the same to be taxed, and thereby prejudices any other party, the taxing officer shall be at liberty to certify the costs of the other parties, and certify such refusal or neglect, or may allow such party refusing or neglecting a nominal or other sum for such costs, so as to prevent any other party being prejudiced by such refusal or neglect. 21). As to costs to be paid or borne by another party, no costs are to be allowed which do not appear to the taxing officer to have been necessary or proper for the attainment of justice or defending the rights of the party, or which appear to the taxing officer to have been incurred through over-caution, negligence, or mistake, or merely at the desire of the party. The costs a successful litigant is entitled to, on a judgment or verdict, are taxed as between party and party, and to such costs this rule more particu- larly applies. On a compromise of an action a defendant frequently agrees to pay costs as between solicitor and client, in which case the plaintiff is allowed, on taxation, such further costs as the defendant has notice of, or he may reasonably infer have been incurred ; e.g., in the above case of a compromised action, where the defendant has agreed to i^ay costs as between solicitor and •client, in which three counsel have been briefed by the plaintiff, with the «» Rules.} 20 defendant's knowledge, the three would be allowed, though only two would have been allowed between party and party ; or the defendant may have agreed to pay the plaintiff's costs as between the solicitor and his client, so that the client should have no bill of costs to pay his solicitor with respect to the action, in which case the taxation would be as though it were a taxation between a solicitor and his client. 30. As to any work and labour properly performed and not herein provided for, and in respect of which fees have heretofore been allowed, the same or similar fees are to be allowed for such work and labour as have hci-ctofore been allowed. {See Note to Appendix N, p. 24.). 31. Where the plaintiff is directed to pay to the defendant the costs of the cause, the costs occasioned to a defendant by any amendment of the plaintiff's pleadings shall be deemed to be part of such defendant's costs in the cause (except as to any amendment which shall appear to have been rendered necessary by the default of ^uch defendant) ; but there shall be deducted from such costs any sum which may have been paid by the plaintiff according to the course of the Court at the time of any amendment. 32. Where upon taxation a plaintiff who has obtained a judgment with costs is not allowed the costs of any amendment of his pleadings on the ground of the same having been unnecessary, the defendant's costs occasioned by such amendment shall be taxed, and the amount thereof deducted from the costs to ))e paid by the defendant to the plaintiff. 33. Where an action or petition is dismissed with costs, or a motion is refused with costs, or any costs are by any general or special order directed to be paid, the taxing officer may tax such costs without any order referring the same for taxation, unless the Court or a Judge upon the application of the party alleging himself to be aggrieved prohibits the taxation of such costs. 34. Where it is directed that costs shall be taxed in case the parties differ about the same, the party claiming the costs shall bring the bill of costs into the office of the proper taxing officer, and give notice of his having so done to the other party, and at any time within eight days after such notice such other party shall have liberty to inspect the same without fee, if he thinks fit. And at or before the expiration of the eight days, or such further time as the taxing officer shall in his discretion allow, such other party shall either agree to pay the costs or signify his dissent therefrom, and shall thereupon be at liberty to tender a sum of money for the costs ; but where he makes no such tender, or where the party claiming the costs refuses to accept the sum so tendered, the taxing officer shall proceed to tax the costs ; and where the taxed costs shall not exceed the sum tendered, the costs of the taxation shall be borne by the party claiming the costs. 35. Where any costs are by any judgment or order directed tobe taxed and to be paid out of any money or fund in Court, the taxing officer in his certificate of taxation shall state the total amount of all such costs as taxed without any direction fur that purpose in such judgment or order. 36. The allowances in respect of fees to the Conveyancing Counsel of the Court, and to any accountants, merchants, engineers, actuaries, and other scientific persons to whom any question is referred, shall Rubs.;\ 21 be regulated by the taxing officers, subject to appeal to the Court or Judge, whose decision shall be final. 37. The rules, orders, and practice of any Court whose jurisdiction is transferred to the High Court of Justice or Court of Appeal, relating to costs, and the allowance of the fees of solicitors and attorneys, and the taxation of costs, existing prior to the commence- ment of the Principal Act, shall, in so far as they are not inconsistent with the Principal Act and these Eules, remain in force and be applicable to costs of the same or analogous proceedings, and to the allowance of the fees of solicitors of the Supreme Court and the taxation of costs in the High Court of Justice and Court of Appeal. The old rules of the Court of Chancerj', where unaltered by these Rules, are still in force, and are acted on by the Taxing Masters in the Chancery Division : See Pringlc v. Gloag, 10 C. D. 676. 38. As to all fees or allowances which are discretionary, the same are, unless otherwise provided, to be allowed at the discretion of the taxing officer, who, in the exercise of such discretion, is to take into- consideratiou the other fees and allowances to the solicitor and counsel, if any, in respect of the work to which any such allowance applies, the nature and importance of the cause or matter, the amount involved, the interest of the parties, the fand or persons to bear the costs, the general conduct and costs of the proceedings, and all other circumstances : and where a party is entitled to sign judgment for his costs, the taxing officer, in taxing the costs, may allow a fixed sum for the costs of the judgment. 38a. If in any case in which a taxation is directed with a view to the payment of the costs out of a fund or estate (real or personal), or out of the assets of a company in liquidation, the costs shall have been increased by unnecessary delay, or by improper, vexatious, or unnecessary proceedings, or by other misconduct or negligence, or if from any other cause the amount of the costs shall be excessive, having regard to the value of the fund, estate, or assets to which they relate, or other circumstances, the taxing otficer shall allow only such an amount of costs as would have been incurred if the litigation had been properly conducted, and shall assess the same at a gioss sum, and shall (if necessary) apportion the amount among the parties. The provisions as to the review of taxations shall apply to allowances and certificates under this Rule. 38b. If on the taxation of a bill of costs payable out of a fund or estate (real or personal), or out of the assets of a company in liquida- tion, the amount of the professional cliarges contained in the bill is reduced by a sixth part, no costs shall be allowed to the solicitor leaving the bill for taxation for drawing and copying it, nor for attending the taxation. 39. Any party who may be dissatisfied with the allowance _ or disallowance by the taxing officer, in any bill of costs taxed by him, of the whole or any part of any item or items, may, at any time before the certificate or allocatur is signed, deliver to the other party interested therein, and carry in before the taxing officer, an objection in writing to such allowance or disallowance, specifying therein by a fist, in a short and concise form, the item or items, or parts. or part thereof, objected to, and the grounds and reasons for such objections, 90 Rules.'] and may thereupon apply to the taxing officer to review the taxation in respect of the same. 40. Upon such apphcation the taxing- ofiicer shall reconsider and review his taxation upon such oV)jections, and he may, if he shall think fit, receive further evidence in respect thereof, and, if so required by either party, he shall state either in his certificate of taxation or allocatur, or" by reference to such objection, the grounds and reasons of his decision thereon, and any special facts or circum- stances relating thereto. 41. Any party who may be dissatisfied with the certificate or allocatur of the taxing officer, as to any item or part of an item which may have been objected to as aforesaid, may within 14 days from the date of the certificate or allocatur, or such other time as the Court or Judge, or taxing officer, at the time he signs his certificate or allocatur, may allow, apply to the Judge at Chambers for an order to review the taxation as to the same item or part of an item, and the Judge may thereupon make such order as the Judge may think just ; but the certificate or allocatur of the taxing officer shall be final and jonclusive as to all matters which shall not have been objected to in manner aforesaid. 42. Such application shall be heard and determined by the Judge upon the evidence which shall have been brought in before the taxing officer, and no further evidence shall be received upon the hearing thereof, unless the Judge shall otherwise direct. 43. When a writ of summons for the commencement of an action shall be issued from a District Registry, and when an action proceeds in a District Registry, all fees and allowances, and rules and directions relating to costs, which would be applicable to such proceeding if the writ of summons were issued at the Central Office, and if the action proceeded in London, shall apply to such writ of summons issued from and other proceedings in the District Registry. 44. No retaining fee to counsel shall be allowed on taxation as between party and party. 45. Fees for conferences are not to be allowed in any cause or matter in addition to the solicitor's and counsel's fees for drawing and settling, or perusing any pleadings, affidavits, deeds, or other proceedings or abstracts of title, or for advising thereon, unless it shall appear to the taxing officer for some special reason that a conference was necessary or proper. 46. In any case in which under Rule 12 of this Order the scale of costs in County Courts is applicable, the costs of briefing more than one counsel shall not be allowed, unless the taxing officer shall, for special reasons, be of opinion that briefing more than one counsel was proper. 47. Where the costs of retaining two counsel may properly be allowed, such allowance may be made although both such counsel may have been selected from the outer bar. 48. As to refresher fees, when any cause or matter is to be tried or heard upon viva voce evidence in open Court, if the trial shall extend over more than one day, and shall occupy either on the first day only, or partly on the first and partly on a subsequent day or days, more than five hours, without being concluded, the taxing oft'cer may allow, for every clear day subsequent to that on which the five hours shall have expired, the following fees : — Rules.^ 23 To the leading counsel . . . from 5 to 10 guineas. To the second, if three counsel . ,. 3 to 7 ,, To the third, if three counsel, or the second, if only two . , „ 3 to 5 „ The like allowances may be made where the evidence in chief is not taken viva voce, if the trial on hearing shall be substantially prolonged beyond such period of five hours, to be so computed as aforesaid, by the cross-examination of witnesses whose affidavits or depositions have been used, provided that in the taxation of costs between sohcitor and chent the taxing officer shall be at liberty to allow larger i'ees, under special circumstances to be stated by him. This rule only ax^plies to daily refreshers on trials. If the hearing of a case in the Court of Appeal or Divisional Court extend over more than one day the Master may allow a refresher fee by way of increase to the brief fee where such fee in his opinion is insufficient : Easton v. London Joint Stock Bank, 38 C. D. 25. As to the meaning of the words " more than five hours," see O'Haray. Elliott, (1893) 1 Q. B. 362, in which case it was held that five hours formed a first day's work, and that a refresher fee might be allowed for a second day although the five hours expired on the second day. The time of the mid-day adjournment held to be part of the five hours : Collins v. Worley, 60 L. T. 748. 49. Where a cause or matter shall not be brought on for trial or hearing, the costs of and consequent on the preparation and delivery of briefs shall not be allowed if the taxiug officer shall be of opinion that such costs were prematurely incurred. 50. Where a cause or matter which stands for trial is called on to be tried, but caimot be decided by reason of a want of parties or other defect on part of the plaintiff, and is therefore struck out of the paper, and the same cause is again set down, the defendant shall be allowed the taxed costs occasioned by the first setting down, although he does not obtain the costs of the cause or matter. 51. The following fees are to be allowed to counsels' clerks : — £ s. d. Upon a fee under 5 guineas . . . .-26 5 guineas and under 10 guineas . . . - 5 - 10 guineas and under 20 guineas . . . - 10 - 20 guineas and under 30 guineas . . . - 15 - 30 guineas and under 50 guineas . . , 1 - - 50 guineas and upwards per cent. . . 2 10 - On consultations, senior's clerk . . . - 5 - On consultations, junior's clerk . . .-26 On conferences . . . . . . - 5 - On retainers {where allowed) : General retainer - 10 6 Common retainer . . . . . .-26 52. Xo fee to counsel shall be allowed on taxation unless vouched by his signature. 53. In cases in which an original affidavit can be used, and to which Order 38, Rule 15. applies, it shall not be necessary to take an office copy. 54. It shall not be necessary to take an office copy of an affidavit of discovery of documents, and the copy delivered by the party filing it may be used as against such party, 55. Where, in proceedings before the taxing officer, any party is guilty of neglect or delay, or puts any other party to any unnecessary or improper expense relative to such proceedings, the taxing officer may direct such party or his solicitor to pay such costs as he may think proper, or deal with them under Regulation 21, 5(). Where in any cause or matter any bill of costs is directed to be taxed for the purpose of being paid or raised out of any fund or property, the taxing officer may, if he shall consider there is a reasonable ground for so doing, reipiire the solicitor to deliver or send to his clients, or any of them, free of charge, a copy of such bill, or any part thereof, previously to such officer completing the taxation thereof, accompanied by any statement such officer may direct, and by a letter informing such client that the bill of costs has been referred to the taxing officer, giving his name and address for taxation, and will be proceeded with at the time the officer shall have appointed for this purpose, and such officer may suspend the taxation for such time as he may consider reasonable. 57. The taxing officer shall have power to limit or extend the time for any proceeding before him, and where, by any general order, or any order of the Court or a Judge, a time is appointed for any proceeding before or by a taxing officer, unless the Court or Judge shall otherwise direct, such officer shall have power from time to time to extend the time appointed upon such terms (if any) as the justice of the case may require, and although the application for the same is not made until after the expiration of the time appointed, it shall not be necessary to make a certificate or order for this purpose, unless required for any special purpose. 58. Every bill of costs wliich shall be left for taxation shall be indorsed with the name and address of the solicitor by whom it is so left, and also the name and address of the solicitor, if any, for whom he is agent, including any solicitor wdio is entitled or intended to participate in the costs to be so taxed. II. APPENDIX K COSTS. Lower Scale. Higher Scale. Writs, Sujdionses, and Warrants. £ s. d. £ s. d. 1. Writ of summons for the commencement of any action ...... 2. And for indorsement of claim, if special 3. Concurrent writ of summons 4. Renewal of a WTit of summons . 5. Notice of a writ for service in lieu of vwrit out of jurisdiction .... 6. Writ of inquiry 7. Writ of mandamus Note. — Appendix N is not an exhaustive list of the charges solicitors are entitled to make in the course of an action : see Order 65, Rule 27 (30), " that for any work and labour properly performed and not herein provided for and in respect of which fees have been heretofore allowed, similar fees are to be allowed as have heretofore been allowed." 6 8 - 13 4 5 - - - 6 8 - 6 8 G 8 - 6 8 4 _ - 5 _ 1 - 1 1 - 10 - 1 1 - 10 - 6 8 - 6 4 - - 7 - - 10 Ajjpmdix N.'] 25 Lower Scale. Higher Scale. & S. d. £ S. d. 8. Or per folio -14-14 9. Writ of subpoena ad testificandum or duces tecum . . . . . - G 8 - G 8 10. And if more than 4 folios, for each folio beyond 4. . . . • .-14-14 11. Writ or writs of subpoena ad testifi- candum for any number of persons not exceeding 3, and the same for every additional number not exceeding 3 .-68 - 6 8 12. Writ of distringas, pursuant to statute 5 Vict. c. 5 - 13 4 - 13 4 13. Writ of execution, or other writ to en- force any judgment or order . 14. And if more than 4 folios, for each folio beyond 4 .-14-14 15. Procuring a writ of execution or notice to the sheriif, marked with a seal of renewal ...... 16. Notice thereof to serve on sheriff 17. Any writ not included in the above 18. These fees include all indorsements and copies, or precipes, for the officer sealing them, and attendances to issue or seal, except where otherwise pro- vided, but not the Court fees. 19. Summonses to attend at Judges' Chambers - 3 - - G 8 20. Or if special, at taxing officer's discretion, not exceeding - 13 4 1 1 21. Copy for the Judge, when required . 22. Or per folio 23. Originating summons * for proceedings in Chambers in the Chancery Division at taxing officer's discretion, not ex- ceeding . . . . . ,11-11- 24. And attending to get same and duplicate sealed, and at the proper office to file duplicate and get copies for service stamped - 13 4 - 1 25. Copy for the Judge .... 26. Or per folio 27. Indorsing same and copies under Order 55, Rule 22 _G8-68 Services al^d Notices. •2 - - 2 - - 4 :> - - 2 - - 4 28. Service, or filing in lieu of service, of any writ, summons, warrant, interroga- tories, petition, order, or notice on a party who has not entered an appear- * Originating Summonses are now issued in the Queen's Bench and Probate Divisions: see Order 54, Rule 4 (6). Appendix iV.] 26 Lower Scale. Higher Scale £ s. d. £ s. d. ancc, and if not authorised to be served by post . . . . ,-;")-- 5 - 20. If served at a distance of more than 2 miles from the nearest place of busi- ness, or office of the solicitor serving the same, for each mile beyond such 2 miles therefrom . . . . . - 1 - - 1 - 30, Where, in consequence of the distance of the party to be served, it is proper to elfect such service through an agent (other than the London agent), for correspondence in addition . . . - 7 - - 7 - 81. "Where more than 1 attendance is necessary to effect service, or to ground an application for substituted service, such further allowance may be made as the taxing officer shall think fit. 32. For service out of the jurisdiction such allowance is to be made as the taxing officer shall think fit. 33. Service where an appearance has been entered on the solicitor or party . .-26 - 2 6 34. Or if authorised to be served by post .-10 - 1 6 35. Where any writ, order, and notice, or any 2 of them, have to be served together, 1 fee only for service is to be allowed. In addition to the above fees, the follow- ing allowances are to be made : — 36. As to writs, if exceeding 2 folios, for copy for service, per folio beyond such 2 __4__4 37. As to summons to attend at the Judges' Chambers, for each copy to serve . - 1 - - 2 - 38. Or per folio __4__4 39. As to notices in proceedings to wind up companies, for preparing or filling up each notice to creditors to attend and receive debts, and to contributories to settle list of contributories . . . - 1 - - 1 - 40. And for preparing or filling up each notice to contributories to be served with a general order for a call, or an order for payment of a call . . . - 1 - - 1 - 41. And for drawing notice to be served on contributories or creditors of a meeting, per folio -1--1- 42. For each copy of the last-mentioned notice to serve, per folio . . . - - 4 - - 4 43. For preparing or filling up for service in any other cause or matter, each notice to creditors to prove claims, and each Appendix iV.] 27 notice that cheques may be received, specifying the amount to be received for principal and interest, and costs, if any .....•• 44. For preparing notice to produce on the trial or hearing of an action, or notice to admit ....•• 45. If special or necessarily long, such allowance as the taxing officer shall think proper, not exceeding per folio 4G. And for each copy, such allowance as the taxing officer shall think proper, not exceeding per folio 47. For preparing notice of motion 48. Or per folio 49. Copy for service .... 50. Or per folio 51. For preparing any necessary or proper notice, not otherwise provided for, or any demand, pursuant to Order 7, Rules 1 and 2 . . . . _ • 52. Or if special, and necessarily exceeding 3 folios, for preparing same, for each folio beyond 3 . . . . • 53. And for each copy for service, per folio beyond such 3 54. Copies for service of interrogatories and petitions, and of orders with necessary notices (if any) to accompany, per folio 55. Except as otherwise provided, the allow- ances for services include copies for service. 56. Where notice of filing affidavits is required, only 1 notice is to be allowed for a set of affidavits filed, or which ought to be filed together. 57. In proceedings to wind up a company, the usual charges relating to printing shall be allowed in lieu of copies for service, where the fee for copies would exceed the charges for printing, and amount to more than £3. 58. "Where any appointment is or ought to be adjourned, service of a notice of the adjournment, or next appointment, is not to be allowed. Lower Scale. Higher Scale. £ S. (I. £ S. d. - 1 - 1 - -76 — o — 1 - 5 - 1 - 1 - - 4 -16 - 1 6 - 1 - 4 - Appearances. 59. Entering any appearance 60. If entered at one time, for more than 1 - 6 8 - 6 Appendix iV.] 28 Lower Scale. Higher Scale. £ s. (I. £ s. d. 1 - 1 1 - 6 8 - 13 4 G 8 - 13 4 person, for every defendant beyond the first -1--2- Cl. If a person appearing to a writ of summons to recover land limits his defence by his incmorandnm of appearance, in addition to tlie above .-68 - 6 8 Instructions. 62. To sue or defend - 6 8 - 13 4 63. For statement of claim or special case . - 13 4 2 2- 64. For indorsement of writ of summons when no further statement of claim .-134 11- 65. For originating summons 6s. 8^., or nut to exceed ...... 60. For defence or further defence. 67. For counter claim ..... 68. For reply w^hcn defendant sets up a counter claim . . . . . - 13 4 1 1 - 69. For reply or further reply in any other case with or without joinder of issue .-68 - 13 4 70. For confession of defence. . . .-68 - 13 4 71. For joinder of issue without other matter -68- 13 4 72. For special petition, any other pleading (not being a summons), and interroga- tories for examination of a party or witness. . . . . . .-68-134 72a. For statement of facts, such fee may l)e allowed as the taxing officer shall think fit, having regard to all the circumstances of the case.* 73. To amend any pleading . . . . - 6 8 - 13 4 74. For affidavit in answer to interrogatories, and other special affidavits . . .-68 - 6 8 75. To appeal against order of Court or Judge, and to appear thereon . .-134 11- 76. To add parties by order of Court or Judge . . . . _. . . - 6 8 - 13 4 77. For counsel to advise on evidence when the evidence in chief is to be taken orally -68-68 78. Or not to exceed 11-11- 79. For counsel to make any apphcation to a Court or Judge where no other brief .-68 - 10 - 8(». For brief on motion for special injunc- tion . - 13 4 1 1 - 81. For brief on hearing or trial of action upon notice of trial or notice for judgment given, whether such trial be before a Judge, with or Avithout a * Additions to Appendix N of the Rules of the Supreme Court, 1883, made February 25th, 1895. Appendix iV.] 29 jury, or before an official or special referee, or on trial of an issue of fact before a Judge, commissioner, or referee, or on assessment of damages . 82. For such brief, and for brief on the hearing of an appeal when witnesses are to be examined or cross-examined, SDch fee may be allowed as the taxing officer shall think fit, having regard to all the circumstances of the case, and to other allowances, if any, for attend- ances on witnesses and procuring evidence. 82a, For brief on hearing an originating summons, or hearing of a summons under section 10 of the Companies (Winding up) Act, 1890* . S3. The fees for instruction for brief are to apply to a hearing on further con- sideration in Court only where an order for accounts and inquiries was made without such hearing or trial, as above mentioned. Lowei" Scale. Higher Scale. £ S. d. £ S. d. 1 1 1 1 2 2- . - 10 - 1 1 - 1 - - 1 - 5 - - lu - 1 - 1 - 5 - 1 1 - 1 - - 1 Drawing Pleadings and other Documents. 84. Statement of claim 85. Or per folio . 86. Defence 87. Or per folio . 88. Counter claim 89. Or per folio . 90. Eeply, with or without joinder of issue, confession of defence, joinder of issue without other matter, and any other pleading (not being a petition or summons) and amendments of any pleading ...... 91. Or per folio ...... 92. Particulars, breaches, and objections, when required, and one copy to deliver ...... 93. Or such amount as the taxing officer shall think fit, not exceeding per folio . 94. If more than one copy to be delivered for, each other copy, per folio 95. Special case, whether original or in an action, affidavits in answer to interro- gatories and other special affidavits, 5 - 1 - 5 - - 8 - 4 - 10 - - 1 - -68 - 1 - - - 4 * Additions to Appendix N of the Rules of the Supreme Court, 1883, made February 25th, 1895. 1 - - 1 6 8 - 10 1 - - 1 Appendix .V.] 80 Lower Scale. Higher Scale. £ S. ({. £, s. d. special petitions, and interrogatories, per folio -1__1_ 90. Brief, on trial or hearing of cause, issue of fact, assessment of damages, ex- amination of witnesses, special case and petition before a Court or Judge, slier i If, commissioner, referee, ex- aminer, or officer of the court, when necessary and proper in addition to pleadings, including necessary and proper observations, per folio . 97. Brief on application to add parties 98. Or per folio 99. Brief on further consideration, per sheet of 10 folios . , , . . _ G 8 - 6 8 100. Accounts, statements, and other docu- ments for the Judges' Chambers, when required, not exceeding per folio - - 8 - 1 - 101. Advertisements to be signed by Judges' clerk, including attendance therefor .-08 - 13 4 102. Bills of costs for taxation, including copy for the taxing officer . . . - _ ,s - - 8 Copies. 103. Of pleadings, briefs, and other documents where no other provision is made, at per folio --4__4 104. Where, pursuant to Rules of Court any pleading, special case or petition of right, or evidence is printed, the solicitor of the party printing shall be allowed for a copy for the printer (except when made by the officer of the Court), at per folio . . . - - 4 _ _ 4 105. And for examining the proof print, at per folio __2--2 100. And for printing the amount actually and properly jiaid to the printer, not exceeding per folio . . . . - 1 - - 1 - 107. And in addition for every 20 beyond the first 20 copies, at per folio . . . _ _ j _ _ ^ 108. And where any part shall ])ropeiiy be printed in a foreign language, or as a fac-simile, or in any unusual or special manner, or where any alteration in the document being printed becomes necessary after the first pi oof, such further allowance shall be made as the taxing officer shall think reasonable. 109. These allowances are to include all attendances on the printer. 110. The solicitor for a party entitled to take Appendix N.'\ 81 Lower Scale. Higher Scale. £ S. d. £ S. d. printed copies shall bo allowed, for such number of copies as he shall necessarily or pro])erly take, the amount he shall pay therefor. 111. In addition to the allowances for print- ing and taking printed copies, there shall be allowed for such printed copies as may be necessary or proper for the following, but for no other purposes {videlicet) : 112. Of any pleading for delivery to the opposite party, or filing in default of appearance ..... 113. Of any special case for filing . 114. Of any petition of right for presentation, if presented in print, and for the solicitor of the Treasury, and service on any party ..... 115. Of any pleading, special case, or petition of right, for the use of the Court or Judge ...... IIG. Of any affidavit to be sworn to in print . 117. And of any pleading, special case, petition of right, or evidence for the use of counsel in Court, and in country agency causes w^hen proper to be sent as a close copy for the use of the country solicitor, at per folio . - - 2 - - 3 118. Such additional allowances for printed copies for the Court or Judge, and for counsel, are not to be made where written copies have been made previ- ously to printing, and are not in any case to be made more than once in the progress of the cause .... 119. Close copies, whether printed or written, are not to be allowed as of course, but the allowance is to depend on the propriety of making or sending the copies, which in each case is to be shown and considered by the taxing officer. 120. Inserting amendments in a printed copy of any pleading, special case, or pe- tition of right, when not reprinted . - 1 - - 5 - 121. Or per folio . . . . . - - 4 - - 4 Perusals. 122. Of statement of claim, defence, reply, joinder of issue, and other pleading (not being a petition in a pending cause or matter, or summons otlier than Lower Scale. £ s. d. Higher Scale. £ s. cl. - 6 8 4 - 13 4 - 4 - - G 8 4 8 4 - G 8 - 4 13 4 - 4 - 6 8 4 - 13 4 - 4 - G 8 4 - 13 4 - 4 Appendix iV.] 32 an originating summons) by the solicitor of the party to whom the same are delivered ...... 123. Or per folio 124. Of amendment of any such pleading in writing ...... 125. Or per folio ...... 126. If same reprinted 127. Or per folio of amendment . 128. Of interrogatories to be answered by a party by his solicitor .... 12!). Or per folio 130. Of special case or statement of facts'^' by the solicitor of any party except the one by whom it is prepared 131. Or per folio 132. Of copy order to add parties, notice of defendant's claim against any person not a party to the action under Order 16, Rule 49, and of defendant's defence and counter claim served on a person not a party under Order 21, Rule 13, by the solicitor of the party served therewith, and in these several cases the perusal of the plaintiff's state- ment of claim is also to be allowed unless the solicitor has been previously allowed such perusal . . .-68 - 13 4 133. Or per folio .--4 --4 134. Of notice to produce on trial or hearing of action, and notice to admit by the solicitor of the party served . .-68 - 13 4 135. Or (if to admit facts) under Order 32, Rule 4, per folio . . . . - 1 - - 1 - 136. Of affidavit in answer to interrogatories by the solicitor of the party interro- gating, and of other special affidavits by the solicitor of the party against whom the same can be read, per folio . - - 4 - - 4 Attendances. 137. To obtain consent of next friend to sue in his name or of a guardian ad litem .-68 - 1 3 4 138. To deliver, or file in lieu of delivery, any pleading (not being a petition or summons) and a special case . .-34 - 6 8 139. To inspect, or produce for inspection, documents pursuant to a notice to admit -68- 13 4 * Additions to Appendix N of the Rules of the Supreme Court, 1883, made February 25, 1895. Appendix iV.] 33 Lower Scale. Higher Scale. £ .S. d. £ S. d. 140. Or per hour . . . , . .-G8-G8 141. To examine and sign admissions . .-08 - 13 4 142. To inspect, or produce for ins]iection, documents referred to in any pleading, notice in lieu of pleading, or affidavit, pursuant to notice under Order ;}1, Eule 14 _ G 8 - G 8 143. Or per hour -G8-G8 144. To obtain or give any necessary or proper consent . . . . . - G 8 - G 8 145. To obtain an appointment to examine witnesses . . . . . .-G8-G8 146. On examination of witnesses before any examiner, commissioner, officer, or other person - 13 4 - 13 4 147. Or according to circumstances, not to exceed . . . . • .22-22- 148. Or if without counsel, not to exceed .33- 33- 149. On deponents being sworn, or by a solicitor or his clerk to be sworn, to an affidavit in answer to interrogatories or other special affidavit . . . - G 8 - G 8 150. On a summons at Judges' Chambers . - G 8 - 6 8 151. Or according to circumstances, not to exceed . . . . . .11-11- 152. In the Chancery Division, all allowances for attending at the Judges' Chambers are to be by the Judge or chief clerk as heretofore.* 153. To file chief clerks' and taxing-masters' certificates, and get copy marked as an office copy - G 8 - 6 8 154. On counsel with brief or other papers — 155. If counsel's fee 1 guinea . . . - 3 4 - G 8 156. If more and under 5 guineas . . . - G 8 - 6 8 157. If 5 guineas and under 20 guineas. .-68 - 13 4 158. If 20 guineas - 13 4 1 1 - 159. If 40 guineas or more .... — 22- 160. On consultation or conference with counsel . . . • . . - 13 4 - 13 4 161. To enter or set down action, special case, or appeal, for hearing or trial . .-68 - 6 8 162. In Court on motion of course and on counsel and for order . . . .-10- -134 163. To present petition for order of course and for order - 10 - - 13 4 164. In Court on every special motion, each day - 6 8 - 13 4 165. On same when heard each day . . - 13 4 - 13 4 166. Or according to circumstances, not to exceed . . . • • .22--L- * See Order 65, Rule 27 (11 and 12), p. 16. J.C. Appendix NJ] 34 Lower Scale. Higher Scale. £ S. d. £, S. d. 167. On special case, or special petition, or application adjourned from the Judges' Chambers, when in the special paper for the day, or likely to be heard .-68 - 10 - 168. On same when heard . . . . - 13 4 11- 16!). Or according to circumstances, not to exceed 2 2-22- 17U. On hearing or trial of any cause, or matter, or issue of fact, in London or Middlesex, or the town where the solicitor resides or carries on business, whether before a Judge with or without a jury, or commissioner, or referee, or on asessment of damages, when in the paper . , . . - 10 - - 10 - 171. When heard or tried . . . . - 13 4 1 1 - 172. Or according to circumstances, not to exceed ' 3 3-33- 1 73. When not in London or Middlesex, nor in the town where the solicitor resides or carries on business, for each day (except Sundays) he is necessarily absent 33-33- 174. And expenses (besides actual reasonable travelling expenses) each day, in- cluding Sundays . . . .11-11- 175. Or if the solicitor has to attend on more than one trial or assessment at the same time and place, in each case* .11- 1116 176. The expenses in such case to be rateably divided. 177. To hear judgment when same adjourned 178. Or according to circumstances 179. To deliver papers (when required) for the use of a Judge prior to a hearing 180. If more than one Judge 181. On taxation of a bill of costs . 182. Or according to circumstances, not to exceed 22-22- 183. Unless the same shall necessarily occupy so much time that the taxing officer shall consider such amount inadequate, in which case he may allow such further fee as he shall think proper. 184. In actions and matters for purposes within the cognizance of the Court of Chancery before the Principal Act came into operation, such further fee as the taxing officer may think fit, • This probably means that, having more than one case, the solicitor may charge ,£1 Is. (or £1 lis. 6d. on the higher scale) in addition to the £3 3s. he is entitled to charge where he has only one case, the whole charge of £4 4s. being divided between the two cases, as in the following item 176. 6 8 - 13 4 13 4 1 1 - 6 8 - 6 8 13 4 - 13 4 6 8 - 6 8 Appendix iV.] 35 Lower Scale. Higher Scale. £ S. d. £ S. d. not exceeding the allowances hereto- fore made. 185. To obtain or give an undertaking to appear . . . . . .-68-G8 18G. To present a special petition, and for same answered . . . . . - 8 - G 8 187. On printer to insert advertisement in Gazette . . . . _ . . - G 8 - G 8 188. On printer to insert same in other papers, each printer .... — - G 8 189. Or every two - G 8 — 190. On registrar to certify that a cause set down is settled, or for any reason not to come into the paper for hearing . - G 8 - 6 8 191. For an order drawn up by chief clerk, and to get same entered . . . - G 8 - 6 8 192. On counsel to procure certificate that cause proper to be heard as a short cause, and on registrar to mark same . - G 8 - G 8 193. To mark conveyancing counsel or Taxing Master -G8-68 194. For preparing and drawing up an order made at Chambers in proceedings to wind up a company and attending for same, and to get same entered . .-lo-t -13 4 195. And for engrossing every such order, per folio . . . . . .--4--4 Note. — An order of course means an order made on an ex parte application, and to which a party is entitled as of right on his own statement and at his own risk. 19G. To examine an abstract of title with deeds, per hour, in a cause or matter . - 10 - - 10 - 197. To produce deeds for such purpose, per hour -G8-68 Oaths axd Exhibits. 198. Commissioners to take oaths or affi- davits. For every oath, declaration, affirmation, or attestation upon honour in London or the country . . . - 1 G - 1 G 199. The solicitor for preparing each exhibit in town or country . . . . - 1 - - 1 - 200. The commissioner for marking each exhibit . . . . . .-1--1- Term Fees. 201 . For every term commencing on the day the sittings in London and Middlesex of the Hio-h Court of Justice com- D 2 Court Fees.] 36 Lower Scale. Higher Scale. £ S. d. £ S. d. mence, and terminatin 20o. "Where no proceedin»; in the cause or matter is taken which carries a term fee, a char<2;e for letters may be allowed, if the circumstances require it. 204. In addition to the above, an allowance is to be made for the necessary expense of postages, carriage and transmission of documents. in. ORDERS UXDER THE SUPREME COURT OF JUDICA- TURE ACT, 1875, AS TO COURT FEES AND STAMPS. ORDER AS TO SUPREME COURT FEES, 1884. The Right Honourable Roundell, Earl of Selbornp], Lord Hioii Chancellor of Great Britain, by and with the advice and consent of the undersigned Judges of the Supreme Court, and with the concurrence of the Lords Commissioners of Her Majesty's- Treasury, doth hereby, in pursuance and execution of the powers given by the Supreme Court of Judicature Act, 1875, and all other powers and authorities enabling him in this behalf, order and direct in manner following : — 1. The fees and percentages contained in the schedule hereto are fixed and appointed to be, and shall be taken in the High Court of Justice, and in the Court of Appeal, and in any Court to be created by any commission, and in any office which is connected with any of those Courts, or in which any business connected with any of those Courts is conducted, and by any officer paid wholly or partly out of public moneys who is attached to any of those Courts, or the Supreme Court or any Judge of those Courts, or any of them. And the said fees and percentages shall, until otherwise determined by the Treasury, be taken by stamps in the same manner as heretofore, except those taken in the District Registries, which shall, until otherwise determined by the Treasury, be taken as the fees and percentages are now taken. 2. The provisions in this Order shall not apply to or affect any of the matters following {that is to say) : — The existing fees and percentages in respect of any of the jurisdic- tions which are not, by the Supreme Court of Judicature Acts, 1873 and 1875, transferred to the High Court of Justice or the Court of Appeal ; The existing fees and percentages in respect of any matters within Court Fees.'] 37 the jurisdiction of the Court of Probate at the time of the passiug- of the Supreme Court of Judicature Act, 1875, otlier than probate actions, or in respect of any appeal in bankruptcy ; The existing fees and percentages in respect of any criminal pro- ceedings, other than such proceedings on the Crown side of the Queen's Bench Division as the scale contained in the schedule hereto may be applicable to ; The existing fees and percentages in respect of matters on the revenue side of the Queen's Bench Division, and proceedings and business in the office of the Queen's Remembrancer, other than such matters, proceedings, and business as the scale con- tained in the schedule hereto may be api)licable to ; The existing fees and percentages authorised to be taken by any sheriff, under-sheriff, deputy sheriff, bailiff, or other officer or minister of a sheriff ; The existing fees and percentages directed to be taken or paid by any Act of Parliament, and in respect of which no fee or per- centage is hereby provided ; The existing fees and percentages which shall have become due or payable before this Order comes into operation. 3. Save as otherwise provided by this Order, all existing fees and percentages which may be taken in any of the Courts whose jurisdic- tion is, by the Judicature Acts, 1873 and 1875, transferred to the High Court of Justice or Court of Appeal, or in any office which is connected with any of those Courts, or in which any business con- nected with any of those Courts is conducted, or by any officer paid wholly or partly out of public moneys who is attached to any of those Courts, or the Supreme Court, or any Judge of those Courts or any of them, shall be and are hereby al)olished. 4. A_folio is to co mprise 72 word s, every figure comprised in a column, or authorised to be used, being counted as one word, 5. The provisions of Order 71 of the Rules of the Supreme Court, 1883, shall apply to this Order. G, This Order shall come into operation on the 25th day of January, 1884, and may be cited as "The Order as to Supreme Court Fees, 1884." THE SCHEDULE ABOVE REFERRED TO. An Order or Rule herein referred to by number shall mean the Order or Rule so numbered in the Rules of the Supreme Court, 1883. Summonses, Writs, Xotices, Commissions, and Warrants. £ s. d. 1. On sealing a writ of summons for commencement of an action . . . . . . . . - 10 - 2. On sealing a concurrent, renewed, or amended writ of summons for commencement of an action . . .-26 3. On sealing a notice for service under Order 16 Rule 48 - 2 6 4. On sealing a writ of mandamus .... b. On sealing a writ of subpoena for witnesses, not ex ceeding 3 persons Court Fees.'] 38 £ s. (L 6. On sealing a writ of execution, a subpoena pursuant to the Court of Probate Act, 1858, s. 2/3, and every other writ - 5 - 7. On sealing or issuing an originating summons under the Act & 7 Vict. c. 73, for the taxation of a solicitor's bill of costs within 12 months after delivery, or delivery of a bill of costs by a solicitor, including the order to be made thereon . . . - lo - 8. On sealing any other originating summons . . - In - 9. On amending same . . . . . . . - a - 10. On sealing or issuing a sunmions for directions under Order 30 - 10 - 11. On sealing or issuing any other summons or Taxing Master's warrant . . . . . . . - 3 - 12. On filing a notice to have a reference to an Admiralty Registrar placed in the list fur hearing . . . - 10 — 13. On a notice in Admiralty actions pursuant to Order G7, Rule 10 - 15 - 14. On sealing or issuing a commission to take oaths or affidavits in the Supreme Court . . , . 5 - - 15. On every other commission . . . . . 1 - - 16. On marking a copy of a petition of right for service . - 5 - Appearances. 17. On entering an appearance, for each person . . - 2 - 18. On amending same - 2 - Copies. 19. On a copy of a written deposition of a witness to enable a party to print the same, for each folio . - - 4 20. On examining a written or printed copy and mark- ing or sealing same as an office coj^y, for each folio . - - 2 21. On making a copy and marking same as an office copy, for each folio - - & 22. On a copy in a foreign language, the actual cost. 23. On a copy of a plan, map, section, drawing, photo- graph, or diagram, the actual cost. 24. On a printed copy of an order, not being an office or certified copy, for each folio . . . . - - 1 Attendances. 25. On an application, with or without a subpoena, for any officer to attend as a witness, or to produce records or documents to be given in evidence (in addition to the reasonable expenses of the officer), for each day or part of a day he shall necessarily be absent from his office 1 - The officer may require a deposit of stamps on account of any further fees, and a deposit of money on account of any further expenses which may probably become payable beyond the amount Court Fees.'] 39 £ s. d. paid for fees and expenses on the application, and the officer or his clerk takino^ such deposit shall thereupon make a memorandum thereof on the apphcation. The officer may also require an undertaking in writing to pay any further fees and expenses which may become payable beyond the amounts so paid and deposited. Oaths, etc. 2G. On taking an affidavit or an affirmation or attestation upon honour in lieu of an affidavit or a declaration, except for the purpose of receipt of dividends from the Paymaster-General, for each person making the same . . . . . . . . - 1 G 27. And in addition thereto for each exhibit therein referred to and requii'cd to be marked . , . - 1 - Filing. 28. On filing a special case or petition of right . . 1 - - 29. On filing, except in Admiralty actions, and unless otherwise provided, an affidavit, deposition or set of depositions (including any exhibits annexed to any such affidavit or deposition), statement of claim in default of appearance, official and special referees' certificates, petition, preliminary act, sub- mission to arbitration, award, warrant of attorney, cognovit, bail, satisfaction piece, bond, writ of execution with return, and power of attorney, and every other proceeding in a probate action or in a divorce or other matrimonial cause or matter required by Act of Parliament, general order, or order in the action, cause, or matter to be filed in the principal Probate Eegistry . . . .-20 30. On filing a scheme pursuant to the Railway Com- panies Act, 1867, or the Liquidation Act, 1868 . 1 - - 31. On filing scrips in a probate action or on depositing, pursuant to an order in any cause or matter, any documents for safe custody or production, if the number does not exceed 5 . . . . . - 5 - 32. If exceeding 5 . . . . . . . . - 10 - 33. On a receipt for any document or documents to which the 2 last fees apply when delivered out, or for any other document or documents when delivered out of the principal Probate Registry . - 2 6 34. On filing an affidavit and uctice under Order 46, Rule 4 - 10 - 35. On every minute in Admiralty actions pursuant to Order 66, Rule 8, for every instrument or docu- ment to which the minute relates (other than an exhibit, or any instrument or document previously issued from the Registry or the Marshal's office) unless otherwise provided . . . . . - 5 - Court Fees.'] 40 . £ s. d. 30. On filino- a bill of sale and affidavit therewith where the consideration (incladin<>- farther advances) does not exceed £ 1 Go . . . . . . . _ 5 _ 37. Above £1 (to and not exceeding £200 . . . - 10 - 38. Above £20(i . . .' 1__ 39. On filino- under the liills of Sale Acts, 1878 and 1882, any other document to which the fees Nos. 3(;, 87, and 38 do not apply . . . . . - lo - 40. On filing an affidavit of re- registration of a bill of sale or any such other document as in No. 3!) mentioned -10- 41. On fiUng a fiat of satisfaction . . . . . - 5 - Certificates. 42. On a certificate of appearance, or of a pleading, affidavit, or proceeding having been entered, filed, or taken, or of the negative thereof, unless other- wise provided - 2 6 43. Or if required for use in a foreign country . . - 5 - 44. Or if a certificate of proceedings pursuant to Order 01, Rule 24 - 5 - Searches and Inspections. 45. On an application to search for an appearance or an affidavit, and inspecting the same . . . - 1 - 40. On an application to search an index, and inspect a pleading, judgment, decree, order, or other record, unless otherwise expressly provided for by any Act of Parliament or this Order, and to inspect scrips filed or documents deposited pursuant to an order for safe custody or production, for each hour or part of an liour occupied . . . . .-26 47. Not exceeding on 1 day . . . . . . - 10 - Exa:mixation of Witnesses. 48. On every memorandum of appointment for an ex- aminatiou to be taken before an Examiner of the Court -5- 41). On every witness sworn and examined by an officer of the Court in his office, unless otherwise pro- vided, including oath, for each hour or part of an hour . .' - 10 - 50. On an examination of witnesses by any such officer away from the office (in addition to reasonable travelling and other expenses), per day . . 3 - - 51. The officer may require a deposit of stamps on account of fees and a deposit of money on account of expenses which may probably become payable beyond any amount paid for fees and expenses u])on the examination, and the officer or his clerk taking such deposit shall thereupon make a memorandum thereof and deliver the same to the party making the deposit. Court Fees.'] 41 £ s. d. The officer may also require an undertaking, in writing, to pay any further fees and expenses which" may become payable beyond the amount so paid and deposited. [For the fees allowed to Examiners of the Court, seep. 50.) Hearing. 52. On entermg or setting down, or re-entering or re- setting down an appeal to the Court of Appeal, or a cause or matter for trial or hearing in any Court in London or Middlesex or at any assizes, includ- ing hearing on further consideration where no such fee was paid on the original hearing, whether on summons adjourned from Chambers or other- wise, and including special case, a petition in a divorce or matrimonial cause or matter by which a proceeding is commenced, and petition of right, but not anyother petition, nor any other summons adjourned from Chambers 2 - - {See Order of October, 1884, _2X 49.) 53. On entering directions of the Judge at a trial pursuant to Order 3G, Rules 41 and 42, and certifying same when required . . . . 1 - - 54. On writing for the attendance of Trinity Masters or other assessors on the hearing of an Admiralty action - 10 - 55. On answering and setting down for hearing in Court a petition by which any proceeding is commenced, unless otherwise provided 1 - - 56. Any other petition 10 - Judgments, Degrees, and Orders. On drawing up and entering judgments, decrees, and orders. ^^^^ q^^^^. ^^ October, 1884, jj. 49.) 57. If made in Court on the original hearing or hearing on further consideration of a cause, or on the hearing of a special case or petition, or on any application to the Court of Appeal unless other- wise provided . . • • • • . 1 - - Where in a divorce or matrimonial cause or matter a decree nisi is made, and afterwards a decree absolute, no fee shall be payable on the decree absolute. 58. If a judgment without hearing in Court or a final order in a probate action made by a registrar, or if an order made in a probate action or in a divorce or matrimonial cause or matter on a motion, in- cluding filing the case or application on which the order is made . . • • • • . - 10 - 59. If made on the hearing of an originating summons, unless otherwise provided - 10 - Court Fees.'] 42 d. GO. If made at Chambers in the Chancery Division on the hearing of a cause or matter on fnrther con- sideration . . . . . . . .-10- 61. If made under Order 15, Order 32, Rule G, or Order 33, Rule 2 - 10 - G2. If made on any appHcation by Order 55, Rule 2, directed to be disposed of in Chambers, comprised in sections (1), (2), (3), (5), (G), (7), or (10) of the said Rule, exclusive of those comprised in section (12) of the same Rule . . . . - 10 - G3. If an order of coui'se on a petition of right . . - 10 - 64. If an order for a commission on a petition of right . 1 - - 65. If an order of course under the Act G & 7 Vict. c. 73, to tax a solicitor's bill of costs within 12 months after delivery, or for delivery of a bill of costs by a solicitor where fee No. 7 is not appHc- able - 10 - 66. On any other order, including an agreement filed pursuant to Order 52, Rule 23, in Admiralty actions, and filing same - 5 - G7. On signing a note or memorandum of an order pursuant to Order 52, Rule 14, when required for production, where no order is drawn up . . . - 3 - 68. On a memorandum to enter an order nunc pro tunc . - 5 - On Proceedings in the Chancery Division, at the Judge's Chambers, or before a Taxing Master or District Registrar. ^ -, £ s. a. 69. On the sale or mortgage of any land or hereditaments pursuant to any order directing a sale or mortgage with the approbation of the Judge made in any cause or matter for the purpose of raising money to be dealt with by the Court in such cause or matter, for every £100 or fraction of <£100 of the amount raised . . . . . . . - 2 - 70. On the approval of the purchase of any land or hereditaments, or of the title to any land or here- ditaments to be purchased pursuant to any order in any cause or matter with money under the control of the Court in such cause or matter, for every £100, or fraction of £100, of the amount of the purchase money - 2 - 71. On proceedings pursuant to an order in any cause or matter where the amount of the outstanding or undisposed of estate of a deceased person or of the estate subject to any trust or partnership shall be ascertained for the purpose of beiug dealt with in such cause or matter without deducting any pay- ment to creditors or parties intej'estcd after the commencement of the cause or matter, for every £100, or portion of £100, of the amount or value thereof . , . . . . . . .-1- 72. On taking an account of moneys received by an Court Fees.'] 43 d. - 1 executor, administrator, trustee, agent, solicitor, mortgagee, co-tenant, partner, receiver, guardian, consignee, bailee, manager, provisional official or other liquidator, sequestrator, or execution creditor, or other person liable to account, for every £100, or fraction of £100, of the amount found to have been received without deducting any payment 73. On taking an account of the debts or ascertaining the amount of any debt due from a deceased person or from any company in any cause or matter when any creditor shall be required to prove his debt otherwise than by production of his security, for every £100, or fraction of £100, of the amount found to be due to such creditor, or (if more than one) of the aggregate amount found to be due to all such creditors . . . . - 1 74. And in any such case, if after evidence adduced by the creditor his claim shall be disallowed, on each such claim - 10 - 75. On taking an account of or ascertaining the amount due in respect of the debentures or bonds of a joint stock or other company, for every £100, or fraction of £100, of the aggregate amount found to be due . . . . . • ' . • ~ ^ ~ 76. On an inquiry to ascertain the heir and next-of-kin, or the heir or next-of-kin of any one or more than one deceased person whose estate is being adminis- tered in any cause or matter or in respect of whose estate an application is made under Order 55, Rule 3, and on any such inquiry at Chambers upon an application under the Act 10 & 11 Vict. c. 9G (the Trustee Relief Act), or the Lands Clauses Consolidation Act, 1845, or any other Act whereby the purchase money of any property sold is directed to be paid into Court 1 - - 77. On settling a hst of shareholders entitled to a return, where there is any money to be returned, or a list of contributories, for every person settled on either such list not exceeding 2,000 - 2 - 78. On settling under the 13th section of the Companies Act, 1867, the Hst of the creditors of a hmited company which proposes to reduce its capital . . 5 - - 79. On setthng a scheme pursuant to the Railway Companies Act, 1867, or the Liquidation Act, 1868 5-- 80. On settling a scheme for the management of a charity . . . . ■ • • • .2-- 81. On a certificate of a chief clerk, Taxing Master, or district registrar of the result of any proceeding or taxation of costs before him, including 1 or any number of matters - 10 - The amount on which the fee No. 69 is payable shall not include the amount which may be payable out of the money raised to any mortgagee or any person entitled to any charge, estate, or interest on C^owt Fees.'] 44 (ir in the property sold when such mortgagee or other persou is not in respect of his mortgage, charge, estate, or interest a party to the cause or matter in which the order is made or ))ound by the proceedings, although he may consent to or concur in the sale. The amount on which the fee Xo. 71 is payable shall not include any outstanding debts believed to be bad or irrecoverable, nor any property the value of which is undefined or uncertain, nor any property to which the fee No. G'J is applicable, nor any money on which the fee Xo. 72 shall bo payable in the same cause or matter. The amount on which either of the fees Nos. 70 and 72 is payable shall not include any sum of money or any money arising from the sale of any property upon which either of the fees Nos. G9 and 71 shall have been previously paid. The value of any stocks, funds, debentures, securities, shares, or other property, the price of which is (proted in the London Daily Stock and Share List, published by the authority of the Committee of the Stock Exchange, to which the fee No. 71 is applicable, shall be the closing price quoted in such published list on the day previous to the fixing the amount of such fee. When the fee No. 72 shall be applicable to any money received which shall be invested or deposited in a bank, and again be received from such investment or deposit, or shall be paid by one person -accounting to any other person accounting in the same cause or matter, or in any other similar case, the fee shall not be payable twice on the same money in the same cause or matter. When a fee shall be payable on the money raised by the sale of property, and the same property shall be resold, in the same cause or matter, the fee payable on the first sale shall be deducted from the fee payable on the second sale. The amounts for or in respect of which the following fees are payable shall be limited to £200,000 in the following cases — («) the amount raised at any time or times in the same cause or matter in the cases to which the fee No. 01) is applicable ; {h) the amount of purchase money to be invested pursuant to any one order in the cases to which the fee No. 70 is applicable ; (c) the amount in the same •cause or matter of the value of the outstanding or undisposed of ■estate whenever ascertained in the cases to which the fee No. 71 is applicable ; {d) the amount at any time or times in the same cause or matter found to have been received by any executor, administrator, or trustee in the cases to which the fee No. 72 is applicable, except in the case of a trustee directed to account periodically, and in that case, and in all other cases to which the fee No. 72 is applicable, the amount found to be due by any one certificate or on any one account; {e) the amount at any time or times in the same cause or matter found to be due to a creditor or creditors in the cases to which the fee No. 73 is applicable ; (/) the amount found to be due in respect of debentures or bonds in the cases to which the fee No. 75 is .applicable. The fees Nos. G9 to 80 inclusive shall become due and piiyablc by the party conducting the proceedings to which they apply as part of his costs of such proceedings, and be allowed as follows or otherwise as the Court or a Judge shall direct ; that is to say, the fee No. 71 shall become due and payable upon making the certificate or order by which the outstanding or undisposed of estate is ascertained or as to Court Fees.'] 45 any part thereof the value of which is at that time undefined or uncertain, and which during the farther proceedings in the cause or matter shah be reahsed or the value of which shall be ascertained upon any order or certificate made when or after the same shall be so realised or the value thereof ascertained. The fee No. 72 on taking the account of a receiver, guardian, consignee, bailee, manager, hquidator, sequestrator, or execution creditor, or a trustee directed to pass his accounts periodically shall, upon payment, be allowed in the account, unless otherwise ordered by the Court or a Judge. The fee No. 72 in the other cases to which it applies, and the fees Nos. 69^ 70, and 73 to 80 inclusive, shall become due and ]-)ayable by the party conducting the proceeding, on making the certificate or order on the result of the sale, purchase, account, inquiry, or other pro- ceeding to which the fee is applicable ; but if the Court or a Judge shall be of opinion that the costs of the party liable to the payment of any such fees will become payable out of any funds or moneys in Court or to be brought into Court, the Court or Judge may suspend the payment of anv such fees until such funds or moneys are dealt with, or for such other time as may be thought fit, in which case the amount payable shall be stated in the certificate or order upon which the same are payable, or in some subsequent certificate or order, and where such fees have not been paid, and the costs are directed to be paid out of money in Court or out of the proceeds of securities in Court, the Taxing Master shall certify the amount of fees payable in respect of such proceedings, and the "paymaster shall, if so provided by the Rules under the Supreme Court of Judicature (Funds, &c.> Act, 1883, carry over the amount so certified to be payable from the account to which such monevs or proceeds are placed to a separate account in the books of the Pay Office for fees on proceedings or otherwise as shall be provided by such Rules, and the amount shall from time to time, as the Treasury may direct, be paid to the account of Her Majesty's Exchequer. Ox Proceedings in the Queen's Bench and Probate, Divorce AND Admiralty Division, except in Admiralty Actions, BEFORE A Master, Registrar or District Registrar. £ s. (L 82. The fee No. 72 on taking accounts applicable to proceedings in the Chancery Division upon similar proceedings in these Divisions — 83. On every other reference, investigation, ot inquiry, including examination of witnesses, if any, for every hour or part of an hour the officer is occupied - 10 - On Proceedings in the Probate, Divorce and Admiralty Division, in Admiralty Actions on References before a Registrar or District Registrar. £ s. d. 84. On any reference to the registrar, including ex.-j From amination of witnesses, if any, having regard to I 5^5 - the nature and importance of the accounts and j io^ other matters, and to the time occupied . . J 15 15 - Court Fees.'] 46 £ s. d. From 15 85. If the attendance of one or more merchants is _ ,.^ required, for each mej'chant the same fees as to r ^^ the registrar ] -1^^ 8C. In cases of great intricacy, or very large amount, occupj-ing more than 2 full days, larger fees may be taken, not exceeding 5 guineas additional per day to the registrar and for each merchant, for every day beyond 2 full days. 87. In cases where the accounts to be investigated do \ Form not exceed £500, and where the time occupied [ 1 1 is short, fees may be taken for the registrar and 1 to each merchant of . . . . • • ''4 4- 1 - Proceedings before an Officiat. Eeferee. 88. On every reference (not in London or Middlesex) . 5 - - (On trial by Official Referee in London or i\Iiddlesex : — For every hour or part of an hour (see (Jrder of December, l.ssT, p. 5o), lOs.) 80. xVnd for evety hour or part of an hour he is occupied beyond 2 fall days - 10 - 90. On " every sitting elsewhere than in London or Middlesex a further fee for every night the official referee shall be absent fi'om London . . .1116 91. And for his clerk - 15 - The fees Xos. 82 to 91 inclusive shall become due and payable by the party conducting the proceedings on the report of the result of the reference or otherwise as hereinafter provided where no such report is made. The above-mentioned fees Nos. 09 to 80 and 82 to 91 inclusive shall be due and payable, when no certificate, report, or order is made, by the party conducting the proceedings on the completion of such proceedings, or if not completed a due proportion shall be payable on so much of the proceedings as shall have taken place, the amount to be fixed by the officer. In these cases the fees shall be paid by stamps impressed upon or affixed to a memorandum stating on what account such fees are paid. A deposit of stamps on account of tlie fees applicable to any pro- ceeding may be required before such proceeding is commenced, or at any time during the course thereof, and in Admiralty actions when Order 5G, Rule 4, applies such stamps shall be affixed as therein provided, and in all other cases a memorandum of the amount deposited shall be deli\-ered to the party making the deposit. In the Admiralty Marshal's Office. £ ^ ^_ 92. On the execution of a warrant . . . . 2 - - 93. On the execution of an attachment, for every person attached . . . . • • . . 1 - - 94. On the execution of any decree, order, commission, or other instrument under Order 67 . . . . 1 - - 95. On attending, appointing, and swearing appraisers . 1 - - Court Fees.'] 47 £ s. d. 9G. On delivering up a ship or goods to a purchaser agreeably to the inventory . . . . . 1 - - 97. On attending the delivery of cargo, or sale or removal of a ship or goods, per day 2 - - 98. On retaining possession of a ship with or without cargo, or of a ship's cargo without a ship, to in- clude the cost of a ship keeper, if required, per day . . . . . . . . . - 5 - 99. On a report as to the sufficiency of sureties . . - 10 - 100. If the marshal or any of his substitutes is required to go to a greater distance than f) miles from his office to perform any of the above duties, he shall be entitled to his reasonable expenses for travelling, board, and maintenance, in addition to the above fees. 101. On the sale of any vessel or goods sold pursuant to a decree or order of the Coui-t, for every £50 or fraction of £50 realised - 10 - Taxation of Costs. 102. On taxing a bill of costs where the amount allowed does not exceed £4 . . . . . . - 2 - 103. "Where the amount exceeds £4, for every £2 allowed or a fraction thereof . . . . . . - 1 - These fees, unless otherwise provided, shall be taken on signing the certificate or on the allowance of the bill of costs as taxed ; but the fees shall be due and payable, if no certificate or allocatur is required, on the amount of the bill as taxed, or on the amount of such part thereof as may be taxed, and the solicitor or party suing in person shall in such case cause the proper stamps (the amount thereof to be fixed by the officer) to be im- pressed on or affixed to the bill of costs. The taxing-officer may require a deposit of stamps on account of fees before taxation not exceeding the fees on the full amount of the costs as submitted for taxation, and the officer or his clerk on taking such deposit shall make a memorandum thereof on the bill of costs. Order 5, Rule 58 of the Chancery Funds Consolidated Eules, 1874, shall continue to be acted upon in cases to which it is applicable. (See Rule G7, Supreme Court Ftnids Rtiles, 1894.) On Proceedings in the Pay Office of the Supreme Court. £ s. d. 104. On a certificate of the amount and description of any money, funds, or securities, including the request therefor . . . . . . . . - 1 - 105. On a transcript of an account for each opening, including the request therefor . . . . - 2 - Court Fees.^ 48 £ 5. (L - 1 loG. Oil a request to the pajTiiaster, Bank of England, or a reo;istrar of the Probate, Divorce and Admiralty Division (unless otherwise provided), for any of the followinj^ purposes : paying, lodgin^ir, trans- ferring, or depositing- money, funds, or securities in Court without an order, or money in addition to the amount directed by an order to be paid in ; payino- out of Court any money without an order or a certificate of a taxing- officer: information in writing in respect of any money, funds, or securities, or any transaction in the pay office . 107. On a request for information respecting any money, funds, or securities to the credit of any cause or matter contained in any list prepared by the pay- master of causes and matters to the credit of which any money, funds, or securities have not been dealt with during 15 years - 2 6 108. On an affidavit for the purpose of paying, trans- ferrins:, or depositing any money, funds, or securities in Court pursuant to the stat. 10 & 11 Tict. c. 9G - 1 - 109. On preparing a power of attorney . o — 2 G 1 - 1 - 1 - 5 - 2 - 1 _ - G Eegister of Judgments and Lis Pendens. 110. On registering a judgment or lis pendens, althoiujh more than one name may have to be registered 111. On re-registering same 112. On a search for each name 113. On a certificate of entry of satisfaction . 114. On a request for a search and certificate pursuant to Order Gl, Rule 23 115. If more than oue name included in the same request, for eacli additional name IIG. On a duplicate certificate, if not more than 3 folios 117. For every additional folio . . . • _ _ • 118. On every continuation search, if requested within 14 days of any former search (the result to be indorsed on such certificate) . . . . - 1 - 119. On a certificate of a judgment for registration in Ireland or Scotland under the Judgments Exten- sion Act, 18G8, including affidavit . . . - 2 - 120. On filing for registration a certificate issued out of the Courts of Dublin or Court of Session in Scotland under the last-mentioned Act, although more than one name nuiy have to be registered under the said Act _•-'<''- 121. On every certificate of the entry of a satisfaction under the last-mentioned Act . . . •_ - 1 - 122. On a search made in one or both of the registers of Irish and Scotch judgments, for each name . 1 Court Fees.'\ i.yjj k^. 49 Miscellaneous. £ s. d. 123. On a report of a Private Bill in Parliament 124. On an allowance of bye-laws or table of fees . 125. On a flat of a Judge 126. On signing, settling, or approving an advertisement 127. On taking the acknowledgment of a deed by a married woman _ . 128. On an appointment of a receiver in a probate action 129. On taking a recognisance or bond, whether one or more than one recognisor or ol)ligor, and whether entered into by all at one time or not 130. On assignment of a bond .... 131. On taking bail, and taking same off the file and delivering ....... 132. On a commitment 133. On an application to produce Judges' notes 134. On appointment of commissioners under glebe ex change ....••• 13.5. On vacating a recognisance .... 136. On a citation _ • 137. On the admission or re-admission of a sohcitor 138. On filing a claim in the Admiralty Registry for repay- ment "of the excess of wages paid to a substitute hired in the place of a volunteer into the Eoyal Navv, including copy sent to the Admiralty . . - 139. On the^ opinion of the Admiralty Registrar objecting to the claim. ........ 140. On a certificate of the Admiralty Ptegistrar ordering payment of amount due, including the copy to be sent to the accountant-general of the Navy . . - 141. On registering in the Admiralty Registry a power of attorney for a Queen's ship generally, and ^a copy thereof for the accountant-general of the Navy . : 142. On registering same specially . . . . . - 143. On taking accounts by the Admiralty Registrar in naval prize matters ....... 144. On Admiralty Registrar writing letters in regard to naval prize matters . . . . • • ' 145. On every £50, or fraction of £50, paid out of the Admiralty Registry in any action, or to the naval prize account ....•••" No fee is payable on the transfer of money from the Admiralty to the naval prize account. y 10 10 5 2 5 5 10 5 10 10 10 10 10 5 10 - o - Kegistry lY. ORDER AS TO SUPREME COURT FEES. October, 1884. I, the Right Honourable Roundell, Earl of Selborne, Lord High Chancellor of Great Britain, by and with the advice and consent of the undersigned Judges of the Supreme Court, and with the concurrence of the Lords Commissioners of Her Majesty's Treasury do hereby, in pursuance and execution of the powers given by the j.c. ^ Orders as io Court Fees — Examiners' Fees.^ 50 Supreme Court of Judicature Act, 1875, and all other powers and authorities enabling me in this behalf, order and direct in manner following : — The fees hereunder written are fixed and appointed to be, and shall be, taken on appeals brought on or after the 24th day of October, 1884, from Inferior Courts, notwithstanding anything in the Order as to Supreme Court Fees, 1884, contained. £ s. d. On filing - 10 - On bearing . . . . . . 1 - - On drawing up judgment . . , . - 10 - The 21st day of August, 1884. V. OKDER AS TO SUPREME COURT FEES. December, 1887. I, the Right Honourable Hardinge Stanley, Baron Halrrury, Lord PIigh Chancellor of Great Britain, by and with the advice and consent of the undersigned Judges of the Supreme Court, and with the concurrence of the Lords Commissioners of Her Majesty's Treasury, do hereby, in pursuance and execution of the powers given by the Supreme Court of Judicature Act, 1875, and all other powers and authorities enabling me in this behalf, order and direct in manner following : — In proceedings before an Official Referee in London or Middlesex the fee on every reference, in lieu of the fee of £5 prescribed by the Order as to Supreme Court Fees, 1884, shall be for every hour or part of an hour the Referee is occupied, including examination of witnesses, if any, lOs. The 20th day of December, 1887. YI. EXAMINERS' FEES. Scale of Fees which the Examiners of the Court are entitled to Charge under Order 37, Rule 51, of the Rules of the Supreme Court. £ s. d. Upon giving an appointment to take an examination .11- For the examiners' clerk . . . . . .-26 For each hour or part of an hour occupied in an examination within 3 miles from the principal entrance of the Royal Courts of Justice . . - 10 6 For each day of G hours, or part of a day occupied in an examination beyond 3 miles from the principal entrance of the Royal Courts of Justice 5 5- For the examiners' clerk, where an examination occupies more than 3 hours (in addition to fee No. 2) per day - 2 6 (For Court Fees on Examination of Witnesses, see p. 40.) Allowance to Witnesses.'] 51 VII. ALLOWANCE TO Common witnesses, sucli as labourers, journeymen, &c., per diem Master tradesmen, yeomen, and farmers, per diem, from .... Auctioneers and accountants, per diem Professional men,''' per diem Ditto, inclusive of all except travelling- expenses, per diem .... Attorney's or other clerks, per diem . Engineers and Surveyors, per diem Notaries, per diem . . . . Gentlemen . . . . . Esquires ...... Bankers ...... Merchants Females, according to station in life, per diem, from . . . . Police inspector, per diem . Police constable. AYITNESSES. £ S. d. £ .9. d. If resident in the If resident at town in which a distance the cause is from the tried. place of trial. (^ h 5 1 1- to 7 6 - 7 6 (- 10 - to i- to .- 10 - 15 - (- 10 6 f- 10 6 1 "(l to to 1 - ll 1 - 1 1 2 - to 3 - 15 - 10 6 1 il (1 to 1 - 1 - 1 1 - 1 1 8 to 3 - 1 1 - 1 1 - 1 1 - f With Subpceua, \ but no daily al- lowance except , 1 1 - " after the first day, and then a reasonable sum per diem. for refreshment \ and conveyance , 1 5 to — ( 5 - to u 10 - il - - 5 - - 3 - U to 10 5 to 7 If the witnesses attend in one cause only, they will be entitled to the full allowance. If they attend in more than one cause, they will be entitled to a proportionate part in each cause only. The travelling expenses of witnesses shall be allowed according to the sums reasonably and actually paid, but in no case shall exceed \s. per mile one way.j The above scale of allowance to witnesses was issued under the Eules of Hilary Term, 1853, but by Order 65, Kule 27 (9), of the Judicature Rules " such just and reasonable charges and expenses as '•' appear to have been properly incurred in procuring evidence and * Though called on unprofessional matters: Parkinson \. Atkinson, 31 L. J. (C. P.) 19y. A barrister entitled primd facie to allowance of professional man : Turner v. Turner, 5 Jur. N. S. 839. t Hunter v. Liddell, 16 Q. B. 402. £ 2 Shmff's Fees.^ 52 " the attendance of witnesses are to be allowed." Under the last- mentioned rule the taxing officers have to exercise their discretion as to the amount to be allowed to witnesses, and are not bound by this scale : TurnhuU v. Janson, 3 C. P. 1). 204 ; and Maclcky v. ChiUi7i(/u'orfh, 2 C. P. D. 273. As to scientific witnesses : Smith v. £ulk')\ 19 Eq. 473 ; 23 W. R. 332 ; 31 L. T. 873. As to the expenses of witnesses (qualifying- to give evidence, see the last two cases, and Jkillcij V. Ky)wckj2o Eq. 032. Plaintiffs and defendants are only entitled to their actual expenses : Flower v. Gardner, 3 C. B. (N. S.) 185. Subsistence money for detained witnesses : Howes v. Barber^ 21 L. J, (Q. B.) 254 ; Calvert v. Scinde Railway Co., 18 C. B. (N. S.) 306. Sums must have been actually paid : Cross v. Burrell, 29 L. J. (Ex.) 473. Conduct money (£6 in the case referred to) may be recovered back if the witness has not to attend on his subpoena, in consequence of the action being settled without trial : Mariin v. Andreivs, 7 E. & B. 1. YIII. SHERIFF'S FEES, ON EXECUTION OF WRITS OF FIERI FACIAS, UNDER ORDER OF AUGUST 31ST, 1888. £ s. d. 1. For expenses incurred by the sheriff's officer in making inquiries as to the goods of an execution debtor, and as to claims for rent, and other claims on the goods, the actual expenses not exceeding under any circumstances ...... 2. For seizure by the sheriff's officer : For each build- ing or place separately rated at which a seizure is made . . . • • • •."..* 3. For mileage : To include the mileage of the bailiff or man in possession, per mile from the sheriff's officer's residence .....-• The foregoing fees, numbered 1, 2, 3, shall be paid by the execution creditor, and shall not be recoverable by him although the execution proves abortive. 4. For man in possession, per day To provide his own board in every case. 5. For removal of goods or animals to a place of safe keeping when necessary, the actual cost. 0. When goods or animals are removed, for warehousing and taking charge of the same (including feeding of animals) H per cent, on the value of the goods or animals removed, or the sum indorsed on the writ of execution, whichever is the less. No fees for keeping possession of the goods or animals to be charged after the goods or animals have been removed. 7. For the inventory and valuation, cataloguing, lotting, and preparing for sale, when no sale takes place by 1 1 1 1 - Sherifs Fees.'] 53 £ s. d. reason of the execution being withdrawn, satisfied, or stopped, 2i per cent, on the vakie of the goods. 8. For advertising and giving pubhcity to the sale by auction, the sum actually and necessarily paid. 9. For commission to the auctioneer on a sale by auction, 7^- per cent, on the sum realised not exceeding £100, 5 per cent, on the next £200, 4 per cent, on the next £200, and on any sum exceeding in all £500, 3 per cent, up to £l,000, and 2h per cent, on any sum exceeding £1,000. 10. For any sale by private contract, half the percentage allowed on a sale by auction 11. Sheriff's poundage and the fee for delivery of the writ to the under-sheriff' shall be the same as before the making of this order {i.e., Is. 'in the pound for the first £100, and 6d. in the pound for every jmind above £100). The foregoing fees, numbered 2, 3, 4, 5, 6, 8, 9, 10, 11, shall be levied in every case in which an execution is completed by sale, as fees payable to sheriffs were levied before the making of this order. In every case where an execution is withdrawn, satisfied, or stopped, the fees under this order shall be paid by the person issuing the execution, or the person at whose instance the sale is stopped, as the case may be ; and the amount of any costs and charges payable under this scale shall be taxed by a INIaster of the Supreme Court or District Registrar of the High Court (as the case may be), in case the Sheriff' and the party liable to pay such costs and charges differ as to the amount thereof. IX. SHERIFF'S FEES, OTHER THAN ON EXECUTING A WRIT OF FIERI FACIAS, UNDER 1 VICT. c. 55. Table of Fees to be taken by Sheriffs, Under-Sheriffs, Deputy Sheriffs, Sheriffs' Agents, Bailiffs, and Others, THE Officers or Ministers of Sheriffs in England and Wales, pursuant to the Statute passed in the First Year of the Reign of Queen Victoria, c. 55."'= For every warrant which shall be granted by the Sheriff to his officer upon any writ or process, — £ s. d. In London and Middlesex - 2 6 And on Crown and outlawry process, an additional 2s. 6rf. In all other counties where the most distant part * By this statute it is enacted that if any sheriff, officer, or minister acting in the execution of process directed to sherifis, shall extort, demand, take, or receive any fee, gratuity, or reward not thereby allowed, he or they, upon complaint made upon oath to the satisfaction of any of the Courts to which the complaint shall be made, shall be adjudged guilty of a contempt of such Court, and punished by such Court accordingly. Sheriff's Fees.] 54 of the county shall not exceed 100 miles from London not exceeding 200 miles .... exceeding 200 miles ..... For an arrest in London ...... In jMiddlesex, not exceeding a mile from the General Post Office Not exceeding 7 miles from the same place In other counties, not exceeding a mile from officer's residence Not exceeding 7 miles ..... Exceeding 7 miles ...... For conveying the defendant to gaol from the place of arrest, per mile For an undertaking to give a bail-bond . For a bail bond, — If the debt shall not exceed £50 £100 £150 £300 £400 £500 If it shall exceed . . £500 For receiving money under the statute upon deposit for arrest, and paying the same into Court, if in London or Middlesex ....... If in any other county For filing the bail bond, — If the arrest be made in London or Middlesex If in any other county ..... Assignment of bail or other bond, — If in London or Middlesex ..... If in any other county (including postage) . For the return to any writ of habeas corpus, if 1 action And for each action after the first For the bailiff, to conduct prisoners to gaol, per diem And travelling expenses, per mile For searching offices for detainers .... Bailiff's messenger for that purpose .... To the bailiifs for executing warrants on extent, ne exeat, attachment, elegit, writ of possession, forfeited recogni- sance, and other like matters, for each, if the distance from the sheriff's oflice or the bailitt''s residence do not exceed 5 miles ........ If beyond that distance, per mile . . . . On distringas, in London ...... In Middlesex, not exceeding 5 miles from General Post- Office Exceeding 5 miles In other counties, not exceeding 5 miles from officer's residence Exceeding 5 miles ... . . For each man left in possession, Mhen absolutely necessary, — - u - G - 7 - 10 - 10 1 1 d. 6 G - 10 G 1 1 - 1 11 6 - 1 - - 10 G -1(1 G 1 1 - 1 11 6 ^> 2 - 8 3 - 4 4- 5 5 - r. 8 10 - 2 _ 4 - 5 - 7 G 12 - 2 G 10 G 1 - 1 - 2 G 1 1 - - - G - 5 — - 5 — - 10 - - 5 - -10 - Sheriff's Fees.'] 55 £ s. d. If boarded, per diem - 3 6 If not boarded, per diem . . . . . . - 5 - For every sale by auction, notwithstanding the defend- ant should become bankrupt or insolvent, where the property sold does not produce more than £300, £5 per cent. ; £4:00, £4 per cent. ; £500, £3 per cent. ; and where it exceeds £500, £2 10s. per cent. For the certificate of sale, to save auction duty. . .-26 Bond of indemnity, besides stamp . . . . . 1 10 - Certificate of execution having issued, for record . . - 5 - On writs (A trial and inquiry, — For a deputation . . . . . . .11- On lodging writ for entering cause and warrant for summoning jury, which fee shall be forfeited in case of countermand . . . . . . . - 4 - On trial or inquisition, — Sheriff, for presiding 11- Bailiff, for summoning jury, and attendance in Court . - 4 - And, if not held at office of the under-sheriff, — For hire of room, if actually paid, not exceeding . - 10 - For travelling expenses of under-sheriff from his office to place where trial or inquisition held, per mile -1- To the bailiff, from his residence, per mile . . - - 6 In all cases in which it shall appear to the Master that a saving of expense has accrued to the parties by reason of writ of trial having been executed by deputation, the fee for such deputation shall be allowed. On writs of extent, elegit and others of the like nature, — For summoning the jury, use of room, presiding at the inquisition, &c. ....... Jury - 12 - For travelling expenses of under-sheriff from his office to place of inquisition, per mile . . . . - 1 - For drawing and engrossing the inquisition, per folio .-16 For a summons for the attendance of a witness . . - 5 - In replevin, — Bond, upon the same scale as the bail-bond (see pre- ceding page) ........ Precept to bailiff ....... Notice for service on defendant Broker, where the sum demanded and due shall exceed £20, and shall not exceed £50, for appraisement and affidavit of value ....... Where it shall exceed £50 And his travelling expenses from his residence to the place where the goods are, per mile . . - - 6 Bailiff, for summoning parties and delivering goods to tenant ......... And his travelling expenses, same as broker, per mile For the warrant, record, and return of a re. fa. lo., accedas ad curiam, pone, or writ of false judgment . For writ of retorno habendo ..... o 2 6 2 6 6 1 — 1 - - 6 16 6 4 6 Sheriff's Fees.'] 56 £, s. d. ■,t — For each summons on a writ of ,sci. fa., or for tlie service of writ of capias, where no arrest .... And mileaf;-e, per mile . . . . . . _ j _ For recording each demand or pruchiniatiuu under writs of outlawry . . . . . . . . .-2- For baihff for making eacli demand or proclamation on writs of outlawry in London and Middlesex . . . - 2 Q In other counties - 5 - And travelling expenses, if the distance shall exceed T) miles, then for every mile beyond that distance . . . . . . . . - - 6 For any supersedeas, writ of error, order, liberati, or dis- charge to any writ or process, or for the release of any defendant in custody (unless in the i^risou of the county), or of anij (joods taken in execidion. . . . . - 4 G For the return of any writ or process, and tiling same, exclusive of the fee paid on filing. . . . . - 1 - For attendance naming special jury . , . .22- Twenty-four warrants to summon special jury . .14- For bailiff, for summoning each special juror . . - 2 - Sheriff attending in Court 11- For any duty not herein provided for, such sum as one of the Masters may upon special application allow. EXPENSES OF A VIEW. Rule 49. — Hilary Term, 1853. Upon any application for a view, there shall be an affidavit, stating the place at which the view is to be made, and the distance thereof from the office of the under-sheriff, and the sum to be deposited in the hand of the under-sheriff' shall be £10 in case of a common jury, and £16 in case of a special jury, if such distance do not exceed five miles ; and £15 in case of a common jury, and £21 in case of a special jury, if it be above five miles. And if such sum shall be more than sufficient to pay the expenses of the view, the surplus shall forthwith be returned to the attorney of the party who obtained the view ; and if such sum shall not be sufficient to pay such ex- penses, the deficiency shall forthwith be paid by such attorney to the under-sheriff. And the under-sheriff" shall pay and account for the money so deposited according to the scale following (that is to say) : — £ s. d. For travelling expenses to the under-sheriff, showers and jurymen, expenses actually paid, if reasonable. Fee to the under-sheriff", when the distance docs not exceed 5 miles from his office 11- Where such distance exceeds 5 miles . . . .22- And in case he shall be necessarily absent more than 1 day, then for each day after the first, a further fee of . 1 1 - Fee to each of the showers the same as the under-sheriff", calculating the distance from their respective places of abode. Sherifs Fees.'\ 57 £ s. d. Fee to each common juryman, per diem , . . . - 5 - For each special juryman . . . . . .11- Allowancc for refreshment to the under-sheriff, showers and jurymen, whether common or special, each, per diem - 5 - To the bailifl" for summoning each juryman, whose resi- dence is not more than 5 miles distant from the office of the under-sheriff - 2 6 And to each whose residence does exceed 5 miles of meted distance -5- I. COSTS IN THE CHANCERY DIVISION. Costs in the Chancery Division are taxed, as between party and party, as between solicitor and client, as between solicitor and client too-ether with charges and expenses, and as between solicitors and their own clients under the Solicitors' Acts. In actions which may be brought either in the Chancery or Queen's Bench Division, such as actions brought to restrain the infringement of a patent and for an injunction and damages, the costs are taxed as between party and party and on the same principle in each of those divisions under Appendix N. The only material difference between the costs of the two divisions in taxations as between party and party is with respect to allowances for preparing summonses and attending on summonses which, in the Chancery Division (Appendix N., No."l52) are to be fixed "by the Judge or Chief Clerk as heretofore," and in drawing up special orders. Trustees and personal representatives who are parties to actions in the Chancery Division are usually allowed costs as between solicitor and client out of the trust fund of the estate, and in cases in which they have incurred expenses in execution of their trusts, besides costs the Court usually orders their costs to be taxed as between solicitor and client with " charges and expenses " properly incurred. The precedents in all the divisions of the High Court of Justice are on the usual (Lower) Scale, unless stated to be on the Higher Scale. CHANCERY DIVISION. BILLS OF COSTS. 1. PLAINTIFFS' COSTS IN ACTION COMMENCED BY WEIT ON THE LOWER AND HIGHER SCALES. IN THE HIGH COURT OF JUSTICE, 1894. Chancery Division". No. Between and others, Plaintiffs, AND and others, Defendants. The Bill of Costs of the Plaintiffs to be taxed as between and , in pursuance of Order made on the day of , 1894, MICHAELMAS SITTINGS. 1894. Novemher. Instructions to sue '^' . . . . (If an infant is plaintiff, charge.) Drawing authority, and attending and obtain ing consent of Mr. to sue in hii name as next friend . Indorsement of writ Attending Mr. with same to settle Paid fee to him and clerk Paid issuing writ . Fee thereon .... Copy writ for service If beyond 2 folios, at per folio Service of same on each defendant Mileage for each mile beyond 2 (If served by agent.) Writing to agent with writ for service . Paid his charges ..... (If undertaking is given to appear.) Attending Mr, on his giving under' takmg to appear for defendant . Drawing and engrossing affidavit of service at per folio ..... Paid commissioner taking deponent's oath Making copy affidavit to be marked as an office copy, at per folio Paid filino; affidavit Lower Scale. Higher Scale. s. d. £ s. d. 6 8 " 13 4 6 8 13 4 5 - - 5 - 3 4 - 6 8 3 6 1 3 G - - lu - 6 8 - 13 4 2 - - 2 - r 4 - - 4 1 _ _ 1 _ -68 - 6 8 * The taxing officer has discretion to increase this fee if on special grounds he considers the fee in either scale inadequate : Order 65, Rule 27 (3). C. D.—riaintiff's Costs.'] GO Paid, for office copy, at per folio . Charge for searching appearance if no notice of appearance received, and for certificate of non-api)earance ...... Paid for certificate of non-appearance . Instructions for statement of claim (The Taxing IMaster has the power to increase the allowance.) Drawing same ...... Or per folio Charge for making copies of the necessary documents to enable counsel to settle same, at per folio ..... Attending jMr. with same Paid fee to him and clerk Summons for time to deliver statement of claim * Paid sealing same, including order. Making copy to leave at Chambers Or per folio ..... Copy for service, each .... Or per folio, each Service of same on each solicitor . Attending summons when order made . Xotice of order Preparing summons to amend -writ, and attending at Chambers to get same sealed Paid sealing same ...... Making copy to leave at Chambers Or per folio Copy for service Or per folio Service on each solicitor .... Attending summons when order made . Attending for same, and to get same entered . Attending amending writ .... Paid amending same ..... Copy amended writ for service, beyond 2 folios, at per folio ..... Service of same on solicitors for the defend- ants who had appeared, each (If some of the defendants have not appeared, charge the same for service as before.) Engrossing statement of claim (folios ] 0) Making copies of statement of claim for delivery, at per folio each .... If the statement of claim is 10 folios or more, charge making copy statement of claim for the printer at per folio .... Lower Scale. Higher Scale. £ 6'. d. £ S. d. - - •> - - 2 - 3 4 - G 8 - 1 - - 1 - - 13 4 2 2- - 10 - - 1 - 3 - - G - - 2 - - - 4 - - 1 - - - 4 - 2 G - G 8 - - 4 -34 - - 4 - - 4 1 - 1 - -4 - - 4 G 8 - 6 .8 4 G 2 4 6 (5 8 G - 2 - - 4 2 _ - 4 2 6 G 8 4 - - G 8 •> _ 2 4: G _ 2 4 6 G 8 - G 8 G S - () 8 G S - 13 4 2 G _ 2 6 2 G - 2 6 3 4 - 4 - 4 * A consent to extend the time should first be applied for. charge for summons, &c. See Order 65, Rule 27 (24). If refused. C D.— Plaintiff's Costs.'] Gl Examining and correcting proof at per folio . Paid printer's charges (minus , the amount received for copies) Copy statement of claim to deliver at per folio Attending to deliver, each copy at , Attending summons for time, to deliver state- ment of defence when order made ''■'■ . Notice of Order Perusing statement of defence Or per folio .... If agency, close copy print . If written .... Paid defendant's solicitors for copies : 1 - copy Id., others at M. Instructions to amend statement of claim (This allowance may be increased by the Taxing Master.) Drawing amendments Or per folio ....... Attending Mr. with same to settle . Paid fee to him and clerk .... Attending counsel for same when it appeared by his opinion on settling amendments he required further information. If agency, charge making close copy opinion, at per folio On obtaining the information counsel re quired, attending appointing conference with him to finally settle amendments Paid conference fee to him and clerk Attending conference when amendments were finally settled Inserting amendments in original . Or per folio Copy amendments for printer at per folio Examining and correcting proof of the whole print, at per folio . . . . . Paid printer's bill (minus received for copies) Copy amended statement of claim for delivery, at per folio of amendments (If amended in Avriting charge.) Inserting amendments . . . . . Or per folio ....... Attending to deliver each copy Defendant having amended his statement of defence, perusing reprint . . . . Or per folio of amendment, at per folio . If amended in writing, perusing same Or per folio ....... Lower Scale. Higlier Scale. £ s. d. £ s. d. - 2 - - 3 3 4 - G 8 6 8 - G 8 4 - - 4 - (J 8 - 13 4 - 4 - - 4 - 2 - - 3 - 4 - - 4 - G 8 13 4 - 5 - - 10 - - 1 - - 1 - - 3 4 -08 1 3 G 1 3 G - 4 - 3 4 - G 8 1 G - 1 G - - 13 4 - 13 4 - 1 - - 5 - - - 4 - - 4 - - 4 - - 4 - - 2 - - 3 1 - - - - 4 - - 4 3 4 - 6 8 G 8 - 13 4 - 4 - - 4 G 8 - G 8 _ 4 - - 4 • See Order 65, Rule 27 (12), as to special allowances for attendances at Chambers in cases of difficulty. As to special summonses, charge 13s. 4d. on the Lower Scale, and £1 Is. on the Higher Scale, in lieu of 3s. and 6s. Sd. See Appendix N., 19 and 20. C. D.— Plaintiff's Costs.'] 02 Lower Scale. Higher Scale. Instructions for reply . . . , . - If defendant sets up a counter-claim, instruc- tions for reply .....,_ Drawing reply . . . . , . - Or i)er folio - Attending Mr. with same to settle . - Paid fee to him and clerk .... 2 If written, making copies of reply for delivery, at per folio - Attending to deliver each copy . . . - If printed, making copy of reply for the printer, at per folio . . . . , - Examining and correcting proof, at per folio . - Paid printer's charges (minus received for copies) ....... ►Sittings' fee . . . . . . . - If agency, letters, &c - HILARY SITTINGS. 1895. January. Perusing joinder of issue . . . . - Notice of trial, copy and service . . . - Copy and service of same on the other sohcitors, each ......,.- Instructions for counsel to advise on evidence. - Or not to exceed . . . . . . - Attending Mr. with same . . - Paid fee to him and clerk . . . .3 Attending defendant's solicitors, obtaining con- sent to take evidence by affidavit, each solicitor .....,.- Preparing notice to produce and 1 copy. . - Or per folio ........ Each copy, such allowance as the Taxing Master shall think proper, not exceeding, per iblio - Service of same upon each solicitor . . - Preparing notice to admit and 1 copy . , - Or per folio ........ Each copy, such allowance as the Taxing Master shall think proper, not exceeding, per folio ......,- Service of same upon each solicitor . . - Attending, giving inspection of documents proposed to be admitted . , . . - Or per hour ,......- Fair copy plaintiff's notice to admit, per folio. - Attending defendant's solicitors on their signing admissions . . . . , - Perusing defendant's notice to inspect . . - The like notice to admit . . . . - Attending, inspecting defendant's documents proposed to be admitted . . . . - G 8 - 13 4 s. d. £ 5. d. (5 8 - 13 4 13 4 1 1 _ 5 - - 10 - 1 - - 1 - S - (5 8 4 G 2 4 6 — 4 _ _ 4 3 4 - G 8 _ 4 _ _ 4 - 2 - - 2 15 1.5 G ~ — G — G 8 13 4 4 - - 4 - 2 G _ 2 6 G 8 - G 8 13 4 1 1 - G 8 - i; 8 5 G 3 5 G () 8 _ (') 8 5 - - 7 G — 8 - 1 - 4 4 2 G - 2 G 5 - - t 6 — 8 - 1 - 4 4 2 G - 2 6 G 8 _ 13 4 G 8 - G 8 - 4 - - 4 G 8 _ 13 4 G 8 - 13 4 G 8 - 13 4 a D.— Plaintiff's Costs.'] G3 Or per hour Attending defendant's solicitor, signing ad- missions ....... Instructions for affidavit of plaintiff, verifying the statement of coQiplaint * (The Taxing Master is authorised to in- crease this allowance if he thinks fit.) Drawing same, folio at per folio . (Charge for any further atfidcivits that arc necessary to prove the plaintiff's claim.) Attending Mr. with same to settle Paid fee to him and clerk Engrossing affidavit at per folio If exhibits, preparing exhibits, each Attending deponent to be sworn to same Paid Commissioner taking deponent's oath Paid him marking exhibits, each . Making copy affidavit to be marked as i office copy, at per folio Paid filing affidavit .... Paid for office copy, at per folio Making copies of affidavit for the printer, at per folio Examining and correcting proof . Paid jjrinter's charges (minus received for copies) ...... Notice of filing same, copy and service . The like on solicitors for tlie other defendants, each (If there are, however, 3 deponents to an affidavit, and they reside at different places and cannot be sworn to at the same time, charge for attending to be sworn, preparing exhibits and paid Commissioner for taking their oaths, and marking exhibits, as above.) (If the solicitor has to go a long distance for getting the affidavit sworn to, the fee for attending to get deponents sworn may be increased, and if sent to agents for same to be sworn to, charge for writing to agents and paying their charges.) Paid for copy affidavit of defendant filed in reply, at per folio . . . . . Perusing same ...... If agency, close copy, if written If printed ....... Making brief copy of defendant's affidavit for counsel to advise on, at per folio Lowei- Scale. £ 6'. d. - 8 - G 8 8 1 - Higher Scale. £ S. d. - G 8 13 4 G 8 1 - , - G 8 - G 8 2 4 G 2 4 6 . - - 4 - - 4 . - 1 - - 1 - . - G 8 - G 8 . - 1 6 - 1 6 . - 1 - - 1 - _ 4 _ _ 4 . - 2 G - 2 G - 2 - - 2 _ 4 _ _ 4 . - - 2 - 2 - 4 - 2 Q - - 4 - - 4 - - 4 _ _ 2 - - 4 2 6 * Add charges for correspondence or attendances on defendant's solicitors agreeing to evidence being taken by atiidavit. See Order 87, Rule 1. - - C. D.— Plaintiff's Costs.'] CI Lower Scale. Higher Scale. £ S. (I. £ S. d. Attending Mr. with same . .-34 - 6 8 Paid fee to him and clerk . . . . I 3 G 1 3 G (Charge for any further affidavits filed on behalf of plaintiff in answer to defendant's affidavit.) OVhen evidence is taken orally, or parties who had made affidavits had received notice to cross-examine them on same on the hearing of the action, charge attending upon the different witnesses, and these attendances will be, accord- ing to circumstances, considered by the Master, as to the allowance for instruc- tions for brief.) Preparing subpcDena duces tecum . . . - G 8 - G 8 If more than 4 folios, for each folio beyond 4-14 - 1 4 Paid sealing same . . . . . . _ 5 _ _ 5 Making copy of same for service . . . - 1 _ _ j If more than 3 folios, for each folio beyond 3 - Service of same ..... Preparing subpoena ad testificandum for and others . . . , . ._gg_(;f^ Paid sealing, not exceeding 3 persons . . - 5 - - .5 - Making copy for same for service . . . - 1 - - 1 - Service of same _5__5_ If the parties who are subpoenaed reside beyond 2 miles from the solicitor's place of l)usines8, serving same for each mile beyond the 2 miles therefrom . . . _ 1 _ _ 1 _ If the subpoena is sent to an agent to serve same, writing to agent with same for service - 3 6 - 3 G Paid his charges. Attending defendant's solicitor, obtaining his consent to set down action as short, each solicitor Drawing minutes of decree, at per folio . Attending Mr. with same to settle . Paid fee to him and clerk .... Making copies of proposed minntes for defendant's solicitors, at per folio, each . "Writing to them with same, each solicitor Perusing defendant's solicitors' alterations in the minutes, and considering same . .-68 - 6 8 Subse(|uently attending and conferring with them thereon, and agreeing thereto, each solicitor _6 3_68 Making 2 copies of minutes, as agreed, for the Judge, at per folio . . . . . - - 4 - - 4 ]\Taking 2 copies of writ for the Judge, at per folio .--4__4 The like 2 copies of statement of claim . . - - 2 - - 3 If amended in writing, charge inserting amendments, in each print . . . - 1 - - 5 - G 8 - 6 8 1 - — 1 - G 8 - G 8 4 G 2 4 G _ 4 _ _ 4 3 G - 3 6 C. D.— Plaintiff' s t'os/s.] 65 Lower Scale. Higher Scale. Or per folio If statement not printed, at per folio The like 2 copies statement of defence, if printed, at per folio .... If amended in writing, charge inserting amendment, in each print . Or per folio If statement of defence not printed, at per folio • The like 2 copies of reply, at per folio . If printed, at per folio .... The like 2 copies of joinder of issue, per folio If printed, at per folio . . Copy notice of trial, per folio . Attending setting down action Paid on setting same down . Attending Judge with papers Attending counsel to procure certificate that action proper to be heard as a short action, and on the Registrar to mark same Instructions for brief* (If witnesses are examined or cross- examined, the Taxing Master has power to increase this charge according to the number of witnesses to be examined or cross-examined.) Drawing brief, at per folio .... Making 2 copies of same for counsel, at per folio each ....... Making 2 copies of writ of summons for counsel, at per folio each .... The like 2 copies of statements of claim and defence for counsel, at per folio each (print) If amended in writing, charge inserting amendments, in each print Or per folio each ...... If statement not printed, at per folio each The like 2 copies of printed evidence filed on behalf of plaintiffs and defendants for counsel, at per folio . . . . . The like 2 copies of reply for counsel, if printed, at per folio each .... If written, at per folio each .... The hke 2 copies of joinder of issue for counsel, if printed, at per folio each . If written, at per folio each . . . . The like 2 copies of notice of trial for counsel, at per folio each . . . . . The like 2 copies of plaintiff's notices to admit and produce for counsel, at per folio each ........ The like 2 copies of defendant's notices to - 1 - 1 d. £ s. d. 4 - - 4 4 - - 4 - 4 - 4 See Order 65, Riile 27 (3), p. 15. - - 4 - - 4 - - 4 - - 3 - - 4 o - — fj - - 4 - G 8 C. 8-68 - - 3 - - 4 - — — o - 3 - 4 - 3 - 4 - 4 - - 4 J.C. C. D.—Plainilff's Costs.l 6G admit and produce for counsel, at per folio each ........ The like 2 copies of documents and corre- spondence referred to in the pleadings for counsel, at per folio each .... The like 2 copies of proposed minutes for counsel, at per folio each .... Attendini-: Mr. , Q.C., with brief and papers '■■ ....... Paid fee to him and clerk .... Lower Scale. Higher Scale. £ S. (I. £ S. d. - - 4 - - 4 - 4 - - 4 -08 - 13 4 Attendintr INIr. with brief and papers - 6 8 - 13 4 Paid fee to him and clerk Attending; Mr. , Q.C., appointing con- sultation ....... Paid fee to him and clerk .... Attending Mr. appointing consulta- tion ........ Paid fee to him and clerk .... Attending consultation ..... Having been served with notice to produce certain documents on the hearing of this action, writing to Mr. requesting him to have them ready in Court to be produced ....... Writing to j\[r. , a witness, and in- forming him that the action was not in the Judge's list for to-morrow .... Sinilar letters to the other witnesses Writing to Mr. informing him the action would be tried to-morrow, and re- questing him to attend Court on his subpcuna ....... Similar letters to the other witnesses Attending Court, action in list but not reached, each day ..... Attending Court, when action in list and partly heard ...... Or according to circumstances, not exceeding Sittings fee . If agency, letters, &c. ..... 8 - 8 7 - 2 7 - 3 4 - G 8 3 1 3 6 13 4 - 13 4 - 3 - 3 - 10 3 1 10 3 4 1 1 3 - 3 3 5 - - 15 - - 6 EASTER SITTINGS, 1895. Attending to refi*esh Mr. — Paid fees to him and clerk Attending to refresh Mr. Paid fee to him and clerk Attending Court, action in paper made for inquiries at Chambers Or according to circumstances, not exceeding Q.C. - 6 8 - G 8 2 4 6 2 4 G - 3 4 - G 8 1 3 C) 1 3 G and order - 13 4 1 ] - exceeding 3 3 - 3 3 - * For the charges for attending coixnsel with brief see p. 33, and for counsel's clerk's fees, p. 23. C. D.—riaintiff's Costs.'] 67 Attending Rep,istrar with brief and papers and bespeaking draft order. Close copy draft order, at per folio Notice to settle, copy and service . The like to other solicitors, each . Attending settling same. Or at Taxing Master's discretion, not to exceed (In case the Registrar shall certify that a special allowance ought to be made, the Taxing Master is to make such allowance to all or any of the parties as to him seems just.) Attending to file a print or copy of all pro- ceedings Notice to pass same, copy and service . The like to other sohcitors, each . If order printed, to solicitor having carriage of order, attending examining proof Paid for order Attending passing same .... Copy orders for the Taxing Master, at per folio Attending to certify and for reference to Taxing Master ...... Drawing bill of costs and copy, folios , and summary, folios , together folios , at per folio Preparing and copy statement as to parties for him ....... Attending taxing plaintiff's costs, at per 25 folios or fractional part (If entitled to attend the taxation of other costs.) Paid for copy defendant costs, at per folio . Attending taxing same, at per 25 folios or fractional part ...... (Charge in like manner for any other costs.) Transcribing certificate ..... Paid stamping same ..... (If costs paid out of fund in Court, leave out the 10s.) Attending to file and get office copy marked . Paid for office copy, per folio Sittings fee . If agency ....... Letters, messengers, posts, &c., from to (If witnesses are examined or cross- examined on their affidavits, and the examination was commenced and ad- journed, charge.) Drawing observations for counsel on the result of the examination, at per folio . Making 2 copies of same for counsel, at per folio Attending Mr. , Q.C., with same Lower Scale. Higher Scale. £ S. d. £ 6-. d. - G 8 _ G 8 - - 4 - - 4 - 4 - - 4 - _ 2 G - 2 6 - 6 8 - I'd 4 1 1 - 3 3 - 4 - 2 G 1 - - - G - - 8 6 8 G 8 4 - 2 (5 6 8 - G 8 - 13 G 8 - G - 6 f2 2 G - 2 G 6 8 - - 4 - G 8 - C> ^ 2 - - 2 - 10 - - 10 — G 8 - 6 8 - 2 - - 2 15 - - 15 - G - - 6 - 1 - - 1 - C. D.—PIainfif's Costs.'] 68 Lower Scale. HiKhev Scale. Paid fee to him and clerk Attending Mr. with same Paid fee to him and clerk A.ttendino- Mr. consultation Q.C., appointing Paid fee to him and clerk .... Attending Mr. appointing consulta- tion ........ Paid fee to him and clerk .... Attending consultation ..... Paid the following witnesses : — (Set out names, addresses, profession, or occupation, number of days of attendance in Court, and traveUing expenses.) Summary of Bill. G 8 (/. 8 6 G 8 3 4 - G 8 ;', f) 1 8 G b 4 - 13 4 Page. 1 Taxed off. Payments. Amount of Bill. 3 Taxed off If costs not paid out of fund Paid ad valorem duty . PLAINTIFF'S COSTS AFTER JUDGMENT. — PRE- LIMINARY INQUIRIES AS TO NEXT-OF-KIN, ADVERTISEMENTS FOR CREDITORS, ETC., CER- TIFICATE AND FURTHER CONSIDERATION. EASTER SITTINGS, IS . 18 . April. Making copy decree for the chief clerk, fo. , at per folio Summons to proceed thereon ..... Paid sealing ........ Making copy summons for Chambers Copy and service on each solicitor .... Attending summons when directions given as to the parties who were to attend and who were to answer the inquiries, and advertisements were directed to be issued. If preliminary inquiries as to next-of-kin — Attending at Somerset House searching for and bespeak- ing certificate of marriage of and Paid tor search and cojiy certificate . . . . . Attending at searching for and bespeaking certificates of births or baptisms of and and certi- ficates of deaths of and . . . . Lower Scale. £ s. d. - - 4 - 3 - - 3 - - 13 4 C, n. — PJainfif's Costs.'] G9 £ s. d. Paid for search and copy certificates . . . .-72 (AVlien certificates are obtained from Somerset House the Taxing Master allows generally 18.5. \d. for searching for 3 certificates, excepting the solicitors can show that in consequence of not being able to obtain exact dates of marriages, baptisms and deaths, and then it would depend upon the time occupied.) Attending at other places in London searching for certifi- cates of marriages, baptisms and deaths, and obtaining same .....••••• (The charge for this will depend upon the number of places you have to search, and the distance yon have to go.) Paid for searches and certificates, each at . . .-37 "Writing to the rector of for certain certificates of marriages, Imptisms or deaths of and . - 3 G Paid for searches and certificates, each at . . .-37 On receipt of claims attending on the defendants and conferring with them, and investigating the claims, and taking their instruction thereon - 13 4 Writing- to the rector of with post-office orders for his charge or charges for same . • • .-36 Paid for post-ofiice order Instructions for afiidavit of identifying the cer- tificates of marriages or baptisms or deaths of .-68 (This charge under special circumstances may be repeated, as very often one person cannot identify all the certificates.) Drawing same, fo. , at per folio Engrossing same, fo. , at per folio Preparing exhibits, each - l Writing 'to Mr. with affidavit accordingly, giving him full directions to be sworn to same, and mclosing the amount of commissioners' fees . . . - 5 Paid commissioners for taking deponent's oath. . . - 1 Paid for jnarking exhibits, each - 1 (If the affidavit is sworn in London, instead of charg- ing writing to the deponent, charge.) Attending deponent reading over affidavit, and attend- ing with him before a commissioner to be sworn to same ....•••••• Making copy of this affidavit to be marked as an office copv, at per folio. . . • • • • . - - 4 Paid filing affidavit " ^ ^' Paid for office copy, at per foHo Xotice of filing same, copv and service .... The like on other solicitors for the parties entitled to attend, each at ....••• • (In some cases there is a great difficulty in getting persons who could identify the certificates, in such cases charge for the nece'ssary attendances on the persons who can prove same.) - 1 - - - 4 6 8 2 - 4 - -26 C. D.— Plaintiff's Costs.'\ 70 Drawing pedigree, at per ring ...... (Sometimes this charge will be allowed to be increased by the Judge.) Making fair copy for the chief clerk, at per ring Attending adjourned summons before the chief clerk as to the inquiry as to the next-of-kin, when he gave directions for decree to be served on parties beneficially interested . (If the chief clerk is not satisfied with the evidence in support of the pedigree, charge for the necessary attendances to obtain further information respect- ing same, and also for further evidence.) Drawing notice of decree, at per folio .... Indorsing same, at per folio . Service thereof ........ (If sent to an agent in the country, charge.) Writing to Mr. with same, and with instructions as to service of same ....... Writing to Mr. with his charges for serving same .......... Paid liis charges ........ (The same charges for writing to other agents.) Drawing and engrossing affidavit of service, at per folio Preparing exhibit Making copy notice to exhibit, at per folio Paid commissioner taking deponent's oath and marking exhibit ........ Paid filing affidavit ...... Making copy to be marked as an office copy, at per folio Paid for office copy, at per folio .... Preparing advertisement for creditors and attending to get same approved and signed ..... Paid stamping same ...... Making copies of same for insertion, together fo , at per folio each ..... Attending office inserting same .... Paid for insertion and copy Gazette .... Attending to insert same in other papers, each at Every 2 when it is the lower scale .... Paid for insertions and copies of papers . Paid for copy affidavit of defendant C. D. and account, fo , at per folio ...... Perusing same, at per folio ..... If agency, copy at per folio Notice of appointment obtained to proceed on defendant's accounts, copy and service upon his solicitors The like for every notice on solicitors after the fii*st each ......... Attending plaintiff going through account and taking down his observations on same and his instructions to oppose certain allowances ...... Paid for copy affidavit of in support of claim for £ , folio , at per folio Perusing same, folio , at per folio .... £ s. d. 1 - 1 4 5 — 3 C 3 G 1 1 - - 4 2 (5 2 G - 4 _ 9 - G 8 - 4 G 8 G 8 - 4 - 4 - 4 4 - 2 G •G 8 - 4 - 4 C. D.— Plaintiff's Costs.'] '1 £ s. - 15 - 6 If agency, close copy, folio , at per folio (Here charge for any affidavits or other evidence in opposition which may be used.) Attending before chief clerk on accounts and inquiries when all parties were found to have been served with notice of decree, and taking appointment to proceed on accounts ......... Term fee .....••• • If agency, letters, &c TRINITY SITTINGS, 18 . 18 . 3{ai/. Paid defendant's solicitor for copy affidavit of defendant as to real estate, folio , at per folio Perusing same, at per folio Paid for copy account, fo. , at per folio Perusing same, fo. at per folio . If agency, close copy, at per folio . Attending junior clerk proceeding on accounts when same partly proceeded with ...... Attending farther appointment when accounts settled Copy draft general certificate, at per folio Close copy, at per folio Attending settling draft certificate .... Attending further appointment finally settling certificate Transcribing same, folio , at per folio Paid ad valorem fee on taking accounts (when the amount found to have been received without deducting any payment shall not exceed £200) Where such amount shall exceed £200, for every £100 or fraction of £100 Attending to sign certificate ..... Attending filing and to get copy marked as office copy Making copy to be marked as an office copy, at per folio Paid for office copy, at per folio .... Summons to vary certificate and attending at Chambers to get same sealed Paid sealing . Copy summons for Chambers The like for service, each Or per folio . Service thereof on each party entitled to attend Attending summons to vary certificate ; here state shortly the result of the application Sittings fee . If agency, letters, &c. MICHAELMAS SITTINGS, 18 . 18 . November. Drawing request to set down action on further considera- tion ........... Attending to set same down - Paid on setting down* 2 d. 4 - 2 - - 1 - -68 -68 - - 4 - - 2 -68 - 3 - - 2 - - 1 - - - 4 -26 15 - 6 - 2 6 6 8 If no such fee paid on original hearing, Court fee No. 52. at per ;hief C. D.— Plaintiff's Costs.] 72 Notice of setting down, copy and service on defendant's solicitor ......... The like on solicitors after the first, each If an action heard short, charge for — Drawing proposed minutes of order, at per folio Attending counsel with same to settle . . . . Paid fee to him and clerk ...... Making copy of proposed minutes ibr the dt-fendant's solicitors, at per folio ....... Attending them with same ...... Attending them afterwards and Hnally settling defendant's minutes with them ....... (This charge can be increased according to the length of the attendance.) The like on each of the solicitors of the other defen- dants .......... Making copy decree and certificace for Jud folio ........ The like summons to vary certificate (If this is directed to come on at hearing.) Or per folio ....... Attending Judge's secretary with papers Making 2 brief copies of decree, folio , and clerk's certificate, folio , together folios each for counsel, at per folio each copy . . . . Copies for counsel, including copies of the schedules to chief clerk's certificate, folio , at per folio each (This should only be charged when any (juestioi arises as to the schedule being correct.) Drawing observations for use of counsel on hearing oi further consideration, folio , at per folio . Two fair copies, at per folio each copy Paid fee to J\Ir. , Q.C., with brief on furthe consideration and clerk ..... Attending him ....... Paid consultation fee to Mr. consideration and clerk Attending him .... Paid fee to Mr. on further consideration and clerk Attending him ....... Paid consultation fee to Mr. Attending him ....... Attending consultation ...... Drawing observations on questions to be argued oi summons to vary certificate relating to the allowance of items in the account, folio , at per folio Fair copies, at per folio each copy . Fair copies of the account to enable counsel to understand the objections to certificate, folio , at per folio each .......... Paid fee to Mr. , Q.C., with brief on summons to vary certificate and clerk Attendintr him ........ Q.C., on further £ s. d. - 4 2 G - 1 - 3 1 3 - G - G - 2 - 4 - 4 G 8 - 4 - 4 - 1 - - - 4 i) 10 - - G 8 2 7- - G 8 3 T) 6 - G 8 1 3 G - 3 4 - 13 4 - 1 - - - 4 - G with brief ou suinmons to vary -, Q.C., on summons on summons to C. D.— Plaintiff's Costs.] Paid fee to i\Ir. certificate and clerk Attending liim Paid consultation fee to ]\Ir. - to vary and clerk Attending him Paid consultation fee to Mr, vary and clerk ..... Attending him Attending consultation .... Attending Court, action in list not reached The like on summons to vary certificate . The like this day certificate not varied (This attendance will depend upon what decision the Court may make as to the costs of this appli- cation.) Attending Court, action heard and order on further con sideration made ....... Or according to circumstances, not to exceed . Attending Registrar with brief and papers bespeaking order ......••• Close copy draft order, per folio .... Notice of settling minutes, copy and service on defendant'i solicitor ........ The like upon solicitors after the first, each Attending settling order Or at Taxing Master's discretion, not to exceed Notice of passing copy and service on defendant' solicitor The like on solicitors for other parties who are entitled to attend, each ....... If printed, to the solicitor having carriage of order, attend ing to examine proof ...... Paid for order Attending passing same Making copy order for the Taxing Master, at per folio Drawing bill of costs and copy, folio , and summary folio , together folios , at per folio . Attending at Taxing IMaster's Office therewith and for appointment of Taxing Master Attending taxing costs, at per 25 folios or a fractional part Paid for copy of costs of parties entitled to attend, each, at per folio .....•••• Attending taxing same, at per 25 folios or a fractional part Transcribing certificate ....... Paid stamping same ....... (If costs to be paid out of fund in Court leave out this item.) Attending to file same and bespeak office copy . Paid for office copy If the costs are to be paid out of fund in Court charge for— Attending the Registrar bespeaking direction for sale of fund £ s. d. 2 4 -08 2 7- -08 1 ?> - ?> 4 - 13 4 - lU - -08 13 4 3 - 8 - 4 4 - 2 8 1 - 4 - 2 8 8 - 4 8 8 - 4 8 o _ 8 3 - 8 C. D.— Plaintiff's Costs.'] 74 Attending the Paymaster-General with direction for sale of the fund ......... Attending at the Paymaster-General's bespeaking cheques for payment to creditors or parties entitled to the residue of the fund of payment of costs. Attending Mr. , and identifying him on his re- ceiving his cheque ....... (The like charges for other creditors, &c., but if they receive their cheques on the same day the charges according to the number may be increased.) Sittings' fee If agency, letters, &c Letters, messengers, &c. ....... & s. d. G 8 -68 G 8 15 6 3. PLAINTIFF'S COSTS.— ACTION FOR INFRINGEMENT OF PATENT. ORDER FOR INJUNCTION. HIGHER SCALE. The Patents Company, Limited, Plaintiffs, AND C. D. and E. F., Defendants. The Bill of Costs of the plaintiffs to be taxed on the Higher Scale as between party and party under the judgment dated the day of 189 . HILARY SITTINGS. March ISlh. Instructions to sue* ..... Preparing and issuing writ of summons* Preparing indorsement ..... Paid issuing ....... Drawing notice of motion for injunction (folios 6) Preparing instructions to counsel to apply for leave to serve the notice of motion with the writ Paid fee to Mr. therewith and clerk Attending him 3farch Idth. Attending Court, leave given Making copy writ for service Attending obtaining undertaking to appear Making copy of notice of motion for service Service thereof ..... Instructions for affidavit of Mr. support of the motion for injunctions- Drawing the same (folios 27) Engrossing ...... Markimr "2 exhibits .... d. £ - 10 - 1 3 6 s. 13 13 5 d. 4 4 - 6 - - 10 - -68 - 13 4 - 2 - -68 - 2 - - 2 Q -68 1 7 - - 9 - - -^ - * As to this charge and all those marked with an asterisk see p. 15, Taxing Officer's power to increase allowances, under Order 65, Eule 27 (1), (3), (4). C. D.— Plaintiff's Costs.'] £ s. d. Attending; Mr. to be Bworn Paid oath and exhibits Paid fihng ....... Office copy. Instructions for special affidavit* of ]\Ir (Charge drawing, engrossing, etc., as ante.) Notice of filing the affidavits, copy and service March 24th. Attending at the Patent Office for and obtain- ing 4 copies of specification and 3 copies of specification Paid for same Ilarch 25th. Instructions for brief on the motion for injunction .... Drawing the same (at Is. per foh'o). Making 3 copies thereof for counsel (at Ad. per folio). The like writ The like notice of motion ... The like affidavits (at -id. per folio each copy) Paid fee to Mr. , Q.C., with brief and clerk ...... Attending him Paid consultation fee to him and clerk . Attending him appointing consultation . Paid fee to Mr. with brief and clerk Attending him .... Paid consultation fee to him and clerk Attending him appointing consultation llarch 27th. Attending consultation . April 12 th. Paid ]\Iessrs. — tors, for copy - 2 -42 16 , the defendants' solici- affidavits in opposition to motion for injunction ; perusing the same ; paid defendants' solicitors for copies of the exhibits C. D. 1 and 2 Sittings' fee 8 13 - 13 6 -14 d. 8 1 1 - - 4 - 6 8 1 1 - 13 4 - 6 - 13 4 6 8 - 13 4 15 - EASTER SITTINGS. April 15 th. Instructions for 4 affidavits* of in reply (Charge drawing, &c., as ante.) Paid defendants' solicitors for copies of further exhibits (C. D. 3, C. B. 4) . . Several attendances at Mr. 's office, to get him sworn to his affidavit, but he was away unwell, and ultimately attending on a commissioner to arrange an appointment to -74 -68 C, D.— Plain fif's Costs.'] 7G proceed to Finehley to swear Mr. to his affidavit, and attendance at Finehley accordingly" Paid commissioner . . . . . Paid filing Office copy Making copies of the 5 cxhiljits to Mr. 's, affidavit for counsel. Making 1 copy for the scientific witnesses. Paid defendants' solicitors for copy affidavit of (folios 59) Perusing the same ..... Making copies of affidavits for counsel (at 4(1. per folio each copy). Paid fee to My. , Q.C., with further papers and clerk .... Attending him ..... Paid consultation fee to him and clerk . Attending him ..... Paid fee to Mr. , Q.C., with further papers and clerk .... Attending him Paid consultation fee to him and clerk . Attending him with further papers cL £ s. d. - 19 8 21 15 - IG tools A];)ril 11 th. Paid fee to Mr. and clerk ..... Attending him .... Paid consultation fee to him and clerk Attending him .... April -I-ith. Attending the consultation at Mr. Q.C., chambers, on the various exhibited Attending Court on the motion for injunction when leave was given to set the case down at once, notwithstanding that the pleadings were incomplete, and Mr. Justice appointed it to be heard on the first witness cause day after the AVhitsun vacation . Making 2 copies of the writ for setting down the action for trial .... Attending setting down the action Paid . Instructions for statement of claim''' Drawing the same (folios 26) Paid fee to Mr. to settle, and clerk Attending him ..... ]\Iaking copy of statement of claim for printer .... Attending to deliver same Examining and correcting proof Paid printer .... 2 4 G 11 - 13 6 2 - - 5 10 11- 17 6 - 19 1 1 - G - 13 - 6 - 13 - 6 - 13 2 2- - 4 - - (S S 2 2- 1 G - - 13 4 - 6 4 4 1 5 C, D.—riainflff's Costs.'] £ s. d. £ s. d. 8 13 4 13 4 10 - G 8 G 8 Attending defendant C. D. on his calling to inspect tools when arranged for him to call again, as one of the tools was with Sir F. B. - G 8 Attending defendant C. D. on his calling later and inspecting the tools .... Perusing defence ...... Paid for additional copies . . . . - 17 - Instructions for reply ..... Drawing same ...... Fee to Mr. to settle, and clerk .246 Attending him Attending at the Patent Office and obtaining G copies of specifications .... Paid for same - 12 - Making copies of both specifications and di-awings for the printer .... 33- Attending printer ordering 5 copies of both specifications with the drawings to be printed ....... May Wi. Examining and correcting proof of the reprint of the specifications and drawings . . 11- Paid printer's charges . . . . . 7 6 G 2Iay Uth. Attending at the Patent Office and obtaining copies of various specifications ... - C 8 Paid for same . . . . . . - 4 10 Making copy of reply for printer (folios 7) Examining and correcting proof . Paid printer, less received from the other side Making copy of reply for service . Attending to deliver same .... Notice of trial, copy and service Making 2 copies of statement of claim on setting down action for trial (folios 2G each) The like defence (folios 37 each) . The like reply (folios 7 each). The like notice of trial (folios 3 each) . Attendance with the above papers . Jlai/ ISfk. Paid for G further copies of defence . .-93 Instructions to counsel to advise on evidence . 11- Paid fee to ]\Ir. therewith and clerk attending him ...... - 13 4 Jlay ?AWi. Making 3 copies of the usual form of licence to nsers of the patent , showing in red ink how the form stood before the dissolution of the partnership between the defendants, and adding explanatory notes in each of the copies for the use of counsel . 110- Sittinus' fee ...... . - 15 - 2 4 1 2 G 8 4 - 13 _ 18 6 3 G 9 _ C. D.— Plaintiff's Cusls.^ 78 TRINITY SITTINGS June dth. Drawing notice to produce, and copy Service thereof ..... Drawini; notice to admit (folios 15) Copy for service ..... Service thereof ..... Paid for certified coi)y of the res^istcr of the patent of . Paid for office copies of deeds bespoken at the Patent Office Instructions for brief* .... Drawing same (folios 280) Making 3 copies thereof for counsel (folios 355 each) The like writ The like statement of claim (folios 26 each) The like defence (folios 37 each) . The like reply (folios 7 each) . The like notice of trial .... The like plaintiffs' notice to produce The like to admit (folios 15 each) . The like correspondence (folios 136 each) The like correspondence, relied on by defend- ant C. D., and included in the notice to admit and produce (folios 86 each) The like report of Sir F. B. (folios 62 each) . The like diagrams thereto . . . . In consequence of the plaintiff company's title having been dis])uted in the defence, draw- ing abstract of the whole of the deeds registered against the patent, or which in any way affected the title, and showing the position of the letters patent. No. Making 3 copies thereof for counsel, equal to 11 sheets each ...... Notice to the defendants' solicitors to produce the exhibits to the defendants' affidavits, in opposition to the motion for injunction Paid fee to Mr. , Q.C., with brief and clerk ....... Attending him ...... Paid consultation fee to him and clerk . Attending him to appoint consultation . d. £ 1 4 (U n 10 - 2 G 15 - 5 - 2 G b-J 10 — 14 - - 17 15 _ - G - - 1!) G 1 7 i) - 5 3 - 3 - _ 15 _ (; IG - 4 6 3 2 - 5 5 - 10 - G S -, Q.C., with l)rief and June Vdth. Paid fee to Mr. clerk ..... Attending him .... Paid consultation fee to him and clerk Attendintr him .... 3 IG 2 -2 - - G 8 * This is discretionary aud dependent on tlie number of witnesses, the difficulty in getting up the case, and other circimistances, which should be stated shortly. C. D.— Plaintiff's Cosfs.^ £ s. with brief and clerk 32 10 Paid fee to Mr. Attending him .... Paid him consultation fee and clerk Attending him .... Preparing and issuing 3 subpoenas Paid stamps Making 15 copies of the subpoenas for service Service on Sir F. B. . The like 14 other witnesses (5s. each). Jtme 20th. Perusing defendants' notice to produce . Making 3 copies thereof for counsel Perusing defendants' notice to admit Making 3 copies thereof for counsel Attending at defendants' solicitors inspecting the documents . . ■ . Writing to the several witnesses that the trial was definitely fixed for the instant, in all 15 letters Perusing defendants' further notice to produce Paid defendants' solicitors for copy correspond- ence bespoken by us June 23rd. Attending the consultation with counsel Attendance on counsel severally to appoint further consultation ..... Paid consultation fee to Mr. , Q.C. . The like Mr. , Q.C. . The like Mr. . Attending consultation at the Royal Courts . Attending Court all day : case part heard and adjourned ...... Clerk's attendance with the witnesses June 24:th. Refresher fee to Mr. Attending him Refresher fee to Mr. Attending him Refresher to Mr. ■ — Attending liim Attending Court all day : case part heard and adjourned Clerk's attendance with witnesses Ji(?i(} 2bth. Refresher fees (as ante). Attending Court all day : case part heard and adj(jurned until the 30th instant Clerk's attendance with witnesses . Perusing defendants' further notice to produce Having received notice to produce a letter of the from Mr. to defendant E. F., making copy and writing to the -, Q.C. -, Q.C. 3 G - 15 - 1 8 8 s. d. 1 1 - 1 G 8 15 — 5 — 13 4 - 6 - - 13 4 1 — - 11- 1 4 C, - 13 4 - 13 4 - 13 4 2 7 - 2 4 6 1 3 6 - 13 3 3 - 10 4 G LI - - - 13 4 7 12 - - 13 4 5 10 - 13 3 3 - 10 4 G 3 3- - 10 G - 13 4 C. D.—riainfiff's Costs.'\ 80 £ s. il. £ defendants' solicitors therewith and attend- ance Iilaking copies of further correspondence for counsel (folios 58 each) .... Jnne 20lh. Attending counsel severally appointing con- sultation for to-morrow morning (Paid consultation fees and refresher fees and attendances on counsel, as ante.) June ?>Olh. Attending Court all day : case part heard and adjourned ...... Clerk's attendance Ji/Jij Isf. (Refreshers to counsel, &c., as ante.) Attending Court when case concluded judgment reserved till Tuesday Clerk's attendance .... and Juhj Qth. Preparing instructions to counsel to attend on judgment and copies Paid fee to Mr. Attending him Paid fee to Mr. Attending him Paid fee to Mr. Atteudino- him -, Q.C. -, Q.C. given minutes of Attending Court when judgment the plaintiffs Attending Registrar bespeaking judgment Making a copy thereof (folios 14) Notice to settle copy and service Attendances on settling Notice to pass copy and service Paid stamp on the order Attending passing- Making a copy of the order for Master (folios 14) Attending for reference to Master Drawing this bill of costs and copy Attendances on taxing* Transcribing certificate Stamp thereon Attending to tile and for ottiee copy Paid .... Sittings' fee . Letters, messengers, coach-hire an expenses throughout the business not other wise charged Paid witnesses for the Taxinff (folios incidental 3 5 6 2 4 G - 10 - — o — -68 2 18 - - 13 4 3 3 - 10 3 3- - 10 6 1 - - -68 -68 -68 1 1 - - 6 8 -48 - 4 - 2 2- - 4 - 1 - - - 13 4 -48 -68 2 2- - 6 8 - 15 - CD.— Plaintiff's Costs.'] 81 4. PLAINTIFF'S COSTS OF ACTION FOR INFRINGEMENT OF PATENT : LOWER SCALE. MICHAELMAS SITTINGS, 1891. October 2bth. Instructions to sue* AVrit of summons . Indorsement of claim Paid fee Copy writ for service Writing with original and copy writ and obtaining acceptance of service by de- fendant's solicitor ..... Attending for and obtaining prints of specifi- cation No. of 188 Paid for same ...... December bth. Attending obtaining 3 weeks' fuither time to deliver statement of claim Paid fees for 2 searches at Patent Office Instructions for statement of claim and par- ticulars of breaches ..... Drawing statement of claim (folios -t) . Fee to Mr, and clerk to settle Attending him December 5th. Drawing particulars of breaches Fee to Mr. and clerk to settle. Attending him ...... Paid for prints of specification for counsel December 10 th. Copy statement of claim for printer (folios 4) The like particulars of breaches (folios 4) Examining proofs ...... Paid printer's charges, less received for prints December 12 th. Prints of statement of claim and particulars of breaches for service .... Attending to deliver December 20th. Attending defendant's solicitors giving con- sent to o weeks' further time to deliver defence ...... Sittings' fee ...... . £ s. d. £ 10 -12 - 2 - 2 4 6 2 4 6 - 1 11 s. d. 6 8 6 8 5 - - 2 - -68 -68 -68 11- - 10 - -68 6 15 * See Note, p. 74, as to Taxing Officer's power to increase the allowances- there referred to. J.C. C. D.—riaJntiff's Costs.'] 82 HILARY SITTINGS, 1892. 1892. Januaru Uth. £ s. d. £ s. d. Attending defendant's summons for further particulars, order made .... - 13 4 Close copy minutes of order (folios o) . . _ i 3 Attending settling ..... - 6 8 Notice of intention to apply to have the sum- mons for particulars placed in the Judge's list _ 4 _ January 22nd. Attending before chief clerk on application, leave granted ...... _ g 3 Attending inserting summons in Judge's list for ]\Ionday next, and notice thereof , . _ 4 _ Drawing brief to counsel on summons (folios 11) - 11 - Fair copy - 3 8 Copy summons to accompany ... _ 2 - Fee to ]\rr. with brief and clerk .246 Attending him _ g 3 January 2?jrd. Conference fee to him and clerk . . .16- Attending him - 3 4 Attending conference - 13 4 January 2(Jth. Attending summons when order made varying chief clerk's order - 13 4 January 21 ih. Paid defendant's solicitors for copy minutes of order _ 2 - Attending passing ..... -63 Close copy order _ 2 - March 12 fh. Attending defendant's summons for further and better particulars, order made . . - 13 4 March 20 fh. Attending settling minutes .... - 6 8 Attending passing order .... - 6 8 Close copy order _ 2 - Sittings' fee ...... . - 15 - EASTER SITTINGS, 1892. April 1th. Paid for copy affidavit of Mr. in support of summons for leave to deliver interrogatories . . . , . .-34 Perusing (folios 10) - 3 4 Attending defendant's summons for leave to deliver interrogatories, same dismissed with costs, and the chief clerk gave defendant 3 days within which to take the summons to the Judge - 13 4 C D.— Plaintiffs ' Costs.l 83 Ajyril 20th. Brief on defendant's summons before the Judge Copy summons to accompany The like affidavit (folios lo) . Fee to ]\Ir. and clerk with brief Attendint;- him ..... Fee to him and clerk on conference Attending him April 20fh. Attending conference Attending summons before Judge when order made that the plaintilfs should be at liberty to inspect the defendants' works, and within 14 days should give particulars of the particular gas-holder which they alleged to be an infringement ..... Ap-il 23>yZ. Close copy minutes of order (folios 5) . April 'dOth. Attending before the junior clerk on the minutes of the order, and objecting to the insertion of a direction for the attendance of Sir F. B., and we were referred to the chief clerk ....... Attending chief clerk thereon when he refused to put in any direction .... Attending passing order . . . . Sittings' fee d. £ s. d. 2 4 6 1 G G 8 2 - 3 4 G 8 3 4 - 13 4 13 4 1 8 - G 8 -68 - G 8 - 15 - TRINITY SITTINGS, 1892. jfJcnj 30///. Attending defendant's solicitors consenting to 14 days' farther time to deliver defence and particulars of objections .... June IQfh. Attending summons for further time to deliver defence and particulars of objections : order made for 14 days, and at our request summons adjourned to Judge . June '2?)rd. Attending adjourned summons before the Judge, when he confirmed the chief clerk's order June 30///. Attending defendant's summons for further time, &c., same dismissed with costs, and on defendant's application same adjourned to Judge, to come on July Gth Jutij Qi/i. Attending adjourned summons before the 6 8 6 8 13 4 -68 G 2 a D.— Plaintiff's Costs.^ 84 Judge, when order made costs plaintiff's in any event ....... Perusing defence ...... Paid for G prints thereof .... Perusing- particnhirs of objections (folios 24) . Paid for G prints thereof .... Jul?/ Ihth. Instructions for reply . Drawing same .... Fee to Mr. and clerk to settle Attending him .... Copy for service .... Attending to deliver Juhj ?Ast. Notice of trial, copy and service Avfjust Isf. Two copies writ on setting down . ■ . The like prints of statement of claim (folios 4 each) ....... The lilie prints of re-amended particulars of breaches (folios G each) .... The like prints of defence (folios 4 each) The like prints of particulars of objections (folios 24 each) ...... The like reply (folios 3 each) .... The like notice of trial (folios o each) Attending setting down action for trial . Paid fee 2 Aug list G//^ Attending defendant's summons to amend par- ticulars of ol)jections, order made costs plaintiff's in any event .... Perusing amended particulars of objections . Sittino-s' fee . d. £ s. - 1 2 - 7 - MICHAELMAS SITTINGS, October 28th. Summons for leave to deliver interrogatories . Paid stamp ....... Copy for (Chambers . . . . . Copy and service ...... Drawing request and attending paying deposit of £5 lOs. into security for costs account . Paid stamp Copy receipt for service with copy summons . Noveml)er 2nd. Attending summons when order made Attending to draw up order . Paid for order .... Preparing summons for discovery . Paid stamp ..... 1892. 1 - - 13 - 6 - 8 d. 4 6 8 4 - 4 - 1 4 2 - 1 4 - 13 - G - 15 - o — - i - 3 6 - 13 4 - 1 - - 13 4 - G 8 G 8 - 3 C. D— Plaintiff's Costs.'] 85 Copy for Chambers Copy and service ...... (Charge : Drawing request and attending paying deposit, and copy receipt for service, as ante, p. 84.) Paid for certificate of payment into Court NovemJyer \Ath. Attending summons for discovery, order made Attending setth'ng minutes . Paid stamp ...... Copy order for service .... Indorsing warning thereon Service of copy order .... Attending defendant's summons for discovery order made ..... Attending settling minutes . November IQth. Instructions for interrogatories Drawing same (folios 0) Fee to Mr. and clerk to settle Attending him ..... Engrossing interrogatories Service thereof November 25th. Attending defendant's solicitors giving con- sent to 10 days' further time to file answers to interrogatories ..... November '2Sth. Attending defendant's summons to strike out second paragraph of the re-amended particu- lars of breaches when order made to strike same out : defendants not to have extra costs occasioned by issuing a fresh summons November SOth. Attending defendant's solicitors giving consent to 7 days' further time to file their affidavit of documents ...... The like attendance obtaining 7 days' further time to file our affidavit of documents. Attending settling order to strike out second paragraph of the re-amended particulars of breaches ....... December 8th. Instructions for affidavit of documents . Drawing same (folios 30) Engrossing ...... Attending to be sworn (2 deponents) Paid oaths Paid filing ...... Notice of filing copy and service . Attending defendant's summons for further time to file answers to interrogatories, order £ s. d. £ - 1 - - n - 2 4 G 3 - 2 6 s. d. 2 - 3 G 18 4 G 8 2 _ 1 (; 2 G 13 4 G 8 13 4 G - G 8 2 - 2 G - G 8 - 13 4 -68 -68 -68 2 10 10 G 4 - C. D.—riainiiff's Costs.'] 8G £ s. (I £ s. d. made, and adjourned to Judge at de- fendant's request ..... - 6 8 Attending summons before Judge when chief clerk's order confirmed .... - 6 8 December 2()th. Paid for 6 prints of defendant's answers to interrogatories . . . . . . - 2 11 Perusing (folios 10) - 3 4 Writing defendant's solicitors for appointment to inspect the drawings disclosed by the answer to interrogatories .... - 3 6 Paid for copy defendant's affidavit of docu- ments - G - Perusing (folios 18) - G - Decemher 2\st. Paid defendant's solicitors moiety of charges for prints of specifications .... Attending defendant's solicitors inspecting the drawings ...... - 13 4 Decemher 28th. Attending inspecting defendant's documents referred to in their affidavit ... - 1 3 4 1893. Jamiari/ 1st. Attending with plaintiff on defendant's solicitors to inspect plans .... - 13 4 Paid for further prints of specifications . Paid for blue photographic plans . Paid for further prints of defence and particu- lars of objections - 5 11 Sittings' fee - 15 - HILARY SITTINGS, 1893. Fehriiary 5th. Attending defendant's summons for leave to amend particulars of objections, order made - 13 4 Febn/anj loth. Writing defendant's solicitors in reply that the plaintiff would admit the correctness of the printed patents sold by the Patent Office authorities ..... - 3 6 February 15///. Writing defendant's solicitors for inspection of the letters disclosed by the particulars of objection - 3 6 Attending inspecting letters and bespeaking copies ....... - 13 4 Paid for same - 3 - February 11th. Paid for print of plaintiff's complete specifica- tion, No. , 1889 - - 8 Attending Patent Office lodging same for verification - G 8 s. d. £ s. d. 1 - - 13 4 5 G - G 8 C. D.— Plaintiff's Cosfs.;\ 87 £ Paid fee - Instructions to counsel to advise on evidence . Fee to Mr. thereon and clerk . . 3 Attending him ...... Paid for 3 further prints of particulars of objections . . . . . . - 2 - March ?>rd. Attending inspecting plans annexed to con- tract of (date), and also discussing the question of printing the shorthand writer's notes ....... - 13 4 Paid for print of defendant's answers to inter- rogatories for office copy (folios 10) . .-18 3Iarch 4fh. Notice to produce Copy for service (folios 5) . Service JIarch C)fh. Notice to admit (folios 10) . Copy for service ...... Service ....... Paid marking defendant's affidavit of docu- ments for.office copy (folios 18) . . . - 3 - Attending producing documents for inspection under notice to admit .... Subpoenas ad test, (each) .... Paid - 5 - Copy and service on Mr. The like IMr. .... The like Mr. .... 3Iarch 18lh. Perusing defendant's notice to produce . The like defendant's notice to admit Attending inspecting documents . ]\Iarch 20 f/i. Instructions for brief on trial (see p. 78). (Specifying the importance of the case, and the labour and expense involved in getting it up ; obtaining evidence of a highly scientific and intricate nature, the patent being one of very great value. In this item the solicitor should shortly set out what was neces- sary to be done to prove the plaintiff's case.) Drawing same (exclusive of proofs, folios 252) Three copies thereof Three copies writ The like statement of claim (folios 4 each) printed ....... The Hke particulars of breaches (folios 4 each) printed ...... - 5 - 1 _ 2 8 6 - 6 - 3 - 2 8 4 6 - 13 - 6 4 8 - 6 - 6 - 6 _ - 6 - 6 - 13 8 8 4 12 12 12 12 - 6 - 2 _ 2 C. D.—riaintiff's Costs.'] 88 The like re-amended particulars of breaches (folios 5 each) printed .... Amending 3 prints Tiiree copies defence (folios 4 each) printed . The like particulars of objections (folios 24 each) printed ...... Amending 3 prints ..... (Three copies of all specifications and other documents necessary, accompany- ing brief for counsel.) Drawing proofs, at Is. per folio. Three copies for counsel. Fee to 8ir , Q.C, with brief and clerk ...... Attending him ..... Fee to him on consultation . Attending him ..... Fee to Mr. , Q.C., with brief and clerk ...... Attending him ..... Fee to him on consultation . Attending him ..... Fee to j\Ir. with brief and clerk Attending him ..... Fee to him on consultation . Attending him ..... Attending consultation Writing plaintiffs as to their attendance The like witnesses each (circular) . March 2'^rd. Attending Court when case was fixed for Tuesday next, subject to a part heard case Writing plaintiffs and 4 witnesses thereof 3[arch 25ih. Attending defendan^i!s-^licitors perusing and signing consent as to costs of taking short- hand notes and of printing same* Attending shorthand writers and instructing them ....... The like attendance on printers March 29/^. Attending Court when case opened and adjourned till to-morrow .... iVarch 30fh. Paid moiety of shorthand writer's charges for attendance and transcript. Attending Court when case proceeded with £ d. £ 107 10 - 2 7- 2 4 G 53 15 13 6 2 3 2 12 6 - 13 4 G 8 13 4 - G 8 13 4 3 4 3 4 3 6 1 6 3 4 9 6 6 8 G 8 6 8 2 2- 3 3 * This expense is not allowed on taxation without the order of the Judge, which should be applied for at the trial (Lee Conservancy Board v. Button, 12 C. D. 383). C. D.— Plaintiff's Costs.'] 89 & s. d. £ -, Q.C., and clerk 11 - and clerk March Slst Refresher fee to Mr. Attending him Refresher fee to Mr. • Attending him Attending Court when case further proceeded witii and adjourned to Tuesday next, with clerk's attendance A])riL (Refreshers and other charges each day as before, with addition of one of £11 to Sir , Q.C., and clerk.) Preparing questions for cross-examination of defendant's witnesses (folios 10) Three copies thereof for counsel (Charge attending Court and paying moiety of shorthand writer's charges, as above.) Sittings' fee . Note. — In this case the leading counsel did not attend the second day, and his fee is therefore omitted. He attended on the last day, when judgment was reserved. EASTER SITTINGS. 1893. April. Preparing notes on the expert's evidence (folios 46) Three copies thereof Preparing index to the evidence (folios 24) Three copies thereof ..... Attending Court, trial concluded, and judgment reserved ....... 3Ia?j. Brief to counsel to hear judgment Fee to ]\Ir. and clerk with brief Attending him Attending Court when judgment given Copy order (folios 20) .... Attending settling .... Attending passing .... Sittings fee Drawing bill of costs and copy, at 8^/. per folio Copy for defendant's solicitors, at 4^/. per folio Attending taxing .... Transcribing certificate Paid stamp thereon Attending filing and for office copy Making copy for office copy . Paid marking .... Letters, messengers, &c. Attending taxing defendant's costs (if any allowed) . Paid witnesses 10 - 2 4 10 - - 1 -08 -08 3 3- 10 10 15 2 6 2 6 1 4 1 4 3 3 - 8 13 4 8 1 - 8 15 — 8 •> _ - 8 C. D.— Plaintiff's Costs.'] 90 5. PLAINTIFF'S COSTS. — ADMINISTRATION ACTION: HIGHER SCALE. PARTY AND PARTY. Ill the matter of the Estate of , Deceased. Between A. B., PlaintiflP, AND C. D. aud E. F., Defendants. The Bill of Costs of the plaintiff to be taxed pursuant to Order dated EASTER SITTINGS, 1894. April 1st. Instructions to sue ..... "Writ of suiumons ...... Special indorsement ..... Paid issuing writ ...... Attending defendant, C. D.. on his accepting service of writ, and giving undertaking to appear Copy writ for him. .... Instructions for statement of claim Drawing same (folios 55) Copy wills to accompany (folios 54) Fee to Mr. K. to settle .... Attending him ..... Copy for printer ..... Examining and correcting proof . Paid printer's bill ..... Copy statement of claim to deliver . Attending to deliver .... Sittings' fee TRINITY SITTINGS. Drawing notice of motion for judgment . Copy for service ..... Service thereof ..... Drawing minutes of order (folios 15) Fee to Mr. K. to settle .... Attending him Copy proposed minutes for defendant's solicitor ...... Attending Judge with papers Two copies proposed minutes for the Court The like writ (folios 5 each) . The like statement of claim . The like notice of motion J I me 25tk. Attending to set down action Paid fee Notice of setting down ..... Attending counsel for certificate that action Higher Scale £ s. d. - 13 4 - IS 4 - 5 - - 10 2 15 - - 6 8 - 2 - 2 2 - 2 15 - - 18 - _ G 8 - 18 4 - y 2 _ 13 9 - G 8 — 15 — 5 - 1 - - 2 6 - 15 - - G 8 _ 5 _ - G 8 - 10 - - 3 4 1 7 6 - 2 - - G 8 _ 4 _ C, D.—riai7itlff's Costa.'] 01 could be set down as short, and on Registrar with same ..... Perusing defendants' alterations in minutes . Fee to Mr. K. to peruse .... Attending him Jiilij 27th. Instructions for brief on hearing of action on motion for judgment ..... Two brief copies notice of motion for counsel (folios 3 each) ..... The like of writ The like statement of claim . The like proposed minutes of order (folios 20) Paid fee to Mr. P. with brief and clerk . Attending him Consultation fee and clerk Attending him ..... Fee to j\Ir. K. with brief and clerk Attending him ..... Consultation fees and clerk . Attending him ..... July 29th. Attending consultation ..... Attending Court, order made according to minutes to be amended .... Fee to Mr. K, to amend and sign minutes Attending him ...... August 1st. Attending Registrar with brief and papers, to bespeak minutes Notice of settling Auijust Sth. Attending settling August 10th. Attending to examine proof .... Notice of passing order August 12th. Attending passing order .... Paid Sittino-s' fee Higher Scale. £ S. d. - G 8 - G 8 - G 8 2 2- - 2 - 10 - '2 1- 1 - MIC HA EL MA S SITTINGS. October. Making copy order for Chambers (fos. 25) Summons to proceed thereon Paid sealing . Copy for Chambers Copy for service . Service thereof Copy statement of claim for Chambers Novctyiher 1th. Attending summons to proceed - 3 - 10 - 13 4 -68 - G 8 -68 - 13 4 1 1 - - G 8 - G 8 - 4 - - 13 4 - G 8 - 4 - - 13 4 - 15 - 9 2 13 4 C. D.— Plaintiff's Costs.'] 92 nigher Scale. November 14th. £ s. d. £ s. d. Attending chief clerk when he agreed to accept old advertisements affidavit to be made by Mr. and defendant CD.. . - G 8 Novcmher 2bth. Perusing affidavit of no claims (fos. 10). . - 3 4 Attending appointment before chief clerk on inquiries - 13 4 Sittings' fee - 15 - HILARY SITTINGS, 1895. Charge all attendances before the chief clerk, proceeding on inquiries and on accounts, at - 13 4 And making all searches for certificates of births, deaths and marriages as necessary for the inquiries before the chief clerk at . - 6 8 And the payments made for searches and certificates ...... iMarch 2Zrd. Instructions for affidavit (as required by the chief clerk) : drawing, engrossing, attending on deponents being sworn, payments of commissioner's fees, copy for office copy, paid filing and marking office copy, as usual. April. Perusing affidavit of defendants verifying accounts, and answering part of inquiries . - 14 4 Perusing copy accounts (fos. 43) . llth. Attending appointment before chief clerk on certificate, same adjourned ... - 13 4 (Charge further attendances as allowed by chief clerk.) Sittings' fee - 15 - EASTER SITTINGS. (Further attendances on chief clerk, as before.) May '3rd. Attending settling certificate Term fee ...... . - 15 - TRINITY SITTINGS. Copy certificate for office copy (fos. ) . Notice to defendant's solicitor and to Mrs. Gr.'s soUcitor to attend and sign . . -66 July 1st. Attending signing Paid marking office copy (fos. ) 6 8 G. D.—Plamfiff's Costs.'] 93 further consideration at l.s.) H. July Gfh. Drawino; request to set down action on further consideration ...... AtteudinjT to set down Notice of setting down copies and services Making copy order and certificate for the Judge (fo. at ■[(/.) Attending therewith Drawing brief on (fo. at Is.) Two copies for counsel, at 4d. per foh'o. Drawing observations for counsel (fo. Two fair copies Fee to Mr. H. with brief Attending him Fee to Mr. K. with brief Attending him Paid consultation fee to Mr. Attending him Paid consultation fee to Mr, Attending him JuJi/ loth. Writing defendant's solicitors we thought it best not to prepare minutes till after the argument and the decision of the Judge The like to IMessrs. . Attending consultation Avc/iist 2nd. Attending Court, action heard on further con- sideration, order made, minutes to be signed Drawing minutes of order (fos, 14) Fee to Mr. K. to settle Attending him Sittings' fee MIC HA ELM A S SITTINGS. November -ifh. Making 2 copies draft minutes Writing Messrs. with copy Writing INIessrs. with copy Attending Registrar as requested by him on the draft minutes ..... Sittings' fee . HILARY SITTINGS, 1896. January 11 fh. Notice of settling order .... January lOth. Attending endeavouring to settle order when the Registrar suggested all the counsel should meet and agree on the minutes Two brief copies of minutes (fos. ) Attending Mr. H. appointing consultation Higher Scale. £ s. d. _ 2 6 - G 8 - (; G 13 - 5 10 2 4 6 - G 8 - 13 4 13 4 6 8 - G 8 - 13 4 - 14 - 6 15 G 15 - G 6 - 13 4 -68 C D.— Plaintiff's Costs.'] 94 Higher Scale. £ s. d. & s. d. Paid his fee 2 7- Paid liis fee for perusing papers . . . 2 4 G Attending Mr. K. appointing consultation . - 6 8 Paid his fee 13 6 January ZOth. "Writing i\Iessrs. with appointment fur consultation _ 3 g Writing Messrs. the like. . . - 3 6 Attending consultation when the minutes were agreed - 13 4 Sittings' fee _ 15 _ TRINITY SITTINGS. June IGth. Attending appointment before Registrar when order settled and sent to printer . June 21s f. Attending examining proof .... June 2?yrd. Notices of appointment to pass Jiine 28th. Attending passing order .... Paid on order . . . . , . i _ _ Sittings' fee . MICHAELMAS SITTINGS. Copy order for Taxing Master (fos. 40) . Attending certifying no former Master and for reference ....... Drawing bill of costs, &c, (as in prior bill) Sittings' fee . Letters, postages, &c 13 4 6 8 6 6 13 4 15 - 13 4 G 8 15 _ C. D.— Plaintiff's Costs.'] 95 PLAINTIFF'S COSTS.— ACTIONS BY HOLDERS OF PER CENT. AND 8 PER CENT. DEBENTURES IN DEFENDANT COMPANY, THE TWO ACTIONS BEING CONSOLIDATED BY ORDER. ORDER FOR P.ECEIVER. LOAVER SCALE. Between A. B., on behalf of himself and all others, liolders of 8 per cent. Debentures, issued by the Defendant Company, secured by Trust Deed . Plaintiffs. AND The Estate, Limited, and C. D. and others . Defendants. AND Between G. N., and all others, holders of G per cent. Debentures, issued by the Defen- dant Company, and secured by Trust Deed Plaintiffs. AND The Estate, Limited, and H. K. and others . Defendants. Consolidated by Order dated , 1894. Costs of the plaintiffs of these actions to be taxed pursuant to Order of July, 1894. A. B. V. The Estate, Limited, and others. MICHAELMAS SITTINGS. 1893. November SOth. Instructions to sue on behalf of plaintiff, A. B., in the first action, for 8 per cent debenture holders^ and for a receiver . "Writ of summons, and copy to file Special indorsement Paid Brief to counsel for leave to serve notice of motion for a receiver, with ^vrit Paid his fee . Attending him Attending Court, leave given Drawing notice of motion (folios 5 Copy for service . Copy writ for service Attending defendants' solicitors with writ and notice of motion, when they accepted service ....... AttendinsT Mr. with consent for £ s. (L £ s. d. 8 6 8 5 - - 10 - 6 8 3 13 5 1 1 6 8 a D.— Plaintiff's Cosis.~\ 96 and obtaining his him to act as receiver, signature thereto . . . . . Instructions for afhdavit of plaintiff in support of motion . Drawing same (fohos (!) Engrossing . Attending him to be sworn Marking 3 exhibits Paid commissioner Paid filing Instructions for alHdavit of fitness of i\Ir. as receiver Drawing same (foHos 4) Engrossing in duphcate Attendins: Mr. swearing affidavit Paid commissioner Paid filing: . Decomhcr IsL Drawing affidavit of Mr. - letter from defendants' veriiying solicitors as to position of the company (folios 5) Marking 1 exhibit Engrossing . Attending swearing Paid commissioner Paid filing . Attending Messrs. obtaining print of trust deed securing 8 per cent, deben- tures Instructions to counsel Fee to counsel on brief on motion for receiver Attending him therewith Conference fee and clerk Attending appointing same . Fair copy writ for counsel (folios 7) Fair copy notice of motion (folios ;">) Fair copy affidavit of Mr. ■ (folios f)) (Other copy affidavits, at 4^/. per folio.) Fair copy affidavit of plaintiff for office copy (folios 6) . Paid marking office copy .... (Other office copies and marking, at 4^/. and 2d. respectively.) Attending conference with counsel. Instructions for affidavit of Mr. as to retirement of as trustee . (Further charges for affidavit as above.) Notice of filing affidavits to defendants' solicitors ....... Notice of ditto to Messrs. December 29id. Attending Court when motion for receiver on behalf of 8 per cent, debentures heard d. £ 1 6 1 - - G - 6 - G _ 2 - 6 - 3 G 8 4 - 2 8 G 8 f) - 1 - 1 8 G 8 - G 8 - G 8 - G 8 - 2 - - 13 4 - G 8 4 - 4 - C. D.— Plaintiff's Costs.'] i)7 £ s. d. € .s. (I. and order made as asked, INIr. dismissed from action .... 11- Writing receiver on his appointment, aiid as to security herein - 3 6 Decemlpr 1th. Attending bespeaking minutes of order . . - G 8 Notice to Messrs. to settle order , - 4 - Decernher 11th. Attending setthng order .... - 13 4 1894. January drd. Notice to pass - 4 - Attending examining proof of order . . -08 Attending passing order .... - 6 8 Stamp on same . . . . . . - 5 - Sittings' fee - 15 - HILARY SITTINGS, 1894. January 21st. Summons to proceed and attending to issue . - 3 - Paid - 3 - Copy for Chambers - 2 - Fair copy order to lodge (folios 12) . . - 4 - Copy summons for service .... - 1 - Service thereof ...... - 2 (> February ISth. Drawing affidavit of Mr. in support of summons to proceed as to amount of property to be received by the receiver (foHos 5) - 5 - Engrossing same ...... - 1 8 February Idth. Attending swearing - G 8 Paid commissioner . . . . .-16 Copy for office copy - 1 8 Paid filing - 2 6 Paid marking office copy . . . . - - 10 Attending summons to proceed, security iu bond of Guarantee Company for £ to be given by receiver ... - 13 4 February '21st. Instructions for drawing and engrossing bond, attending settling and paid parchment . 1 ir» - Instructions for affidavit of secretary of Guarantee Company as to execu- tion of bond and funds of company . . - G 8 February 26th. Attending before chief clerk .... - 13 4 Attending secretary of Guarantee Company and receiver on their reading over the bond and entering into same . . - 13 4 J.C. H C. D.—Plamtifs Costs.'] 98 (Charge drawing, engrossing, attending swearing, marking exhibits, paying commissioner, and filing affidavit of secretary, as ante.) March 1st. Notice of filing copy and service . Paid marking ..... Paid stamping bond .... Attending lodging certificate of receiver's security at Enrolment Office Paid fees ...... Sittings' fee d. £ - 10 1 7 4 - - 6 - 15 EASTER SITTINGS. to settle certificate April 2nd. Notice to Messrs. Attending settling certificate of completion of receiver's security ..... April 4th. Attending signing certificate of receiver's security before Mr. Paid for certificate Sittings' fee - 10 - 4 - 13 4 G 8 15 - Ct. N. v. The Estate, Limited, and H. K. and others. EASTER SITTINGS, 1894. April Sth. Instructions to sue on behalf of plaintiff C. D. on behalf of G per cent, debenture holders, and for a receiver ..... Writ of summons and copy to file . Special indorsement ..... Paid April 12 th. Brief to counsel to apply for leave to serve notice of motion with writ Paid Mr. fee and clerk . Attending him Attending in Court on application, leave granted ...... Drawing notice of motion (folios 5) Copy for service Attending IMessrs. with writ and copy for acceptance when they accepted service Drawing proposed minutes of order (folios 1 5' Fee to Mr. to settle same Attending him with minutes . Making copy proposed minutes for Messrs ^^ and Co. (folios 15) . Writing them therewith 10 - 1 eS G 6'. d. G 8 G 8 5 - G 8 3 4 13 4 5 - 1 8 6 8 15 - i) - 3 6 C. D.—Plainiifs Cods.'] 99 Perusing alterations made by them Makintr 2 copies proposed minutes for the Court ....... Attending to dehver minutes for the use of the Court. . . • . Ainil 16//i. Instruction for affidavit of Mr. (Further charges as anie, p. 90.) Instructions for affidavit of fitness of receiver (drawing, engrossing, attending swearing, and commissioner's fees, as ante, p. 90) Instructions for affidavit of Mr. as to value of the land of the defendant company in .... (Drawing, engrossing, swearing, &c.) Paid notary ...... Instructions for brief .... Drawing brief to counsel on motion for receiver .... Fair copy .... Copies of following documents for counsel : — Affidavit of Mr. (folios 9) The like of Mr. (folios 11) The hke of Mr. (folios 5) Notice of motion (folios 5) . Proposed minutes (folios 15) Writ (folios 7) . Attendins: Mr. with brief and papers ..... Fee to him and clerk Attending appointing conference . Conference fee and clerk Attending conference (Paid filing affidavits, office copies, and marking the same, as anU, p. 90.) April ISth. Perusing notice of change of solicitors (3 folios) ....... Attending Court when order made appointing receiver, with power to act at once, judg- ment in both actions which were consolida- dated, C. D. to have conduct Ap)-iJ 19 /A. Fee to counsel and clerk to re-settle minutes of judgment ...... Atteudintr him ...... "Writing IMessrs. with copy minutes as re-settled by counsel . . . . Copy to send (folios 15) April 20th. Summons to proceed and attending issuing Copy for Chambers . . . . . d. 1 1 1 3 f:. (I H 10 - 8 -68 -08 6 8 1 1 - 8 o 4 3 _ 3 8 1 8 1 8 5 - -24 8 13 - 3 - 5 - 3 _ •) - 1 - h2 C. D.— Plaintiff's Costs.'] 100 £ s. d. £ s. (L Paid - 3 - Coi)y and service on IMessrs. . . - 3 G Copy and service on Messrs. . . - 3 G- April •2271 (i. Drawing allidavit of for use on summdns to proceed as to vahie of property to be received (folios 4) .... , _ 4 _ Engrossing same - 1 4 Copy for office copy (attending swearing, etc., as before) ...... Writing iMessrs. , new solicitors for tbe defendant company, with minutes of judgment as re-settled .... - 3 G April 2Uh. Attending summons to proceed when order made for security for £1,000 to be given . - 13 4 Attending Registrar with brief and bespeak- ing order - G 8 Instructions for conditional agreement for sale of property of company by the receiver at price of £ - 10 - Drawing same (folios 25) .... 2 10 — Fee to Mr. to settle same . . 3 5 G Attending him - G 8 Engrossing same in duplicate (folios 25) . 1 13 4 Attending the receiver on his executing agree- ment and attesting ..... - G 8 Paid stamp on counterpart agreement . . - 5 - April 2 CM. Instructions for drawing and engrossing bond, attending settling and paid parchment . 115- Instructions for affidavit of secretary of Guarantee Company as to execution of bond by company, and as to funds of company ....... - G 8 Drawing same (folios 18) . . . . - 18 - Engrossing same (folios 18) .... - G - Attending secretary on his swearing same . - G 8 IMarking 2 exhibits - 2 - Paid commissioner - 3 G Paid filing - 2 G Notice of filing copy and service on Messrs. (new solicitors to company) . - 4 - Notice of filing copy and service on Messrs. - 4 - Copy for office copy (folios 18) ... - G - Paid marking . . . . . . - 3 - Paid stamp on receiver's bond . . . - 10 - (Attending stamping not allowed.) Notice to Messrs. of appointment to settle order - 4 — Notice to Messrs. .... - 2 6 Attending settling order .... - 13 4 e. D.— Plaintiff's Costs.'] 101 Instructions for affidavit of Mr. in support of summons for confirming sale of property (Drawing, engrossing, Arc, as ante.) Attending enrolling receiver's bond Paid fees May '2nd. Filing affidavit .... Copy for office copy (folios 11) Paid marking office copy Attending setting down action of A. B, i — Company jiro forma . Paid Attending setting down action Company 7^ro furmCi Paid May '3rd. Notice to Messrs. pass order , The like Messrs. of G, N. d. £ s. d. -OH - G 8 1 7 2 G 1 10 of appointment to of contract and in 'v! - - Attending examining proof May -ifh. Attending passing order Paid .... Summons for confirmation attending to issue Copy for Chambers Paid . . . . Two copies for service . Service thereof on Messrs. The like Messrs. . May Cd/t. Instructions for affidavit of Mr. support of summons to confirm conditional contract ....... Drawing and engrossing same (folios 6) . Marking 2 exhibits Attending swearing Paid commissioner Paid filing . Paid marking office copy Writing Messrs. in reply as to agreement ....... May S///. Attending summons for leave to sell property : summons adjourned for further evidence of value. ....... (Instructions for further affidavit of Mr. iu support of summons, drawing, engrossing, &c., as above.) May dth. Attending adjourned summons, order made, but trustees reserved right to appeal to .hulge 1 - G 8 - 6 - 4 - - 2 G - G 8 - G 8 - 2 - - 4 - - 2 G - 2 G G 8 8 - 2 - G 8 - 3 G - 13 4 1 1 - C. D.~ Plaintiff's Costs.'] 102 31 a I J loth. £ g^ f7_ Attending chief clerk when he adjourned summons to Judge at request of Messrs. • . . . . Sittings' fee . - 15 o 1 li' 8 TRINITY SITTINGS. 3Iay 2ind. Drawing observations to counsel on brief to uphold chief clerk's order confirming con- ditional contract (folios 15) . . . _ 15 Fair copy same (folios 15) . Copies of the following for counsel : — Summons (folios 3) , Affidavit (folios 3G) ....'." Contract (foHos 25) 31 ay 2Srd. Attending counsel on behalf of C. D.,plaintiflFin consolidated actions, with brief and papers - (; 8 Fee to him and clerk 2 4 G 3Iay 2m. Attending Judge in Chambers, summons heard and order of chief clerk confirmed, but without prejudice to claim of trustees to cash in the hands of the receiver . . - 13 4 Drawing statement of facts as to money in hands of receiver (folios 17) ... _ 17 _ Fair copy thereof for Messrs. (folios 17) _ 5 8 Jllaij 2Sih. Writing Messrs. therewith for approval _ 3 g Copy for Messrs. and Co. (folios 17) - 5 8 Jtme 1st. Summons as to money in hands of receiver, copy for Chambers, and attending issuing . _ 3 _ Copy for and service on j\Iessrs. . - 3 6 The like Messrs. .... _ 3 (j Jime 4 th. Notice to Messrs. to settle order confirming conditional contract ... _ 4 _ Ditto to Messrs. and Co. . . _ 2 6 Ji/nfi i)fh. Attending summons as to money in receiver's hands, same adjourned .... _ (; g Jirne 7fh. Attending settling order, subject to clause being approved by counsel for the trustees . - 13 4 June 11th. Notice to Messrs. that summons would be heard at to-morrow ... _ 4 _ The like to Messrs. and Co. . . _ 9 (> C. D—Plamtiff*s Costs.'] 103 - . 5 June 12th. £ s. d. Attendinji' adjourned summons when same heai-d and adjourned to Judge at re(j[ue8t of iMessrs. Notice to Messrs. of appointment to pass order confirming conditional contract for sale The like Messrs. and Co. Brief to counsel on adjourned summons as to money in hands of receiver, drawing and fair copy observations (folios 3) . Attending him therewith .... Fee to him and clerk 2 4 G June \Wi. Attending passing order confirming con- ditional contract for sale .... Paid stamp ....... Copy following documents to accompany brief : Summons (folios 4) Statement of facts (folios 17) Ditto for Judge ...... Attending Judge on summons as to money in hands of receiver, when order made that the costs should be taxed and paid out of the fund, and balance handed to trustee June 18fh. Instructions for affidavit (receiver) in support receiver's remuneration Drawing same (foUos 8) Engrossing . Copy for office copy Summons for remuneration of receiver, and attending issuing Copy for Chambers Paid issuing .... Copy and service on jNIessrs. The like Messrs. and Co June 21st. Attending Mr. (receiver), going through affidavit, and with him when he swore same Paid commissioner ..... Paid tiling Paid marking office copy .... Attending summons for remuneration of receiver, same adjourned for trustees to consider sum proposed (£100) . Attending Messrs. conferring as to amount of receiver's remuneration, which we could not agree, and we were to restore summons ...•••• 1 1 - 4 - 2 G 6 8 C 8 of Mr. of summons for - G 8 1 4 5 8 5 8 - 13 4 G 8 s - 2 8 •2 8 _ 9 - 3 - - (', 1 G 2 G 1 4 - 13 4 -68 104 to chief clerk's and Co. G. D.— P/amiiff's Costs.^ Xotice of restoring summons list to ]\Iessrs. The like to Messrs. Jul// Hfh. Attending adjourned summons for receiver's remuneration when same fixed at £75 Notice to j\Iessrs. to settle order The like ^Messrs. and Co. Attending- settling same Notice to Messrs. d. to pass order — and Co. . The like to Messi's. Paid . Jul// 12 fh. Attending chief clerk Sittings' fee . Letters, messengers, &c. Jtd// '22nd. Attending to certify no former Master, and for reference ...... Attending bespeaking office copy order for (4uarantee Company .... Making copy for office copy, and paid marking Attending Guarantee Company with office copy order vacating bonds . Copy order for Taxing Master Drawing and fair copy statement of the parties and their interest to annex Drawing bill of costs, and copy (folios 50) Attending taxing ..... Transcribing certificate .... Paid for certificate .... Attending filing same .... Copy for office copy, and paid marking . -? 4 - — 2 6 13 4 - 4 - - 2 6 - 13 4 - 4 - — 2 6 13 4 - 15 - 1 11 6 - 6 8 ; <> (5 8 8 - 2 - _ 2 G 1 13 4 1 — — 10 -68 7. ORIGINATING SUMMONS. — APPLICATION TO THE COURT TO SANCTION AN ARRANGEMENT FOR REALIZING TESTATOR'S CAPITAL IN MERCANTILE FIRM. In the matter of the Trusts of the Will of A. B., Deceased, Between C. B. and D. B., Plaintiffs, E. R. B. and Frances P., wife of John F., and G. F., M. F. and T. F., all infants, by E. B., their guardian ad litem, Defendants. The Bill of Costs of the plaintiffs to be taxed as between solicitor and client pursuant to Order dated MICHAELMAS SITTINGS, Novemher 2Hih. Instructions for originating summons, attend- ing client (one of the partners of the 1893. £ s. d. £ s. d. ^. T).— Plaintiff's Costs.'] 105 deceased) in long conference on the pro- posed-'arrangement referring to the will, and advising very fully the course we thought should be adopted jS'ovemhrr 'MUh. Attending meeting of the several partners when an estimate was made of the capital of the deceased in the firm .... Dpcemher Isf. Attending meeting Mrs. F. (married daughter of the deceased) and the partners in the firm, and we were to submit to her a scheme on which she was to consult her solicitor . December Wi. On receipt of letter from her solicitor ^\Titing him fully in reply, several attendances on client and on his bringing articles of partnership and various other documents to enable us to prepare special scheme for arrangement regarding testator's capital in the firm, and perusing and considering the same (I. 10 10 - 3 3- Drawing same (fos. 95) .... 1) 10 - Fair copy for printers ..... 1118 Examining and correcting proof ... - 15 10 Making copy of the accounts forming the balance-sheet (fos, 58) ... • - 19 4 Decemhei- Ihth. Writing defendant's solicitor with print of the scheme and thereon .... - 5 - December ISt/i. Writing defendant's solicitor in reply, sending him our copies of the will, &c., aud answer- ing various queries ..... - 5 - December 12 th. Instructions for the three following affidavits in support of application to approve the scheme (Insert the usual charges for drawing the affidavits and for other necessary attend- ances on the parties, and for copies of documents to be used as exhibits.) HILARY SITTINGS, 1894. Drawing originating summons to approve scheme of arrangement .... Copy for central office ..... - l 4 Copy for the Judge ~ "! "t Attending sealing - b 8 Paid . . ^ - 10 - Copy for service ...... Writing defendant's solicitor therewith and for undertaking to appear . . . _ • (Insert the usual charges for engrossing 1 1 - - L> 4 - 5 - C. D.—Plainiiff's Costs.'] 100 the affidavits, attending the deponents to be sworn, and payments for oaths.) Paid printer's charges Attendances on them, revising proof by adding signatures of the parties (Insert usual charges for office copies of the affidavits and payments for filing.) Fehruary lC>f/i. Notice of filing the affidavit .... Preparing certificate of non-assignment of action for Chambers .... Preparing notice of appointment to proceed with originating summons and attending sealing Copy for service and service on defendant's solicitors ....... Fehruary 22nd. Attending summons when the chief clerk went through the evidence and finally adjourned the application to the Judge Making copy summons for counsel The like notice The like will (fos. 127) .... The like deeds of partnership The like accounts (fos. CO) . Fehruary 2?jrd. Instructions to Mr. M. to attend the Judge Paid his fee and clerk with brief and papers Attending him ..... Paid him conference fee ... Attending him ..... Attending conference .... Fehruary 26ih. Attending client for and obtaining probate for production to the Judge Attending the Judge in Chambers when his Lordship considered the arrangement was a good and beneficial one for all parties, and made the order asked, the costs of all parties to be taxed as between solicitor and client . Attending client fully reporting what the Judge had done ..... iVarch C>th. (Notice to settle minutes of order, attendances settling notice to pass, attendances passing, paid for order and drawing and copy costs and attending taxing, as usual.) Sittings' fee Letters, messengers, &c. .... Note. — In this case the amount of the testator's share of capital in the business exceeded £60,000. d. £ s. d. 12 7 G 8 4 - 2 G 6 8 4 _ 1 11 G - 2 4 - 2 - 2 2 4 1 V - _ G 8 . 11 - - - G 8 . 1 6 - - 3 4 — 13 4 G 8 13 4 13 4 If) C. D— Plaintiff's Costs.'] 107 8 PLAINTIFF'S COSTS OF ORIGINATING SUMMONS FOR FORECLOSURE BY IMORTGAGEE. IN THE HIGH COURT OF JUSTICE. 181) . No. Chancery Division. Mr. Justice Between , Plaintifi', AND , Defendants. The Bill of Costs of the plaintiff to be taxed pursuant to the Order dated November 2t)th, 189 189 . Odohcr lith. £ s. d. £ s. d. Instructions for originating summons for fore- closure of the property comprised in the mortgage of the estate of November 18th, 18G9 - 13 4 Drawing same 11- Odoher I5th. Making copy originating summons for Cham- bers - 2 - The like for central office .... - 2 - The like 2 copies for service .... - 4 - Preparing certificate of non - assignment of action ....... - 5 - Odober 18fh. Attending to issue originating summons Paid - 10 - Attending to get same sealed and return approved ....... - 13 4 AVriting to Mr. with a copy of the summons, and requesting to know if he would accept service for defendant A. . - 3 6 "Writing to Mr. with copy and thereon and to know if he would accept service for defendants B. . . . . - 3 6 Instructions for affidavit of the plaintiff in support of summons - 6 8 Drawing same (fos. IG). . . • • - 16 - Odober 19t/i. On telegram from defendant A.'s solicitor requesting us to send original summons, when he would serve copy on Mr. , writing him therewith and thereon . . - 3 G MICHAELMAS SITTINGS, 189 . Odober 2Wi. Writing to defendant A.'s solicitor acknow- ledging the receipt of the originating C. D.—PMnilfs CoHls.'\ 108 summons duly indorsed, and sending him cheque for his charges for service of writ and £1 \s. former charges re Paid for service of writ .... Writing to Mr. , defendants B.'s sohcitor, to know if he had yet seen Messrs. B., and whether he had received instructions to appear for them, and enclosing the original summons in case he had not, and requesting him to serve the copy on Messrs. and Co. to-morrow . Ocfoher 2Sth. Engrossing affidavit of plaintilf (fos. 16) Novemhcr Isf. Journey to with mortgage deeds and affidavit, and attending the plaintiff" to be sworn to same ...... (The above allowed as 2 letters to agent at 5s. and Ss. 6d.) Paid oath Preparing 3 exhibits ..... Paid marking ...... Paid railway fare and cab hire (Allowed as £1 Is. paid to agent.) Novemler 2nd. Making copy affidavit for office copy (fos. 1()) Paid filing affidavit ..... Paid marking office copy .... Notice of filing to Messrs. and Sons Attending summons when Messrs. appeared for Messrs. and Co., de- fendants B., and they informed the chief clerk that the defendant A. had assigned all his property to a trustee as a defendant, and adjourned till Thursday, the loth inst. Attending bespeaking liat to amend, and afterwards obtaining same November Srd. Attending at central office amending original summons ....... Paid Making copy summons as amended for central office The like for Chambers The like for service on j\Ir. — , de- fendant C. ...... Drawing affidavit of service of summons on defendant A. (fos. 7) AVriting to defendant A.'s solicitor therewith and requesting him to get same made, and informing him that we had amended the summons by making Mr. , £ s. d. £ 5. d. -36 - U 2 - 1 G - 3 - 2 6 3 6 5 4 - 3 - 5 4 4 - 6 8 6 8 6 8 2 _ - 9 - - 7 C. D.— Plaintiff' s Costs.'] 109 for as to office copy defendant C, the trustee in Ijankrnptcy, a defendant ....... Koremhrr 1th. Atteudinp; the chief clerk gettinf^ the date of the adjournment of the summons altered from tlie 10th to the 22nd instant to enable us to serve defendant C. . Drawing affidavit of service on defendant C. (fos. S) Writing ]Mr. therewith and with summons and copy requesting him to get same served on defendant C. and to make affidavit and return documents to us . Novcmher 9tJi. Writing to defendant A.'s solicitor acknow- ledgmg receipt of affidavit of service on MrT , and sending him postal order for 10s. Id, his charges . Paid and for order ]\Iaking copy affidavit of Mr. service on defendant A. (fos. 7) . . . . November 10 th. Paid filing affidavit Paid marking office copy Kovemder 17 fh. Writing to Mr. order for £1 9s. Id., amount of his charges Paid and for order Paid filing affidavit of Mr. Paid marking office copy .... November 22n(J. Attending summons when the chief clerk entered the evidence, and as no one attended for the defendants he wanted the deeds strictly proved, and adjourned the sum- mons until Tuesday next at 11.30 Novemher 2hth. Drawing affidavit of ^Mr. proving the execution of the transfer of mortgage of June 23rd, 1880 (fos. 5) . Engi'ossing ..... Making copy for office copy . Attending Mr. to be sworn Paid oath Preparing exhibit .... Instructions for affidavit of Mr. P. as to execution of mortgage of November 18th, 18G9 . . ^ Drawing same (fos. 4) . Engrossing .....•• ^Making copy for office copy , . . • £ s. cl. £ s. d. with post-office 10 1 3 3 G 2 4 3 G 13 4 - 5 - - 1 8 - 1 8 -08 - 1 - 8 4 - 1 4 1 4 C. D.—riaintifs Costs.'] 110 Writing to Mr. P. tliat we would call upon him at 10 o'clock to-morrow morning with the deeds and affidavit .... Xovemher 'l(\th. Paid filing affidavit of Mr. Paid marking office copy .... Journey to Kington, Herefordshire, with deed and affidavit, and getting Mr. P. sworn to affidavit, equal to 2 days .... (Allowed as before as 2 letters to agent, bs. and os. kkl.) Paid oath Prei^aring exhibit .... Paid marking .... Paid Mr. P. for his attendance Paid railway fare and hotel expenses (As before : £1 Is. as agent's charges.) Xovemher 2Sfh. Attending at central office searching for a])pearances of the defendants A. and C, and bespeaking certificate of non-appearance and obtaining same ..... Paid . ." Paid filing affidavit of Mr. P. . . . Paid marking office copy .... Xovemher 21) /A. Attending adjourned summons when order made for foreclosure ..... Decemhcr 6th. Close copy minutes of order (fos. 8) Notice to settle to Messrs. Decemher dfh. Attending the Registrar order Attending: Mr. d. £ s. d. -36 2 C - 10 - 1 - 1 - 11- 2 G 2 G settling minutes of with the minutes, when he approved thereof as settled . Decemher 10 fh. Notice to pass order to Messrs. Deremher \?>th. Paid for order Attending passing ..... Decemher iWi. Making copy order for Chambers (fos. 8) Decemher lOfh. Preparing summons to proceed and attending sealing ..... Paid Copy for Chambers Copy for service on Messrs. Service thereof .... - 10 1 - G 8 13 4 2 8 4 - 13 4 - G 8 -28 - 3 - - 2 - - 1 - - 2 G C. D.— Plaintiff's Costs.'] Ill Making copy summons to file in defanlt of appearance by the remainint^ defendants The like for office copy Attending for and obtaining reference to Taxing Master Doremher \lth. Attending filing copy summons in default of appearance, and bespeaking office copy, and afterwards foi' same Paid marking office copy .... Decemher 21st. Attending summons to proceed \Yhen account was directed to be carried in and an affi- davit filed as to service of summons on Messrs. , on behalf of the defendants B., and adjourned Drawing and engrossing affidavit of service of summons on Messrs. (7 fos.) Paid oath Paid filing . ]\Iaking copy for office copy Paid marking Sittings' fee HILARY SITTINGS. 189 . January. Drawing account of receipts and payments (fos. G) and copy thereof .... Instructions for affidavit of the plaintiff in verification .... Drawing same (fos. 11) Engrossing ..... Preparing exhibit .... Attending the plaintiff" to be sworn Paid oath ..... Paid marking exhibit . Paid filing affidavit Making copy affidavit for office copy Paid marking .... Notice of filing to Messrs. Attending lodging account in Chambers, and obtaining appointment to vouch Notice to ^lessrs. of the appoint ment ...... January 25th. Attending appointment proceeding on ad- journed summons, costs as mortgagee charged in account directed to be taxed on request, and summons adjourned . Attending taxing mortgagee's costs Transcribing Taxing Master's certificate on mortgagee's costs £ s. d. £ s. d. - 1 - - 1 - - G 8 - - - 1 G - 2 G -12 - 1 6 - 1 - -26 - 1 10 - 13 4 - 7 — -2-4 - 15 - G - 6 8 11 - 3 8 1 - 6 8 3 8 4 - - 4 - 13 4 - 13 4 -26 C. D.—Plainiifs Costs.'] 112 Paid stamp ....... Paid percenta,<>e on mortti'a.tjee's costs Attending filing Taxing Master's certificate, and for oifice cojiy ..... flaking copy for otlice coi)y, at per folio Paid marking, at per folio .... Attending adjourned summons when account completed and adjourned for certificate Copy certificate (fos. 12) Close copy ....... Attending to settle, when same settled subject to amount of costs in action being supplied Drawing costs of action and copy for taxation (fos. 39) Copy of foreclosure order for the Taxiuy Master (fos. 8). Preparing and copy statement as to parties for him Attending taxing . Transcribing certificate . Paid .... Attending for and to file and get office copy Making copy for office copy, at per folio Paid marking . . . . , Attending adjonrned summons, certificate finally settled .... Engrossing certificate . Paid for same .... Paid percentage on receipts in account Attending to sign certificate . Making copy certificate for office copy Paid marking .... Attending filing and for office copy Sittings' fee HILARY SITTINGS, 189 Instructions for power of attorney from the plaintiff to attend and receive principal, interest and costs Drawing same (fos. 0) . Engrossing . Paid stamp . Attending to obtain executior Attending at Poom 138, Royal Courts of Justice, on ajipointment to receive money pursuant to certificate . . . . Paid Sittings' fee Letters, messages, cab hire, &c. £ s. - 10 6-. d. 10 - -26 10 9 - 9 - 10 - 5 8 - 4 - 2 • ) 4 4 - -4 - 1 (i - 2 G 13 4 2 G G 8 - 4 G 8 4 — G 8 4 - 6 8 15 - - 10 - - 12 - - 4 - - 10 - - 13 4 - 15 1 1 C, D.— Plaintiff's Costs.'] 11?, 9. IXFAXT PLAINTIFF'S AND GUARDIAN'S COSTS OF ORDER TO VARY ORDER FOR MAINTENANCE AND TO APPRENTICE THE INFANT PLAINTIFF AS BETWEEN SOLICITOR AND CLIENT. IN THE HIGH COURT OF JUSTICE. Chancery Divisiox. Between, &c. TRINITY SITTINGS. 189 . Jime 1st. £ s. d. £ s. d. Attendino" guardian and liis son, conferring as to the desire of the latter to be apprenticed, and arranging to consider question of premium and to meet him on Saturday . - 6 8 Jime htli. Attending guardian and his son, conferring as to proposed apprenticeship, taking note of terms suggested, and arranging to consider if consent of Court necessary ... - 6 8 June 8fh. Attending guardian and afterwards with him on Mr. , arranging for son to go to iatter and to get consent of Court to apprenticeship as soon as possible . . - G 8 Instructions for affidavit of guardian in support of summons .... - 6 8 Drawing same (folios 12) ... . - 12 - Engrossing ....... - 4 - Jtme 27th. Attending ]\Ir. — explaining that apprenticeship could not be made without consent of Court -08 Attending guardian on his making affidavit . - 6 8 Paid oath - 1 6 Attending ]\Ir. S., solicitor, who called on behalf of Mr. explaining position of matter ....... - G 8 Attending to bespeak certificate of fund and subsequently to obtain same ... - G 8 Paid .-11 Attending the infant plaintiff when he said he •would like to be apprenticed to a (trades- man) ....... - G 8 Septemhe?' "drd. Writing jNIr. H. for terms .... -30 Sqytemher i'>th. Attending Mr. H. conferring, and he said he wanted £, premium .... - G 8 J.c. I C. D.—rJainUff's Cosls.l 114 £ s. d. £ s. d. Writintr guardian reporting and for him to see Mr. H. ...... - 3 6 September Sf/i. Attending guardian, who said he had arranged for his son to go on trial to ^Fr. C, and had arranged for 3 years' apprentiee- ship - G 8 September lll/i. Attending guardian conferring, when he showed me letter from ]\Ir. C. saying the plaintiff could go to him on ^Monday, and he was to lee me know whether the matter v,-as to proceed in a fortnight or so . . - 6 8 November bfh. "Writing IMr. C. inquiring if he was satisfied, and with memorandum of terms ... - 3 6 HILARY SITTINGS. Jayiuary I'lnd. Instructions for special summons to vary order for maintenance and to apprentice the infant to Mr. C, preparing summons and attending to issue ..... - 13 4 Copy for Chambers (folios 8) . . . . - 2 8 Paid issuing - 3 - Instructions of affidavit of fitness of Mr. C, to whom infant was to be apprenticed . . - G 8 (Drawing, (tc, as usual.) Fair copy order for maintenance for chief clerk (folios 0) - 3 - Attending summons to vary order and ajipren- tice ])laiutifF, when chief clerk expressed opinion that the ap])lication was a proper one, but adjourned the summons for a fort- night to enable the guardian's account to be passed in the meantime ... - 6 8 January Idth. Attending appointment before chief clerk on adjourned summons, but he required guardian's account completed and certifi- caLe filed before making order ... - G 8 March bt/i. Attending chief clerk on summons, when he made the order as asked, the apprenticeship deed to be settled in Chambers, the amount of maintenance to be reduced to £ per annum ....... - 13 4 JIarch Wth. Instructions for indenture of apprenticeship . - 10 - Drawing same (folios 13) ... . 1 G - Fair copy for Chambers ..... - 4 4 C. D.— Plaintiff's Costs.'] 115 Attendiiifj appointment before junior clerk to settle apprenticeship indenture . Enfrrossinu' same in duplicate and collating same with draft as settled (folios l;->) . Drawingallidavit verifying engrossment (fos.4) (Engrossing, &c., as usual.) Attending obtaining execution of deed by Mr. C, and attesting . The like by guardian Paid stamp on indenture Ditto on counterpart Drawing affidavit verifying execution of deed (folios 5) .... (Engrossing, &c., as usual.) Attending settling order Close copy .... Attending examining proof . Attending passing order Paid stamp .... Preparing request and attending at Pay Office bespeaking sale of Consols Sale being completed, preparing request for transmission by post of £ to Mr. C. Writing Mr. C. therewith instructing him to sign same and return to us Attending lodging at Pay Office Drawing these costs and co{)y, at per folio Attending assessing .... Term fee, letters, messengers, &c. . d. £ s. d 1 - 10 13 17 10 10 3 4 3 4 6 8 6 8 6 8 2 G 3 G 8 - 8 1 1 10. PETITIONER'S COSTS UNDER THE TRUSTEE ACT ]SI)3_]X CASES OTHER THAN THOSEMN WHICH THE APPLICATION MAY BE MADE BY ORIGINATING SUMMONS. IN THE HIGH COURT OF JUSTICE. Chancery Division. In the matter of the Trusts of the Will of , Deceased, AND In the matter of the Trustee Act, 1893. The Bill of Costs and expenses of the Petitioners of and relating to the application to be taxed in pursuance of the Order made in the above-mentioned matters on the day of , 181)0. HILARY SITTINGS. ISO"). Januarjj Wth. Instructions for petition .... If petitioner an infant, charge — Drawing consent of next friend to act, and attendinor to a'et same sio:ned d. & s. - 13 - 6 I -1 d. 4 a D.— Plaintiff's Costs.'] IIG Drawing petition, at per folio " , Attending Mr. with same to settle . Paid fee to him and clerk . . . , January IHfh. On receipt of draft settled by counsel with his opinion, close copy of his opinion, at per folio (if agency) Engrossing petition, at per folio . Making copy petition for the Judge, at per folio Attending to present same Paid stamp Copy petition for service, at per folio Service of same ...... (If beyond 2 miles, or sent to agent for service, insert the usual charges for ser- vice and affidavit of service, if made.) January 2bth. Instructions for affidavit in support of petition Drawing same, at per folio .... (If settled by counsel, insert usual charges.) Engrossing affidavit, at per folio . Preparing exhibits (if any), each , Attending deponent to be sworn . Paid oath ..... And exhibit (if any) ... Making copy affidavit to be iiled as an office copy, at per folio Paid tiling affidavit Paid for office copy, at per folio Notice of filing .... Sittings' fee . If agency, letters, &c. . . . EASTER SITTINGS. If any affidavits filed in opposition, charge — Paid for copy affidavit of filed on behalf of respondent, at per folio Perusing same, at per folio .... And in agency cases, close copies, at per folio (If any further affidavits necessary in support of the petition, charge for them as before.) Drawing brief, at per folio .... Making 2 fair copies of same, at per folio Two fair copies petition, affidavits, exhibits, and all other necessary documents, at per folio £ s. d. £ s. (1. 1 - G 8 - - 4 - 4 G 8 1 - - - 6 8 1 - - 4 1 - G 8 1 G 1 - - 2 (5 - 2 4 - 15 - G - - - 4 - - 4 - - 4 - 1 - - - 4 - 4 * The Taxing Master has discretion to increase this charge and the previous charge of instructions for petition. C. D.— Plaintiff's Costs.] 117 Attending Mr, Fee to him and clerk Attendiuii" Mr. -, Q.C., with brief - wiLh briff - appointing consulta Fee to liim and clerk Attending ilr. tion ....... Paid his fee and clerk .... Attending Mr. appointing consulta tion Paid fee to him and clerk Attending consultation .... May 2nd. Attending Court : petition not reached . JIai/ 3nl Attending Court : petition heard and order made ....... Attending the Registrar with papers and for draft order (Close copy (in agency), notice to settle, and subsequent charges as usual.) £ s. d. £ Z I 1 3 G s. d. C « C 8 - G 8 -34 - 13 4 - G 8 2 2- - G 8 11. COSTS OF OBTAIXIXG ORDER TO TAX SOLICITOR'S BILL OF COSTS AXD APPLICAXT'S COSTS OF THE REFEREXCE. IX THE HIGH COURT OF JUSTICE. Chancery Divisiox. In the matter of A. B. and C. D., two Solicitors of the Supreme Court. 18 . June. Attending Mr. conferring with him respecting the bill of costs of Messrs. A. B. and C. D., which he had received, and advising him fully thereon, when he requested us to obtain an order to tax same under the Solicitors' Act . . . . . • • • If applicant an infant, charge for drawing authority and attending to obtain consent of Mr. — ^ to sue in his name as next friend .... Drawing petition (folios 5) . Engrossing same ....••• Attending Rolls Secretary to present same and for order Paid for order .....-• Making copy order for service, at per folio Service of same . . . . • • • Or, if served beyond 2 miles from solicitor's office, for each mile beyond such 2 extra . . . • If sent to an agent, charge — "Writing to agent with same for service . s. d. - 13 4 . - 13 4 . - - . - 1 8 . - 13 4 . - - . - - 4 . - a — 1 . - 1 - . - 3 6 C. D.— Plaintiff's Costs.'] 118 £ s. (L "Writing to agent subsequently with amount of his charges - 3 6 Paid liis charges (post-office order) .... Attending to get Master in rotation marked Making copy order for the Taxing Master, at per foho Making copy of bill of costs directed to be taxed for use at per folio ........ If sent to agent for service — "Writing to agent with same ..... Subsequently writing to agent with his charges Paid agent's charges {post-office order) . Paid for copy affidavit of Mr. verifying account of receipts and payments, at per folio . The like of account, at per folio .... Perusing affidavit and account, at per folio If agency, close copy ...... Attending before the Master taxing IMessrs. A. B. and C. D.'s bill of costs, and proceeding on their account, when same settled, at per hour each . . . . - G 8 If a sixth has been taxed olf, charge — Drawing this bill of costs and copy, at per folio . . - - 8 Attending taxing same, for every 25 folios or fractional part -G8 Certificate and transcribing 12- Attending to file same and bespeaking office copy . . - G 8 Paid for office copy . . . . . . . . - 3 - Sittings' fee - 15 - If agency, letters, &c. . . . . . . . - G - Paid percentage on £ , amount of bill of costs, Messrs. A. B. and CD The like upon £ , amount of this bill The like upon taxing amount of receipts and payments, £ - 4 - 4 3 6 3 6 - 4 - 4 - 4 - 4 12. COSTS OF OBTAINING AN OEDER FOR TAXATION OF SOLICITOR'S BILL OF COSTS "WHICH HAD BEEN DELIVERED 12 MONTHS OR AVHICH HAD BEEN PAID. 18 . J imp. £ s. d. Attending Mr. and conferring with him on Mr. 's bill of costs, when he stated it had been de- livered to him beyond 12 months, or had been paid, and perusing bill, and advising him that it would be necessary to apply to have same taxed, as several of the charges were excessive, and taking his instructions to do so . . . . . . . . . .11- If applicant an infant, charge — Drawing authority and attending and obtaining consent of Mr. to sue in his name as next friend . . - 13 4 Preparing original summons and fair copy, and attending at Chambers to get same sealed . . . . .11- Paid seahng same . . , - 10 - C. D.— Plaintiff's Costs.'] 119 Making copy of summons for Chambers . Or per folio ...... Attending to seal duplicate and original summons, and attending to get copy marked for service Making duplicate to iile .... Or at per folio Paid sealing duplicate .... Making copy summons to serve Or at per folio ..... Paid sealing copy to serve Service of same If served at a distance of more than 2 miles from solici tor's olHce, for each mile beyoud such 2 miles, extra If sent to an agent, charge — Writing to agent with same for service . Subsequently writing to agent with his charges Paid his charges (post-office order) .... Drawing and engrossing affidavit verifying service of copy summons, at per folio .... Paid commissioner taking deponent's oath Making copy affidavit to be marked as an office copy, at per folio ...... Paid filing affidavit .... Paid for office copy, at per folio Instructions for affidavit of in support of summons (The Taxing Master has the power to increase this allowance.) Drawing same, at per folio Engrossing same, at per folio . Preparing exhibits (if any), each Attending deponent to be sworn to same . Paid commissioner taking deponent's oath Paid him marking exhibits (if any), each Making copy of affidavit to be marked as an office copy, at per folio ...... Paid filing affidavit .... Paid for office copy, at per folio Notice of filing same, copy and service If affidavit filed in opposition, charge — Paid for copy affidavit of , at per folio Perusing same ..... If agency, close copy .... Attending summons when order made Close copy draft order, at per folio . Notice to settle same, copy and service Attending settling same .... Or at Taxing Master's discretion Paid for order ..... Notice to pass same, copy and service Attending passing same .... (FoiMnaking-^copy and taxmg solicitor's costs, see pre vious bill.) £ s. d. _ _ 4 - 13 4 - 2 - - - 4 - 5 — - 2 - - - 4 - 5 - - o — - 1 - - 3 G - 3 G 1 - 1 G _ _ 4 - 2 6 - - 2 - G 8 1 - - 4 - 1 - - G 8 - 1 G - 1 - _ _ 4 - 2 - - 9 - 4 - _ _ 4 - - 4 - - 4 _ _ 4 - 4 - - 13 4 3 3 - - 5 - - 4 - - 13 4 C. D.—Plainiiff's Costs.'] 120 SOLICITOR'S BILL FOR APPEARING ON AN ORIGI- NATING SUMMONS TO TAX HIS BILL OF COSTS AND THE COSTS OF THE REFERENCE WHEN A SIXTH HAS NOT BEEN TAXED OFF. for same.) May, 18 . Instructions * Paid for copy affidavit filed in support of summons, at per folio Perusing same If agency, close copy .... (If any affidavit filed in opposition, charge Attending summons when order made Close copy draft order, at per folio . Notice to settle same, copy and service Attending settling same .... Or at the Taxing Master's discretion Paid for order Notice to pass same, copy and service Attending passing same .... Attending taxing solicitor's bill of costs and proceeding upon accounts when same settled, at per hour each Drawing this bill of costs and copy, at per folio Attending taxing same, for every 25 folios or fi'actional part Sittings' fee £ s. d. - 4 - 4 - 4 - 4 4 - 13 4 5 - 4 - 13 4 8 - 8 fi 8 15 - 14. COSTS OF MOTION TO COMMIT FOR NON-DELIVERY OF COSTS AND ACCOUNT IN PURSUANCE OF ORDER. In the matter of a Solicitor of the Supreme Court. MICHAELMAS SITTINGS. IS . November. Drawing notice of motion to commit Or per folio Making copy for service, at per folio Service of same ....... Or if beyond 2 miles from the solicitor's, for each mile beyond such 2 miles, extra ..... If sent to an agent fur service, charge — Writing to agent with same ..... Subsequently writing to ;igent with his charges Paid his charges (post-office order) .... Drawing and engrossing affidavit of service of order for delivery and taxation oi' bill, at per folio Preparing exhibits (if any), each .... Paid commissioner taking deponent's oath Paid him marking exhibits (if any), each Making copy affidavit to be marked as an office copy, at per folio ......... s. d. 5 — - 4 - 4 1 - 3 6 3 G * See note p. 323. C. D.— Plaintiff's Costs.'] 121 in support of notice Paid filing affidavit . Paid for office copy, at per folio Drawing and engrossing affidavit verifying service of copy notice of motion, at per folio Paid commissioner taking deponent's oath ]\Iaking copy affidavit to be marked as an office copy, at per folio .... Paid tiling affidavit. Paid for office copy, at per folio Instructions for affidavit of of motion .... Drawing same, at per folio Engrossing same, at per folio . Preparing exhibits (if any), each Attending deponent to be sworn to same . Paid commissioner taking deponent's oath Paid hirn marking exhibits (if any), each Making copy affidavit to be marked as an office copy, at per folio ..... Paid iiling affidavit .... Paid for office copy, at per folio Notice of filing same, copy and service Drawing brief for counsel to appear in support of notice of motion, at per folio ....... Making copy thereof, folios , notice, folios , affidavit in support, folios , exhibit (if any), folios , and order for delivery of bill of costs, folios , together folios for counsel, at per folio Attending Mr. with same .... Paid fee to him and clerk Attending Court when, on motion being called on, Mr. , counsel for ]Mr. , requested further time to answer applicant's affidavit, when motion was ordered to stand over until next motion day . December. Paid for copy affidavit of , at per folio Perusing same, at per folio If agency, close copy Making brief of the affidavit for counsel, at per folio Attending Mr. with same Paid fee to him and clerk Attending him with same Attending Court on adjourned motion, when order made for an attachment order not to be drawn up for days December oOth. Attending tlie Registrar with brief and papers, bespeaking draft order ..... Close copy draft order, at per folio . Notice to settle same, copy and service Attending settling same . Paid for order .... Notice to pass same, copy and service Attending passing same . _ 9 - 4 - 13 - 5 - 4 - 13 d. 6 2 - G 8 - 1 - - - 4 - 13 4 - - 4 - — 4 - - 4 - - 4 -68 2 4 - G 8 1 1 - C. D.—Defendanfs Costs.'] 122 Preparinu- writ of attachment, and attr-ndino- to get same sealed . Paid sealing same . . . . . . .' . . Attending lodging same with ]\[r. , the under- sheriff. ......... Paid for warrant ........ Making copy order for the Taxing Master, at per folio Attending to get Master in rotation marked Charges for taxation, &c., as cmie, p. IIH, 10 10 (1. (•> 8 - 4 G 8 1. DEFENDAXT'S BILL OF COSTS IX ACTIOX. IX THE HIGH COURT OF JUSTICE. 18')4. Xo. Chancery Divisiox. Between and others, Plaintiffs, AND and others, Defendants. The Bill of Costs of the Defendant , to be taxed as between and , in pursuance of Order made on the day of , 181)4. HILARY SITTINGS. 1804. JIarch. Instructions to defend* If writ not personally served, charge — Attending plaintiflF's solicitor accepting ser- vice of writ and giving him an undertaking to appear ....... Attending entering appearance If entered at one time for more than one person, for every defendant beyond the first Paid entering, each defendant Xotice thereof, copy and service If defendants infants — Attending Mr. obtaining authority to act as guardian on behalf of the infant or infants, A. B. and Instructions for affidavit of in support of guardian ..... Drawing same, at per folio , Engrossing same, at per folio Attending deponent to be sworn to same Paid connnissioner taking deponent's oath IMaking copy of this affidavit to be marked as an office copy, at per folio , Paid filing affidavit .... Paid for office copy, at per folio Lower Scale. Higher Scale. S. (I. £ .V. il. 8 - 13 4 £ 8 (5 8 G 8 _ _ 9 - 2 G 4 - G 8 G 8 1 - - 4 G 8 1 G - 4 2 G _ '> * For the Taxing Officer's power to increase this allowance and other items stated to be discretionary, see p. 15. C D.— Defendants Costs.'] 123 Lower Scale. Higher Scale. Copy and service of order on plaintiCF's solicitors . ■ . . . . If the plaintiff take out a summons for leave to amend writ, or for time to deliver statement of claim, chai'ge — Attending plaintiff's summons for leave to amend writ when order )uade Attending plaintiff's summons for time to deliver statement of claim when order made Perusing statement of claim .... Or per folio ....... If agency, close copy, at per folio, if printed . If statement of claim is under lo folios and not printed, charge close copy, at per folio . (If printed, paid for copies, Id. per folio for first copy, ^d. per folio for each other copy.) Summons for time to deliver statement of defence* ...... . Paid sealing ...... Making copy for Chambers . The like for service .... Service on plaintiff"s solicitor. Attending summons when order made . Notice of order Instructions for statement of defence Drawing same (discretionary) Or per folio ...... Instructions for counterclaim Drawing same ..... Or per folio ...... Making copy writ of summons for counsel at per folio Copy statement of claim for counsel, if printed at per folio ..... If written, at per folio .... Making copies of will of testator and other documents to accompany instructions to counsel to settle statement of defence, at per lolio . Attendino- Mr. with same to settle Paid fee to him and clerk .... Making copy statement for the printer, at per folio ........ Examining and correcting proof, at per folio . Paid printer's charges (minus received for copies) . . . . • • • If statement does not exceed 10 folios, charge instead of copy for printer, &c. Engrossing statement of defence, at per folio , Copy to deliver, at per folio .... d. £ d. 3 G - G 8 - 13 4 - 4 _ 2 - 4 G 13 - 4 3 - - G 8 2 _ _ 2 — 1 - - 2 - 2 G - 2 6 G 8 - (■> 8 4 - - 4 - (5 8 - 13 4 5 - - 10 - 1 - - 1 - G 8 - 13 4 5 - 1 1 - 1 - - 1 - - 4 - 3 - 4 — 4 - - 4 G 8 - G 8 4 G 2 4 G _ 4 _ _ 4 _ •> — - 2 * An application for consent sliould first bo made. C. D.—DefendanVs Costs.'] 124 Attending to deliver same . . , . If the plaintiff amend his statement of claim, charge perusing same, if in writing . Or per folio If rej)riiited ...... Or per folio of amendments . Inserting amendments in printed copies, per folio ...... Or per folio If agency, charge for close copy Or per folio If defence amended, charge — Instructions to amend same . Drawing amendments .... Or per folio Attending Mr. with same to settle Paid fee to him and clerk If agency, charge making close copy of connsel's opinion on amendments, at per folio Making copy of further correspoudence for counsel to finally settle amended defence, at per folio ..... Attending ]\Ir. with same Paid fee to him and clerk Inserting amendments in original . Or per folio . . . . Copy amendments for printer, at per folio Examining and correcting proof of the whole print, at per folio Paid printer's bill (minus £ received for copies) Copy amended defence for service, at per folio of amendments If amended in writing, instead of copy for printer, &c., charge — Inserting amendments . Or per folio Attending to deliver same Perusing reply .... Instructions for joinder of issue ])rawing same .... Or per folio ..... Attending Mr. with same to settle Paid lee to him and clerk Engrossing rejoinder, per folio Making copy to deliver, per folio . Attending to deliver same .... Instructions for counsel to advise on evidence Or not to exceed .... Attending Mr. with same Paid fee to him and clerk ... Attending plaintiff's solicitors obtaining their consent to take evidence by affidavit Lo-n er Scale. High er Scale. £ S. d. £ S. d. T •i 4 - G 8 J? G 8 _ 6 8 . - - 4 - - 4 . - 8 - 13 4 f - 4 - - 4 jU 1 _ _ 5 - . - - 4 - - 4 . - 1 - - 5 - . - - 4 - - 4 — 8 _ 13 4 . - T) - - 10 - . - 1 - - 1 - . - o 4 - G 8 . 1 •J () 1 3 G 1 3 G 13 G 4 4 - - 4 4 - G 8 G 1 3 G 4 4 4 - - 4 - - 9 1 - - 4 3 4 (] 8 G 8 - 1 - G 13 ]3 10 1 G 3 (5 8 G 8 1 - G 8 4 (] - G 8 G 8 C. D.—DefenclanVs Costs.'] 125 • Lowei' Scale. Higher Scale. £ s. d. £ s. d. Prepariiiii; notice to produce and copy . . _ 5 _ _ 7 (; Or per folio --8-14 Any other copy for service, as the Taxiui;- Master shall think proper, not exceeding, per folio --4__4 Service of same on each solicitor . . . - 2 - 2 (i Preparing notice to admit and copy . . - 5 _ _ - Or per folio --8-14 Any other copy for service, as the Ta.xing blaster shall think proper, not exceeding, per folio -_4__4 Service of same npon each solicitor . . ~ '2 <^) - 2 C Attending and giving inspection of documents proposed to be admitted . . . . - G 8 - 13 4 Or per hour - 8 - G 8 Perusing plaintiif's notice to admit . . - G 8 - 13 4 The like notice to produce . , . . - G 8 - 13 4 Attending plaintitf's solicitors inspecting plaintiff's documents proposed to be ad- mitteil -G8-13 4 Or per hour -G8-G8 Attending to examine and sign plaintiff's admissions -G8-134 Fair copy defendant's notice to ius])ect and admit for admissions, at per folio . . - - 4 - - 4 Attending plaintiff's solicitors on their ex- amining and signing defendant's admissions - G 8 - 13 4 Instructions for affidavit of defendant verify- ing his statement of defence . . . - G 8 - G 8 (In the higher scale the Taxing Master may increase the amount of this charge.) Drawing same, folio , at ]3er folio . . - 1 - - 1 - Instructions for affidavit of verifying certain documents and correspondence which were not admitted .... Drawing same, folio , at per folio Attending Mr. with same to settle . Paid fee to him and clerk .... Engrossing affidavit of defendant verifying his statement of defence, at per folio . Attending deponent to be sworn to same Paid commissioner taking deponent's oath ^Making copy of this affidavit to be marked as an office copy, at per folio . . . . - - 4 - - 4 Paid filing aff^idavit - 2 - - 2 - Paid for office copy, at per folio . . . - - 2 - - 2 Engrossing affidavit of verifying certain documents and correspondence, at per folio - - 4 - - 4 Preparing exhibits, each .... Attending deponent to be sworn to same Paid commissioner taking deponent's oath Paid commissioner marking exhibits, each G 8 - G 8 1 - - 1 - 6 8 - G 8 5 G 3 5 6 1 _ _ 1 _ G 8 - G 8 1 G - 1 G 1 - - 1 G 8 - G 1 G - 1 1 - - 1 - - 4 - - 2 C. D . — Defendant'' s 6'y.v/.v,] 126 Lower Scale. Higher Scale. ,. , . , , Us. d. £ S. d. Jlakin^ir copy of this affidavit to be marked as an office copy, at per folio . . . , - - 4 _ _ 4 Paid filing affidavit - 2 - - 2 - Paid for office copy, at per folio . . . - - 2 - - 2 If the affidavits are printed, charge — Making copy affidavits for the printer, at per folio eacli . . , . . . . _ _ E.xamiuing and correcting proof, at per folio each . . . . . , . , _ _ Paid printer's charges (minus £ received for copies) ....... Paid filing, each affidavit at . . . - ~ 2 ~ ~ 2 - Copies ofsame to be marked as office copies, each - - -j - 2 - Notice of filing copy and service of these affidavits on plaintiff's solicitors. . . _ 4 _ _ 4 _ The like on the other solicitors, each . .-20 -26 Paid for print of copy affidavits filed on behalf of plaintiff in reply, folio , at folio each - - 1 - - 1 If written, paid for copies ofsame, at per folio each . . . . . . . .--4__4 Perusing same, at per folio each . . . - _ 4 _ _ 4 If agency, close copy, at per folio each . . _ _ 2 - - 3 If written, close copy, at per folio each . . - - 4 - - 4 Brief copy thereof for counsel, folio , at per folio each . , . , . .--2-- 3 If written, making brief thereof for counsel, at per folio -_4__4 Attending Mr. with same to advise as to further evidence in answer . . .-34 - 8 Paid fee to him and clerk . . . . 1 3 G 1 3 G (Charge for any affidavits filed by defend- ants in answer to further affidavits filed on behalf of ])laintiff.) (When evidence is taken orally, or parties had received notice to be cross-examined on the evidence they had filed on the hearing of the action, charge for attendances made upon the different witnesses. These attendances will be according to circumstances considered by the Master as instructions for the brief.) Preparing spa. duces tecum for Mr. - () 8 - G 8 If more than 4 folios, for each foho beyond 4-14 - 1 4 Paid sealing same . . . . . . _ 5 _ _ 5 _ ]\Iaking copy of same for service . . . _ 1 _ _ 2 - If more than 4 folios, for each folio beyond 4-14 - 1 4 Service of same _5__5_ Preparing spa. ad. test, for ]\Ir. and others _ 8 _ 6 8 If more than 4 folios, for each folio beyond 4-14 - 1 4 Paid sealing, not exceeding 3 persons . . - 5 - - 5 - Making copy of same for service . . . - 1 - - 2 - If more than 4 folios, for each folio beyond 4-14 - 1 4 C. D.—DefcmlanVs Cotils.'] 127 Lower Scale. Hi|;iher Scale. £ s. d. £ 5. d. Service of same . . . . . .-5--5- If the parties who arc subpoenaed reside beyond 2 miles from the solicitor's place of busi- ness, serving same, for each mile beyond 2 miles therefrom . . . . . - 1 - - 1 - If the spa. is sent to an agent to serve same, charge writing to agent with same for service -30 - 3 G Writing to agent with his charges for serving copy spa. . . . . . . .-30-30 Paid bis charges. "Writing to Mr. and informing him that his attendance would be required in Court before the inst -30-30 AVriting other witnesses, each at . . .-10 - 1 Having been served with notice for the de- fendant to produce on the hearing of the action certain documents in his possession, writing and informing him thereof . .-30 - 3 Perusing notice . . . . . .-08-13 4 If Action tried Short. Attending plaintiff's solicitor, giving consent to set down action as short . . .-08-08 Having received copy minutes of decree from plaintiff's solicitor, perusing same Or at per folio ...... Making copy of proposed minutes for counsel to settle, folio , at per folio . Attending Mr. — with same Paid fee to him and clerk .... Copy minutes as altered and settled for plain- tiff's solicitor, folio at per folio Writing him with same .... Subsequently attending plaintiff's solicitor and conferring with him as to the alterations in the minutes, and finally settling same Instructions for brief (discretionary) Drawing brief, at per folio each Making 2 fair copies of same, at per folio each Making 1 copy of writ for senior counsel, at per folio ...... Making 2 copies of (amended) statement of claim (if amended in writing) for counsel, at per folio each ..... Or per folio each at .... . If amendments printed, at per folio each Making 2 copies of (amended) statement of defence, if printed, at per folio . If amended in writing, inserting amendments in each print ...... Or per folio each ...... Making 2 copies of reply for counsel, if printed, at per folio each . (5 8 - 8 - 4 - - 4 _ 4 _ _ 4 O 4 - 8 3 1 3 (5 _ 4 _ _ 4 3 - 3 8 8 1 - 2 2 - 1 4 - 1 4 - 4 - - 4 1 - 4 - - 4 - 2 - - 3 - 2 - - 3 1 _ _ 5 — - 4 - - 4 _ 2 _ _ 3 C. D.—DcfendanVs Cosis.'] 128 If written, at per folio each . . . . Making 2 copies of joinder of issue for coun- sel, if printed, at per folio each . If written, at per folio each . . . . Making 2 copies of plaintill's notices to admit and produce for counsel, at per folio each . Making 2 copies of defendant's notices to admit and produce for counsel, at per folio each . Making 2 copies of proposed minutes for counsel, at per folio each . , . . IMaking copy will and other documents and correspondence for senior counsel, at per folio Attending Mr. , Q.C., with same Paid fee to him and clerk Attending Mr. with same Q.C., appointing Paid fee to him and clerk Attending Mr. consultation Paid fee to l)im and clerk Attending Mr. appointing consulta tion ....... Paid fee to him and clerk Attending consultation .... Attending Court, action in list but not reached Attending Court when action heard and order made .... Or according to circumstances If an action is in the Judge's list and not heard, or partly heard and adjourned till next sittings, charge — Attending to refresh Mr. , Q.C. Paid fee to him and clerk .... Attending to refi-esh IMr. Paid fee to him and clerk .... (When witnesses are examined, charge for further briefs to counsel as charged in plaintiff's costs.) If action partly heard, charge — Attending Mr. , Q.C, appointing further consultation . Paid fee to him and clerk Attending Mr. consultation Paid fee to him and clerk Attending further consultation Close copy minutes of order, at per folio Attending settling same Or at the Taxing Master's discretion, not to exceed Attending passing same (Subsequent charges for drawing bill of costs, &c., same as plaintiff's, ante, p. G7.) appointing further Lower Scale. £ s. d. - - 4 Higher Scale. £ s. d. - - 4 - - 2 4 - - 3 - - 4 - - 4 - - 4 - - 4 - - 4 - - 4 - - 4 - 4 8 - - 4 - 13 4 - (') 13 4 - r. 8 - 6 8 2 7 - 3 4 - 6 8 1 3 (; 1 3 6 - 13 4 - 13 4 - 10 - - 10 - - 13 4 11- »J ') — o o — - G 8 - G 8 2 4 (•) 2 4 G -- 3 4 - G 8 1 3 G 1 3 G . - G 8 - G 8 2 7 - 2 7 - 3 4 _ G 8 . 1 3 G 1 3 6 . - 13 4 - 13 4 . - 4 - - 4 . - G 8 - 13 4 . 1 1 _ 3 3 _ . - G 8 - 13 4 C. D.—DefendanVs Costs.'] 129 2. DEFENDANT'S COSTS OF ACTION AFTER JUDGMENT. Between, &c. EASTER SITTINGS. 18!) £ s. (L Attcndino; summons before the chief clerk to proceed under decree wlieii he uave directions for advertisement to be issued for creditors to send in their clients and the defendants, the trustees, were to bring in their accounts ......... (No attendance before the chief clerk will be allowed unless certified by him.) Several attendances on the defendants and conferring- with them as to the accounts which they would have to carry in Drawing account as to personal estate of the deceased, and fair copy, at per folio ....... Instructions for affidavit of defendants verifying same (The Taxing Master in higher scale actions may make such allowance as he thinks fit.) Drawing same, at per folio ..... Engrossing same, at per folio ..... Making copy account to be marked as an exhibit, at per folio Marking exhibits, each ...... Attending deponent to be sworn to same . (If deponents cannot be sworn at the same time and they live at a distance, this may be increased.) Paid oath Paid exhibits, each ........ Making copy of this affidavit to be marked as an office copy, folio , at per folio Paid fihng affidavit ....... Paid for office copy, at per folio . . . . . Notice of filing same and copy and service on plaintiff's solicitors ......... The like upon solicitors for parties entitled to attend, each On receipt of notice of claims from creditors, writing to Mr. , a creditor, that his claim w 6 8 0. D.— Defendant's Costs.'] 131 £ s. (I Attending plaintiff's summons to vary certificate when same directed to come with hoariiii;- on furtlior considera- tion ......••.. Sittin<,'s' fee ~ ^'\ ~ If agency, letters, &c - - (For brief, settling order and taxation of costs, see p. 93.) 3 COSTS OF PARTY SERVED WITH ORDER. HIGHER SCALE. In the matter of the Estate of . Between, &c. The Bill of Costs of F. H. (the wife of J. E. G.), the residuary legatee attending the proceedings in this action directed to be taxed by Order dated, &c., as between party and party. HILARY SITTINGS. Higher Scale. 1891. £ s. d. £ s. d. Attending Mrs. G. on her liaving been served with order and taking instructions to defend ...'.... - 13 4 Attending entering appearance ... -08 Paid .' -2- Notice thereof - 4 - March. '2Ath. Attending chief clerk on pedigree, and we were to obtain affidavit that defendant's husband was only once married — i.p., to her — and that tliere were only 2 children of the marriage ....... - 13 4 "Writing plaintiff's solicitors requesting them to send us copy decree and chief clerk's certificate (if any) Sittings' fee - 15 - 3Iay 2Ath. Attending appointment before the chief clerk to settle minutes of order, same partly settled, and appointment adjourned . July Ibth. Attending chief clerk on inquiries, when the matter was again adjourned Sittings' foe - 15 - HILARY SITTINGS, 1894. Attending before the chief clerk (as allowed by him) ....... Sittings' fee _. • ^ - 15 - Paid for copy chief clerk's certificate (folios 54) -18 - k2 1 1 - - 13 G. D.—Defe7idant's Costs.'] 132 Higher Scale. £ s. d. £ s. d. Perusing same ...... _ ig - Writing solicitors for trustee defendants, re- questing them to press on the matter and obtain an apjwintmeut from the chief clerk to proceed Paid them for copy account of testator's personal estate (folios 101) , . . 1 13 8 Perusing same 113 8 Paid for copy affidavit as to same . . .-119 Perusing same - 11 9' January 20th. Attending the chief clerk when the defendant filed a i'urther affidavit, which was held suffi- cient, and an appointment to vouch given for 2nd of February. . . . . - 13 4 Paid for copy further affidavit . . . - 2 - Perusing same ...... _ 2 - February 2nd. Attending on the vouching of the further accounts, when same disposed of, and certi- ficate partially settled .... 22- (Subsequent attendances according to the facts and the chief clerk's allowances.) Sittings' fee _ 15 _ EASTER SITTINGS. Paid for copies further affidavit (folios ), at -id. per folio Perusing same, at 4d. per folio Attending further settling certificate, when same was settled, subject to the examination of the legacies given by the testator's will with the probate 2 2- June 4:th. Writing defendant trustee's solicitors to know if the certificate had been filed ... -36 Paid them making addition to draft certificate (folios 68) 12 8 TRINITY SITTINGS. June 28th. Attending examining engrossment of chief clerk's certificate with our copy . . - 13 4 June SOth. Attending on signing the certificate . . - 6 8 Jidy 12 th. On letter from Messrs. that they had set down this cause for hearing on further consideration writing to know if they proposed to prepare minutes, or to let the cause be argued first ... - 3 6 C. D.— Defendants Costs.'] 133 Drawing brief on further consideration folios , at per folio .... Two copies for counsel, at per folio Making 2 copies of tlie will of testator for counsel (folios ) . Two copies decree and chief clerk's certificate July 2^rd. Paid Mr. IT., with brief. Attending- him Paid him consultation fee Attending hini Paid ]\rr. S., with brief . Attending him Paid him consultation fee Attending him August 2nd. Attending consultation ..... Attending Court when the various points arising were argued and judgment given, minutes to be signed by connsel . Sittino-s' fee MICHAELMAS SITTINGS. November IQth. Perusing minutes as settled by plaintiif's counsel ....... Making copy thereof for counsel (folios 13) . Instructions to counsel to settle same on behalf of Mrs. G Pee to him ....... Attending him ...... Kovemher '2htli. Writing defendant's solicitors with minutes approved Becember IGth. Attending to settle minutes of order, when owing to the alterations made the Registrar suggested all the counsel should meet and settle the minutes December 17 fh. The plaintiff's solicitor having arranged a conference to settle minutes, instructions for counsel to attend same .... Paid his fee . Attending him ...... December IS ih. "Writing plaintiff's solicitor we had arranged with our counsel to meet theirs and the other counsel to-morrow, and requesting them to bring the office copy chief clerk's certificate with them ..... Higher Scale. - 1 d. 11 - - 2 7- 12 - 13 6 - - 4 - 13 4 - G 8 - 13 4 -68 - 13 4 2 2- - 15 - G 8 4 4 6 8 6 8 3 6 13 4 6 8 6 8 - 3 G C. D.—DofmdcmVs Costs.'] 134 Higher Scale. Decemher iWi. £ S. d. £ s. d. Attending consultation wlicn the minutes were aji^reed ...... - 13 4 Sittings' fee - 15 EASTER SITTINGS. May \st. Attending Registrar settling minutes of order . - 13 4 Mail 2(Mh. Attending to pass order .... - G a Drawing bill of costs, &c. (as before) Sittings' fee - 15 — Letters, messengers, &c. .... 2 2 - 4. DEFENDANT'S COSTS. PATENT ACTION. Between, &c. 1891. Avf/ust Idlh. Instructions to defend Attending giving undertaking to appear August 2drd. Attending entering appearance Paid (2 defendants) .... Notice thereof, copy and service . Attending at Patent Office for and obtaining 3 copies of specification Paid October 20th. Paid for copy affidavit of Mr. , plaintiff (folios 8) Perusing same ..... October 2Sth. Instructions for affidavit of defendant H in opposition to summons for injunction and inspection of defendant's mills Drawing same (folios 5) Engrossing .... Attending defendant U. on his affidavit ..... Paid commissioner Paid filing afiidavit Office copy Notice of filing co})y and service . Instructions for affidavit of Mr. (scientific witness) Drawing same (folios 7; Engrossing Attending him to be sworn Paid oath Paid filing . Copy for office copy Paid marking £ - 4 Higher Scale. it. £ s. d. - 13 4 - 6 8 swearmg 1 - - 4 - G - 2 G 8 - 1 -68 - 1 G _ 2 G - 2 G - 4 - _ 13 4 - 7 - - 2 4 - G 8 - 1 G - 2 6 2 4 - 1 C. D.—DefendanCs Costs.'] Ocioher ?Mh. Attcuding plaiiitilf's summons for leave to inspect, no order made and the summons referred to tlie Jiid, 7 - Attending to appoint consultation Paid fee to Mr. with brief and clerk .11 - - Attending him ..... Paid consultation fee to him and clerk . .13 6 Attending to appoint consultation . Attending consultation .... Attending plaintiff's solicitors assenting to their proposal to alter their summons into a motion and to give short notice of motion . Having been served with notice of motion for injunction and to inspect, making 2 copies tlnu-eof for counsel ..... Instructions for brief on the motion 10 6 5 13 4 6 8 13 4 November ifh. Attending Court when and dismissed . the motion was made November 10th. Attending obtaining consent for 14 days' further time to deliver defence . Attending plaintiff's solicitors when they agreed to deliver further particulars of breaches wdthout obtaining an order there- for November 2bth. Preparing instructions to Mr. (scientific witness) to report as to any matters alfecting the validity of the patent . December 4th. Attending at Patent Office obtaining specifica- tion of patents Nos. .... Paid for same ...... 6 13 - G 8 1 1 - - G -68 1 1 - -68 ■C. D. — Defeyulanf s Costs.'] 136 Attending plaintiff's summons for leave to administer interrogatories, order made Sittings' fee HILARY SITTINGS. 1892. Janvarij Utli. Making copy of draft order for interrogatories Attending settling Jami.arij WUi. Attending appointment to pass the order, but the plaintilV's solicitors did not attend Writing them thereon .... Attending further appointment Perusing and considering the interrogatories . January 20th. Instructions for affidavit in answer to the inteiTOgatories ..... Drawing the same (folios 24) Paid fee to counsel to settle same . Attending him . January 2%th. Attending obtaining consent to further time to deliver defence January '30 th. Attending summons for further time to answer interrogatories, order made for 14 days Preparing summons for further time to deliver defence ..... Copy for Chambers Paid stamp ...... Copy and service on plaintiff's sohcitors February. Making copy of affidavit in answer to the interrogatories for the printers (folios 24) . Paid printer's charges Making copy of the affidavit in answer to the interrogatories for swearing Attending the 2 defendants deposing thereto Paid commissioner .... Instructions for defence Drawing same ..... Paid fee to Mr. to settle and clerk Attending him ..... Instructions for particulars of objections very speciaf •' Drawing same (folios 23) Paid fee to Mr. Attending him Making copy interrogatories to accompany Higher Scale. S. d. £ S. on their to settle and clerk 5 10 - 4 G 5 10 - - 13 4 - 15 - _ 2 - 13 G 8 3 6 4 4 13 - i; 2 2- 14- - 13 4 - 6 - G 8 - G 8 - 2 - -46 - 8 - - 13 - 13 - 10 - 6 13 5 This is in the Taxing Master's discretion C^ D.— Defendants Cosis.'] 137 The like answers thereto Paid filing answer to interrogatories ]\Iaking copy to mark as office copy Paid marking Notice of filing copy and service . Instructions for interrogatories to be delivered to plaintiff ..... Drawing same (folios IG) Paid fee to Mr. to settle Attending- him - 2 - 4 - Higher Scale. £ S. d. £ S. d. - G - - G - - 4 - - 13 4 - IG - - G 8 Fehruarij 1-ifh. Making copy defence for printer ... - 1 - Examining and correcting proof ... - - 6 IMaking copy of the objections for printer . - 7 8 Examining and correcting proof ... - 3 10 Attendance at the Patent Office bespeaking copies of the specification relied upon in the notice of objections .... - (> 8 Making copy of defence for service . . - 1 - Attending to deliver ..... -(18 IMaking copy of objections for service . . - 5 9 Attending to deliver ..... - G 8 April 1st. Attending at the Patent Office obtaining the copies of the specifications which we had bespoken ...... - G 8 Paid for same . . . . . .349 Sittings' fee - 15 - EASTER SITTINGS. April 22nd. Attending plaintiff's solicitors giving consent to 3 weeks' further time to deliver reply . - G 8 Jlcnj 20fh. Attending plaintiff's summons for time to deliver reply, order made for 3 weeks . . - G 8 Jfa// 29///. Attending printers instructing them to print further proofs of translations, paid their charges . . . . . . . 1 15 G Examining further proofs .... - 10 - Attending plaiutitt''s solicitors with proofs of prints in order, if possible, to agree them . - G 8 Preparing instruction to Professor . Making up set of pleadings, specifications, &c., to accompany ..... 11- Several attendances on plaintift*'s solicitors, when a mutual inspection was agreed on Perusing reply ...... - 1;> Sittings' fee - 1^ 1 - C. D. — DefendanVs Tos/s.] 138 TRINITY SITTINGS. 1892. June 13///. On receipt of a letter from the plaintiff's solicitors that they wished for an inspection of the defendant's mill, writin^u- to the defendants thereon . . . . Writing Mr. giving him notice of appointment Writing plaintiff's solicitors that it would be convenient for the inspection to take place on Monday, as suggested .... Jul// 20///. Attending inspection, engaged till nearly 8 p.ni Ju/i/ mih. Writing long and very special letter to plaintiff"'s solicitors for samples of their client's products, and also requesting them to state which of our client's products they were complaining of . October 1st. The plaintiff's solicitors having informed us that Sir F. B. required a further inspection, writing to the defendants arranging an appointment Attending plaintiff's solicitors informing them that the defendant's mill could be inspected on Saturday at 4 o'clock .... Writing to Mr. informing him Writing to defendant H. thereon . On receipt of telegram from Sir F. B. as to time of inspection, preparing and despatch- ing one to him in reply .... Paid telegram October lOlh. Attending inspection, engaged all day . October 12th. Engaged many hours making duplicates of samples for Professor T) Writing plaintiff''s solicitors for a list of samples taken by them at Saturday's inspec- tion Writing to Professor D. with samples October 25th. Instructions for affidavit of Professor D Drawing same (folios 7). Engrossing Attending swearing same Paid oath Paid tiling ..... Office copy £ s Higher Scale. d. £ s. - G - 6 - 3 - ?. - ?. d. -36 - ?> 3 - - - 2 2- - 3 G • - 3 6 , 1 1 _ - 7 - - 2 4 -■ G 8 . - 1 6 . - 2 6 2 4 C. D.—DefendanVs Costs.'] 139 £ Higher Scale. Paid markino; ...... Instructions for aflidavit of IMr. J. (Further charges as al)ove.) Notices of fiUng the several affidavits, copy and service ....._ Drawing notice of motion for inspection of the plaintiff's process (folios G) . Copy for and service thereof . Sittings' fee £ •> ^. - - 4 - (; 4 15 MICHAELMAS SITTINGS. Novonber 2nd. Instructions for case to connsel to advise on evidence ....... 11- Paid fee to Mr. therewith and clerk 2115 - Attending him 11- Having received letter from plaintiff's solici- tors that they would give us every facility to inspect, appointing a day therefor, and writing Professor D. with notice of appoint- meut. ....... - o \t Xovemher bth. Attending inspection, engaged all day . . 3 3- Paid expenses of Professor D. and Mr. . Noveiiiber 2Qth. Instructions for admissions .... Drawing same and fair copy .... Attending plaintiff's solicitors therewith for approval ....... Attending plaintiff's solicitors arranging that case should be marked to stand out of the list until January 26th .... Paid printer for 2 sets of prior publications of specifications referred to in objections and for binding same 2 10 December 2nd. Attending Court when the case was mentioned by Mr. , Q.C., and ordered to stand over till January 26th December 4th. Attending getting the case so marked in the list . December 24th. "Writing plaintiff's solicitors as to the admis- sions they were willing to make . December 29th. Engaged all day further inspection of plain- tift''s mills Sittinsfs' fee . - 13 4 - 8 - -68 - 6 - 13 4 6 8 3 G 3 3- - 15 - C. D.— Defendant's Costs.'] 140 £ HILARY SITTINGS 1893. January Ibf/i. Instruction for brief'' .... Drawing the same (folios 520) Making 3 copies thereof for counsel Making 3 copies of statement of claim for counsel (folios 10 each, printed) . The like particulars of breaches The like defence ..... j\Iaking amendments in the copies. The like particulars of objections . j\Iaking amendments in the copies. The like plaintilf's interrogatories and de fendant's answers (folios 35) The like orders, reports and notes of scientific witnesses ..... Preparing 2 subpoenas duces tecum and 3 ad testificandum .... Paid stamps ..... Copies and services (as usual). January 2G/A. Paid fee to Mr. , Q.C., with brief on the hearing .... Attending him .... Paid consultation fee to him and clerk Attending to appoint consultation . Paid fee^to Mr. , Q.C., with brief and clerk ...... Attending him ..... Paid consultation fee to him and clerk . Attending him ..... Paid fee to IVIr. with brief and clerk Attending him ..... Paid consultation fee to him and clerk . Attending him ..... AYriting special letter to the plaintiff's solici' tors in reply to a letter from them respect ing the samples February Atli. Notice to admit and copy Service thereof .... Notice to produce and copy . Service thereof .... Attending at Patent Office and bespeaking a reprint of Mr. specification (out of print) ....... Making copy of Mr. 's notes on the evidence for counsel's use, and for the scientific witnesses for the printer (folios 33), and 3 copies Higher Scale. s. d. £ s. d. 210 20 - - 20 - - - 7 2 6 _ 8 - 15 - - 17 3 - 15 - 1 5 107 12 64 11 6 4 G 43 10 3 6 - - 1 13 4 -08 -08 6 8 5 - - 6 - 11 See p. 78. C, D.— Defendant's Costs.'] 141 Examining and correcting proof . Paid printer's charges Febniary 8th. On receipt of a letter that Wednesday would be convenient for inspection of the de- fendant's mills, attending them thereon February 10th. Attending inspection, engaged all day . Preparing and issuing summons to amend the pleadings ...... Paid stamp ...... Copy for Chambers .... Copy for service and service thereof Drawing affidavit in support of summons (folios 5) Engrossing ...... Attending to be sworn .... Paid oath ...... Making copy affidavit to mark as office copy Paid filing ...... Marking office copy .... Notice of filing copy and service . Having received letter from plaintiff's solici- tors asking permission to make plans of defendant's mill, instructions to counsel to advise thereon ...... Paid Mr. , Q.C., fee and clerk . Attending him February 18th. Attending summons to amend pleadings when the chief clerk referred the matter to the Judge ....... Attending inspection of defendant's mill, engaged all day February 12th. Drawing memorandum thereof at counsel's request, and 3 copies for counsel February 26th. Attending summons before Mr. Justice , when leave given to amend the defence and particulars of objections . Instructions to amend defence Drawing amendments ..... Drawing amendments to particulars of objec- tions Fee to Mr. to settle and clerk Attending him ...... Attending plaintiff's solicitors with draft amended defenceand particulars of objections Paid stamp (Court fees, No. 67) . Inserting amendments in the original defence £ Higher S. d. Scale. £ s. - 3 1 6 2 6 - 10 2 4 6 4 6 d. 6 -68 3 3- -68 - 2 - -46 - 5 - - 1 8 -68 - 1 8 - 4 - -68 -68 - 13 4 3 3- - 10 - 1 1 - 13 - 10 - 10 - 6 - 6 C. D.— Defendant's Costs.'] 142 Blakiilii- amt'iidments and copy for service Attending to deliver the same Amending the piirticulars of objections . Attending to deliver the same IMaking copy of order for service . Service thereof on plaintiff's solicitors . March 2nd. Making amendments in the 2 copies of the pleadings that had been lodged . Making amendments in the ;3 copies defence and objections for counsel . . . , Sittings' fee EASTER SITTINGS. Paid sittings' refreshers to each senior counsel Attending each senior . . . . . To junior counsel ...... Attending him ...... June 1th. Drawing further supplemental brief (folios 40) Making 3 copies thereof for counsel (folios 44 each) ..... The like correspondence (folios 80) Drawing further proofs of witnesses (folios 105) Copies for counsel . Paid fee to Mr. , Q.C., with further papers ..... Attending him .... Paid him consultation fee and clerk Attending to appoint consultation Paid fee to Mr. , Q.C. Attending him Paid him consultation fee and clerl Attending him Paid fee to IMr. Attending him Paid him consultation fee Attending him Attending consultation . June 19 fh. "Writing witnesses that case would be in list first thing Tuesday next. First witness ...... The rest, each ..... Making 20 copies of the plans of defendant's mills for counsel, witnesses, and plaintiff's solicitors ....... Sittings' fee Higher s. d. 2 4 G 32 10 21 15 2 4 10 TRINITY SITTINGS. 1.S9 . Jime. (Paid sittings' refreshers to counsel attendances on them, as above.) Scale. £ s. - 5 - - 5 - - 2 - 2 - 15 - 15 - - 9 _ 1 1 - 1 1 - - 13 - - 13 - 15 d. 8 8 6 10 - 4 - 5 - 5 - and (j^ D.—Defendanfs Costs.'] 143 June 22nd. Attending- instructing shortliiiiid writer to attend and take a note of the proceedings* . Attending Court all day, when the case was part heard and adjourned . . , - Clerk's attendance with witnesses . Attending plaintiff's solicitors arranging that they should in the first instance pay half the cost of taking shorthand notes and printing same _ . Making copy of the transcript for the printer (folios 408) Examining and correcting proof . Paid printer's charges .... Attending counsel severally appointing con sulfation for to-morrow morning £ s. d. Paid consultation fee Mr. Paid consultation fee Mr. Paid consultation fee Mr. June 2'ird. Attending consultation Paid refresher to Mr. Attending him The hke Mr. , Q.C. Attending him The like Mr. . -, Q.C. -, Q.C. -, Q.C, and clerk Highci- Scale. 11 16 .S". - G 8 - 10 G -68 6 16 1 - - i; 7 12 5 10 - Attending him Attending Court all day, case further pro- ceeded with ...... (Charge for shorthand notes and printing as ante, and similar charges for re- freshers, consultations and attendances each day of the trial.) June 21)//i. Attending Court last day of the trial, when judgment was given for the defendants, and a discussion took place as to costs, which was adjourned till Saturday next Drawing affidavit of defendant's solicitor in support of application as to costs (folios 6) . Attending swearing oath, filing copy and marking (as before) Notice of filing copy and service . Making 2 copies of affidavit for counsel . Jidij 2nd. Instructions to counsel to appear on the further hearing and to apply to the Judge for the certificate that the particulars of objections were reasonable and proper Making 2 fair copies thereof .... Fee to Mr. , Q.C, with brief and clerk 16 5 - 13 4 13 10 6 * See note at p. 88 as to applying to the Judge at the close of the trial for the expense to be allowed. a D.—Defon(ln7it's Cosis.'] 144 Higher Scale. £ s. il. £ - .S-. d. Attendinji,- him - 13 4 Fee to 'My. with brief and clerk . 1 1 - - Attending him - 13 4 Attendini;- appointing consultation . . - 13 4 Paid consultation fee to Mr. , Q.C., and clerk 2 7- The like Mr. 13 6 Making- 2 copies of the transcript of the last day's proceedino-s for counsel (27(! folios each), and making also copy for the Court 13 IG - July drd. Attending Court all day on the question of certificate, same argued and adjourned until Tuesday 2 2- Jidi/ Gfh. Attending Court on adjourned argument when judgment given 1 1 _ Jul!/ 7 /A. Attending Registrar bespeaking minutes of the judgment ...... _ g g Making copy of the transcript of judgment (folios 3U) _ 10 - JuJ/j nth. Making copy draft minutes of Order 1, draft certificate (folios 15) ..... _ 5 _ Notice to settle copy and service ... _ 4 _ Jid// nth. Attending appointment before Registrar to settle draft order, when we were unable to agree, and the appointment was adjourned . - 13 4 July 21st. Attending further appointment to settle draft order - 13 4 Notice to pass the order, copy and service . _ 4 _ Paid stamp on order . . . . . 1 - - Copy of the pleadings for the Registrar (folios ) . . . ... Attending him therewith in order that the certificate might be indorsed thereon and for the Judge's signature, and subsequently with plaintilf's solicitors, when order was apj)roved and the Registrar w'as to obtain the Judge's signature to the certificate and then to pass and enter the order . . - 13 4 Sittings' fee _ I5 _ MICHAELMAS SITTINGS. Making copy of the order for the Taxing Master (folios 15) _ 5 _ Preparing schedule to annex .... - 2 6 C. D.—DefendanVs Costs.'] 145 Attending leaving order for a reference to the Taxing Master Drawing bill of costs and copy (at M. per folio) Notice of appointment to tax, copy and service November. Attendances to tax (in Taxing Master's discretion). Transcribing certificate . Paid stamp thereon and taxing fees Attending to file and for office copy Paid Sittings' fee Letters, messengers, &c., not otherwise charged Paid witnesses Higher Scale. , d. £ S. - 6 d. - 3 - 4 - 2 - 6 8 15 - 5. (TRUSTEES) COSTS, CHARGES, AND EXPENSES ON APPLICATION FOR JUDICIAL INTERPRETATION OF WILL. In the Matter of the Estate of , Deceased. Between A. B., Plaintiff, AND C. D. and E. F,, Executors, &c.. Defendants. The Bill of Costs of the defendants as trustees of the will of the testator, costs, charges, and expenses ^= to be taxed as between solicitor and client, under Order dated , &c., the trustees requiring a judicial interpretation of the will and protection in carrying out the trusts. HILARY SITTINGS. 1891. April Attending defendants (executors) in long con- ference on the trusts and action and re- ceiving instructions to defend . Perusing testator's will (according to length) Attending giving undertaking to appear Entering appearance Paid April 5fh. Drawing instructions to counsel to advise and copy (according to length), at Is. per folio . Fair copy statement of property to accompany (folios ) . . . . Paid fee to Mr. and clerk Attending him .... Perusing statement of claim (folios 55) Print for country (if agency) Higher Scale. d. £ s. 13 4 6 8 - 4 - - 11 - 6 - 18 * To a bill of this description should be added all payments properly made by the defendants in the execution of the trusts of the will. The old Rules of the Court of Chancery, when not inconsistent with the Judicature Rules, are still operative ; see Pringlc v. Gloag, 10 C. D. G76. J.C. L C. D.—DofenihmVs Costs.'] 146 Higher Scale. Ajiril 18f/i. £ s. d. £ s. il. Copy of the will for counsel (folios ) , Attending defendant C. 1)., receiving a letter to him, taking instructions to answer it, and. writing accordingly to ]\Irs. (i., one of the princi)3al legatees, that I could not advise the trustees to give any opinion on the construction of the will .... - G 8 Paid postage ....... Letters, &c - 5 - EASTER SITTINGS. Ajyril 23rd. Attending defendant C. D., reading over j\Ir. 's opinion to him, and conferring thereon ....... - 8 Writing defendant E. F. thereon ... - 3 6 TRINITY SITTINGS. June 17 th. Attending the defendant E. F. on his calling, advising him on jMr. 's opinion and as to the probability of the decision . - 6 8 Perusing minutes of order, as proposed by plaintiff (folios 15) - 5 - Copy for country ...... - 5 - Copy for counsel to settle .... - 5 - Jiim 20fh. Attending plaintiff's solicitors consenting to action being marked short .... - G 8 Jime 28th. Paid fee to Mr. to settle draft minutes . . . . . . . 2 4 G Attending him - G 8 JuJi/ Gth. Attending accountant and defendant C. D. on the former making up quarterly trust ac- count, explaining error he found in them (engaged long time) ..... - G 8 Juti/ 12///. Attending defendant C. Y>., conferring and advising as to investment of moiety of in- come undisposed of pending decision of Court, and payment of money due to Miss 's representative .... - G 8 "Writing to plaintiff's solicitors as to first conference ...... - 3 G "Writing to Mr. — with receipt and copy account ...... - 3 6 Paid postage to July 27th. Instructions for brief on hearing of action for motion for judgment ..... 22- Copy notice of motion to accompany (folios 3) - 1 - - 13 4 C. D. — DefendanVs Costs.'] 147 Higher Scale. £ S. cL £ S. d. The like writ (folios 5) - 1 8 The like statement of claim (folios 55)''- . - lb 9 The like proposed minutes of order (folios 20)''' - 5 - Paid i\Ir. , with brief and clerk . 3 5 G Attending him - G 8 July 2m,. Attending Court, order made, according to minutes, to be amended .... 11- Writing defendant C. D. informing him that order had been made -30 •The like defendant E. F - 3 G Avfjust 8fh. Attending settling draft order ... - 13 4 August 12 fh. Attending passing Writing to Mrs. G. with cheque and on pro- gression of the action .... Postage to ..... Drawing and fair copy receipt for balance of income and quarterly statement of ac- counts for Mrs. Gr. to sign .... Writing her therewith for her signature . . - 3 G Postage to ...... • Sittings' fee 11- MICHAELMAS SITTINGS. November ?>rd. Attending defendant C. D., conferring with him as to the inquiries that had to be made - 6 8 Koremhcr lili. Attending summons to proceed under order . - G 8 Drawingadvcrtisement for claims for news- paper (folios 5) ..... • - 5 - Four fair copies thereof - G 8 November dfh. Attending defendant C. D. informing him of the chief clerk's directions, when he sug- gested that as he, as executor, had inserted several advertisements for creditors, further advertisement was unnecessary ... - 6 8 Writing defendant E. F. informing him of the chief clerk's directions .... - 3 6 Paid telegram to agent not to insert advertise- ments ....... November 14/A. Attending chief clerk when he agreed to accept old advertisements affidavit to be made by us and defendant C. 1). . . - 8 Instructions for affidavit accordingly . . - G 8 ♦ Printed at 3d. per folio if higher scale, 2d. if lower scale. L 2 G. D.—Defendajifs Costs.'] 148 Drawing same (folios 10) Eni^rossing ..... Attending defendant C. D. to be sworn Paid commissioner's fee Copy affidavit for office copy . Paid filing Paid marking office copy (Similar charges for affidavit of solicitors.) December 1st. Attending chief clerk proceeding with inquiries December 17 th. Instructions for affidavit of defendants in answer to in(iuiries . . . . . Drawing same (folios 43) . . . . (Other charges as to affidavit as usual.) December '20th. Drawing personal estate account (at Is. per folio) December 22nd. Summons for directions as to payment to Mrs. (t. of moiety of income Paid sealing . Copy for Chambers Copy for service . Service thereof Sittings' fee . HILARY SITTINGS 1892. Jam/ari/ lOfh. Attending summons when order made for trustees to pay moiety of income account to Mrs. G. . " January 12 th. Attending chief clerk proceeding on inquiries Notice to settle order Jamiari/ \~th. Attending settling Notice to pass Attending passing Paid on order ...... January 20 1//. Attending defendant C. D., reading over order to him and conferring thereon . Writing defendant E. F. thereon . Writing Mrs. G. thereon .... Postage to July 7 th. Drawing brief on further consideration (folios ) Copy for counsel ...... Paid fee to Mr. , with l)rief and clerk Higher Scale. (t. £ 1 s. 10 3 - G - G 13 4 13 cl. 4 - 3 4 2 6 - G 8- - G 8 - 4 - G 8 3 -G 3 '6- 5 10 ^, B.— Defendant's Cosfe.] 149 £ s. Higher Scale. d. £ S. - 13 - G - 13 d. 4 8 4 - 3 - 3 6 6 Attendino: him Paid conference fee to him and clerk . . 1 G Attending him Attending conference Jtih/ 2dfh. Writing "defendant C. D. that case would be in paper on Monday ..... The like the defendant E. F. Avgiist 2nd. Attending Court when action heard on further consideration, and order made, minutes to be signed ....... 33- "Writing by letter to defendant C. D. explain- ing result of hearing - 5 - The like defendant E. F - 3 6 Sittino-s' fee 11- - 4 MICHAELMAS SITTINGS. November ^th. Copy minutes of order (fohos 14) . Fee to Mr. to settle minutes of order . . . • . • .246 Attending him - 6 8 November 11th. Attending defendant C. D. on his calling, explaining to him how the matter stood . - 6 8 Writing the defendant E. F. thereon . . - 3 6 HILARY SITTINGS. 1893. January IQtk. Attending appointment to settle order when a question was raised as to the form of the order and the absence of the charitable legatees mentioned in the will, and the papers were to be sent back to counsel to revise the draft Attending appointing conference . Paid fee to Mr. and clerk . .27- Januarij l^lh. Attending conference Sittings' fee . EASTER SITTINGS. April iWi. Attending appointment to settle order, same adjourned ....... April 19 th. Attending adjourned appointment when the Registrar decided to settle the order in accordance with counsel's minutes . . - 6 8 - 13 4 - G 8 - 13 4 - 15 - 6 8 C. D.—Defcndanrs Costs.'] 150 Higher Scale. i;5 4 15 — 13 4 13 4 5 - b — April 28fJi. £ s. d. £ s. d. Completing counsel's copy minutes of order and copies as settled (folios GO) , . i _ _ Attending: him appointing- conference . . - (5 8- Paid his fee . , . . . , . i g - Attending conference ..... Sittings' fee TRINITY SITTINGS. Jvne IGfl). Attending appointment when order settled Attending passing order .... "Writing the defendant C. D. with copv order The like defendant E. F. . . \ Jul// Gf/i. Defendant E. F. having sent us certificates for 2G securities, making schedule there- of and fair copy and signing receipt for same. ....... _ 5 - Writing him therewith ..... - 3 G Attending Paymaster-General for directions as to payment into Court and transfers , . 1 - — Jul// ICI/i. Attending instructing stockbrokers for trans- fer into Court of £ consols . . - G 8 Attending at the office of the Grand Junction Canal Company with directions for transfer of shares in that Company when it appeared that under the charter of that Company the officers of the Company were empowered to prepare the deed of transfer, and we pro- vided them with the form used by the Court, and settled a draft of the deed with them ....... - 13 4 Jul// 111//. Attending at their office obtaining deed of transfer for execution .... ~ G 8 Making copy deed to keep .... - 2 - Instructions for deed of transfer of £ preference stock in Great AVestern liailway into Court, to the credit of the cause . . - 10 - Drawing same (folios 4) . . . . - 8 - Engrossing - 2 8 (Similar charges as to the remaining stocks.) Attending the defendants (the trustees) on their respectively executing the deeds of transfer and attesting the same ... 11- Attending defendants, and with them on the stockbrokers, and afterwards at the l^ank of England when they executed the transfer of £ consols into Court ... 1 - - Paid brokerage on transfer £ , attending thePaymaster-Generalwith deeds of transfer for execution by him ..... - 10 - C. D. — DefendanVs Costs.^ 151 July 20th. £ Attending Paymaster-General obtaining tlie deeds of transfer dnly executed . Attending stamping same .... Paid stamps £ .... July 21st Attending at the office of each Company registering the transfer .... Paid fees ....... Attending searching for certificates of trans- fers into Court and bespeaking office copies, and afterwards for same .... Paid for copies . . . . . . - Sittings' fee . MICHAELMAS SITTINGS. Drawing bill of costs and cojiy for taxation (folios ) Attending appointment before Master for directions as to taxation Attending taxing ..... Sittings' fee . Letters, &c. Higher Scale. S. d. £ S. - 6 - 10 - G 12 15 6 15 6. IX THE MATTER OF THE TRUSTS OF THE WILL OF A. B., DECEASED (ORIGINATING- SUMMONS). Between C. B. and D. B., Plaintiffs, AXD E. R. B. and Frances F., wife of, &c., and their infant children by their guardian ad litem, Defendants. The Bill of Costs of the defendants relating to the proposed scheme of arrangement for realizing testator's share of capital, and to the application for the carrying of the same into effect to be taxed as between sohcitor and client pursuant to the Order dated , &c. MICHAELMAS SITTINGS. 1893. DecemUr 1st. Attending Mr. , litem, when he save us the guardian ad an outline of the business, and instructed us to communicate with the other party's solicitor on the subject December 2nd. Writing the solicitor accordingly and request- ing a communication, as suggested by our client d. £ - G -36 G. D.—DefendanVs Costs.'] 152 December bth. £ g, d. £ s. d. Writing tlieir solicitor in reply to their letter that we would wait further communication from them ...... - 3 G Decemher 14fh. Writing him to acknowledge receipt to-day of the draft of a scheme which he had pre- pared as the hasis of an arrangement between the parties to be submitted to the parties for their approval, and afterwards to the Court ....... - 3 6 Perusing the draft 3 3- Decemher Iblh. Writing solicitor on other side at length in reference to the matter and for copies of the various documents and information on several points ...... _ 5 _ Having received a copy of the accounts and balance-sheet to date, perusing same and examining with the scheme ... 22- Decemler ISf/t. Attending clerk from solicitors on other side on^ his calling and afterwards writing solicitor to acknowledge receipt of iurther documents which he had sent us . . _ 5 _ Decemher Vdth. Perusing copy will and codicils of the testator (folios 127) 2 2- The like articles of partnership (folios 01) . 1-4 The like supplemental articles (folios 12) . _ 4 _ The like letter in reference to admission of Mr. as a partner in the new partnership (folios 5) _ 1 8 Attending clerk on his calling and afterwards writing solicitor acknowledging receipt of draft agreement proposed to be entered into by certain of the partners .... _ 5 _ Perusing same _ 6 § Decemher 20th. Engaged long time further on the scheme and preparing special memorandum for use this afternoon discussing the position, and obtaining information and conferring further on the subject with client, and arranging course to be pursued (engaged very long time) 2 2- Becemher 21sL Writing plaintiff in reply to telegram adopt- ing arrangement he had made ... _ 3 g Perusing the rough draft affidavits given us by the solicitor on other side in order that we might further consider the matter (engaged 2 hours) - 13 4 C. D. — BefmdanVs Costs?^ 153 December '22nd. £ s. d. £ s. d. Attendino; the defendants on their calHng and explaining at length the terms of the arrangement proposed, reading them the affidavits when they determined to assent to the proposal, subject to the approval of the Court 11- Writing long letter to the solicitor on other side informing him of an interview with our clients, and making various suggestions in relation to the affidavits, and returning the documents they had lent us . . . - 5 - 1894. January 1st. Attending solicitors on other side on their calling, and conferring as to the proposed application to the Court and their sugges- tion that the parties should sign the scheme, and they saw no difficulty in the matter proceeding without, but desired to further consider the matter ..... - G 8 January Gfh. Writing our client Mr. in reply in reference to the assignment and pointing out why we thought no contract should be signed at present, but enclosing 3 copies of scheme in case he and his sister wished to accede to Mr. 's wishes . . - 5 - Examining the 3 copies with the draft which had been submitted to us . . . . - 10 - Writing the solicitors in reply informing them of what we had done and explaining fully our reasons for the course adopted . - 5 - HILARY SITTINGS, 1894. Instructions to appear to originating summons for the carrying out of the proposed scheme of arrangement with reference to the tes- tator's share in the capital of the firm of Messrs. B. and Co., and perusing summons . -13 4 January loth. Attending accepting service of summons and giving undertaking to appear ... - 6 8 Writing Mrs. with copy summons and informing her of the necessity of having a guardian ad litem, and making suggestions - 5 - Other letters to the other parties with regard to guardian ad litem, each .... - 5 - Preparing consent and authority to enclose and fair copy ...... - 6 8 Writing the solicitors for other side acknow- ledging receipt of copies of scheme signed by the parties 3 6 C. D. — DpfendanVs Costs.'] 154 Januarij 2-ith. Having to-day received consent of Mr. 1 to act as guardian ad litem of the infant defendants, ^vriting them to acknowledge receipt ..... Drawing affidavit of Mr. of Mr. 's fitness as guardian (folios 4) Engrossing ....... Attending to swear ..... Paid commissioner ..... Preparing priecipe and attending to enter appearances on behalf of the 5 defendants . Paid Notice of appearance to other side . Copy appearance for them .... Paid filiui>- affidavit solicitor for other side. Februarij 21st. Paid Mr.— for copies of necessary documents, 5 affi- davits, and supplemental articles of partner- ship (at Ad. per folio) .... Perusing the several affidavits, at per folio Februanj 22nd. Attending summons when the chief clerk entered the evidence and adjourned the summons to the Judge hy counsel, and determined to treat the scheme as a state- ment for the Judge Brief to counsel to attend adjourned summons Copy summons for him (folios ('>) . Copy scheme for him (folios 108) . Drawing observations for counsel (folios 44) , Making cojiy ...... The like affidavits (at Ad. per folio) The like supplemental articles Attending j\Ir. with brief and clerk. Fee to him therewith and clerk Attending a))pointing conference . Conference fee to him and clerk Fehrvarij 2Alh. Writing Mr. tliat summons would be in the Judge's paper on Monday, and that we proposed to proceed on the lines of the joint letter ...... The like Mrs. . . . . Feh'uarij 2Gth. Attending Judge in Chambers when he stated he had read the scheme and was satisfied, and he made the order (allowed) AVriting Mr. therewith . The like Mrs. .... d. £ s. d. 1 G 10 - 2 G 8 13 - 1 G 10 4 - 13 1 11 G - 18 - 2 4- - 14 8 - (5 - 3 G - 1 G C. D. — DefcndanVs Costs.'] loa March \Wi. £ s. d. £ s. d. Attending settling order .... - 1;} 4 Marcli 11 til. Attending further on order, same adjourned . - 8 March 2\st. Attending passing (engaged nearly an hour) . Sittings' fee . Drawing bill of costs and copy (folios 30) Attending taxing ...... Letters, messengers, &c. .... 22 Paid for copy plaintiif's costs (folios ) Attending taxing them ..... 1 - - Sittings' fee - 15 - (; 8 15 - 13 4 9 _ 7. DEFENDANT'S COSTS UNDER PATENTS, DESIGNS, AND TRADE MARK ACTS, WITH APPLICATION FOR INJUNCTION. s. d. G 8 6 8 7 4 13 4 10 - G 8 4 - Between, &c. TRINITY SITTINGS. 1891. JaJ// '2m. £ s. d. Instructions to defend ..... Attending giving undertaking to appear Paid for copy affidavit filed by the plaintiff in support of motion for injunction (folios 22) - 7 4 Perusing the same ..... Instructions for brief on the motion for in- junction ....... Drawing the same. ..... Jidij 28th. Making 2 copies thereof for counsel The like of the notice of motion The like the affidavit of the plaintiff (folios 22), each ....... - 14 8 The like the correspondence which has passed between the plaintiffs and their solicitors (folios 28), each - 18 8 Paid fee to Mr. , Q.C., with brief and clerk . 11 - - Attending him ...... - 6 8 Paid him consultation fee and clerk . .27- Attending appointing consultation . . - G 8 Paid fee to Mr. , with brief and clerk Attending him ...... Paid consultation fee to him and clerk . Attending him . Juti/ 20th. Attending the consultation . . . Attending Court on the motion, and ordered to stand over ...... 1 - G 8 3 G 3 4 - 13 4 - 13 4 C. D.—DefendanVs Costs.'\ 15G August i)fk. £ s. d. £ Attending Court, undertaking given, and order made accordingly ..... 1 Attending entering appearance ... - Paid 5 defendants - 10 - Notice of appearance, copy, and service . . - August Sth. Copy of the minutes of the order made on the motion ....... - Attending settling August loth. Attending passing ..... - Perusing statement of claim .... - October loth. Instructions for statement of defence . Drawing the same .... ]^iid fee to i\Ir. to settle and clerk . 2 4 G Attending him ..... Sittings' fee MICHAELMAS SITTING S^ November Srd. Making a copy of the defence for the printer (fohos4) Examining and correcting proof . Paid printer (less received) .... Making a copy of the statement of defence for service ....... Attending to deliver ..... Xotice that we should apply for an order for discovery against the plaintiff, copy, and service Xovmiljer 18 th. Preparing form of consent to be signed by the plaintiff to inspect his design at the Trade Mark Office, and attending the plaintiff's solicitors therewith, but they declined, and it was afterwards embodied in the order for discovery ...... November 22nd. Attending giving consent for the plaintiff to have further time to reply .... Drawing request and attending paying de- posit of £5 to security for costs account November 2Zrd. Paid stamp ....... November 2ht]i. Attending plaintiff's summons for discovery, order made Copy minutes of order Attending settliner lu 8 4 - 2 13 4 8 G 8 G 8 5 - G 8 15 - 1 4 - 8 3 4 8 6 G 8 - 10 - 1 4 4 4 13 4 C. D.—DefendanVs Costs.l Vol Attending passing ..... Attending defendant's summons for discovery, order made ...... December ?yrd. Copy minutes of order for discovery Attending settling- Paid stamp ..... Attending passing Perusing reply .... On receipt of a letter from the plaintiff's solicitors enclosing office copy order for service at the Patent Office, writing to them in reply ....... Paid their charges for the office copy order . December 11 ih. Notice to the plaintiff's solicitors to attend at the Patent Office to inspect the design Writing to the Comptroller with office copy of the order to inspect the design and attending with the same at the Patent Office December 19///. Attending appointment at the Patent Office, inspecting the design .... Paid fee Instructions for affidavit of documents . Drawing the same (folios 24). December '2^th. Paid fee to ]\Ir. to settle and clerk . Attending him ...... Attending plaintiff's solicitors, giving them consent for 14 days' further time to file their affidavit of documents Preparing form of and attendance obtaining consent for further time to file the defen- dant's affidavit of documents Sittings' fee HILARY SITTINGS. 1892. Janncmj Uih. On receipt of letter from plaintiff's solicitors asking for an appointment to inspect the defendant's documents, writing to them in reply Attendance obtaining consent to have until the 17th to file the affidavit as to documents Engrossing the defendant's affidavit of docu- ments ....... Attending to be sworn ..... Paid oath ....... Making a copy to be marked as an office copy Paid filing ....... Paid for office copy £ £ .9. - 6 - 13 - o - 10 1 2 4 6 1 6 2 6 4 - - 4 - - 13 - 13 1 4 15 -44 - 13 4 - 8 - C 8 G 8 G 8 -36 - G 8 - 8 - -68 - 8 - — o ^ G 4 1 13 1 4 C. D. — DefendanVs Costs. 2 158 Jamutri/ IG///. £ s. d £ s. <1. Notice of filing copy and service ... - 4 - Attending the plaintiff's solicitors on their calling to inspect the documents in tlie defendant's affidavit ..... - G 8 Paid for copy of the plaintiff's affidavit of documents (folios 24:). .... - 8 - Perusing the same ..... - 8 - The plaintiffs having insisted that the de- fendant's affidavit of documents should be made by all the members of their firm, in- structions for further affidavit . Drawing the same (folios 4) . Engrossing ...... Attending to be sworn .... Paid oaths ...... Copy for office copy .... Paid filing and marking office copy Notice of tiling January 2Uh. Attending the plaintiflf's solicitors inspecting the documents referred to in the plaintiff's affidavit ....... Subsequently attending with them at the plaintiff's place of business, inspecting his order book, and examining it witli the copy extracts therefrom handed to us by his solicitors (engaged the whole morning)* January 25th. Instructions for interrogatories to be admi- nistered to the plaintiff in accordance with the order - G 8 Drawing the same (folios 18) . . . - 18 - Paid fee to Mr. to settle and clerk . 2 4 G Attending him ...... - G 8 January 2Qth. On receipt of a letter from the plaintiff's solici- tors that their counsel had advised that the point of privilege raised in defendant's affidavit of documents could not be sustained, and that they meant to apply in the usual way, but asked us to consent to the matter standing over until the answer to the in- terrogatories had been filed, letter and attendance giving consent .... - G 8 Enirrossing the interrogatories for service (folios 18) -GO Fel)ruary 1st. Attending delivering the same ... - 2 6 Perusing interrogatories for the examination of the defendants ..... - 6 8 • Brotm V. Scwcll, 16 C. D. 517 ; 44 L. J. 41 ; 29 W. R. 295. C. B.—DefendanVs Costs.'] 159 Preparing request and attending paying £12 into Court as security for costs of our interrogatories ...... Paid stamp Fchruary iWi. Attending the plaintiff's solicitors, giving them consent for further time to file the plaintiff's affidavit in answer to the de- fendant's interrogatories .... Preparing form of and attendance obtaining consent for further time to file the de- fendant's affidavit in answer to the plaintiff's interrogatories February 17 th. On receipt of a letter from the plaintiff's solici- tors asking that we would accept an affidavit of Mr. in answer to the de- fendant's interrogatories, writing them in reply Instructions for affidavit in answer to the plaintiff's interrogatories .... Drawing the same (folios 57). Paid fee to Mr. to settle and clerk . Attending him Feliruarii 20th. Attending the plaintiff's solicitors on their calling, when they pointed out the difficulty that there was in obtaining the administra- tion of an oath in Germany, and arranging that they should in the first instance file an affidavit by Mr. stating that he alone was acquainted with the facts, and that the fihng should be without prejudice to our requiring an affidavit from the plaintiff if we wished to do so . Fehruary 2?>rd. Attending at the Patent Office searching for expired designs which extended over a great many years and examining several books of registration (engaged many hours — Brief) . Paid fees • Making a copy of the defendant's affidavit in answer to the interrogatories for the printer (fohos 57). . ' Examining and correcting proof . Copy of tiie affidavit for swearing . Preparing exhibit, and paid marking Attending to be sworn Paid oaths March 1st. Paid printer's charges (less received) Paid filins; the affidavit £ s. d. £ s. d. 10 - 1 - r. 8 - G 5 lU - a 6 -08 2 17 - -68 -68 - 19 - - 9 6 - 9 6 1 - - 1 - - 13 4 7 6 -26 C. D.—DefendanVs Costs.l 160 £ s. d. £ s. d. 4 D G Notice thereof, copy and service . flaking a copy to be marked as an office copy Paid marking ...... Paid for C copies of the plaintiff's affidavit in answer to the defendant's interrogatories . - 7 11 Perusing the same ..... - 13 4 Paid fee to ]\Ir. to advise as to the sufficiency of the plaintilf's affidavit in answer to the defendant's interrogatories .240 Attending him . . . . . .-08 Writing lo the plaintiff's solicitors, giving them an appointment to inspect the exhibits referred to in tlie defendant's affidavit . - 3 J/arch 7th. Attending INIr. and Mr. on their calling, producing our patterns to them, and we were to write to the de- fendants to see if duplicates of the pieces could be obtained from them ... - 1 3 4 Attendance on the plaintiff 's solicitors when they produced their exhibits to us . . - 13 4 J/arch m. Instructions to apply to expunge the plaintiff's design Xo. from the register of designs ....... - 8 Drawing notice of motion .... - o - Copy for service thereof .... - 4 (5 Preparing certificate to have the motion assigned to Mr. Justice ... - 5 - Attending getting chief clerk's signature to the certificate ...... - 8 Attending plaintitt"'s solicitors, giving them consent that the motion should stand over till the trial of the action, and that the evidence thereon should l)e taken viva voce . - 8 March {)lh. Attending getting the motion marked and leaving certificate ..... - 8 Attending the chief clerk, obtaining his direc- tions for the motion to be set down to come on with the action - 8 Attending setting down the same ... - 8 Notice of setting down motion ... - 4 - Writing to plaintiff's solicitors in reply to a letter from them that they need not instruct counsel to oppose the motion to-morrow . -30 3Iarch 2drd. Writing to them that the plaintiff's answer to the defendant's interrogatories disclosed further correspondence and requiring a further affidavit of documents ... - 3 6 C. D.— Defendants Costs.'\ 161 d. £ Having been served with a summons to strike out part of the defendant's answer as irrelevant, perusinj^ the same, and also copy answer served with the summons, showing the parts proposed to be struck out March 2ith. Notice to plaintiff's solicitors requiring the plaintiffs to file a further affidavit of documents, copy and service ... - 4 - jVarch 27 fh. Attending plaintiflF's summons to strike out parts of some of the defendant's answers to the interrogatories when at the plaintiflTs request it was adjourned to the Judge at Chambers - 6 8 Attending defendant's summons for further affidavit of documents by the plaintiffs. Order made - 13 4 Sittings' fee - 15 - EASTER SITTINGS. April 2t7i. Preparing instructions to counsel to oppose the adjourned summons to strike out the de- fendant's answers to the plaintiff's interroga- tories and copy (folios 7) . Attending plaintiff's solicitors giving them consent until the 24th to file affidavit of documents - 6 8 Aj}ril lith. Correspondence on obtaining certified copy of the entry relating to the registration of the design in Germany - 10 - Paid Messrs. charges for the same .11- April 20th. Attending the summons before the Judge when an order was made to strike out part of the first interrogatory .... - 1 3 4 Copy minutes of order to strike out part of answer to the interrogatory ... - 2 - Attending settling ..... - 13 4 3Iai/ 1st. Attending passing the order .... - G 8 May 2nd. Attending plaintiff's solicitors by appointment, examining a mass of correspondence in English, which had taken place between the manufacturers and Mr. (engaged upwards of 3 hours) Attending Mr. , translator, request- ing him to attend at plaintiff's solicitors' J.C. M C. D.— Defendants Costs.'] 162 £ s. d. £ s. d. office to make a translation of the German corresj)ondence whicli liad been furnished to us by them ...... Attending with Mr. at phiiutiff's sohcitors' office, vrhen he translated rivd voce to us the German manuscript letters (engaged in all 4 hours) .... Attending at the central office leaving the office copy of the defendant's answer to the interrogatories to have part of the first answer struck out in accordance with the order of Mr. Justice of 30th April ....... -68 Attending plaintiff's solicitors pointing out an error in their letter as to the numbers under which the design for the was referred to in the copy correspondence, and discussing with them the further matters mentioned in their letter of the 7th instant. They, however, refused to give any copies of the letters we required, or the information we asked for, and we informed them that it would be necessary for us to apply to the Court for further discovery Paid plaintiff's solicitors for copy further affidavit of documents . . . . - 3 - Perusing the same ..... - 3 - Maij 10th. Preparing application for further directions and copies and service .... - 8 6 3fa]/ lAth. Attending defendant's summons for discovery, order made to deliver further interrogatories - 13 -l May Ibth. Copy of the minutes of the order for further interrogatories ...... Notice to settle ...... - 4 - Attending settling ..... - 13 4 Attending passing ..... - 6 8 Paid stamp . . . . . . . - 5 - Instructions for further interrogatories . . - 6 8 Drawing the same (folios 12). ... - 12 - Paid fee to ]\Ir. to settle and clerk 2 4 6 Attending him ...... - 6 8 3Iay nth. Engrossing the further interrogatories for service (folios 12) .... • - 4 - Attending to deliver ..... - 2 6 Preparing request for and attending paying money (£8 10s.) into Court for security of costs - 10 - •) _ C. D.— Defendant's Costs.'] 1G3 Paid Copy of the order for further interrogatories and service tiiereof ..... May 2b ih. Attending plaintiif's soHcitors giving them consent for 2 weeks' further time to file affidavit in answer to the defendant's further interrogatories .... Sittings' fee TRINITY SITTINGS. 18 . June Idfh. Preparing and issuing summons to stay the action until 14 days after the phiintilf's affidavit in answer to further interro- gatories was filed ..... Paid stamp ....... Copy of the summons for Chambers Copy for and service of the summons June 16 th. Preparing and issuing 2 subpoenas ad test. Paid Making copies of the subpoenas for service June 19 th. Attending the summons, order made to stay until July 2ud, but we intimated that we should not act on the order unless absolutely necessary ....... Paid for G prints of the affidavit . Perusing same ...... Attending plaintiff's solicitors, and engaged witli them 3 hours agreeing to the altera- tions we had made in the correspon- dence translated from the German and to additions to extracts fi'om the English correspondence, and also what correspon- dence should be copied for the counsel on both sides . June 22nd. Perusing plaintiff's notice to admit The like to produce .... Attending examining the plaintiff's docu ments ...... Drawing notice to admit and copy (folios 21) Service thereof Attendance producing the defendant's docu ments ...... Drawing notice to produce, and copy (folios 31 Service thereof Attendances on signing admissions Making 2 copies of the plaintiff's and defendant's notices to produce and admit for counsel (in all folios 80 each) — o — - 10 - 8 - - -t G - G - 15 2 4 13 G 13 4 - 6 8 - G 8 _ 6 8 1 1 - - 2 6 1 11 - •> 6 — 13 4 2 13 4 m2 C. D.—DefendanVs Costs.'] lG-4 £ s. d. £ s. d. Attendini;' plaintiir's solicitors with reference to our ai^reeing to the hist part of the defendant's answer to the first inteiTOgatory being struck out and consenting . . - G 8 Jime 2bth. Service of subpoena on Mr. . . - 5 - Service of subpoena on Mr. . . - 5 - Instructions to counsel to advise on evidence . - 13 4 Paid fee to Mr. therewith and clerk 5 10 - Attending him ...... - G 8 Attending plaintiff's solicitors for the notice to admit which they had signed ... - 6 8 Jid//. Acting upon counsel's advice making copies of the plaintiff's answers to the defend- ant's interrogatories, and his answer to the further interrogatories to be marked as office copies ...... - 18 - Paid stamps for office copies . . . . - 9 - Service of subpoena upon Mr. . . - 5 - Notice to plaintiff's solicitors of our intention to read on the motion the plaintiff's answers to interrogatories and further interroga- tories, and the plaintiff"s 2 affidavits of documents which had been filed in the action - 4 - Instructions for brief "^^ ..... Drawing the same, including the proofs (folios 177) 8 17 - Making 2 copies thereof for counsel (folios 327 each) 10 18 - The like the writ - 4 - The like order made on motion for injunction - 4 - The like statement of claim .... - G 8 The like defence (folios 4 each) ... - 1 4 The like reply - 2 - The like notice of motion to remove plaintiff's design ....... - 4 - The like plaintiff's interrogatories (folios 12 each) - 8 - The like of the 2 tracings of the original drawing and design from the botanical book 11- The like extracts from the plaintiff's order book (folios 2G each) - 17 4 The like the interrogatories on behalf of the defendants (folios 18 each) ... - 12 - The like of the further interrogatories on behalf of the defendants (folios 12 each) . - 8 - The like the defendant's answers to the plain- tiff's interrogatories (folios 57 each) . . - 19 - * State shortly the difficulty and expense of getting up the case, and see the similar item at p. 87. C. D.— Defendants Costs.'] 165 The like the plaintiff's answers to the defend- ant's interrogatories (folios each) (print) The like answers to the defendant's furthei interrogatories (folios each, printed) The like of the correspondence (folios 170) . The like the memorandum attached to the trimming (folios 27 each) .... The like the correspondence and invoices referred to in schedule 1, part 1 ; schedule 2, parts 5 and 6 (folios 140 each) The like extracts from the correspondence between Mr. and the plaintiff's factory at , in Germany (folios 180 each) Paid fee to Mr. , Q.C., with brief and clerk ...... Attending him ..... Paid consultation fee to him and clerk . Attending appointing consultation Paid fee to Mr. , with brief and clerk Attending him ..... Paid consultation fee to him and clerk . Attending him ..... Attending the consultation . "Writing to the defendants and the several witnesses that the case would be taken on Friday July \Wi. Attending Court, case part heard and adjourned July Uth. Paid refresher to Mr. , Q.C., and clerk (2nd day) ...... Attending him ..... Paid consultation fee to him and clerk . Attending to appoint consultation . Paid refresher to Mr. and clerk Attending him ..... Paid consultation fee to him and clei'k . Attending him ..... Attending the consultation . Attending Court, case further part heard and adjourned ...... Attending Court, motion further part heard and adjourned ..... Paid refresher to Mr. , Q.C., and clerk (3rd day) Attending him ..... Paid refresher to Mr. and clerk Attending him ..... Attending Court when judgment was given for the defendants except on the point relating to the marking, for which judgment was tl. £ s. d. - 1 5 13 4 - 18 4 13 4 21 10 2 7 15 4 - 3 6 11 5 10 - 13 4 - G 8 - G 8 -34 - 13 4 3 3- G 8 G 8 - G 8 11 5 10 - 3 13 1 1 - -68 -68 C. D.—Di'fendant's Costs.'] 166 given for the plaintiffs (Srd paragraph of the statement of defence) .... Attending Conrt on the fnrtlier hearing of the motion, when judgment given for the defendants (the appHcants) Attending the two Registrars bespeaking their part notes of Friday and Saturday Attendance on the Registrar therewith, be- speaking draft minutes of order Copy of the minutes (foHos 12) Notice to settle copy and service Attendances on settling Notice to pass copy and service Paid stamp on the order Attending passing July nth. Making a copy of the order to mark as an office copy for service on the crd. Instructions to appear Attending shorthand writer bespeaking tran- script of notes of judgment Paid for same Drawing observations on appeal £ s. d. £ fi. d. - 13 4 -68 -68 C. D.— Defendant's Costs.'] 167 Making? 3 brief copies for counsel . The like notice of appeul (folios 8 each) The like judgment as drawn up (folios 15 each) .....•• The like evidence given on triar-*' (folios 4G) and judgment of Mr. Justice (folios 118, together 164, each) Attending Mr. — , Q.C., with brief and papers Paid his fee and clerk Consultation fee . Attending liim Paid fee to Mr. , Q.O. Attending him Consultation fee . Attending him Paid fee to Mr. Attending him Consultation fee . Attending him Term fee £ s. d. £ 161 .107 12 6 80 12 6 1 3 6 TRINITY SITTINGS. 1894. Jime. Attending plaintiffs' solicitors on their calling requesting appeal to stand over, and ultimately signing consent to same not coming into paper till instant . Copy consent to keep ..... June ISth. Attending Court of Appeal when application made by Mr. , and appeal ordered to stand over generally until a day to be arranged ....... Juh/ ith. Writing' plaintiffs' solicitors in reply that we assented to their proposal as to hearing of appeal on 20th instant and attendance Attending Court, case in paper not reached . Making 3 copies of receipt and undertaking on payment of damages for counsel (folios 8 each) ....... Jut// nth. Attending Court, case in paper but not reached ....... Attending consultation this afternoon . July ISth. Attending Court all day, case in paper but not reached 6 - - 15 - 4 - 13 4 6 8 13 4 6 8 13 4 3 4 15 - 6 8 1 - - 13 4 6 8 10 10 - 13 4 - 10 - * As to copies of shorthand notes of the evidence, the costs should be applied for when judgment is delivered (Lee Conservancy Board v. Button, 12 C. D. 383). 9 _ C. D.— Defendants Costs.'] 168 £ s. d. £ s. d. Drawing and copy brief to Mr. to apply to Court to restore appeal to paper for hearing before vacation, the same being in danger of postponement till after vacation . - 6 8 Copy correspondence to accompany Paid his fee and clerk . / . . .13 Attending him ...... - 3 4 Jidij 2^rd. Attending Court when ap])lication made, appeal to be in paper 31st instant, subject to Admiralty appeals ..... - 13 4 "Writing plaintiffs' solicitors informing them . - 3 6 Jul// 31s/. Attending Court all day, case in paper and part heard The Judges having requested us to supply them with prints of judgment and evidence in Court below, making up 3 sets accord- ingly (evidence and judgment only charged) (folios IGO each, prints) .... 42- Attending Judge's clerk therewith . . . - 13 4 Drawing further ol)servation (folios G) . . - G - Three fair copies for counsel .... - 6 - Aiirjust Isf. Attending Court of Appeal all day, case in paper and part heard 3 3- Angust 2nd. Attending Court all day, case in paper, arguments concluded, judgment reserved for Tuesday next 3 3- August 7th. Paid fee to Mr. , Q.C., to attend Court to hear judgment . . . .246 Attending him - 6 8 The like Mr. 13 6 Attending him ...... - 3 4 Attending Court of Appeal when unanimous judgment given dismissing the plaintiffs' appeal with costs ..... - 13 4 Avgiist 10th. Attending to settle order .... - 13 4 Paid for order . . . . . . 1 - - Term fee - 15 - MICHAELMAS SITTINGS. ]894. Order of Court of Appeal for Taxing Master . - 2 - Drawing costs and copy (folios ), at per folio - - 8 Notice of appointment to tax copy and service Attending to tax ...... - 13 4 Paid stamp thereon ..... Term fee - 15 - Letters, messengers, cab hire, &c. ... 1 1 - C. D.— Defendant's Costs.'] 169 £ s. - 6 - 6 (I - 2 - — o — 2 4: G 6 8 - 4 - 6 8 — o — 9 DEFENDANT'S COSTS, CHARGES AND EXPENSES: ACTION FOR ACCOUNT OF PERSONAL ESTATE COME TO HANDS OF ADMINISTRATOR PRIOR TO REVOCATION OF LETTERS OF ADMINIS- TRATION. TRINITY SITTINGS. 1893. June 20th. Instructions to defend . . . . _ . Attending accepting service of writ and giving undertaking to appear .... Jime 26th. Attending to enter appearance Paid Notice of appearance and demand for state- ment of claim, copy and service . August Ath. Perusing claim delivered to-day- Close copy _ • • Attending obtaining 3 prints of claim : paid for same (folios 18) August 8th. Preparing summons for further time to deliver defence and attending to issue . Copy to file Paid issuing Copy and service August 11th. Attending summons for time to deliver defence, when 6 weeks' further time allowed, the defence to be delivered as of 12th August August Slst. Instructions for statement of defence Drawing same (folios 19) Drawing special instructions to counsel to settle defence and fair copy (folios 26) Copy writ to accompany Print statement of claim Copy undertaking by Miss Fee to Mr. and clerk to settle Attending him .... Septemher 21st. Attending for a week's further time to deliver defence and obtaining same Copy defence for printer . . • • Examining proof ...••• Paid printer's bill 2 - 3 6 -68 6 8 19 - - 2 - - 3 - - 1 - -68 6 8 6 4 3 2 19 - C. D. — Defendant's Cosfs.] 170 d. £ o z October 2nd. Print to deliver Attending; delivering defence .... - 3 4 Sittings' fee ...... . 11- MICHA ELMA S SITTINGS. October 28th. Attending chief clerk on plaintiff's summons for discovery, and leave to deliver interro- gatories. Order made. Affidavits to be filed within 21 days - 13 4 October dOth. Summons for discovery of plaintiff's documents - 6 8 Copy for Chambers _ 2 - Paid issuing _ 3 _ Copy and service ...... _ 3 g Drawing lodgment of £5 on discovery . Attending lodging at Pay Office and obtaining directions, attending paying £5 into Court - 13 4 Paid fee . . . . . . . _ 1 _ Novemher ?>rd. Attending chief clerk on defendant's summons for discovery. Order made. Affidavit to be filed in 21 days ..... - 13 4 Attending settling and passing order, plain- tiff"'s summons for discovery and interro- gatories - 13 4 Close copy order for interrogatories and discovery ....... _ 2 - Novemher 6th. Attending settling order for discovery of plaintiff's documents and attending passing - 13 4 Paid stamp . . . . . . . _ 5 _ Attending leaving same to be entered, and subsequently obtaining same Copy order for discovery .... _ 2 - November 8th. Indorsing notice of consequence of default thereon ....... - 1 6 Service thereof on Mr. ... - 2 6 Instructions for affidavit of defendant's documents . Drawing same ...... Attending giving consent to 1 week's time to reply ....... November 16 /A. Attending chief clerk on plaintiff's summons for account, same ultimately adjourned to Judge in Chambers with counsel for Mon- day next - 13 4 - G 8 - IG - -68 C. D. — Defendants Costs. '\ 171 Drawing brief to counsel and copy (folios 8) Copy summons for account to accompany Copy correspondence between London solicitors to accompany . Prints of defence (folios 19) . Attending Mr. with brief Paiil his fee and clerk . . Conference fee to him and clerk Attending to appoint Attending conference with counsel Attending Judge in Chambers when, after hearing counsel on either side, order made for acconnt to be taken, including therein defendant's costs, charges and expenses Close copy draft order (folios 5) . . . Noveniber dOth. Writing Mr. that we could not attend appointment to-morrow to settle order, as he had not given us sufficient time to obtain instructions and thereon .... Decemler 5th. Attending Eegistrar settling order . Decemher 8th. Drawing account as directed by order Instructions for affidavit verifying account, &c Drawing same ..... Engrossing (folios 8) . . . . Marking account as exhibit . December 11th. Attending passing order for account Decemher lith. Preparing consent to time to deliver account and make affidavit and obtaining consent . Decemler dOth. Attending defendant to be sworn, both affi- davits verifying account .... Paid oath and exhibit 1894. January 1st. Copy affidavit of defendant for account (foHos 8) Paid filing affidavit Paid marking office copy .... Notice of filing copy and service . January Sth. Notice of appointment for inspection of vouchers, copy and service .... January 10 th. Attending Mr. ■ on his calling inspecting vouchers in defendant's account Sittings' fee d. £ s. d. 10 8 2 - 3 4 3 2 6 8 3 4 13 4 13 4 1 8 2 G 2 G 1 4 13 4 11 4 6 8 8 - 2 8 1 - G 8 6 8 -68 2 8 - 4 - - 6 1 1 C. D.— Defendant's Costs.'] 172 HILARY SITTINGS. Jamtary 19 /A, £ s. d. £ s. d. Perusing pluiutitf' s requisitions on defendant's account - 2 8 January 20 ih. Drawing replies to plaintiff's requisitions . - 7 - January SOfh. Fair copy for service (folios 7) . , . - 2 4 January 31s/. Writing Mr. therewith ... - 3 6 Notice of appointment to inspect documents mentioned in replies to requisitions, copy and service ...... - 4 - February 2nd. Attending Mr. on his calhng in- specting bank pass-books, &c. ... - G 8 February 14/A. Attending chief clerk on plaintiffs' notice when chief clerk allowed several items on defendant's account objected to by plaintiffs, others directed to stand over for furtlicr information, and bills of costs were referred to Taxing Master for moderation . . - 13 4 March 2()ih. Sittings' fee 11- E ASTER SITTINGS. April Ath. Drawing answer to further requisitions on account - 12 - April 20fh. Engrossing answer to further requisitions (folios 12) - 4 - Writing Mr. therewith, and acknow- ledging his letter and enclosure ... - 3 6 Attending Mr. on his calling to inspect auctioneer's marked catalogue, advertisements and other parts and docu- ments referred to in our replies to requisi- tions (engaged over half an hour) . . - G 8 3fay 4.1 It. Attending chief clerk on account, when on our pointing out that negotiations for a settlement were pench'ng summons ad- journed until Wednesday next ... - G 8 May 9 th. Attending chief clerk on account when same proceeded with, and appointment adjourned to 25th instant ...... - 13 4 Drawing special form of receipt for deeds relating to houses, and 3 copies ... - 2 6 C. D— Defendant's Costs.'] 173 d. £ Drawing special form of receipt for bank book and deposit receipt, and 3 copies . . - 2 Q> Attending Mr. by appointment, discussing mortgage at great length, and on suggested terms of settlement, and hand- ing over the deeds, together with the bank book and deposit receipts for £1,400, and obtaining Mr. 's signature to receipts — (engaged a considerable time) . - 13 4 Sittings' fee 11- TRINITY SITTINGS. May 2iih. "Writing Mr. with name and address of purchaser of property at , as desired ....... - 3 6 Attending before chief clerk on defendant's account, when same allowed, a portion of one further item only being disallowed, and appointment adjourned to Gth June for minutes of order to be prepared ... - 6 8 June Isf. Attending Mr. on his calling with regard to funds in bank to defendant's account, and explaining position of the matter to him ...... - 6 8 June 2nd. Perusing minutes of proposed order . . - 1 - June -iih. Writing Mr. in reply, requesting information as to how he made up the balance due from defendant, and we hoped to see our client on the figures on Wednes- day - 3 6 June C)th. Attending chief clerk on minutes of order, when Mr. read an affidavit of Mr. in support of their con- tention that defendant should pay the plaintiff's costs, but after long argument the chief clerk made order that defendant on payment of the amount found due from him should be paid his general costs of the action, but he must pay the plaintiff's costs of the taxation of the bills . ... - 13 4 Paid for copy affidavit of Mr. (folios 13) - 4 4 Perusing same ...... - 4 4 Close copy ....... - 4 4 Attending Mr. on negotiations for settlement of action, and after some discus- sion it was arranged that we were to write C. D. — DefendanC s Costs. '\ 174 £ 5. (L £ s. d. Mr. with proposal for settlement of action _ (j g Jime Sth. "Writing Mr. in reply as to the copy acconnt supplied him, and we had written for the vouchers, &c., he required . . - 3 6 June 11 fh. "Writing Mr. acknowledging his letter declining our offer for settlement, inquiring if he intended to pub forward any counter proposal, and we were writing to the country as to the further steps to be taken _ 3 6 Jtoie loth. Attending chief clerk on account, same pro- ceeded with, and after considerable discus- sion on the question of costs the chief clerk adjourned the matter to the Judge unless in the meantime the plaintiff agreed to abide by his former order .... - 18 4 Perusing further minutes of proposed order . - 1 4 June 21 fh. Attending chief clerk when after some dis- cussion the proposed minutes of order wore agreed to, and chief clerk made order accordingly - 13 4 July 10 fh. Perusing further minutes of order prepared by plaintiff' (folios 5) - 1 8 Jul// 17 th. Attending settling draft order ... - 13 4 Close copy (folios G) - 2 - Jilt// 18 fh. Attending passing. ..... - 6 8 Preparing request for payment out of Court of deposit on discovery .... - 3 - Attending obtaining same signed . Attending obtaining plaintiff's consent to pay out, and obtaining chief clerk's fiat . Attending consenting to payment out of plaintiff's deposit to him .... Drawing costs ...... Attending taxing ...... Sittings' fee . Agency letters, messages, carriage of papers, &c. - G 8 - 6 8 - G 8 1 5 4 - 13 4 1 1 - 1 11 6 C D.—DefendanVs Costs.'] 175 10. DEFENDANTS' (TRUSTEES) COSTS OF ACTION FOR ADMINISTRATION OF INTESTATE'S PERSONAL ESTATE TO BE TAXED AS BETWEEN SOLICITOR AND CLIENT : PROCEEDINGS COMMENCED BY ORIGINATING SUMMONS. TRINITY SITTINGS. 1893. Juh/ 8lh. Instructions to defend Perusing originating snmmons Attending entering appearance Paid , • Notice of appearance, copy and service . Paid for copy affidavit of the plaintitf in support of summons .... Perusing same . . . _ • Attending summons : same adjourned, de- fendant to answer affidavit in 7 days and plaintiff to reply within 4 days . July 2Sth. Instructions for affidavit in reply . Drawing same (folios 15) Engrossing Attending deponent to be sworn . Paid oath Paid filing the affidavit . Copy for office copy Paid marking .... Notice of fihng copy and service . August 2nd. Paid for copy affidavit of plaintiff in reply (folios 9) Perusing same ...... Close copy Attending summons : same adjourned to the Judge on Monday, (allowed) * August Afh. Instructions for further affidavit in answer to plaintiff's Drawing same (folios 8) Engrossing Attending deponent to be sworn . Paid oath ..... Paid filing Copy for office copy Paid marking . . ._ • Notice of filing copy and service . Drawing brief to counsel on originating sum mons (foUos 14) Fair copy £ s. d. £ -48 - 1 6 -26 -26 3 - - 1 6 -26 - 1 4 s. d. 6 8 (; 8 6 8 - 4 13 4 6 8 15 - 5 - 6 8 - 3 - - 3 - - 13 4 -68 - 8 - -28 -68 -28 - 4 - - 14 - -48 * A certificate of the sums aUowed for attendances in Chambers should be obtained from the chief clerk, and produced on taxation. C. D.— Defendant's Costs.'] 176 s. d. 9 _ Copy summons to accompany The like affidavit of plaintiff, filed 19th July, 189 (folios 14) - 4 8 The like affidavit of defendant, filed 28th July, 189 (folios 15) - 5 - The like affidavit of plaintiff, filed 2nd August, 189 (folios 9) . . . • - 3 - The like affidavit of defendant, filed 4th August, 189 (folios 8) . . . . - 2 8 Fee to counsel and clerk . . . .356 Attending him - 6 8 Conference fee to him and clerk . . .13 6 Attending him - 3 4 August 1th. Attending conference with counsel . . - 13 4 Attending the Judge in Chambers when he made an order for administration, but same not to be proceeded with except so far as it effected the taking of a certificate of debts, and also obtaining a decision on the disputed items of account, the plaintitf consenting to indorse the promissory note to the defendant, defendant uudertakingto account for the amount thereof on the division of the estate (allowed) - 13 4 August 14//i. Close copy minutes of order (folios 7) Attending settling same .... Attending passing order .... - 6 8 Attending plaintiff's solicitors conferring and obtaining undertaking on behalf of Mrs. to sign promissory note, and perusing undertaking .... - 6 8 August 2drd. "Writing them requiring the indorsement by Mrs. of the promissory note with her undertaking, and enclosing the note that this might be done .... - 3 6 August 25th. "Writing them in reply, and that we had written for the undertaking of the defendant which they required, and enclosing as requested draft notice to Mr. to prove his claim, subject to the chief clerk's directions - 3 6 Drawing notice to Mr. to prove his claim, and fair copy for the chief clerk to settle _. -26 Attending the defendant very fully explaining as to undertaking required by plaintiff's solicitors and obtaining his signature . . '-6 8 August 29/A. Attending summons to proceed and day fixed for adjudicating on the claim (allowed) . - 6 8 2 4 13 4 CD. — Defendant's Costs.'] 177 that we were 's nnder- note, and to August SOth. £ Writing plaintiff's solicitors ready to exchange Mrs. taking for the promissory arrange an appointment .... Septemher 1st. Copy and service of notice to prove claim on Mr. , and mileage 4 miles . September Gth. Writing plaintiff's solicitors acknowledging receipt of their letter enclosing promissory note indorsed by Mrs. , and en- closing undertaking of defendant Septemher 14tt. Attending Mr. on his calling con- ferring, when he declined to withdraw his claim, but would file same in due course Septemher loth. Writing plaintiff's solicitors fully in reply to their letter as to accounts and particulars with which they wished to be furnished October Gth. Writing Mr. with reference to the evidence filed by him verifying the claim, and explaining that we were concerned for the administrators Paid for same (folios 15) Perusing affidavit . Close copy . October 18th. Attending the defendant upon accounts and particulars required by plaintiffs when he handed us inventory of furniture and other sale accounts, and conferring Perusing same (folios 11) Copy for plaintiffs Writing them therewith and thereon Sittings' fee agency MICHAELMAS SITTINGS. 189 . October 2Uh. Writing Mr. requiring him to pro- duce for our inspection the documents and books referred to in his affidavit, and for an appointment ..... October 2,1st. Attending adjudication of claims. Claimant not appearing and producing evidence his claim dismissed, but we to give notice to his solicitor, Mr. , of result of appointment (allowed) Writing Mr. accordingly. J.C. d. £ s. d. - 3 G - t - - 3 G 3 G 3 4 3 4 G 8 3 8 3 8 3 G 3 G - 13 — b C. D.—Dpfe7idanfs Costs.'] 178 November Ith. £ s. d. £ Notice to plaintiff's solicitors of appoiutment for Saturday next on certificate, copy and service Novemher Wth. Attending appointment on claims, same adjourned for certificate of debts, but further affidavits to be brought in (allowed) ...... Instructions for joint affidavit of E. and "\V Drawing same (folios 4) p]ngrossing .... Attending deponents to be sworn Paid oaths . . . . . . . - ;» - Paid filing affidavit . . . . . - 2 G Copy for office copy Paid marking - - 8 Novemher IGfh. Drawing affidavit of — Marking exhibit . Paid oath and exhibit Paid filing Copy for office copy Paid marking Notice of filing the service (folios 3) affidavit, copy and chief clerk's certificate Novemher 24///.. Paid for copy draft (folios 5) Close copy Novemher '27th. Attending appointment to settle certificate of no debts, and appointment to sign given for 12 o'clock on Thursday next (allowed) . Novemher ?)Oth. Attending signing (allow^ed) .... December 1th. Attending appointment on defendant's ac- counts, when same adjourned for further evidence to be filed by us (allowed) Deccmher \?ith. Attending plaintift''s solicitors w^ith regard to filing evidence and obtaining consent ex- tending time Decemher ISth. Instructions for affidavit of Drawing same (folios !)) Eng^rossinof , - 4 - 13 4 ('. 8 4 - 1 4 G 8 -14 — a — - 1 - . - 2 6 . - 2 6 - 1 - . - - G Attending deponent to be sworn - 4 - 1 8 1 8 - 13 4 - G 8 - 13 4 - G 8 - G 8 - 9 - - 3 - - G 8 C. D.— Defendant's Costs.'] 179 Paid oath .... Paid filing affidavit Copy for office copy Paid marking Notice of filing copy and service December 20th. Attending appointment before the chief clerk when plaintiff directed to file evidence in answer (allowed) ..... 1894. January 6th. Paid for copy affidavit of — (folios 24) Perusing same ...... Close copy Sittings' fee agency HILARY SITTINGS. January 10th. Attending adjourned summons, same ad- journed for a week, it being suggested there was a proposal of a settlement (allowed) January 25th. Attending plaintiff's solicitors discussing terms of settlement ...... Writing defendant long and special letter with reference to proposed compromise January 2C>fh. Attending appointment before the chief clerk, appointment adjourned in view of possible settlement ...... February 0th. Attending further appointment, same adjourned, generally liberty to restore (allowed) February IBth. Upon receipt of letter from plaintiff's solicitors with terms for a settlement, making copy thereof and writing defendant therewith and t, s. - 1 £ - 1 C, 8 - 3 - 4 - - G 8 -68 -68 - 6 - G S thereon - o 6 Sittings' fee agency 1 1 — EASTER SITTINGS. April 16 th. Instructions for further affidavit of the defend- ant - 6 8 Drawing same (folios 25) 1 5 - Eugi'ossing .... - 8 4 Marking exhibit . - 1 - Attending deponent to be sworn - 6 8 Paid oath and exhibit . - 2 6 Paid fihng .... - 2 6 Copy for office copy - 8 4 3 6 C. D.—Drfrmlanrs Costs,'] 180 £ s. d. £ s. d. Paid marking - 4 2 Notice of filing, copy and service ... - -t - April 17///. Attending appointment before the chief clerk, same adjourned for pUiintitt" to consider our affidavit (allowed) - l:) 4 JIai/ 2nd. Attending appointment before the chief clerk, when ultimately the chief clerk retained evidence to read through .... 11- Jfai/ Wt/i. Attending appointment before the chief clerk, when defendant's claim dealt with . . - 13 4 Sittings' fee agency 11- TBINITY SITTINGS. June 1th. Attending appointment before chief clerk on account, same adjourned for a week (allowed) - 6 8 "Writing defendant for production to plaintiff's solicitors .....•• 3 G "Writing plaintiff's solicitors in reply and with appointment ...... June 11th. Attending plaintiff's solicitors, producing vouchers ....... - G 8 June li)th. Attending appointment before the chief clerk, when he decided it was not desirable to pro- ceed further with the inquiries directed under the order, and made suggestions with regard to agreeing the costs (allowed) . - G 8 June 'l^th. Attending plaintiff's soHcitors discussing terms of settlement as directed by the chief clerk, when ultimately terms arranged which were to be embodied in an order ... - 6 8 Julij \th. Perusing the draft minutes of order (folios 8) Close copy July Ulh. Attending summons on further consideration in Chambers, chief clerk made no order as to costs, plaintiffs intimated their inten- tion to appeal to the Judge (allowed) Jidy IHth. Drawing observations (folios 14) . Fair copy Copy order for administration, to accompany (folios G) •2 8 2 8 - 13 4 - 14 - -48 - -2 - The like summons and minutes (folios 11) . - 3 8 CD. — Defendant's Costs.'] isi Fee to counsel with brief and clerk Attending him .... Conference fee to him and clerk Attending him .... Attending conference July 2?,r(l Attending before ]\Ir. Justice when order made ...... Close copy order (folios 10) . August 1th. Attending settling order, same adjourned August loth. Attending passing order .... Drawing bill of costs and copy for taxation (40 folios) jVorembe7\ Attending taxing ...... Paid for cojoy of plaintiff's costs (folios 44) . - 14 8 Attending taxing ...... Sittings' fee agency Letters, messengers and incidental expenses not otherwise charged .... •S. >t. £ S. d. 4 (J - 8 3 (; - 8 4 — m 4 lii 4 - 3 4 - 13 - 1 10 - 13 - 13 1 1 11- 11. THE COSTS, CHARGES, AND EXPENSES OF THE DEFENDANT. THE EXECUTPtlX OF THE WILL OF A. B., DECEASED, TAXED AS BETWEEN SOLICITOR AND CLIENT, AND ORDERED BY THE COURT TO BE PAID OUT OF THE ESTATE. In the matter of the Estate of A. B., deceased. Between TT. B. and others, infant children of A. B., deceased, by C. D., their next friend, Plaintiffs, AND G. B., Defendant. 189 . Maij -ISth. Journey to Brighton, and attending with valuer instructing him as to valuation and inventory, and advising the executrix and the widow as to several of the articles there which were claimed to be exempted as belonging to them, and conferring and advising as to realisation of portion of the estate (engaged 1 day) .... Paid railway fare and expenses Ma// 31s/. "Writing Mr. acknowledging receipt of deed of disclaimer duly executed . £ S. 2 17 - 3 3- -36 C. B.— Defendants Costs.'l 182 s. (I. a s. (I. o - r. 8 - ;5 (> "Writing executrix we liad received from ^Tr. the deed renouncing the appointment of trustee and executor duly signed, so that she was now the sole execu- trix and trustee, we expected to have back the probate from Somerset House on Thurs- day, the duty having been paid, and asking her to send up H.'s bill in case the authori- ties required further particulars given of the general expenses ..... June Isf. Attending valuer on his calling and bringing us inventories and valuations, and paying his fee ...... \ Paid for tin box for papers . . . , _ 15 "Writing executrix with inventory and thereon - 3 (: June 4:fh. "Writing agent with ]irobate for registration at London and County Bank, Brighton branch ....... Paid their charges - 10 - June hth. Attending executrix at Brighton, and with her at the London and County Bank when account opened in her name as executrix, the trust securities were checked and de- posited in her name, and arrangement made for their being valued by the bank manager for the purposes of sale, and she handed us cheque to pay legacy duties, and a number of testator's debts, and the funeral expenses, and conferring and advising her as to the investment of the trust funds (engaged 1 day) 3 3- Paid railway tare and expenses . . .12 June di/i. Making for executrix at her request copy will of the deceased (folios 22) . . . . - 7 4 "Writing her therewith and thereon . . _ 3 g June 11th. "V\"riting Messrs. IT. with cheque for £81 3s. ^d., amount of their 2 accounts after deducting 2^ per cent, discount for cash, and to return us accounts, receipted .... -30 "Writing executrix acknowledging receipt of her 2 letters enclosing list of debts, also the bills, and that H.'s accounts had been paid -30 June 18/A. Attending Bank of England private drawing office and registering probate, and inquir- ing as to the steps to be taken as to drawing C^ D.—Defendcmfs Costs.'] 183 cl £ the balance, they gave us form, which they required signed by the executrix, her sig-na- ture being- certified by us . . . . - 10 - AVriting executrix with cheque, and instruc- tions as to signature, and to pay the cheque into the credit of her executors' account at the Brighton branch of the London and County lianlv, who would collect the cheque in the usual way, that the cheque required indorsement, and she had better also write as executrix to the cashier at the Bank of England requesting him to forward the pass book direct ...... - 5 - Writing Mrs. in reply to hers that the receipt for the calls on the Oriental Telephone Shares was with the manager of the London and County Bank at Brighton, to whom she should apply, that we found it necessary, with rel'erence to some trust funds of which her late husband and his father were joint trustees, to prove her husband's death at the Bank of England and Great Western Railway, and for this purpose it was necessary that the probate of his will should be produced at those places, that if she had the probate in her possession to forward it to us for this purpose, and we would undertake to return it immediately after it had been left for registration, and if she had not it in her possession asking her to tell us where it was, and authorise whoever had it to forward it to us for the above purpose ...... - 3 6 Instructions for drawing and fair copy legacy receipts for legacies, and attending at In- land Revenue at Somerset House passing accounts and paying duties ... 22 — June 21s/. Writing executrix that we had paid the duties on the 2 legacies to the servants, and asking her to get the enclosed receipts signed and returned to us, and enclosing 2 cheques in their favour to hand to them . June '2'2nd. Writing circular letter to 8 creditors of the deceased enclosing cheques for their accounts ....... June 24:t/i. Attending at transfer ofiice of London and County Bank registering probate Paid fee on registration . . • • - - Writing executrix in reply to hers that the - o - - 12 6 10 - C. D.— Defendants CostsJ] 18-A £ 5. (I. £ s. d. - 3 G probate had been registered at the transfer office of the bank to-day .... June 'Z^ih. Journey to Brighton and attending executrix, and with her at the bank as to sale of securities and investments on mortgage, and advising as to h'ability for rent and giving notice to quit, and handing her bonds' which had been purchased in London (engaged ^^.^% 3 3- raid railway tare and expenses . . . 1 2 G •hdy Uh. Writing executrix enclosing inventory as requested _ 3 g Juhj 10 f/i. Being at Brighton, attending executrix, con- ferring and advising on various matters connected with the estate .... ._ lo - Drawing notice to determine tenancy at expira- tion of current year and 2 cojiies and attend- ing executrix obtaining her signature . . _ lo - Writing lessor with notice to determine, and asking him to acknowledge its receipt . _ 3 g Jul// IHfU. Drawing bill of costs and copy (folios ) . Attending taxing ...... - 13 4 Expenses of 2 journeys to London from Brighton in connection with the transfer of the trust funds and appointment of new trustees re trust, of which testator was sole surviving trustee . . . .399 Ocfobcr. Expenses of journey to London from Brighton and back, and remaining in London 3" days in connection with the matters relating to the estate 4 _ _ November Id/h. Expenses of journey to London and back from Brighton in connection with business relat- ing to the estate . . . . .11- Decemher 10 (h. Mrs. 's testamentary expenses as follows : — £ s. d. Plumber's bill for repairs . 3 15 - Kepairs to house . . . 7 15 - Coal bill . . . . 3 15 - £15 5 - C. D.— Defendant's Cos/s.] 185 12. RECEIVER'S COSTS ON PASSING HIS FIRST ACCOUNT, INCLUDING CHARGES AS TO GIVING SECURITY. IN THE HIGH COURT OF JUSTICE. Chancery Division. Between, &c. 1891. August. Fair copy order '■' appointing receiver, subject to giving security for Chambers (folios 8, print) August '2bth and 21th. Summons to proceed thereon and fair copy and attending issuing same Paid issuing .... Copy for Chambers Co^jy for service Service thereof Attending summons to proceed, when chief clerk declined to give directions, as affidavit not filed as to amount over which receiver would have control, and adjourned generally /September 1st. Attending restoring summons to fix security Notice thereof Instructions for affidavit of Mr. as to assets Drawing same (folios 15) Engrossing ..... September 7th. Attending deponent on being sworn Paid oath Paid filing . Copy for office copy Paid marking office copy Notice of filing Sept€7nber 8th. Attending summons, security fixed at £ September Oth. Attending obtaining appointment to settle recognisance and bond . . . . Instructions for recognisance . . . . Drawing same (folios 14) . . . . Fair copy for Chambers . . . . . Notice of appointment to settle copy and service September llth. Attending and settling recognisance £ s. d. - 3 2 G s. d. -14 -68 - 2 - - 2 - -26 -34 - 4 - -68 - 15 - - 5 - -68 4 - - 13 4 o 6 14 4 4 - 13 4 For costs of obtaining order, see p. 95. C. T).—T)ofmdanVs Cosh.'] 18G Engrossing same (folios 14) Paid for parchment Instructions for bond Drawing same (folios 25) Fair copy for Chambers . Attending settling bond Engrossing (folios 25) . Paid for parchment, per skin September IGth. Attending examim'ng engrossment of recog- nisance and bond Attending on same being executed by Em- ployers' Liability Company Paid commissioner . . . . . Instructions for affidavit of solvency and execution by Employers' Liability Company Drawing same (folios 14) . . . '. Engrossing ....... Attending deponent on being sworn Paid oath and 2 exhibits . . . . /September Idth. Paid filing . Marking exhibit . Copy for office copy Paid for office copy Notice of filing .... Attending getting same acknowledged _ Paid commissioner each acknowledgment Instructions for affidavit of execution by receiver ..... Drawing same (folios G). Engrossing ..... September 21st. Attending deponent on being sworn Paid oath and exhibit . September 23rd. Paid filing . Marking exhibit . Copy for office copy Paid for office copy Notice of tiling Attending stamping bond Paid duty September 24 /A. Attending at Chambers lodging recognisance and bond . Attending enrolling same Paid .' . Paid copy certificate Close copy Notice of appointment to settle Attending settling £ s. d. 10 - -30 - 2 G -24 - 10 - - 2 Q -26 - 1 - - 10 - 14 - 2 8 £ s. d. - U 4 - G 8 1 5 - - 8 4 - 13 4 - IG 8 13 4 G 8 G 8 14 - 4 8 G 8- 9 _ 4 8 4 - 13 4 G 8 G - 2 - G 8- 1 - 2 - 4 - G 8 G 8 G 8 2 8 4 - 6 8 C. D.— Defendant's Costs:\ 187 Engrossing same ...... Attending signing same .... Paid stamp thereon ..... Fair copy for office copy .... Attending to file same and bespeaking office copy Paid for office copy 189 . March. Drawing and fair copy receiver's and man- ager's first account (folios 220) . Instructions for affidavit of Mr. verifying his first account as receiver and manager ....... Drawing same (folios 7) .... Engrossing same ...... Marking account as an exhibit March 21s f. Attending Mr. on his being sworn . Paid oath and exhibit ..... Copy for office copy (folios 7) . . . March 2Srd. Attending filing and bespeaking office copy . Paid filing Paid marking office copy .... Notice of filing copy and service on Messrs. £ s. (I. £ 10 .5. (I. 2 8 G 8 2 8 (■> 8 1 4 11 - G 8 - 7 - _ 2 4 - 1 - - G 8 2 G - 2 4 2 G 1 2 March SOth. Instruction for joint special affidavit by Mr. and Mr. , verifying the payment of wages and salaries . Drawing same (folios 15) . Engrossing same ...... Marking 3 wages books and petty cash books as exhibits ...... April 2nd. Attending Mr. and Mr. on their being sworn . Paid oath and exhibits . Copy affidavit for office copy (folios 15) Attending filing .... Paid Paid marking office copy Notice of filing copy and service on Messrs and Co. .... Notice of appointment on 12th April, copy and service on Messrs. and Co. . April 5 th. Attending appointment before Mr. (11.30 to 1), evidence entered, and'vouching of receiver's account proceeded with, and adjourned to 12th instant to produce books referred to in exhibits .... ._ 4 _ G 8 15 - 5 — G 8 4 - 4 - 13 4 C. D. — Dofcndant's Costs.'] 188 April \2th. Attendino- fnrtlier appointment before Mr. on the account (engaj^ed 12. oO to 1;, account part vouched as to wages and petty cash book, and adjourned to 2nd May at 1 1 o'clock EASTER SITTINGS. Ajml 21th. Instructions for further affidavit of IMr. verifying rougli wages book Drawing same (folios 4) " . Engrossing same Marking 5 rough wages books as exhibits April 2dfh. Attending deponent on his being sworn Paid oath and exhibits . Copy for office copy (foHos 4) Paid filing Paid marking office copy Notice of filing copy and service on Messrs. and Co JIa// 2nd. Attending further appointment before Mr. vouching account (engaged all day), and again adjourned to dispose of queries, and we were to restore summons for leave to pay royalties before the chief clerk TRINITY SITTINGS. Attending appointment before Mr. on queries ....... Jiili/ 13///. Attending restored summons before the chief clerk, when he sanctioned payment of royalties and balance due to railway com- pany, and also to pay Mr. , and charge for plan of mines in receiver's account and any further payment for royalties ....... Notice thereof, copy and service on ]\Iessrs. and Co Julf/ 25th. Attending appointment before the chief clerk for leave to pay commission on overdrawn banking account and specific sums for royalties, wages, &c., when leave given as asked Juty 2Gfh. Attending appointment before junior clerk, when account proceeded with, and ad- journed for pass book, statement as to royalties to be signed and examined by £ s. d. £ - Q G -20 - - 8 - 6 8 4 - 1 4 5 - 6 8 1 4 - 4 - 2 2 G 8 - 13 4 - 4 - G 8 a D.—Dpfendanfs Costs.'] 180 £ S. (1. £ s. f/. ' - r. 8 - 4 - I G 8 - 17 - . - 8 . - G 8 - 1 C , - 2 (; - 5 8 - 2 10 manager, and item 18G and receiver's re muneration adjourned to cliief clerk to allow Notice thereof, copy and service on Messrs and Co. .... July '21th. Instructions for affidavit of receiver and manager as to his remuneration . Drawing same (folios 17) Engrossing same ..... Attending Mr. on his being sworn Paid oath ...... Paid filing ...... Copy for office copy .... Paid marking office copy August 2nd. Going through L.'s costs as directed by chief clerk, when we were satisfied they were fair Notice of appointment to proceed with account to Messrs. and Co. August 5th. Attending further appointment before Mr. , when further queries were dis- posed of, and chief clerk was to be seen on lease relating to royalty .... Making extract from minute book of terms of tenancy of mines for exhibit to affidavit of Mr. (folios 5). August 9 th. Instructions for affidavit of Mr. as to terms of lease .... Drawing same (folios 7) . . . Engrossing ...... Attending Mr. on his being sworn Marking 2 exhibits .... Paid oath and 2 exhibits . . . . - 3 G Paid filing - 2 6 Copy for office copy .... Paid marking office copy . . . .-12 Attending filing and bespeaking office copy MIC HA EL MA S SITTINGS. October 2ith. Notice to proceed with receiver's account October 27th. Attending adjourned appointment before junior clerk on queries relating to royalties, and producing leases, same disposed of subject to leases being produced, subject to rack and ground rent - charge by Ecclesiastical Commissioners (1.45 to 3.45J, adjourned to ord of November . November Hth. Attending junior clerk, finally disposing of G 8 4 - G 8 -18 G 8 4 — 2 4 G 8 2 - 2 4 - 4 - - 13 4 C. D.—Defcndanfs Cosis.'] 190 queries on account for this and previous appointments, including perusing leases (discretionary) ...... Paid for copy of chief clerk's certificate on passing account (folios 10) Close copy thereof (folios ) Xotice to settle ..... Attending settling same Paid for engrossment of certificate . Paid stamp thereon .... Attending signing same Copy for office copy (folios 10) Attending filing same and marking office copy Paid marking ..... Drawing bill of costs and fair copy (folios 28) Attending taxing ..... Letters, &c. . Paid percentage on account . s. (I. 3 4 10 - s. d. 3 4 4 - 13 4 (') 8 3 4 G 8 18 8 13 4 •> _ 13. COSTS OF DISMISSING ACTION FOR WANT OF PROSECUTION. Betweex, &c. Preparing summons for plaiutiflF to show cause why his action should not be dismissed with costs, he not having served replication (or for not obeying any order made against him) Or not to exceed Paid stamping same Making copy to leave at Chambers Or per folio .... Copy and service of same on plaintiff's solicitors Instructions for affidavit in support of same Drawing same, at per folio .... Engrossing same, at per folio .... Attending deponent to be sworn to same . Paid commissioner taking deponent's oath Making copy affidavit to be marked as an office copy, at per folio Paid filing affidavit. Paid for office copy, at per folio Notice of filing same, copy and service Attending summons, when order made dismissing action with costs ..... Close copy draft order, at per folio . Notice to settle same, copy and service Attending to settle same . Or at the Taxing Master's discretion not to exceed Paid for order Notice to pass same, copy and service s. d. 3 - 8 3 - 2 _ - 4 3 () () 8 1 - - (') - 4 - i; 1 1 - T) - 4 - 4 i 6 - 2 4 - C. D.—Defmdanfs Costs.'] 191 Attending passing same Making copy order for Taxing Master, at per folio . If action not already referred, charge — Attending to get Taxing Master in rotation marked (As to taxation of costs, as in previous bills.) £ s. d. - () .s - - 4 - (5 8 U \PPLIC ANTS' COSTS OF OBTAINING ORDER TO RECTIFY REGISTER OF SHAREHOLDERS IN A COMPANY. IN THE HIGH COURT OF JUSTICE. Chancery Division. In the matter of the Companies' Acts, 1863 to 1890, AND In the matter of the Company, Limited. MICHAELMAS SITTINGS. Instructions for originating summons to rectify register Summons (not exceeding) Paid sealing Copy for Chambers (folios 6) . Attending to get same sealed and for return Making copy for service (folios 6) . Service Searching for appearance Paid Instructions for affidavit in support of summons ....... (Further charges for affidavit as in previous bills.) Attending summons when order made (accord- ing to circumstances) Notice to settle order, copy and service . Attending settling .... Notice to pass, copy and service Attending passing ..... Paid stamp on order .... Copy and service of order Copy order for Registrar of Joint Stock Companies ..... Attending lodging same Paid fee ...... Drawing bill of costs, &c. (as in previous bills). Sittings' fee . £ s. d. - 10 - 1 - s. d. 13 4 1 - 2 _ 13 4 2 - 5 - G 8 13 4 4 - G 8 4 - 6 8 4 6 1") - C. D.—DefenclanVs Costs.'] 192 ].-.. r.ESPOXDEXTS' COSTS ON APPLTCATIOX RECTIFY KECJISTErt OF SHAllEHOLUEES. TO IX THE HIGH COURT OF JUSTICE. Chancery Division. In the matter of the Companies' Acts, 1863 to 1890, In the matter Limited. The Bill of Costs of the AND of the Railway Company, Railway Company, Limited, the respondents in this application, dismissing]: originating summons, directed to be taxed under Order bearing date the day of July, 1S94. HILARY SITTINGS. 1892. J fan// 1st. Instructions to defend . Attending jMessrs. , solicitors for the plaintiUs, accepting service of summons, and giving undertaking to appear Perusing originating summons JIarch nth. Entering appearance Paid Notice of appearance, copy and service on Messrs. Attending summons when same adjourned generally for evidence to be filed March 'iOth. Attending Messrs. on their calling arranging for extension of time for filing evidence on the summons . . . . March Blsf. Paid them for copy affidavit of Mr. (folios 22). Perusing same Paid them for copy affidavit of Mr (folios 21) .... Perusing same Sittings' fee . EA S TER SITTINGS. April 10th. Instructions for affidavit of Mr. in answer to that of Mr. Drawing same (folios G). April 14///. Engrossing affidavit for swearing (folios (!) Attending Mr. on his being sworn Marking 4 exhibits .... £ s. d. £ 7 4 - / - s. (I. G 8 G 8 6 8 G 8 4 - 13 4 G 8 7 - 15 - -68 - 6 - - 2 - -68 - 4 - C, D.—Dpfendant's Costs.'] 193 Paid oath and exhibits . Paid fihng .... Copy for office copy (folios G) Markin''- same Notice of tiUng copy and service Maij Atli. Attendini^ adjourned summons when the chief clerk adjourned it to the 17th inst. . May nth. Attending adjourned summons when same directed to stand over generally, with liberty to the applicants to amend it by adding as parties tlie other claimants of the shares men- tioned in Mr. 's affidavit (allowed) May SOth. Attending adjourned summons when same further adjourned to the 18th June, liberty being given to the applicants to amend it by asking that 9,500 shares instead of 3, GOO ordinary shares of the company might be transferred into the name of Mr. Sittings' fee TRINITY SITTINGS. July Glh. Attending adjourned summons when same proceeded with and adjourned to the 27th instant ....... July 27th. Attending adjourned summons when same proceeded with and adjourned to lOth November Sittings' fee MICHAELMAS SITTINGS. November Sth. On receipt of letter from Messrs. asking us to produce the company's file before the chief clerk on the lOth instant, • writing them that we would do so and in- forming them of Mr. 's interview with us, and that we had directed him to send in his claim to them .... November 10th. Attending adjourned summons when same proceeded with and adjourned to the Judge for his directions as to how the evidence on the matter was to be taken November lith. Attending adjourned summons before the Judge when same proceeded with, and directions given for amendment of sum- mons by adding other parties Sittings' fee . j.c. - 1 - d. - 2 - - 6 11- 13 15 13 4 11- - 15 - -36 - 13 4 - 13 4 -15 - C. D.—DefendanVs Costs.'] ]9i HILARY SITTINGS. 1893. Jamutrij -Ibth. Having received amended originating sum- mons in this matter, perusing same February ?)r(I. Attending adjourned summons, further pro- ceeded on and adjourned .... Sittings' fee TRINITY SITTINGS. JiiJy 2?,r(1. Attending adjourned appointment on origi- nating summons, proceeded on and ad- journed to the Judge .... July )M)th. Attending adjourned summons before the Judge when order made dismissing the summons with costs s. (I. -6 8. 13 1.5 10 G MICHA ELMA S SITTINGS . Novemher 2Srd. Attending setth'ng order .... jVoremher 2C)i/i. Attending passing order .... Novemher ^Ofh. Drawing and copy statement of parties and their interests to annex Drawing bill of costs and copy (folios 22) Attending taxing ..... Transcribing certificate Paid . ^ Attending to file and get copy marked . Making copy for office copy . . , Paid marking ..... Sittings' fee . Letters, &c 10 - 1 - - 13 4 G 8 _ 2 G - 14 8 - G 8 _ 2 - - G 8 _ 2 - - 15 _ 1 1 _ II. COSTS IN WINDING UP COMPANIES. By section 20 of the Companies (AYinding up) Act, 1800, the Lord Chancellor is empowered, with the concm-rence of the Board of Trade, to make rules for carrying that Act into effect. The rules so made, so far as they relate to costs and Court fees, are set out in the following pages. The Judicature Rules and the scale of costs in Appendix X also apply to costs in winding up matters as far as applicable : R. S. C, Order 05, Rule 37. 02 Windinri iip."] 19G GENEEAL RULES MADE PUESUANT TO SEC- TION 26 OF THE COMPANIES (WINDING UP) ACT, 1890. Taxation of Costs. Rule 22. The provisions of the following rules uumbered 23 to 30 shall apply to the taxation and allowance of costs payable by or to the official receiver or liquidator or which are to be paid out of the assets of the company. Rule 23. Every person whose bill or charges is or are to be taxed shall in all cases give not less than four days' notice of the appoint- ment to tax the same to the official receiver and to the liquidator (if any). Rule 24. The bill or charges, if incurred prior to the appointment of a liquidator, shall be lodged with the official receiver, and if in- curred after the appointment of a li(|uidator, shall be lodged with the liquidator, three clear days before the appUcation for the appoint- ment to tax the same is made. The official receiver or the liquidator, as the case may be, shall forthwith, on receiving notice of taxation, lodge such bill or charges with the proper taxing officer. Rule 25. Every person whose bill or charges is or are to be taxed shall, on application either of the official receiver or the liquidator, furnish a copy of his bill of charges so to be taxed on payment at the rate of 4^/. per folio, which payment shall be charged on the assets of the company. The official receiver shall call the attention of the liquidator to any items which, in his opinion, ought to be disallowed or reduced, and may attend or be represented on the taxation. Rule 2(;. Where any party to, or person affected by, any proceed- ing desires to make an application for an order that lie be allowed his costs, or any part of them, incident to such proceeding, and such application is not made at the time of the proceeding, — "" (1.) Such party or person shall serve notice of his intended apj)licati(in on the official receiver, and, if a liquidator has been appointed, on the li(iuidator. (2.) The official receiver and liquidator may appear on such application and object thereto. (3.) No costs of or incident to such application shall be allowed to the applicant, unless the Court is satisfied that the application could not have been made at the time of the proceeding. Rule 27. Upon the taxation of any bill of costs, charges, or expenses being completed, the taxing officer shall issue to the person presenting such bill for taxation his certificate of taxation. The bill of costs, charges and expenses shall be filed. Rule 2s. Every taxing officer shall keep a register of all bills taxed by him in windings up under these rules, and shall, within 14 days after the 31st day of October in each year, make a return to the Board of Trade of all bills taxed by him during the 12 months preceding such 31st day of October. Winding iq).'] 197 Rule 29. Before the bill or charges of any solicitor, manager, accountant, auctioneer, broker, or other person employed by an ollicial receiver or liquidator, is or are taxed, a certificate in writing, signed by the official receiver or liquidator, as the case may be, shall be produced to the taxing officer setting forth whether any, and if so what, special terms of remuneration have been agreed to, and in the case of the bill of costs of a solicitor a copy of the resolution or other authority sanctioning the employment. Rule 30. (1.) Where any bill of costs, charges, fees, or disbursements of any solicitor, manager, accountant, auctioneer, broker, or other person has been taxed by a Registrar of a Court other than the High Court, the Board of Trade may require the taxation to be reviewed by a Taxing Master of the Chancery Division of the High Court. (2.) In any case in which the Board of Trade require such a review of taxation as is above mentioned they shall give notice to the person whose bill has been taxed, and shall apply to the Taxing Master of the Chancery Division of the High Court to appoint a time for the review of such taxation, and thereupon such Taxing Master shall appoint a time for the review of, and shall review, such taxation and certify the result thereof. The Board of Trade shall give to the person whose bill of costs is to be reviewed notice of the time appointed for the review. (3.) Where any such review of taxation as is above mentioned is required to be made by a Taxing Master of the Chancery Division of the High Court, the Registrar whose taxation is to be reviewed shall forward to the said Taxing Master the bill which is required to be reviewed. (-t.) The Board of Trade may appear upon the review of the taxation ; and if, upon the review of the taxation, the bill is allowed at a lower sum than the sum allowed on the original taxation, the amount disallowed shall (if the bill has been paid) be repaid to the official receiver, or the liquidator, or other person entitled thereto. The certificate of the Taxing Master shall in every case of a review by him under this rule be a sufficient authority to entitle the person to whom the amount disaUowed ought to be repaid to demand such amount from the person liable to repay the same. (5.) There shall be allowed to the person whose bill is reviewed such costs of and incidental to his appearance on the review as the Taxing lilaster of the High Court shall think proper, and such costs shall be paid to such person out of the assets of the company ; Pro- vided that the costs of the attendance of a principal shall not be allowed if in the opinion of the Taxing Master he could have been sufficiently represented by his London agent. Costs Payable out of the Assets of the Company. Rule 31. The assets of a company which is being wound up, remain- ing after payment of bhe fees and actual expenses incurred in reahsmg or^'getting in the assets, shall, subject to any order of the Court and, if the winding up is in the Stannaries Court, subject to the pro- visions of the Stannaries Act, 1887, be liable to the following payments, which shall be made in the following order of priority, namely : — First. The taxed costs of the petition, including the taxed costs ot Winding iqj.'] 198 any person appearing- on the petition whose costs are allowed by the Court ; Xeii. The remuneration of the special manas^er (if any) ; „ The costs and expenses of any person who makes, or con- curs in making, the company's statement of affairs ; „ The taxed charges of any shorthand writer appointed to take an examination : Provided that where the short- hand writer is appointed at the instance of the official receiver the cost of the shorthand notes shall be deemed to be an expense incurred by the official receiver in getting in and realising the assets of the company ; „ The liquidator's necessary disbursements, other than actual expenses of realisation heretofore provided for ; „ The costs of any person properly employed by the li(piidator with the sanction of the committee of inspection ; ,, The remuneration of the liquidator ; „ The actual out-of-pocket expenses necessarily incurred by the committee of inspection, subject to the approval of the Board of Trade. THE COMPANIES' WINDING UP RULES, 1892. (Pursuant to the Companies Acts, 1862 to 1890, and the Judicature Act, 1881, dated Gth April, 1892.) Costs Payable out of the Assets of the Company. Rule 28. No payments in respect of bills or charges of solicitors, managers, accountants, auctioneers, brokers, or other persons shall be allowed out of the assets of a company, in a winding up matter to which these rules apply, without proof that the same have been considered and allowed by the Registrar. COMPANIES (WINDING UP) ACT, 1890. Order as to Fees. I, the Right Honourable Hardinge Stanley, Baron Halsbury, Lord High Chancellor of Great Britain, do, by virtue of the powers vested in me by the Companies (Winding up) Act, 1890, direct that the fees in the scale hereto annexed shall, from and after the date of this Order, be the fees to be paid in respect of proceed- ings under the said Act in lieu of the fees in the scale annexed to the Order of December 18t]i, 1890. (Signed) HALSBURY, C. Dated the 17th day of December, 1891. Winding upJ] 199 SCALE OF FEES. Table A. Every petition Every bond with sureties ..... Every subpoena or summons ..... Every order made in Court (except a winding up order) Every order made in Chambers .... Every affidavit filed other than proof of debts . For taking an affidavit or an affirmation or attestation upon honour in heu of an affidavit or a declaration, except for proof of debts, and except declai-ation by a shorthand waiter under Rule 16 (Form 6), for each person making the same ...... And in addition thereto for each exhibit referred to therein and required to be marked .... On every proof of debt above £2 (other than proof for workmen's wages under Eule lOG) .... Every application for search other than by petitioner, liquidator, or officer of the company .... Every office copy, each folio of 72 words .... Every application to inspect liquidator's statement lodged with Eegistrar of Joint Stock Companies under section 1.') of the Act Every copy of or extract from such statement, each folio of 72 words or figures ....... Every application by a committee of inspection to the Board of Trade for a special bank account . Every order of the Board of Trade for a special bank account ......... Every application by a liquidator to an official receiver acting as committee of inspection .... Every application under section 15 of the Act to the Board of Trade for payment of money out of the Com- panies' Liquidation Account and every application for the reissue of a lapsed cheque or money order in respect of moneys standing to the credit of the Companies' Liquidation Account : — Where the amount applied for does not exceed £1. \yhere the amount applied for exceeds £1 . On one copy of the cash-book showing assets realised, forwarded by the official receiver or liquidator to the Board of Trade, a fee according to the follow- ing scale on the gross amount of the assets realised and brought to credit, viz. : — On the first £5,000 or fraction thereof, 1 per cent. On the next £95,000 „ „ - \ On the next £400,000 „ „ • i ^ On the next £500,000 „ „ • i Above £1,000,000 . . . • iV ." For taxation of costs, the same fees as those directed to be paid and collected by the Order for the time being as to Supreme Court fees. £ 9 10 1 - - - 5 - - 2 - 1 G - 1 - - 1 - - - 4 2 6 - - 4 1 - - 9 - - 10 - - 1 - -26 Windinij up.'] 200 Table B. £ S. I. Where the official receiver acts as provisional liqui- dator only. {a) If the petition is withdrawn or dismissed, — Such amount as the Court may consider reasonahle to be paid by the petitioner (in addition to the fee payable on the petition) in respect of the services of the official receiver as provisional liquidator. (h) AVhere a winding up order is made, but the official receiver is not continued as liquidator : — (1.) In respect of every 10 members, creditors and debtors, and every fraction of 10 . . . . _ iq _ Provided that w'here the net assets of the company are estimated not to exceed £r)00 three- fiilhs of the above fee only shall be charg-ed. (This fee to include cost of official stationery, print- ing, books, foi'ms, and postages.) (2.) On the value of the company's property, as estimated in the statement of affairs : — On the first £5,000 or fraction thereof, 1 i)er cent. On the next £20,000 „ „ h On the next £75,000 „ „ | Above £100,000 . . . . i ,^ II. Where the official receiver is continued as liquidator of the company (including his services as provisional liquidator). (1.) In respect of every 10 members, creditors and debtors, and every fraction of 10 . . . . 1 - - Provided that where the net assets of the company are estimated not to exceed £500, three-fifths of the above fee only shall be charged. (This fee to include cost of official stationery, print- ing, books, forms and postages.) (2.) Upon the total assets, including produce of calls on contributories, realised or brought to credit, after deducting sums paid to secured creditors (other than debenture-holders), and not being moneys received and spent in carrying on the business of the com- pany :— On the first £1,000 or fraction thereof, 5 per cent. On the next £1,500 „ „ 4 On the next £2,500 „ „ 3 „ On the next £5,000 „ „ 2 On the next £90,000 „ ., 1 ., On the next £400,000 ., „ ^ On the next £500,000 „ „ J Above £1,000,000 . . . . a ,, (3.) On the amount distributed in dividend or paid to contributories, &c., iialf the above percentages. III. Where the official receiver is continued as liquidator of the company for the purpose of cari-ying out a re- construction or other scheme by which the affairs of the Winding iqi.'] 201 £ s. (I company arc wound up otherwise tlian Ity the realisation and distribution of the assets : — (1.) For every 10 members, creditors and debtors, and on any assets realised or distributed, the same fees as are charj^eable under No. 2 of this table. (2.) On the estimated value of the company's property (after deductino; any amount realised), the same fees as are chargeable under No. 1 of this table. (These fees to include the services of the official receiver as provisional liquidator.) lY. Travelling, keeping possession, legal, and other reasonable expenses of the official receiver, the amount disbursed. V. On every payment under section 15 of money out of the Companies' Liquidation Account, M. on each pound or fraction of a pound to be charged as follows : — Where the money consists of unclaimed dividends, on each dividend paid out ; Where the money consists of undistributed funds or balances, on the amount paid out. Table C. High bailiff for attending sittings of the Court under each winding up order, per case - G - Serving every petition or subpoena or winding up or other order (not serviceable by post) within 2 miles, includ- ing affidavit of service - 3 6 If serviceable by post - 1 - Executing every warrant of seizure, or search warrant, or warrant of apprehension, or order of commitment within 2 miles of Court - 10 - Keeping possession under a warrant, for each day the man is actually in possession, including affidavit of posses- sion lieing actually kept . . . • . . - 4 G (Not less than 3s. G^/. of the above sum is to be paid to the man in possession, and his receipt produced.) High bailiff's, or (in the London district) officer's man, travelling to place of possession, or to execute a warrant of or order of commitment, or to serve a summons or subpoena, or for any other purpose specially directed by the Court, per mile . . . • • • ' ~ ~ "l His time per day where distance exceeds 10 miles . . - 4 G His expenses per day . . . • • • . - -l G If high bailiff of a County Court or officer of Supreme Court directed by the Court personally to travel, per mile . . . . • • • • • .--7 His time per day . . . • • • • . - 10 His expenses per day - 10 - AVe, the undersigned Lords Commissioners of Her Majesty's Treasury, do hereby sanction the foregoing scales of fees, and do direct that the fees 'mentioned in Table A shall be taken in^money, except \\hen they are to be taken by an officer of the Supreme Court of Judicature, or an officer of the Board of Trade, or an Winding vp.\ 202 officer in the Companies' Registration Office, and that the fees mentioned in Tables B and C shall bo taken in money. Tiie documents to be stamped and the description of stamps to be used shall be as provided in the schedule annexed hereto. The adhesive stamps shall be judicature fee stamps when the fee is to be taken by any officer of the Supreme Court of Judicature ; they shall be stamps overprinted with the words " Companies Windinu^ Up," when the fee is to be taken by the official receiver or any other officer of the Board of Trade ; and they shall be the stamps used for the purposes of the " Companies Act " when taken by any officer in the Companies' Registration Office. They shall be cancelled by the various Court or other officials by perforation, or in such other manner as the Commissioners of Inland Revenue may from time to time direct. The impressed stamp shall be of such character as the said Commissioners may adopt for the purpose. And we further direct that wherever practicable the stamp shall be affixed or the money paid in respect of every fee beibre the proceeding is had in respect of which the fee is payable, and that the charge to be made by the Londo?i Gazette for the insertion of each notice authorized by the Act or rules shall be bs. (Signed) HERBERT EUSTACE MAXWELL, SIDNEY HERBERT, Two of the Lords Commissioners of Her Majesty's Treasury. Dated the 17th day of December, 1891. THE SCHEDULE ABOVE REFERRED TO. Proceeding. Every petition .... Every bond with sureties Every affidavit tiled Every subpoena or summons . Every order made in Court or Chambers For taking an affidavit or an affir- mation, or attestation upon honour in lieu of an affidavit or a declaration Every proof of debt above £2 Every application for search . Every application to inspect liqui- dator's statement Every copy or office copy Every certificate of taxation by any officer of the Court for any costs, charges, or disbursements Document to be stamped. Petition Bond Affidavit Subpoena or summons. Order Affidavit . Proof Application Ap})lication Office copy Certificate . Character of Stamp to be used. Impressed. Impressed. Impressed or adhesive. Impressed. Impressed. Impressed oi' adhesive. Impressed or ailhesive. Impressed. Impressed. Impressed or adhesive. Impressed or adhesive. Winding vp."] 203 1. PETITIOXER'S COSTS OF PETITIOX TO WIND 11' COMPANY. A IN THE HIGH COURT OF JUSTICE. Companies Winding Up. No. of 1894. Mr. Justice In the matter of the Companies Acts, 18G2 to 1890, AND In the matter of J. S. and Co., Ltd. The Bill of Costs of the petitioners for winding up company to taxed pursuant to the Order dated the of , 1S'.)4. be MICHAELMAS SITTINGS. 1894-. October 'dfh. £ s. d. Instructions for petition to wind up J. S. and Co., Ltd Attending at Somerset House perusing file of proceedings and taking a note of the in- formation we required for petition Paid search Drawing petition (folios 10) . Paid Mr. (counsel) to settle same and clerk ....... 1 Attending him Engrossing petition Copy for the Judge Copy for service . October 10th. Attending to present petition and to seal copy for service .... Paid Service of petition on the company Drawing and engrossing affidavit of service (folios 3) . . . Drawing advertisement of presentation of petition (folios G) ^Making 3 fair copies Instructions for affidavit in support of petition Drawing same (folios 3) October Uth. Attending inserting advertisement in London Gazette Paid ,.•"'' ^' Attending inserting advertisement in the Times Paid .253 Attending inserting advertisement in the Dady Telegraph Paid 2 4 1 £ s. - 6 - C. - 10 - G - 5 - 3 - G - 4 - 6 - 3 - 6 - G - 6 d. 8 Windmg up.'] 20i Engrossino; affidavit of Mr. A. in support of petition (folios 3} .... . Copy for office copy . . . . . October Uth. Attending Mr. B. to be sworn to affidavit of service of petition .... Paid oath Preparing exhibit ..... Paid marking same .... Paid iiliiig affidavit .... Making copy affidavit for office copy (folios 3) Paid marking ..... Attending Mr. A. on his swearing affidavit Paid oath ...... Preparing exhibit ..... Paid marking same .... Paid filing affidavit .... Paid marking office copy Notice of filing ..... October Ulh. Attending at Registrar's office with papers for entry and filing petition Paid stamp on filing petition October 22nd. Instructions to counsel to appear on petition and drawing observations . . . . Making 2 copies for counsel (at -id. per folio) The like of petition (folios 11 each) The like of affidavit in support (folios 3 each) The like of affidavit of service (folios 3 each) Paid Mr. , Q.C., with brief and clerk Attending him . Paid him consultation fee Attending him ..... Paid Mr. , witli brief and clerk Attending bim ..... Paid bim consultation fee Attending him ..... Messrs. and Co. having informed us that they were instructed to oppose the petition, and that they would apply for liberty to file evidence, notwithstanding the time had expired, several attendances on them in relation thereto, and for copies of the evidence they intended to file Paid for copy affidavit of Mr. X. in opposition to the petition (folios 2{)) . Perusing same ..... Paid for copy exhibit A (folios 4) . The like exhibit P> (folios 4) jMaking 2 copies of the affidavit for counsel Tile like exhibits A and B . Paid for copy affidavit of i\Ir. , filed £ «. d. £ s. d. - 1 - 1 - 1 6 2 G 5 10 - 2 7 5 6 3 (5 G 8 1 4 1 4- - 1 - 1 - 2 G G - 1 - G 1 G - 1 1 - 2 6 G - 4 - 13 - 7 - 2 _ 2 - G - G - G - 3 - G 13 5 Winding ^ip.'] 205 £ .V. (I. l' .V. '/. by Messrs. and f "o. in the action of /'. J. S. and Co., in support of application for appointment of receiver on belialf of the debenture-holders (folios l;^)) . - 1 I Perusing same ...... - 4 4 j\Iaking 2 copies for counsel .... - .s s Drawing list of parties attending on [)etition for the Judge and copy .... - r» - Making 2 copies thereof for counsel . . - 2 - Attending consultation - 1;) 1 October SOfh. Attending Court when petition heard and order for compulsory winding up of the company made ...... 11- Koi'emher \st. Attending the Registrar with papers for oixler - f. K Attending settling order .... - 1X> 4 Drawing bill of costs and copy for taxation (folios l Term fee Letters, messengers, &c. .... r. 8 2 - f; 8 1 - 1.") 10 G 2. COSTS OF THE COMPANY (RESPOXDEXTS). IX THE HIGH COURT OF JUSTICE. Chancery Divisiox. In the matter of the Companies Acts, 1802 to 1890, AND In the matter of , Company, Ltd. Bill of Costs of the respondents (the company) to be taxed in pur^ suance of the Order made on the day of ,18 . HILARY SITTINGS. 189 . JfmrJ/. f «• Attending the secretary of the company on being served with copy of petition to wind up the company and taking his instructions to defend same . . . . - i;") Paid fo"r copy affidavit of :Mr. in support of Wi/vJifh/ Up.'] 206 liijuidator, folios , at to appoint provisional summons to appoint provisional per folio .... Perusing same, at per folio If agency close copy, at per folio Attending summons, order made liquidator, ]Mr. Paid for copy further affidavit of petitioner in support of his petition, folios , at per folio ..... Perusing same, at per folio ...... If agency close copy, at per folio ..... If the company oppose the application, then charge for the necessary evidence in support of the opposition and for notices, &c. ........ Drawing brief for counsel to appear on the hearing of the petition, folios , at per folio .... Two copies thereof, folios , at per folio, each The like of petiti(tn, folios , at per folio, each The like of the affidavits in support, folios , at per folio each ......... The like of the affidavits in reply (if any), folios , at per folio, each The like of the exhibits (if any), folios , at per folio each Attending Mr. , Q.C., with brief and papers Paid fee to him and clerk Attending Mr. , with brief and papers Paid fee to him and clerk Attending Mr. , Q.C., appointing consultation Paid fee to him and clerk ..... Attending ]\Ir. appointing consultation Paid fee to him and clerk .... Attending consultation ..... Attending Court petition in paper, but not reached Attending Court petition heard, when order made Or not to exceed ...... Close copy order, folios , at per folio Attending settling same Or not to exceed ...... Attending passing same Attending summons to proceed under order to wand up, when directions were given to advertise the day and hour appointed to ai)point an official liquidator Attending appointment before the chief clerk to appoint an official liquidator, when he appointed Mr. , who had been previously appointed provisional official liquidator, when same was adjourned at the request of the respondents to the Judge May. Attending before the Judge on adjourned summons to appoint an official liquidator, when, after much dis- cussion, same was adjourned ..... Attending adjourned appointment before the Judge, when he confirmed the appointment made by the chief clerk . £ .s. d. - - 4 - - 4 - - 4 - 4 - 4 - 4 1 - - 4 - 4 - 4 - - 4 - (i 8 ?> 5 (> 6 8 2 4 6 8 2 7 (5 8 1 3 6 - 13 4 - 10 - 1 1 - 2 2 - - - 4 - 13 4 3 3 - - 13 4 Winding vi>.\ 207 Drawing bill of costs and copy, folios ; folios ; to.ii-ether, folios ; at per folio Attending taxing Sittings' fee If agency, letters, &c Letters, messengers, &c. and summary, C 1.') i; COMPANY'S COSTS OF SUCCESSFULLY OPPOSTXa APPLICATION BY CREDITORS FOR ORDER FOR WINDING UP COMPANY. IN THE HIGH COURT OF JUSTICE. Companies Winding Up. Mr. Justice TRINITY SITTINGS. 1893. June im. Instructions to appear and oppose compulsory order of creditors ..... Instructions for affidavit by Mr. Drawing same (2G folios) Engrossing . ^Marking exhibit . Attending him to be sworn Paid oath and exhibit . June nih. Instructions for affidavit by voluntary liqui- dator Drawing same (folios 28) Engi'ossing . Attending him to be sworn Paid oath June Idfh. Copy affidavits for office copies (folios ^ti) Paid filing affidavit of Paid marking office copy Paid tiling affidavit of Paid marking office copy Attending filing and to mark oflice copie Instructions for brief for company Drawing observations (folios 16) . Copy for counsel .... Copy petition .... Copy affidavit in support of petition Copy affidavits of and — Like exhibit £ s. 2 G - 1 G - 13 - G 1 G - 8 - 1 - G 2 4 2 ■4 G 4 G 8 - 13 - IG - .") - (> - 1 - 18 - 3 G 8 S <) 4 G 8 - 18 Winding up.'] 208 £ s. d . £ s. d. List of creditors 1 _ Fee to counsel 5 10 - Attending him _ G 8 Conference fee 1 G - Attending to appoint _ 3 4 Attending conference _ 13 4 Attending Court when application heard and dismissed with costs 1 1 — JvJij htJi. Attending appointment settling draft order . - 13 4 Drawing costs and copy (folios 5) . - 3 4 Attending taxing _ G 8 Sittings' fee (agency) 1 1 Extra letters, messengers, &c. - 10 G 4. CREDITOE'S COSTS OF OPPOSING PETITION TO WIND UP COMPANY. IN THE HIGH COURT OF JUSTICE. Chancery Divisiox. Mr. Justice In the matter of the Companies Acts, 18G2 to 1890, AND In the matter of A. B. and Co., Ltd. The costs of S. H., a creditor opposing the petition to wind up the above company, to be taxed pursuant to Order dated 1894. s. d. G 8 G - G - 1894. June. £ s. d. £ Instructions to appear and oppose Paid for copy petition (folios 18) . Perusing same (folios 18) ... . June i)(h. Notice of intention to oppose copy and service _ 4 _ Paid for copy affidavit of petitioner in support (folios 3) - 1 _ Paid for copy affidavit of in suppoit (folios 23) _ 7 y Paid for copy affidavit of in opposition (folios 9) _ 3 _ Perusing same Brief to counsel to oppose and copy (folios 10) Copy of the following documents to accom- pany :— Petition (folios 18) .... Affidavit of (folios 3) . Affidavit of (folios 23) ... Affidavit of (folios 9) . . . - 3 11 S 13 4 G 1 - Winding tip.'] 209 Notice of intention to appear . Fee to Mr. with brief Attendinj:^ him .... Attending him appointing conference Conference fee to him and clerk June G/A. Attending conference ..... Attending Court all day, petition opened and consideration adjourned .... June ISth. x\ttending Court, petition dismissed with costs (engaged 10 to 12.30) .... June 20th. Attending settling order .... June ■2C>th. Attending passing Drawing bill of costs and copies (folios (5) Attending taxing Sittings' fee 2 4 G - 1 C 1 - - C 1 1 - 13 - G - G - 6 - 15 13 4 1 - 5. COSTS OF COXTRIBUTORIES OPPOSING PETITION TO WIND UP A COMPANY. IN THE HIGH COURT OF JUSTICE. Chancery Division. Mr. Justice In the matter of the Companies Acts, 18G2 to 1890, AND In the matter of A. B. and Co., Ltd. Costs of C. D. and others, contributories appearing on and opposing petition to wind up the above Company presented by 1894. 3Iaij 28/A. Instructions to appear and oppose petition Perusing petition (folios 18) .... Jfai/ 2'dfh. Drawing notice of intention to appear and oppose petition Copy thereof Notice of filing June 2nd. Instructions for affidavit of C. D. . Drawing same (folios 7) .... J.C. d. £ s. d. - G 8 - 6 S 3 - 1 - 4 - 6 8 Winding up.'] 210 Engrossing . Copy for office copy Attending swearing Paid oath Paid office copy June 4 th. Drawing affidavit of E. F. (folios 12) Engrossing . Copy for oilice copy Attending swearing Paid oath Paid hh'iig . Paid office copy J low. i){h. Instrnctions for affidavit of G. II. Drawing same (folios 20) Engrossing , Copy for office copy Attending swearing Paid oath Paid filing , Paid office copy Paid for affidavit of J. K Perusing Paid for affidavit of in petition Perusing Drawing notice of intention to behalf of C. D. . Fair copy Jwie 9 th. Notice to produce papers in action of ^Y. v. The Company, copy and service Instructions for l)rief : — Drawing brief (folios 32) Two fair copies Two copies petition (folios 20) Two copies affidavit of E. F. (folios 12) Two copies affidavit of (t. H. (folios 20) The like C. D. (folios 7) The like J. K. (folios 3) Two copies notice of intention to appear on petition (folios 3) The like further notice £ s. d. - 1 -12 - 1 -20 - 2 - support of appear on , Q.C., with brief with brief Attending Mr, Paid his fee . Attending Mr. Paid his fee ...... Attending appointing conference . Paid Mr. , Q.C., conference fee Paid Mr. conference fee . Attending conference .... 7 8 12 - 10 - 7 - 3 6 £ s. _ 2 - 2 - 6 - 12 - 4 - 4 - - G 1 6 - 8 - 8 - 1 - - 3 - 1 -76 1 12 1 1 - 3 - 8 - 17 - 4 - 2 - 2 _ 2 - G - 6 - 6 - 13 4 Winding up.'] 211 June CM. £ s. il. £ s. d. Attending Court, petition part heard and adjciurncd ...... i ] _ Attcndiiit;- Court, petitiou dismissed with costs l l Attending' seitliug order .... - 1:5 4 Attendin<,f passing order .... _ c ^ Sittings' fee ...... . _].-)- Letters, &c. ...... i i _ Drawing costs and copies (folios 10) . . _ lo - xVttending taxing _ G g G. COSTS OF LIQUIDATOR. In the matter of the Companies Acts, 18G2 to 1890, AND In the matter of Company, Ltd., &c. EASTER SITTINGS. 189o. Jfai/. Attending the liquidator in very long conference this day on his appointment, and generally discussing the position of the company and the course that should be taken with reference to the several matters requiring imme- diate attention ........ (Usual charges for originating summons and order of the Court for the authority of the liquidator to take any necessary steps and for the affidavit in sup])ort of the application — Include usual charges for attendances on the liquidator advising him according to the circumstances. And see the liquidator's bills of costs on interlocutory applications in precedents of such costs in the following pages. Conclude with taxation of the bill of costs as in other cases.) Note. — The liquidator has to give security to the satisfaction of the Board of Trade. It is usually by bond of one of the guarantee societies. The cost is not chargeable against the assets of the company winding up. — R. (w of 1890.* The sanction of the Court, or of the committee of inspection, must be obtained for the employment of a solicitor. — Section 12 (4) of the Companies (AVindiug-up) Act, 1H90. Winding-up Rules, 1890. P 2 Winding upJ] 212 7. OFFICIAL LIQUIDATORS' COSTS ON APPEAL BY A BANK AGAINST DISALLOWANCE OF THEIR CLAIM. IN THE HIGH COURT OF JUSTICE. Chancery Division. Mr. Justice In the matter of the Companies Acts, 1802 to 1890, AND In the matter of the Company, Ltd. The Bill of Costs of the ofRcial liqnidator of the application in respect of the claim of the Bank to be taxed pursuant to the Order dated the HILARY SITTINGS. 1804. April 12th. Attending summons issued on behalf of the Bank for liberty to take the opinion of the Judge as to the disallowance of their claim, when same adjourned to the Judge in Chambers, and the certificate was not to be filed until he had given his decision Term fee ... . ... £ - 13 - 15 EASTER SITTINGS. April 28 fh. Making copy summons issued by the solicitors for the Bank for counsel The like affidavit of Mr. in support (folios 10) The like of Mr. and Mr. in reply (folios 3-4) The like exhibits b, G, 7, and 8 referred to (folios 28) The like of the chief clerk's certificate . Ap-il 20th. Drawing observations for counsel on the hear- ing of the Bank's summons on Monday next (folios 13) . Fair copy, at per folio .... Paid Mv. , with brief and clerk Attending him ..... Paid him conference fee ... Attending him ..... 3fai/ 2nd. Attending conference ..... Attending the adjourned summons when the Judge directed us to file further evidence, and gave liberty to the Bank to 1 G 2 - 3 4 11 4 9 4 2 4 13 - - 4 G 8 3 4 13 4 Wiriding wjo.] 213 reply thereto, and then the summons was to be set down to come on in Court Mr. May Sih. havinof sent us extract from the Avith the certified d. £ proceedings in the Court of First Instance in Sweden with reference to the Bank's claim, perusing and considering same Instructions for affidavit of Mr. Drawing same (folios IG) . Instructions for affidavit of Mr. Drawing same (folios 12) . Paid Mr. to settle above affidavits Attending him Term fee TRINITY SITTINGS. July iiJi. Attending Mr. copy of the authority he had sent us, when he was to get same notarially translated, and conferring with him on the suggestions made by counsel in the affidavits to be sent out to Sweden Paid notary's charges translating same . Engrossing affidavit of Mr. (folios 1 6) The like affidavit of Mr. (folios 12) Preparing exhibit Jidy bth. Writing Mr. with the engrossments of the 2 affidavits, and fully as to their being translated and sworn, and as to the exhibits thereto Paid notary's charges translating same . October 1th. Writing to Mr. acknowledging receipt of his letter with affidavits from Sweden as to the Bank claim October loth. Attending at Messrs. 's, when it appeared that the gentleman who had trans- lated the affidavits was out of town, and they were to get another gentleman to com- pare the translations with the affidavits, so as to make the necessary affidavits verifying same, and we left documents with them to enable this to be done .... Paid their charges October ISth. Instructions for affidavit of Mr. verifying translation of Mr. 's affi- davit ....... Drawing same (folios 2) .... s. d. 13 4 3 5 6 -68 -68 - 16 - -68 - 12 - -68 - 15 - - 6 -68 -54 - 4 - - 1 - - 5 -36 14 6 -68 6 8 9 _ Wi7iding up.'] 214 Engrossing Attending him to be sworn .... Paid oath Making copy of the translation of ]\[r. 's affidavit and of affidavit verify- ing it for office copy (folios 11) . Instructions for affidavit of INFr. verifying translation of Mr. 's affi- davit .... Drawing same (folios 2) Engrossing .... Attending him to be sworn . Paid oath .... Making copy for office copy of translation of Mr. 's affidavit and affidavit verifying same (folios 18) . Preparing 2 exhibits, being power of attorney and translation ..... Paid marking ..... Making copy for office copy translation of Mr 's affidavit and affidavit verifying same (folios 15). October 21st. Paid filing affidavit of Mr. Paid filing affidavit of Mr. translation thereof Paid marking office copy (folios 11) J^aid filing affidavit of Mr. I^aid filing affidavit of Mr. translation thereof Paid marking office copy (folios 15) Paid filing affidavit of Mr. Kotice of filing affidavits Term fee verifying verifying £ - 1 (L £ - 1 G - 2 - 2 G 2 (5 1 10 2 G 6-. d. - 8 G 8 -38 G 8 2 _ - 8 G 8 - G - - 2 - - 5 - 4 15 HILARY SITTINGS. 1895. iMarcfi 10th. Paid Messrs. for copy farther aili- davit of (folios 7) . . .-24 Perusing same ...... - 2 4 Paid them for copy affidavit of Mr. (folios 7) - 2 4 Perusing same ...... - 2 4 Paid them for copy affidavit of JMr. (folios 3), and exhibit (folios S) . . .-38 Perusing same - 3 8 March 28 th. Attending the chief clerk on the bank's claim, when he entered the evidence, and adjourned the summons into Court .... 11- Term fee ...... . - 15 - Winding V2h\ 215 EASTER SITTINGS. May 2nd. Making copy affidavit of Mr. for counsel (folios 15) ..... The like exhibit A (folios 5) . The like affidavit of Mr. The like affidavit of Mr. The like affidavit of Mr. The like exhibit A to Mr. (folios 11) (folios 18) (folios 3) . - (folios 8) attend the of the Drawing instructions to counsel to hearing of the summons on behalf official liquidator, and fair copy, at per folio 3Iay drd. Paid Mr. with brief and clerk Attending him ..... Paid him conference fee and clerk . Attending him ..... Attending conference .... Attending Court on adjourned summons, when the Judge allowed the claim of the Bank on the ground that they had not undertaken to give up the bills of exchange on payment of the composition . 3Iai/ IZth. Attending settling minutes of order Close copy May 18fh. Attending passing order . . . . Term fee ...... . d. £ 1 G - -14 -68 - 3 - 13 - 13 4 - 2 - -68 - 15 - TRINITY SITTINGS. June. Drawing bill of costs and copy for taxation (folios 30) Attending taxing ...... Paid for copy costs of the Bank (folios 23) Attending taxing ...... Writing Mr. for cheque for amount of taxed costs of the Bank . Term fee Letters, messages, coach hire, &c. . 1 - - - 13 4 -68 -36 - 15 - 9 _ Winding irp.'] 216 8. LIQUIDATOR'S COSTS OF APPLICATION FOR DIRECTIOXS AS TO DIRECTORS' CLAIM FOR REMUXERATIOX. No. of 1894. IN THE HIGH COURT OF JUSTICE. COMPAXIES WlXDING Up. Mr. Justice In the matter of the Companies Acts, 18G2 to 1890, AND In the matter of the Company, Ltd. The Bill of Costs of the applicant, the liquidator of the voluntary winding up of the above-named com- pany, to be taxed as between solicitor and client, pursuant to the Order dated the , 1895. MICHAELMAS SITTINGS. 1894. November 2Wi. £ s. d. £ s. d. Instructions for originating summons to determine whether the directors were, under tlie circumstances, appearing entitled to any and what remuneration ... - 13 4 Drawing same ...... i i _ Paid Mr. to settle same and clerk , 2 4 6 Attending him _ 6 3 Xovemher 26//?. "Writing Messrs. and Co. that Messrs. and Co. considered it was not worth while going to the expense of taking Mr. 's opinion unless all parties agreed to be bound by it, and that the liquidator had instructed us to issue summons for directions .... - 3 6 IMaking copy originating summons for the Registrar ....... _ 2 - The like 2 copies for service .... _ 4 _ November 28th. Attending to issue summons and get same sealed - 13 4 Paid _ 10 - Attending Messrs. and Co. with summons and copy, and obtaining under- taking to appear on behalf of ]Mr. - 6 8 Attending Messrs. and Co. with summons and copy, and obtainiug under- takmg to appear on behalf of and Mr. S - 6 8 f Winding up.'] 217 December 1th. Preparing notice of appointment on originating summons and attending sealing . Copy notice fur Chambers Two copies for service . Service on Messrs. and Co. The h'ke on Messrs. and Co December 10 th. Instructions for affidavit of Mr. in support of the summons Drawing same (fohos 20) Engrossing affidavit (foUos 20) Preparing G exhibits Making copy affidavit for office copy (folios 20) Attending Mr. to be sworn Paid oath ..... Paid marking G exhibits December 11th. Paid filing affidavit Paid marking office copy Notice of filing to Messrs, The like to Messrs. d. £ and Co. and Co. December 12th. Attending summons when, as some of the parties required to answer the affidavit, summons adjourned until the 11th January at 11.15, the respondent's evidence to be filed before the 24:th of December December ISth. Attending Messrs. and Co. with reference to the adjourned summons, and they requested to know if we were going to ask the Registrar to decide the matter or refer it to the Judge, and we informed them we should ask the Registrar to decide it, and did not intend to instruct counsel if Messrs. and Co. did not, but would ascertain from them wdiat they intended to do, and let Messrs. and Co. know December 27th. As the time for the respondents to file evidence had expired, writing Messrs. and Co. to know if they intended to file any The like to Messrs. and Co. . 1895. January 1st. Attending Messrs. and Co. asrain on their calling as to whether Messrs. and Co. were going to employ counsel, and we were to communicate with them and let Messrs. and Co. know by the 5th instant .....•• - G 8 1 - - -68 - G - -68 -68 3 - 1 6 13 4 6 8 3 6 1 6 Winding ?//;.] 218 January 1th. £ s. d £ s. d. Attending Messrs. and Co., wlien they said they did not intend to instruct counsel to appear before the Registrar on the adjourned summons, and attending Messrs. and Co. at their request, informing them thereof and conferring generally _ G 8 Jantiari/ Xoih. Attending the adjourned summons, when, after going into and discussing matter, the Registrar adjourned it to the Judge in Chambers - 13 4 Term fee _ 15 _ HILARY SITTINGS. 1895. January llih. Attending Mr. reporting what had been done by the Registrar ... - C 8 January \Wi. Instructions for brief for the liquidator . . 11- Drawing observations (folios G) . . . - (> - Fair copy ....... _ 2 - Copy summons for counsel .... - 2 - The like of affidavit of Mr. (folius20) - O 8 Paid Mr. with brief and clerk . 2 4 G Attending him ...... - G 8 Paid him conference fee . . . . 1 G - Attending him ...... - 3 4 Writing Mr. that we had received notice from Mr. 's solicitors to produce the minute book on the hearing before the Judge, and requesting him to let us have same - 3 G January IG/A. Attending conference ..... - 13 4 Attending summons before Mr. Justice when he decided that the directors' remuneration was to be paid as claimed, and that the costs of all parties should be paid out of the company's assets . - 13 4 Writing Mr. informing him the result of the application, and returning minute book and clerk's attendance there- with - G 8 January \ltk. Writing ]\Iessrs. and Co. acknow- ledging receipt of their letter, and that the liquidator had called up the uncalled capital, which should realize £ , and that we had requested him to make up an account showing the amount due to the directors for fees - 5 - £ s. (/. £ s. (/. Winding up.'] 219 Writing Mr. as to Mr. Justice 's decision, and that we understood the directors would divide the amount equally and as to the anaouut due to them . . - 3 6 Writing Mr. with reference to letter received from Messrs. ■ and Co. asking for a statement of the assets . . - 3 C Attending Mr. on his calling, and conferring thereon ..... - G 8 January 22nd. Drawing minutes of order as to directors' re- muneration (Iblios 7) . . . . - 7 - Copy for Chambers ..... - 2 4 The like for jMessrs. and Co. . . - 2 4 The like for Messrs. and Co. . . - 2 4 January 2drd. Attending lodging minutes of order and obtain- ing appointment to settle on the 29th Notice thereof to Messrs. and Co. . - 3 - The like for Messrs. and Co. . . - 1 G January 2Uh. Writing Mr. that Messrs. and Co. had written again for a statement of assets, and that we thought he should give them an approximate statement ... - 3 6 January 2Qth. Writing Messrs. and Co. in reply to their letter, and sending them statement of assets of the company and thereon . . - 3 G January 28//;. Writing Mr. informing him of letter received from Messrs. and Co. asking for statement showing amount due to each director on the footing of the recent order, and thereon ..... - 3 G Writing Messrs. and Co. with reference to Messrs. 's letter, on which we had written to the liquidator, and asking them as to the arrangement that the amount should be divided equally between the directors ...... - 3 G Writing Messrs. and Co. acknow- ledgmg receipt of their letter, and that we had written to the liquidator accordingly for the statement they asked for . . - 3 G January 29//;. Writing to the liquidator acknowledging receipt of his letter enclosing copy of letter which he had received from each of the directors agreeing that the remuneration should be equally divided - 3 6 Winding up.'] 220 £ s. (I £ s. d. Writing Messrs. and Co. as to letter received from the liquidator that thedirectors had agreed to divide their remuneration ^ equally - 3 G Attending settling minutes of order when the various amounts were to be ascertained from the liquidator and adjourned ... _ g g Writing the liquidator requesting him to let us know the amount due to the directors collectively, and to each one individually . _ 3 g Writing Messrs. and Co. in reply to their letter that we understood there would be sufficient assets to pay the amount of the fees claimed by the directors and the costs . _ 3 g January 31s/. Writing Messrs. and Co. as to letter received from the liquidator with reference to Clause 03 of the Article of Association relating to disqualification of directors, and asking if Mr. had become bankrupt or compounded with his creditors . . _ 3 g Fell war 11 2?id. Writing Messrs. and Co. acknow- ledging receipt of their letter, and that we had written to the liquidator asking him to let us know proportion due to their client ^and when the payment would be made . - 3 6 AYriting the liquidator accordingly, and that Messrs. and Co. staged that Mr. had never become bankrupt or compounded with his creditors ... _ 3 g Fehruanj 1th. Writing the liquidator acknowledging receipt of his letter informing us of the amount of fees payable to the directors, and that we were writing Messrs. and Co. accordingly ...... - 3 G February Sth. Writing Messrs. and Co. with a statement as to the amount of fees to be paid to each director, and asking them to agree same ...... - 3 G Fehrvary ^th. Writing Messrs. and Co. acknowledg- ing receipt of their letter, and that we had checked their figures, which were correct and would be inserted in the order ... - 3 G February 11th. AVriting Messrs. • and Co. informing them amount of fees payable to each director, and asking for their approval on behalf of Messrs. _ 3 g itt conference and Winding iq).'] 221 Writing similar letter to Mr. , and asking for his approval .... February \2ih. Writing the liquidator that Messrs. and Co. had written asking for a cheque for the proportion of fees payable to Mr. , and to let us have same, when we would obtain proper receipt . Attending obtaining appointment for the ISth instant to finally settle order Notice thereof to Messrs. and Co. . The like to Messrs. and Co. . Fehrvary Vdfh. Attending Mr. advising, and we were to let him have a statement of the income tax to be deducted, and advising him that he could then draw the cheque for payment to the directors February 14 /A. Writing the liquidator acknowledging receipt of his letter, and that Messrs. and Co. were acting for Mr. "s creditors, and that he could make the cheque payable to their (Messrs. and Co.'s) order, and if he sent it to us we would obtain a proper receipt February lofJi. Writing Messrs. and Co. enclosing cheque received from liquidator for propor- tion of fees payable to Mr. , and asking for proper discharge Writing the liquidator acknowledging receipt of his letter enclosing cheque for proportion of fees payable to Mr. , which we had handed to Messrs. and Co. Attending finally settHng minutes of order Engrossing order in duplicate (folios 7), each February 21st. Paid for order ..... Drawing bill of costs and copy for taxation (folios 38) . Attending taxing . Paid for copy costs of the respondents (folios 12) Attending taxing . Paid for copy costs of the respondent (folios 10) Attending taxing . Transcribing certificate Paid stamp . Attending to file certificate and get office copy marked Making copy for office copy Paid marking: £ s. (I. £ s. - 1 d. 6 - 6 -36 -36 - 10 - - 4 - -34 - 10 - 3 13 4 1 5 - 13 - 6 - 6 - 1 - 6 - 2 Winding vjh'] 222 £ s. d. £ s. d. Attending the liquidator for and obtaining cheque for amount of taxed costs, and also amounts due to the respondents in respect of fees ..... - 8 "Writing ]\Iessrs. and Co. witli cheque for the amount of their costs, and tiie fees due to Messrs. .... - 3 6 Writing Messrs, and Co. with cheque for amount of their taxed costs ... - 1 6 "Writing ]\Ir. with cheque for amount due to him in respect of fees ... - 1 G Term fee ...... . - 15 - Letters, messengers, &c. . . . .11- COSTS OF THE DIRECTORS RE8P0XDEXTS TO APPLICATION BY LIQUIDATOR FOR DIRECTIONS AS TO ALLOAVIXG THEIR CLAIM FOR REMUNERATION. IN THE HIGH COURT OF JUSTICE. Companies "Winding Up. Mr. Justice In the matter of the Companies' Acts, 18G2 to 1890, AND In the matter of the Company, Limited. Costs of the respondents, A. B. and C. D., to be taxed in pursuance of Order dated , 1895. MICHAELMAS SITTINGS. 1894. Novemher2Wi. & s. d. £ s. d. Instructions to appear on originating summons for 2 respondents, A. B. and CD.. . - 13 4 Attending giving undertaking to appear to originating sunmions ..... - G 8 December Gfh. Attending entering appearance (2 respondents) - 7 8 Paid . . . . . . . . - 4 - Notice thereof, copy and service ... - 3 - December 12th. Paid for copy affidavit in support of originating summons (foHos 20) - G 8 Perusing same ...... - G 8 Perusing prints of 5 reports and balance-sheets referred to in affidavit .... - 10 - Attending originating summons when same discussed and adjourned by the Registrar Winding iij).'] 223 until the 11 th of January, the evidence in answer to be filed by the 24th instant Attendances on respondents going through affidavit in support of the summons, when it was decided not to file any evidence in answer December 28th. Letter to Messrs. (the applicant company's solicitors) informing them we did not intend to file evidence . Sittings' fee d. £ 13 4 - 13 4 — o - 15 HILARY SITTINGS. 1895. January 11th. Attending adjourned summons before the Registrar, when after long discussion he said that, the question involved being new and of some importance, he would prefer that it should be settled by the Judge, and referred the summons to the Judge to be heard in Chambers by counsel Instructions for brief ..... January lAth. Drawing brief to counsel on hearing of summons before Judge (folios 13) Fair copy Copy affidavit in support to accompany (folios 20) ... The like summons. Attending counsel with brief . Fee to him and clerk Attending appointing conference Fee to him and clerk January Ibth. Attending conference Notice to Messrs. (applicant's solicitors) to produce minute book on hearing of summons to-morrow as advised by counsel, copy and service January IQth. Attending summons before Mr. Justice ^ — , when after fall discussion his lordship held that the directors were entitled to receive their remuneration in full, and directed that the costs of all parties to the application should come out of the assets ...... Letter to Mr. A. B., informing him result The hke Mr. C. D January 20fh. Close copy minutes of order .... - 13 4 1 1 — - 13 - 4 4 - 6 8 _ 2 - - G 8 3 5 6 16- 3 4 - 13 4 3 - 13 4 3 6 1 6 Winding ?//;.] 224 d. £ Attending appointment to settle order, when same fully discussed and partly settled, and appointment was adjourned to enable liquidator to ascertain the amount due to each director, and submit to the other parties for approval _ C 8 Letter to applicant's solicitors in reply inforraini^ them Mr. A. Ji did not wish to be paid a larger share than the other directors on the ground of his being chairman of the company .... - 3 6 Fehruary 12 fh. Making calculations and checking figures proposed by liquidator's solicitors to be inserted in order ..... Letter to them in reply agreeing the figures . Felruary 18ih. Attending further appointment, when order finally settled ...... Felruary 20fh. Drawing bill of costs and copy (folios 12) Attending taxing same Sittings' tee Letters, &c. ....... - 5 - - 3 6 - 13 4 - 8 _ - G 8 - 15 - - 10 6 III. COSTS IN LUNACY. The costs of all proceedings for the purpose of ascertaining- whether a person is a lunatic, and of all proceedings in the matter of a lunatic, are in the discretion of the Judge in Lunacy, who may order the costs to be paid by the lunatic, or alleged lunatic, or to be paid out of his estate, or by any other party to the proceedings. And in the case of the death of the lunatic, or alleged lunatic, an order for payment of costs out of his estate may be made within six years after the right to recover the costs has accrued, and every such order shall have the effect of an order of the High Court : Lunacy Act, 18')0, section 109. The rules of the Supreme Court as to costs apply, subject to the lunacy rules, and solicitors are entitled to charge the fees they would be allowed for similar work in the Chancery Division. The costs of proceedings pending at the time the Lunacy Rules of 1892 came into force are to be taxed according to Eule 107 of the Lunacy Rules, 1890, which provides for their taxation on the higher scale where the income of the lunatic exceeds £300 per annum (Rule 111), p. 226. In a case in which the result of the inquisition was that the alleged lunatic was found not to be of unsound mind, the Court allowed the petitioner costs as against the alleged lunatic, although the petition was dismissed, on the ground that the circumstances justified the petition being filed : Re Cathcart, 1 Ch. (1892) 5J:9, and 1 Ch. (1893)406. j.c. Lunacy.'] 226 THE EULES IN LUNACY, 1892. AS TO COSTS. Rule 10. The Masters may make orders as regards administration and management, and they may direct by whom and in what manner the costs of any proceedings are to be paid. 21. If in any case, in which the application is not by these rules or by the Judge or jMasters directed to be made by petition, a petition is presented without the direction of the Judge or Masters, no further costs shall be allowed than would be allowed upon a summons. 4(t. Subject to the provisions of these rules, the Masters shall once in the matter of each lunatic so found by inquisition, and may as often as they think it expedient, determine which, if any, of the next- of-kin, and what other persons, if any, are to attend the proceedings or any particular proceeding, and only those persons (if any), to whom the iMasters have given leave to attend, shall be entitled to notice of or be allowed to attend on any proceeding at the cost of the estate, except by special leave first obtained. 43. The jNIasters may direct that several parties, appearing before them by different solicitors, shall appear by the same solicitor, or that several parties, appearing before them by the same solicitor, shall appear by different solicitors. Where parties, directed to appear by the same solicitor, cannot agree upon the solicitor to represent them, the ^Master may nominate the solicitor ; and if any of such parties insists upon appearing by a different solicitor he shall do so at his own cost. 73. The committee of the estate shall annually, or at such longer or shorter periods as the Masters fix, deliver his accounts or affidavit in lieu of accounts into the Masters' office, and attend before the IMasters at or within such time as the Masters fix, and have his accounts taken and passed, and the IMasters shall make to him all just allowances, including an allowance of his reasonable and proper costs, charges and expenses of passing the account, and those of the next- of-kin, and other persons (if any) allowed to attend on the passing of the account, at the cost of the estate. 8!). Every affidavit shall be drawn up in the first person, and shall be divided into paragraphs, and every paragraph shall be numbered consecutively, and as nearly as may be shall be confined to a distinct portion of the subject. Every affidavit shall be written or printed bookwise. No costs shall be allowed for any affidavit or part of an affidavit substantially departing from this rule. 110. The rules of the Supreme Court as to costs for the time being in force shall, subject to these rules, apply to the costs of proceedings under the Lunacy Acts, ]8!)0 and J 81)1, taken after the commence- ment of these rules in any matter. 111. In proceedings pending at the commencement of these rules, the rules as to costs in lunacy ajiplicable before the commencement of these rules shall continue to apply. Lunacy.'] 227 112. In all cases not otherwise herein specially provided for, solicitors shall be entitled to charge and be allowed the fees they would be entitled to chart2;e, and be allowed for work and labour of a similar character transacted in the Chancery Division of the High Court. 113. Xo allowance shall be made for refreshments upon inquisitions. 114. Costs of proceedings under the Lunacy Acts, 1890 and 1891, shall be taxed by and under the direction of the Masters. Charges and expenses shall not be allowed, except to committees of the estate or person, unless under special circumstances the Judge or Masters in any case direct them to be allowed. 115. Where it is ordered that any costs, or costs, charges and expenses be taxed, the Masters shall tax and certify such costs, or costs, charges and expenses, and shall certify the names of the respective solicitors to whom the same should be paid ; and due notice of attending the Masters on the taxation shall be given to such parties as have liberty to attend on the proceedings in the matter ; and where it is ordered that the costs, charges and expenses of any committee or party in the matter of any application under the Lunacy Acts, 1890 and 1891, be taxed, the Masters, in taxing such costs, charges and expenses, shall not allow the costs, charges or expenses of any application upon which no order has been drawn up, or of any evidence in relation thereto, unless they direct the same to be allowed as costs in the matter, and shall not allow the costs, charges or expenses of or incidental to any application before the Masters which they have refused, unless the Masters are of opinion that such application was proper. 119. ^Yhere it is ordered that the committee of the estate do pay any sums of money for maintenance, he shall pay the same out of income, and where it is ordered that he do pay any costs, he shall, unless otherwise ordered, pay the same, wdien taxed, out of any moneys coming to his hands, after providing for the maintenance. Percentage and Fees.* 126. There shall be paid a percentage at the rate of 4 per cent, per annum on the clear annual income, amounting to £100 and upwards, of every lunatic so found by inquisition, but so that no larger sum shall be payable in any case in any one year than £400. 127. In the case of lunatics not so found by inquisition and of persons mentioned in section IIG (1.) {d.) of the Lunacy Act, 1890, with respect to whose property orders have been made under which income is from time to time dealt with or made available, there shall be paid a percentage at the rate of 2 per cent, per annum on the clear annual income amounting to £100 and upwards so dealt with or made available, but so that no larger sum shall be payable in any case * By the Lunacy Act, 1890, section 148 (4.), where it is made to appear to the Judge in Lunacy that the property of a lunatic does not exceed £700 in value, or that the income thereof does not exceed £50 per annum, he may order (if he thinks fit) that no fee shall be taken or percentage levied in relation to the proceedings in the matter or the property, as from the date of the order or such other time as he directs during the continuance of the lunacy, or imtil further notice. Q2 Lunar 1/.^ 228 ill any one year than £200. This rule shall apply to all orders made after the commencement of these rules. 128. In calculating percentage payable under these rules sums les& than 10s. shall be disregarded, and shall not be levied. 129. The following fees shall be payable in respect of proceedings under the Lunacy Acts, 181)0 and 181)1 : — Certificates. On every certificate of a Master other than a certificate of £ s. d. a Master respecting percentage ] - - Attendances. On an application, with or without subpoena, for any oflficer to attend as a witness or to produce documents (in addition to the reasonable expenses of the oflicer), for each day or part of a day he shall necessarily be absent from his ofiice 1 _ _ The officer may require a deposit of stamps on account of any further fees, and a deposit of money on account of any further expenses which may probably become pay- able beyond the amount paid for fees and expenses on the application, and the officer or his clerk taking such deposit shall thereupon make a memorandum thereof on the a]iplication. The otticer may also require an undertaking in writing to pay any further fees and expenses which may become payable beyond the amounts so paid and deposited. Orders. 9 _ _ On every order And in addition thereto the following fees, where the clear annual income of the person to whose property the order relates amounts to £100 and upwards : — (rt.) On an order authorising a particular lease, an amount equal to one-fourth the stamp duty payable on the lease. (J).) On an order authorising a sum of money to be raised by mortgage or charge for every £100 or fraction of £100 of the amount to be raised . . - 2 - (r.) On an order approving or authorising a contract for sale of any property for every £]()() or fraction of £100 of tiie amount of the purchase money . - 2 - {(L) On an order authorising a sale by auction where the reserve price is fixed or approved by the ]\Iasters for every £100 or fraction of £100 of the amount of the reserve price - 2 - (e.) On an order conferring a general authority to sell or grant leases 1 - - Provided that the fees payable under tlie heads a., h., c, and d.,. shall not exceed £10. Lumicij.'] 229 Provided also that the fees payable under the heads a., h., c, d., and e., shall not be payable upon any order made while percentage is payable upon the income of the person to whose property the order relates. Copies. On all copies of documents, the actual cost. Copies of Documents. 141. The following copies of proceedings and documents in matters in lunacy shall be made in the Masters' office (that is to say) : office copies of affidavits to be made for and taken by the party filing the same ; copies of documents prepared in the offices of the Masters to be made for and taken by the party having the conduct of the proceedings ; office copies of all orders, certificates and other documents, and of all proceedings filed in the Masters' office ; and copies of all documents filed in the Masters' office. Copies of all proceedings and documents, except those above mentioned, shall be made, delivered, charged, and paid for according to these rules. 142. The party, or his solicitor, requiring any copy, save as hereinbefore excepted, shall make a written request, to be delivered to the party by whom the copy is to be furnished or his solicitor with an undertaking to pay the proper charges. Upon the request being made, with such undertaking as aforesaid, copies of such proceedings or documents shall be made by the party or his solicitor filing or leaving the same, or who, under the last preceding rule, may have taken office copies thereof 143. The copies shall be ready to be delivered at the expiration of 48 hoiirs after the delivery of such request and undertaking, or within such other time as the Judge in any case directs, and shall be delivered accordingly upon demand and payment of the proper charges. 144. The charges for all such copies shall be at the rate of 4(1 per folio of 72 words, every figure comprised in a column being counted as one word. 145. The folios of all copies shall be numbered consecutively in the margin thereof, and the name and address of the party or solicitor by whom the same are made shall be indorsed thereon, and such party or solicitor shall be answerable for the same being true copies of the originals or of the office copies of the originals of which they respectively purport to be copies, as the case may be. 146. Any party or solicitor who has taken any office copy under these rules shall produce the same in Court or at the office of the Masters when required for the purpose of the proceedings to which the same relate. 147. All office copies and copies to be furnished by parties or their solicitors shall be written on paper of a convenient size, with a sufficient margin, and in a neat and legible manner, similar to that which is usuatly adopted by law stationers, and in the case pf copies to be furnished by parties or their solicitors, unless so written, the parties or solicitors furnishing them shall not be entitled to be paid for the same. Lunacy.'] 230 148. In case any solicitor who is required to furnish any sucli copy as aforesaid either refuses or for two clear days from the time when the appHcation for such copy has been made neglects to furnisli the same, the person l)y whom such application has been made shall be at liberty to procure a copy from the ollice in which the original document is or has been hied or left in the same way as if no such application had been made to the solicitor, aud in such case no costs shall be due or payable to the solicitor so making default in respect of the copy or copies so applied for. 149. The ^Masters shall not allow any costs in respect of any copy unless the same appears to them to have been required and to have been made with due care. (Signed) HALSBURY, C. The Cth day of February, 1892. EULES IN LUNACY, 1893. Costs of Official Solicitor. Rule 3. Any costs incurred by the official solicitor in relation to any proceedings taken by him pursuant to the directions of the blasters shall be paid by such parties or out of such funds as the Masters direct. 13. These rules may be cited as the Rules in Lunacy, 1803, and shall be read as one with the Rules in Lunacy, 1892, and shall come into operation on the Isfc day of July, 1893. (Signed) HERSCHELL, C. The 15th day of June, 1893. 1. PETITIONER'S COSTS ON AN APPLICATION FOR THE APPOINTxMENT OF A RECEIVER, AND FOR CARRYING OUT A RECEPTION ORDER, AND ON APPEAL TO LORD JUSTICE. IN LUNACY. In the matter of A. B., a person of unsound mind, not so found by inquisition. HILARY SITTINGS, 1893. £ s. d. £ s. d. Feb. 7th. Attending Mrs. and her brother, taking instructions in the matter, and advising as to the steps to be taken to secure the proper reception and detention of Mr. A. B., and they were to have a further interview with Dr. S. on the subject. (Loug conference) ... 134 15th. Several attendances on them and Dr. W., Liinanj.'] 231 and subsequently at Cavendish Square, on Dr. S., discussing the matter with him, and making a provisional arrangement for the necessary certificate being obtained, and reception of A. B. by Mr. L., of IGth. Attending Dr. S. and with him Mr. L., making arrangements for the admission of A. B. into Mr. L.'s house, and discussing terms with Mr. L., and we obtained certificate of Dr. S. and Dr. W. as to the incapacity of A. B. . Attending the Rev. Mr. B. (brother of A. B.) in conference respecting the steps to be taken with the view of a receiver being appointed of his brother's estate, and subsequently attending him and Mr. in long conference thereon . his D. was Instructions for petition for reception order Drawing same with amended particulars Drawing reception order Fair copy petition statement and order . 17th. Attending the Eev. Mr. B. on signing petition, and with him on Mr (J.P.), when the reception order made ....... Attending at Charing Cross Station despatch- ing order by train to Mr. L. . . . Paid Writing Mr. L. as to the reception order and as to the statutory obligation on him to give notices as to A. B. . Writing Colonel B. in reply, informing him of the steps we were taking to obtain the appointment of the Rev. Mr. B. as receiver Preparing summons for appointment of the Rev. H. B. as receiver of his brother A. B.'s estate ...... Copy for the Master .... The like for service .... Instructions for affidavit of Dr. S. in support Drawing same (folios 5) . . . Engrossing ...... Attending him at his residence, when we found he was out of town, and subsequently attending him and to a commissioner when he made affidavit . . . . . Paid oath ....... Attending at the Great Western Hotel to see the Rev. H. B., in order to obtain an affidavit from him as to the value of the alleged lunatic's estate, when we found he had left town this morning Telegram to him to wire amount of property and attending to despatch . . . . £ s. d. £ s. (L 2 2- 1 1 1 G 10 - - 6 6 8 G 8 - 5 - 3 6 13 4 - 1 6 -68 - 5 - s. 1 d. 2 £ S. d. _ f) _ - G 8 1 6 — 8 8 _ 6 8 Lunacy.'] 232 Paid "WritinfT the Rev. H. B. confirming telegram and thereon ...... 18th. Instractions for affidavit as to property . (Drawing and engrossing as ante.) Attending to be sworn ..... Paid oath Attending at the Lunacy Office filing affidavits Attending issuing summons for appointment of the Rev. II . B. as receiver Service of summons on the alleged lunatic at . (Charge according to distance) . Paid railway fare and expenses 22nd. Instructions for affidavit of Colonel B. in support of application for the appointment of the Rev. H. B. as receiver. (Drawing, &Q., as anie) ...... - G 8 Attending jMr. L., conferring with him on various matters arising under his reception of the alleged lunatic, and advising . . - G 8 Preparing telegram to ^Ir. L. to allow Mr. W., B's. solicitor, to serve his summons, and attending to despatch .... - 5 - Paid - - 10 (If any further affidavits as to the fitness of the proposed receiver charge them as ante.) 27th. Drawing instructions to counsel to attend the Master in Lunacy on the return of the summons (folios 10). ... - 10 - Fair copy - 3 4 Copy summons for counsel .... - 2 - The like affidavits in support (folios , at -id. per folio) ....... Paid counsel's fee and clerk . . . .246 Attending him ...... -OS Attending him to appoint conference . . - 8 4 Paid conference fee and clerk . . . 1 G - Attending conference - 13 4 28th. Attending summons when same ad- journed, and the ^Master directed an affidavit in answer to those brought against the fitness of the receiver proposed by us, the affidavit to be made by an independent witness, and subject thereto the Rev. H. B. appointed receiver - 13 4 Writing Messrs. for a copy of the affidavit containing the allegations to which the Master had directed the Rev. H. B. to answer ....... - 3 6 Writing ^Fr. L. in reply as to the particulars which Messrs. R. had desired him to supply in reference to the reception order . . - 3 6 Writing Messrs. R. in reply to their letter to Lunanj.'] 233 Mr. L. that we should be happy to produce copies of the affidavits and certificates if they would call for the purpose of in- specting them ...... March 1st. Paid Messrs. R. for copy affidavit of Mr. AY. B. (folios 40) . Perusing same ..... Paid for copy of affidavit of Mrs. C. B (folios 32) Perusing same ..... Instructions for affidavit of the Eev. H. B, in reply (Drawing, &c., as ante.) Instructions of affidavit of Mr. K. (indepen- dent witness) ...... (Drawing, &c., as ante, and charge simi- larly for any further affidavits as to fitness of receiver.) 2nd. Attending Messrs. R., producing for their inspection copies of the petition, particulars and certificates upon which the reception order had been made . 3rd. Attending the Master for an appointment to dispose of the summons Notice copy and service of the appointment . 9th. Attending the clerk of the peace for the county of Middlesex for certificate of ap- pointment of Mr. D. (as a J. P. within the meaning of the Act) and afterwards for same Paid 11th. Drawing further instructions to counsel to attend the Master on Tuesday on the adjourned summons (folios 6) . Fair copy Paid counsel's fee and clerk .... Attending him ...... 14th. Attending the Master on adjourned summons, when he confirmed the order he had made ...... Perusing notice of appeal .... Attending the secretary of Lord Justice on the order which the Master had made and the appeal therefrom ..... Writnig the Rev. H. B. informing him of his appointment ...... Writing Mr. L.informinghim of the appointment loth. Instructions for agreement with Mr. L. as to board, &c., of A. B. . Drawing same (folios 9) .... Engrossing ....... Writing Mr. P. informing yhim of the con- firmation of the Rev. H. B.'s appointment, and asking for information as to the property and liabilities of Mr. A. B. . . . d. £ s. d. 13 4 - 10 2 4 G - 13 4 - 10 8 -68 -68 () 8 G 8 4 - - 6 6 8 1 - - 6 - 3 6 - 3 6 - 6 8 - 18 - - 3 - - o - Liinaci/.'] 234 d. £ s. (1. 3 G 1 4 (J 8 G 8 3 4 3 4 Writing ]\Ir. L. with agreement of terms upon which ]\Ir. A. B. was to be an inmate of his liouse, and asking him to go through it and sign it if lie found it to be in order . 18th. Writing ]\Ir. L. in reply to his letter, and that we had received telegram from the Rev. H. R., and were expecting them both on Tuesday next ..... 20th. ]\Iaking copy notices of appeal for counsel (folios 4) Instructions for counsel to attend the liord Justice to-morrow on the appeal Fee to counsel and clerk . . . . 2 4 G Attending him ...... Paid him conference fee and clerk . . . 1 G - Attending him ...... Attending conference ..... 21st. Attending the Eev. H. B. and Mr. L., conferring with them as to the arrangement to be made for the maintenance of Mr. A. B., and as to the effect of the order made by the Master _ (^ g Attending Lord Justice on the appeal, when he came to the conclusion that it would be better that the official solicitor should be appointed receiver, and appointed him accordingly, the costs of all parties to come out of the estate ..... 11- Attending Mr. H. in consequence of letter received from him, conferring as to the probable income of A. B., when he retained the letter we had received from the bank declining to give information until the order appointing the receiver had been served upon them, so that he might write to the secretary and get the information in his official capacity ..... _ g 3 22nd. Writing the official solicitor, informing him of the order which had been made by Lord Justice .... - 3 G 23rd. Writing Mr. L., reporting to him the appointment of the official solicitor as receiver, and that we would communicate with that gentleman in reference to the completion of the agreement with him . - 5 - 24th. Writing Dr. W. in reply to his letter that we would bring before the official solicitor the question of the payment of his fee - 3 6 2r)th. Writing Rev. H, B., acknowledging receipt of his letter, and that we would bring Mr. S.'s letter before the official solicitor at the proper time ... - 3 6 Writing Mr. L. that we would lay his a])plica- tion for £100 or £150 before the official Lvnari/.'] 235 & s. (L £ s. (L solicitor when his appointment as receiver had been completed ..... _ 3 (; April 4th. "Writing the Rev. H. B., acknow- ledging receipt of his letter, and giving him the address of the official solicitor . . - 3 & "Writing the Rev. I., who had claims against A. B., in reply giving him the address of the official solicitor ..... - 3 G Sittings' fee - 15 - EASTER SITTINGS. April 12th. Attending with Mr. L. on the official sohcitor, conferring fully with him on Mr. L.'s position, explaining there was about £ due to Mr. L. for maintenance, and that it was necessary that some arrange- ment should be made for payment of this amount and what should become due, as Mr. L. could not keep the lunatic without payment, and it was arranged that the Master should be asked to exercise the power he had to make a certificate, authorising the official solicitor to apply to the bankers for £150 on account . , - 13 4 13th. Having received notice of appointment before Lord Justice , attending his Lordship, when he read the report of the lunacy visitor, which was to the effect that the lunatic was very comfortably placed with Mr. L., and his Lordship therefore confirmed his order of the 21st ult., and did not think it was worth while to direct an inquisition ...... - 13 4 On letter from Rev. H. B., stating he believed the pass-book was in possession of the lunatic, and that the balance was £ , attending the Master thereon, when he settled the certificate as to the payment of £ to Mr. L., on account of the lunatic's maintenance ...... - 6 8 "Writing Mr. L. requesting him to see if he could find the pass-book and send it to us . - 3 6 17th. "Writing to Mr. L. acknowledging receipt of the pass-book, and for an account of what was due to him for maintenance . - 3 G 19th. Attending Master's clerk, producing the pass-book, and he informed us that he had prepared the minutes of the order which the Lord Justice had decided Messrs. R. should draw up ..... . - 6 8 22nd. AYriting official solicitor acknowledg- ing receipt of cheque for £ on account of maintenance .... - 3 & Lunacy.'] 23G £ s. •2\th. "Writing- Mr. L. with cheque, and again requesting liim to send us an account . - 3 G May IGth. Attending official solicitor arranging appointment with him to see Mr. L.,"and writing ]\Ir. L. informing him thereof . _ (j g 10th. Attending official solicitor's office, when we met Mr. L., and arrangements as to the expenditure which Mr. L. might incur in buying what was necessary in the way of clothing, &c., for the lunatic were made . -08 Term fee _ 15 _ TRINITY SITTINGS. June 2nd. Attending appointment to settle minutes of order appointing official solicitor receiver. (Engaged from 12 until past 2) . 11- Attending passing order .... - G 8 Drawing bill of costs and copy for taxation and copy for official solicitor (folios , at Is. per folio) Attending taxing ...... i _ _ "Writing Dr. S. for an account of his charges . - 3 G The like Dr. AV. - 3 G Paid them ....... Term fee _ ] 5 _ Letters, messengers, &c. .... 2. COSTS OF "WIFE OF LUNATIC SERVED WITH SUMMONS FOR APPOINTMENT OF RECEIVER AND FOR MAINTENANCE. MICHAELMAS SITTINGS, 1892. £ s. d. £ s. d. Nov. 10th. Attending Mrs. P. in very long conference with reference to her husband's state of mind, and also with reference to summons which had been served upon her for the appointment of a receiver and for providing maintenance, discussing the matter very fully, when she wished us to see Messrs. and Co., who were acting for her husband's family, and taking instructions. (Engaged over an hour) .... - 13 4 Nov. 11th. Attending Mrs. P., informing her fully as to our interview with Messrs. , and advising and arranging further appointment for Monday afternoon. as we hoped in the meantime to receive and peruse affidavits to be read in support of the summons which had been issued . . - G 8 14th. Paid for copy affidavit of J. (folios iM) . - 8 - Lvnacy.'] 237 £ s. d. £ s. d. Perusing - 8 — The like affidavit of (folios 4) . .-14 Perusing - 1 4 The like affidavit of (folios 3). . . - 1 - Perusing - 1 — Attending Mrs. P. on her calling, going care- fully through the affidavits, discussing some very fully, and advising as to evidence to be filed on her behalf ..... - 6 & 15th. Attending i\Irs. P. on her calling, con- ferring further as to the proceedings, and receiving full explanations from her with regard to the deposit of £ by her husband with j\Iessrs. , and which was sought to be dealt with under the sum- mons returnable to-morrow, and she was to let us have any letters or papers in her pos- session relating thereto .... - G 8 16th. Attending appointment before Master, when affidavit and documents in support of the application were read and summons adjourned for further evidence to be filed . 11- 18th. Attending Mrs. P., reporting the pro- ceedings before the Master, and discussing and advising as to the further evidence to be filed Writing Mrs. P., with copy of letter received from Messrs. with reference to the necessity for her deciding at once as to the course she proposed to pursue with regard to her husband, and to arrange for her to see us. (Long letter) .... Making copy of long letter to enclose 21st. Writing Messrs. fuUyin accord- ance with instructions, and explaining Mrs. P.'s wishes. (Long letter) 22nd. Instructions for affidavit of Mr. Drawing same ...... Engrossing ....... Attending deponent to be sworn . Paid oath -10 Notice of affidavit having been sworn copy and service on Messrs. . . - 4 - 23rd. Making copy of letter received from Messrs. declining to assent without the sanction of the Master to Mrs. P. taking charge of her husband, and writing !Mrs. P. therewith and advising her to see us . . - 5 - 24th. Attending Mrs. P. upon letter, copy of which we had sent her, discussing fully as to the accommodation to be provided ibr her husband, and advising .... - G 8 Instructions for further affidavit of Mrs. P. . -68 Drawing same (folios 7) .... - 7 - Engrossing ....... - 2 4 1 6 5 - .4 5 6 4 8 Lii.nanj.'] 238 £ s. d. .£ s. il Attendinf^ deponent to be sworn ... _ (; g Paid oath _ 1 g Notice of affidavit having been sworn copy and service on ^Messrs. - 4 - -44 Paid for copy affidavit of F. P. and J. P. (folios 1;}) 4 4 Perusing same ...... 25th. Attending adjourned appointment before the Registrar, going through the further evidence, when order made, tlie IMaster stating that he was satisfied upon the evidence before him that the £ in the hands of Messrs. G. and Co. belonged to Mrs. P., and that he should not make any claim in respect of same, but that he should take the fact into consideration in making any allowance of moneys to her . . - 13 4 2Gth. Attending Mrs. P., giving her full information with regard to the proceedings before the ]\raster yesterday, and arranging to see ^Messrs. and Co. on ]\runday to ascertain whether any terms could be arrived at for hei' to have the care of her husband . - 8 28th. Attending Messrs. in long conference as to Mrs. P. having the care of her husband, when they suggested that the better course would be to have Mr. P. properly taken care of in one of the usual asylums where Mrs. P. would be able to visit him as frequently as she liked. (Engaged over an hour) ...... - 13 4 29th. Attending Mrs. P., explaining very fully our interview with ]\Iessrs. , advising, also explaining as to letter we had received from them this morning, discussing as to same, and taking instructions for reply - C 8 Writing ^Messrs. very fully in accord- ance with instructions and as to arrange- ments to be carried out, and enclosing copy of our letter to Messrs. . (Long letter) - 5 - Making copy of letter to enclose ... i o Paid j\Iessrs. for copy of draft order (folios IG) - 5 4 €lose copy - 5 4 30th. Attending settling order ... - 13 4 Dec. 3rd. Writing IVFrs. i*. fully as to com- munication received from IMessrs. , and as to assistance she would receive from her husband's family, and advising. (Long letter) _ 5 _ •8th. Attending Master, when he made order allowing £ a year for the maintenance of ]\rr. P., and appointed Mr. receiver - 1 3 4 Lunanj.'] 239 £ 5. d. £ s. (I. 0th. Attending passing order. ... - G 8 Writing Messrs. in reply to tele- gram received from them, and enclosing original letter from Mr. P. of the 2nd instant ....... - 3 G 17th. Writing Mrs. P. in reply, and advising as to her right to the moneys in the hands of Messrs. , and the decision of the Master with reference thereto . . - 3 6 21st. Writing her enclosing copy of letter we had received to-day from Messrs. , and advising thereon and making copy of letter for her ...... - • 5 - Making copy of the letter for Messrs. and writing therewith, and as to communi- cations to be made by them to Messrs. Gr., and as to obtaining payment of the money . - 5 - 22nd. Writing Mrs. P. in reply, and enclosing copy of letter from Messrs. G. to ourselves of the 29th November, and fully advising in reply to her letter with regard to her husband's position ..... - 5 - 1893. Jan. Paid for copy order of mainten- ance (folios 7) - 2 4 Sittings' fee - 15 - HILARY SITTINGS. 17th. Writing Messrs. in reply, and explaining as to the remittance made by Messrs. G. and communications we had received as to the health of Mr. P. . . - 3 G 18th. Writing Mrs. P. in reply with regard to any attempt which might be made by Mr. P., senior, to place her husband in the county asylum, and fully advising her . - 3 G 20th. Attending settling order for mainten- ance, and we were to communicate with Mrs. P. and advise her as to Mr. P., senior, being receiver instead of Mr. I. . . . - 13 4 Writing IMrs. P. accordingly, and reporting very fully and advising .... - 5 - 23rd. Writing Messrs. explaining the anxiety of Mrs. P. that her husband should be allowed to stay with her from time to time, and result of interview she had had with Mr. P., senior, explaining that the doctor approved of Mrs. P.'s proposals, and asking that such an arrangement might be made, and to bring the matter before the Master. (Long lette'r) .... - 5 - Writing IMrs. P. very fully in reply thereon, informing her of our communications with Lvnanj.'] 240 £ 5. il £ s. (L Messrs. , and advisini,^ her very fully ....... - 3 G 28th. Attending on Messrs. , con- ferring with reference to tlie appointment of ;Mr. P., senior, as receiver, also as to jNIrs. P.'s desire that her husband should stay with her for a week now and then, when they arranged to write the doctor and ascer- tain his \iews, and they were to obtain an appointment to discuss the matters before the Master. (Engaged over an hour) . - G 8 30th. Writing Mrs. P. reporting interview with Messrs. , advising her, and as to the doctor concurring in the proposed change - 3 G Feb. 1st. Writing Mrs. in reply, and that w'e had written ]\ressrs. in accordance with her letter ... - 3 G Writing ^Messrs. and Co. that we had heard from IMrs. P. that the doctor was perfectly walling that her husband should stay a part of his time with her as proposed, and asking them to obtain direct confirmation, and to advise ^Iv. P., senior, to concur - 3 G 8tb. Attending appointment before the Master, when !Mr. P., senior, appointed receiver in lieu of Mr. I., and the Master also directed that the £50 received by Mr. P., senior, from ]\rrs. P. should be accounted for . - 13 4- Writing ]\rrs. P. very fully explaining and advising ....... - 3 G 11th. Writing her in reply very fully with reference to the £."30 handed by her to j\Ir. P., senior, and as to obtaining repay- ment, also with reference to the statements now being made by ]\Ir. P., senior, that the moneys in the hands of jNIessrs. Gr. still belonged to his son, and explaining further as to the decision of the Master with regard to that money - 5 - Writing Messrs. thereon, and requesting them to arrange for the repay- ment out of the £50 of the allowance granted Ijy the Master .... - 3 G IGth. Writing them in reply thereon, and further explaining as to the right of ^Mrs. P. to the £50, and the circumstances under w^hich it was handed to ls\v. P., senior . - 3 G 22nd. Paid for copy affidavit as to the fitness of ]\Ir. P. to act as receiver (folios 4) . - 1 4 Perusing same - 1 4 Upon receipt of communication from j^Xessrs. with regard to the claim Liniacij.'] 241 d. £ of the estate to the £.')0 handed by Mrs. P. to Mr. P., senior, writing Mrs. P., explain- ing their contentions, and to ascertain from what source she obtained the money. (Long letter) - 5 - 24. Writing her in reply to her letter giving us the particulars we required, and further with reference to the claim of ]\Ir. P., senior, to the £ - 3 6 28. Writing Messrs. and Co., explain- ing that the £50 was handed to Mr. P., senior, in cash by ]\Irs. P., and that the money was Mrs. P.'s own private money, and that we were instructed to press for repayment ...... -36 March 3. Writing Mrs. P., explaining as to further communication received from Messrs. , and letter received by them from Mr. P., senior, and requesting to know whether the statements made by him were correct and fully with reference thereto. (Long letter) .... - 5 - 16. Attending appointment before the Master, when he decided that the £50 advanced by Mrs. P. should be repaid to her, we consenting to the deduction of travelling expenses ....... Writing Mrs. P. informing her of decision of the Master, and that we hoped shortly to receive a cheque from Messrs. 17. Attending Messrs. , conferring as to settlement of the order, and agreeing as to payments for maintenance being made in advance ...... - 6 8 22 Attending passing order .... - 6 8 May 5. Writing Messrs. for pay- ment of the £50 ordered to be refunded to Mrs. P Writing Mrs. P. enclosing statement of account received from Messrs. , showing deductions proposed to be made from the £50, and for instructions . . - 3 6 10. Writing Mrs. P. in reply, and that we had written Messrs. as requested . - 3 G Writing them accordingly as to deductions which Mrs. P. was willing to allow . . - 3 6 May 13. Writing Mrs. P. as to further com- munication received from Messrs. , with proposals for settlement, and for your instructions as to accepting same 15. Writing Messrs. that Mrs. P. accepted their offer, and asking for cheque . - 3 6 19. Writing acknowledging receipt of cheque for £44 13s. 3^ - 3 6 J.C. ti 13 4 -36 -36 Lunar If. '\ 242 £ s. (I. £ s. d. "Writing ^Irs. P. that we had received the cheque, and thereon Sittings' fee - 1 5 - TRINITY SITTINGS. Drawing costs and copy for taxation (foHos ;■")()) Attending taxing ...... Paid for copy costs of Messrs. . . 2 14- Attending taxing I (I 8 Sittings' fee - 15 - Letters, messengers, and incidental expenses . 11- 3. PECEIYER'S COSTS ON APPLICATION BY POOR LAW GUARDIANS FOR PAYMENT OUT OF FUNDS IN COURT IN RESPECT OF MAINTENANCE OF PAUPER LUNATIC. „ . ,, . £ s. (I. £ s. a. 1893. Dec. 10. On receipt of letter from the solicitors to the union claiming payment for maintenance of A. B., a person of uusouud mind, not so found by inquisition, attending receiver informing him of the claim, and for instructions ..... - G 8 "Writing in answer that we were instructed to afford them all reasonable facilities in the matter ....... - 3 6 Attending the receiver discussing the matter, and he was to let us have the addresses of the next-of-kin ...... - G 8 20. Attending Mr. (next-of-kin) on his calling, informing him as to the summons it was proposed to issue, and con- ferring on the matter .... - G 8 25. Attending bespeaking certificate of fund in Court Summons for Master's directions in the matter Copy for the Master ..... Copy to serve Service Copy claim of guardians for the Master (folios 5) Feb. 2. Attending summons when the Master refused to make an order for past maintenance, and made an order for pay- ment of future maintenance at rate of IGs. C)(I. per week, costs to be paid out of the fund ....... - 13 4 Paid for draft order - 2 1 1 Notice to settle order, copy and service . . - 4 - Close copy order (folios 15) ... - 5 - Copy for the solicitors to the union . . - 5 - Attending appointment to settle order when the summons was adjourned to enable the G 8 (; 8 2 - 2 - 5 - 1 8 L^inanj.'] 243 solicitors to the union to obtain instructions as to appealing ...... 20. Attending the solicitors to the union, when they informed us that they were in- structed not to a]ipeal .... 21. Notice copy and service on receiver to settle draft order . . . . . 27. Attending settling order . . . . March 4th. Attending at Pay Office, going through draft order and explaining same, when tlrer officials were satisfied as to the same .... 7. Notice to pass order . Attending examining print . Paid stamp on order 14th. Attending passing Paid for office copy Copy order for Taxing Master Preparing and copies statements of parties and their interests .... Drawing costs and copy (folios 18) Sittings' fee EASTER SITTINGS. Paid for copy receiver's costs Attending taxing same . Paid transcribing certificate Attending taxing this bill Paid signing certificate . Attending to file . Paid for office copy Attending bespeaking sale of consols and taining same, completed Sittinu's' fee . £ (/. £ -18 - 1 (L 8 -68 - 4 - - G 8 - 8 -44 - 2 B - 12 - 11- - 2 - - G 8 - 13 4 -68 - G 8 1 1 - 4 COSTS OF CREDITOR ON CLAIM AGAINST LUNATIC'S ESTATE ORDERED TO BE PAID OUT OF THE ESTATE. TRINITY SITTINGS, 189 . Auff. 9. Attending the clerk to the guardians of the Union on his calling conferring hereon, and obtaining his instructions, when it appeared that this lunatic had been in the workhouse since 1879, and was entitled to a sum of money which had been carried to the fund for the reduction of the National Debt, ad- vising thereon, and arranging to communicate with our London agents and submit to them a copy of the corre- spondence which had taken place for the purpose of ascertaining the position of matters, and whether a committee of the lunatic's estate had been appointed £ s. d. G 8 R 2 Lwmri/.'] 244 s. cL "Writiiis: London agents fnlly thereon accordino:]y, and enclosinf? a copy of the correspondence for their perusal Copy correspondence to accompany (folios ) at per folio - - 4 10. On receipt of yonr letter and enclosure, agents perusing and considering same ..... Agents attending at the office of the [Musters in Lunacy and making full inquiries and ascertaining of what the fuiul consisted, and how tlie .same liad Ijeeu dealt with _ (; ^ Agents writing IMessrs. S. and Co. (solicitors of the next- of-kin of the lunatic) explaining that they were instructed on behalf of the guardians of the Union, who had a claim for the maintenance of the lunatic, and requesting to be informed the position of the proceedings and particulars of the property to which the lunatic was entitled . . . . . . - 3 (> Aug. IT). Writing the clerk to the guardians that as far as we had been able to ascertain the whole fund to which the lunatic was entitled consisted of a sum of £1)0 in New Consols, with dividends which had been accruing for some considerable time, and that the fund had recently been transferred to the Commissioners for the reduction of the National Debt, but that an order had been made by the Masters in Lunacy directing the same to be paid out, and that we feared the matter could not be dealt with until after the Long A^acation . . . - 3 G Writing agents setting out fully our client's claim, and requesting them to make formal claim to the Masters in Lunacy that the fund should not be dealt with Writing the Masters in Lunacy therewith, and requesting them to give eflect to our client's claim . . .-36 Sittings' fee . . . . . . . . .11- MICHAELMAS SITTINGS. 189 . Dec. 10. Agents attending at Messrs. and Co. conferring thereon, when they informed agents that the only order dealing with the fund was that recently obtained directing the transfer and payment into Court and taxation and payment of the costs of the applica- tion, and they would write their clients for instructions as to lending us the office copy order . . . . - (5 H 15. Agents attending to bespeak certificate of fund in Court, and subsequently to obtain same . . .-(18 Writing us therewith and thereon ..... Agents attending the jMaster's clerk, conferring thereon, when the latter informed them that they should obtain full particulars of the claim made by the guardians, and ask Messrs. S. and Co. to take out the necessary summons on behalf of the receiver for payment of the claim - {') S' Agents writing us fully thereon, and requesting to have the necessary particulars ...... 22. Having received from the clerk to the guardians a i: s. d. Ln?mri/.] 245 statement of account of maintenance of this lunatic for the last six years, and askini^ if this was all that could be recovered — writing him in reply . . . .-86 Jan. 5. Agents writing Messrs. 8. and Co. enclosing a copy of the statement showing amount due to the guardians, and requesting them to issue a summons for payment of the claim out of the fund in Court . . - o (J HILARY SITTINGS, 189 . 20. Attending solicitors of next-of-kin informing them that you were desirous of getting this matter settled at once, and as to whether they would push same on, and they stated that they had instructed their agents yesterday to issue summons for directions . . .-68 21. Copy Messrs. S. and Co.'s letter stating they had re- ceived instructions to issue a summons herein, and they were unable to accept the amount claimed to be due to the guardians by us - 1 - Agents writing us therewith, and enclosing copy of their proposed reply 25. Agents writing Messrs. S. and Co. acknowledging receipt of their letter and enclosure, and stating it was the usual practice in lunacy to pay the whole arrears of maintenance, and not to set up the Statute of Limitations, and that the summons should also ask for the payment of the costs of the guardians, and also for payment of the balance of maintenance as it became due in the event of there being any fund . . .-36 Feb. 2. Instructions for affidavit by Mr. verify- ing accouut of amount expended by guardians . .-68 Agents attending the Masters in Lunacy on summons for directions on claim ....... Order made for future maintenance at the rate of 10s. Gd. per week to be paid to the guardians of the union, costs of applicants and respondents to be paid out of the fund in Court - 18 4 9. Agents writing Messrs. S. and Co. acknowledging receipt of their letter and enclosure, and stating that they would have to ask for an adjournment of the appointment to enable us to obtain our client's instructions . . .-36 Feb. 9. Close copy minutes of order (folios 13) . .-44 10. Agents attending to settle minutes of order, adjourned for instructions - 6 h Writing clerk of the guardians very fully explaining the position of this matter and as to the course to be adopted .....•••• On receipt of letter from him that under the circum- stances the guardians would consent to the order which had been made . . . . • • • . - o - 20. Agents attending adjourned appointment to settle order. (Same settled) " ^! ^ Attending passing order . . . . • • .-6b Sittings' fee 1 1 - Lunacy.'] 246 EASTER SITTINGS, 189 . Brawinfr bill of costs and copy for the Master (folios 40) Attendiujj taxing ....... Sittings' fee ....... . Agency correspondence. (Special and extensive) s. d. C, 8 13 4 1 - 10 - 5. TETITIONER'S COSTS OF INQUISITION. HILARY SITTINGS, 1894. ]\Ir. taking instructions in Feb. 7. Attending the matter . (Charge for the attendances, in order to obtain the material for the affidavit in support of the petition as in the previons Bill of Costs (No. 1) for the appointment of a receiver of the estate of the alleged lunatic.) Instructions for petition Drawing same Engrossing at per folio Attending petitioner thereon, and attesting his signature thereto ...... ^. Instructions for each affidavit in support of petition Drawing same, at per folio .... Engrossing same, at per folio .... Attending each deponent to be sworn thereto . Paid oath (each) Attending presenting petition and filing affidavit Copy affidavit for oflice copy, at per folio Paid for office copy ...... Copy petition for service ..... Drawing and engrossing notice of petition to be served therewith ....... Fair copy same, at per folio .... Service of petition and notice on the alleged lunatic (If at a distance of more than 2 miles charge mileage at l.s. per mile after 2 miles.) (If sent to an agent for service, charge writing agent and paid his charges.) Drawing and engrossing affidavit of service, and paid oath If not personally served, at per folio Copy for oflice copy, and paid for office copy . Attending searching if jury i-equired by alleged lunatic . If jury demanded by alleged lunatic and allowed by IMaster, charge drawing and engrossing precept to the sheriff at per folio ...... Attending at the Master's office for order Attending for appointment to take the inquisition . Attending at the sheriff's oflice therewith If the in(|uiry held without a jury charge attending at the Master's office for an appointment to take the inquiry £ s. (/. ;} 4 - - 4 i; 8 (') 8 1 - - 4 G 8 1 G {; 8 - 4 •> _ - 4 5 - - G G - 1 4 - G 8 - ( 4 8 G 8 G 8 - G 8 Lunacy.'] 247 If counsel instructed charge usual charges for brief. If not charge for minutes of the evidence at per folio Preparing each summons for witnesses, and getting same sealed ......... Copy and service thereof ....... (Mileage as in other cases.) (Attending inquiry, the same as in the Chancery Division, on trial of action.) Attending the Master for certificate of the result of the inquiry ....... Fair copy of same (at per folio) Attending filing ...... Paid witnesses ...... Preparing summons for appointment of committee Copy for the Master ..... Copy and service ...... Attending petitioner as to proposed committee Instructions for aifidavit of fitness . Drawing same (at per folio) .... (Further charges for atfidavit as usual.) Attending proposed committee when he consented to act Attending summons when order made (Or according to circumstances. Charge for this and any other summonses and orders as in the Chancery Division.) Instructions for bond ...... Drawing and engrossing same (at per folio) . Attending stamping ...... Paid stamp ........ Writing committee with appointment to execute bond The like to each surety ...... Attending each attesting execution of bond Instructions for affidavit of sufficiency of sureties (Charge for engrossing, &c., as ante.) Attending at the liunacy Office for Master's approval of the security, and filing bond and affidavits for each necessary attendance ....... (Charge for drawing bill of costs and copies as ante.) Sittings' fee Letters, messengers, &c. ....... - 1 - (5 - G -68 - 1 - 4 G 8 G 8 2 - 4 6 6 8 G 8 1 - G 8 3 4 . - G 8 . - 1 4 . - G 8 . - 10 — . - 3 G . - 3 6 . - G 8 . - G 8 6 15 IV. COSTS IN THE QUEEN'S BENCH DIVISION. In the absence of special cn-cumstances the successful party is allowed his costs ; but, so far as the County Courts have a concurrent jurisdiction with the Queen's Bench Division, this is subject to the provisions of the County Court Act (1888). With respect to actions in the High Court which could have been brought in a County Court, section 116 of the Act provides, that if in an action of contract the plaintiff' recover a less sum than £20 he shall not be entitled to any costs, and if he recover £20, but less than £50, he shall be entitled to no more costs than he would have been entitled to had he brought his action in the County Court. And, in actions founded on tort, if he recover less than £10 he shall not be entitled to any costs, and if £10, but less than £20, he shall be entitled to County Court costs only, unless in any such actions a Judge of the High Court certify there was sufficient reason for bringing such action in the High Court, or a Judge in Chambers shall by order allow costs, and that iJ^ejjlaiiLtJifjwithm 21 _d^^s_^roni_Jbhe sennce_oJ__^ an^rder^forjj^id^mejit lor £20 or_jnore uuder_Oi'der^ IJ^^ he_sHall^lbe^ entjtledto_High CourT coils."- ^^lic above sections apply only~^to actions which mighOiave been brought in the County Court, not to actions for libel or slander, seduction, breach of ])romise of marriage, or in which the title to any toll, fair, market or franchise is in question, nor do they apply to actions in which the defendants are resident in foreign countries or beyond the jurisdiction of the County Courts. See note p. 251. Q. B. D.— Fixed Costs.'] 249 1 FIXED COSTS UNDER PRACTICE MASTER'S RULES (SEE ORDER Of,, RULE 27, SUB-RULE 38) IN CASES OF JUDGMENT BY J)EFAULT. Default of Appearance. Personal Service oyer £50 on Specially Indorsed Writs. „ , £ s. a. In country and agency cases, and where service effected more than 5 miles from the General Post Office . .56- Town cases 4 14 - And in addition for each extra service . . . . - 6 - (£20 and over, but not exceeding £50, specially indorsed. Also not specially indorsed any sum of £20 and over. As to bills of exchange and promis- sory notes, see below.) In country and agency cases, and where service effected more than 5 miles from the General Post Office . . 4 12 - " Town cases . . . ^ ~ ~ And in addition for each extra service . . . . - 6 - (The above allowances to include all mileage. In cases under £20 no costs, unless a Judge's order for costs. The same costs are allowed on judgment in default of defence.) In Addition to the Ordinary Costs of Judgment. For substituted service 1 - - (In actions where the plaintiff obtains judgment for more than £50 on an order for substituted service of the writ, the solicitor for the plaintiff should tax the bill. See Bill of Costs, No. ;3, p. 252.) On Bills of Exchange, &c. Default of Appearance or Defence, or Order 14. For sums of £20 a/id not exceeding £50. In agency cases 4 4- Town cases . . . . • • • • . 3 17 10 And in addition for each extra service . . . . - 6 - jv^ote. — This scale of allowance is only applicable in cases in which judgment is not obtained under Order 14 within 21 days after service of writ. Where it is so obtained the plaintiff is entitled to costs on the High Court Scale. See County Court Act (1888), section IG, and Bill of Costs, No. G, p. 255. On Order 14. Not exceeding £50 (except on Bills of Exchange, dr., for which see above.) Country / - - Town • • . G 10 - And for each additional defendant . . • . . - G - (The amount should be inserted in the order for judg- ment.) Q. II. D.— Fixed Cosb.'] 250 s. (L (5 - Removals from Inferior Courts. From Jfa//or''s Court. £ Costs of removal inclusive of costs of issain * By the County Courts Act (1888) the plaintiff is deprived of High Court costs onlv where the debt recovered is less than £50 ; but Order 65, Rule 12, ■ not exceeding £50," and this rule has been held to apply notwithstand- says : ing the statute : Millingt&n v Harwood (1892), 2 Q. B. 166. Q. B. D.— Plaintiff's Cosfs.^ 252 3. PLAINTIFF'S COSTS ON ORDER FOR SUBSTITUTED SERVICE OF WRIT WHERE JUDGMENT OBTAINED FOR AVANT OF APFEARANCE. IN THE HIGH COURT OF JUSTICE. Queen's Bench Division. Betwkkx a. B., &c. HILARY SITTINGS, 1895. Letter before action Instructions to sue Writ of summons Paid stamp .... Indorsement of particulars . Copy writ for service . Several attendances endeavouring to serve the writ, and making appointments to do so, and finally leaving copy writ .... (" Or such sum as the taxing officer shall think tit." See allowance for service in Appendix N.) Drawing affidavit in support of application for substituted service (at Is. per folio) Engrossing same (at 4d. per folio) Paid oath ...... Attending the Master therewith when order made for service by post . Paid order and filing affidavit Copy order and writ for service Service by post Affidavit of service Searching for appearance Paid fee ... . Drawing judgment Attending to enter Paid entering and filing affidavit of substituted service ...... Copy for office copy judgment (at id. per folio And marking (at '2(1. per folio) Copy order to keep .... Drawing bill of costs and copy for taxation (at Htl. per folio) Attending taxing . Letters, &c. (Agency 5s.) . Paid stamp on taxing . - 1 (5 1 G 1 - 12 G 8 6 G 8 G 8 - 5 - 1 - - 15 - -68 2 - 1 6 3 4 3 4 G 8 1 - G 8 3 - Q. B. D.-^Phiniijf's Costs.'] 253 JUDGMENT IN DEFAULT OF APPEARANCE AGAINST DEFENDANT, A BRITISH SUBJECT, RESIDING OUT OF THE JURISDICTION. IN THE HIGH COURT OF JUSTICE. Queen's Bench Division. Between, &c. HILARY SITTINGS, 1895. £ s. (1. £ s. (1. -08 - G 8 - G 8 Instructions for affidavit of plaintiff' in support of application for leave to issue writ against defendant, residing in (Calcutta) Drawing same (at Is. per folio; Engrossing (at 4^/. per folio) . Attending plaintiff swearing same . Paid oath - 1 6 Paid filing - 2 G Attending Judge with affidavit when order made Paid for order Copy order to file Instructions to sue Writ of summons Paid - 10 - Instructions for statement of claim Special indorsement Copy for service .... Preparing affidavit of service Writing agent (at Calcutta) with writ and form of affidavit for service, and instructing him to serve writ and return it with affidavit and note of service indorsed on writ - 3 6 Paid his charges. (Subsequent charges as in previous Bill, No. 3.) 1 - G 8 G 8 13 4 5 - 1 - 5 - JUDGMENT IN DEFAULT OF APPEARANCE AGAINST DEFENDANTS, NOT BRITISH SUBJECTS, RESIDING OUT OF THE JURISDICTION. HILARY SITTINGS, 1S95. Feb. 12. Instructions for affidavit of the plaintiff in support of application for leave to issue writ ...... Drawing same (folios 9) . . . . Engrossine: d. £ - G 8 - i) - - 3 - Q. II D.— Plaintiff's Costs.'] 254 Attending swearing ..... Paid oath Attending the Judge in Clianibers when he made an order subject to the writ being issued against the individual members of the firm of and Co., and not in the name of tlie firm Paid filing affidavit AYriting Dr. of Barcelona for the names of the partners - 1 G 2 G - G EASTER SITTINGS. April 18. Attending drawing of order giving leave to issue writ for service out of the jurisdiction ...... ]'aid fee on same . . . . . . _ 5 _ Copy order to keep on filing original Instructions to sue ..... Writ of summons and attending to issue Paid . . _ 10 - Instructions for statement of claim Special indorsement ..... Three copies for service .... Drawing and engrossing notice of writ (foreigners) (folios 6) . . . , Three copies for service .... Drawing and engrossing affidavit of service . Copy notice to exhibit to affidavit . 26. It appearing that only one of the partners resided in Spain, another in America, and a third in London, instruc- tions for affidavit in support of application for leave to serve defendant, P. S., with notice of writ at San Salvador, in America. Drawing same (folios 5) . . . . Engrossing ....... Attending plaintiff on his swearing same Paid oath _ 1 (; Attending the Judge in Chambers when order made Paid for the order and filing affidavit . Copy to keep on filing original Concurrent writ for America . Paid sealing ....... Drawing and engrossing notice of writ . The like affidavit of service .... Copy notice to exhibit to affidavit . Writing agent at New York therewith . Having been informed that defendant, P., might be found at No. , Old Jewry, con- current writ for service within the jurisdic- tion ........ Paid sealing _ 2 6 1 - G 8 G 8 3 4 5 - 3 - 4 _ G - 5 - 1 8 6 8 5 - 1 8 G 8 G 8 7 G ] G _ 8 2 G - 4 - - 5 - - 1 8 - 3 6 6 8 Q. B. D.—Flaintif's Costs.] 255 Copy writ for service Service of writ on him May 18. Having heard from Dr. F. that defendant L. had been served with process, writing him with amount of his charges Paid same 31. Searching for appearance of defendant I but none entered .... Paid Paid fihng affidavit of service Drawing judgment .... Attending signing .... Copy for office copy .... Paid signing and for office copy July 9. Attending searching for appearance by defendant B., but none entered Paid for search Affidavit of service .... Paid fihng ..... Drawing judgment, &c. (as at p. 252) . Aug. 2. Having heard from agent in New York that defendant, P. S., had been served with process, writing him with amount of his charges . . . . Paid his charges ...... Attending searching for appearance by him and charges for signing judgment (as before) Drawing bill of costs and copy for attending taxing ....... Paid taxing ....... Letters and messengers £ d. i> 8 8 4 10 1 - 5 - G 8 3 G - 8 G -10 3 4 - G 8 - G 8 1 G 2 G - 7 a 3 - - 6 - 3 Q. B. D.— Plaintiff's Costs.'] 258 Two copies of writ for entering Two copies of tlie affidavits (at Ad. per folio) Attending entering cause for trial . Paid Notice to defendant's solicitor of having entered the cause for trial . Xotice to produce copy and service (if given) Notice to inspect and admit (if given) xVttending defendant's solicitor on his inspect ing the documents .... Attending on his making admissions Attending inspecting defendant's documents Attending admitting his documents Copies of notices to inspect and admit (at Ad. per folio) ..... Note. — The last 7 items to be omitted in oases where the parties go to trial without such notices. Subpoena ad test. ..... Paid issuing ...... Copies for service (each Is.) . Writing plaintiff when to attend trial Instructions for brief (discretionary) Drawing same (at Is. per folio) Copying same for counsel (at Ad. per folio) Copy of the affidavits for counsel (at Ad. per folio) Attending counsel with brief . Paid his fee and clerk (discretionary) Paid him conference fee and clerk Attending conference .... Attending Court, cause heard, and judgment given for plaintiff (if the greater portions of the day, £2 25. ; if all day, £3 85.) Attending associate for certificate of iudtjment Paid Drawing judgment .... Attending signing .... Paid Office copy and markiug (at ijd. per folio) Drawing costs and copies (at M. per folio) Copy for defendants (at Ad. per folio) Notice of taxing copy and service . Attending taxing .... Paid taxing ...... J'aid witnesses (setting out the payments) Sittings' fee (In agency cases) letters, etc. . Charge close copies of the defendant's affi- davits and notices (if any). s. d. £ s. d. 2 - G 8 4 - - 5 10 6 7 (; 7 (5 (5 8 () 8 8 8 -08 3 G 13 4 G 8 13 A 1 - 3 A 3 4 G 8 4 - 13 4 15 - G - Q. B. D.— Plaintiff's Costs.'] 259 8. PLAINTIFF'S COSTS ON JUDGMENT FOR 40s. DAMAGES AND AN INJUNCTION. Between the Mayor, Aldermen and Burgesses of the Borough of , Plaintiffs, AND C. D., Defendant. TRINITY TERM, 1894. June 20. Letter before action Instructions to sue .... Writ of summons ..... Paid issuing Copy for defendant's solicitor Attending obtaining undertaking to appear July 1. Close copy notice of appearance . Instructions for statement of claim Drawing same ..... Paid preparing plan to annex Copy extracts from plaintiff's minute book with reference to the foreshore . Fee to ]Mr. B. to settle claim . Attending him Engrossing claim (at Ail. per folio) July 2S. Tracing and colouring plan to annex ...... Attending delivering .... Aug. 2. Attending consenting to extension of time for delivery of defence . Attending consenting to further extension on terms of defence being delivered in vacation as of August 12th . . . . . 14. Attending consenting to further exten- sion ........ 21. The like Terra fee (agency) MICHAELMAS TERM. Numerous attendances on and letters to defendant's solicitors as to taking judg- ment, eventually resulting in an arrange- ment that instead of our proceeding by motion for judgment, defendant would consent to an order being made by the Judge in Chambers on summons HILARY TERM, 1895. Jan. 12. Summons for liberty to sign judg- ment for 40s. damages with perpetual injunction and costs ..... - 10 - 1 11 G 2 4 G 15 - s. (I. 8 G (; H G 8 1 _ G 8 1 - 1:5 4 10 - 5 - G 8 3 4 G 8 G 8 G 8 6 8 1 - 1 1 3 - S2 q. B. D.— Plaintiff's Costs.'] 2G0 £ s. d. £ s. (I. Attendiug summons. Order made - 8 Order copy and service . . . . . - 5 - - 3 G Close copy - 1 - 28. Drawing sjjeciid jud G 1 - 2 - 14 - G 8 1 - G 8 8 4 G 8 12 _ 4 - 18 4 1 - 13. PLAINTIFF'S COSTS OF ACTION BY LESSOR AGAINST LESSEE ON A FOEFEITURE BY BREACH OF COVE- NANT TO REPAIR, RELIEF BEING GRANTED ON CONDITION OF THE REPAIRS BEING EXECUTED AND ON PAYMENT OF COSTS AS BETWEEN SOLICITOR AND CLIENT, INCLUDING SURVEYOR'S CHARGES.* In the Queen's Bench Division. Between A. B., Plaintiff, AND C. D. and Others, Defendants. 1893. April 25. Attending the plaintiff advis- ing him as to the dilapidations, and taking his instructions ...... Perusing lease of the premises (folios 30) Fair copy thereof 21). Attending plaintiff's surveyor instruct- ing him to survey and make a schedule of the dilapidations £ d. £ 5. d. G 10 10 - G 8 * Surveyor's charges should be inserted at the end of the Bill, and will be taxed by the Master and allowed where he thinks them reasonable. Q. B. D.—PlainUff's Costs.'\ 2G7 May 28. Drawing notice of dilapidations (folios ?,) ...... Fair copy thereof in duplicate Copy schedule of dilapidations for service (folios 100) . . . . _ . Attending serving notice of dilapidations and indorsing service in duplicate 181)4. Jan. 10. Writing the defendant (original lessee) that proceedings would be commenced ...... Attending obtaining the names of the under tenants with a view to making them defend- ants. (Engaged 2 hours) .... 1 l;5 -i -08 13 4 EASTER SITTINGS. May 29. Instructions to sue .... "Writ of summons, copy and attending to issue Paid sealing .... Twelve copies of writ for service Service on each defendant Mileage (at per mile) Numerous attendances at residence of defend ant L. to eifect service of writ, and obtaining information to ground application for sub- stituted service ...... May 31. Service of writ on each defendant and indorsing service ..... June ;"). Drawing affidavit in support of application for order for substituted service on 3 deieudants (folios 21) Engrossing affidavit (folios 24) Copy writ to exhibit Paid oath and exhibit . Paid filing affidavit Attending Master for order, when he granted same ..... Paid for order Copy for service on defendant L Copy writ for service with copy order on ditto Copy order for service on each other defendant Copy writ for service on ditto G. Letters, &c - 10 -26 -26 G 8 G 8 12 - 5 - 1 - - 15 - - G - 1 - 1 - 1 - 1 - 3 TRINITY SITTINGS. 20, Instructions for statement of claim Drawing same (folios 24) Attending counsel to settle . Paid counsel's fee and clerk . Copy lease to accompany (folios 30) Copy plan thereon Copy writ 2 4 G - 13 4 1 4 - - G S - 10 - - 2 (; - 1 - for aj^pcnrance (each Q. B. D.— Plaintiff's Costs.'] 208 Copy notice and schedule of dilapidations (folios 107) July ;>. Drawing and engrossino- artjdavit of service on the first 12 defendants (folios 12) Paid oath ....... Paid filing ....... Attending searching defendant) Paid searches ...... Drawing judgment against the first 12 defendants. ...... G. Attending to enter ..... Paid entering. 8. Fair copy statement of claim for printers (folios 2-t) Examining and correcting proof . Paid printer's bill ...... Copy claim for service on defendant E. . Copy claim for service on defendant S. 10. Attending delivering claim at ]\Ir. 's, solicitor for defendant E. Attending delivering claim to solicitor for each other defendant .... 10. Attending solicitor for defendant E., consenting to 7 days' further time for defence ....... July 18. Attending solicitor for each other defendant, and consenting to extension of time for defence Aug. 2. Perusing defence of defendant E. 8. The defendant E. having served a sum- mons for relief under the Conveyancing Act (1881), drawing and copy instructions to counsel to attend same . Copy claim to annex (folios 24) Copy defence (folios 7) . Copy summons (folios 3) Copy affidavit of defendant E. in support of summons (folios 10) . Attending counsel with brief and papers Feed to counsel and clerk Paid defendant's solicitor for copy afiidavit of defendant E. (folios 10) Perusing same (folios 10) y. Attending summons of defendant E same adjourned until November 1st . Term fee Oct. 4. Attending solicitor for defendant E., and arranging that plaintiff's, surveyor should inspect the works .... "Writing solicitor for defendant E. that the plaintiff's surveyor would inspect the premises in company with the defendant's surveyor if desired ..... d. 1 2 6 - 19 - 2 4 6 -34 £ s. 1 i:. - 10 3 4 - 8 - - 4 - - 4 - - 4 - -34 -34 -08 (5 8 8 8 2 4 1 - -34 - 8 - 15 - 3 6 Q. B. D.— Plaintiff's Costs.'] 209 £ .s. d. £ s. d. 8 3 4 G 8 3 G Oct. 10. Writing the plaintiff's surveyor instructing him to survey the repairs in company with Mr. , the defend- ant's surveyor ...... - 3 6 20. Attending the plaintiff's surveyor on his calling in long conference, and arranging to let him have a copy of the affidavit of defendant E., which alleged that nearly all the work had been done .... Copy affidavit of the defendant E. accord- ingly (folios 10) 22. Attending solicitor for defendant E., consenting to summons standing over on terms ....... AVriting plaintifJ"s surveyor that appointment to inspect must stand over for a short time 23. Attending plaintiff's surveyor on his calling informing him that the reason of the appointment being postponed was in conse- quence of the defendant P]. having proposed to purchase the interest of the defendant S. in the premises ...... - 3 6 "Writing solicitor for defendant S. inquiring what arrangements had been made with regard to the costs as against E. . . - 3 6 MICHAELMAS SITTINGS. Oct. 24. AVriting solicitor to defendant S. in reply that we could not consent to further extension of time until we had an under- taking from the defendant E. to pay our costs or judgment against the defendants . - 3 G Nov. 10. Writing solicitor for defendant E. whether works were completed so that the plaintiff's surveyor could inspect same before the hearing of the adjourned sunmions ....... - 3 6 12. Writing plaintiff's surveyor instructing him to report what works were outstanding, so that we could exhibit his report to an affidavit by him to be used on the hearing of the adjourned summons .... - 3 G 13. Attending plaintiff's surveyor on his handing us letter received from the defend- ant's surveyor, and instructing him to in- spect the premises on the 14th instant . - G 8 14. Instructions for affidavit of the plaintiff's surveyor ........ - G 8 Drawing same (folios 8) . . • • - 8 G Fair copy thereof fur his appruval (folios M) . - 2 S 15. Attending plaintiff's surveyor on his calling, when he informed us he had in- Q. B. D.—Pkiinfiff's Costs.} 270 d. £ s. d. spected the premises, and tliat it would cost £ to complete the repairs, and he re- turned draft affidavit approved . . - 6 8 Engrossing: affidavit of plaintiff's surveyor (folios 8) - 2 8 ^Marking -i exhibits _ 4 _ IG, Attending defendant's solicitor in long conference hereon, when he offered to pay £ into Court if repairs allowed to stand over for another month, and arranging to make up costs and surveyor's fees to date for him -08 18. Attending plaintiff's surveyor on his deposing to affidavit ..... - 6 8 Paid commissioner . . .-16 Instructions to counsel to attend adjourned summons ....... - G 8 Fee to him and clerk with further papers .13 Attending him - 3 4 Copy affidavit of plaintiff's surveyor for counsel (folios 8) - 2 8 Copy schedule of dilapidations outstanding on May 25th, 1894 (fohos GO) ... 1 - - Copy schedule of November 14th, 18',)4 (folios 24) - 8 - Copy report of plaintiff" 's surveyor of November 14th, 18i)4 (folios :>) .... - 1 8 Paid filing affidavit of plaintiff"s surveyor t - 2 G 20. Attending adjourned summons, when same further adjourned until January 10th, defendant undertaking to do all the works with the exception of ... - 8 Writing plaintiiT informing him thereof. . - 3 6 Attending plaintiff's surveyor discussing the cost of re-erecting the building which the defendant allowed to fall down ... - 8 21. "Writing the defendant's solicitor that we thought & would be accepted, and to inform us when the £ were paid into Court ....... - 3 6 22. Attending defendant's solicitor on his producing receipt for the £ paid into Court, and discussing the question of the erection of the building ... . - 8 25. Attending plaintiff's surveyor on his calling, conferring as to whether the sur- veyors should meet, and informing him we proposed to endeavour to arrange the matter without referring it to the President of the Institute of Surveyors ... - 6 8 20. Writing the defendant's solicitor in reply that £ would be accepted in lieu of the re-erection of the building ... - 3 6 Dec. 1. Attending plaintiff's surveyor on Q. B. D.— Plaintiff's Costs:] 271 £ s. d. £ letter received by him from the defendant's surveyor on the question of the shed beint; referred to the President of tlie Surveyors' Institute, and he advised that the surveyors should meet on the premises, and he would write to the defendant's surveyor to that etfect - 6 8 AVriting plaintiff's surveyor in reply that the question of the shed was expressly referred to the President of the Surveyors' Institute, and that we would forward him a copy of the order - 3 G Writino; to defendant's solicitor suggesting that the President of the Institute of Surveyors should meet the respective surveyors on the premises ....... - 3 6 5. Writing plaintiff's surveyor acknowledg- ing receipt of copy letters from President of Surveyors' Institute and defendant's sur- veyor, and that we would write the defendant's solicitor ~ '^ *i Writing him accordingly .... -30 10. Writing defendant's solicitor in reply hereon, and that we proposed to attend the President with the lease of the premises . - 3 G Waiting the plaiutift"s surveyor on the ques- tion of the building, and as to his writing the defendant's surveyor and the President - 3 G Term fee - 15 - 28. Writing plaintiff's surveyor acknow- ledging receipt of cheque for £ paid by defendant in heu of re-erecting shed, and enclosing form of receipt to be given . -30 30. Writing plaintiff" informing him of the payment of the £ and thereon . - 3 1895. Jan. 2. Writing defendant's solicitor for appointment for plaintiff's surveyor to inspect premises, so as to have his report on the hearing of the adjourned summons on the 10th instant - 3 5. Writing defendant's solicitor suggesting adjourning summons until the lOth instant, so that the work might be completed before summons was heard ..... - 3 0. Writing plaintiff's surveyor in reply that it would be better to make survey on the l-ith instant, as we wished to take a final order on the 10th instant .... - 3 Writing defendant's solicitor to the like effect - 3 7. AVriting plaintiff's surveyor in reply in- structing him to inspect the premises to-day - 3 AVriting defendant's solicitor in reply inform- ing him thereof - 3 Q. B. D.— Plaintiff's Costs.'] £ s. (I. £ s. d. 9. Attending plaintiff's surveyor on his reporting that he had inspected the premises, and tluit works had been completed with a few slight exceptions .... - G 8 HILARY SITTINGS. 11. Having received letter from the defendant's solicitor stating tliat the plaintiff 's surveyor was satisfied with the work, attending plaintiff's surveyor on letter received from the defendant's surveyor, and instructing him as to replying thereto ..... - G 8 15. Instructions to counsel to attend adjourned summons ..... -08 Copy affidavit of defendant of November iStli, 1894 (folios 8) - 2 8 Attending counsel ..... - G 8 Fee to him and clerk . . . . .246 Attending plaintiff's surveyor on his reporting result of his survey to-day .... - 6 8 IG. Attending summons before Judge in Chambers, when order made for relief, action to be dismissed on payment of the plaintiff's costs against 14 defendants, to be taxed as between solicitor and client, to include such surveyor's fees as the Taxing Master con- siders reasonable, costs as taxed to be paid within 7 days from date of taxation. £ paid into Court to remain until after payment of taxed costs, otherwise pos- session. Liberty to apply, fit for counsel . - 6 8 "Writing the plaintiff' reporting result of order Jan. 18. Writing defendant's solicitor as to account of surveyor's fees .... Copy surveyor's account for defendant's soli- citors ffolios 80) ..... Copy for Taxing Master (folios 30) Drawing costs and copy for taxation (folios 59) Copy for defendant's solicitor (folios 59) Notice of taxing, copy and service . Attending taxing Term fee ...... . Letters, &c. ....... J*aid surveyor's charges. .... 3 6 3 6 10 _ 10 - 19 4 19 8 4 - 15 _ 1 - Q. B. D.~Plaintiff 's Costs.'] 273 U. PLAINTIFF'S COSTS OF ACTION AFTER JUDGMENT BEFORE MR. JUSTICE , WITHOUT A JURY. JUDGMENT FOR £50. ACTION FOUNDED ON TORT. Between, &c. HILARY SITTINGS, 1895. £ s. d. Feb. 20. Letter before action Instructions to sue .... Preparing writ of summons and copy and attending to issue .... Indorsement of claim .... Paid issuing ...... Copy writ for service .... Service thereof on defendant at (charge mileage after 2 miles) . 28. Affidavit of service .... Paid oath ...... March IG. Instructions for statement of claim ...... Drawing same ..... Attending counsel to settle . Paid his fee and clerk .... Copy statement of claim for service Attending to deliver same 28. Attending defendant's solicitor, giving him consent to 10 days' further time in which to deliver his defence April 5. Perusing defence 9. Instructions for reply Drawing same and copy Attending to deliver same Drawing notice of trial, and copy and service thereof Attending entering action for trial Paid Two copies pleadings for associate and Judge (folios 38 in all) .... Drawing and copying instructions to counsel to advise on evidence Attending him therewith Paid his fee and clerk .... Sittings' fee - 10 - 1 6 2 4 6 2 - - 13 G d. 6 8 £ s. - 3 - 6 - 6 - 5 - 1 - - - 5 - - 13 4 - 10 — - 6 8 - 2 4 - 3 4 - 6 8 - 6 8 - G 8 - 3 4 - 4 _ - G 8 12 8 2 4 6 - 15 - EASTER SITTINGS. May 3. Two subpoenas ad test, and attending to issue ....... Paid issuing ....... Copy for service on witness A. B. . Service thereof on him at — and mileage J.C. - 10 - 13 4 - 1 - - 8 - T Q. B. D.— Plaintiff's Costs.'] '214. Copy for service on witness S. P, . Service thereof on him at Deptford and mileage ...... Copy for service on witness S. Service thereof on him at and mileage ...... Copy for service on witness J. Service thereof on him at (same place) . Attending the plaintiifs instructing them as to their attendance Attending 2 witnesses arranging for their attendance on the hearing without subpoena (). Drawing notice to produce copy and service ...... The like notice to inspect and admit Attending defendant's solicitor on his inspect ing documents set out in plaintiifs notice 10. Perusing defendant's notice to produce Attending during sittings searching cause list Attending defendant's solicitor on his calling when he asked us to consent to the action standing out of the list till the May, as J\rr. , Q.C., was away. Signing consent accordingly Copy consent to keep ..... 14. Instructions for brief, including corre- spondence, with attendances on plaintiffs and G witnesses, attendance at and instructing photographer to take £ d. photographs, perusing correspondence, &c Drawing same (folios 70) Pair copy for counsel .... Copy of the following document to accompany :- Pleadings (folios 19) . Plaintiff's notices to produce and inspect and admit, and defendant's notice to produce Correspondence (folios 18) . Attending j\rr. with brief and papers .... Paid his fee and clerk . Attending appointing conference Paid conference fee Attending conference . 21. Attending searching cause list, and found action sixth in list for to-morrow Preparing and attending despatching telegrams to plaintiffs and G witnesses to attend Paid telegrams .... 22. Attending Court action in paper, but not called on . 23. Attending searching causelist, and found action in for to-morrow 24. Attending Court, action called on and heard, when ]\Ir. Justice gave £ s. - 1 - 1 - 10 1 6 - - G - 15 1 5 - G 7 6 7 6 G 8 (; 8 G 8 - G - 1 ;> 3 10 1 3 - G - 7 - G - G - 3 4 - 13 4 - 3 4 - G 8 - 10 - - 3 4 Q. B. D.— Plaintiff's Costs.'] •>iO £ s. d. £ judgment for plaintiffs for the full amount claimed, and certified the action as one founded on tort . 27. Attending associate for certificate for judgment .... Paid for same Drawing judgment Attending to enter Paid and for office copy and making copy to file . Drawing costs and copies (folios 18) Attending obtaining appointment to tax Notice thereof, copy and service Attending taxing . Sittings' fee . Paid photographer's bill Paid witnesses 2 2- -34 -34 -68 - 1 - - 18 - - 3 4 - 4 - - 13 4 - 15 - 15. ACTION FOR DAMAGES. JUDGMENT ON VERDICT FOR PLAINTIFF. SPECIAL JURY. DISCOA^ERY OF DOCUMENTS AND INTERROGATORIES. 1894. No. IN THE HIGH COURT OF JUSTICE. Queen's Bench Division. Between A. B., Plaintiff, AND C. D., Defendant. HILAilY SITTINGS, 1894. Letter before action Instructions to sue Writ of summons . Paid . Copy to serve Attending obtaining undertaking to appear Instructions for statement of claim Drawing same ..... Fee to counsel to settle .... Attending him Copy to serve (at 4,d. per folio) Attending to deliver .... Attending giving consent for time for defence Attending summons for time for defence, order made ...... Sittings' fee d. £ K) 4 G s. d. h G G 8 8 1 _ G 8 13 4 10 - G 8 3 4 G 8 G 8 15 - T 2 Q. B. D.— Plaintiff's Costs.'] 27(5 EASTER SITTINGS, 1894. Attending summons for time for defence order days peremptory (t.s. Hd. costs plaintiffs in any event ..... Attending defendant's summons for par ticulars, order made .... Drawing particulars and copy particulars to deliver (at 8^/. per folio) Attending delivering particulars . Perusing defence . . . ' . Summons for discovery, copy and service Attending to pay £5 into Court . Paid stamp ...... Copy l)ank receipt to serve . Attending summons for discovery, order made Paid order copy and service ... Attending giving consent for time for defend- ant's discovery ..... Attending defendant's summons ibr discovery order made ..... Attending to search if defendant's affidavit of discovery filed . Paid for copy ..... Perusing same (at id. per folio) . Notice to produce documents under defend ant's affidavit of discovery Attending inspecting documents scheduled to defendant's affidavit (at C>s. Sd. per hour) Attending obtaining consent for time for filing affidavit of discovery. Attending obtaining consent for time to reply Instructions for affidavit of discovery . Drawing same (folios , at Is. per folio) Engrossing (at id. per folio) . Attending deponent to be sworn Paid oath .... Paid filing .... Attending to file . Notice of filing copy and service Instructions for reply . Drawing same (at 5s., or Is. per folio) Fee to counsel to settle . Attending him Copy to serve (at Ad. per folio) Attending to deliver Notice of trial, copy and service Summons for special jury and for interro gatories, copy and service . Instructions for interrogatories Drawing same (at Is. per folio) Fee to counsel to settle . Attending him Copy to serve with summons (at id. per folio) d. £ s. d. - G 8 - G 8 - 3 - 1 - - 5 - -34 - G 8 -76 - G 8 - 1 - - G 8 - 3 G - G 8 - G 8 -34 - 4 - G 8 G 8 G 8 1 2 G G - 3 4 - 4 - - G 8 - 5 - 1 3 G - 3 4 - 3 - 2 4 G 4 - G 8 - G 8 Q, B. D.— Plaintiff's Costs.'] 277 Copy for the Master (at 4 G 8 13 4 4 - 10 - 2 — 6 8 6 8 6 8 Q. B. D.— Plaintiff's Costs.'] 280 June 28. Attending adjourned appeal summons for further and better particulars of breaches, when the Judge made an order directing that the phiintilf should insert in the particulars of breaches the various heads of the claims and specifications on which he intended specially to rely .... Instructions to amend the particulars of objec- tions ........ Drawing amendments ..... Paid fee to INIr. to settle and clerk . Attending him ...... Attending the defendant's summons for further time to deliver defence, when the same was abandoned ...... July 4. Inserting the amendments in a print of the particulars of objections . Attending to deliver 27. Attending defendant's summons for further time to deliver defence, when same adjourned till to-morrow .... 28. Attending adjourned summons, order made for Ki days on defendant's paying plaintiff's costs ...... Aug. i). Attending defendant's solicitors, giving them consent until Wednesday next for them to deliver defence 9. Perusing defence .... Demand for additional copies of the defence copy and service and attendance for same Paid for same ..... Perusing notice and particulars of objections Demand for additional copies, copy and service and attendance obtaining the same Paid Attendance at the Patent Office, bespeaking copies of the specifications referred to in the notice of objections, and afterwards for same ........ Paid Oct. 10. Preparing and issuing special summons for further and better particulars of defendant's objections, copy and service . Notice that we should attend by counsel, copy and service ...... Preparing instructions to counsel to attend IMaking a copy of the summons to annex Paid fee to i\Ir. , with brief and clerk Attending him ...... Attending the summons for further and better particulars, same adjourned until Tuesday next ........ Hit,'hei- S. d. Scale. £ s. - 13 4 - 18 - G - G -20 -82 G 1!) G 2 4 6 -68 — T) — -68 -68 -68 6 13 - 13 4 - l; - 16 2 - 4 - - 10 - _ 9 _ 6 8 - 6 Q, B. D.— Plaintiff's Costs.] 281 Higher Scale. S. it. £ S. Oct. 31, Attending the summons for further and better particulars, when a special order was made on terms. Costs in the action, fit for counsel - G 8 Attendance for order copy and service . . -112 Paid stamp . . . . . . . - 5 - Sittings' fee - 1 .j - MICHAELMAS SITTINGS. Nov. 12. Perusing interrogatories to be answered by the plaintiff .... - 13 4 18. Instructions for affidavit in answer to the interrogatories ..... - G 8 Drawing the same (folios 8) . . . . - 8 - 20. Paid to Mr. to settle and clerk . 2 4 G Attending him ...... - G 8 22. Attending defendant's summons for further time to deliver amended particulars, order made for 10 days .... - G 8 30. Attending obtaining further time to file affidavit in answer to the interrogatories . - 6 8 Dec. 1. Perusing amended particulars delivered by the defendants ... - G 8 Engrossingaffidavit in answer to interrogatories - 2 8 Making copy of affidavit for printer . . - 2 8 Examining and correcting proof ... - 1 4 Paid printer's charges . . . . . - 12 - Instructions for reply ..... - 1 3 4 Drawing the same . ..... - 10 - Paid fee to Mr. to settle and clerk . 2 4 G Attending liim ...... - G 8 Engrossing reply ...... - 2 - Attending to deliver ..... - G 8 22. Attending the plaintiff being sworn to affidavit in answer to interrogatories , . - G 8 Paid oath - 1 G Paid filing - 2 G Notice of filing copy and service ... - 4 - Making copy of affidavit to mark as office copy - 2 - Attending obtaining the same ... G 8 Paid marking . . . . . .-14 1892. Jan. 2. Demand for additional copies of the defence of the company and their notice of objections, and attending obtaining the same ....... Paid 14 7 Notice of trial, copy and service ... - 4 - S. Making 2 copies of statement of claim on setting down the action for trial (folios 9 each, at 3^/. per folio) .... The like particulars of breaches (folios G each) Inserting the amendments in the 2 prints Making 2 copies of defence (folios 7 each) 4 6 3 - G 8 3 G Q. B. D.—riainfiff's Costs.'] 282 The like C. D., particulars of objections (folios 28 each) .... The like reply The like interrogatories for the examination of the ])laintiir (folios G each) . The like affidavit in answer to interrogatories (folios 8 each) ...... The like notice of trial ..... The like writ Attending entering the cause for trial Paid On receipt of summons for defendant to inspect plaintiff's manufactures, notice that we should attend by counsel, copy and service . Instructions to counsel to attend . ]\Iaking a copy of the summons to annex Paid fee to Mr. , with brief and clerk Attending him ...... 4. Attending the summons, engaged 3 hours, when Judge refused application, fit for counsel 5. Attendances at the Patent Office be- speaking and afterwards obtaining copies of the United States specifications . Paid for same ...... 9. On receipt of notice of appeal from refusal of Judge to grant an inspection to the defendants of the plaintift''s works, drawing brief to counsel to oppose same, and 2 copies thereof .... The like notice of motion to accompany . The like summons and Judge's order Paid fee to Mr. , Q.C., with i)rie and clerk ...... Attending him ..... Paid consultation fee to him and clerk . Attending him ..... Paid fee to Mr. , with brief and clerk ...... Attending him ..... Paid consultation fee to him and clerk . Attending him ..... 10. Attending consultation . Sittings' fee . Higher 6". d. 4 G 1 G 10 - Scale. £ s. - 14 - 4 - 3 - 4 - 2 - 4 - 6 - 4 - 10 - 2 - 6 13 4 13 4 1 - - - G - - 12 — - 13 4 - 6 8 6 8 G 13 15 HILARY SITTINGS, 1892. Jan. 10. Attending Court all day on the appeal for leave to inspect, but same was not reached ...... Perusing copy affidavit of the defendant's scientific engineer in support of the motion to inspect (folios 7) . Making 2 copies thereof for counsel - 13 4 - 2 - 4 - 1 G - Q. B. D.—Plainliff's Costs.] 283 Instructions for affidavit of Mr. in answer to the above affidavit Drawing the same (folios 7) . Paid fee to Mr. to settle and clerk Attending liim ..... 11. Engrossing the affidavit . Attending to be sworn .... Paid oath Making a copy of the affidavit to mark as an ottice copy Attending filing the affidavit and obtaining copy marked as an office copy Paid filing Paid marking office copy Notice of filing copy and service . Making a copy for the defendant's solicitors Making 2 copies for counsel . 19. Summons for discovery, copy and service Attending the summons for discovery, order made ...... Paid for order, copy and service* . 24. Attending summons for further time to file defendant's affidavit of documents Feb. 9. Demand for copy of the defendant's affidavit of documents, copy and service Paid for same (folios 24) Perusing the affidavit .... 20. Attending defendant's solicitors, con- ferring with them wath reference to translation of the documents referred to in their notice of objections, and they left with us a proof print for perusal 21. Examining and correcting the translation March 13. Drawing brief to counsel to oppose the defendant's motion on appeal against judgment of the Divisional Court refusing leave to inspect the plaintiff's works ....... Making 2 copies thereof .... The like notice of motion (folios 7 each) The like the judgment of the Divisional Court (folios 20 each) Paid fee to Mr. ■, Q.C., with brief and clerk . . . . . . . 5 10 - Attending him ...... Paid fee to J\Ir. , with brief and clerk 3 5 G Attending him ...... Attending Appeal Court, when an arrangement for inspection was come to, but inspection not to take place at plaintiff's works, costs in the cause ...... Highei S. d. Scale. £ .V. (1. _ G 8 _ 7 _ 3 G - G 8 - 2 4 - G 8 G 8 2 6 1 2 4 - 2 4 4 8 13 2 13 4 4 6 - G 8 8 - G 8 1 1 - 13 - 4 - 13 - 13 4 - G 8 1 1 - * Attending lodging security, and subsequently taking the £5 out of Court, should be charged as in Bill No. IS, p. 290. Q. B. D.— Plaintiff's Costs.'] 284 Higher Scale. 1 1 - Attending bespeaking order .... _ (j 17. On receipt of notice of inspection from defendant's solicitors, attending making arrangements for tlie inspection to take place at the plaintiff's office ... - 6 19. Attending inspection over 2 hours, when further inspection adjourned ... l i Attending searching cause list ... - 13 Sittings' fee ...... . - 15 EASTER SITTINGS. April ;5. Instructions to counsel to advise on evidence ....... Paid fee to Mr. therewith and clerk 5 10 - Attending him - 13 4 Preparing and issuing 2 subpoenas ad test. . - 13 4 Paid stamps . . . . . . . _ lo - 5. Attending defendant's solicitors as to amending their notice of objections, and they were to communicate with us after seeing their counsel to save, if possible, an application to the Court .... _ (j g 11. Writing the defendant's solicitors that we had arranged an appointment for further inspection to-morrow _ 3 g 12. Attending further inspection ... 11- IG. Attending defendant's solicitors in confer- ence with reference to the translations of the various documents .... _ g g Copy and service of subpoena on the solicitors to the Treasury for the attendance of - / - 20. Instructions for brief, involving numerous attendances at the Patent Office perusing specifications of a great number of patents, and payments for copies and searches . . 84 Drawing same, including proofs of the witnesses (folios 2(;8) .... Making 2 copies thereof for counsel The like writ . . The like statement of claim, prints(folios !) each) The like particulars of breaches (folios O each) Inserting the amendments in the prints . Making 2 copies defence (folios 7 each) . The like his particulars of objections (folios 28 each) _ 14 _ The like interrogatories for examination of the plaintiff (folios 7 each) ... _ 4 g The like affidavit in answer (folios 8 each) . - 5 4 The like reply ...... _ 4 _ The like defendant's affidavit as to documents (folios 24 each) _ IC - The like defendant's particulars delivered under order of October, 1891 (folios G each) - 4 - 13 8 8 18 - 4 - 4 _ ?, - 10 - 4 Q. B. D.— Plaintiff's Coals.] 285 The like order of the Appeal Court to inspect models The like 3 opinions of Mr. (folios GO each) The like diagrams ..... The like documents relating to the title to the plaintiff's patent (folios 24 each) The like the American patents referred to in the defendant's notice of objections (folios 200 each) The like diagrams .... The like memo, as to inspection of the defend ant's models ..... May 1. Instructions to counsel to oppose de fendant's application to postpone the trial Paid fee to Mr. therewith and clerk Attending him Attending Court when the application made by defendant's counsel and refused Paid fee to Mr. , Q.C., with brief and clerk Attending him .... Paid consultation fee to him and clerk Attending to appoint consultation . Paid fee to Mr. , with brief and clert Attending him .... Paid consultation fee to him and clerk Attending him .... Attending consultation 2. Copy and service of subpoena on — The like -4 other witnesses (76-. each) 4. Searching cause list ; case stood paper for to-morrow . Writing plaintitf, and preparing and despatch ing telegrams to 4 witnesses Paid telegrams ..... o. Attending Court all day, case part heard and adjourned ..... Attendance of clerk with witnesses G. Paid refresher fee to Mr. , Q.C (second day) .... Attending him ..... Refi'csher to Mr. . Attending him ..... £ Higher Scale. cl. £ s. iL - 4 - 2 - - 1 - - - IG - first Attending Court all day, case part heard and adjourned ...... Attendance of clerk .... 7. Paid refreshers and attendances same as day before (third day) 8, 9, 12. Refreshers and attendances as before Paid for looking after models, Ike. . Preparing list of the plaintitf 's and defendant's exhibits, and reference to them in printed 2 4 C 110 82 10 1 3 G 11 5 10 1 10 13 4 - 4 - 10 - G 8 - i; 2 2 - G 8 2 2- - G - 13 - i 1 8 - 1; 3 - 13 4 - (; 8 10 6 - 10 G Q. B. D.—PIniniiff's Costs.] 286 proceedings at the trial, making copies thereof for the Judge and counsel . Attending counsel appointing consultation Paid Mr. , Q.C., consultation fee and clerk Paid ^Mr. consultation fee and clerk 21. Attending searching list, and found case stood first in list for to-morrow morning AVriting to plaintilt' informing him Sittings' fee TRINITY SITTINGS Paid sittings' refresher to Mr. , Q.C and clerk ...... Attending him ..... Paid sittings' refresher to Mr. — and clerk ...... Attending him 22. Attending consultation . Paid refresher to 'Mr. , Q.C, and clerk ...... Attending him ..... and clerk Higher Scale. d. £ S. day, case concluded Paid refresher to ]\Ir. - Attending him Attending Court all judgment reserved Clerk's attendance .... Paid Court-keeper taking care of models, &c. for fortnight ..... Paid Court fees, ushers, &c. . 2',t. Preparing instructions to counsel to attend judgment, making 2 copies thereof Paid fee to Mr. , Q.C, therewith and clerk ...... Attending him ..... Paid fee to Mr. ■ , and clerk Attending him ..... Attending Court when judgment given for plaintiff June 1 . Attending at the associates obtaining certificate of judgment Paid for same ..... Drawing judgment .... Attending to sign Paid Paid I'or office cojjy .... Drawing this bill of costs and copy (folios ) Attending for and obtaining appointment to tax ..... Notice of taxing copy and service Attendances on taxing . Drawing and engrossing affidavit of increase (folios 21) ...... 2 4 11 5 10 10 15 10 1 - 2 2- - 13 4 - G - lb - 13 - 13 3 3 - 10 -08 - 6 - 13 - 13 ■i - 8 1 1 - - 8 - 6 - 6 8 8 -40 -68 - 4 - 2 2- 1 1 - Q. B. D.— Plaintiff's Costs.] 287 Attending to be sworn .... Paid oath ...... Paid filing ...... Attending to file ..... jMaking a copy for defendant's solicitors Sittings' fee . Postages, carriage, and transmission of docu ments, &c. ..... Paid the witnesses .... Higher Scale. . d. £ s. - G 1 C 2 d. 8 8 - ]:> - 3 3- 17. ACTION BY A VESTRY AGATXST THE COUXTY COUNCIL TO MAKE GOOD A DEFICIENCY IN THE POOR RATE CAUSED BY THE COUNTY COUNCIL TAKING POSSESSION OF LAND, &c., UNDER STATU- TORY POWERS. HIGHER SCALE. Between The Vestry of the Parish of , Plaintiffs, AXD The County Council, Defendants. HILARY SITTINGS, 1895. March 10. Instructions to sue , . . Specially indorsed writ of summons and copy to file ...... Paid Mr. to settle and clerk . Attending him Paid issuing writ ..... Copy writ for service on the clerk to the defendants ..... Service thereof ..... Instructions for special case . Drawing same (folios 30) 14. Paid Mr. to settle special case and clerk ...... Attending him ..... Fair copy for approval .... "Writing defendants' solicitor with same, and attending him thereon Perusing alterations made by him Paid Mr. to resettle special case as altered by defendants' counsel and clerk Attending him ..... Fair copy case as altered £ Higher Scale. s. d. £ s. d. *2 2 - 1 1 - 10 h (5 G 8 -2 9 G 10 - G - 10 - G - 10 * These charges have been allowed by the Taxing Master under the power given him by Order 65, Rule 27 (1). Q. B. D.—riaintiff's Costs.'] 288 19. Attendin copies for counsel of compounding agreements as to rate discounts claimed by the County Council ..... Making copy for defendants' solicitor . Paid defendants' solicitor for copy orders of Home Secretary modifying scheme and plan Paid fee to Mr. , Q.C., with brief and clerk . Attending him therewith Paid fee to J\Ir. with brief and cler Q.C, and Attending hiui therewith Paid consultation fee to Mr. and clerk ..... Attending him .... Paid consultation fee to ]\Ir. clerk Attending him .... Attending consultation . Attending Court, special case in list not reached 18. Attending Court, when same heard Attending bespeaking and taking up order £ Higher S. d. 1 10 - 2 k; 10 1 1 Scale. £ S. - G - G 8 - 1(1 - - 5 - - 10 - - 10 - - G 8 - G - 7 - G - 4 1 2 - 18 2 2 - 14 - 4 - 13 - J 8 - G - 13 - 10 1 1 - G 2 2- _ 2 - 1 G 8 Q. B. D.— Plaintiff's Costs.'] 280 Higher Scale. £ s. d. £ s. June 1). Paid for order .... 1 - - Makiup; copy thereof for service _ 2 Service tliereol' _ 2 Drawing bill of costs and copy - 15 Notice of taxing, copy and service - 4 Attending taxing - 13 Term fee ... . - 15 18. PLAINTIFF'S COSTS OF ACTION FOR PERSONAL INJURIES BY BRITISH SUBJECT AGAINST FOREIGN RAILWAY COMPANY HAVING A BRANCH OFFICE AND CARRYING ON BUSINESS IN LONDON. COM- MISSION FOR TAKING EVIDENCE OF WITNESSES IN SOUTH AMERICA AND PROOF OF FOREIGN LAW IN THIS COUNTRY AS A FACT, BY FOREIGN WITNESSES RESIDENT IN ENGLAND. Between A. B., Plaintiff, AND The B. A. Railway Company, Ld., Defendants. MICHAEL BIAS SITTINGS, 1893. £ Sept. 25. Letter before action Instructions to sue .... 26. Writ of summons, copy and attending to issue ...... Indorsement of claim .... Paid sealing - 10 Copy for defendants .... Attending defendants' solicitors for and obtain ing undertaking to appear Oct. 1. Instructions for statement of claim Drawing same ..... Attending counsel to settle . Paid his fee and clerk 2 4 Nov. 5. Copy thereof for service . Attending to deliver .... 16. Drawing consent for 10 days' time for defence and copy to keep, and writing defendants' solicitors in reply therewith 24. Drawing consent for 7 days' further time for defence, and writing Messrs. A. therewith 30. Attending Messrs. A., when they asked for further time for defence, and I gave them 7 days Dec. 20. Attending summons for time for defence, order made for 14 days Sittings' fee J.C. e s. d. - 3 6 - 6 8 - 8 - - - 1 - - 6 8 - 13 4 - 10 - - 6 8 -34 -08 -68 - 6 R - 8 - 15 - U Q. /;. T).—PJaintitrs To.s/s.] 290 HILARY SITTINGS, 1894. Jan. 11. Atteiulintj defendants' summons fur time adjourned to be heard with their summons for particulars of claim, with stay in meantime ...... Drawiuj; and copy instructions to counsel to oppose summons for particulars Copy summons to accompany 12. Attending Mr. C. therewith Fee to him and clerk ..... 13. Attending summons for time for defence, when same adjourned till to-morrow . Attending summons for particulars, when same adjourned till to-morrow at 1.30, as defend- ants' counsel could not attend 14. Attending summons for time for defence, order made for 4 days . . . . Attending summons for particulars, order made plaintiff to deliver copy of plan to defendant in 4 days . . . . . Writing defendants' solicitors with plan and attendance ..... Copy plan to enclose, very large and special 25. Paid for 6 copies defence Perusing defence ..... Feb. 8. Drawing particulars (folios 5) . Fee to counsel to settle Attending him therewith Copy order for particulars to accompany Summons for particulars of defence Copv for Chambers .... Paid Copy and service ..... Instructions to counsel to attend summons Copy summons to annex Attending Mr. C. with brief . Fee to him and clerk .... 20. Attending summons for particulars, order made as to paragraphs 1, 2 and 3 to be delivered a week after plaintiff's particulars, 14 days for reply, counsel certified for 25. Summons for discovery of documents Copy for Chambers .... Paid Copy and service ..... Attending lodging £5 in court Paid fee on lodging .... 27. Instructions to oppose defendants' sum- mons for commission to examine witnesses in South America . . . . . Copy summons to annex . . . . Copy affidavit in support . . . . Perusing same ...... £ s. d. £ s. d. 8 2 4 G 2 4 G — o — - 1 - - G 1 4 G 8 -34 -34 - G 8 - () 8 - 3 G 11- - G 8 1 - 3 - 1 - 3 6 6 8 1 4 G 8 G 8 3 - 1 - 3 G G 8 G 8 1 - 2 - 2 - q. B. D.— Plaintiff's Costs.'] 291 Attend! nc^ Mv. C. with brief .... Fee to him and clerk ..... 28. Instructions to counsel in support of plaintifi's summons for discovery Copy summons to annex .... Attending him therewith .... Fee to him and clerk ..... March 1. Attending defendant's summons for commission, when order made for com- mission to issue, certificate fit for counsel . Attending plaintiff's summons for discovery, order made ..... Paid order ...... Copy receipt for service .... Copy and service of both 15. Perusing defendant's affidavit of documents Paid for same ..... Writing defendant's solicitors suggesting Mr W. as examiner herein 26. Perusing defendant's interrogatories (folios 11)'' Sittings' fee . £ s. (I £ •2 4 G 4 6 s. (J. (] 8 -68 - 6 8 - 5 - - 1 - - 3 6 8 15 - EASTER SITTINGS, 1894. April 18. Copy particulars for delivery Attending to deliver .... Instructions for answer to interrogatories Drawing same ..... Attending counsel therewith . Fee to him and clerk to settle . . .'2 4-6 Drawing and copy consent for 14 days for answers to interrogatories, and attending defendants' solicitors therewith . 20. Drawing and copy consent for defend- ants to have 14 days for particulars, and writing Messrs. A. and Co. therewith . May 4. Drawing case to advise on evidence to be taken on commission Attending Mr. C. therewith .... Fee to him aud clerk ..... Copy papers charged for hereafter . 10. Attending Messrs. A. and Co., when they wanted further consent for time for parti- culars, and I gave them 10 days on condition that they gave me 10 days for interrogatories Drawing consent for time for answers to interrogatories and copy .... Drawing and copy consent for particulars, attending them with both .... Engrossing answers to interrogatories (folios 8) Attending plaintiff to be sworn Paid oath - 1 6 Sittings' fee . b 4 6 I.' 8 o 6 8 - 6 -68 - 13 - 6 2 4 - 6 - 6 _ 2 - 6 - 15 U2 2 8 Q. n. D.— Plaintiff's Costs.'] 292 TRINITY SITTINGS, 1894. £ s. (1. £ s. d. 18. Notice to produce documents in defend- ants' affidavit of documents for inspection, copy and service ..... - 4 - Attending defendants' solicitors when they wanted further time for particulars, and I gave them 7 days peremptory ... - 6 8 23. Attending filing affidavit in answer to interrogatories ...... - 3 4 Paid - 2 6 Notice of filing copy and service ... - 4 - 25. Defendants having refused my consent for time, and having issued a summons, attending summons for particulars, when order made for 10 days peremptory, plain- tiff's costs 6s. M. in action ... - G 8 28. Attending at defendants' solicitors' office inspecting documents mentioned in affidavit of documents, and bespeaking copies, and they said they had not got cash book and ledger, and I was to call again in a day or two to see them .... - 6 8 Attending Messrs. A. and Co. arranging to call and inspect the company's ledger and cash book this afternoon, attending thereon, but they said they had just sent tliem back to Company, and I was to call on Wednesday . - 6 8 June 12. Instructions for reply ... - 6 8 Drawing reply ...... - 5 - Copy documents to accompany (charged for hereafter) ...... Attending Mr. C. therewith .... - 3 4 Fee to him and clerk 13 6 26. Copy reply for service .... - 2 - Attending to deliver ..... - 3 4 Sittings' fee - 15 - MICHAELMAS SITTINGS, 1894. Nov. 16. Notice of trial, copy and service . - 4 - Two copies pleadings for Court (folios 36 each, 25 written, 11 printed) ... 104 Attending setting case down .... - 6 8 Paid . 2 - - Summons for jury - 3 - Copy for Chambers ..... - 1 - Paid . -3- Copy and service - 3 6 17. Attending summons, order made for trial by special jury at defendants' instance . - 6 8 Paid for order - 5 - Copy and service ...... - 3 6 Copy for associate ...... - 1 - Copy order for commission for associate . . - 2 - Q. B. D.— Plaintiff's Costs.l 293 £ s. d. £ 20. Attending associate with orders, and marking case for special jury and stay for return of commission ..... - 6 8 Writing Messrs. A. and Co. that I had marked case for special jury, and to stand over until return of commission ..... - 3 6 Dec. 7. Attending Messrs. A. and Co. when they brought draft writ of commission for me to look through, and said that the writ would have to go out as their clients would not settle, and agreeing to form of writ . - 6 8 Copy draft writ of commission to keep . . - 5 - Sittings' fee - 15 - HILARY SITTINGS, 1895. Jan. 12. Drawing instructions for observa- tions, &c., to be sent to agent in Buenos Ayres (folios 24) 14- 13. Drawing short statement of plaintiff's case for agent in Buenos Ayres (folios 43) . 2 3- Fair copy instructions for agent in Buenos Ayres - 8 Fair copy plaintiff's case for agent in Buenos Ayres ....... - 14 4 Fair copy statement of claim for agent in Buenos Ayres ...... - 3 - Fair copy particulars for agent in Buenos Ayres - 1 4 Fair copy of defence for agent in Buenos Ayres - 110 Fair copy particulars thereof for agent in Buenos Ayres ...... - 1 4 Fair copy reply thereof for agent in Buenos Ayres ....... - 1 - Fair copy defendants' interrogatories for agent in Buenos Ayres - 3 8 Fair copy plaintiff's answers for agent in Buenos Ayres ...... - 2 8 Fair copy statement made by defendants to British representatives in Buenos Ayres for agent in Buenos Ayres .... - 2 - Fair copy defendant's report of accident for agent in Buenos Ayres .... - 1 8 Fair copy connsel's advice on evidence for agent in Buenos Ayres .... - 3 - Fair copy writ of commission for agent in Buenos Ayres - 5 - Fair copy large plan of railway station for agent in Buenos Ayres . . 1 11 6 Fair copy of elevation of railway for agent in Buenos Ayres .... 11- Paid Mr. K. (agent) fees ; examination of witnesses lasted over '.) days . . . 52 10 - Dr. X. fees (counsel) 50 - - Mr. y. (sworn interpreter) . . . . 18 - - Q. n. D.— Plaint itr's Costs.'] 21)4 d. £ s. (L 14. Attending: ]\[essrs. A. and Co. on their bringing- order for commission for my consent to be indorsed that jMr. AY. T. be appointed commissioner, and iiidorsino^ consent •....,. _ (j g Feb. C. Subpoena and attending to issue for Piaster sittings ..... _ g 8 Paid - 5 - Feb. 18. Copy subpoena for service on Mrs. P., as there was a probability of lier leaving England '. _ i _ Service thereof at .... Mileage . . . . . . . - 4 _ 22. Writing llv. K. (agent) enclosing copy order as amended directing commissioners and thereon ...... Copy order to enclose ..... Sittings' fee - 3 6 •> _ - 15 - EASTER SITTINGS, 1895. April 18. Attending defendant's summons for time for commission, when same adjourned for weeks to save costs of further summons, stay in meantime . * _ g § Sittings' fee " _ 15 _ TRINITY SITTINGS, 1895. June 2. Attending defendants' adjourned summons for extension of time for commis- sion, when order made upon defendants' pro- ducing cablegram that depositions had been despatched 1 oth ]\Iay,for 10 days, but deposi- tions to be filed as soon as they came back - G 8 5. Paid for 2 copies of defence ... _ n _ 12. Perusing depositions (folios 150) . . 2 10 - June 13. Drawing consent to take exhibits off file and fair copy _ 5 _ Writing Messrs. A. and Co. enclosing consentfor me to obtain exhibits annexed to depositions - 3 6 IG. Drawing case to advise further on evidence on return of commission (copy documents to accompany charged for hereafter) ....... Attending Mr. C. therewith .... _ g § Fee to him and clerk 2 4 G 18. Attending lodging consent and obtain- ing 2 exhibits _ (5 8 Perusing same (folios 50) .... _ k; g 19. Attending Messrs. A. and Co. inspecting their 3 exhibits, and I arranged with them to exchange copies of our exhibits for copies of theirs ....... _ (; g 25. Notice of removal of stay and fair copy _ 4 _ £ 5. d. £ for further affidavit same adjourned for Q. B. D—PMntiff's Costs.'] 295 Attending Mr. C. appointing conference at 10 o'clock on Wednesday morning Fee to him and clerk . . . . .10- Writing Messrs. A. and Co. with notice of intention to remove stay, and asking them to call and arrange a day for trial and other matters and attendance 2G. Attending Mr. C. in long conference when he advised an application for further discovery of documents Summons for further affidavit of documents Paid Copy for Chambers .... Copy for service ..... Service 28. Notice to Messrs. A. and Co. to produce before the Master on hearing of summons all documents mentioned in defendants' original affidavit of documents and service Instructions for brief in support of summons for further and better affidavit of documents July 1. Attending Mr. C. with brief Paid his fee and clerk . . . . .246 3. Attending summons of documents, when counsel till Monday Notice to Messrs. A. and Co. . Attending Mr. C. with further case to advise Fee to him and clerk .... Attending Messrs. A. and Co. going through their particulars of defence, when they found a mistake, which I consented to their correcting 23. Drawing affidavit in support of summons for further affidavit of documents Engrossing same .... Attending to be sworn to affidavit . Paid oath ..... Marking exhibit .... Paid exhibit ..... Aug. 1. Copy summons for further affidavit of documents for defendants' solicitors Copy for counsel .... Copy for Chambers 3. Notice to Messrs. A. and Co. of restoration of summons . . . . • • • 6. Attending searching, and found that this case w^ould be about 12 out of hst after vacation Copy affidavit for defendants' solicitors . Copy affidavit for counsel .... 7. Paid filing affidavit ... . - 2 G Attending summons for further affidavit of documents, no order, costs to be costs in the cause, counsel Sittings' fee 2 4 6 -16 - 1 - s. d. 3 4 -36 - 13 - 1 - - 1 - -26 6 8 6 8 3 4 4 - 6 8 - 6 6 - 2 - 6 8 - 1 2 - 2 - 6 8 15 - Q. B. D.— Plaintiff's Co.'^/.s.] 20G MICHAELMAS SITTINGS, 1895. Sept. 10. Drawing case for Mr. V., Q.C., to advise on foreifjn law .... Attending him therewitii .... Fee to him and clerk 20. Attending searching list, and found case 14 out of list, and probably on first \Yeek of sittings Oct. 15. Drawing consent and attending Messrs. A. and Co. for and obtaining consent to case being marked for November 4th Attending associate, lodging same . Paid Writing Messrs. A. and Co. that case marked not to come into paper before November 4th 22. Attending Messrs. A. and Co., who said they would consent to action being marked for November 10th ..... Drawing consent and attending them, signing same ........ Attending Judge for and obtaining his autho- rity to case being marked .... Paid marking ...... Notice to Messrs. A. and Co. that I had marked case not to come into the paper before November 10th 24. Subpoena for Mr. and others Paid sealing ...... Copy subpoena for each witness Mileage (if served at a distance of more than 2 miles Is. per mile) .... 27. Service of subpoena on each witness Subpoena duces tecum (folios 15) Gs. 8d., and for each folio beyond 4, Is. 4:d. . Paid issuing Fair copy for service on each witness Service Paid each witness ..... Drawing notice to produce (folios 15) and copy Service Instructions for brief, including attendances on 10 witnesses taking their proofs and several letters and draft proofs sent to proposed witnesses in Sheffield, Rugby and Leaming- ton, and letters and attendances on numerous occasions at the Argentine consulate and at my company in London, copies of the law and code, perusal and study of the law in Spanish regulating national railways in the Argentine Republic, attending defendants' solicitors inspecting 12 concessions to defendant company, and making note of same and transcribing same, perusing and considering the depositions of 18 witnesses £ s. d. & s. - 18 - 6 d. 4 3 5 6 - 3 - 3 - G 8 -36 -68 -68 - 4 - 6 1 - - - 1 1 4 - 5 - - 5 - - 5 - 1 - 15 2 6 Q. B. D.—Flamtif's Costs.'] 297 taken on commission and 7 exhibits annexed thereto, and going through depositions and noting contradictory evidence thereon, attending obtaining particulars of defendant company from Somerset House, and attend- ing comparing jury panel with list of share- holder in defendant company . Drawing brief (foHos 253) .... Two fair copies and of documents (at 4^. per folio) •Two copies wTit to accompany Two copies statement of claim Two copies plaintiff 's particulars . Two copies defence .... Two copies defendant's particulars (folios 36 each, 25 written, 11 printed) Two copies reply Two copies notice of trial Two copies order for particulars Twocopiesdefendant'sinterrogatories( folios 11) Two copies plaintiff's answers (folios 8) Two copies correspondence (folios 30) . Two copies large plans of Station . Two copies elevation of Station Two copies depositions taken on commission (folios 150) Two copies exhibits plan E.P.R. 1. Two copies exhibits plan E.P.R. 2 . Copies of several other exhibits (at ■id. per folio) Two copies plaintiff's notice to produce (folios 15) • • Two copies defendants' notice to produce Two copies defendants' notice to admit . Two copies defendants' affidavit of documents (folios 10) Two copies admission of law and correspond- ence attached thereto, part in Spanish (folios 30) _ _. Two copies translation of provincial law Attending Mr. D., Q.C., with brief Fee to him and clerk .... Attending Mr. C. with brief . Fee to him and clerk .... Attending appointing consultations with Mr D., Q.C Fee to him and clerk .... Attending appointing consultation with Mr. C Fee to him and clerk .... Attending consultation .... Nov. 6. Attending Mr. , house surgeon at King's College Hospital, arrang ing for examination of plaintiff . d. £ s. d. 42 - - 12 13 13 8 8 27 18 1 3 6 2 _ 7 4 5 4 10 - - 15 - - 10 - -34 -34 -68 1 10 - -68 - 13 4 -(5 8 -68 13 4 6 8 * Charge the written copies at Ad. per folio and the printed at 2d. per folio. Copy subpoena for service on Mr. . Service Copy subpoena for service on Mr. . "Writing Mr. B. with notice to attend Court on Monday ...... Writin'i' Mr. C. with notice to attend Court on Monday Writino- Mr. D. with notice to attend Court on Monday ...... Writing Mr. E. with notice to attend Court on Monday ...... Writing Mr. F. with notice to attend Court on Monday ...... Writing Mr. G. with notice to attend Court on Monday ...... Writing Mr. H. with notice to attend Court on Monday 1 Q. B. D.— Plaintiff's Costs.'] 298 £ s. d. £ s. (I Copy subpoena for Mr. C - 1 - Service at Sheitield ..... - 12 - Attending Court obtaining jury panel . . - ;3 4 Paid for same . . . . . . - 1 - Attending Mr. 8. informing him as to appointment for examination of plaintiff, and arranging for him to attend. . . - 6 8 Copy subpoena for registrar of joint stock companies. ...... Attending serving. ..... - 5 - Paid search for file . . . . . - 1 - 8. Drawing and despatching telegram to Mr. that case probably first in paper for Monday and requesting him to call on Saturday ..... - 5 - Paid telegram . . . . . . - - G Perusing defendants' notice to admit . . - G 8 Perusing defendants' notice to pi'oduce . . - G 8 Attending searching, but I could not ascertain for certain if case would be in on Monday . - 3 4 9. Attending Messrs. A. and Co., agreeing further translations of law required by them with them, and we both signed same, and I promised to send them a copy ... - 6 8 Copy for them - 5 - Copy subpoena for Mr. ... - 1 - Service on him ...... - 5 - Attending searching list, and i'oand case second for i\Ionday - 3 4 Telegram to Mr. — .... - 5 - Paid telegram . . . . . . - - 7 The like Mr. - 2 6 Paid telegram . . . . . . - - 6 Attending appointment at King's College Hospital at G o'clock on Saturday evening, when plaintiff was examined by Mr. and Mr. 13 4 - - - G G G G 6 G G Q. B. D.—riaintiff's Costs.^ 299 Writing Mr. J. with notice to attend Court on Monday ...... Attending Messrs. A. and Co., agreeing to use civil code and translations .... Copy for them ...... 10. Attending Court case in day's list but not reached, self and clerks Attending searching, and found case in for to-morrow. ...... 11. Attending Court all day, when verdict given for plaintiff for £2,00(1 and costs with special jury, self and d clerks . 13. Instructions for brief to oppose de- fendants' notice of motion for stay of execution pending application for new trial Drawing same and 2 copies . Two copies notice of motion to annex Attending Mr. D., Q.C., therewith. Fee to him and clerk . Attending Mr. C. therewith . Fee to him and clerk . 14. Attending Court when application made and stay of execution given as to damages if money brought into Court in 10 days, taxation to proceed and costs to be paid to plaintiff's solicitor on usual undertaking, costs of apphcation to be costs in the cause ....... Attending searching if money paid into Courc, and found it was Attending associate for certificate . Paid Drawing judgment (special) . Attending to enter Paid Copy for office copy Copy of associate's certificate to keep Attending to get money out paid into Court for security for costs, and obtaining consent of plaintiff and defendants Defendants having given notice abandoning appeal, summons to take the £2,000 out of Court Paid Copy for Chambers ..... Copy and service ... . . . Attending summons, order made . Paid order ....... Copy and service ...... Attending defendants' solicitors, obtaining receipt, and attending plaintiff obtaining his consent to same being paid out to me . Attending bespeaking cheque, attending Court for and obtaining cheque .... 3 5 6 4 6 1 - - - 3 s. (I 1 G 6 8 2 1 (\ 3 4 3 3 6 8 10 - 2 - 8 6 8 - 13 4 -34 -34 - 5 - -68 - 2 - _ 9 _ - 13 4 1 - 3 6 6 8 3 6 6 8 6 8 Q. B. D.— Plaintiff's Costs.'] 300 Dec. 10. Copy judgment for i\Iessrs A. and Co., defendants' solicitors ..... Drawing; bill of costs and copy (folios 80) Attending for appointment to tax . Notice of taxation ..... Attending taxation ..... Term fee Letters and incidentals, including numerous letters to agent in Buenos Ayres. Paid witnesses £ S. 4 - - - ;5 4 - 4 - 1 1 - - 15 - 19. PLAINTIFF'S COSTS IN JUDGMENT. TPtlAL. ACTION ON FOREIGN APPEAL DISMISSED. Between, &c. EASTER SITTINGS, 1894. April 10. Letter before action Instructions to sue ..... Preparing wi*it and attending issuing Paid fee Special indorsement Fee to counsel to settle ..... Attending him ...... Instructions for special indorsement on writ . Two copies for service (folios 8 each) Attending defendant's solicitors obtaining undertaking to appear for defendant A. Attending obtaining undertaking to appear for defendant B., the defendants appearing by different solicitors 12. Attending him producing as requested judgment in the French action . 13. Attending defendant B.'s summons for security for costs, order made directing £10 to be paid into Court by plaintiff", pending application for judgment under Order 14 . Attending paying money into Court Paid stamp ....... Notice thereof, copy and service . Instructions foratlidavit of plaintiff* in support of summons for judgment .... Drawing same (folios 4) . . . . Engrossing ....... Obtaining same sworn ..... Paid fees (affidavit made in France) 15. Instructions for affidavit of Mr. in support of summons .... Drawing same (folios 'J) . . . . - 10 - .s. d. 3 6 G 8 G 8 -34 - 13 4 - 5 4 - G 8 G 8 G 8 6 8 {] 8 - 4 G 8 4 - 1 4 G 8 G 8 9 - Q. B. D.— Plaintiff's Costs.'] 301 Engrossing Marking G exhibits Attending deponent to be sworn . Paid oath and exhibits .... Summons for judgment, copy and service Copies and service on second defendant'ssolicitor Paid filing 2 affidavits .... Copies for defendant B. (folios 13). 20. The like exhibits (folios 80) . Copies affidavits for defendant A. . The like exhibits ..... May 1. Attending summons for security by defendant A., order made for £10 to be jDaid into Court pending summons under Order 14 Paid for order ...... Copy and service ...... Attending paying money into Court Paid stamp 3. Attending summons for judgment, when same adjourned for counsel's list at defend- ant's request ...... Perusing affidavit of defendant A. in reply, and exhibits (folios 30) .... The like defendant B. (folios G) . . . Brief for counsel to attend summons Copy summons to accompany (Copy affidavits for counsel charged after with brief on trial.) G. Attending counsel therewith Paid his fee and clerk Attending defendant A.'s solicitor on his signing consent to adjourn summons 8. Attending before Master, when adjourn- ment ordered Attending inserting summons in list for 20th instant, and notices thereof Term fee ...... . (I £ s. (I. - 3 - - G - - G 8 - 3 - 5 - 2 4 G 4 4 G 8 4 4 G 8 - G 8 - 3 G -08 - G 8 - 10 - - G 8 - 1 - - G 8 C 8 G 8 15 - TRINITY SITTINGS. May 24. Attending adjournment, order made for leave to defend Paid order Two copies and service ..... 29. Attending defendant A.'s solicitor, giving 7 days' time for defence .... The like defendant B.'s solicitor . Attending summons for further security by defendant A., order made for £25, liberty to apply Attending paying £25 into Court . Paid stamp June 3. Attending summons by defendant A. for time for defence, order made 1 week - G 8 5 - 1 - G G 8 8 G G 8 8 - G 8 Q. n. T).— Plaintiff's Costs.'] 302 Attending summons by defendant B. for furtlier security, order made for £20 further to be paid into Court . 10, J'erusinii: defence of defendant k. Copy order for oflice copy Paid marking ..... Drawing request and attending paying £2 into Court furtlier security Paid stamp ...... 12. Attending giving defendant A. 7 days further time for defence Perusing defence of defendant B. (folios 21) Paid for i) prints ..... 20. Instructions for reply to defence of defend ant B Drawing same Fee to counsel to settle and ck'r!^ Attending him Fair copy as settled Attending to deliver July 1. Instructions for reply and defence to counter-claim of defendant A. Drawing same (folios 15) Fee to counsel to settle and clerk Attending him Fair copy, reply and defence to counter-claim as settled (folios lo) . Examining proof print . Paid pi'inter's charges . Copy for delivery .... Attending to deliver Notice of trial, 2 copies and service Two copies pleadings, written (folios 16 each) Two copies, printed (folios 36 each) Copy notice of trial Attending setting down cause Paid . . \ 20. Instructions to counsel to advise on evidence ...... Paid his fee and clerk .... Attending him ..... Instructions for interrogatories for examina tion of defendant A. . Drawing same (folios ]0) Fee to counsel to settle .... Attending him ..... Aug. 1. Summons for leave to deliver interro gatories and for disco^•ery . Copies and service on both defendants Attending lodging deposit as security Paid lodgment fee 6. Attending summons for discovery, order made .... Copy interrogatories for Master s. (1. - - 6 - 5 3 3 6 2 4 6 15 - - () 8 -68 - 1 6 8 6 7 8 6 8 - 3 4 1 8 3 4 13 4 15 — -68 a — 2 6 2 6 3 4 8 - 10 8 12 - 1 - 6 8 13 4 6 8 6 8 10 4 6 - 6 8 3 _ - 11 - - (5 8 1 - - 6 8 5 - Q. B. D.— Plaintiff's Costs.l 303 Paid for order Two copies and service ..... Copy interrogatories for service Two copies receipt for service Attendances searching cause list during Trinity Sittings 19. Attending defendant B.'s solicitor, giving consent for 3 weeks' time to file affidavit . Attending giving defendant A. further time to answer interrogatories .... Sept. 4. Attending summons for time to answer interrogatories by defendant A., order made ...... Paid for copy affidavit of defendant B. as to documents ...... Perusing (folios 9) 18. Attending summons for time to answer, order made 1 week, plaintiff's costs in any event ....... Sept. 25. Attending defendant A.'s solicitors extending time for delivery of answers to Monday next Notice to*^ defendant B., with appointment to inspect documents, copy and service . 29. Attending at Mr. 's office in- specting documents Perusing defendant A.'s answer to interroga- tories (folios 14) Paid for prints Oct. 6. Defendant A. not having filed affidavit of documents, attendance on his solicitors complaining of delay and extend- ing time ....... Writing defendant B.'s solicitor suggesting that defendant B. should admit in writing that the amount claimed for costs was due under judgment of May, 1888, if it was valid against him Paid for copy affidavit of document of defend- ant A. ...... . Perusing ....... Notice of appointment to inspect . 16. Attending inspecting documents scheduled to defendant A.'s affidavit .... Term fee (I & s. (I - 7 - - 2 - - 6 8 - 6 8 - G 8 - G 8 4 8 G 8 G 8 4 - G 8 4 8 4 4 -68 -36 4 8 4 - 6 8 1.3 - MICHAELMAS SITTINGS. Oct. 25. Drawing notice to defendant B to admit facts (folios G) Fee to counsel to settle and clerk Attending him Fair copy as settled Service thereof - G - 13 6 - 5 - 10 10 - - G 8 - 3 - - 5 - - 5 - Q. B. T).— Plain tiff 's Costs.] 304 £' s. (I £ s. (1. Attendinf:^ summons for discovery by phiintilV, order made ...... - fi 8 Instructions for affidavit of documents . . -08 Dni\vin<^ same (folios 10) . . . . - 10 - Enurossing ....... - 3 4 Preparinu' subpoena ad test., and attendinu- issuinjj; .... Paid .' . . . Tlnx'C copies for service Service on M. , avocat Paid him . Service on defendant A. Paid him .... Nov. 9. Perusing defendant A.'s notice to admit ....... - 8 Attending inspecting documents thereunder . - G 8 12. Drawing notice to defendant B. to pro- duce ........ - 5 - Copy for service ...... - 1 8 Service thereof ...... - 2 G Drawing notice to produce to defendant A. . - 5 - Copy for service - 1 8 Service thereof ...... - 2 G Perusing admission of facts by defendant B. . - 6 8 14. Drawing notice to admit documents and 2 copies (folios 8) - 10 8 Services thereof ...... - 5 - Obtaining plaintiff's affidavit of documents sworn ....... - G 8 Paid consul's fee , . . . . . - 5 - Paid filing affidavit . . . . . - 2 G Notice of filing copy and service ... - 4 - Attending M. , French avocat, with the 2 French judgments and demands and notices relating thereto for translation . - G 8 Paid his charges .") 2 - Attending defendant A.'s solicitors on their examining our documents ... - G 8 Instructions for brief, including the perusal and translation of French judgments and notices thereof to defendants, together with certificates of an appeal and other papers in the French action ; also attendances on the witness as to French law, making copies of French documents for him to peruse and qualify, and taking his evidence Drawing brief and proofs (folios 80) Two fair copies IG. The like of the following pleadings : — Written (folios 1 6 each) .... Printed (folios 3G each) .... Interrogatories for examination of defendant A. (folios 10 each) Answers thereto, print (folios 10 each) . 10 10 - 4 - - 2 13 4 - 10 8 - 12 - - G 8 - 3 4 Q. B. D.— Plaintiff's Costs.'] 305 ^Affidavits used on order ] 4 (folios eacli) . Affidavit of documents of defendant A. (folios each) Affidavit of documents of defendant B. (folios each) ...... Affidavit of documents of plaintiff (folios each) ...... Notice to admit facts (folios each) Admissions of defendant B. (folios each) Plaintiff's 2 notices to produce and admit together (folios each) Defendant A.'s notice to admit (folios each) Agreement of 188-1- (folios each) Extract from Deed of Partnership of 1881 (folios each) Translation of French judgment of 188i; (folios each) ..... Translation of French judgment of 1888 (folios each) ..... Translation of demand and notices of judf ments together (folios each) . Articles of partnership (French) (folios each) Documents relating to French proceedings (French), together (folios each) Bill of costs, French (folios each) 20. Attending Mr. , Q.C, with brief ...... Paid his fee and clerk .... Attending appointing consultation Paid his fee and clerk .... Attending Mr. with brief Paid his fee and clerk .... Paid him consultation fee and clerk Attending consultation Attendances searching cause list this sittings 25. Preparing telegrams to 8 witnesses to attend Court under subpoenas to-morrow at 10.30, and attending despatching Paid telegrams ...... Copy translations of French judgments for Judge (folios lOO) 26. Attending Court, w^hen case heard and verdict given for plaintiff', stay of execution pending appeal on payment into Court. (Engaged all day) . . . . . Dec. 1. Attending searching and bespeaking certificate of amount paid into Court with defences, and afterwards for same Paid fee 3. Drawing judgment, special (folios G ) Attending associate for certificate . £ s. (I £ s. (L IG 5 6 8 6 8 6 8 11 - - 1 3 6 - 13 - 6 4 8 4 7 -68 1 13 4 3 3 - 6 - fi - 3 This and the other copies at id. per folio. J.C. Q. B. D.— Plain f if s Cosfs.^ 306 Paid Attending to sign judgment Paid Copy for office copy (folios 7) Paid marking ..... Drawing 2 reqnests for jjayment out of moneys paid in l)y defendants, with their defences and copies thereof, oljtaining authorities signed by plaintiff, and attending obtaining amount out of Court 5. Mr. , defendant A.'s solicitor, having served notice of appeal on behalf of botii defendants, instructions to oppose Drawing observations for counsel on appeal (folios 21) Two fair copies ..... The like judgment (folios 7 each) . The like notice of appeal (folios 4 each) The like transcript of shorthand notes judgment (folios 24 each) . Attending Mr. , Q.C., with brief I*aid his fee and clerk .... Paid liis fee and clerk (consultation) Attending appointing consultation Attending Mr. with brief Paid his fee and clerk .... Paid his fee and clerk (consultation) Attending searching list during sittings Term fee ..... . HILARY SITTINGS, 1895. Jan. 11. Paid Mr. , Q.C., sittings' refresher and clerk ..... Attending him ...... Paid ]\Ir. — sittings' refresher and clerk Attending him ...... Attendances searching list .... Attending consultation .... 30. Attending Court case Feb. 3. Attending Court reached ....... 4. Attending Court appeal heard and dis- missed. (Engaged all day) Attending for order ..... Paid Drawing authority to receive money out of Court jiaid in with defence Paid filing ....... Attending to bespeak and receive money paid into Court "with defence .... Attendances onlMaster and defendant's solicitor as to getting out money paid in as security for costs and receivinfj same £ s. d. . 1 - - £ s. d. _ G 8 . 1 - - - 2 4 .-12 2 4 6 1 3 6 in list not reached case in list not 1 - 1 - - 13 4 13 4 1 1 - - 14 - - 4 8 f - 2 8 _ 16 _ - 6 8 . 11 - - . 2 7 - - 6 8 - 6 8 . 7 12 - . 1 3 6 - 6 8 - 15 - 6 -34 -68 - 13 4 - 10 - - 10 - 3 3- -34 - 3 - - 13 4 - 13 4 Q. B. D.—riaintiff's Costs.'] 307 Drawing hill of costs and copies for taxation, and for first defendant's solicitor (folios 50) Copy for second defendant's solicitors . Attending for appointment to tax Two notices thereof, copies and service . Attending taxing ..... Term fee Letters, messengers, &c. Payments to witnesses .... d. £ s. d. 10 10 3 6 1 20. APPELLANT'S COSTS. APPEAL ALLOWED WITH COSTS, PLAINTIFF'S APPEAL, AFTER TPJAL AND JUDGMENT FOE, DEFENDANT. IN THE COURT OF APPEAL. Between, &c. HILARY SITTINGS, 1895. Jan. 24. Instructions to appeal Drawing notice of appeal (folios 7) Fee to counsel and clerk to settle . Attending him .... Copy for service .... Service thereof .... Attending bespeaking office copy of judgment signed by defendant appealed from and for same ..... Paid for same .... Copy notice of appeal for setting down 30. Attending setting down appeal Paid Attending shorthand writers bespeaking tran- script of judgment given by the Judge at the trial, and for same . . . . Paid for same ...... Drawing observations for counsel (folios 22) . Fair copy for counsel Copy notice of appeal and judgment appealed from for counsel (folios 11) Copy shorthand notes of judgment for counsel (folios 18) (If 2 counsel add further copies and fee.) Three copies notice of appeal and judgment appealed from for the Lords' Justices (folios 11 each) Three copies shorthand notes of judgment for Lords Justices (and any other documents necessary for the Court) . . . . £ s. d. 1 G 1 10 - 13 - 7 - 3 - 2 _ •> d. 4 -68 -24 -68 6 8 1 2 - -74 - 6 - 11 - 18 - X 2 '3 4 G 8 11 _ 4 - 13 4 15 - 21. PLAINTIFF'S COSTS OF ACTION FOR DAMAGES ON TRIAL AT ASSIZES. AGENCY. Between, &c. TRINITY SITTINGS, 1894. £ s. July 20. Letter before action Instructions to sue ..... Writ of summons cojiy to file and attending to issue ........ Paid - 10 Copy writ for service ..... £ s. (I. - 3 (; -08 -08 q. B. D.— Plaintiff's Cods.'] 509 Attending- defendant's solicitor, obtaining acceptance of service and undertaking to appear ..... Instructions for statement of claim Drawing same (folios 10) Paid fee to counsel to settle . Attending him .... Letters, &c.''' .... MICHAELMAS SITTINGS. €opy statement of claim for printer Examining proof ..... Paid printer's charges .... Oct. 25. Print of claim to deliver Attending to deliver .... Nov. 8. Attending defendant's agents, giving them consent for 7 days' further time to deliver defence ...... 12. Close copy notice of change of defendant's solicitors and agents ..... Attending defendant's agent, giving him con- sent for 7 days' time for defence 20. Attending defendant's summons for par- ticulars, order made and close copy Drawing particulars to be delivered pursuant to order and copy ..... 26. "Attending defendant's agent, obtaining consent for further time to deliver particulars Attending to deliver Dec. 10. Attending defendant's agent, giving him time to deliver defence Perusing defence ...... Close copy (foHos 4) Sittings' fee il. £ 6-. d. 4 i; fi 8 l:^> 4 10 - (') 8 5 — 3 4 1 8 1 8 8 4 G 8 1 - 6 8 6 8 3 4 6 8 6 8 1 4 1 - HILARY SITTINGS, 1895. Jan. 12. Attending defendant's agent, obtain- ing consent for time to deliver reply . . - 6 8 Instructions for reply - 6 8 Drawing same ...... - 5 Paid fee to counsel to settle . Attending him Copy to deliver (folios 3) Attending to deliver Jan. 21. Notice of trial, copy and service Instructions to counsel to advise on evidence Paid fee to counsel and clerk . . . . 2 4 G Attending him ..... Copy pleadings for counsel as follows : — Statement of claim (folios 1 0, print) . * 6s. is allowed for letters where a term fee may be charged, cases (as here) 5s. -34 - 1 - -34 - 4 - - G 8 -68 - 1 8 In other Registry entering obtainino- common Q. B. D.— Plaintiff's Costs.'] 310 Plaintiff's particulars (folios -i) . Defence (folios 4) . . . Reply (folios 3) .... Two copies pleadings for associate . The like \\Tit and notice of trial SubpcEua ad test, and attending to issue Paid issuing ..... Three copies for service . Service on 2 witnesses . Feb. 15. Notice to inspect and admit copy and service The like notice to produce "Writing agents at instructing them to enter action for trial . Agents attending at — action Paid fee . . . Attending under-sherift" jury panel . Paid for same Feb. Letters from agents as to entry of action ]\rarch I. Instructions for brief, including numerous journeys and attendances on plaintiff and the witnesses, obtaining their proofs Drawing brief and proofs (folios 3G) Copy for counsel .... The like correspondence (folios 9) . The like notices to admit and produce together (folios 10) Paid fee to Mr. , with brief and clerk Attending him ..... Paid him conference fee and clerk . Attending him . Attending conference .... Service of subpoena on IMr. , at and mileage (1< I miles) Journey to and attending at Assize, case in list, but not reached Hotel expenses Writing plaintiff to be in Court on Monday morning ..... The like to 3 witnesses (Is. 6rf. each) 3. Attending Assize Court, but case not reached Hotel expenses 4. Attending Assize Court, case heard, and verdict and judgment given for plaintiff 5. Hotel expenses ..... I'aid travelling expenses (same paid) Paid sheriff's fee ..... Paid jury fees ..... Agent attending associate, obtaining certificate of result of trial (I £ s. (1. - 1 10 1 r. 1 1 - 11- 1 1 10 12 - 1 4 - 1 - 1 - 10 4 8 - C. 8 - 3 - - 1(1 - - 7 G - 7 G - 3 G - G 8 -34 - 3 f> 1 IG - 12 6 8 o — O 4 - 13 4 - 15 - 3 3 - - 3 G - 4 6 3 3 3 4 Q.B.D.— Plaintiff's Costs.'] 311 Paid thereon 10. Drawing judgment . Attending to sign . Paid . . . . . Paid office copy and marking . Drawing bill of costs and copies (folios 20) Attending obtaining appointment to tax Notice thereof, copy and service Attending taxing .... Sittings' fee Letters Postages, carriage of documents, &c Paid witnesses as follows : — J. S., police-constable, 2 days' attendance, railway fares and expenses "W. J., bricklayer, the like . . . . T. B., farm bailiff, the like The plaintiff, railway fares and expenses, 2 days (the amount expended). £ s. (J. £ s. (I. - 1 (> -68 3 4 4 - 3 4 5 _ 22. PLAINTIFF'S COSTS IN ACTION AGAINST UNDERWEITERS. IN THE HIGH COURT OF JUSTICE. Queen's Bench Division. Commercial List. Between and Others, Plaintiffs, AND and Others, Defendants. MICHAELMAS SITTINGS, Nov. 22. Letter for payment Instructions to sue Writ of summons ...... Paid stamp Particulars of claim to indorse Attending defendants' solicitors obtaining undertaking to appear .... Copy writ for them (extra folios) . 23. Attending defendants' solicitors on their calling and suggesting that the questions in dispute should be decided forthwith in the Commercial Court, discussing points to be raised, and arranging .... 25. Attending defendants' summons before 1895. fi. £ - 10 - 6 - - 13 4 Q. B. D.—PJainilff's Cosfsr] 312 Jiidiie of Commercial Court, order made transferrintr action to the Commercial List, and the Jiidc-e appointed the day for trial without a jury (discretionary) 2G. Attendinfj defendants' solicitors, perusin<^ documents in their possession, and arranging as to their sending us points for argument 27. Perusing their points for argument . Notice of trial The like on solicitors of other defendants Making 2 copies writ order and points for the Court ...... Copy notice of trial to accompany . Attending entering action for trial Paid fee . '. Instructions for brief, involving the perusal of numerous documents and correspondence, and attendance on underwriters obtaining information from them Drawing same (folios 9(5) Two copies for counsel .... Two copies of documents (at 4rf. per folio) Attending Mr. , Q.C., with brief Paid his fee and clerk .... T'onsultation fee . \aid :\Ir. brief fee and clerk (I & s. d. 13 4 9 _ _ 21 2 IG 15 - Attending him ..... Paid him consultation fee . Attending appointing consultation Attending consultation .... 28. Attending defendants' solicitors on the facts to be admitted, and arranging . Attending defendants' solicitors agreeing the points for argument .... 21). Attending Court when action in list but not reached, and ordered to be taken on Tuesday next Subpoenas as in ordinary cases Copy and service on each witness . Dec. 3. Attending Court, when case heard and judgment reserved .... 4. Instructions to counsel to attend on judgment being given .... Paid Mr. , Q.C., fee and clerk . Attending him ...... Paid ]\Ir. fee and clerk . Attending liim ...... 5. Attending Court when judgment given (The subsequent costs as in ordinary cases after trial.) Sittings' fee . Letters, messengers, telegrams, &c. 3 5 G 2 4 G 13 4 G 8 4 - 4 - 8 _ 1 - G 8 15 15 - 4 16 - 3 4- - 13 4 - G 8 - 6 8 - 13 4 - 13 4 - G 8 - 10 - - G - 3 3 - - G 8 - G 8 _ G 8 — 13 4 15 1 1 - Q. B. D.— Plaintiff 's Costs.'] 313 23. COSTS OF TRANSFER OF ACTION TO COMMERCIAL LIST (WHEN NOT CONSENTED TO). Between, &c. Special summons for transfer of action to Commercial List and for directions as to discovery, pleadings and trial Attending Lord Chief Justice's clerk and obtaining leave to issue .... Paid issuing ....... Copy and service ...... Attending summons before the Judge, when directions given as to pleadings, exchange of list of documents and trial (dis- cretionary) (The other charges are the same as usually allowed in the Q. B. D.) d. £ 10 - - (5 - 6 4 G - l; 24. COSTS OF ORDER TO ISSUE EXECUTION ON A JUDGMENT AFTER G YEARS, AND OF WRIT OF ELEGIT AND INQUISITION HELD THEREUNDER.* Betaveen, &c. 180.5. Feb. 12. Instructions for affidavit of judgment creditor in support of application for leave to issue execution. Drawing same (folios 7). Engrossing ...... Attending deponent on his being sworn . Paid oath ...... Paid filing ...... Attending before the Master making applica tion when order made Paid for order ..... Copy order to keep .... Writ of elegit (folios 11) Paid issuing Attending lodging with sheriff" Paid 20. Writing under-sheriff that I had no objection to the inquiry being held at ....... (I. £ - G 8 _ 2 4 - G 8 G G - G 8 _ 1 _ 1 1 - G 8 3 6 * If the judgment be not more than 6 years old omit the items relating to the revival of the judgment and begin with "Writ of Elegit." Q. n. D.— Plaintiff's Costs.'] 314 25. Writint,' under-shcritl' in rejily that date he mentioned would suit, and he was to let me icuow the houi' and place at where the inquiry would l)e held Having received a letter from solicitor of judg- ment debtor asking to know the amount due, writing him with particulars, and whether he was pi'epared to pay the amount . Attending at Somerset House searching for marriage of , the father of judg- ment debtor, and bespeaking certificate Paid search and certificate Attending searching for birth of judgment debtor, and bcsjieaking certificate Paid search and certificate March ;"». Attending searching for death of judgment debtor's father, and bespeaking certificate .... Paid search and certificate Subpoena ad test. . Paid (9 witnesses). Nine fiiir copies . Subpoena duces tecum . Paid Three fair copies . Journey to and attending at ^^ inspecting title deeds to the lands and power of attorney given by the judgment debtor and taking particulars, serving him with subpoena duces tecum Paid him therewith Attending at (5 miles off) inspecting lands seized with sheriff's officer "s man, taking his evidence and serving him with subpoena Paid him therewith ..... Attending jMr. , a tenant, taking his evidence and serving him with subpoena . Paid him therewith ..... Attending 3 other tenants, taking their evidence and serving them with subpoenas . Paid them therewith ..... G. Attending by appointment to meet Mr. , tenant, taking his evidence and serving him with subpoena . Paid him therewith 7. Attending inquiry before under-sheriff, conducting case when jury gave their verdict extending judgment debtor's lands. (Away from town 3 days) . . . .J Paid travelling expenses .... 11. Attending bespeaking office copy return and inquisition, and attending obtaining same Paid € s. \i] 2G. SHERIFF'S COSTS OF IXTERPLEADER. Between, &c. TRINITY SITTINGS, 189 (I. £ .s. d. S 2 - ?. 8 6 July . Having received notice of claim, notice to execution creditor to admit or dispute it - 4 - Interpleader summons, copy and service on execution creditor's solicitor The like on claimant ..... July 5. Attendinfj summons, order made Perusino; claimant's affidavit .... Paid for order . . . . . . - 5 - Copy and service on execution, creditor's soli- citor ........ The like on claimant's solicitor July 22. Attending summons to bar claimant, order made - G 8 (AVith costs to sheriff from execution creditor in first instance with remedy over.) Drawing costs and copy for taxing and execu- tion creditor .... The like for claimant Notice of taxing to execution creditor The like to claimant Attending taxing .... Letters, &c. .... 4 - 1 4 4 - 4 - 27. CLAIMANT'S COSTS. ISSUE REMITTED TO COUNTY COURT. Between, &c. TRINITY SITTINGS, 189 . £ s. d. £ s. d. Instructions for claim ..... - 6 8 Notice of claim and copy .... - 2 6 Service thereof - 5 - Instructions for affidavit in support of claim . - 6 8 Drawing same ( folios at Is.) Engrossing same ( folios at 4^/.) . Attending claimant on his making the affidavit - 6 8 Paid oath - 1 6 Q. B. D.— Plaintiff's Cosis.'] 317 Copies for sheriff and for execution creditor (at ^d. per folio) July 10. Attending summons when order made transferring proceedings to County Court. £ to be paid to sheriff, the case to be entered in Cdunty Court in 7 days Paid tiling affidavit Attending sheriff, paying him the amount Notice thereof to solicitor of execution creditor Attending sheriff for interpleader order . Attending entering proceedings in the County Court ....... (For the further charges in the County Court see County Court Costs, p. ~>>~.) (If issue directed to be tried in the High Court and security by bond, costs &c., reserved until the result of the trial ascertained) Instructions for bond Drawing same ( folios at Is.) Copy for execution creditor's solicitor (at 4^/. per folio) Attending him therewith Instructions for affidavit of each surety Drawing same ( folios) Engrossing same ( folios) . Attending him to be sworn . Paid oath Copy for execution creditor's solicitor Attending Master for appointment to settle security Paid stamp Notice of appointment Attending Master when bond settled and security approved ..... Or if sureties reijuired to attend and be cross- examined, charge notice to them to attend (each) And attending the Master subsequently on their being examined ..... Engrossing the bond ( folios) Attending sureties on their executing it (each) Attending stamping and paid Writing execution creditor's solicitors with the bond ....... Paid tiling sureties' affidavits .... Instructions for issue . . . . . Drawing same ( folios at Is.) Copy for defendant's solicitors, the claimants being plaintiffs in the issue ( folios) . Aug. 1 . "Writing defendant's solicitor to return the draft issue approved . . . . If not approved attending the Master for appointment to settle . (J. £ s. d. -OH - (', H - 4 - - :-] 4 - <; 8 G 8 ?> 4 G 8 - Q ^6 - 10 - - o - 3 4 4 - G 8 4 - 6 8 G 8 3 6 G 8 3 G 3 4 Q. B. D.—PJainiitrs Costs.'] 318 Notice of appointment Attending the Muster when he settled tlie issue ....... Paid stamp Engrossing the issue ( folios) Attending defendant's solicitor therewith Notice of trial ..... (The charges for entering for trial and of the trial are the same as in the trial of actions.) d. £ s. 4 G 10 4 - MICHAELMAS SITTINGS. The issue having been decided in claimant's favour, summons for payment of costs by the execution creditor, and for return of the bond for security (or for payment of the money out of Court if paid in instead of security) Copy and service - 3 - Copy and service on sheriff . Attending summons, order made . Paid for order, copy and service . . . - 5 The like on sheriif Attending bespeaking and receiving the money out of Court, and obtaining client's authority ....... Or attending execution creditor's solicitor for the bond ....... Drawing bill of costs, &c., as in other cases Term fee ...... , -76 3 G G 8 3 6 3 6 13 ■i G 8 15 _ 28. CLAIMANT'S COSTS. SHERIFF'S INTERPLEADER. TRIED BY MASTER. A. V. B.-C. Claimant. HILARY SITTINGS, 189G. Jan. 11. Instructions for claim Drawing same and copy Service on sheriflF' s officer Tiistrnctions for affidavit in support of claim Drawing same (folios 5). Engrossing ...... Attending Mrs. to be sworn . Paid oath ...... Paid filinfr ...... £ S. tJ. £ s. - i; - 1 - 5 - G - 5 - 1 - 6 d. H G 8 8 8 , - 1 6 . - 2 6 Q. B. D.—Plainiiff's Costs.'\ 319 Attendino; on interpleader when the Master decided to try the question himself, and the sherilf was to obtain an appointment before him ........ AVriting witnesses with notice of appointment, and askinir them to attend (each) Attendinj,^ bespeakini;- affidavit for use before the ]\Iaster Notes of evidence 18. Attending hearing evidence of interpleader before Master, when he gave his decision in favour of the claimant with costs and costs of sheriir, and the property in question was handed over Drawing costs and copies Notice of taxing, copy and service Attending taxing . Letters, &c d. £ s. d. - G 8 -36 -34 - 13 4 13 4 4 - 4 - fi 8 3 - 29. COSTS OF OBTAINING INTERLOCUTORY MANDAMUS. Between, &c. Costs of plaintiff under Order of Mr. Justice day of , 1896. dated HILARY SITTINGS, 1896. Feb. 2. Instructions for application for inter- locutory mandamus ..... Instructions for affidavit of plaintiff in support of application . Drawing affidavit (folios 15) . Engrossing .... Marking exhibit . Attending plaintiff to be sworn Paid oath and exhibit . Brief to counsel to apply Copy affidavit to accompany . Copy writ .... Fee to Mr. and clerk Attending him Paid filing affidavit in support 5. Attending Judge in Chambers, application made and leave given to issue summons Summons accordingly for interlocutory man damus, copy to file and attending to issue d. £ -26 2 4 6 -26 -68 -68 - 15 - - 5 - - 1 - - 6 « -68 - 5 - - 1 4 - G S -68 Q. B. D.— Plaintiff's Costs.'] 320 Paid issuing. Copy for service . Copy affidavit for defenduut . Letter for service at Agent's charge for service at letter .... 8. Attending return of summons, when same adjourned till KJth instant Brief to counsel to apply for order Copy summons to annex Fee to ^[r. therewith and clerk Attending him ..... 10. Attending summons when order made and for costs of application Paid for order Copy and service ..... 20. Drawing bill of costs and copy, and copy for defendant's agents ... Xotice to tax, copy and service Attending taxing Letters, &c. (interlocutory) . £ s. (I - 3 - 4 (] £ s. d. - 1 - - 5 - -30 -80 - 8 - 8 - 1 - -08 - 8 -30 - ;") — - 4- - - 8 - 3 - 30. PLAINTIFF'S COSTS OF APPOIXTMEXT OF RECEIVER AND OF PASSING HIS ACCOUNT. A Between, &c. 1802. July 24. Instructions to apply for ap- pointment of a receiver of defendant's interest and shares in Instructions for affidavit in support Drawing same (folios 7) Engrossing . ' . Attending deponent to he sworn . Paid oath Paid filing Summons for receiver . Paid issuing ..... Copy for Chambers Copy and service .... Instructions for affidavit of fitness of ^Ir. . Drawing same (folios 3) Engrossing . Attending Mr. Paid oath .... Paid filing .... Instructions for affidavit of ilr. on his swearing same £ s. d. £ s. d. - 8 - 8 - 2 4 - 8 - 1 3 - — o — 1 - - 8 - 3 — - 1 - - S -08 Q. JJ. D.—riaintiff's Costs.] 321 Drawing same (folios 3) Engrossing ..... Attending deponent on his being sworn. Paid oath ..... Paid filing 28. Attending snmmons for receiver before Jndge in Chambers when order made Paid for order ...... Copy for service on defendants (folios 6) The like for service on club . Service on defendants' solicitor Service on club's solicitor Affidavit of service of summons for receiver . Paid oath ....... Paid filing ....... Attending obtaining appointment to fix security ....... Paid fee thereon ...... Attending Master to fix security when same settled at £ . . Instructions for bond for £ Drawing same (folios 17) .... Engrossing ....... Attending Master settling same Attending Master on his allowing security Paid stamp on bond ..... (I £ 10 - - 1 - C - G 8 - 2 - - 2 - -26 -26 - 5 - G 8 6 8 17 - 5 8 G 8 G 8 - HILARY SITTINGS, 1895. Feb. 1. Writing defendant's solicitors with copy receiver's account .... Attending Master to fix receiver's remunera- tion and obtaining appointment, attending Master fixing remuneration, and same allowed at guineas, and he directed receiver should bring in a first and final account, to be verified by affidavit Drawing receiver's first and final account (folios ) at per foHo Fair copy at per folio .... Drawing affida^^t, verifying same (Iblios 4) Engrossing ...... Marking exhibit ..... Attending receiver on his being sworn . Paid oath and exhibit .... Paid filing . • . Xotice of appointment to pass account to defendant's solicitors, copy and service Attending appointment when account passed Attendances and disbursements, drawing order for discharge of receiver and vacating bond. . . . . . . (Usual charges for summons and order and attending filing the order.) .I.e. -36 G 8 - - 8 - - 4 - 4 - - 1 4 1 - •) i' - G 8 2 (; — 4 6 8 Q. B. D.— Plaintiff's Costs.'] 322 Drawinjr l)ill of costs and copy and copy for defendant's solicitors (folios 13). Atteudin;; obtaining; appointment to tax Notice thereof, copy and service . Attending taxing Letters, messengers, &c. £ s. d. £ s. d. - 13 - - 3 4 - 4 - -68 - Ill G 31 In COSTS OF REGISTERING A DECREET OR JUDGMENT OF THE COURT OF SESSION IN SCOTLAND FOR THE PURPOSE OF EXECUTION IN ENGLAND. the matter of a decreet or judgment of the Court of Session in Scotland in an action of reduction, declaration, etc., instituted before the said Court at the instance of A. B. and Co., Pursuers, against E. F. & G. II. and Co., Defenders, AND In the matter of the Judgments Extension Act, 18(58. HILARY SITTINGS, 1896. £ March 20. Instructions to register Decreet of Court of Session and enforce same in England against defendant. Fair copy certificate by principal extractor of Court of Session of Decreet having been made (folios (5) . Examining and certifying same Instructions for and drawing affidavit in support of application (folios 8) Fair copy thereof ...... 29. Attending swearing .... Paid oath and exhibit Paid filing ....... Attending Master making application and for order ....... Attending at office of registry of judgments, producing order and certificate and copy and afterwards for copy certified Paid fees ...... Drawing costs and copy (folios 5) . Attending taxing ..... Letters, &c d. £ s. d. - 6 8 - 2 - - 1 G _ •> 6 8 G 8 32 COSTS OF REGISTERING JUDGMENT OF THE HIGH COURT OF JUSTICE IN IRELAND FOR THE PURPOSE OF ISSUING EXECUTION IN ENGLAND, PURSUANT TO THE JUDGMENTS EXTENSION ACT, 1868. EASTER SITTINGS, 1895. £ s. d. £ s. d. May 20. Instructions to file certificate of judgment obtained in the High Court of Justice in Ireland ..... - 6 8 Q. B. D.— Plaintiff's Costs.'] 323 Fair copy thereof (folios 8) Attending to register . Paid fees, and for office copy Costs and copy Attending taxing . Paid / . Letters, &c. . £ s. (I £ s. il 2 8 () 8 2 _ (I 8 2 - 3 - 33. APPLICATION AGAINST A SOLICITOR FOR RETURN OF DEEDS, &c., ON WHICH A LIEN CLAIMED AND FOR COSTS OF THE APPLICATION. In the matter of A. B., one of the solicitors of the Supreme Court.''' The Bill of Costs of the applicants C. D. and E. F., the trustees of the marriage settlement of deceased, to be taxed pursuant to Order of Master, dated, &c. TRINITY SITTINGS, 1895. July 10. Instructions for application Summons to deliver up papers, copy and service Paid 12. Instructions for affidavit of the applicants C. D. and E. F. (and another) in support of summons ...... Drawing same (folios 7) . . . Engrossing ...... Preparing exhibit ..... Attending Messrs. C. D. and E. F. to be sworn Paid Attending Mr. to be sworn (at another place) ..... Paid Copy affidavit for A. B. and exhibit (folios 9) Instructions to counsel to attend summons Notice of attending summons by counsel copy and service .... 16. Copy summons and affidavit for counsel (together folios 13) . Copy correspondence for counsel (folios 21) Attending Mr. with brief Paid his fee and clerk .... Notice to produce documents, copy and service 4 - _ 9 4 s. (I i; 8 - G 8 - 7 - - I - - C. 8 -08 - 3 - -68 - 4 - -44 -68 - 4 - * A solicitor suing or defending in person is not entitled to any charges for "instructions" : Lmidon Scottish Benefit Society v. Chorley, 13 Q. B. D. 872. y2 Q. B. IJ.— Plaintiff's Costs.'} 324 A. B. Ill answer and the the 7 (; •2 4 G Perusiiif!: affidavit of exhibits (folios is) Brief copy for counsel Brief copy notice to produce .... 18. Attending summons before Master, same adjourned until "Wednesday for us to answer A. B.'s affidavit Paid filing affidavit of the trustees 20. Instructions for affidavit of the trustees and the widow in reply Drawing same (folios 1-")) Engrossing .... Preparing ;3 exhibits Attending deponents to be sworn Paid oaths and marking 3 exhibits Brief copy affidavit for counsel and exhibits (together 23 folios) 23. Attending Mr. with further papers ..... Paid his fee and clerk . Copy affidavit of the trustees and widow for A. B. 24. Paid filing affidavit Attending bespeaking affidavits for the use of the ^Master ...... Atteniling summons before Master, order made for delivery of the papers to trustees' solicitor on payment of the solicitor's lien, the extent of lien and amount of the solicitor's charges to be ascertained by the Master, certificate for counsel, costs to abide event of reference to Master 30. Notice to A. B. of putting summons in jMaster's list for next day, copy and service 31. Attending before ]\Iaster, when he settled order Paid for order ...... Copy and service of order on A. B. Attending obtaining appointment from ]\Iaster Aug. 1. Notice thereof, copy and service Copy of the solicitor's bill of costs for Master (folios ) at 4d. per folio Attending before Master, when hearing adjourned until October for affidavit of further disputed facts by both parties to be filed . Oct. !."». Perusing affidavit of A. B. (folios 10) Sittinjrs' fee MICHAELMAS SITTINGS, 1895. October 24. Instructions for affidavit of ]\Ir?. (the widow) in reply . Drawing same (folios 13) . £ s. (1. £ s. (1. - ('. - - (; - - 1 - 2 C 2 G - G 8 - G 8 - ir. - - 3 - - G 8 7 8 G 8 7 8 3 4 G 8 4 - G 8 3 G 3 4 4 - G 8 f) 4 15 - - G - 13 Q. B. D.— Plaintiff's Costs.'\ ^25 Engrossing Attending Mrs. to be sworn . Paid oath ...... Copy atlidavit for A. B. (folios 13) Attending bespeaking affidavit for use of the Master 29. Attending adjourned hearing and taxation before Master Paid filing affidavit .... Drawing bill of costs and copy for the Master (folios 13) Copy for A. B Notice of taxing ..... Attending taxation of this bill of costs . Sittings' fee Paid taxing fee on solicitor and client bill of A. B £ - J (; 2 () s. d. ■i 4 8 4 4 3 4 13 4 8 8 ■i 4 4 - G 8 15 - 34. COSTS OF ENFORCING AWARD BY ORIGINATING SUMMONS WHERE NO ACTION.- In the matter of an arbitration Between A. B. AND C. D. HILARY SITTINGS, 1895. +; Instructions to apply to enforce award . Originating summons .... Attending to get same sealed Paid issuing ...... Copy to file (per folio, 4^/.) . Instructions for affidavit in support of appli- cation ...... Drawing same (folios ) at per f oho Engrossing at per folio .... Copy award to exhibit (folios ) at per folio Copy summons for opposite party (folios ) at per foho ..... Copy award for him (folios ) at per folio Service of summons .... If at a distance writing agent to serve . Paid his charges (including affidavit of service) ...... Attending the summons, when the Master made the order .... d. £ 10 s. d. (5 8 13 4 (5 8 (5 8 1 - - 4 - 4 _ 4 - 4 i) - 3 G G 8 * Under section 12 of the Arbitration Act, 1889. Q. B. D.— Plaintiff's Costs.] 320 Paid for the order Copy service on solicitor vrlio appeared for opposite party ...... Or if no solicitor attended to show cause, writint^f aj^^ent to serve the order . Paid his charjjes ...... Paid filin<; atlidavit in support of application . Also paid filiu<2^ allidavit of service of tlie summons if the order drawn up on atlidavit of service ...... Drawing costs and copy at per folio Copy for opposite party (if he or his solicitor attended to show cause) at 4^/. per folio Notice of taxing (in the like case) . Attending taxing Letters and messengers s. 10 (I. £ s. (I. - 3 G -36 -26 2 G 35. COSTS OF EXAMINATION OF JUDGMENT DEBTOR. Between A. B., Judgment Creditor, AND C. D., Judgment Debtor. Summons for examination of judgment debtor, copy and service .... Paid stamp Attending filing (if filed in lieu of service) Attending summons, order made . If judgment debtor does not attend, and copy of summons served, charge Affidavit of service * . Office copy summons .... Paid filing affidavit of service Marking exhibit ..... Paid commissioner .... Paid for order Copy and service If sent to an agent to serve, usual charges for agent serving ..... Attending Master for appointment for the examination ..... Paid stamp ...... (If examination more than 1 hour, 10s for every subsequent hour.) £ - 3 (L £ d. 10 - -36 -34 * If the defendant did not appear in the action the copy summons is filed instead of being served, and an order is made on an office copy of the summons filed, in lieu of on an affidavit of service. Q. B. D.— Plaintiff's Costs.] 327 Attending examination (If more than an hour increase charge in proportion to time occupied.) If counsel attend to examine the debtor charge instructing counsel ..... Paid his fee and clerk (according to length of sitting) ....... Attending him ...... £ s. (I £ 3 5 G s. 13 d. 4 - 13 4 -68 u - 6 8 . - 1 6 - 2 6 - 6 8 . - 5 - - 6 - - 6 8 . - 5 - — o 6 36. COSTS OF OBTAINING OEDER FOR ATTACHMENT OF DEBTS OWING TO JUDGMENT DEBTOR. £ s. d. £ s. d. Instructions for affidavit of judgment creditor in support of application for garnishee order '''.... Drawing same (at per folio, Is.) Engrossing (at per folio, M.) Attending deponent to be sworn Paid oath .... Paid filing .... Attending the Master when order 7iisi made Paid for order, copy and service on garnishee Attending on return of order nisi when order made. .... Paid for order copy and service (If garnishee dispute his indebtedness, and an order be made for trial of an issue, the costs of trial will be as in ordinary cases.) (If the garnishee does not attend, charge for afiidavit of service of the order Jiisi.) (If the garnishee produces an affidavit denying his indebtedness, charge perus- ing it at -if/, per folio.) (And in agency cases close copy.) (If trial of issue ordered, charge drawing issue 10s.) (Copy for garnishee's solicitor.) If form of issue agreed, attending adverse solicitor for his consent thereto . If not agreed, attending Master for appoint- ment to settle .... Notice thereof .... Attending appointment Paid fee .... . Copy issue as settled (at per folio, 4\rENT UNDER ORDER 14, WHEN LEAVE TO DEFEND GIVEN. SUMMONS TO CONSOLIDATE ACTIONS AT PLAINTIFF'S REQUEST. ACTION DISMISSED FOR WANT OF PROSECUTION. IN THE HIGH COURT OF JUSTICE. Queen's Bench Division. Between, &c. The costs of the defendant to be taxed pursuant to Order dated May 27th, 1895. ^___ HILARY SITTINGS, 1894. March 7. Instructions to defend Attending entering appearance Paid* ..... Notice thereof, copy and service Perusing statement of claim Perusing athdavit in support of summons for judgment under Order 14 (folios lU Instructions for affidavit in opposition to summons for judgment Drawing same (folios 7) Engrossing .... Attending defendant to be sworn Paid oath . Copy affidavit for plaintiff's solicitors Paid filing affidavit Attending summons for judgment, when leave to defend given with costs defendants in any event ..... Order, copy and service Paid order May 17. Instructions to oppose appeal Copy writ to accompany The like summons for judgment . The like Master's order The like notice of appeal The Hke affidavit of plaintiff's secretary in support of summons . The like of defendant in opposition Attending bespeaking affidavit to be befor Judge on appeal Fee to counsel with brief and clerk Attending him .... 20. Attending appeal before Judge, same _ •:> _ - 1 G - 2 G E s. d. - G 8 - G 8 - 4 - -68 -34 - G 8 - 7 - -24 - G 8 -24 5 - G 8 3 G G 8 1 - 1 - 1 - 1 - 2 _ •) 4 3 4 2 4 G - G 8 * If more than 1 defendant, in addition for every defendant beyond the first Is., and stamp 2s. Q. B. D.—DefemlanVs Costs.] 330 adjourned at plaintiff's request and by direction of Judp;e . . . . . Perusing- further affidavitof plaintiff's secretary in support of appeal Copy thereof for counsel . . . . Attending bespeaking aflidavit to be before Judge in Chambers . . . . . Attending adjourned appeal when same dis- missed with defendant's costs in any event and certificate for counsel . . . . Paid for order ....,, Copy and service thereof . . . . 22. Attending plaintiff's solicitors, obtaining consent to further time for delivery of defence ....... April 2. Attending plaintiff's solicitors, obtain- ing consent to time for delivery of defence . Sittings' fee . EASTER SITTINGS, 1894. 4. Instructions for affidavit in opposition to summons to refer action to County Court Drawing same ..... Engrossing ...... Attending defendant to be sworn . Paid oath ...... Copy affidavit for plaintiff's solicitors . Paid filing affidavit .... G. Attending summons to refer to County Court, when Master made no order except that costs be in cause .... 13. Attending plaintiff's solicitors, obtaining consent to further time to deliver defence . On receipt of instructions writing plaintiff's solicitors, that we were instructed to consent to an order for consolidation of the 2 actions May 2. Attending plaintiff"s solicitors, arrang- ing consent for 10 days' further time for defence after order for consolidation . Attending summons for order to consolidate actions, when same adjourned at plaintiff's request Sittings' fee - u - 1 G 2 G s. d. G 8 3 4 3 4 -34 -68 -36 -68 -68 - 15 - 6 8 6 - 2 - 6 8 9 _ 6 8 6 8 3 6 6 8 6 8 15 - TRINITY SITTINGS, 1894. 23. Attending adjourned summons to consoli- date actions, same further adjourned at plaintiff's request ..... Attending adjourned summons, same further adjourned at plaintiff's request to enable solicitors to obtain their client's instructions as to all proceedings to be left in Queen's Bench Division ...... -68 -68 Q. B. D.—DefendanVs Costs.] 331 June 8. Attending adjourned summons, same adjourned generally at plaintiff's re(iuest . *Having perused copy petition to wind up plaintiff' company, writing letter to the liquidator, enclosing him as requested copy of Mr. 's affidavit of 10th March last Copy affidavit to enclose .... Letters, &(;. ....... (L £ - HILARY SITTINGS, 1895. Jan. IG. Writing the liquidator at his request with copy affidavits and writ herein on his undertaking to return same to us on demand Writing letter to the liquidator requesting return of the documents lent to him on the 11th instant, in pursuance of his undertaking to do so, and clerk's attendance to obtain the same ....... March 8. Writing plaintiff's sohcitors fully on matter and suggesting course to be pursued to bring the action to a close 9. Writing plaintiff's solicitorslin reply to their letter of the 8th instant hereon . G 8 3 6 3 G EASTER SITTINGS, 1895. May 10. Summons to dismiss action for want of prosecution, and attending to issue and copy for Chambers .... Paid issuing Copy for service and service thereof 27. Attending summons, when order made in terms of summons .... Paid for order copy and service Drawing bill of costs and copies (folios 15) Notice to tax copy and service Attending taxing Sittings' fee Letters, messengers, &c. 3 - 5 - 4 - 6 8 3 6 15 - 4 - G 8 15 - 10 G * Perusing petition to wind up the plaintifi company, and various attendances on plaintiff's solicitors and letters thereon not allowed on taxation. Q. B. D.—DfifendanVs Costs.] 332 2. DEFEXDAXT'S COSTS OF TRIAL AXD APPEAL. ACTIOX BROITJHT BY DIRECTION OF A JUDGE OF THE CHAXCERY DIVISIOX IX THE XAME OF THE AD.MIXISTliATRIX OF A COXTRACTOR, DECEASED, A(;AL\ST HIS EilPLOYERS FOR AX ALLECED BALAXCK DUE TO THE ESTATE OF THE DECEASED (ACEXCY). IX THEHICTI COURT OF JUSTICE. Queen's Bench Division. Between A. B., &c. 1894. Dec. 10. Iiistnictions to defend . Attendiny- <>'iviim- undertaking to appear Perusing statement of claim . Appearance ...... Paid entering Notice thereof, copy and service . Copy memorandum for ]ilaintiffs' solicitors 24. Xotice of removal of proceedings to London, copy and service on plaintiffs' solicitors ....... The like on District Registrar Copy affidavit in support of application under Order 14 for country (folios O)''- Perusing same ...... Instructions for affidavit in reply . Drawing same (folios 1;"J) . Engrossing atlidavit . . . . . Attending de])onent on his being sworn . Paid oath and exhibits . . . . . ]\Iarking 3 exhibits 1895. Jan. 1. Copy affidavit in opposition to summons for judgment for plaintill's' solicitor (folios 15) Notice of attending summons by counsel, copy and service . . . . . 4. Attending summons, when same adjourned until the J 2th instant . . . . 9. Instructions to Mr. J', to attend and oppose plaintiffs' summons for judgment Brief copy summons for him . . . . The like of allidavits in support and oppo- sition (together folios 24) . . . . Fee to Mr. P. and clerk . . . . Attending him . Letters, &c (I _ 9 _ -46 - 8 (I 8 8 8 8 - (] - (J - (; - (5 - 4 - - 4 - - 3 - - 3 - - (; 8 - 15 - - 5 - -08 - 3 - - 4 - (5 8 C 8 1 - 2 4 G (; 8 5 - * Charge close copies of all plaintiff 's pleadings, affidavits and notices and of special orders. Q. B. D.—DefendanVs Costs.'] 333 HILARY SITTINGS. £ s. (J. £ s. (I. G 8 4 4 G 8 1 - 4 4 4 4 G 8 17 - Jan. 12. Atteiidin Feb. 2. Instructions to ]\[r. P. to attend and oppose plaiutills' appeal against order for particulars - G 8 Brief copy notice of appeal for him . . - 1 - Fee to him and clerk . . . . . 2 4 G Attending him ...... - 6 8 3. Attending plaintiffs' appeal, when Judge varied the Master's order for particulars, costs to be costs in the cause ... - Copy order ....... - 4. Attending plaintiffs' sohcitor obtaining 7 days' further time to deliver defence . . - 1 1 . Summons for further time to deliver defence - G - - Copy and service ...... - Copy summons to file ..... - 12. Attending summons when order made for further time to deliver defence ... Notice thereof, copy and service ... 13. Copy statement of defence for printer (folios ) at per folio .... - - 4 Examining proof at per folio .... - - 2 Paid printer's bill . . . . . Copy defence to deliver .... - 2 10 Preparing request and attending paying money into Court under defence denviu"' lial)ilitv . - G 8 () 8 1 - G 8 3 - 3 G 1 - G 4 8 Q. B. D.—DeJemJanVs <7os/s.] 33i £ s. (I £ *\ d. Vii'u\ fee . . , . . . . _ 1 _ Attendiuir to deliver defence .... - 3 -i IG. Attending- plaintiHs' summons for dis- covery, when order made .... -08 Copy order _ 1 _ 27. Attendinjif plaintilfs' ay-ents, ol)tainin, _ 9 _ d. 8 8 8 — o — HILARY SITTINGS, 1895. Instructions for defence Drawing same ..... Copy to deliver (folios 5, at -iil.) . Attending to deliver .... Summons to dismiss action, copy and service^ Attending summons, order made unless plain tiff proceeded in a week Paid for order Copy and service . Drawing judgment Attending to enter Paid . Copy for office copy (at per folio, id.) Paid marking (at per folio, '2d.) Drawing bill of costs and copy, and copy for plaintiff's solicitor Notice of taxing . Attending taxing . Term fee - 10 - 6 8 5 - 1 8 3 4 7 G G 8 3 6 3 4 6 8 — 4 - 6 8 15 - * If the plaintiff does not within 6 weeks from the close of the pleadings, or within such extended time as may be allowed him, give notice of trial, the defendant may apply to dismiss the action — Order 36, R. 12. Q. B. D.—DefendcmVs Costs.'] 342 5. DEFEXDAXT'S COSTS OF ACTIOX AND REFEREXCE TO ARBITRATIOX. IX THE IIIGU COURT OF JUSTICE. Queen's Bench Division. Between A. B., I'laintiff, AND C. D., Defendant. HILARY SITTINGS, 1894. Instructions to defend ..... Attending plaintifr.s solicitors, accepting service of writ, and giving undertaking to appear Attending entering appearance Paid Xotice thereof with duplicate memorandum Letters, &c, ...... EASTER SITTINGS. Perusing statement of claim . Instructions for statement of defence Drawing same ( folios, at Is.) Attending plaintiff's solicitor, obtaining further time to deliver statement of defence Fee to counsel to settle defence Attending him Copy statement of defence to deliver, at per folio Attending delivering same Perusing reply ..... Summons that action be referred to a special or official referee, and copy for Chambers Paid for summons .... Copy and service ..... Instructions for affidavit in support ])rawing same (folios 5) Engrossing same ..... Attending deponent on his being sworn J 'aid commissioner .... Copy for plaintiff's solicitor . Paid filing Instructions to counsel to attend summons Copy summons for him The like affidavit Attending counsel with brief Paid his fee Attending summons, order made referring the cause to an official referee, unless the parties agreed to a special referee within 14 days . iL £ - 6 •> _ - 3 - - 1 G 2 6 2 4 (I - 6 d. 8 -08 -68 - 5 - - 3 - 6 8 G 8 3 4 - 4 8 4 G 8 4 - 3 6 6 8 5 - 1 8 6 8 -68 Q.B.D.—DefendanVs Costs.'] 343 Paid for order Copy and service ...... rerusiiii; plaintiff's affidavit in ojiposition to summons (folios 7) . Instructions to counsel to attend on plaintiff's appeal from ^Master's order Paid his fee and clerk ..... Attending him Copy order to accompany his brief The Hke plaintiff's affidavit and notice of appeal (folios ) Attending bespeaking the affidavit used before the ]M aster ...... Attending appeal from the Master's order, when Judge dismissed the appeal, costs to be costs in the cause, and counsel certified for ....... • Attending plaintiff's solicitors, giving consent to 7 days' further time in which to agree to special referee ...... "Writing him with 6 names to see if they could agree to a special referee . Term fee — 2 4 G d. -24 - G 8 - G 8 G 8 3 6 15 - TRINITY SITTINGS. Attending plaintiff's solicitors, when we agreed to Mr. A. as special referee Attending instructing 2 witnesses to qualify . Having received di'aft letter from plaintiff's solicitors, to be forwarded to the special referee, attending them agreeing to the form ........ Instructions to counsel to advise on evidence . Attending him therewith . . . . Paid fee to him and clerk . . . . The special referee having written us suggest- ing certain days for the reference, attending plaintiff's solicitors, agreeing to a time which would be convenient (The charges for notices to produce and admit, perusing the plaintiff's notices, inspecting and making admissions, as at p. 370.) Instructions for brief .... Drawing same ( folios, at Is.) . Copy for counsel and copies of documents at -id Attending counsel with brief Paid counsel's fee and clerk . Attending appointing conference . Paid counsel's fee and clerk . Attending conference .... Attending plaintiff's solicitors on their request- ing the arbitration might be adjourned. G 13 - 6 - 6 4 6 1 6 - 6 8 - 6 8 11 - - - 3 13 Q, 7;. D.—Dpfemlant's Costs.'] 344 their counsel being unable to attend, and agreeing thereto ..... "Writing the arbitrator explaining and fur another appointment ..... The arbitrator having written postponing the meeting from the 10th to the 20th instant, writing plaintitl's solicitors informing them (If the witnesses are to be subpoenaed, charge for the subpoenas and copies and services. If they will attend with- out su])pocnas, charge Cs. ^d. attending each witness so arranging.) Writing !Mr. B. informing him of the appoint- ment ....... The like ^h. C The like Mr. D The like Mr. E The arbitrator having required to view the premises, attending with arbitrator, counsel, &c Paid fee to counsel on view and clerk Attending him ...... Attending arbitration at . PlaintiflF's case lasted the whole day, and arbitrator adjourned further hearing to instant, same to take place in London Paid expenses (hotel) . Paid railway and cab fares Refresher fee to Mr. A. and clerk Attending him Brief copy of the evidence taken at the last meeting for him (per folio Ad.) . Writing Mr. B. with notice of further appoint ment to proceed with arljitration The like Mr. C The like :\rr. I) The like Mr. E Attending adj(jurtied ailjitration. (Engaged all dayj ...... Attending taking up the award Paid arbitrator's fees .... Drawing judgment, &c., as usual . Paid witnesses as folhnvs (insert payments) d. £ 10 1 1 1(1 - s. d. 6 8 3 G 3 6 3 () 1 Cy 1 C. 1 (; G 8 3 - G 8 3 G 1 6 1 G 1 G - G Q.B.D.—DrfcndanVs Costs.'] 345 G. DEFEXDAXT'.S COSTS OF ACTION OX HIS OBTAINING JUDGMENT AGAINST THIRD PARTY. Between A. B., Plaintiff, AND C. D., Defendant, AND E. F., Third Party. HILARY SITTINGS, 189 Instructions to defend .... Attending accepting service of writ Attending entering appearance Paid .' Notice tliereof and duplicate appearance Perusing statement of claim . Instructions for affidavit in support of appli cation for third party notice Drawing and engrossing same (folios G) . Attending to be sworn .... Paid oath Paid filing * Attending the Master for fiat Paid fee Drawing third party notice and copy to file Attending issuing same Paid . Copy for service ..... Copy writ for service .... Service Attending searching for appearance (none entered) ...... Paid search ...... Perusing plaintiff's affidavit in support of summons under Order 14 (folios 10) . Summons for judgment against third partj and copy to file Paid sealing ..... Copy for office copy .... Paid marking Attending filing same in default of appearance Affidavit of service .... Paid oath and filing .... Attending defendant's summons for judgment against third party, same adjourned to be heard with plaintiff's summons under Order 14 (L £ - 2 G 3 - 4 - s. (I. G H G 8 G 8 5 _ G 8 G 8 s - G 8 - G 8 G 8 G 8 1 _ 1 - - 3 4 4 - 1 4 3 4 5 - G 8 * No attendance filing affidavit allowed, it beinc the application is made. filed at the same time as Q. B. D.—DefendanVs Costs.'] 346 Attendin«j bespeaking aftidavit filed in support of third party, application for use on the liearing of defendant's summons Attending plaintiff's summons for judgment, order made Attending defendant's sunnnons for judgment against third party, order made with costs of action against third party Paid for order ...... Ct»py to keep on filing original Attending plaintiff's solicitors paying them the amount of their judgment and costs Drawing judgment against third party Attending to sign judgment . Paid Copy for office copy Paid marking .... Drawing costs and fair copy (folios ) Attending taxing .... Sittings' fee . £ s. d. £ s. d. 10 - - G 3 4 8 6 8 1 - ,s 4 8 6 8 15 - 7. JUDGMENT AFTER TRIAL BY AN OFFICIAL REFEREE. TRINITY SITTINGS, 1893. July 10. Instructions to defend Attending, giving undertaking to appear Perusing special indorsement of claim . 18. Attending entering appearance Paid Notice thereof, copy and service Duplicate memorandum of appearance accompany ...... Summons for particulars of claim and attending issuing ....... Paid to — o — Copy for Chambers Copy and service Aug. 1. Attending summons when order made ....... Order, copy and service .... Paid Oct. 15. Instructions for defence and counter- claim ....... Drawing same (folios 0) Attending counsel with papers to settle . Paid his fee . Term fee ....... 29. Attending plaintilf 's solicitor, discussing question of compromise, and obtaining 4 6 - (; - (5 - (; - - 1 - 1 - 15 d. 8 8 8 8 4 - 3 - (') 8 3 6 13 4 9 - G 8 Q. B. D.—DefendanVs Costs.] 347 consent to 10 days' further time for defence ....... Nov. 1. Summons for time for defence and counter-claim, copy to file and attending issninu; ....... Paid .' Oopy and service 2. Attending summons for time, when order made for 10 days Notice of order, copy and service . 12. Copy defence and counter-claim for delivery (folios 0) . Preparing request for payment into Court under Order 22, Eule G, and copy for Bank of England, and attending paying £ into Court and obtaining certificate . Paid stamp ....... Delivery of defence . . . . . 20. Attending plaintifi"s summons for par- ticulars when order made . . . , 26. Attending plaintiff's solicitor and applying for time, preparing summons for time for particulars, copy to file and attending issuing ...... Paid Copy and service ..... 28. Attending summons for time for particu lars, order made for 4 days Preparing particulars of defence and counter- claim (folios 10) Attending delivering particulars . Dec. 12. Attending giving consent to 10 days time for reply ..... 23. Attending giving further time for plaintiff's reply. .... Perusing reply ..... Term fee £ s. (I £ - 6 - - 1 - G - s. d. 6 8 5 - 3 6 6 8 ■4 - 6 8 3 4 6 8 5 - 3 G G 8 G 8 3 4 6 8 G 8 G 8 15 - HILARY SITTINGS, 1894. Jan. 15. Summons for particulars of reply and defence to counter-claim, and copy to file, attending issuing .... Paid Copy and service ...... 21. Attending summons for particulars of plaintiff's reply and defence to counter- claim, when order made .... Paid for order ...... Copy and service ...... 28. Attending consenting to order fur refer- ence at plaintiff 's instance .... Feb. 10. Attending plaintitt"s summons for discovery of defendant's documents . - 3 5 - - 4 - -36 - 6 S -36 - G 8 -68 £ s. (L - 13 4 - () 8 - G 8 - (5 8 •> _ _ - G 8 - 13 4 - G 8 - G 8 1 G 2 G Q. B. D.— Defendant 's Costs.'] 348 £ s. (J. Instructions to counsel to advise on evidence . Attending)- him therewith .... Paid fee 2 4 G 20. Attendinjr obtaining; further time for affidavit of documents .... Instructions for affidavit of documents . Drafting- affidavit of documents (foHos 40) . Attending instructiai: ]Mr. (an expert) to inspect the buildiniis and "five evidence ....... Attending plaintiff's solicitor and arranging for inspection of plaintiff 's documents with- out a summons ...... Engrossing affidavit of documents (folios 4o) . Attending plaintiff''s solicitor and obtaining consent to further time for affidavit of documents ...... 2G. Attending deponent on his being sworn . Paid oath ....... Paid filing ....... Notice of filing, copy and service ... - 4 — ]\Iarch 2. Attending searching cause list and attending official referee's clerk, and ascer- taining arrangements as to other cases . - 3 4 10. Attending searching cause list and at- tending ascertaining progress with prior cases - 3 4 12. Attending plaintiff's solicitor and giving inspection of defendant's documents. (Engaged 2 hours) ..... - 13 4 Attending plaintiff"s solicitor at his office and obtaining his consent to fixing a date for the hearing (to save expense), and as to the mutual inspections of documents, and arranging ....... - G 8 If). Attending giving continued inspections of documents. (Engaged upwards of 2 hours) - 13 4 17. Attending plaintiff's solicitor on the official referee's refusal to fix a day for trial, and arranging (for the convenience of witnesses) for the action to be marked not to be tried before the 2;Jth instant . . - G 8 28. Attending plaintiff's solicitor at his office inspecting his documents. (Engaged 2 hours) - 13 4 30. Attending at plaintiff' 's solicitor's office and inspecting remainder of his documents - G 8 Term fee ...... . - 15 - EASTER SITTINGS. April 1. Making copy defendant's particulars for Mr. , expert witness, in report- ing on the items (folios s) . . . - 2 8 The like of plaintiff"s particulars (folios 12) . - 4 - Q. B. D— Defendant '5 Costs.'] 349 ) 4 - 5 4 1 - - 2 - - - 5 7 4 10 — 13 4 - ?> () - G 8 - G 8 Q. B. D.—Dcfenda7U's Costs.'] 350 £ s. d. £ s. d. Phiiiitifrs notice to admit (totrcther 20 folios) -08 Deteinlant's notice to produce (together 3G folios) ", , _12- Defendant's notice to admit (together GO folios) ....... 1 - - ^Selected correspondence (together 700 folios). 11 13 4 Copy selected correspondence for the official referee asked for by him (folios 3.")0) . . a K; 8 10. Attending searching cause list and ascer- taining from the official refei'ee's clerk the progress made - 3 4 Attending official referee's clerk and ascertain- ing that case next for trial, suljject to old case marked for special day ... - 3 4 12. As requested by plaintiff's solicitor, attend- ing olficial referee's clerk and obtaining case marked not to be tried before the 2Gth, as he would not fix a day for the trial . . - 3 4 14. Writing him in reply to his letter and reporting marking of case .... 20. Attending Mr. A. with l)rief, &c. . Paid his fee IG 10 - Attending :Mr. B. with l)rief, &c. . Paid his fee . . . . . . ^ n _ _ Attending official referee's clerk and ascertain- ing that case likely to be reached on the 2Gth instant ..... Attending fixing consultation Paid consultation fee to senior counsel . . 2 Paid consultation fee to junior . . .1 24. Preparing notice to produce (folios 18) Copy for service ..... Preparing notice to admit (folios 30) Copy for service Service of both notices .... Attending consultation .... Perusing plaintiff's notice to produce . The like notice to admit 25. Attending searching list and ascertaining that case not in for to-morrow, although so mai'ked . - 3 4 26. Attending inspecting plaintiff's documents under notice to admit .... - fi 8 July 3. Attending searching cause list . . - 3 4 Writing Mr. as to his non-attend- ance before Monday ..... - 3 6 10. Attending searching cause list, and was informed that the ])ending case would last another week ...... -34 Writing defendant to attend on hearing of cause ........ - 3 6 - 3 - G 4 8 - 12 - G - 1 - - 10 _ 2 - 13 - G - G G 4 8 8 * For copies of correspondence the Master will only allow for as many folios as he thinks are necessary See Order 65, R. 27, Sub-Rule 9. Q.B.D.—DefemhnVs Costs.'] 351 £ s. d. £ .s. (I. The like to each of the other witnesses . . -Id 12. Atteiidiu<;- Court wheu trial coinincnced. (En- ]\[r. (counsel) and marking refresher ..... - 6 8 I'aid him . . . . . . .7 12- Attending Mr. (junior counsel) and marking refresher ..... - G 8 Paid him 5 10 - Attending Court all day, when plaintiff's cross- examination continued, but not concluded at rising of the Court .... 38- Pursuant to the official referee's suggestions, attending the plaintiff's solicitor and arranging for the question of amount of the remaining figures in the counter-claim being left to expert (subject to the question of liability) - G 8 15. Attending Mr. ■ — (counsel) and marking refresher ..... - G 8 Paid him 7 12- Atteuding junior counsel and marking re- fresher ....... - G 8 Paid him 5 10 - Attending meeting between our expert and plaintiff's, and plaintiff's solicitor, engaged 2 hours in endeavouring to agree figures as suggested by the official referee ... - 13 4 Attending Court all day .... 33- IG. Attending (counsel) and marking re- fresher ....... - G 8 Paid him 7 12- 17. Attending Mr. (counsel) and marking refresher ..... - G 8 Paid him 5 10 - Attending Court when trial proceeded with and judgment given for defendant with costs, and the official referee directed £ of the money in Court to be paid out to defendant, and that the remainder should await taxation of costs ....... 33- 20. Attending the official referee's clerk and paving £4, the balance of his fees . . - 6 8 Paid' .^ ^ " ~ I\\id for order - 2 G 24. Attending bespeaking office copy order . - G 8 Paid therelbr - - Copy for plaintiff's solicitor .... Attending serving ..... - 2 G Drawing judgment ..... ~ '^ ^ Attending to enter - G 8 Paid entering judgment and for office cojty . - lo G Preparing defendant's authority for payment out of Court of £ , and attending - 1 4 Q. R. D.—DefendanVs Costs.'] 352 £ s. d. £ s. d. lodging same for signature and entry with the paymaster, and subsequently to receive the amount ...... - 13 4 Drawiui^- bill of costs and copy (folios ) at per folio' - - 8 Copy for ]»l;iiiitin"s solicitor ({"olios ) at per folio ........ - - -i Attending obtaining appointment to tax . -3-1 Notice, copy and service .... - 4 - Attending taxing ...... Term fee ...... . - 10 - Paid witnesses ^. DEFENDANT'S COSTS OF OPPOSING MOTION TO SET ASIDE AWAED. IN THE HIGH COURT OF JUSTICE. Queen's BE^X'H Division. In the matter of the Arbitration Act (1889) in an Action, AND In the matter of a Submission to Arbitration. Between A. B., Plaintiff, AND The Company, Ltd., Defendants. EASTER SITTINGS, 1894. d. £ s. d. May 1. Instructions to oppose proceed- ings about to be taken by plaintiff to set aside award ...... - G 8 AVriting plaintiff's solicitor that wc were instructed to represent defendants in any proceedings his client might be advised to take Aug. 1. Attending plaintiff's solicitor on his serving us with notice of motion to set aside award with copy affidavit of plaintiff in support, and accepting service thereof on defendant's behalf ..... - G 8 Fair copy notice of motion (folios G) . . - 2 - I'erusing plaintiff's alhdavit in support of notice (folios 75) .... . 15- Close copy ....... 15- Agcnt's attending searching list and found this case was set down and there were about 5o before it, and telegraphing accordingly that it could scarcely be reached these sittings . - 3 4 us Q. n. D.—DofendanVs Costs.'] 3r)3 5. Instructions for affidavit of Mr, - in reply to plaintiff's affidavit 7. Drawing- same (folios 5) . Enfi'rossing ..... Attendin) ... Engrossing ...... Attending him on his being sworn . Paid commissioner's fee The like instructions for affidavit of Mr. Drawing same (folios 3) . . . Engrossing ...... Attending him on his being sworn . Paid commissioner's fee The like instructions for affidavit of Mr. Drawing same (folios 14) Engrossing ...... Attending him on his being sworn . Paid commissioner's fee Fair copy following further affidavits to accom pany brief. ..... Affidavit of plaintiff (folios 25) The like of his solicitor .... The like of j\Ir. (folios 14) . 6. Agent's notice to Messrs. of inten- tion to read same, copy and service Attending on counsel wich brief copies of plaintitrs further affidavits in reply, and ours in reply to his ..... Paid his fee and clerk 7. Attending Court all day, when this motion argued and refused with costs Attending drawing up order .... Paid stamp ....... Copy and service £ s. £ s. d. 1 6 1 6 1 G 1 3 6 - 1 - 1 1 - 8 4 8 4 8 - 8 - 8 G - ■2 - G 8 G 8 3 - 1 - G 8 G 8 14 - 4 8 G 8 -84 - 8 - -48 - 4 - -34 2 2- -34 -46 Q. JL D. — DefendanVs Costs.'] Vybb Close copy .... Paid filinir further artidavits . Sittinii-s' tec, &c. . Drawiii<,r bill of costs and copy for taxation (folios 20) . Copy for defendant's solicitor Notice of taxinii' copy and service Attendinji' taxing . Paid / . Extra letters, &c. . £ .?. Attending him ..... Conference fee to him and clerk Attending conference .... 18. Attending before Judge in Chambers, in junction refused .... 24. Plaintiff having given notice of discon tinuance, drawing bill of costs and copy for plaintiff's solicitors (fohos G) Notice of taxing, copy and service . 80. Attending taxing .... Sittings' fee . (/. £ s. d. - 13 4 - 7 8 - 4 - - G 8 - 8 4 - G 8 - 7 — - 2 4 - 6 8 - 5 - - 1 8 - G 8 G G • - G 8 G G 13 4 12 4 1 8 2 _ G 8 13 4 13 4 6 - 4 - 6 8 15 - Q. ]]. Jj.—Dcfnvhinrs Costs.'] 308 11. DEFENDANT'S COSTS. INTERIM INJUNCTION DIS- SOLVED AND AlTTJrATION FOR TX.TrXCTION DISMISSED. Between, &c. TRINITY SITTINGS, 1895. Oct. II. Instructions tu oppose plaintiffs application for injunction . . . . Perusin^r affidavit of plaintiil in support of application (folios 10) . . . . Paid plaintifl"s aj^-ents for copy mortga h Paid . 1 - - Copy for office copy and paid marking . 3 3 - 10 - 1 1 - -34 -34 1 (•) Q. 11. D.—DrfemlanVs Costs.'] 3G2 Drawing costs and 2 copies (folios Notice to tax, copy and service Attending taxing . Sittings' lee .... Letters, &c. .... "Witnesses .... 20) £ .9. i1. £ s. 1 G - 4 - 13 - 15 - G 13. DEFENDANT'S COSTS. STAKEHOLDER'S INTER- PLEADER. ACTION AGAINST BANK FOR CHEST OF PLATE DEPOSITED BY DECEASED PERSON. Between, &c. MICHAELMAS SITTINGS, Dec. . Instructions to defend Attending giving undertaking to appear Attending entering appearance Paid Notice of appearance, copy and service . Duplicate appearance .... Perusing statement of claim . Close copy (folios at 4^/. per folio if agency) Sittings' fee Letters, &c. (if agency) HILARY SITTINGS, 1895. Jan. . Attending obtaining consent for time to deliver defence Instructions for defence Drawing same (folios 7) Fee to counsel to settle . Attending him Instructions to interplead Instructions for affidavit in support ])rawiug same (folios at l.s. per folio) (Insert further usual charges for affidavit.) Summons to interplead, copy and service Copy and service on claimant Feb. . Attending interpleader summons, when same adjourned for answer to affidavit Perusing claimant's affidavit (folios at id. per folio) ....... Close copy (if agency) ..... Attending summons adjourned till after originating summons in the Chancery Division disposed of, with stay of proceed- ings in this action in meantime Sittings' fee, letters, &c. (if not agency lo.s.) . 1894. £ d. £ •> _ - 3 s. d. G 8 (] 8 6 8 4 _ 1 - 6 8 15 _ G - G 8 G 8 7 - 3 4 G 8 G 8 7 G 3 G - G 8 6 8 1 - Q. B. D.—Drfemlanr^ Cosh.-] 3G3 TRINITY SITTINGS. £ Having received intiiiiiition of the decision of the Judge of the Chancery Division as to the parties entitled to sliare in the plate, attending entering the adjourned summons in the list, and notice thereof to plaintiff . - 4 The like to claimant ..... - 4 Attending adjourned summons, order made for plate to be handed to plaintiff for distribu- tion - <> Order, 2 copies and service . . . . - 5 - Attending handing over plate and taking 'receipt - 6 Drawing bill of costs and 3 copies (at Is. id. per folio) Tavo notices of taxing, copies and service . - 8 Attending taxing - (» Paid taxing Sittings' fee 11 - i — 14. STAKEHOLDER'S INTERPLEADER BY ORIGINATING SUMMONS AS TO RIGHTS OF SEVERAL PARTIES TO PROPERTY IN HIS POSSESSION. Between, &c. MICHAELMAS SITTINGS, 1894. £ s. (1. £ s. il Nov. 12. Attending client on his calling bringing copy order of the Divorce Court served on him as to goods deposited with him by Mr. A. which were alleged to be Mr. B.'s, perusing correspondence with the various parties claiming the goods, and taking instructions to interplead Preparing interpleader summons . Attending to issue summons .... Copy for Chambers ..... Paid issuing . , . . . . . - 10 - Copy for service on Islv. B.'s solicitor Attending for acceptance of service Copy for ]\Iessrs. .... Copy for IVIessrs. .... Attending obtaining acceptance of service of both .^ - 13 4 Instructions for affidavit in support of summons ....... (Insert the usual charges for affidavits and copies for each party.) 21. Attending interpleader summons when same adjourned by Master to enable the parties to consider the affidavits . - 13 4 - i; 8 - G 8 _ •) — _ 2 — - G 8 - •:> - - G 8 - a, ^ Q. B. B.—DefmdanVs Cosh.'] 3G4 d. £ Pernsin,-iven to inspect the goods , - 13 4 Paid stamp on order . . . . . _ lo _ Copy and service on each party's solicitors , - 4 6 Dec. 5. On receipt of letter from one of the claimant's solicitors to inspect the goods, writing other claimants' solicitors inform- ing them of the appointment ... _ 3 g Writing client informing him of the appoint- uient ....... _ 3 (] 10. ^Attending at client's warehouse at South Kensington, meeting the several parties and their solicitors, when the cases of goods were opened for inspection .... 1 1 _ Sittings' fee _ 15 _ HILARY SITTINGS, 1895. Jan. 30. Attending at the associate's office producing original interpleader order, when the plaintiff entered the cause for trial . - 6 8 Feb. 1. Instructions for brief on hearing inter- pleader issue . . . . . . '2 2- Drawing same (folios 72) .... 312- Fair copy ....... 1 4 _ Copy correspondence for counsel (folios -45) . _ 15 _ The lilve interpleader order (folios 0) . . _ 2 - The like affidavit (together folios 87) . . 19- Attending counsel with brief. ... _ g g Paid his fee and clerk 3 5 G March 1. Attendances searching list during the sittings ...... - q 8 Sittings' fee _ 15 _ TRINITY SITTINGS. July 8. Attending searching list during the sittings ....... _ Q g 22. Attending Court when the case was in the paper, but not reached ... - 10 - 23. Attending Court, case heard, judgment given for the defendant witli costs, and stakeholder's warehousing charges and costs of interpleading and attending Court made a Hrst charge on the goods ... 22- Attending bespeaking copy of the judgment . - 3 4 Paid for same . . . . . , _ 4 _ Drawing bill of costs and copy, at ]s. per folio (Insert usual charges for taxation, p. 3G2) Sittings' fee _ I5 _ Q. B. D.— DefemlanVs Cost^.] 30.", 15. DEFENDANT'S COSTS OF AND INCIDENT TO HIS MOTION TO COMMIT PROPRIETORS OF NEWS- PAPER FOR CONTEMPT OF COURT. Between A. Ill the matter of B., Plaintiff, AND D., Defendant. AND E. F. as Editor E. G. as Printer of the newspaper known as and Part Proprietor, and searching- for editor, and of motion EASTER VACATION, 1895. April IT). Instructions for motion to commit . Attending at Street, London, making purchase of copies of issue com- plained of .... Drawing notice of motion (folios 5) Attending counsel to settle Paid his fee and clerk . Two fair copies for service xittending at Somerset House names of proprietors and bespeaking certificate Paid search and certificate Instructions for affidavit in suppor Drawing same (folios 7) Engrossing same . Marking exhibit . Attending deponent to be sworn Paid oath and exhibit . Paid filing .... Brief to counsel to apply to Court that motion be marked " Urgent " Fee to him and clerk Attending him Attending Court on application, when motion ordered to be marked " Urgent," and attend- ing at Court Order Office on same being so marked ..... Two copies affidavit to serve (folios ) Service of notice of motion on respondent E. F Service on respondent E. (1. . Affidavit of service .... Paid 2 oaths and exhibit Two copies of notice of motion to enter . Attending setting down motion Paid Perusing affidavit of respondent E. F. (folios 20) £ d. £ 1 3 6 G - 2 1 3 4 - .s. (L 6 8 6 8 b - 3 4 3 4 G 8 G 8 i — •) 4 1 - G 8 (; 8 3 4 - 13 4 i) — 5 - 5 - 3 4 (5 8 - G 8 Q. n. D.—Dcfen(ktnr>i Costs.] 3GG Paid for same Perusing atlida\it of ilr, Paid ibr same (fulios 4) Perusing affidavit of respondent E. (t. (folios 5) Paid for same ...... Sittings' fee £ .s. (L £ s. d. - 8 - 1 4 - 1 4 - 1 8 - 1 8 1 1 _ EASTER SITTINGS, 1895. Drawing brief on motion (folios IC.) Two fair copies ...... (Two copies following documents to accompany.) Xotice of motion (folios 5) . Affidavit of in support (folios 7) Writ of summons ..... Affidavit of service (folios 0) . Respondents' affidavit (folios 29) . Attending leading counsel with brief Paid his fee and clerk .... Attending appointing consultation Paid his (consultation) fee and clerk Attending junior counsel with brief Paid iiis fee and clerk .... Paid his (consultation) fee and clerk Attending consultation .... Perusing further affidavit bv respondent E. G (folios 4) . . . \ Two fair copies for counsel . Attending Court, motion heard, and respon dents directed to pay the costs thereof Attending searching list through sittings Attending drawing up order . Paid for same Drawing costs and copy (folios 10) Two copies for respondents . Attending obtaining appointment to tax Two notices of taxing .... Attending taxing ..... Sittings' fee . 2 7 - - 1(5 - 10 8 3 4 4 8 2 - 4 - r.) 4 G 8 G 8 (] 8 - 13 4 1 4 2 8 1 _ G 8 3 4 G 8 G 8 3 4 8 — G 8 15 - Q. B. D.—DefemlanVs 6'o.s/.s.] 3G7 10 DEFENDANT'S COSTS OF APPLTCATIOX FOR A WRIT OF ATTACH]\rENT, THE AiTLICATION BEING DISMISSED WITH COSTS. Between, &c. 1890. Oct. 5. Perusing affidavit in support of application for attachment against defend ant (folios IG) . Instructions for affidavit of defendant . Drawing same (folios 15) Fee to ^Ir. and clerk to settle Attending him Engrossing ...... Attending defendant to be sworn . Paid oath Paid ffiing ...... Copy affidavit of defendant for applicant' solicitor £ il. £ .V. d. Instructions for affidavit of opposition . Drawing same (folios G) Attending him to be sworn Paid oath Paid filing Copy affidavit of jMr. solicitor :\ir. _ 5 4 - 6 8 - 15 - . 1 ?, G - 3 -t - 5 - - 6 8 . - 1 G . - 2 G - 5 - - G 8 _ G 8 . - 1 G - 2 G for plaintiff's (Charge any other necessary affidavits as above.) Brief to counsel to oppose application for writ of attachment ...... Copy summons for counsel .... Copy affidavit of defendant for counsel . (The like of other affidavits.) Attending Mr. with brief Paid fee to him and clerk .... 15. Attending summons with counsel, same adjourned by Mr. Justice until Saturday next, the 19th instant . 19. Attending summons, same dismissed with costs ..... Paid for order Copy and service . Drawing bill of costs and copy (folios 5) Notice of taxing copy and service Attending taxing . Sittings' fee . 4 G - G 8 - 1 - - 5 - - (5 8 - - G 8 (5 8 3 5 (') 4 - (\ 8 15 - Q. B. D.—Defemkinrs Co.s7.s\] 368 17. DEFEXDAXT'S COSTS. ACTIOX AGAIXST CARRIERS FOR IX.JUXCTIOX AXD DAMAGES FOR DETEXTIOX OF GOODS. ALL QUESTIOXS DISPOSED OF BY THE JUDGE IX CHAMBERS. Betwkkx, &c. s. (L 6 8 G 8 4: - 5 4 5 4 MICHAELMAS SITTINGS, 1895. £ s. d. £ Oct. 28. Instructions to defend ... Writing plaintiff's solicitors defendants only claimed a lien for their charges . 29. Entering appearance .... Paid - 2 - Notice thereof 30. Paid for copy plaintiff's affidavit in sup- port of application for injunction . .-54 Perusing same ...... - Close copy (agency case) .... - Attending ])laintiff*'s solicitor conferring when he suggested the Judge should be asked to decide the case summarily, and I was to obtain instructions . • . . . - 3L Attending the summons, when same was adjourned for a week .... Instructions for affidavit in opposition . Drawing same (folios 15) Engrossing affidavit .... Marking 3 exhibits .... Attending deponent to be sworn Paid oath and exhibits . . . . .-46 Paid filing _ 2 6 Copy affidavit for plaintift"'s solicitors Instructions to counsel to attend summons Copy writ to accompany instructions Interim injunction .... Summons to continue same . Plaintitt''s affidavit in support Defendant's affidavit in opposition Attending counsel with brief . Paid fee 2 4 6 Attending summons, same partly heard and adjourned until the 13th instnnt, the Judge stating that the parties having consented he would then iinally dispose of all matters in dispute between the parties and hear viva voce evidence, the goods to be delivered to plaintiffs on their solicitors undertaking to pay all charges which might be found due . 6 8 Instructions for brief and taking evidence of 3 witnesses ] 1 _ Drawing same (folios 15) .... - 1.") - 6 8 6 8 6 8 15 - 5 - 3 - 6 8 Q. n. D.—DefendanVs Costs.'] 3G9 Copy thereof .... Attending counsel therewith . Paid fee Attend! n G - 13 4 3 3 - -> 10 - \ 13 4 - 10 M - 1) 4 2 8 - - 10 8 - 1 4 _ 5 4 1 - - - G - - 4 - -54 - G 8 G 8 3 4 G 8 3 4 13 4 3 4 3 3- Q. n. D.—DefemlanVs Cosif^.'] 374 Attending associate for certificate of judgment ]'aid for siinie .... Drawing judii'inent Attending to enter J*aid entering .... Copy for office copy (folios 4) Paid marking .... Preparing request for payment out of Court and attending obtaining plaintiff's consent to take same out, and attending obtaining cheque Drawing bill of costs and copy, and copy for other side (folios 42) Attending obtaining appointment to tax Notice of taxing, copy and service . Attending taxing Attending searching cause list during sittings Sittings' fee . Letters, messengers, &c. . . . . Paid witnesses .£ s. (I £ - - 8 s. d, 3 4 3 4 C 8 1 4 - 13 4 2 2- -34 - 4 - 1 1 - -08 -15 - 1 1 - li). DEFENDANT'S COSTS. ACTION ON CONTRACT. SPECIAL CASE. NO OTHER PLEADINGS. Between, &c. EASTER SITTINGS, 1895. May 18. Instructions to defend Attending accepting service of writ and undertaking to appear 23. Entering appearance Paid Notice thereof Duphcate to accompany Perusing claim on writ . Attending plaintiif 's solicitor as to raising the legal points l)y special case, to which they stated they would probably agree Letters, &c (/. £ s. (L G 8 G 8 G 8 4 _ 1 - G 8 G 8 5 - TRINITY SITTINGS. June 14. Summons for special case, copy and service ....... Instructions for affidavit in support Drawing same (folios 10) . -70 -08 - 10 - Q. B. D.—DefendanVs Co^h.'] 37.") Enirrossing ..... ]\Iarking exhibit .... Attending to be sworn . Paid oath and exhibit . Paid fihiig ..... Copy for phiintiif' s solicitor . 18. Attending: summons, same adjourned for parties to agree as to charges for extra work 22. Attending adjourned summons, when same was referred to the Judge .... 24. Attending inserting summons in Judge's lisc Notice thereof and of attending by counsel . Attending plaintitt"s solicitor, when we agreed on the amount to be charged for extras, subject to the question of liability 25. Instructions to counsel to support summons ..... Copy agreement sued on to accompany (folios ;3U) The like affidavit .... The like writ and summons . Fee to counsel .... Attending him .... 27. Attending summons, order made Paid for ord^T, copy and service . Copy order (agency) July 1. On receipt of draft case perusing same (folios 10) .... Instructions to counsel to settle case on behalf of defendant ..... Copy case to accompany Fee to him therewith .... Attending him ..... 4. Inserting our counsel's alterations plaintiff's copy of the case . "Writing plaintiff's solicitors therewith . 9. Attending them on their informing us they were unable to agree to our alterations, con ferring with them thereon, when it was ultimately agreed we should see our counsel on the matter, and failing an agreement, the case was to be settled by the Judge . Attending to fix conference with our counsel . Fee to him ....... 10. Attending conference, when our counsel was unable to agree to the plaintitf's altera- tions in case ...... Writing plaintiff's solicitors . . . . 11. Instructions to counsel to attend the plaintiff's summons before the Judge . Copy summons to accompany The like order for the case . . . . The like proposed case showing all amendments t S-i. il. £ 2 6 2 6 2 4 G 3 5 6 1 - U 4 -34 - G 8 - G 8 - 4 - - G 8 -68 - 10 - -34 -68 - G 8 -36 - 1 - -68 -68 -34 -68 -34 -36 6 8 3 4 - 13 4 6 8 1 - 1 - 6 8 Q.B.D. — DefendanVs Cost^.'] 37 G Fee to counsel ...... Attending him ...... 15. Attending summons before the Judge, when it was adjonrned . . . . 16. Attending the summons, wlion the Judge settled the case and ordered it to be stated as settled by him Close copy order ...... 17. Attending plaintiff's solicitor going through the case as settled by the Judge, and altering our draft in accordance there- with ........ 18. Perusing and examining proof (folios 32) Attending plaintiff 's solicitor returning same approved ....... 19. Attending counsel, obtaining his signature to print of case, and attending plaintiff's solicitor returning same signed . Attending searching, and found case entered for argument ...... Instructions to counsel to agree to plaintiff's application to the Court to mark the case as urgent .... Copy plaintiff's solicitor's letter thereon for him ..... The like of the Judge's order Fee to him therewith Attending him 22. Attending Court when application made and case directed to be in the paper for the 29th instant .... Perusing plaintiff's notice to produce Close copy (folios 8) . . . Perusing his notice to admit . Close copy Attending inspecting documents and making admission thereof Notice to produce, copy and service Copy for proof .... Notice to admit and copy for service (folios 10) Copy for proof ..... Attending giving inspection of documents Attending obtaining admissions Affidavit verifying same and exhibit Paid oath and marking exhibit Instructions to counsel to argue special case Drawing observations (folios 38) . Fair copy ...... Print of special case to accompany The like affidavit and other necessary docu ments (at -Id. per folio) Fee to counsel, with brief Attending him ..... Conference fee to him .... 2 4 () -26 £ s. d. - 6 8 - 6 8 -68 - 1 - -68 -54 -34 -68 -34 -68 - 1 - - 2 - -68 - 13 4 - 6 8 - 2 8 - 6 8 - 1 8 _ 13 4 - 7 6 - 2 - - 10 - - 3 4 - 6 8 - 6 8 - 6 - _ 13 4 1 18 - - 12 8 — 5 4 7 12 -68 6 - Q. B. D.— Defendant's Costs.'] 377 Attendino; appointing . 29. Attending conference 30. Attending Court all day, ease arguei judgment given for defendant . 31. Attending to draw up order . Paid . Copy for service . Service thereof Close copy . Drawing judgment Attending to sign . Paid / . Copy for office copy Paid marking Drawing costs and copies (folios 32) Attending for appointment to tax . Notice thereof, copy and service . Attending taxing .... Sittings' fee Extra correspondence, &c. d. £ and 1 - - 1 - - 1 - •s. d. -34 - 13 4 2 2- -34 - 1 8 - 2 G - 1 8 - 3 4 -68 - 2 - 1 12 - -34 - 4 - - 13 4 11- 11- 20. DEFENDANT'S COSTS OF OPPOSINCx SUMMONS TO APPOINT A RECEIVER. Between, &c. 1896. Feb. 10. Instructions to oppose plaintiflF's summons for the appointment of a receiver ....... Attending accepting service of summons on behalf of Mr. , and indorsing undertaking to appear .... 15. Attending summons, when same adjourned by Judge till the 21st instant . Copy of 2 affidavits in support of summons for country (folios 14) Perusing same ...... Instructions for affidavit in opposition to summons . Drawing same Engrossing . Attending to be sworn Paid oath 21. Attending adjourned summons, when same dismissed with costs (counsel for plaintiff") .....•• Paid order .....•• 1 6 - £ -s. d. -68 -68 - 6 8 -48 -48 - Q S - 5 - - 1 8 -68 - 13 4 Q. B. D.—DefendanVs Costs.'] 378 Copy and service thereof Paid filing affidavit Drawing costs and copies Notice of taxing, copy and service Attending taxing .... Letters, &c £ s. d. - 2 G £ s. 21. DEFENDANT'S COSTS IN ACTION ON A MARINE POLICY, FOR A TOTAL LOSS. UNSEA^VORTHINESS, AND MISREPRESENTATION AND CONCEALMENT AS TO THE NATURE OF THE RISK. Between, &c. TRINITY SITTINGS, 189 Oct. If). Instructions to defend action Attending giving undertaking to appear . 11). Attending to enter appearance . Paid* Notice thereof, copy and service Summons to consohdate, copy and service 20. Attending summons, order made Paid for order, copy and service 22. Summons for production of ship's papers, on oath, copy and service ..... Attending summons, same adjourned for plaintiffs solicitors ...... 28. Attending adjourned summons, order made Paid for order ..... Copy and service (very long) . Sittino;s' fee iS'. d. 6 8 (5 8 6 8 2 - 4 - 10 6 6 8 8 G - 10 G - G 8 - G 8 - 5 — - 5 - - 15 - HILARY SITTINGS. Jan. 27. Attending searching for affidavit of plaintiffs filed under order, and paid ...... Feb. 1. Perusing copy affidavit of papers 2. Attending plaintiffs' solicitors on their handing us the papers under order, and giving receipt Attending returning original papers to plaintiffs' solicitors 14. Instructions for defence . Drawing same Fee to Mr. L. to settle, and clerk Attending him March 24. The plaintiffs having agn 4 4 10 - o •J 4 3 4 6 8 10 - 4 G G 8 eed to make a further * The disbursements in this bill arc placed with the charges, but should be separated from the charges for taxation. Q. n. D.—DefendanVs Conk.'] 371) £ .s. (1. affidavit, attending searching for affidavit of papers filed, and paid . . . . . . . .-44 27. Perusing copy further affidavit sent us by plaintiffs' solicitors, comparing same with previous affidavit .-08 31. Engrossing defence . . . . . . . - 3 - Attending to deliver - 3 4 April 8. Attending summons for particulars, same adjourned for plaintiffs . . . . . .-08 10. Attending adjourned summons, order made for delivery in 14 days . . . • • • .-08 Sittings' fee -].".- EASTER SITTINGS. April 10. Instructions for and drawing very special par- ticulars of unseaworthiness, misrepresentation and concealment, under order, and copy . . . . - 5 - Attending to deliver - 3 4 Sittings' fee - 15 - - 10 TRINITY SITTINGS. June 20. Summons for discovery by plaintiffs, and paid stamp Attending paying £5 for security into Court and fee thereon . . . . • • • • .-78 July 1. Instructions for interrogatories to be administered to plaintiffs - 8 Drawing same . . . • • • • . - 10 Fair copy . . . • • • • • . - o Fee to jMr. L. to settle, and clerk 2 4 Attending him - 8 5. Attending adjourned summons for discovery, order made . . . - 8 Paid for order, copy and service 0. Perusing notice to admit and produce (very long) . - 13 4 Attending Inspecting documents thereunder _. . . ^ Summons for leave to administer interrogatories, and paid stamp, copy for service, and service .... Notice of attending summons by counsel . . . . - 4 Drawing instructions to counsel to support summons, and copy .... Copy summons, to annex Copy proposed interrogatories, to accompany Fee to Mr, L. and clerk . Attending him Copy proposed interrogatories. One* subpoena duces tecum Paid stamp Two subpoenas ad test. . Paid stamps ... Attendances on this and many previous days searching the position of the cause in the list and the progress of the trials, and this afternoon making inquiries as to the course the sittings would take, and found this cause was not likely to be reached at the present sittings 4 - 8 1 - 10 8 1 - 3 4 4 - 8 for the blaster . . .-34 - 8 a 13 4 10 - - 10 Q. B. D.—DefendanVs Co.sf.v.] 380 Attending summons for leave to administer interrogatories, but plaintills did not attend _ ;> 4 Writing plaintitrs' solicitors requiring the summons to be disposed of _ 3 g 11. Attending adjourned summons, same further adjourned for plain titlV counsel ' . . - 3 -i Attending plaintills' summons for time to file allidavit of discovery, same adjourned - 3 4 14. Attending summons for further time to file affidavit of discovery, order made _ g 22. Attending plaintiffs' summons for further time to file affidavit of discovery, order made . . . . _ (; g 24. Attending summons for interrogatories, order made . - (J 8 Paid for order, copy and service _ g (• Attending paying £') security into Court and fee thereon .-78 25. Engrossing interrogatories, as altered by Master . _ 3 _ Attending to deliver . . . . . . .-34 Aug. 1. Attending summons for further time to file affidavit of discovery, same adjourned . . .-34 2. Attending adjourned summons, same further adjourned - 3 4 at plaintiffs' request till to-morrow . . . .-34 3. Attending adjourned summons, but plaintiffs did not attend . . . . . , . , .-34 5. Attending adjourned summons, same further adjourned - 3 4 8. Attending adjourned summons, same further adjourned for plaintiff's . . . . . . ' . .-34 9. Attending adjourned summons, order made . . _ g Attending adjourned summons for further time to answer interrogatories, order made . . . . , , _ (] g 25. Attending phiintiffs' solicitors as to the expiration of the time peremptorily limited for discovery, and which they wished us to extend without order, and we finally arranged that the matter should stand over until the 1st of October, without the action being dismissed, but on terms that case not to be tried before the Jst of December, letters to be exchanged . . . .-{58 28. Writing plaintiffs' solicitors as agreed as to complying with the order for papers, and on the terms on which the matter could stand over _ 3 (5 Oct. ]C. Writing- plaintiffs' solicitors reminding them that they were in default as to discovery and answering inter- rogatories, and urging their attention to the matter 20. Summons to dismiss action for want of prosecution or stay trial and paid, and copy and service 24. Attending summons, when plaintiffs gave notice of attending same by counsel Drawing and engrossing affidavit in support of summons (folios 24) Attending deponent to be sworn ..... Paid oath ......... Copy affidavit for plaintiffs' solicitors .... Drawing instructions to counsel to support summons, and copy .......... Copy summons, to annex 3 10 () 4 12 _ 8 G 4 8 .s. (I 4 (; (1 8 2 C 8 10 Q. li. D.—DefendanVfi Co,s/.s.] 381 2G. Fee to Mr. L. and clerk Attending him Paid filin0 - 2{'> a 14 13 L>91 Drawing briefs (folios 400) Three copies for counsel, with documents (at 4^/. per folio) Three copies pleadings, to accompany . . . . The like reports of e.\])erts referred to in the brief [Note. — Without these rej)orts the drawing of the brief would have been much longer.] The like protest, depositions, and documents (folios D.s each) .......... The like correspondence between plaintills and S. and Co. (folios 50 each) The like correspondence between plaintiffs and R., T. and Co. (folios 112 each) The like correspondence between plaintiffs in (Jhisgow and plaintitl's in T. (folios 110 each) The like policy ........ The like evidence on Board of Trade inquiry into the loss of the vessel (constantly referred to in examination of witnesses) The like judgment of Board of Trade . . . . The like specifioations of the vessel (folios 72 each) . The like of the vessels A. and B. referred to in the representation made to the underwriters (folios GG) The like plans and drawings of the vessel (produced by plaintiffs under the order, and constantly referred to during the trial) . . . £15 charged The like notices to admit and produce Fee to Mr. B., Q.C., and clerk, with brief Attending him ....... Consultation fee to him mid clerk .... Attending him ....... Fee to ]Mr. C, Q.C., with brief, and clerk Attending him ....... Consultation fee to him and clei'k .... Attending him ....... Fee to ]Mr. L. with brief, and clerk .... Attending him ....... Consultation fee to him and clerk .... 20 - - 32 IG 8 - 12 - [) - - 4 18 - 2 10 - 5 12 - 5 10 . - 1 - - ] - - . 3 12 - 8 . 3 G - 3 O 'J 3 . 1 10 - 1!0 5 - . - 13 4 2 7 - . - 3 4 . S8 - - . - 13 4 2 4 G) . - 3 4 . GG - - - G S . 1 (; Q. B. D.—DefendanVs Costs.'] 383 with subprenas tor service, and Attending him Writing agents at instructing them . 8. Drawing subpoena duces for service on P. A., engrossing, and copy for service ....... The like for service on W. C. and T. S The like for service on R. M Preparing and attending to issue 3 subpoenas . Paid Writing agents at Newcastle with subpoena for service on Mr. B., and instructing them ..... A\^riting the Secretary of Board of Trade applying to have original depositions before receiver of wrecks sent up, to save expense of bringing witnesses from Falmouth Instructions for atlidavit of defendant as to documents Drawing same and engrossing Drawing notice to produce and copy, and copy to mark Service Drawing notice to admit and copy, and copy to mark Service thereof ....... Drawing atiidavit of service of notice to produce, and engrossing . Paid oath and exhibit Writing plaintiffs' solicitors with reference to return of premiums on the policy 11. Attending adjourned summons for time to file affidavit of documents, same adjourned for plaintiffs Copy and service of subpoena on Mr. B. . Attending defendant to be sworn to affidavit Paid Copy aifidavit for office copy . Attending to file affidavit Paid filing ...... Notice thereof, copy and service Attending adjourned summons for further time to file affidavit of documents, order made Paid for order, copy and service 13, Copy and service of subpoena on Mr. G., C.E The like on Mr. J Attendances to-day watching the progress of the list, with reference to the probabilities of the time the action would be reached ....... 14. Copy and service of subpoena on Captain . The like on Mr. The like on Mr. The like on Mr. The like on Mr. . . . . _ . Attending at Mr. T.'s residence at Stoke Xewington, serving him with subpoena as he was about to start for Bristol ......... Attending searching list, when found case in to-morrow's paper .......... Preparing telegram to ^Mr. T., and attending to dispatch same as arranged, in order to prevent his journey, and paid £ s. (1. -34 -30 - 10 - - 10 - - (■) - 1 - - - 7 (5 - 5 - - ;> - (; 8 1(1 8 IT) - 2 10 - 2 G 5 2 6 3 4 5 - () 8 1 (5 2 8 3 4 2 G 4 - G 8 8 G 5 _ - C^ ^ — 5 - .") - 5 - 8 - 3 4 4 4 1.") - 18 4 10 _ 10 3 3 t; k; 4 5 — 3 - 6 8 7 — 8 12 - G- 8 7 _ G 8 10 - G 8 3 6 3 4 13 4 3 - Q. n. D.—BefimlanVa Cosfs.^ 384 £ s. <]. The like telegrams for 3 other witnesses (each 4.s. 4^/.) . - 13 - AVriting 8 witnesses as to the position of the case, and requesting them to be in Court to-morrow morning . - 15. Attending consultation with counsel . . . . - Attending Court all day with witnesses, cause in paper, but not reached ......... Paid agent's charges at Newcastle - "Writing defendant requesting his attendance in Court . - Paid ageuL's charges at Falmouth . . . . . - Copy and service of subpoena on ]\Ir. S. . . . . - Attending Court, case part heard and adjourned . . 3 Kefreslier foe to ^h. B., Q.C., and clerk (£27 lOx. charged) 11 Attending him ......... Further consultation fee to him and clerk . . .2 Attending him . . . . . . . . - Refresiier fee to Mr. C, Q.C., and clerk (£16 lO.*^. charged) 7 Attending him ......... Further consultation fee to him and clerk . . .27 Attending him ......... Refresher fee to Mr. L. and clerk (£1G lO.v. charged) . 5 Attending him ......... Further consultation fee to him and clerk . , .1 Attending him ......... Attending consultation ,......- IG. Attending Court all day, case proceeded and adjourned 3 Further refresher fee to Mr. B., Q.C., and clerk (£27 lO.s. charged) . . . . . . . . .11-- Further consultation fee to him and clerk . . .27- Attending him . . . . . . . . - G 8 Further refresher fee to Mr. C, Q.C., and clerk (£!(! lOx. charged) . . . . . . . . .712- Further consultation fee to him and clerk Attending him ........ Further refresher fee to Mr. L. and clerk (£1G lO.v. charged) ......... Attending him ........ Further consultation fee to him and clerk Attending him ........ Attending consultation ....... Attending Court all day, case further proceeded and adjourned . . . . . . . . .33- Writing Captain S. and Captain AV. to be in attendance in Court to-morrow . . . . . . . . - o - 17. Further refresher fee to Mr. B., Q.C., and clerk (£27 lO.s. charged) 11 - - Attending him . . . . . . . . - G 8 Further consultation fee to him and clerk . . .27- Attending him . . . . . . . . - G 8 Further refresher fee to Mr. C, Q.C., and clerk (£1G lOx. charged) . . . . . . . . .712- Attending him . . . . . . . . - G 8 Further consultation fee to him and clerk . . .27- Attending him . . . . . . . . - G 8 Further refresher fee to Mr. L. and clerk (£1G lO.s. charged) 5 10 - G 8 10 _ G 8 3 6 3 4 13 4 Q.C., and clerk (£1G !().• L. and clerk lU.s- Q. B. B.—BofmdanVH (T'o.s/.s.] 38r> Attendini,^ him ..... Further consultation fee to him and clerk Attending liim ..... Attendinj;- further consultation Attending- Court all day, case proceeded, further adjourned :jl . Further refresher fee to Mr. B., Q.C., and clerk (£27 lO-v charged) Attending him Further refresher fee to Mr. C charged) Attending him Further refresher fee to j\rr charged) Attending him Attending Court all day, when case concluded, and, on the result of the answers to the questions put to the jury, the Judge ordered judgment for defendant . IS . Jan. 3. Attending associate obtaining certificate for judgment ......... Paid fee ......... • ;'). Attending plaintiffs' solicitors as to the payments made by them to witnesses subpoenaed on both sides, and taking particulars and explanations on the subject Drawing judgment . Entering same Copy pleadings, to file Attending to sign . Paid fee . Sittings' fee . Letters, &c. . - (J - 13 2 2 ]1 - - -08 12 - 6 8 10 _ G 8 2 - G 8 6 8 b 4 4 - 4 - 6 8 IT) _ •> _ J.C. c c V. COSTS IN THE CKOWX OFFICE. V>y Order C.s (Rule 2) of the Rules of the Supreme Court, ancf by Order oOO of the Crown OflRce Rules, 188(;, Order G") of the Rules of the Supreme Court (Costs) is, as far as it is applicable,, to apply to all civil proeeediniis on the Crown side of the (Queen's Jknch 'Division, includinu- mandamus and prohibition, and also to quo warranto, and to all proceedinus on the Revenue side of the said Division. The allowances in Appendi.x X. consequently apply to taxation in the Crown Office, and the precedents of Bills of Costs in the Queen's Bench Division already set out, may be adapted to similar proceedings on the Crown side of that Division where no precedent is given among the form of Bills of Costs in the Crown Office. The practice on appeals from County Courts and other inferior Courts to the Queen's Bench Division is regulated by Order 5',) of the Rules of the Supreme Court. The appeal is by notice of motion, no rule nisi or order to show cause is necessary. The appellant's solicitor must apply to the Judge of the inferior Court for a copy of his notes.* Jf the County Court Judge's notes are not forthcoming the Divisional Court will receive affidavits of the facts. t The costs of the proceedings are in the discretion of the Court, and usually follow the event of the appeal : Judirattire Art, 1890, section a. As to the practice in Crown Office cases generally, see Short and McUor's Practice of the Crown Office. * McGrath v. Cartivrirjhf, 23 Q. B. D. 3. t A new trial having been ordered on the ground of misdirection, and no note having been taken l)y the County Court Judge, the Court allowed the successful party so much of the shorthand note as was material to the points raised by the appeal : Barber v. Btirt (1894), 2 Q. B. 437 ; and see Order 5D (li. S. C), Rule 8. Crown Office.'] CEOWN OFFICE RULES, 1880. (AS TO COSTS.) Rl'le 30«). Order fio of the Rules of the Supreme Court, 1883 (Costs), shall, as far as it is applicable, apply to all civil proceedings on the Crowu side. Rule oOl. Order (i5 of the Rules of the Supreme Court, 188^^ (Costs), special aud general regulations, Rule 27, shall, as far as it is applicable, apply to all criminal proceedings on the Crown side. VIEW BY JURY. Rule 159. Upon any application for a view there shall be an affidavit stating the place at which the view is to be made, and the distance thereof from the office of the under-sheriff', and the sum to be deposited with the under-sheriff shall be 10/. in case of a common jury, and 16^. in case of a special jury, if such distance do not exceed five miles, and 15/. in case of a common jury, and 21/. in case of a special jury, if it be above five miles. And if such sum shall be more than sufficient to pay the expenses of the view, the surplus shall forthwith be returned to the solicitor of the party who obtained the view. If such sum shall not be sufficient to pay such expenses the deficiency shall forthwith be paid by such solicitor to the under-sheriff*, and the under-sheriff shall pay and account for the money so deposited, according to the scale at the end of the Appendix to these Rules. Costs of Vieav in Under-Sheriff's Account Under Rule 159. £ s. d. For travelling expenses to the under-sheriff", showers, and jurymen expenses actually paid, if reasonable Fee to the under-sheriff" when the distance does not exceed 5 miles from his office . . . . .11- Where such distance exceeds 5 miles . . . .22- And in case he shall be necessarily absent more than 1 day, then for each day after the first a further fee of .11- Fee to each of the showers the same as the under-sheriff', calculating the distance from their respective places of abode. Fee to each of the common jurymen per diem . . . - •> - Fee to each special juryman per diem . . . .11- Allowance for refreshment to the under-sherilf, showers, and jurymen, whether common or special, each per diem . . . . . . • • • .-5- C C 2 Crown Officel] 388 To the bailiir for snmiuoniiiu- each juryman whose resi- dence is not nicav than ."> miles' distance from the otfice of the under-sheritf ...... And for each whose residence does exceed T) miles of such distance -■10, TVBLE OF rOFRT FEES TO BE TAKEX TX TTTE CROWX OFFICE DEPARTMEXT. AVitiTs AND Summonses. On sealing a writ of mandamus .... On scaling a writ of subpoena for witnesses, not exceeding ?> persons ...... On sealing every other writ ..... On sealing or issuing an originating summons, under the Act G & 7 Vict. c. 73, for the taxation of a solicitor's bill of costs within 12 months after delivery, or delivery of a bill of costs by a solicitor, including the order to be made thereon . On sealing any other originating summons On amending same ....... On sealing or issuing a summons for directions under Order 30 . ' On sealing or issuing any other summons . £ s. 10 10 5 10 Appearances and Pleas. 9. On entering an appearance, for each person 10. On entering a plea, for each person , 11. 1:5. U. _ _ 4. _ •) Copies. On a copy of a written deposition of a witness to enable a party to print same, for each folio . On examining a written or printed copy and marking or sealing same as an office copy, for each folio On making a copy and marking same as an office copy, for each folio . . . . . . - - (I ,,.„., f The actual On a copy in a foreign language . . . j . On a copy of a plan, map, section, drawing, photo- C The actual graph, or diagram .....(_ cost. Attendances. IC). On an application, with or without a subpoena, for any officer to attend as a witness or to produce any record or document to be given in evidence (in addition to Croun Office.'] 389 £ s. ih the reasonable expenses of the officer), for eiicli day or part of a day lie shall necessarily be absent fi-oni his (iflice . . . . . . . . i _ _ The officer may require a deposit of stamps on account of any further fees, and a deposit of money on account of any further expenses which may probably become payable beyond tlie amount paid for fees and expenses on the application, and the officer or his clerk taking such deposit shall thereupon make a memorandum thereof on the application. The officer may also require an undertaking in writing to pay any further fees and expenses Avhich may become payable beyond the amounts so paid and deposited. Oaths, &c. 17. On taking an affidavit or an affirmation or attestation upon honour in lieu of an affidavit or a declaration, for each person making same . . . . - 1 G 18. And in addition thereto, for each exhibit therein referred to and required to be marked . . . - 1 - Filing. 19. On filing a special case 1 - - 20. If on appeal from an inferior Court . . . . - lU - 21. On filing an affidavit, writ of execution with return, recognisances, and every other proceeding or docu- ment required to be filed . . . . . - 2 & Certificates. 22. On a certificate of appearance, or of a pleading, affi- davit, or proceeding having been entered, filed, or taken, or of the negative thereof, unless otherwise provided ........ 23. Or if a certificate of proceedings pursuant to Order 61, Rule 24 . Searches and Inspections. 2-1. On an application to search for an appearance and inspecting same . . . . . . . - 1 - 25. On an application to search an index and inspect a pleading, judgment, order, or other record, unless otherwise expressly provided for by any Act of Parliament, for each hour or part of an hour occupied - 2 (i 2G. Not exceeding on 1 day - 10 - Crown Office.'] 300 Hearing. £ 6\ d. 27. On entering or setting down, or re-entering or re- setting down, an appeal to the Court of Appeal, or a cause, matter, or proceeding required to be entered in the Crown paper, but not any inter- locutory motion or a])plication arising out of any cause, matter, or proceeding in respect of which such fee shall have been previously paid l)y the party entering . . . . . . . 2 - - 28. If an appeal from an inferior Conrt to the High Court 1__ Judgments and Orders. On drawing up and entering judgments and orders : — 29. If an order made in Court ordering a judgment to be entered, or au order in the nature of a judgment, i>r on the hearing of a special case, unless other- wise directed . . . . . . . i _ _ ;^0. If on an ajipeal from an inferior Court . . . - 10 - ;^>1. If on any a])pHcation to the Court of Appeal . . i - _ ;^2.^If an order of course, under the Act (> & 7 Vict, c. 1?), to tax a solicitor's bill of costs within 12 mouths after delivery, or for delivery of a bill of costs by a solicitor wliere fee No. 4 (on the sum- mons) is not applicable . . , . . _ 10 _ ;!;). If an order of course or any other order . . ._.-)_ ;>i. On signing a note or memorandum of an Order pursuant to Order 52, Rule 14, when re(|uired for production, where no order is drawn up . . _ 3 _ On Proceedings before a Master. 85. On every reference, investigation or inquiry, including examination of witnesses, if any, for every hour oi- part of an hour the officer is occupied . . . - 1 _ Taxation of Costs. 8(5. On taxing a bill of costs, where the amount allowed does not exceed £4 _ 2 - 87. "Where the amount exceeds £4, for every £2 allowed or a fraction thereof . . . . . , _ x - These fees, except where otherwise provided, shall be taken on signing the certificate or on the allowance of the bill of costs as taxed, but the fees shall be due and payable if no certificate or allocatur is required on the amount of the bill as taxed, or on the amount of such part thereof as may be taxed ; and the solicitor or party suing in person shall in such case cause the proper stamps (the amount thereof to be fixed by the officer) to be impressed on or affixed to the bill of costs. €roivn Office.'] 391 The taxing officer may require a deposit of stain])S on account of fees before taxation, not exceedint;- the fees on the full amount of the costs as submitted for taxation, and the ofHcer or his clerk on taking- such deposit sliall make a memorandum thereof on the bill of costs. Miscellaneous. :^8. On an allowance of a table of fees :-51). On a fiat of a Judge 4(1. On taking a recognisance or bail 41. On a commitment 42. On signing an information 43. On nominating and reducing a jury pursuant to the County Juries Act (1825) and the Juries Act (1870) AVe concur in respect of the above fees. - ](» - - r» — - 10 - (Signed) Two of the Commissioners of Her Majesty's Treasury CHARLES DALRYMPLE, W. H. WALROXI), 1. APPELLANT'S COSTS OF APPEAL FROM A COUNTY COURT. Between, &c. MICHAELMAS SITTINGS, 189 £ Instructions to appeal .... Drawing notice of appeal (at Is. per folio Two copies for the use of the Court (at 4^/. per folio) .... Attending to set down appeal Paid 1 - - Copy notice of appeal to serve Service on respondent's solicitor (If sent to agent to serve insert usual charges.) Affidavit of service . . . . .-10 Instructions to counsel to support appeal Drawing brief (at Is. per folio) Fair copy (at 4^/. per folio) . Copy notice of appeal to annex Fee to Mr. and clerk Attendinu' him s. d. 13 4 -08 1 - 2 5 8 1 - 8 Crown Office.'] 392 Attending at County Court office bespeaking copy Judge's notes, and for same Paid C()])y for counsel (at [d. per folio) Attending searching list Sittings' fee, letters, &c. If not agency £ (I £ iL ('. 8 - (; 8 1 1 - - IT) - HILARY SITTINGS. Attending searching list Iteiresher to iMr. and clerk Attending him .... Attending Court, case in paper but not reached ..... Attending Court, judgment for appellant, with costs Attending to draw up order . Paid for same .... Paid filing affidavit of service Copy order for service . Attending for appointment to tax . Notice to tax .... Service of order and notice to tax on defendant ..... Drawing bill of costs, and copies for jMaster and for respondent (folios G) Attending taxing .... Paid taxing ..... Sittings' fee, letters, &c. (if agency) If not agency . ... - G 8 1 3 (! - •> o 4 - G 8 _ l;] 4 - 3 4 - 10 - _ •> G 1 3 _ 4 - 1 G 2 G (•) - G 8 1 - IT) - 2. RESPONDENT'S COSTS OF APPEAL FROM A COUNTY COURT ON CASE STATED BY COUNTY COURT JUDGE. MICHAELMAS SITTINGS, 18 Instructions to appear on appeal from Judge Perusing case ..... Attending at Crown Office searching if appeal entered ...... Instructions for brief .... Drawing observations (folios 8) Copy observations and case for counsel (4( folios) ...... Fee to Mr. C, with brief, and clerk (usually) Attending him ..... Term fee (agency) .... X. .>*. >?. £ s. (L - 18 4 - G ,s — h 4 - G 8 - 8 — -13 4 - G 8 1 1 - Or own Office. 1 303 HILARY SITTINGS, 18 C. £ Refresher fee to j\Ir Attending him .... Attending to search place in paper Feb. :^(!. Attending in Court, case in paper, but not lieard March ;">. Attending in Court, case argued, and judgment given for respondent, with costs (discretionary) . Attending drawing up order l*aid for same Copy and service thereof Close copy .... Drawing costs, and 2 copies . Attending for appointment to tax Notice thereof, copy and service Attending taxing . Paid taxing .... Sittings' fee . And further in country agency cases, for letters 1(1 - 3 4 3 4 (; 8 - 1: - .) — - 2 — - i; - - 3 4- - 4 - - .s - i:. - - (; - RESPONDENT'S COSTS OF OPPOSING APPEAL FROM A COUNTY COURT. HILARY SITTINGS, 18 Jan. Instructions to oppose appeal 10. Paid for copy affidavit of A. H. in support of motion (if affidavit filed) Perusing same (at 4(7. per folio) Paid for copy of Judge's notes Attending for same .... Making copy notice of motion for counsel The like, Judge's notes . Fee to counsel with brief, and clerk Attending him ..... Conference fee to him and clerk . . .10 Attending him, and to appoint Attending conference .... Attendances searching list of appeals to ascertain when appeal would be in paper March 31. Attending Court, appeal in the paper, but not reached Sittings' fee, &c. ..... If agency EASTER SITTINGS, 18 . April '22. Refresher to counsel and clerk . 1 Attending him ...... Attendances searching list .... May 7. Attending Court, appeal heard, and dismissed with costs .S-. (7. 13 4 - ('. 8 -28 - G - - (1 8 -34 - 13 4 - {•> 8 - ('. S - ir. - 1 1 - -34 - c. s - 13 4 Crown Office.'] 394 S. Attending to draw up order Paid Copy for service . Service thereof Drawing bill of costs and copies Attending for appointment to tax (.'opy and service thereof Attending taxing . I'aid taxing .... vSittings' fee . If agency .... £ s. -i - 1 - - ;; \ - \ - - c « 1 1 - - l.J - o. RESPONDENT'S COSTS ON SPECIAL CASE STATED BY JUSTICES UNDER 20 «fc 21 VICT. C. 4:3. MICHAELMAS SITTINGS, 18 £ Sept. 14. Instructions to support conviction . Having been served with copy case as stated and signed by justices, perusing same (or 4^?. per folio) Attending to search how case stood in list Instructions for brief Drawing same and copy (or at Is. 4^/. per folio) Copy case and observations for counsel (folios 20) Nov. 1 . Fee to ]\Ir. and clerk to argue Attending him therewith .... Fee to Mr. B. and clerk .... Attending him therewith .... Attending consultation Paid Mr." consultation fee, and clerk The like Mr. B. . . . . Attending appointing consultation Sittings' fee . HILARY SITTINGS, 18 . and clerk d. £ Refresher to Mr. Attending him ...... Refresher to Mr. B. and clerk Attending him ...... 11. Attending to search how case stood in list ^March 25. Attending Court, case argued, judgment for respondent with costs Attending to draw up order Paid fee . . . Copy for service . Drawing bill of costs and copy for Master Copy for appellant's solicitor Notice to tax, copy and service Attending taxing . Paid taxing .... Sittings' fee .... 4 (; .S-. d. G 8 C 8 G 8 G 8 (; 8 G 8 (; 8 G 8 l:) 4 (5 8 10 - - G — ^> 4 - G 8 - 18 4 — 'd 4 - 1 — '.) 4 - 1 8 - 4 - - G 8 - 15 - s. 4 •> 4 Crown Office.] 39G 6. RESPOXDEXT'S COSTS OX SPECIAL CASE ON APPEAL FROM AX ORDER OF AFFILLATIOX BY JUSTICES. MICHAELMAS SITTINGS, is . £ s. (I. £ ,s. Not. 2. Instructions to support decision nf justices ....... Havini; been served witii case as stated and signed by justices, ]ierusing same Copy thereof (folios 1(1) Close copy notice of case li;i\inii' been set down lor hearing ...... jMarch. Attending searching how case stood . The like Instructions for brief ..... - G 8 Drawing and fair copy observations (at l.s. 4^/. per folio) ....... Fee to jMr. C. and clerk therewith . . . 3 5 G Attending him 27. Attending Court all day, case in the paper but not reached ..... 28. Attending Court, case argued, judgment for resp(jndent, with costs .... Attending to draw up order .... Paid - 10 - Copy for service - 1 - Service thereof ...... - 2 G Drawing bill of costs and copy for Master, and copy for the appellant's solicitor . . - 4 - Attending for appointment to tax . . - ;> 4 Service thereof ...... - 2 G Attending taxing ...... - G } 4 8 4 7. RESPOXDEXT'S COSTS OX APPEAL FROM QUARTER SESSIOXS. HILARY SITTINGS, 18 . £ N. (L £ s. d. Instructions to appear for respondents on ai)peal ....... - G 8 Perusing case stated by the Court of Quarter Sessions sent me by the solicitors of the appellants, and which they requested might l)e re-stated ...... - 13 4 Attending the sessions thereon and conferring, when they declined to consent to any alterations - G 8 Writing to appellant's sohcitors thereon and to their agents in town not to move formally for a certiorari, as we might consent thereto - 3 G Crown Office.'] 397 Attendinp- on them returning tlic case . Instructions to counsel to consent to order tor a certiorari to issnc .... Fee to Mr. R. and rlL'rk .... Attending- him Attendinu' Court, when order made by consent Sitting's' fee If not agency EASTER SITTINGS. Instructions for brief on appeal Drawing same (folios oU) Fair copy for senior counsel, inclusive of docu mcnts to accompany (at id. per folio) . The like for junior counsel . Fee to Mr. B. with Ijrief, and clerk Attending him Consultation fee to him and clerk . Attending him Fee to Mr. F. with brief, and clerk Attending him Consultation fee to him and clerk . Attending him Attending consultation .... 2'). Attending Court watching the list, when case found to be in to-morrow's list . 2G. Attending Court, case in the paper, but not reached ..... May 7. Attending Court this day, when case argued, and judgment given for respondents with costs, and order of sessions affirmed Attending for order .... Paid for same Copy for service (folios at 4^/.) . Close copy (at 4^/. per folio) . Drawing bill of costs, and 'J copies (folios 8) Attending for appointment to tax . Copy and service thereof Attending taxing Paid taxing Sittings' fee and letters (agency) . 4 G .s. (I. :'> 4 C 8 ;j (; :', 4 (') H 1 - 1.") - (■> 8 lU - 4 4 4 4 - G - G - i;; - G 13 4 3 4 - 8 - - ••; 4 - 4 - - G 8 1 1 - 8. APPLICANT'S COSTS OF MANDAMUS TO CO:\IPEL A CORPORATION TO TAKE UP AN AWARD. HILARY SITTINGS, 18 . £ .^. d. £ N. Jan. 31. Instructions to apply to the Court for a mandamus to compel the Cor})oration of I), to take up award ..... - C Feb. 1. Attending appointing conference with Mr. L. . . . \ . . . - -i Crown Office.'] 398 (J. £ Paid his fee . Attendint^ conference . ])ra\viii,u- affidavit to <(rouiid application Engrossing .... Attending to be sworn . Paid oatli .... Instructions for brief . J)ra\ving same (foHos ) Two fair copies Attending ^Mr. 1j. with brief . Paid his fee .... Attending Court, motion made, and order nisi granted Paid filing affidavit Attending' for order Paid . ' . Copy for service . "Writing correspondent with same for service Paid his charges . Attending enterinu,' motion at Crown Office i'aid / . Two copies order for counsel on motion to make order absolute* Brief for Mr. L. . . . Paid his fee, and clerk . Attending him Attending appointing consultation Paid his fee .... Brief to ]\Ir. B. . . . Paid his fee, and clerk . Attending liim Paid his consultation fee 13. Attending Court, motion not reached I'aid filing affidavit of service 21. Attending Court, motion made, and order absolute for mandamus granted Attending drawing up order . Paid for same Instructions for writ of mandamus Drawing and engrossing same Fee to counsel to settle same . Attending him Paid stamp .... 19, Writing special letter to correspondent with writ and copies for service on mayor, town clerk, and two of the corporation Paid his charges ..... Attending defendants' summons for time to file return to mandamus . . . . - 12 5 lU - -20 i;-; 4 1.") - ;") — 8 -08 8- 6 8- 3 4 1 - 3 G C 8 2 G 8 G 8 G 8 6 & G 8 G 8- 13 4 3 4 G 8 10 - - G 8 * If affidavits made by party showing cause, charge for perusing them, and if hearing of motion adjourned to enable the affidavits to be prepared, charge attending on the adjournment. If affidavits filed in reply, charge as usual for preparing, filing, etc. Croirn Office.'] J9t) April 1. Attending summons for further time, order made ...... AttendinsT searching return to mandamus Paid searcli Attending bespeaking and afterwards for office copy return ...... J'aid for office copy Perusing return Sittinu's' fee i •<<. - -1 <; i; H (; 8 1 - EASTER SITTINGS, 18 ;May l;!. Drawing affidavit of Mr. T, in support o'f motion to set aside return to mandamus Engrossing ...... Attending to be sworn .... Paid oath ...... Brief copy affidavit and return for ]\Ir.L. to move Instructions to Mr. L. . Paid his fee Attending him IG. Attending Court, motion made, and order nisi granted .... Attending for order .... Paid . . . . . . . Copy for service, and service thereof Drawing and engrossing affidavit of service of order ...... Paid oath and exhibit .... Paid filing Instructions to Mr. L. to move to make order absolute ...... Brief copy order and affidavit for him . Attending Mr. L. with brief . Paid his fee, and clerk .... Attending appointing conference . Paid him conference fee Attending conference .... Attending Court, order made for an issue, to be tried at the next assizes Copy part correspondence, for counsel . June 12. Attending arranging consultation with Mr. L. and ]\Ir. R. as to pleadings Paid Mr. L. consultation fee* 13. Attending consultation . Instructions for pleas to return Drawing same ..... Instructions to counsel to settle same Paid his fee Attending him ..... Engrossing pleas ..... Attending to deliver .... Sittinirs' fee 1 (; .') c. 2 fi 2 (5 5 10 1 3 fi 14 - -t 8- G & G 8 G 8 - G - G •> - .J - 4 - 5 - G - 4 - G - G - 1:5 - 1:5 1 11 - G 8 - i:; 4 - G 8 - (5 8 — u 4 - 1 ,s — ^■» 4 1 1 - Consultation fee to second counsel disallowed. Croini Office.'] 400 TRINITY SITTINGS, 18 Attending- searching- for and bespeaking- office copy affidavit of defendants I\ud for same ..... Instructions tor case to advise on evidence Fee to counsel ..... Attendinu- him ..... 24. Notice of trial, copy and service July 2. Writing- ^Ir. V. informino- him of the present proceedinys, and the necessity of his attendance at the assizes as a witness . Subpoena ad test. ..... €opy for service ..... Service thereof on i\Ir. ^V. at H., and mileag-e ...... Paid him therewith .... Writing ^Iv. F. with copy subpoena, and asking him if he would accept service Copy subpoena to enclose Notice of special jury .... Service on sheriff ..... Attending for special jury panel, and paid The like common jury .... Notice to admit Cojjy to serve Notice to produce Copy to serve Attending associate, lodging the pleadings Two copies for the Court (at 4iL per folio) Paid fee Attending giving inspection of documents Subpoena ad test. ..... Copy and service on ^Mr. 1). . Subpoena duces tecum .... Copy and service on Mr. S. . Paid him therewith .... Copy subpoena for service on Mr. CI. Writing correspondent with same for service and enclosing post-office order for £2 2 for Mr. CI. ' Paid for ]iostal orders .... Paid correspondent's charge for service . Attending- taking admissions . Instructions for brief (discretionary) Drawing same (folios 21(1) Two fair copies for counsel (folios 2bS together) Two copies affidavit of Mr. D. (folios 23 each) Two copies of bill sent to Mr. ]). (folios 27 each) Two copies pleadings for counsel . Two copies plaintiff's notice to produce . Two copies plaintiff's notice to admit , s. _ - (i 8 - ( - ( - G 2 4 8 - (•> .") .") 10 k; 8 12 - 15 - 18 - 12 - 4 - 12 - - - 1 - Crown Office.'] 401 Two copies ])l;iintifr's fnrtlier notice to admit Attendinij inspection .... Two copies defendants' notice to produce Two copies defendants' notice to admit Attendiufi^ ]Mr. L. with brief . I'aid his fee and clerk . Paid his fee and clerk for consultation Attending- Mr. R, with brief . Paid his fee and clerk . Paid his consultation fee Attendinp- trial at the assizes, each day And for expenses, daily . Paid travellinfi' expenses Paid special jury and sheriff's fee . Paid C - 4 - (; - 4 - 4 - l?j - V. d. 1 1 - -08 - ;» 4 1 1 - - 15 - 2IICHAELMAS SITTINGS, 18 Nov. 7. Attending for certificate . Paid Drawing judgment .... Attending to sign .... Paid Drawing bill of costs, and copies (folios 40) Attending for appointment to tax . Xotice, copy and service Attending taxing . Paid taxing . Sittings' fee . . If not agency 10 - 3 14 3 4 1 1 - 15 4 - . Attending; consultation Attending Court ; order nisi discharged, witl costs ..... Attending drawing up order . Paid .' . \ Attending for appointment to tax . Copy and service of order and appointment Drawing bill of costs and copy for Master (folios 0) Copy for prosecutor's solicitors Attending taxing .... Paid taxing ..... Sittings' fee, &c. . 1 - - i; K - ;j 4 - 13 4 l:! 4 i; H 3 4 4 - fi ?> _ (1 8 1 1 - U). COSTS OF JUSTICES OX NOTICE OF APPEAL ACIAIXST A KATE, AXD OX SUMMOXS TO STAY PROCEEDIXGS UXDER ORDER OF THE COURT BELOW. TRINITY SITTINGS, IS . June 3. Attending the clerk of the union for instructions, and also on the summons Instructions for affidavit of Mr. C. in opposi- tion to the summons ..... Drawing same (folios 9) . . . . p]ngrossing ....... Drawing affidavit of J. A. D. in opposition (folios ;")) Engrossing ....... Xo commissioner residing within 12 miles, journey to U., the nearest place of business of a commissioner, and attending both affi- davits being deposed to . . . Paid rail and coach hire and expenses . Paid commissioner .... 6. Paid filing 2 affidavits Copy for appellants' solicitors (folios 14) Xotice of attending summons by counsel Drawing and fair copy brief (folios 10) Copy afiidavits, to accompany Copy summons .... Fee to i\[r. I), with brief, and clerk Attending him .... Attending summons, when defendants' solici //. £ - 11 - 4 C (/, — o — 1 1 - 4 S 4 - 3 4 4 H 1 - - 1 -68 D D 2 Crown Office.'] 404 £ .V. (I £ .S-. (1. tors indorsed on copy snmmons " Dismissed with costs "...... - G 8 Paid marking copy snmmons as a duplicate . - 2 - Paid for order, copy and service . . .-.")-- 8 G Drawing bill of costs, and 2 copies ... - (; - Notice to tax, copy and service ... - 4 - Attending taxing - G 8 Paid taxing ....... Letters, &c. ....... - u - 11. COSTS OF PROSECUTION UXDER THE DEBTORS ACT, 18Gi) (82 & 33 VICT. C. iVl). £ s. d. £ s. ({. 18 . Drawing special instractions for warrant against the debtor, and also for the charges to be made against him, and copy - 5 - '.Sept. 3. Attending at the stipendiary magis- trate's Court at B. with prosecutor, applying for and drawing warrant ; same granted ; and afterwards special instructions as to its execution, which was diflficult, as the debtor was likely to abscond ..... 11- Paid for warrant and execution . . . - 3 G C'lb fare and expenses - 5 G Nov. IG. Attending at L. railway station inspecting railway company's books, show- ing the receipt by the debtor of general goods in question ; engaged 3 hours . . - 13 4 Cab fare and expenses (.J miles) . . . - 7 G 17. The like attendance at L. railway station for the like purpose, as we believed goods had been surreptitiously consigned or secreted by the debtor there, and which turned out to be the fact .... - 13 4 Cab fare and expenses - 7 G 18. Attending before the stipendiary magis- trate when prisoner brought up, conducting prosecution, when case remanded for 1 week ........ 22 23. Attending at the house and shop of the debtor's mother at B. making incpiirics as to prisoner's trading, when we found that a quantity of goods had been disposed of there - 13 4 Cab fare and expenses (3 mile?) . . . - 4 G 25. Attending upon adjourned hearing of charge before stipendiary magistrate ; further evidence taken, and inquiry again adjourned ....... 2 2 - Crown Office.'] 405 ll. € K. il. Dec. 1. Attending final inquiry before the magistrate, when prisoner committed fur trial Drawing and transmitting retainer to Mr. U to prosecute at S. . Paid fee therewith, and clerk Writing stipendiary magistrate's clerk bespeak ing copy depositions .... Paid for same Instructions for and drawing case for counsel to advise on evidence, A:c. . Fair copy Attending counsel therewith . Fee to counsel therewith Instructions for indictment . Drawing same for counsel Fair copy transcript of debtor's examination before the Registrar, to accompany . Fair copy depositions, to accompany Attending counsel therewith . Fee therewith to counsel and clerk (13 counts) Perusing and considering counsel's opinion, &c. ........ 1-2. Journey to B. Police-court for and obtain- ing copy commitment for counsel, at his request, to enable him to draw additional count to indictment, and afterwards attend- ing counsel therewith .... Paid for copy commitment .... Paid cab fare and expenses .... Writing counsel specially instructing him to draw \ additional counts (making 20) Instructions for brief Drawing same (10 witnesses) 80, 31. Attending at S. upon the trial of the prisoner (2 days) ; prisoner convicted, and sentenced to 12 months' hard labour . Paid hotel bill and expenses, including room for witnesses ...... Railway fares ...... Telegrams, letters, messages, &c., not before charged .....•• Paid witnesses ...... Drawing and copy bill of costs and charges for taxing costs as in other cases. 1 U r, 4 ('. - 4 2 2 1 - (; 8 3 G 1 10 G •> 4 fi 8 10 - 1(1 (•) - - G 8 - G 8 13 4 (■) S 5 - 5 - 4 4- 1 - - Crown Office.'] 406 12. COSTS OF THE PROSECUTOR OX THE TRIAL OF AX TXDicT:\rEXT VOW A xuisAXCE, re:\I()vi:o by CERTIORARI To THE (,>rEEXS BEXCH DIVISIOX. HILARY SITTINGS, 18 The defendant bavins: removed indictment at Qnarter Sessions by certiorari to tlie Higb Court, instructions to prosecute . Attending,' searching for names of defendant's bail ........ Paid search £ .s. d. a s. d. - 6 - :3 4 _ •> _ TRINITY SITTINGS. June 20, Attending summons to nominate a special jury ; same adjourned until to- morrow ....... Close copy affidavit in .support Drawing and engrossing (i subpoenas ad test., and attending at Crown Oflice issuing same Paid . . ' . . . . . 27. Attending adjuurucd summons, order made ....... Drawing and fair copy notice for defendant to produce title-deeds of C, &c., the estate of which he alleged the wharf formed part Duplicate copy ..... Service of notice on defendant's solicitors July 2. Attending nominating jury Copy list of 48 y>. Instructions to reduce Attending when jury reduced Copy reduced list ..... Drawing and engrossing further subpoena Paid fee ..... . 4. Copy and service of subpoeiui on Mr. D at A Copy subpoena for Mr. J. E., of Liverpool, and writing him therewith, and that he would be required at the trial on the 5th of July, and thereon ..... Copy and service of subpoena on j\Ir. D ofG The like on 2o otlier witnesses ("),S'. each) Drawing brief (folios 12!)) . Fair copv for 'Slv. "W. .... The like'Mr. H Two copies notice to produce, to annex . Fee to ^Ir. with brief, and clerk . Attending him ..... Fee to him on consultation . Attending to appoint .... L I). - i) - k; -68 -28 2 - - 1 10 - - (I 8 2 l;J 4 ];) 4 (') 8 •J ('> 8 z i - - o — 7 6 6 '.) 2 3 - 2 ;i - - 4 - - G 8 - 3 4 Crown Office.'] 407 Fee to ^Ir. II. with l)i-iL'r, and clerk Attending him ...... .July. Fee to him on consultation . Attending him ...... "), Attending interpreter (Welsh) arranging for his attendance in Court to interpret evidence C. Attending consultation . . . . Attending Court ; engaged all day, when case partly heard, and adjourned until to-morrow 7. Attending Court, when the case was com- pleted, and the jury returned a verdict for the Crown ; engaged all day Fee to ]\rr. AV. with refresher Attending him ..... Fee to ]\Ir. II. with refresher . Attending him ..... Paid Couit fees and interpreter Sittinii's' fee . 10 - s. il. G 8 •> 4 (i s ];; 4 <; 8 8 15 - MICHAELMAS SITTINGS. Xov. l.j. Attending for and obtaining postea Paid fee 1 17. Attending to sign judgment . Paid fee ...... . Sittings' fee . 15 EASTER SITTINGS. May o. Attending searching for recognisance and obtaining names and description of bail 4. Drawing notice to defendant and his bail to appear for judgment .... Copy for service on defendant Two copies for service on bail Copy for duplicate ..... Copy for service on defendant's solicitor {',. Attending bespeaking notes of the trial, and afterwards for same .... Paid Service of notice on R. J., one of the bail The like on E. J. . The like on Mr. G. J. AV., country solicitor for defendant ....... 7. Attending to serve defendant with notice to come up for judgment, when, as he was too ill to be seen, we left notice Avith a clerk 13. Drawing affidavit of service of notice upon the bail and upon defendant's solicitor in the country (folios 5) .... Engrossing Paid oath ....... 14. Instructions to move for judgment . -16 -08 - 5 - - 5 — - 4 - _ •> _ G 8 8 4 3 4 3 4 - 5 - 1 8 - 6 Crown Office."] 408 lirief, anil cIltIc . the use of the Cuur Drawing observations to accompany (2 sheet Two fair copies ..... Fee to Mr. I. W. with Ijricf, and clerk . Attending him ..... Fee to Mr. C. II. with Attending him Copy indictment for (folios ;5r>) Attending to deliver 15. Drawing affidavit of service of notice on defendant to appear for sentence (folios 8) Engrossing ...... Paid commissioner's fee ... 1(5. Attending Conrt on defendant coming up to receive sentence, when he was fined, and ordered to pay costs .... 18. Attending for order for payment of fine Paid Attending for order for payment of costs Sittings' fee . - 10 - •s. (1. ];; 4 j;i 4 C, 8 ;5 4 - ]() - - :', 4 - 8 - - 1 8 13 4 ?, 4 8 4 15 - HILARY SITTINGS, IS Attending for appointment to tax costs . Copy and service of rule for payment of costs, and of appointment to tax Drawing affidavit of increase (folios 1(!) Engrossing . Attending swearing Paid commissioner's fee Attending filing . Paid . ^ . ' . Copy affidavit for defendant's solicitor . Drawing bill of costs and copy (folios 37) Copy for defendant's solicitor Attending taxing ..... Paid taxing Term fee (agency) .... Paid witnesses ..... — ;) — - k; - - 5 4 - i; ,s . - 1 (; - 3 4 _ S) G - 5 4 1 4 S - 12 4 - 13 4 1 1 - Crotim Office.^ 4()'J 13. OX OBTAINING LICENSE FOR QUEEN'S COUNSEL TO Al'PEAlt VOU DEFEXDAXT. Instructions to apply for dispensation to retain Mr. , Q.C - (; « Drawing retainer -^ -^ Retainer to Mr. , Q.C, and clerk . 1 ;'> C Attending him - 3 4 Drawing and engrossing petition for leave to assign Mr. , Q.C. Attending at the Treasury getting consent endorsed ....••• - Attending ut Home Office to present petition, and afterwards for same .... Paid for same ...... — o — YL (Y)STS OF PAELIAMENTAEY ELECTION PETITIONS. The costs of all proceedings relating to parliamentary election petitions are in the discretion of tlie Court, and generally follow the event, though there have been many exceptions to that rule where there have been special circumstances to displace the general rule. .Section 41 of the Parliamentary Election Petitions Act, 1x08 (:;i & 32 Vict., c. 12.J), enacts as follows : — "All costs, charges, and expenses of and incidental to the presentation of a petition under this Act, and to the proceedings consequent thereon, with the exception of such costs, charges, and expenses as are by this Act otherwise provided for,'' shall be defrayed by the parties to the petition in such manner and in such proportions as the Court or Judge may determine, regard being had to the disallowance of nny costs, charges, or expenses which may, in the opinion of the Court or Judge, have been caused by vexatious conduct, unfounded allegations, or unfounded objections on the part either of the petitioner or the respondent, and regard being had to the discouragement of any needless expense by throwing the burden of defraying the same on the parties by whom it has been caused, whether such parties are or not on the whole successful." By section -14 (?>) of the Corrupt and Illegal Practices Prevention Act (1883) it is enacted that "the rules and regulations of the Supreme Court of Judicature with respect to costs to be allowed in actions, causes, and matters in the High Court shall in principle and so far as practicable apply to the costs of petition and other pro- ceedings under the Parliamentary Elections Act (1808) and under this Act, and the taxing officer shall not allow any costs, charges, or expenses on a higher scale than would be allowed in any action, cause, or matter in the High Court on the higher scale, as between solicitor and client." Under this section costs of parliamentary election petitions are taxed on the higher scale, but not as between solicitor and client. The rules of the Supreme Court apply, and the ^Master has regard to Order 05, Rule 27 (21)), which provides that, "as to costs to be- paid or borne by another party, no costs are to he allowed which do not appear to the taxing officer to have been necessary or proper for the * See ss. 28 and 30 ; and see s. 34, which provides that " the reasonable expenses incurred by any person in appearing to give evidence at the trial of an election petition under this Act, according to the scale allowed to witnesses on the trial of civil actions at the assizes, may be allowed to such person by a certificate under the hand of the judge or of the prescribed olhcer [the registrar] ; and such expenses, if the witness was called and examined by the judge [see s. 32], shall be deemed part of the expenses of providing a Court, and in other cases shall be deemed to be costs of the petition." (See Rule 73, i7ifra.) Parly. Election Pefilmis.'] -ill iittaiiunent of justice or defending the rights of a party, or which appear to the taxing officer to have been incurred through over- caution, negligence, or mistake, or merely at the desire of the party." Among the examples of exceptions to costs following the event are the GidJdford Case (1 0']\I. & H. i:>), in which the petition failed, and ]\Ir. Justice Willes said, " Inasmuch as the petition was founded on strong prima faci-i grounds, and attended with reason- able and probable cause for pursuing the inquiry to a termination, I cannot visit the petitioner with costs ; each party must bear and pay his own costs," and the Norwich Case (4 0']M. & 11. 1 (50), in which, though the petition was successful, each party was ordered to pay his own costs, on the ground that the petition was oppressive, about a hundred charges of dlegal practices having been made, nearly all of which had failed. There is no appeal as to costs from the decision of the Election Petition Court {Lovering v. Dawson, L. E,. 10 C. P. 72G). Gexeral Principles.* The general principles regulating the taxation of costs under section ll of the Parliamentary Elections Act, 18G8, were laid down with tolerable clearness and precision in the cases of Hill \. Peel {\j^\\ Rep. 5 C. P. 172), Tillet v. Stracey (Law Ptcp. 5 C. P. 185), and Marshall v. James (Law Rep. U C. P. 702), and have not been materially departed from since. In the" first of these cases, it was laid down that "the party to whom costs are ordered to be paid is entitled to an indemnity for all costs reasonably incurred hy him in the ordinary course of the litiga- tion, but not to any extraordinary or unusual expenses incurred in consequence of over-caution as to any particular case, or from con- siderations of any special importance arising from the position or character of either of the parties, or any special desire on his part to insure success ; and that such extraordmary costs as a solicitor w^ould not be justified in incurring without distinct and special instructions from his client are not to be allowed, nor the costs of purely collateral proceedings upon which the party has failed, nor those which may have been occasioned by his default, negligence, or mistake." Thus, the ]\Iaster having in that case disallowed the costs of an unsuccessful application at chambers (and to the Court by way of appeal) to increase the amount of the recognisances under section G, sub- section f), of the Act, as being an endrely collateral matter, the Court held that these costs were properly disallowed. Where a principle as to the taxation is involved, " the Court will always entertain the question, and, if necessary, give directions to the Master ; but where it is a question of whether the Master has exer- cised his discretion properly, or it is only a question as to the amount to be allowed, the Court is generally unwilling to interfere with the judgment of its officer, whose peculiar province it is to investigate and to judge of such matters, unless there are very strong grounds to show that the officer is wrong in the judgment which he has formed" {Hill v. Peel, Law Rep. 5 C. P. 172, 181). * Johu Scott's Costs, .ith Edition, p. 310. ParJij. Election Petition^.'] 412 Preloiixary Expenses. In Hilly. Peel (Law Rep. .") C. P. 172), the Master disallowed all the costs incurred after the presentation of the petition and before the hearing, allowing instead a gross sum as " instructions for brief." There being no suflicient grounds shown to induce the Court to doubt that the ]\Iaster had exercised a right judgment in the matter, the Court declined to order a review, but at the same time intimated that "the parties are entitled to have the judgment of the Master upon the particular items in the preliminary expenses if they think fit, instead of their being included in the allowance of one sum in gross to cover the whole of what he raav think ought to be allowed." IXSTRUCTIOXS FOR BrIEF. Substantially in the discretion of the iMaster : see Hill v. Peel (Law Rep. o C. i\ 172) and TiUel v. Stmccij (Law Rep. o C. P. 185). Preparation, Length, and Delivery of Brief. For the IMaster's discretion ; see Tillel v. Slraceii (Law Rep. 5 C, P. 185) and Hugkex v, Meyrick (Law Rep. 5 C. P. 4-07). In the last- mentioned case, it was held that the time prescribed by the rules of ]\Iichaelmas Term, 1868, for the delivery of particulars of the alleged bribery, &c., is not to be treated as analogous to the notice of trial in ordinary actions. On the 14th of December, 18G8, a petition was presented against the return of the respondent for the borough of Pembroke, charging bribery, treating, and undue influence ; and on the 2Gth of February, 18(5',), notice was given that the trial would take place on the 1st of April (which was Tliursday in Easter week) : on the 22nd of March an order was obtained for the delivery of particulars of the acts of bribery, &c., intended to be relied on ; and on the 2'.)th the petitioner gave notice of an application for leave to withdraw his petition. The respondent's briefs were delivered on the 2;>rd and 27tli of March, and several subpoenas were issued before the commencement of the Easter holidays. On taxation of the respondent's costs, the Master disallowed the expenses of the subpffinas and the fees paid to counsel, and he also substantially disallowed the costs of drawing and copying the briefs and all the expenses of preliminary inquiries, conceiving that, by analogy to the rule which precluded the allowance of costs of preparing for trial before notice of trial given in an ordinary action, these expenses had been prematurely incurred. The Court ordered a review of the taxation. Number of Witnesses. This also is a matter for the discretion of the Master, subject of course to the control of the Court where the discretion is exercised extravagantly. Issuing Subpcenas. As to the proper time for issuing subpoenas, see Hughes v. Meyrick (Law Rep. 5 C. P. 407). Parlij. Election Pcfifions.^ 413 NuMBKR OF Counsel and their Fees. The number of counsel and the amount of their fees are matters for the discretion of the Master, sul)ject to the control of the Court where a proper case is shown for its interference {Tillet v. Strarey, Law Rep. 5 C. P. 1S5). In Hill v. Peel (Law Rep. 5 C. P. 172), the Master limited the fees of the leading counsel to 100 fjuineas with his brief, and 25 guineas each day for a refresher, and those of the junior to 7-") guineas with his brief, and 15 guineas each day (the case being one of an ordinary character), though the sums actually paid were considerably larger ; and the Court declined to interfere, but intimated that where, from its peculiar character, a case was shown to be of more than ordinary difficulty, the allowauce for counsers fees was not necessarily to be so restricted. And see Hughes v. Meijrirk (Law Rep. 5 C. P. -I-07). Consultation Fees, In Tillet V. Slraceij (Law Rep. 5 C. P. 185), the Master disallowed all the consultation fees during the trial, holding that they were covered by the allowance for " refreshers." The Court directed him to review his taxation in this respect, and to allow such consultations as he might judge to have been reasonable in the progress of the trial ; and this rule was followed in Tillet v. Straceij (Law Rep. 5 C. P. 185). ParUj. FAcction Prtitions PAELIAMEXTARY ELECTION PETITION EULES. (AS TO COSTS.) Michaelmas Term, ]. Costs shall be taxed by the ^Iaster,f or at his retiuest by any IMastcr of a superior Court, upon the rule of Court or Judge's order by which the costs are payable ; and costs, when taxed, may be recovered by execution issued upon the rule of Court ordering them to be paid, or, if payable by the order of a Judge, then by making such order a rule of Court in the ordinary wayj and issuing- execution upon such rule against the person by whom the costs are oi'dered to be paid, or, in case there be money in the bank available for the purpose, § then to the extent of such money, by order of the Chief Justice of the Common Pleas '•' for the time being, upon a duplicate of tlie rule of Court. (Now, by order of the Lord Chief Justice of England, to be obtained on production of the order of a Judge on the rota for the trial of election petitions.) The office fees payable for inspection, otlice copies, inrolment, and other proceedings under the Act and these rules, shall be the same as those payal)le, if any, for like proceedings according to the present practice of the Court of Common Pleas.* Additioxal Rules made Jaxuary 27, 187">. Rule 7;>. Rule 40 is hereby revoked, and in lieu thereof it is ordered that the amount to be paid to any witness whose expenses shall be allowed by the Judge shall be ascertained and certified by the Itegistrar, or, in the event of his becoming incapacitated from giving such certificate, by the Judge. Note. — The taxation by the Registrar is between the witness and the party to the petition subpocning him. The taxation by the j\laster is between the petitioner and the respondent. The certificate of the Registrar is not conclusive between the parties, and neither the Master nor the Registrar is bound by the scale of allowances to witnesses issued in IS.");'., but this should serve as a guide (J/cZarew V. Home, 7 Q. B. 1). 477, 50 L. J. Q. B. CoH). * Now the Queen's Bench Division of the High Court of Justice. t I.e., "the prescribed officer" appointed by the Lord Chief Justice of England. X See R. S. C, Order 42, Rule 24. § See Rule IG and Rules 63— G8 of the Additional Rules of IMarch 25, 18G9 ; P. E. P. Rules, Rogers on Elections, 17th Edition, by S. H. Day, p. G27. Parlij. EIrrtion Prfifio/ii,.'] 11.") 1. PETITIOXEKS' COSTS OF IM'TITION AGAINST TIIH RETUKX OF A CANDIDATE AT A COUNTY ELECTION. The 1'akliamextarv Election Act, ISCH, axd the CouRurT AM) Ili.egai- Practices Prevention Act, iHH'i. IN THE PIICH COURT OF JUSTICE. Queen's Bench Division. In the matter of the Election Petition for the Division of the County of . P>ETWEEX A. B., Petitioners, AND C. D., Respondent. Petitioners' Costs of Petition against the return of the Respondent at the Election for the said Division held on the day of , Ls'j-, on the ground of bribery, treating, undue influence, personation, and illegal practices in respect of payments and of the return of his election expenses. To be taxed pursuant to the order of, &c. ^ £ .V. >/. £ s. (I. 189 . July -J'J. Instructions for petition, in- cluding numerous attendances upon the petitioners and others .... 22- Drawing petition (folios 11) .... - 11 - Fee to counsel, Mr. , to settle same . Attending him - G S Aug. 0. Engrossing petition .... - 5 G I'archment . . . . . . . - "> - Attending the petitioners upon the draft petition and finally settling same, corres- pondence with them, and attending them again when they called and signed the engrossment ...... 11- Attending lodging petition and copies . . - G 8 Paid filing .' ^ - 2 G Preparing authority of solicitor to represent petitioner and attending lodging same . - G 8 Paid filing - 2 (! ]\raking 3 copies petition to lodge (folios 11 each) ....... - 11 - Attending paying £1,000 into Court as security and obtaining receipt, and afterwards attending filing same .... 11- Paid filing .-2G Preparing notice of presentation of petition and co])y for respondent .... - G 8 Copy jietition to serve ..... - 3 8 10. Attending respondent by appointment, serving him with copy petition ... - "> - Drawing and engrossing affidavit of service . _ .", _ Copy petition and notice to annex ... -."»-! Parli/. Election Petitionii.'] 416 ^Farkintr '2 exhibits ..... Paid oath and exhibits ..... Attendin<^ fihncr affidavit and paid. 23, Attendino; Mr. obtaining map of polling district and as to colouring same Paid his charges ...... Paid returning officer for copy declaration of Mr. and Mr. supplied by him (folios 40) .... 20. Instructions to amend petition Drawing amendments .... Fees to ^Mr. and clerk to settle Attending him Preparing and attending issuing sunimous to amend petition .... Paid Copy for service (folios ;">) Service thereof ..... Brief to Mr. to attend summons to amend Copy summons for him .... Paid his fee and clerk .... Attending him ..... 30. Attending summons, when order made costs to be costs in petition Paid Copy to file (folios rief to ]\[r. to attend summons Copy summons for him (folios 13) . I'he like affidavit (folios -s) . Attending him with brief Paid his fee and clerk .... - 2 - •) 3 8 1 10 8 3 (; 8 2 1) •> -44 2 8 2 8 8 4 4 2 8 8 2 4 G •) e s. fl. - 13 4 - 13 4 _ 4 4 1 1 - 9 Parhj. Election Petitions. '\ 117 £ .s. '/. 20. Attending summons for particulars when order made ...... Attendin*^ on Clerk of the ("rown at tlie House of Lords examininu' marked register . Paid fee . . ' 11- 24. Close copy order for particulars (folios 13) Sittings' fee MICHAELMAS SITTINGS. ■2i'<. Attending arranging conference with Mr. upon form of draft particulars . - r. Paid his fee and clerk . . . . .27- Nov. 3. Attending conference ... - 1 3 Close copy notice of trial .... - 1 f). Instructions for particulars (special) . . 5 5 Fair copy cases to be included in particulars (folios 12(t) for use of counsel Drawing particulars (folios 5(>) ... 2 1(5 - Fee to Mr. to settle and clerk . 5 10 - Attending him - 13 4^ Instruetions to him to advise on evidence . 2 2- 7. Paid his fee and clerk . . . . 5 10 - Attending him . . . . . . - 13 4 Copy particulars for the printer (folios 5(5) Examining and correcting jn'oof . Paid printer's charges (tal)nlar matter) , . •'> 13 9. Making copy particulars to file (folios 5(!) . Attending filing same .... Paid . . " Making copy for respondent . Attending to deliver .... Preparing 25 subpoenas ad test, and attending to issue ....... and B2, to the number of 'J8 (Nov. 12 to i>l) Total mileao-o in addition .... Xoticu to produce and copy for service (folios 11) - n - Service thereof - 2 G Affidavit of service of notice ... - 5 - Copy notice to annex - ;3 8 IMarking exhibit ...... - 1 - Paid oath and exhibit - 2 G Writing the Public Prosecutor with print of the particulars for his representative at the trial, as requested - 3 11). Drawing notices to witnesses of the dates when their attendance would be re- quired, and fair copy . .... -50 i*aid printer's charges therefor . . . 1 - - Filling up circulars, addressing and posting after making careful note thereof so as to prove same, to the number of Paid postage Instruct io7is for Brief, including numerous journeys to and other places in the Division of the county of Northumberland (which Division is the largest in point of area in the Kingdom, extending 50 miles in one direction and 30 miles in another, and containing 33 polling districts and about 11,000 voters). Attend- ances on the petitioners and their friends taking notes of cases to be inquired into. Arranging with ]\Ir. , of New- castle-upon-Tyne, solicitor, to assist as agent in interviewing witnesses and collecting the evidence (Mr. engaged the services of 3 extra assistants and investi- gated about 120 cases, including bribery, treating, undue influence, illegal hirings of bands and vehicles, and illegal practices by persons employed at the election by the respondent or his agent, and caused state- ments to be taken from about 200 wit- nesses, involving several attendances and journeys to about 30 towns and different places) ....... Perusing and considering the cases and proofs and maJnng c.rtrarls in writing from the local newspaper, also the collection and perusal of correspondence between the respondent's agent and certain voters, and the perusal, analysis and consideration of the return of the respondent's election expenses and the voucher therefor. Emjaged also scheduling Parlij. Election Petitions.'] '/. £ s. d. cases to be ultimately inserted in the jjar- ticulars. Attendances on the petitioners and their friends with reference to the evidence, and a great number of attendances upon agents, assistants and witnesses, and a large amount of correspondence. The amount paid for travelling and incidental expenses being £G0, and the total amount of agency charges up to the delivery of the brief (exclusive of London agency charges) being £L>4(t (.")(»() guineas charged). . . . 210 - - Drawing brief (folios 481) . . . . . 21 11 - Two copies thereof for counsel ... 1474 Two prints of petition to accompany (folios 11 each) ....... _ 5 _ Two copies order for particulars and further order for particulars (folios 1 G each) . . _ i o g Two copies particulars delivered under order dated October 21st, 1892 (written, folios 4.3 each) . . . . . . . i ] o - Two copies opinion of counsel on the case and on the evidence (folios 48 each) . . 18 8 Two copies return of election expenses with declaration by and certain vouchers (folios 45, 28 receipts, — folios 1?> each) 2 8 8 Two copies of extracts from the daily journal (folios 77 each) 2 11 4 Two copies of bills, tickets and programme referred to in the proofs (folios each) . _ g _ Two copies of facts as to agencies and sug- gestions for examination of Conservative agents (folios o7 each) .... 148 Two copies petitioner's notice to produce (folios 11 each) - 7 4 ])rawiug index of cases and 2 copies (folios 12 each) 1 _ _ Drawing alphabetical index of proofs and 2 copies (folios 17 each) .... 184 Two copies of Conservative Associa- tion report, 1892 (folios 10 each) . . - 10 8 Two copies Mr. 's election address (folios (■) each) _ 4 _ Two copies cases (folios 71) each) ... 2 U 4 Two copies extracts from respondent's speeches in ]\Iay, 181)2 - 2 - Two copies affirmation of (folios 4 each) - 2 8 Two copies for the Court as required by the Judges, of G reports of meetings copied from the file of the newspaper aud rendered necessary by reason of the impossibility of procuring prints from the office, November 25th (fohos 230 each) .... 7134 E E 2 Parly. Ejection Petitions.^ Fee to :\rr. - (.■lerk * Attendinu- him Fee to ^Ir. — 420 with l)rief and -J\. with brief and clerk Attending him ...... Attendances, letters, and telegrams to Mr. , Q.C., and Mr. , appointinir consultation at the Hotel Q.C., consultation fee and consultation fee and clerk on ^londay Paid Mr. clerk Paid :\rr. 21. Preparing schedules of witnesses to be called on 22nd and 23rd, and copies for counsel ....... Attending consnltatiou when counsel recjuired further witnesses called for the morrow instead of for Wednesday .... FiUing up and dispatching 54 circulars to witnesses varying days for attendance as required by counsel, and postage 22. Two copies particulars for the Court Attending Court upon the hearing of petition when case opened. (Engaged all day, self and 2 clerks) Circular to GG witnesses to attend, and dis patching same and ]3ostage 2:). Piefresher fee to Mr. , Q.C., to attend Court second day, and clerk . Attending him Pefresher fee to 'Mr. and clerk Attending him Attending Court when hearing of petition proceeded with. (Engaged all day) . Paid consultation fee to Mr. , Q.C. and clerk ...... Attending him Paid consultation fee to ]\Ir. and clerk Attending him Attending considtation Telegrams to l(t witnesses to attend to-morrow instead of 2."»th . l^aid telegrams and delivery 24. Attending Court when hearing of petition continued and respondent's case opened (self and 2 clerks) Paid consultation fee to i\lr. , Q.C, and clerk ....... < — — k; 9 7- - 15 t s. a. 9 _ 1 1 - 10 - - 18 4 10 - 8 - 4 - 11 - 1 - 13 4 4 - G 8 G 8 13 4 1 ;; 4 4 4- * The fees actually paid were considerably larger. It is not usual to allow more than 100 guineas to the leading counsel, and fees in proportion to the junior counsel, but this was a case of more thaii ordinary difficulty. See Hill V. Peel, L. R. 5 C. P. 172. Parly. Election PetHions.'\ 421 >L £ ];; 4 Attending him Paid consultation fee to ^Ir. and clerk . . . . . . .!;)(; Attending hira ...... Attending consultation Drawing notice to witnesses relieving them from further attendance under subpfjena in order to save expense .... Attending printer therewith and examining proof 1 - - Paid printer's charges - 3 Filling up and dispatching 84 copies, making notes in order to prove same Postage - 7 - 2G. Attending Courtwhen respondent examined and cross-examined ..... 44- Paid consultation fee to ^Ir. , Q.C., and clerk . . . . . . .27- Attending him ...... - 8 Paid consultation fee to Mr. and clerk . . . . . . . 1 o () Attending him ...... - G 8 Attending consultation ..... - l;i 4 Attending Court when hearing of petition continued and judgment given, the Court rising at G.oO p.m 4 4- The like attendance of Mr. 's solicitor and managing clerk to petitioner's solicitors (7 days) _ . . 14 14 - Two other clerks (included in 4 guineas per day, above) ...... Paid attendance of shorthand clerk at the hearing, taking full shorthand note (7 days) Paid the Kegistrar Court fee for copy return . - 10 - '2'd. Drawing Schedule A of witnesses examined, with notes thereon for the information of the Registrar upon settling the certificates of allowances, and by way of instructions to agents, and for the purposes of taxation, including attendances upon Mr. procuring information from him as to the dates of attendances and status of witnesses, and settling draft folios .... 44- Dec. 2. On receipt of notice from Registrar of appointment to-morrow to assess wit- nesses' expenses, and asking us to wire acknowledging receipt, preparing telegram to him accordingly ..... -30 Paid . . '. - - 1" Paid telegram to country to know if we should be ready to-morrow and for reply . . - 1 (! On receipt of reply, preparing telegram to Registrar, with appointment for to-morrow - 3 G Paid - - G Parhj. Election Petitions.'] 422 il. £ .S-. it. 3. Attending appointment before the Regis- trar upon witnesses' attendances on first day. (Engaged 2} liours) .... II- "Writing the Registrar, acknowledging receipt of his telegram ...... - 3 G 22. Attending appointment before the Regis- trar, proceeding with taxation of witnesses' expenses -08 Attending to draw nj) order on petition . - C s Close copy, copy draft order .... - 2 - 28. Writing respondent's solicitors with di-aft order for approval - 3 G 181)3, Jan. 4. Attending appointment before the Registrar when he taxed the witnesses' expenses. (Engaged from 1 1 until 1.1. 1 p.m.) i ] - Sittings' fee 11- HILARY SITTINGS, 1893. 1 3. Perusing respondent's solicitors' alterations in draft order, and reviewing same . . - G 8 18. Writing respondent's solicitors, returning draft order and sending them certificate, and informing them of conduct-money paid Ijy petitioner to their witnesses ... - 3 G Upon receipt of lOU certificates, drawing circu- lar to witnesses, with cheque and form of receipt for witnesses to sign and return . - G 8 Paid printers therefor . . . . .17 2 Engaged entering up schedules with amounts of certificates, and calculating amounts for which cheques should be drawn after deduct- ing conduct-money ..... - 1 3 4 Paid stamps on cheques and postage . . - IG 8 30. Upon receipt of further certificates of allowances to the number of 1), engaged drawing cheques and filling up circulars and attending dispatching same as before . . - 10 G Paid stamps on cheques and postage . . - 1 G Feb. 2. Attending, obtaining further certifi- cates from Registrar - G 8 Paid stamps on cheques and postages . . - 1 - Numerous letters in rejily to witnesses in fur- ther explanation of the nature and cflect of the certificate of the Registrar and witli reference to the allowances Sittings' fee 11- EASTER SITTINGS. Drawing bill of costs and copy for ^Master and copy for respondent's agents (folios , at 1.S-. per folio inclusive) .... Attending for appointment to tax ... - 3 4 Parly. Election Pefitions.^ 423 £ s. (I. £ s. d. Notice of taxing copy and service ... - 4 - Attending- taxing costs ..... 55- Paid witnesses as per schedules . . 240 18 - Attending the under-sheritf (returning otficer) with reference to his account for advertising, and afterwards paying same ... -(58 Paid under-sheriff's charges April 2. Drawing affidavit of increase (foUos 22) 1 2 - Engrossing ....... - 7 4 Attending to be sworn - (i 8 Paid oath and filing . . . . . - 4 - Copy for the other side ..... - 7 4 Notice of application to Judge in Chambers, copy and service ..... - 4 - Attending the Judge on his making order for payment out of £1,000 deposit ... - 13 4 Paid for order . . . . . . - 5 - Copy and service thereof .... Close copy Attending at election petition office with original order, and on their handing us authority to Bank of England to pay money out of Court - () 8 Copy order to keep ..... - 1 - Attending lodging original order and bespeak- ing cheque, and subsequently attending for and obtaining amount . . . . - 13 4 Attending at election petition office, bespeak- ing office copy postea endorsed on petition . 8 Paid for same . . . . • .-20 Copy and service thereof .... - 4 fi Close copy - - ~ Sittings' fee 11- Letters, messengers, postages, and other inci- dentals throughout, and very special agency correspondence ...... 5 ,) - Schedule of payments to witnesses - 1 - ParJij. Election Pelitions.'] 424 2. THE RESPONDENT'S COSTS ON PETITION AGAINST HIS RETrP.N AT A COUNTY ELECTION. Till-: Paui.ia.mextauy Elections Act, 1808, and the Corrupt AND Illegal Practices Prevention Act, 1883. IN THK HI<;H court OF JUSTICE. (Queen's Bench Division. In the matter of a Petition from the Division of the County of Between A. B., Petitioner, AND C. I)., Respondent. Dec. 2(!. Instructions to oppose petition against the return of the respondent Drawing appointment of agent for respondent's signature and fair copy Atteiuhng the respondent, obtaining his signa ture thereto ..... Attending filing ..... Paid stamp ...... Perusing petition ..... Close copy (fulios 7) . Perusing notice of recognisance having been completed ..... Close copy Attending at election petition office search- ing if roll duly signed by petitioner's agents Jan. 4. Preparing special form of summons for particulars of the matters complained of, paragraphs 'd and 4 of petition . 8. Fee to Mr. to settle . Attending him ..... Attending to issue summons . Paid stamp Copy summons for Chambers Copy and service ..... Notice of attendance by counsel 12. Instructions to ^Ir. to attend summons ...... Copy summons for him Fee to him and clerk .... Attending him 13. Attending summons for particulars, order made ...... Paid for order ..... Copy and service ..... £ .s. d. 2 (5 4 G - 3 - s. d. 2 - (') 8 (; 8 8 13 4 2 4 {', 8 •) 8 - G 8 -10 - - G 8 -34 G 8 G 8 13 4 3 G Parlij. Election Petitions.'] 425 Having been served with summons to amend jietition, close copy Instructions to Mr. to oppose sum- mons ...... Fee to liim and clerk .... Attending' him ..... Copy summons for him 21. Attending the summons, order made Perusing amended petition . Close copy (folios 10) .... 2!). Perusing particulars Close copy (folios , _ Two copies for counsel 7 1.") 4 Two copies notice of petition being filed (at 4r/. per folio) _ 5 4 Two copies petition _ ;-> 4 Two copies order to amend petition . . _ 4 _ Two copies amended petition (folios 10) . _ (; s Two copies order for ])articulars (folios (!) . - 4 Two copies particulars under same (folios 8) . - 5 4 Two copies order for particulars of names ad- dressed, &c., of parties alleged to have been guilty of illegal practices, bribery, &c. ('olios lO) - 10 8 - 11 - * See the similar charge in petitioner's bill of costs at p. 419, and state shortly what done and the time occupied in getting up the case and the expenses of obtaining the evidence. Parly. Election Petitions.'] 427 Two copies particulars under same, and of further particulars together (foh'os GO) Two copies observations thereon (folios 4;!) . Two copies register of voters (folios .")) . Two copies declaration of election agent (folios 7) Two copies declaration of candidates as to ex- penses (folios 8 - 4 8 - 5 4 1 4 - 4 - - 4 - 8 - - 14 8 1 3 4 1 - - 4 8 1 1 - (i 8 13 4 r. 8 (; 8 ('. 8 8 * As to fees to counsel, see Hill v. Peel cited at p. 413. t If at a distance from London higher fees may be allowed (see the peti- tioner's bill of costs preceding this bill). Parhj. Ekciion Peiiiions.] 428 £ s. (J. £ H. d. ?>. Attending the consultation ... - 1>} 4 Attendance at Court all day, ])etition further jn'oceeded with, when ])etitioner's counsel withdrew certain of the charges alleged against the res])ondent, self, and several clerks ....... .") ;j - Refresher fee to :\lr. , Q.C., and clerk ] 1 - - Attending marking refresher .... - (5 8 Kefresher fee to ^Ir. and clerk . .J 10 - Attending marking refresher . ... - 8 4. Attending Court all day, self and several clerks, when petit ion was dismissed with costs ....... ;")")- Drawing bills of costs and copies ... ;^ 18 - Attending lodging bill and for appointment to tax - (I 8 Notice thereof, co])y and service ... - 4 - Attending taxing (discretionary) . Sittings' fee 11- Paid witnesses as follows .... :3. RESPONDEXT'S COSTS OF SPECIAL CASE STATED BY • AX ELECTIOX JUDGE— UXDER S. 11, SUP.-S. IC, OF THE PARLIAMEXTARY ELECTIOXS ACT (18G8), 81 & 32 YICT. C. 12.5. TRINITY SITTINGS, 189 . £ .s. d. May 4. Instructions to ajjpear for the respondent on the special case . . . . . . . . .-(18 Pernsing and considering the case, and making notes thereon for counsel . . . . . . . . . - 1 ;] 4 Copy for counsel (folios !()) . . . . . . - T) 4 Close copy . . . . . . . . ,-54 Attending counsel with copy case, conferring thereon, and arranging as to course to be pursued and as to interview he was to have with Judge on Thursday next . . - ('> 8 10. Attending at Election Petitions Office ascertaining the last day on which the case could be presented this term - o 4 Attending jMr. J. (petitioner's solicitor) on his calling, arranging with him the course the matter was to take and as to the a])})lication he was to make to the Court t(j appoint a special day for the hearing . . .-(18 Writing to Messrs. G. it Co., shorthand writers, for short- hand notes of judgment . . . . . . - o 18. At counsel's desire attending settling special case in conference, and he wished if possible to see transcript or notes of judgment and subsequent argument before finally settling case . . . . . . . .-134 Fee to him and clerk . . . . . . . 1 (i - Parly. Elcciion Pffitimis.] 420 i .^•. ' Attendinn^ Mr. J. on his callino;, and arranging with him as to the course to be taken by Ijoth our counsel in settling the special case before the Judge on Thursday . 20. Attending shorthand writer and obtainiug shorLluuid notes of judgment ..... . . Paid for same ......... Attending counsel when case finally settled Fee to him and clerk ....... Writing Mr. J. returning case approved as altered, and clerk's attendance ....... Making facsimile copy special case showing alterations in red ink, &c., for counsel on his attendance before Judge (folios K!) . . . Attending him therewith and with papers 22. Attending with Mr. J. and our respective counsel, going through special case and settling same as far as practicable before going to see the Judge ; engaged long time .......... 2?). Attending before Judge with counsel, and finally settling draft case Paid counsel's fee for attendance ..... 2"). Attending Mr. J. on his calling to inform us that he had lodged the special case, and explaining the arrangement he had made with regard to counsel moving the Court to fix a special day of which we approved Drawing telegram to Mr. J. that we had received special case signed, and to call on us as to lodging copies, and attending to dispatch, and paid Making copy special case for Mr. Justice (folios 16) .... Copy petition, to annex (folios 10) ..... Attending lodging same aud setting down Paid fee Making copy special case for Mr. Justice !«•) Copy petition, to annex (folios 10) 28. Attending Court on application being made to fix special day for hearing, when Thursday, June 4th, was fixed Instructions for brief on argument of special case, includ- ing perusals of the shorthand notes of the judgment and subsequent discussion on points of law reserved and the special case, and looking up and referring to various decided cases and statutes bearing upon the points at issue .......... Drawing brief (folios (!."») ...... Two fair copies thereof for counsel (folios (i5 each) . Two fair copies judgment (folios 142 each) Two fair copies discussion after judgment (folios 42 each) Two fair copies of the petition, to accompany (iolios 11 each) Two fair copies of tlie special case (folios 1(1 each) . Attending Mr. A., Q.C., with brief Fee to him and clerk ....... (folios f; H C. K C. H 4 (; .") 4 C. 8 -13 4 2 2 — 2 4 (■> 4 4 :> 4 ;; 4 (■> 8 5 4 3 4 •> ;> — 2 3 4 4 14 8 1 8 - _ 7 4 - 10 ,s - 13 4 !1 1.') - Parhj. Election Pefifions.] 430 Attendinu- him appointing consultation . Consultation fee to him and clerk .... Attending ^Iv. E. with brief Fee to him and clerk ...... Consultation fee to him and clerk .... Attending consultation Attending Court, argument took whole day, and not con eluded " . June 4. Refresher fee to Mr, A., Q.C., and clerk The like to Mr. E Attendances to pay same ..... .J. Attending Court, argument concluded, and judgmen reserved ........ Attending Court Avhen judgment given and the i^etitioucr declared not entitled to the seat .... Attending to draw up order Paid ^ Copy and service ....... Attending obtaining appointment to tax . Drawing bill of costs and copy, and copy for the ]\rastcr Attending taxing ....... Paid taxing ........ Terms, fees, letters, &c. ...... 11 ,S'. _ 1 1 - - (; 8 - c 8 1 - 1.") - 4. RE8POXI)EXT'8 COSTS OF AND INCIDENT TO OBJEC- TION TO THE RECOGNISANCES OF J. D. AND J. T, TWO OF THE SURETIES PROPOSED BY THE ]^ETI- TIONER, PURSUANT TO ORDER OF MASTER. HILARY SITTINGS, ISO . ]\Iarch 0. Instructions to object to 2 of the sureties, in- cluding perusing and considering the petition, 2 recog- nisances, and 2 atliduvits . . . . . . Drawing notice of objections, and engrossing in duplicate Attending serving same ....... Attending ]\Iaster obtaining appointment fur Friday at 11 to consider sufficiency of sureties .... Notice thereof to Mr. G., copy and service 11. Instructions for affidavit objecting to Mr. D. as surety, including 4 hours' inquiries on the 4th at i\I. and at other places, and con-espondence thereon, and including attendances at M. Bankruptcy Court, and searching files of proceedings, from which it appeared that he had been twice bankrupt, and taking notes therefrom Drawing same (folios 0) ... Ingrossing ' . Attending deponent to be sworn I'aid oath ...... Copy for other side .... Instructions for affidavit objecting to Mr. T. as surety, fl 13 4 (■) 8 •> i; 8 4 — - a - 1 - (I - 1 - 1 Parhj. Election Felitiom.] 431 includino- two journeys to Liverpool from Manchester on March 7th and I'.lth, the surety residing? there, and niakini;; various necessary inquiries, and telegrams and correspondence with reference thereto . Drawing same (folios 5) Engrossing ....•••• Attending deponent reading over, and to be sworn . Paid oath Copy for other side Attending delivering copy adidavits to petitioner's solicitor Notice to petitionerlhat we should attend appointment by counsel .....••• Instructions for brief to counsel to support objections Drawing same (folios Ih) Fair copy Copy affidavits, to accompany The like notice of objection Attending i\[r. A., with brief Fee to him and clerk ...... 13. Attending appointment before Master, and after con- siderable discussion same was adjourned for petitioner to file further affidavits, with liberty to us to examine the sureties orally, if we thought fit ... . Attending fihng 2 affidavits of Mr. L Paid filing 14. Atteiiding respondent, obtaining his instructions to have an oral examination of the sureties 18. Copy further affidavit of Mr. D. as to sufficiency of his surety (folios 5) The like of :\rr. T Perusing copies ........ Close copies . . . . . • • _ • 20. Attending searching for bill of sale, &c., against J. D. Paid search .....•••• Attending searching for bankruptcies against him . Paid search .......•• On receipt of instructions to cross-examine Messrs. D. and T., drawing notice to J. D. to attend for cross-examina- tion and produce documents Copy for service ........ The like notice to Mr. T. Copy for service ........ Attending serving both notices Close copies ......... Notice of attending adjourned appointment by counsel Brief copy further affidavits of sureties for counsel, and notice to attend and be cross-examined (2 brief sheets) . Drawing and copy observations for cross-examination Attending counsel with further papers . . . . Fee to him and clerk ....... 21. Attending appointment before Master, and neither of the parties attended ; and, after some discussion, order made for their ]ieremptory attendance on Thursday next, or security would be declared insufficient •) — — - T) — - 1 X - C. S - 1 c. - 1 8 4 (i 1.") 1 - ('. 8 5 C - 13 4 -(18 - 5 - - (i 8 1 8 1 8 3 4 3 4 (■) 8 1 - 1 - - 1 •> _ 4 - (5 8 C 8 ('. 8 .') - 13 4 Parhj. Eleclion Petitions.] 432 Attending appointment, and neither surety attended, and blaster made an order for payment of the money into Court .......... Drawing special order and afterwards getting same signed and settled ........ Copy and service ....... Copy for the ^Master Close copy Attending at the Bank of England to ascertain if money had been paid into Court, and found it had . Drawing and copy bill of costs and copy for the ]\Iaster Attending obtaining appointment to tax Notice thereof, copy and service .... Attending taxing Term fee, letters, &c Paid taxing s. (1. 1 13 4 s . - 1 1 - ('. 8 _ IT) _ - b 4 - ■1 - — 1?> 4 . - 15 - , - - - P.ESrOXDEXTS' COSTS OF PETITTOX OX A PECOUXT AXD WITHDRAAVAL OF PETPriOX BEFOPtE TRIAL. 1805. Aug. 10. Instructions to appear for both respondents ..... Perusing petition (folios 2(i) . Close copy for agent .... Drawing authority to act as agent (folios 3) Fair copy ...... Attending respondent A on his signing same The like respondent B . Paid filing ...... Copy to keep Writing Messrs. , petitioners' solicitors, that we had been instructed, and that there was no objection to a recount, and that the respondent desired an early day to 1)6 fixed therefor ..... Attending petitionei's' solicitors, conferring generally and upon course he proposed to take to get a recount ..... Attending at election petitions' ofhce, inspect- ing original documents filed by petitioners, and perusing Close copy summons for recount foi' agent (folios (";) Attending appoiuting conference with Mr.— ^ . ' Fee to him and clerk ..... 14. Journey to London attending a conference with counsel, when he advised generally as to course to be taken ..... Railway fare, hotel expenses, &c. . £ .S-. (J. £ s. (1. 1 - 1 1 - - G 8 - f) 8 - 3 - - 1 - - () 8 - G 8 - 1 - -36 - G 8 - Q ^ - 2 - - G 8 Parlij. Election Petitlons.l 433 Instructions to counsel on petitioners' summons for recount .... Copy summons to accompany (folios (I) 15. Attending counsel therewith . Fee to him and clerk Perusing affidavit of returning officer (folios 1") ' . . Copy affidavit of returning officer for agent Preparing notice to under-sheriff of appoint ment as respondents' agent Writing him therewith .... IG. Attending summons for recount,ordermade 20. Attending at election petitions' office, con- ferring as to arrangements for recount and also on petitioners' solicitors 24. Instructions for hrief to counsel on recount Copy order for recount (folios (!) . Attending Mr. therewith Paid him fee and clerk .... Attending to appoint conference . Paid conference fee and clerk Attending conference .... 26. Attending recount. (Engaged all day) Hotel expenses, railway fare, &c. (as paid) Clerk's attendance .... Instructions for brief to junior counsel . Copy petition to accompany (folios 20) . Copy affidavit of returning officer (folios 17) Attending him therewith Paid his fee and clerk .... 27. Attending adjourned recount. (Engaged all day) ...... Hotel expenses ..... Clerk's attendance .... Refresher fee to Mr. and clerk 28. Attending adjourned recount when same completed ...... Kefresher to Mr.— and clerk (third day) On receipt of letter from petitioners' solicitors that petition would not be proceeded with, and that application to withdraw would be made at proper time, writing acknowledging Close copy (folios 8) Sept. 4. Attending at election petitions' office, perusing report of recount, and bespeaking copy Paid for same Close copy report . Attending appointing conference Paid fee and clerk 14. Attending conference Writing petitioners' solicitors long letter, on their proposing to postpone application to withdraw petition till afler long vacation . J.C. £ .S-. fJ. - 13 4 - <; 8 - 5 8 3 4 3 (; 13 4 11 1 c. - 2 4 C 1 1 - () 8 - 13 4 - 2 - - (; 8 - G 8 _ 13 4 3 3 - 1 1 _ - () 8 - G 8 - 5 8 — G 8 3 3 - 1 1 _ 10 10 1 G 3 3 - 3 G -28 G 8 G - 3 4 G 8 13 4 - F F Parly. Ejection Petitions.'] 434 £ s. d. £ IS. Attending petitioners' solicitors on their calling and giving us result of communica- tion with election petitions officer as to proper course to take to withdraw petition and as to constituting a Court in tlie long vacation ....... Writing petitionei*s' solicitors acknowledging their letter Close copy 30. Attending petitioners' solicitors to let them have notice of intention to apply for leave to withdraw petition, when I was informed papers were with counsel, and subsequently attending on their calling, handing me copy of notice of their intention to apply to with- draw petition ...... Perusing same ...... Copy for election petitions' office . Xov. 2. Attending petitioners' solicitors con- ferring with them as to their intended application for leave to withdraw petition, and informing them they must take some steps as the delay was getting serious C). Perusing affidavit of petitioners (folios 14) Like of petitioners' soUcitors (folios 7) . Like of Mr. (folios 7) . Paid for copies €lose copies ....... 10. Instructions for affidavit of respondents' agent ....... Drawing same (folios 14) . . . . Fee to counsel to settle and clerk . Attending him therewith .... Engrossing affidavit ..... Attending swearing ..... Paid oath ....... Attending filing Paid filing ....... Attending appointing conference . Paid conference fee and clerk 12. Atteuding with London agent in con- ference with counsel as to the best course to be taken on the hearing of the application, and on his advising as to aifidavits in reply by both respondents and their election agent ....... Instructions for affidavit of Mr. (election agent) Drawing same (folios 5) Engrossing Writing Mr. with affidavit requesting him to swear same and return it Paid oath Attending filing -94 4 (5 1 ('. 1 - (1 8 ?> 4 1 - ('. 8 4 8 ■1 4 2 4 U 4 (5 8 4 - ('. 8 4 8 (; 8 •^ 4 (■) 8 1 1 - 1 — (; 8 — - - 1 8 - a c. _ ;3 4 Parly. Ekriion Pelitions.'] 435 Paid filing? . Drawing affidavit of ^\x solicitor) (folios h) Engrossing . Attending swearing Paid oath Attending filing . Paid filing . Instructions for allidavit of respondent I Drawing same (folios o) Engrossing, &c., &c., as above (Similar charges for affidavit of re- spondent B.) 13. Writing petitioners' solicitors informing them of the affidavits of respondents, their solicitor, and election agent, and that copies would be ready for them to-morrow morning ....... Instructions for brief on behalf of the respon- dents Drawing same (folios 25) Two fair copies Two copies of petition and notice (folios 20 each) Two copies of order for recount (folios 7) Two copies of election petitions officer's report (folios 10 each) . Two copies of petitioners' affidavit (folios 28 each) Two copies of respondents' affidavits (folios 27 each) . Two copies of notice of application (folios 4 each) Two copies of affidavit of under-sheriif (folios 17 each) ...... Attending Mr. , Q.C., therewith Fee to him and clerk .... Attending appointing consultation Consultation fee and clerk Attending Mr. therewith. Paid his fee and clerk .... Consultation fee and clerk Copy affidavit of respondent A for public prosecutor (folios 5) . The like respondent B (folios 5) . The like solicitor (folios 5) . The like election agent (folios h) . 14. Attending consultation with counsel 15. Attending Court when application made by Mr. , Q.C., for leave to withdraw petition, when order made upon payment of costs by the petitioner .... Attending searching list .... Close copy order to withdraw Drawing bil^ of costs and copy, and copy for (respondents £ s. 2 (J £ s. d. mdent . i. - 1 (5 - 1 8 - C 8 - 8 4 -08 - 5 - 10 7 2 2 1 5 - 10 - 13 _ 2 11 13 - 8 - 18 8 - 18 - - •> « -08 13 11 - - 1 3 _ 1 8 - 1 8 - 1 8 - 1 8 — 18 4 2 2 - 8 — 2 - F F 2 ParUj. Election Petitions.'] 436 £ .s. //. £ , at Is. per petitioners' solicitors (folios folio) Notice of taxing copy and service . Attending taxing Letters, telegrams, &c Paid :Mr. (election agent) for ;} days' attendance at recount, hotel and railway fares . c c. - - 4 - 1 1 - '2 -2 - RESPONDENT'S COSTS IN REFERENCE TO ORDER FOR CHANGE OF PLACE OF TRIAL, AND ORDER FOR FURTHER AND BETTER PARTICULARS, AND OF THE COSTS SOLELY APPLICABLE TO PAR- TICULAR ISSUES IN WHICH THE PETITIONERS FAILED. MICHAELMAS SITTINGS, 1894. £ .S-. Oct. 29. Notice of intention to apply for change of place of trial, copy and service . 31. Brief on motion on application that should be the place of trial . Fee to Mr. with brief and clerk Attending him ...... Paid conference fee to him and clerk Attending him ...... Attending conference Attending the Divisional Court when Wednes- day next was fixed for the hearing of the application before 2 of the Judges on the rota for the trial of election petitions . Notice to Messrs. that Wednesday had been fixed for the hearing of the appli- . Engrossing petition on [larchment (folios 1 0) Paid for parchment ..... Making 3 copies for election petitions' office . 25. Attending to present petition . Paid filing ....... ]\Iaking copy petition for service (folios 10) . Attending serving same personally on respon- dent in London ..... Drawing and fair copy appointment as agents Atteiuling petitioner on his signing same ■ . Attending filing ...... Paid filing ....... Drawing and fair copy notice of presentation of petition and of proposed security (folios a) Service thereof ,...•. Xotice of appointment of agent's copy and service ....... Instructions for recognisance by Mr. ■ in the sum of £;500 .... Drawing same (folios 8) . . . Engrossing same ..... Paid parchment ..... Instructions for affidavit of justification Drawing same (folios 4) . . . Engrossing same ..... 28. Attending Mr. and with him before the prescribed officer when the recog- nisance taken ...... Attending him to be sworn to affidavit of justi- fication ....... (I 2 G - 2 C 1 G 1 1 - 10 _ () - 5 10 - - (5 8 - - - 4 - -68 - 8 - - 4 - - G 8 - 4 - - 1 4 Municipal Election Petitions.'] 441 £ 8. (I. £ s. d. Paid oath - 1 Paid stamps on filing recognisance and affi- davit of jiistilicatlon . . . . . - G 6 Drawing and fair copy notice to respondent of com))letion of security (folios 8) Attending searching book for name of the respondent's agents ..... Service of notice of completion of security on respondent's agents ..... Drawing and engrossing affidavit of service . Attending to be sworn ..... Paid oath filing ...... Notice of filing copy and service Copy affidavit of justification for respondent's agents (folios 4) ..... Preparing and attending to seal summons for leave to state a special case Copy for the Judge ..... Copy to serve and service .... Paid stamp on summons .... Feb. 4. Attending to obtain Judge's special leave for the summons to be heard to-morrow Brief to Mr. to attend . Copy summons for him . Copy affidavit to accompany (folios 28) The like the petition (folios 10) Paid fee to him and clerk Attending him .... Feb. 5. Attending summons before the Judge when the respondent's solicitors objected to the case being finally settled by the Registrar, but the Judge stated that that was the usual course, but there might be liberty to apply, and made the order accordingly and certified for counsel ...... - 18 4 Paid stamp on order Order copy and service . 0. Copy order for petition office Paid filing ..... Instructions for special case .... Drawing same (folios 12) . Paid feeto Mr. to settle same and clerk 2 4 Attending him ...... Fair copy, same for respondent's agents . Attending them therewith and conferring thereon ....... 18. Writing them that we should be glad to have the draft returned approved 20. Attending Registrar conferring as to pro- ceeding with the settlement of the special case, and he gave an appointment for Friday next Drawing and attending dispatching telegram to Messrs. , as promised, of appoint- ment ....... 8 - 6 8 2 6 5 - 4 _ 4 - 1 4 (') 8 2 - 3 6 (5 8 10 - 1 - 4 3 4 2 4 G G 8 _ 9 - 8 6 1 - 1 1 _ 12 - (5 8 - 4 - - {] 8 - S G - (■) 8 3 4 Miinicipal Election Petitions.'] 442 Paid for same ...... AVritiiit,^ them in confirmation of teleg:ram jMakinu" fair copy of case for Ite^istrar as altered by respondent's counsel (folios ;5o) . 21. The like for Mr. , counsel . Instructions to Mr. to attend before the Registrar, Mr. , on appoint- ment to settle special case Paid fee to him and clerk Attendinij him 22. Attending appointment before the Registrar settling special case 2'd. Having received same, making fair for .Mr. (folios 22) copy The like for Registrar to sign (folios 22) ]'aid fees to Registrar settling special case 25. Having received draft case finally settled. and agreed, making copy for the Registrar to sign (folios 12) . 2G. Attending appointment before Registrar when special case signed . ]\raking copy case for the printer (folios 12) Examining proof ..... Paid printer's bill ..... Attending filing special case . Paid filing Attending setting down special case Paid stamp ...... Three copies special case for the Court and Judges (folios 12, at 'dd. each) . Attending to deliver .... Notice of setting down copy and service Instructions to Mr. to apply to have a day fixed for argument . Paid fee to him and clerk Attending him ..... March 4. Attending Court when application made, and Monday next appointed for the argument of the special case . . Instructions for brief on argument of special case ....... Drawing same (folios 14) . Making 2 copies brief for counsel (folios 14 each) Two copies special case (folios 12 each) . Two copies petition (folios 10 each) 5. Paid fee to Mr. , Q.C., with brief and clerk ...... Attending him ..... Paid consultation fee to him and clerk . Attending him ..... Paid fee to Mr. with brief and clerk Attending him ..... Consultation fee to Mr. and clerk s. d. £ s. d. - 10 10 - 10 \?> 4 5 G - (5 8 1 1 - _ 7 4 - 7 4 12 - 1 - - 9 _ _ 21 IT) - k; 1 y G - 4 - - G 8 - 4 - - 2 - - G 8 - G 8 - 9 - - l;) 4 - 4 - - G 8 - G 8 - 13 4 1 1 - - 14 - - 1) 4 - 8 - - G 8 - 13 4 - G 8 - G 8 Municipal Eledion Petitions.'] 443 £ s. d. £ ,s. iL Attending him ...... - 8 4 0. Attending consultation .... - 18 4 8. Attending C'ourt when hearing deferred to Monday week ...... - 1 /> 4 18. Attending Court when case argued, and judgment reserved ..... 22- Paid fee to Mr. , Q.C., to hear judg- ment 2 4 ('» Attending him ...... - G 8 The like '^Ir. 13 Attending him ...... - ;} 4 April. Attendances searching cause list throughout sittings ..... - 13 4 13. Attending Court when judgment given in favour of the petitioner both as to respon- dent's right to sit and awarding the seat to petitioner, and the respondent had leave to appeal if notice given within a week . . 11- Attending to draw up order .... -08 Copy and service on respondent ... - 4 6 Paid stamp on order . . . . . 1 - - Attending shorthand writer for note of judg- ment ....... -08 Paid his fees . . . . . . .210 Sittings' fee - 15 - EASTER SITTINGS, 1889. 23. Instructions for brief on appeal . . 11- Drawing same and 2 fair copies ... - 13 4 Two fair copies judgment of the Court below (folios 40 each) 10 8 Two copies notice of appeal .... - 2 - The like of order of Divisional Court (folios each) ....... - 4 - Paid fee to Mr. , Q.C., with brief and clerk (no daily refresher charged) . . 32 10 - Attending him ...... - 13 4 Consultation fee to him and clerk . . .27- Attending him ...... - 8 Paid fee to Mr. with brief and clerk 21 15 - Attending him ...... - 8 Consultation fee to him and clerk . . .13 Attending him ...... - 3 4 29. Attending consultation .... - 13 4 30. Attending Court of Appeal when case in paper, same not reached .... - 10 - May 8. Attending Court when case called on and part heard ...... 22- 15. Attending Court of Appeal all day, when the case part heard and adjourned till to-morrow ...... 22- 1 0. Attending Court of Appeal all day when case concluded, and judgment given in favour of Municipal Election Petitions.^ 4-i-i the petitioner, and appeal dismissed with costs ........ Attending to draw up order .... Close copy . Copy and service ...... Paid stamp ....... Attending- to search cause list during tlie sit- tings ....... Drawing bill of costs and copy (folios 3(1) and copy for respondent's agents Notice of taxing, copy and service . Attending taxing Sittings' fee Letters, messengers, &c. d. £ 1 - - 2 2 - C _ 2 - 4 - 13 4 ] IC. - - I - 1 1 - - 15 - 1 1 2. ELF.CTIOX FOR THE OFFICE OF TOWX COUXCILLORS. PETITIONER'S COSTS AFTER TRIAL. PETITION ON GROUND OF EXCESSIVE NUMBER OF PERSONS EMPLOYED AND PAID AT ELECTION. MICHAELMAS SITTINGS, 189 £ Dec. 10. Instructions for petition . Drawing same (folios 7) . . . Fee to Mr. to settle in conference d. 1 Attending him ..... Attending long conference, petition settled Engrossing petition (folios 7) Attending the 4 petitioners in different parts of the City explaining and obtaining their signatures to petition. .... 12. Making 3 fair copies of petition as required at election petitions' office .... 13. Attending presenting petition . Paid filing Instructions for recognisances of Mr. Drawing same (folios (I) .... Engrossing ....... Attending with him before a justice of the peace reading over and explaining, and on his signing same ..... Attending at election petitions' office searching if any address for service were entered Three fair copies of recognisance for election petitions' office ...... Instructions for affidavit of Mr. justifying recognisance .... Drawing same (folios 3) .... Engrossing ....... Attending him to be sworn .... -26 .s. d. 13 4 7 - C, 8 13 4 •J 4 -13 4 - 7 — - C 8 -08 - (') - _ 2 - - 13 4 -08 - 5 - -08 - 3 - - 1 - -08 Mimicipal Election Petitmu.'] 44;") Paid oath Attonding lod,<;-in<( recognisance and copies at election petitions' office, and filing affidavit of justification ...... Paid filing affidavit . . . . . Paid stamp on recognisance .... Drawing notice of presentation of petition and recognisance (folios 11) . Copy petition for service (folios 7) Copy notice as to recognisance for ditto (folios 11) Personal service on respondent in default of address for service ..... Attending at Town Clerk's office bespeaking, and afterwards for copy declarations and list of candidate's expenses at election Notice to respondent's agents of appointment of agents to petitioner 17. Drawing affidavit of service of petition and notice (folios o) .... Engrossing (folios ;">) .... Copy petition to annex as exhibit (folios 7) The like notice (folios 11) The like affidavit of justification (folios 3) Marking 8 exhibits .... Paid oath and 3 exhibits Dec. 18. Attending lodging same at election petitions' office ..... Paid stamp ...... Close copy respondent's notice of appoint ment of agents ..... Letters, &c. ...... 4 6 -26 £• .s'. il. 8 - 11 - -24 -38 - 5 - G 8 4 - 5 1 8 2 4 3 8 1 — — o — -08 HILARY SITTINGS, 189 Jan. 22. Close copy notice of trial 29. Close copy summons by respondents for particulars ...... Feb. 1. Attending same when Mr. Justice made an order for certain parti- culars to be delivered so far as now known 4. Close copy order .... 0. Drawing particulars (folios C>) . Fee to counsel to settle Attending him ..... Fair copy particulars for lodging (folios G) 8. Attending lodging particulars at election petitions' office ..... Paid ... ... Fair copy particulars for delivery . Attending to deliver .... Instructions to J\Ir. to advise on evidence ...... Paid his fee and clerk .... - 2 G - 1 - -68 - 2 - - 6 - - G 8 - 2 - -68 - 2 - -34 1 - 4 6 MwikijKil Election Petitions.'] 44G 10. Attending him Close copy opinion (folios 8) , Attending at election petitions' office to ascer- tain place of trial, when we were informed the Town Clerk had been in communication but had not yet settled the place of trial, and they referred us to him. Attending him when he informed us the exact place of trial had only just been fixed, and it was the Shire Hall .... 13. Six snbpoenas and attending issuing Paid issuing Copy for service on each witness . Service 14. Instructions for brief. Attending wit- nesses taking minutes of their evidence, also attending at the Town Clerk's olfice inspecting original declarations of candidate at the election and also his original list of expenses. Attending inspecting burgess roll ascertaining number of electors, attendances on many other persons and at many places, especially making inquiries as to many of the items in the filed return Drawing same (folios , at l.s-. per folio) Two fair copies (folios , at -id. each) . Two copies particulars (folios (! each) Two copies petition .... Two copies declarations of candidate (folios 10 each) .... Two copies filed list of their expenses (folios 12 each) .... Two copies notice of trial Two copies order for particulars Fee to Mr. , Q.C., with brief and clerk Attending him Fee to Mr. with brief and clerk Attending him ..... Consultation fee to Mr. , Q.C., and clerk ...... Attending him ..... Consultation fee to Mr. and clerl Attending him ..... Feb. 15. Attending consultation 18. Attending Court when })etition not reached ..... Drawing further i)articulars (folios 4) Fair coj)y ..... Attending to deliver Drawing affidavit of Mr. delay, &c. (folios .")) . Engrossing .... Attending sweariu"' ex})laming 8 2 8 -68 1 - 5 - 10 10 - 4 - 4 8 6 8 - <-> _ 2 _ - 4 — c. :> - 18 4 11 - - - l:) 4 (^ 8 (] 8 13 4 (; 8 4 - 1 4 ('. 8 5 _ 1 8 () 8 ft. (I. £ s. ^/. 1 (; _ r, 8 2 c, 2 G _ 2 8 - a 4 Municipal Election. Petitions.'] 447 Paid oath Atfcendint;- to file affidavit and particulars with the commissioners ..... Paid stamp on affidavit ..... The like on particuiars ..... Two cojties further particulars for counsel (folios 4) Two cojjies affidavit (folios T) each) 19. Attending Court self and clerks, peti- tion came on in the morning, and being on the rest of the day was not disposed of at rising of the Court after 5 . . . . 3 3- Refresher fee to Mr. , Q.C., and clerk 7 12 - Attending him - 1 3 4 Refresher to Mr. .... 3 5 <". Attending him - 8 20. Attending Court self and clerks, petition on all day, and was not disposed of at rising of the Court at 5.20, but judgment was to be given to-morrow 3 3- Fee to Mr. , to hear judgment . 2 4 G Attending him - G 8 '22. Attending Conrt, when both parties con- senting not to ask the commissioners to reserve any points he gave judgment and relieved the respondent from penalties, but condemned him in the costs ... 11- 23. Attending Registrar and obtaining certifi- cates of allowance for witnesses. (Engaged long time) • - 13 4 Drawing schedule of witnesses for him at his request, fair copy (folios (>) ... - 8 - Attending obtaining list of Town Clerk's charges for advertising petition, &c., and afterwards paying same .... Paid his charges 2 ID G Attending at election petitions' office bespeak- ing office copy postea and afterwards for same .....-• Paid - i - Close copy Attending respondent's solicitors, arranging that they should settle with certain witnesses called by petitioners, but hostile to their case, and they undertook to do so and to indemnify the petitioners from any claim . Drawing this bill of costs and copy, and copy for other side (folios 3;")) . . . _ . Attending lodging bill at the election petitions' office, and afterwards for same and obtain- ing appointment to tax - G 8 - (] 8 - 2 % - G 8 1 15 - - G 8 Notice to tax, copy and service ... - -^ Attending taxing Municipal Election Petitions.^ 448 Attending lodging bill at election })otitions' office, and afterwards for certiticates . Paid taxing fee Close copy certificate Sittinsrs' fee . (L £ - G 8 - 2 - 1 1 - EASTER SITTINGS, 189 Summons for order to vacate recognisance Copy for Chambers .... Copy for service Service ...... Paid stamp on issuing .... Drawing affidavit in support showing payment of all the witnesses expenses, Town Clerk's, &e. (folios (i) ..... Engrossing same Attending swearing .... Paid oath ...... Paid filing ...... Attending summons before Judge, order made Order copy and service .... Paid stamp ...... Attending lodging order and vacating recogni- sance ...... Paid on vacating recognisance Copy order for lodging at election petitions office ...... Paid Sittings' fee Extra letters, messengers, &c. Paid witnesses ..... 10 - 2 r, - r. 8 - 2 - - 2 - - 2 r> - G — - 2 - - C. s 1 <; 2 C - G 8 - 3 (> - G 8 - 2 - 1 1 - •2 2 - Municipal Election Petitions.'] 449 3. RESPONDENT'S COSTS OF PETITTOX AGAIXST HIS RETURN AS COUNTY COUNCILLOR. I^ETITION CLAIMING RECOUNT ONLY. The Municipal Corporations Act, 1882, and thk Local Government Act, 1888. IN THE HIGH COURT OF JUSTICE. Queen's Bench Division. Election for the office of County Councillor for the Division of the Administrative County of London, holden on the dav of , 1895. (Petition claiming- a recount only.) Between A. B. and C. D., Petitioners, AND E. F. and G. H., Respondents. l?> 4 (5 8 G 8 5 - Ci 8 G 8 HILARY SITTINGS, 1895. £ .s. (L £ s. (7.. 1895. March. Instructions to oppose petition on behalf of the respondents Perusins; petition ...... The hke notice of presentation of petition and of security for costs, and copy recognizances included therein ..... Drawing and engrossing appointment of solicitors for respondents .... Attending respondent therewith for signature, and explaining the necessity therefor, and obtaining his signature thereto . The like attendance on second respondent Attending at the central office filing appoint- ment and entering appearance ... _ c 8 Paid filing fee - 2 C> Notice of appearance, copy and service on petitioner's solicitor ..... Attending to ascertain if recognizance duly entered into and inspecting same Attending making inquiries as to sufficiency of recognizance of Mr. The like Mr. Writing petitioners' solicitor in reply to his letter as to dates convenient for a recount, and for copy of evidence in support of his summons for recount ..... Letters, &c EASTER SITTINGS, 1895. Perusing affidavit of petitioners in support of summons for recount (folios .'))... - 1 8 Drawing case to counsel to advise (folios 14) . - 14 - Fair copy thereof _ 4 8 J.C. G G 4 - G 8 G 8 G 8 8 G 5 — - 3 - - 1 8 - 1 8 - 3 4 - 1 8 -08 - 3 - •> 3Inmcipal Election Petitions.] 450 £ 6-. (I. £ s. (L Copy petition for counsel (folios 7) . . - 2 4 The like notice of presentation and of security ti-iven (folios 9) The like proposed summons fur recount (folios 5) . The like affidavit of petitioner in support (folios 5) The like affidavit of respondent (folios 1(») The like correspondence (folios 5) . . . April. Attendinii- counsel therewith . . - G 8 Paid liis fee and clerk 2 4 Brief to counsel to attend summons on behalf of the respondents ..... Copy summons for counsel (folios U) . . Attendin 8 - 3 4 4 - i; 8 10 t; VIII. COSTS UNDER THE RAILWAY & CANAL TRAFFIC ACTS. 1873 TO 1894. The 8th section of 3G & 37 Yict. o. 48 (The Regulation of Railways Act, 1873) enacts that "where any difference between railway companies, or between canal companies, or between a railway com- pany and a canal company, is, under the provisions of any general or special Act passed either before or after the passing of this Act, required or authorised to be referred to arbitration, such difference shall, at the instance of any company party to the difference and with the consent of the Commissioners, be referred to the Com- missioners for their decision in lieu of being referred to arbitration, provided that the power of compelling a reference to the Com- missioners in this section contained shall not apply to any case in which any arbitrator has in any general or special Act been desig- nated by his name or by the name of his office, or in which, a standing- arbitrator having been appointed under any general or special Act, the Commissioners are of opinion that the difference in question may more conveniently be referred to him." Sect. 32 enacts that " the Commissioners may at any time after the passing of the Act, by general order, with the concurrence of the Treasury, appoint the fees to be taken in relation to proceedings before them, and may from time to time, by general order, with the like concurrence, increase, reduce, or abolish all or any of such fees, and appoint new fees to be taken in relation to such proceedings." Sect. 19 of the Railway and Canal Traffic Act, 1888 (51 & 52 Yict. c. 25), enacts that "the costs of and incidental to every proceeding before the Commissioners shall be in the discretion of the Com- missioners, who may order by whom and to whom the same are to be paid and by whom the same are to be taxed and allowed." Sect. 20 of the same Act provides that " the Commissioners may from time to time, with the approval of the Lord Chancellor and the President of the Board of Trade, make, rescind, and vary general rules for their procedure and practice under this Act, and generally for carrying into effect this part of this Act." The Act to amend the Railway and Canal Traffic Act, 1888 (57 & 58 Vict. c. 54, sect. 2), enacts that " in proceedings before the Railway and Canal Commissioners other than disputes between two or more companies the Commissioners shall not liave power to award costs on either side unless they are of opinion that either the claim or the defence has been frivolous and vexatious." Ji. lans, sections, &c., to be paid for by the party requiring them, according to the p.ctual cost. Fees ox Commlssioxs axd Special Cases. Every commission to take evidence 1 - - F]very special case - 10 - If settled by the Commissioners . . . . y a - Fees ox Hearixcis ix the Nature of Arbitrations. Every hearing in the nature of an arbitration between rail- way companies or canal companies or between railway companies and the Postmaster-General under the Regu- lation of Railways Acts, 1H7;:5* and 1874, or either of them, each day or part of a day . . . . 15 1.5 - Every decision of such difference 5 5- - 5 - - 2 6 - 10 - -26 -20 1 - - - - 6 See 3G & 37 Vict. c. 48, ss. 8, 19. R. ER FACILITIES FOR PASSENGER TRAFF C ATA CERTAIN STATION. -livaihu L\ Tin.: Court of thh Rail\vay and Caxal CoMiiissiox. Local Board, Applicants ; AND Railway Company and Railway Company, Defendants. Costs of the applicants to be taxed under Order dated 1803. Feb. Instructions to take proceedings against the companies to compel them 'to provide proper facilities for passenger traffic at the station and investigatino- the matter . ■ . . . . Writing the Board of Trade explaining the nature of the proposed application and requesting copy of Mr. 's first report as to station and to know whether l-'^G Railway was solely interested in the Junction station Instructions for application .... Drawing same (folios 25) .... Fee to Mr. (counsel) to settle and clerk Attending him ...... Copy^a])plication for printer (folios 25) . 18. Examining proof application (folios 25) . Paid printer's bill Print for filing \ Attending at the Railway and Canal Com- mission Court filing application and getting copies for service sealed .... 19. Paid fee for application .... Print of application to serve .... 20. Attending at railway station serving same on secretary of Rail- way Company ...... Three prints of application for filing (folios 2:)) Print of application for lodging . Attending at railway station serving secretary of Railway Company with sealed copy of application . 25. Preparing summons for discovery . Paid Copy for Registrar .... Copy and service on Mr. S. Coi)y and service on Mr. W. 28. Attending summonses for discovery by defendants when order made and order made for defendants to have enlargement of time to deliver answers and afiidavit of documents . Attending obtaining order for discovery sealed £ s. d. £ s. d. 2 2- 10 - 1 - - 3 2 2 - 1 5 - - fi 8 - 8 4 - 4 2 4 2 12 4 — o — 1 3 G 3 6 G 8 6 8 459 -Railway Company -Railway Company R. & C. Traffic Ads.'] Paid for order Copy and service on Copy and service on ]\Iarch 21. Attending defendants' application for time to answer complaint and for filing- affidavit of documents when peremptory order made extending the time in all cases till the 31st instant .... April 1. Perusing answ^er of the Railway Company 2. Attending Mr. , solicitor to the Railway Company, and arranging to sign consent extending time for tiling affidavit and delivery of defence over to- day, and signing consent accordingly Perusing and considering answer of Railway Company ..... Perusing affidavit of documents (folios 11) Paid for 12 prints of Company's answers ....... 10. Attending at office of Railway Commission, Royal Courts of Justice, searching for and ascertaining that Railway had filed £ .s. - 2 affidavit of documents Attending Mr. solicitor, obtaining consent for 14 days' time to file reply . Paid for 12 prints of answer of Railway Company Attending Mr. , solicitor, obtaining consent for 14 days' time to file reply Demand of copy of affidavit of documents of Railway Company, copy and service 11. Instructions for Railway reply to answer of Drawing same (folios 11) Fee to counsel to settle .... Attending him Copy reply for printer .... Examining proof Instructions for reply to answer of Railway ...... Drawing same (folios 11) Fee to counsel to settle .... Attending him Copy reply for printer .... Examining proof ..... Paid for 3 prints affidavit of documents of Railway Company Perusing same (folios 16) Paid printer's bill for reply to Railway ...... Paid printer's bill for reply to Railway (I 6 11 11 - 8 2 4 n 2 4 ('. £ s. d. -36 -36 -08 - 13 4 - (*. 8 - 13 4 - 3 8 - 15 - 15 G r, 8 C. 8 r. 8 4 - 13 4 11 r. 8 3 8 1 10 13 4 11 8 3 8 1 10 R. ii- C. Traffic Acts.'\ AM ,, . , , £ s. d. £ s. (I 1 niiL of reply to liailway, answer to tile (folios 11, at 2r/. per folio) ... - 1 10 Attending filing same _ (; ^^ Paid \ _ 2 {] ThreecopiesforCommissioners(foliosll,at2^/.) - .-> c, Print for delivery _ 1 jO Attending delivering _ (j j^ Priiit of reply to -— Ptaihvay, answer to file, &c. (as before) ..... Writing the solicitor for the Pail- way Company for permission to make plans and take photographs of the station (the stationmaster having refused permission) . _ g g Similar letter to Kailwav Company _ 3 g 14. Attending at station* inspecting documents included in the Com- pany's affidavit and bespeaking copies (engaged 3 hours) 1 _ _ Copy aiid service of notice of application to fix hearing of application (on both companies) . _ 7 _ Term fee _ i;, _ EASTER SITTINGS. April IT). Instructions to counsel to advise on evidence ....... Attending counsel therewith .... Fee to him and clerk Attending appointment before Registrar apply- ing for date ibr hearing of application, and he fixed, &c. ..... Attending obtaining seal afhxed to appoint- ment for hearing Paid fee . " Copy appointment and service on Mr. , solicitor for Railway Comjiany . The like Railway Company . Notice to solicitor for the Railway Company requiring production of docu- ments of Railway Company . _ 4 _ Attending Queen's printers for and obtaining copies of following Acts : 18 & r.) Vict. c. 149 ; 24 & 25 Vict.c. 240 ; 42 Vict. c. 4.") . Paid AVriting Mr. for appointment to inspect plans Summons to pi'oduce for inspection by Railway Company documents in schedule to their affidavit of documents . Paid issuing Copy for Chambers Copy and service on Mr. , Railway Company's solicitor 1 8 {] 8 8 h G 4 - - 8 3 G G 8 1 - 3 6 'Head office of Kailway Company. R. & C. Traffic Ads.'] 461 (I £ s. iL - 3 G .8 - l; 21. Attending summons for order for in- spection against ■ Railway Com- pany, but after waiting more tlian half an hour no one appeared for the company, and the Picgistrar adjourned the summons . - 8 "Writing Railway Company's solicitor ou his not attending summons to-day and asking again for appointment to inspect 23. Attending summons to compel Railway Company to give inspection, order made, costs to be plaintiff's costs in any event in addition to costs of adjournment . 24-. Attending solicitor to Railway Company inspecting documents and making notes and bespeaking copies (engaged 2 hours) Paid solicitor to Railway Company for copy correspondence .... Writing solicitors to the Railway Company that unless we received appoint- ment to inspect, &c., we should take out a summons for an order against the Company - 3 G Paid for copy documents of the Railway .....-• Attending at station examining plan of station and bespeaking tracing of same ...... - G 8 Paid for Vint o^ 28 & 29 Vict. c. 347 . . - - D Summons for leave to inspect station and take plans and photographs .... Paid Copy for Registrar . . . . • Copy and service on Mr. , solicitor for Railway Company . . ~ '^ ^! The like solicitor for Railway Company - 3 G May G. Paid for tracing of plan and litho and small plan of station . . . • Attending summons for leave to take photo- graphs, &c., when solicitor for ■ Railway Company gave us consent, and thereupon Registrar adjourned summons generally, costs to be costs in the cause . Attending instructing photographer to photo- graph station .... - 8 7. Instructions for brief, including looking up the various Acts of the two companies, perusing voluminous correspondence and inquiring as to and collecting information as to traffic and use of station, and taking proofs of witnesses . . . 1 / 1 / - Drawing same and proofs (200 folios) . . 10 - - Two fair copies (at 4'/. per folio) . Two fair copies correspondence, notices to ad- mit and produce affidavits and documents, plans, pleadings, &c. (all at -4^/. per folio) . - 6 8 - 5 - - 1 - ■> _ - G 8 7?. d- C. Traffic Ads.'] 4C2 (I £ s. d. — o AVritinET secretary of Railway Department Board of Trade as to production of their engineer's re]wrts on the hearing and whether we should subpoena clerk to jjroduce them Three subpoenas ad test \ Paid fees _ 7 i; Two subpoenas duces tecum ... _ k; _ Paid - 5 - Three copies correspondence for Commissioners (at 4^/. ])er folio) ..... Tiiree copies plans for Commissioners . Attending at liegistrar's oflice lodging same . -OS 1 ;^. Coi)y and service of notice to produce on Railway Company's solicitor . _ 2 G Copy and service of notice to admit on Railway Company's solicitor . _ 2 G Copy and service of notice to produce on other railway company's solicitor . . _ 2 (! Copy and service of notice to admit on other railway company's solicitor . . _ 2 G Paid for copy of agreement of . - ] l - Perusing same ...... _ j j _ Paid 2 copies Acts of Parliament . . . - 2 G Fee to Mr. , Q.C., with brief and clerk Attending him ] 1 _ Attending making appointment to view . _ j^ Paid fee and clerk 7 17 G Attending appointing consultation . . _ .'^ Paid fee and clerk . . . . .27- Fee to j\Ir. , with brief and clerk Attending him 1 1 _ Paid his fee and clerk (consultation) . . 1 3 G Attending making appointment to view . _ g Paid his fee and clerk 5 15 G Three copies agreement of for the Commissioners (folios 8;^>) ... 113- Two for counsel ...... 12- Attending • Railway Company's soli- citor on his calling to insi)ect documents (over 1 hour) - l;} 4 Copy subpoena and service on jMr, . _ (; _ ]*aid him conduct money . . . . 1 1 _ The like 2 other witnesses .... Attending agreeing admissions, obtaining Railway Company's solicitor's signature thereto _ Ij g 1."). Attending with counsel viewing station, conferring as to proposals for altering station, and discussing further re(|uirements (engaged from h to 1) p.m.) ... 22- Paid expenses ...... Attending at station meeting Rail way Company's solicitor and their counsel, going through proposed alterations, arrang- R. & C. Traffic .4(7.s.] ■4G3 in<^ to submit the company's plans and specifications after consultation with counsel Attending: consultation when the whole matter discussed and form of order settled Copy form of order for Railway Company Copy form of order for Railway Company Two copies minutes of order for counsel. Two copies of undertakinpj for counsel . Attendino- Registrar informing him of the arrangement for settlement and that pro- bably the case would not have to be gone into at length Writing solicitor to Railway Company to have undertaking signed and in Court first thing Monday morning Writing solicitor to other railway company to have undertaking signed and in Court first thing Monday morning . . . • 1 '.). Attending Court when case heard and judg- ment given in favour of Board for facdities of traffic to be given in accordance with the arrangement come to between the parties . Paid hearing fee . Writing assistant secretary Railway Depart- ment Board of Trade, with postal orders in payment of copy reports Paid Attending stamping undertaking by Railway Company .... Paid The like other railway company Paid 24. Paid for photographs of station Perusing aud settling draft order . "Writing Registrar therewith approving same Term fee TRmiTY SITTINGS June 11. Copy order for solicitor to Railway Company (folios 11) Service . . . • • Copy order for other company (fohos 11) Service ...... Drawing costs and copy Copy for Railway Company . Copy for other Railway Company . Attending obtaining appointment to tax Notice of taxing Notice of taxing for other company Attending taxing Term fee ..... • Letters, &c 1:5 4 J 4 1 4 -> s 1 4 1 - 5 S - (5 - - G - (; 8 -36 - 3 6 1 1 - (•) 8 G 8 13 4 3 G 1.5 - - 2 G - 3 8 - 2 G 1 10 - - 10 - - 10 - - [•> S - 4 - - 4 - 1 1 - - l.j - •> •> - R. & C. Traffic Ads.] 4G4 2. RESPOXDENT'S (RAILWAY CO:\rPAXY'S) COSTS OF AX APPLICATIOX BY A LOCAL POARI) FOR A THROUGH SERVICE OF TRAINS. Ix TUE Court of the Railway and Caxal Commissiox, Between the Local Board and the Local Board, Applicants, AND The Railway and Others, Defendants. The costs of the Respondents, the Railway Company, nnder Order dated , 18D-i. £ s. (/. £ s. d. ]8nL Dec. 10. Having been served with sum- mons for leave to add the Railway Comjiany as respondents to the Local Board's application for a through service of trains, instructions to appear for them ... - 13 4 Attending summons, but the applicants were not ready to proceed and asked for an adjournment ...... -08 18. Attending adjourned summons, and after protest on behalf of the Company being brought into the proceedings, the Registrar, at the request of the appellants, further adjourned the summons . . - 8 HILARY SITTINGS. 181)2. Feb. 18. Attending adjourned summons, which was again postponed at the request of the applicants ...... - (5 8 Having been served with print of application, perusing and considering same ... - 13 4 Sittings' fee - 15 - 18113. Jan. 1). The plaintitts having served amended application, perusing and consider- ing same ...... - 8 IT). Copy application for counsel (folios 34) . - 11 4 Instructions for answer of the Company ...... - 13 4 Drawing same (folios 22) .... - 1(! - Instructions to counsel, Mr. , to settle same ....... - (i 8 Attending him - G 8 Fee to him and clerk . . . . . 2 4 G Attending counsel appointing conference . - G 8 Fee to him and clerk . . . . . 1 (! - 17. Attending conference .... - 13 4 Having received prints of application from ]\Iessrs. , paid for same 20. Drawing and fair copy consent for fur- ther time to answer, and writing Messrs. therewith for signature . . - G 8 Having received draft answer, copy thereof (folios 22) - 7 4 -91 R. & C. Traffic Ads.'\ 465 ]\Iarch 2S. Examining proofs, making correc tions therein, and bespeaking prints . Paid printer's charges .... Attending lodging answer Paid . .' Attending serving answer on Local Board .Sittings' fee . EA S TER SITTING S. April 11. flaking copy of memoranda as to number of trains, &c., for counsel, when advising on evidence (folios 31) Instructions to advise on evidence Attending counsel with the papers Fee to him and clerk .... 14. Signing consent for further time for applicants to reply and writing Mr. therewith ...... May 15. Having received amended application with added parties, perusing same Signing consent for further time to reply and writing Messrs. therewith . Perusing and considering reply Paid for prints Sittings' fee TRINITY SITTINGS. June 7. Attending appointment before the Registrar as to the hearing of this case, and he fixed the ard, 4th, and oth July . 14. Having received summons for particulars, brief to counsel to oppose same Attending him ...... Pee to him and clerk 15. Attending summons. After long argument, the paragraphs were struck out, and order made for company to give the best par- ticulars they could under paragraph 5 (engaged from 11 to 1) 1!). Instructions for particulars as to the 534 trains mentioned in clause 5 of summons . Drawing same (folios 7) . . . . Instructions to counsel to settle same Attending him ..... Pee to him and clerk ..... 21. Engrossing particulars .... 24. Attending delivering .... 2(*>. Instructions for brief and proof of the Chairman, including the perusal of the Act of I'arliament of the various companies having running powers over the lines in question . Drawing same (folios 7('>) . . . . Two copies Drawing proof of the Chairman (folios 25) . Three copies thereof ..... j.c. £ s. 10 1 5 1 5 H 6 8 G 8 G 8 G 8 5 _ G 8 13 4 G 7 8 G G 8 8 2 o 4 4 7?. tt- C. Traffic Ads.'] 466 t .*. .'>'. (J. -1 ,s 18 18 — Two copies particulars for counsL-l . Drawinu; instructions for counsel . IMcMio. as to companies having- runniiiii' powers over lines between (folios isj Three copies thereof ..... L'7. 'J'wo copies a<>;reenicnt of 1st Aui^ust, isT:^, between the Company and the Great Company (folios 1(>) . . . - 10 8 I*aid for Airey's IMap . . . . . - '• - ]'aid for copies of the various Acts of Parlia- ment referred to in the application forcounsel I ;J <■' Attendinjj^ ]\Ir. , (^J.C, with brief and papers - ];; 4 Fee to him and clerk ..... Attending ^Ir. with lirief and pajjcrs - 1;! 4 Fee to him and clerk ..... Attending Mr. , Q.C., appointi no- consultation ...... - (! 8 Fee to him and clerk . . . . .•2 1- Attendinj^ ^Ir. informing- him . - (1 8 Fee to him and clerk . . . . . 1 ;5 6 8U. Attending Court all day when the case of the Local Boards was proceeded w-ith, and after hearing several witnesses, the Court intimated that enough of that class of evidence had been adduced, but reserved the right to give expert evidence (if necessary) later on, and the case of the Company was opened and adjourned until to-morrow ...... 33- Attending Courc when the Company completed their evidence, and the fjocal l>oards applied for an adjournment, which the Court refused, but stated they were unanimous that the service of trains given by the Company was not reasonable, whereupon the leading counsel consulted and intimated that in all probability a settlement would be arrived at ; the Court adjourned . 3 3 - Refresher fee to ^Ir. , Q.C. . .11 - - Kefresher fee to iMr. . . . .") Id - Sittings' fee . . . . . . . - J,") - 18114. ^lay li). Having received the decision of the liegistrar as to how the costs were to bedealt with, perusing and considering same - 5 - Draw'ing this bill of costs and copy (folios 28) ; copy for the Registrar .... Copy for applicants ..... Attending the Registrar for appointment to tax Xotice Attending taxation ..... Sittings' fee . Letters, telegrams, messengers, cab-hire, and other small payments nut otherwis-." charged s - 1) 4 ^> 4 4 - 1 - 5 - IX. COSTS OF AEBITItATIONS. AVliere a cause is referred to an arbitrator, the costs of the cause are all costs incurred therein up to the submission, the costs of the order of reference, and the costs for ulterior proceedings to enforce or to set aside the award, also the costs of witnesses present at the trial ready to be examined : Goodali v. Ray, -t Dowl. 1 ; Clarke v. Owen, 4 H. & ^X. 824 ; and see Lewis v. Harris, 2 B. & C. (520. But where the arbitrator is only to certify, being substituted for a jury, the costs of the inquiry before him are costs in the cause : Broini V. Xehon, 1 ;5 M. & W. ol)7 ; Mackintosh v. Bh/tk, 1 Bing. 2G9 ; Dare v. Kirkhome, 2 L. J. Q. B. 195 ; Sim v. Edwards, 17 C. B. 521) ; 25 L. J. C. P. 175. Costs of the reference are all costs incurred before the arbitrator as well with respect to matters in diflerence dehors the cause as to matters in difference in the cause : Brown v. Xe/son. 1;5 M. & W. 397; Utfinffx. Eran.%WLe\.l-2. The costs of the award are the amount of the arbitrator's charges. The power of the arbitrator over the costs is usually provided for by the terms of the submission or order. The present practice is to leave both the costs of the cause and the costs of the reference to the discretion of the arbitrator. Prior to the passing of the Arbitration Act, 1889, the Masters in taxing costs of arbitrations had power in all cases to consider the reasonableness of the arbitrator's charges and to tax them : Barnes V. Ha //ward, 1 H. & N. 742. By the 2nd section of the Arbitration Act, 1889, a submission, unless a contrary intention is expressed therein, shall be deemed to include the provisions set forth in the first schedule to that Act so far as they are applicable to the reference under the submission. The first schedule ( /) provides that the costs of the reference and award shall be in the discretion of the arbitrator or umpire, who may direct to, and by whom, and in what manner those costs or any part thereof shall be paid, and may tax or settle the amount of costs to be so paid or any part thereof, and may award costs to be paid as between solicitor and client. Arbitrators' charges are not now liable to taxation if the amount of them is ascertained and stated in and by the award itself : Prehble v. Robinson (1892), 2 Q. B. 602 ; see also in re arbitration Stephens, Smith tD Co. r. Birerpool and London and Globe Insurance Co., oG Sol. J. 4t)4. H H 2 Arbitrations.'] 4G8 £ s. d. s s - 11 11 - .J <) : .j ,j — ARBITRATORS' FEES* First mt-eting, if singk' .... „ „ double .... „ ,, treble .... SecoQcl and subsequeut meetings, if single . double treble Drawing tlie award Above three hours a dduble, above five a treble meeting Arbitrators' Clerks' Fees. For the first meeting For each subsequent meeting Counsel's FEES.t AVhere a fee is given on the brief, single meeting „ ' „ ,, double meeting ,, „ „ treble meeting Where no fee is given on the brief, single meeting „ „ „ double meeting „ ,, „ treble meeting If counsel or arbitrator leaves his circuit or place of business to attend a reference at a distance (besides travelling expenses), per diem Counsel's Clerks' Fees. According to the ordinary scale. 1 - lU G 10 10 1. COSTS OF REFERENCE AXD AWARD PURSUANT TO AGREEMENT OF REFERENCE BETWEEN A. AND N. TO SETTLE BOUNDARIES OF THEIR RESPECTIVE PROPERTIES. £ s. (I. - 13 4 Instructions June 5, 18 . Perusing and settling draft agreement of reference ......... Copy to keep (folios 11) July 2;). Writing Messrs. L. and Co., returning draft approved Engrossing agreement (folios 11) Aug. 2. Attending attesting execution of agreement. — .) — - G * This scale is not sanctioned by any statute or rule of court, but was drawn by one of the Masters of the Supreme Court as a guide, and has been generally adopted ; it is consequently in the IMaster's discretion to allow more or less according to the importance and difficulty of each particular case. f Only one counsel (usually the junior) allowed for attending the reference ; see Hcmkins v. liigby, 3 C. B. (N. S.) 271 ; 29 Law J (C. P.) 228. This rule, however, is not inflexible. This scale of fees does not apply where the arbitrator is a Queen's counsel : Sinclair v. Great Eastern liaihoatj Co., Law Rep. 5 C. P. 135; 39 Law J. (C. P.) IGo. Arhitralions.'] 400 Attending at Somerset House stamping agreement, and paid .......... 8. Attending exchanging agreement of reference 15. Attending JMessrs. L. and Co.'s clerk as to obtaining appointment before the arbitrator for the latter part of October ......... Attending Mr. D. (the arbitrator) with Messrs. L.'s clerk and leaving agreement of reference .... Sept. "). Writing Mr. A. with notice of appointment of October 2or(l, and as to plan and evidence . G. "Writing Mes.srs. L. and Co. with notice of appointment for October 23rd. ....... Oct. 1(>. Drawing instructions to counsel to advise on evidence (2 sheets) ....... Copy correspondence to accompany (folios ."»()). Copy agreement to refer to arbitration (folios JO) Brief copy extracts from conveyance (folios 40) Copy plan to annex Brief copy conveyance L. to L. and C. Land and Building- Co. (date) Copy plan to annex ....... Brief copy conveyance ditto to ditto (date) Fee to Mr. J. to advise and clerk ..... Attending him ........ 18. Attending Messrs. L.and Co.'sclerk as to postponement of meeting of arbitrators, and as to arranging place of meeting, and as to admissions ..... Writing Messrs. L. and Co. with reference to meeting on Tuesday and with list of deeds to be admitted, and as to admitting same and correspondence 19. Perusing notices to produce and admit (each) . Paid fee to Mr. J, to view and clerk Attending him ....... Writing Messrs. L. and Co. as to meeting taking place at ....... The like Mr. J) The like Mr. M. W 20. Attending Messrs. L. and Co. giving them inspectior of deeds, &c. ....... Drawing and fair copy notice to admit and service thereof The like notice to produce ..... Attending at Messrs. L. and Co.'s office inspecting and taking extracts from X.'s deeds, arranging as to meeting on Tuesday to take place after arrival of 11.37 train, and on other points (engaged 3 hours) Distractions for brief ...... Drawing same (folios 30) ..... Fair copy for counsel ...... Copy extract from conveyance (date ) for Messrs. L. and Co. (folios 3) Writing them therewith ..... 21. Fair copy our notice to admit for counsel . The like notices served by L. and Co. I'aid fee to Mr. J. with brief and clerk . £ .S-. (J. - 1 - 2 2 1 10 - 10 - 1 - 3 10 8 8 8 3 13 4 10 8 5 4 13 4 10 10 .") — 4 8 — 3 - 8 .-) 10 - - (■) 8 — 3 i; - 1 - 1 6 - () 8 - 12 4 - 8 2 10 £ f'l s 1 1) - - 3 4 _ 3 (') - 1 ('> - 4 - _ 1;; 4 - l;5 4 - o Arhitrations.'] 470 Attending him J 'aid conference fee to liim and ck'rk .... Attendin<^ iiim ........ "Writinu- to ^Mr. 11. witli notice of meeting on Tnesday and reijnesting his attendance ..... The like to Mr. A Copy notice to admit for signatnre of L. and Co. (folios 12) Attending [Nfessrs. L. and Co. obtaining admission of docu- ments, we consenting to admit theirs .... '2d. Attending conference 24. Journey to attending first meeting of arbitrators ; arbitration proceeded with ; arbitrators viewed hedge and ditch ; 3 witnesses examined, and matter adjourned (engaged all day) .... l*aid railway fares ........ I'aid Mr. J., proprietor of Hotel, expenses for room, etc. . . . . . . . . .34- 2.'». Two copies extracts from conveyance of Sept. 2(ith, 1S(;3, for arbitrators, as requested by them (folios 12) . - 4 - Writing ]\Ir. 1). therewitli and thereon and as to his desiring copy of plans . . . . . . .-;;(■» The like to :Mr. ^V. AV - 1 C Nov. 10. AVriting to Messrs. L. and Co.. with copy letter from Mr. D . . . - 3 (> Copy letter sent . . . . . . . .-10 Attending Mr. J. A., jun., and ^Mr. A. A. at Lloyd's wuth ]\Ir. D.'s letter, and conferring thereon, and they re(iuested us to use our own discretion with reference to the proposal made . . . . . . .-(IS l*aid conference fee to ]\Ir. J, and clerk . . . . 1 (! - Attending conference, when he advised that, if the other side would make some proposition, it might be con- sidered : but he did not see his way to advising as to any proposition being made by us, and he thought the best course would be to get a decision from the arliitrators - 13 4 AVriting Mr. 1). acknowledging receipt of his letter and informing him that we had sent copy, as desired . . - 3 (! 13. Writing to Messrs. L. and Co. inquiring if they had anything to propose with reference to the arbitrator's suggestions . . . . . . . .-30 17. Writing to Messrs. L. and Co. in reply to their letter, and that we could not make any proposal . - .-30 21. Writing to ]\Ies.srs. L. and Co. in reply to their letter of yesterday as to mode of conveying to arbitrators proposals upon the suggestions made by Mr. D.'s letter . - 3 23. Drawing letter to write to .Mi-. I), in reply to his of the i)th inst. and fair copy . . . . . .-30 AVritiug Messrs. L. and Co. therewith and thereon and in reply to their letter of yesterday - 3 25. Writing Messrs. L. and Co. in reply to their letter of yesterday confirming appointment to see them on Monday -30 27. Attending Mr. P. on his callint!; with dral't letter we A r hitrat ions.'] 471 £ «. d. had sent him for arbitrators, conferring thereon, and agreeing to strike out last paragraph as to agreement between the parties, and we were to write and send copy to him for signature . . . . . . _ i; j:^ Fair copy, as agreed . . . . . . . _ ^> (j Writing Messrs. L. and P. tlierewith signed for their signature, and despatcli to Mr. D. ...-;{ Dec. S. "Writing Mr. D. in reply to his letter of Oth inst. requesting plan, enclosing same, and informing him as to points thereon, and attendance delivering . . _ r, _ IS. Attending at JMr. D.'s taking np the award . . - V, 9, Perusing and considering award (folios oO) . . . - ] (j - Writing ^lessrs. L. and Co. in reply to their note of lUth inst. as to looking up award and as to copy for them . - :) 28. Writing to ^Messrs. L. and Co. with reference to the taking up of the gas-pipes in the ditch, so that they might not be injured - ;] 18 . Jan. ?). Writing to Messrs. L. and Co. giving them notice (as we had received no reply to our last letter) that ^Ir. A. would proceed in a day or two to put up the posts . . . . . . . . .-86 "). Attending Mr. P. on his calling, when he proposed that matters should remain in statu quo, and that ]\Ir. X. should give a covenant to keep the hedge in order on his side and also give up the 21. \0s. per annum pay- able to him for the maintenance of the road, conferring thereon, and we were to see Sir. A. on the subject .-(18 Writing to ]\Iessrs. L. and Co. informing them of Mr. A.'s determination (to have the award carried out in its integrity), and with cheque for £5, two years' mainte- nance for road, which appeared to be the amount due to Mr. X., as he had purchased in January, 18 . . - 8 (5 1). AYriting to Mr. A. with copy letter from Messrs. L. and Co. asking extension of time under award, and attending him therewith ...... Copy letter sent ........ 1 0. Instructions for consent to enlarge time under award 1 )rawing same and fair copy ..... AVriting to Messrs. L. and Co. with agreement to extend time, and thereon, and to sign and return it . . .-36 Two copies agreement to enlarge time for signature . - 5 - AVriting Slessrs. L. and Co. with part of agreement signed by us, in exchange for that sent by them to-day. . - 3 G 20. AA^riting Messrs. L. and Co. in answer to their letter of the 18th -30 Attending for appointment to tax . . . . . - 3 -1 Notice of taxation . . . . . . . . - -A - Drawing bill of costs and copy, and copy for the other side (folios 4(i) ........ Attending taxing . . . . . . . . 1 - - Paid taxing fee ....... . ^Messengers, postages, &c. . . . . . .11- Paid arbitrators' fees ....... Paid witnesses ..... . . s 6 1 6 (> 8 i; 8 ■> _ _ ('. 8 4 — 2 - •} - ■) - 8 Ar'hilralions.'\ 472 i\ I'LAINTIFF'S COSTS OF KKFEREXCH BY ORDER OF COURT AT TRIAL IX AX ACTION FOR. BREACH OF CONTRACT. TlilXITY SITTI^'GS, IS . Aug. 18. xVttciidiiig ]\Ir. D., the arbitrator, when he stated he would take the reference, but could not proceed upon it till October, and would then give an appointment for a week and jn'oceed df dip in diem ,- but in the meantime he desired us to arrange with the other side whether the reference should be here or in Gloucester 2(1. Copy order of reference for arbitrator (folios 12) The like of pleadings in the action ..... The like of jiarticuhirs under money counts The like of particulars under the special counts Attending arltitrator with the papers .... Sept. 1 1 . "Writing ]\Iessrs. "\V. and M., defendants' solicitors, in reply to their letter of yesterday, and that the arbi- trator would not ]3roceed on the reference till October, and had requested us to arrange with them the place of meeting, and that we should be glad to hear from them thereon . . . . . . . . . _ g g 21. Writing ]\[essrs. "\V. and M. in re])ly to their letter of the 17th inst. as to time of meeting . . . . - ;5 (> Oct. 8. Attending the arbitrator's clerk supplying infor- mation required by him as to accommodation at ()., where it had been proposed to hold the reference, and informing him that sufficient accommodation could be obtained at ; and the arbitrator determined to hold the reference tliere, if that would suit counsel and the parties _ g 11. Attending the arbitrator ami obtained a])pointment to proceed on the reference for Tuesday, the 26th inst., and 4 following days, at in o'clock, at . .-08 Copy for defendants' solicitors and writing them there- with . . . . . . . . . __5_ 12. Copy for plaintilT iind writing luni therewith and thereon . . . . . . . . . _ 3 (j Notice to .") witnesses to attend (?,s. each) . . . - IT) - Drawing and copy subpoena for attendance of i\Ir. F. 15. and for production of awards, &c. . . . . - ("> 8 Paid for same . . . . . . . _ _ ;, _ Copy for service, with indorsement oi' documents to be produced ......... Writing with same for service ...... Attending at Coleford, Cloucestershire ; Mr. B. was away, but Mr. I., his assistant, would produce the awards, &c., on liaving a sul)pa,'ua for the purpose .... IN. Di'awing and co[)y subpa^ia for attendance of T. T. I'o.id lor same ........ Oopy for service . . Writing with same for service '.) — 3 G 8 C 8 5 3 — 3 G o 4 :', (; 3 (; i; Arhifratiom.'] 473 £ .s. (I Service on Mr. T. T. at Pontypool - « G Drawiug- notice to produce documents before arbitrator and fair co])y . . - 1 - 2(». Attending the arbitrator's clerk, Avhen he stated that the arbitrator would not proceed on the •^(ith inst., but would begin on AVednesday, the 27th, and that defen- dants' solicitors had been informed of it Letter to defendants' solicitors rhercon .... AVriting i>laintitf informing him thereof .... Notices to 7 witnesses Attending appointing consultation with .Mr. H., ^IM. .-US Fee to him and clerk . . . . . . .'11- Attending consultation - 1;3 4 Instructions for brief on reference (discretionary) . . :> 3 - Drawing same and fair copy fusual charges) Notice to produce to annex (folios 10) . . . . - o 4 Fee to ]\Ir. H. with l)rief and papers . . . . 2" - - Attending him . . . . . . . . - 1:5 4 Fee for second day's attendance of counsel . . . 1 1 - - Attending him . . . . . . . . - (i 8 [Like fees for third and fourth days.] Fee to counsel on view . . . . • . . •"» 1 ' > - Attending him . . . . . . . .-(IS 28. Having received telegram Irom defendants' solicitors for authority to inspect plaintiff's premises, telegram in reply, and paid . . . . . . .-44 "Writing them thereon, and that if they proposed to take any one with them we should be informed of the name of the party or parties by whom they would be accompanied - 3 G Letter to plaintiff thereon and with copy of our letter to Messrs. AV. and ]\[ - 5 - 2(;. Telegram to Messrs. \s. and M. that plaintiff would give permission to inspect on their furnishing him with name of parties inspecting, and paid . . . .-44 Journey to ; engaged there till Saturday, the oOth inst. ; reference proceeded with ; plaintiff's case closed, and defendants called witnesses, but did not conclude their case (5 days) 21 - - Travelling expenses . . . . . • . 3 - Sittings' fee . . . . . . . . . - IT) - MICHAELMAS SITTINGS. Nov. 3. Attending arbiti-ator's clerk and getting days fixed (]3fch and 14th inst.), provided they would suit the defendants' counsel, which he would ascertain and let us knoAV to-morrow . . . . . . . - G 8 4. Attending arbitrator's clerk obtaining appointment to proceed with the reference on the 12th and l;Jth inst. . - G 8 Copy appointment and attending ^[essrs.W. and ^L therewith - 5 - The like to plaintiff - 3 6 8. The isth and rjth being more convenient for counsel, attending arbitrator's clerk informing him thereof, who promised that we should have those days . . . - G 8 Arhitraiions.'] 474 £ N. il Copy letter received IVdin arl)itrrttor'.s clerk jiostpouiiiu: appointinont, and writinu' jilaiiitit}" therewith and in- fonninu- liiui what urran, proceeding on reference, and taking notes of evidence ......... 21. Attending obtaining appointment from arbitrator ior Thursday and Friday next ...... Copy for ]\Iessrs. AV. and M. and writing them therewith . 2\). Instructions for brief to counsel to attend on the 2nd and ;!rd December ....... Drawing same and copy ....... Copy of evidence taken at meetings of Lsth and I'Jth November to accompany (folios '.)(i) .... Fee to Mr. H. and clerk with brief and papers for 2 days Attending him ........ .\ttending ]Mr. II. 's clerk appointing consultation I-'ee to him and clerk ....... Dec. 2. Attending ]\Ir. II. (mining engineer) in long con- ference as to the result of the inspection of the mine and taking notes of his evidence Attending consultation, when it was arranged that applica- tion should be made to the arbitraujr to take the evidence of ]\Ir. II., notwithstanding plaintiff's case was closed Attending engaging room for the meeting Attending meeting (engaged till 4.;5(») and taking notes of the evidence ; ^Fr. H.'s evidence was allowed by the arbitrator to be taken ...... - - \2 - 4 2 ];! ■>■> _ - D! - i;; — t> 4 2 7- - C. 8 - i;; 4 - c. 8 ■> ■> _ - I) b - l;! 4 - 10 - 1 1(1 _ 1 :> 4 - - i;; 4 - c. 8 - ];; 4 .s. (L 3 - ;{ 4 i; 8 8 Ar/'i/ra/ions.^ 47."'» :^. Attending- meeting on reference (engaged from 1 ().;;() to 4.;>()) and taking- notes of evidence .... The arbitrator having determined to sit to-morrow, attend- ing engaging room for the meeting .... Paid for the ;» days Instructions to ]\lr. H. to attend ..... Fee to him and clerk ....... Attending him ........ 4. Attending meeting to-day and taking iKites of the evidence ; and it was at the close of the sitting stated that the defendants would not yet close their case, and it was arranged by consent on both sides that the arbitrator should appoint some independent mining engineer to inspect and report on the prospects of iron ore in the mine which plaintiff had been hindered from working . . . . . . . . .22- lo. Having received letter from the arbitrator with names of 2 gentlemen mentioned by Mr. AV,, to know if there was any objection to either of them, writing in reply that one was objected to, and we would communicate with our client as to the other - 3 6 Writing plaintiff with copy letter received from the arbi- trator and of our reply, and for instructions . . - 5 - IT). AYriting the arbitrator that ]\Ir. B. (as well as Mr. F. B.) was objected to - 3 6 1 C. Attending at the OfHce of Woods and Forests to obtain copy returns of the iron ore raised from the Oakwood mine, explaining that they were required to be used before the arbitrator, in order to show the quantity yielded per acre, when we were requested to give the explanation in writing, and that it should be made by plaintiff . . ' ". - 13 4 17. Having received letter from arbitrator, copy thereof, and writing plaintiff" therewith to enable us to answer it - 3 (! 20. Writing the arbitrator in reply that we had no objec- tion to otter to the gentleman he proposed to appoint . - 3 (> 187(). Jan. 7. Having received letter from Mr. P. (the engineer named by the arbitrator to inspect the mine) for certain information, on receipt of which he would make appointment to attend to inspect the mine, writing plaintiff" thereon, also as to letter from the arbitrator's clerk to jMessrs. W. and M. in reply to one they had written to him, and thereon ..... 1(». Writing Mr. P. in reply to his letter as to the information required by him - o - 3 ('» Sittings' fee - 1.) - HILARY SITTINGS, 18 . Jan. 13. Attending the arbitrator's clerk on Messrs, W, and M.'s letter to us of the 6th inst,, when he stated that he had gathered from the letter he had from ilessrs. W, and ]\I, that it would be inconvenient for the plaintiff", as well as for Messrs. J. and G., to attend on Mr. P.'s in- spection, and he wrote to say that the personal attendance Arbitrations. 2 476 of tne parties was not necessary. l>ut Ik' IkuI no idea of excludiut; tbe jilaintilf or the (leteiulants from such attendance, and therefore the instructions ah'eady given to !Mr. P. would stand ...... "Writing plaintiff thereon accordingly .... "Writing Messrs. AV. and M. on the sul)ject of their letter and that plaintiff must not be excluded because one of the defendants could not make it convenient to attend the inspection ......... 21. 1 laving received letter from the arbitrator with copy of letter from ]\Ir. P. to him requesting to be I'urnished with a plan and section of tbe mine, writing to plaintiff thereon and with copy of letter received 27. "Writing ]Mr. , with plan and section . Feb. ]1, Attending the arbitrator for further appointment to proceed on the 24 th and 2.")th inst. at 11 Copy appointment and writing defendants' solicitors there- with .......... The like for plain tilt' 15. Mr. H. having required us to obtain the Acts 1 (fc 2 Vict. c. 43 and 24 & 25 Vict. c. 40, attending at Queen's printers for same ...... Paid for the 2 Acts 22. Instructions for brief to attend meetings on the 2-Jth and 2r)th inst. ........ Drawing same (folios 35). ...... Fair copy Copy notes of evidence at the meetings of the 2nd. 3rd, and 5th of December last to accompany (folios 130) Fee to ]\Ir. H., with brief and clerk, for the 2 days , Attending him ........ Consultation fee ....... . Attending to appoint ....... Attending to arrange for room for reference Paid for same (2 days) ....... 23. Attending consultation ...... 24. Attending appointment, reference proceeded with (engaged until 4 o'clock )...... 25. Attending, reference again proceeded witli, and at the rising the arbitrator appointed further sitting for next Monday 28. Attending appointment this morning, when same adjourned, and we were to ascertain from the arbitrator at 4.30 p.m. what appointment he could definitely fix . Attending to appoint consultation with Mr. H.; same fixed for AVednesday next, at 5 . Fee to him and clerk ....... 2S. Instructions for counsel to attend meetings appointed for 2nd and 3rd of ^larch ...... Copy notes of meetings held on the 24th and 25th February last (folios 72) Copy Mr. P.'s notes of inspection of the mines, taken from his note-book, for counsel (1 sheet and copy sketch) € .«. d. r. 8 3 G - 3 a 13 (i 8 a — a — G 8 •J - 13 4 11 8 f) 4 •> - 13 4 c. (;. Writing ^Messrs. C. and "W. in reply as to inspecting documents ......... Feb. 2. AVriting ^lessrs. (,'. and "\V. to borrow ledger, etc., and undertaking to return same when done with . 7. Fair copy ledger (folios l.")( I) Attending Messrs. C. and AV. returning ledger . r, 8 o G 8 1 C. 8 (■> 8 10 ]o - V 11 8 1 k; 8 - s 4 - G - 27 - - - ];j 4 1 G - - 'J 4 7 12 - - G 8 - l;j 4 1 - - ](» - Arliitraiions.'] 470 t •*>•. — '1 — - S 4 k; 8 ]t; s ^1 4 10. Writing Mr. "\Y. with notice of appointment for 24th and 2r)tli to further proceed with reference . 27. "Writinti^ Mr. AV. that the arbitrator had appoiuted the 2()th and 27th April to proceed on reference April 21. [ustructions to Mr. G. to attend meetings on 2r.th and 27th inst. ....... Xotice to produce, copy and service .... Copy foi' counsel ........ Copy plaintiff's notice to produce for him Tiike plaintiffs further notice ...... Copy plaintiff's notice to admit for him (folios 2-")) . Demand of copies agreements . . . . . . - 4 May 22. The arbitrator having now appointed the 1 2th and 1 oth proximo to proceed, writing Mr. W. informing him - :^> Letters, &c. . . . . . . . . . - r» June 2. Paid Messrs. C. and AV. for copy agreement with Mr. C. (folios 50) Copy for counsel ....... 1). Attending fixing conference with counsel 10. Instructions to ]\Ir. (r. to attend reference on 12th inst. 2 2- Copy writ and order for him . . . . . . - 2 - Attending him . . . . . . . .-(is Fee to him for second meeting and clerk . . .712- (,'onference fee to him and clerk . . . . . 1 Ci - Attending him . . . . . . . . - :> 4 Attending conference . . . . . . . - 1 :! 4 Drawing statement as to advances (folios '12) . . .12- Fair copy for counsel . . . . . . .-74 Fair copy portion of correspondence for him (folios 42(1) . 7 - - 12. Attending reference all day; plaintiff examined in chief, and adjourned till to-morrow ((! hours) . .:]?>- Attending giving IMessrs. C. and AV. inspection of letters, etc. (2 hours) - lo 4 Attending taking inspection of their letters . . . - (i 8 Copying o further letters for counsel (folios G) . . - 2 - Fee to ]\Ir. (1. to attend reference to-morrow and clerk . 7 12 - Attending him . . . . . . . . - (! 8 Letters, etc. . . . . . . . . .-.">- TRINITY SITTINGS. June 18. Attending reference ; same proceeded, and ad- journed to 2()th, 27th, and 28th inst. ; in the mean- time the whole correspondence was to be copied for the arbitrator, and !Mr. E. was to tick a copy of the ledger account showing what items he admitted and let us have it for ^Iv. W. to check also (<; hours) . . . :> ^5 - 14. Attending ]\Ir. AV. on his calling,di8cussing this matter, and receiving further correspondence . . . .-(58 15. Copy further correspondence for counsel (folios ;5;;o) . ."> 10 - 1(5. On letter from agents enclosing account showing the items which the plaintiff refused to admit, writing- Mr. AV. therewith and fully thereon . . . .-.")- 17. AA'riting you very fully as to progress made with the arbitration and on numerous matters necessary to be Aihitrations.'] ■480 dealt with as instructions to counsel for further meetings on reference . ....... r.i. Fair copy correspondence for the arl)itrator, at his request (folios TCit) 1^0. Attending Mr. AV. at his utlice going over accounts, taking his explanations in respect of those items not admitted by ]Mr. E., and taking notes of his evidence (engaged from 11 to (J o'clock) :.'l. Attending again this day at Mr. AV.'s office perusing letters, accounts, and entries in his books since his first connection with the property as Mr. E.'s agent in 18 , taking notes of evidence iind other information to enable us to prepare statement for counsel, rendered necessary by the statements made by ^Ir. E. in his examination-iu-chief and the arbitrator's suggestions (engaged all day) ...... •2?,. Drawing further brief for counsel and copy, &c (folios lis) Copy correspondence (folios 4:5) .... Instructions to cross-examine ]\lr. E., perusing notes of his evidence-in-chief, and long correspondence . Attending giving inspection of further letters . L'4 . Attending Messrs. C. and "W. inspecting further batches of correspondence ...... Paid them for copies further letters (folios l;57) Copy thereof for counsel ..... Copy for arliitrator ...... Fee'to ^Ir. G. for attending meeting on reference on 2(;th inst. .....•••• Attendiua- him ....... AVriting Messrs. C, and AV. returning accounts checked by Mr. W., and also with vouchers, and clerk attending I'G. Attending reference all day (C hours) Fee to !Mr. G. for to-morrow's meeting and clerk Attending him .....•• •2~. Attending reference (G hours) .... Letters, Arc. ......•• .MICHAELMAS SITTINGS, IS . Nov. 2:5. Attending 2 counsel, arbitrator, and Messrs. C. and ^y. arranging an appointment for o days in January to proceed with reference ...... 28. Notice of appointment to proceed on reference . < )n letter from agents that the appointment for the 8th, i)th, and loth January had been cancelled by the other side, writing ^Ir. AV. informing him .... 18 . Jan. 2. Attending 2 counsel and arbitrator arrang- ing for an appointment to proceed on the reference at end of this month Letters, «S:c HILARY SITTINGS, 18 . Jan. J;J. Attending getting appointment for proceeding on reference on 31st inst. and 1st and 2nd of February £ s. ]2 i;; 7 12 - i; 3 3 - o - G 4 7 17 4 - U 4 2 2 _ - ('> 8 _ G 8 2 .") 8 2 5 8 2 5 8 1 12 _ — i; 8 Arlntraiion^.'] 481 Xotice thereof to Messrs. C. and W. .... 15. The arbitrator having appointed 31st instant and 1st and 2nd of February to proceed, writing Mr. W. inform- ing him ......... 1 9. Attending at W. P. Hotel bespeaking room for reference on 1st instant .... Paid '21. Fee to ]\Ir. G. with brief and clerk Attending him .... Conference fee to him and clerk Attending him .... Brief copy further statement, for counsel (folios 10) . 80. Attending conference ..... i>\. Copy notes of proceedings on 2()th and 27th June Attending at W. P. Hotel on reference ((» hours) Fee to Mr. G. to attend to-morrow, and clerk . Attending him ....... Copy of to-day's notes from him .... Feb. 1. Attending reference all day (G hours) Fee to ]\Ir. G. for to-morrow's meeting, and clerk Attending him ....... Copy of to-day's notes of evidence, for counsel . Copy 4: letters, for counsel (folios ;> each). Like 2 other letters (folios D) 2. Copy agreement between S. and E., for arbitrator (folios 4) The hke letter from C. and W. received to-day for counsel The like notice to produce .... The like 2 letters called for by notice (folios \)) Attending reference all day .... Fee to ^Ir. G. for meeting of the Gth instant . Attending hmi ...... o. Paid Messrs. C. and AV. for 2 copies Mr. T.'s statement (folios 1 5 each) Copy for counsel ....... Paid them for copy letter of July Oth, 1.S74 (folios 15) Close coi)y ........ Copy for counsel ....... Copy notes of yesterday's proceedings, for counsel . Drawing and copy notes of evidence of J. J. W. (folios 12) Paid J. J. W. for attending reference, including railway fare from Liverpool and expenses (2 days) 6. Conference fee to Mr. G. and clerk Attending him ..... Attending conference .... Attending reference from o.oO till G, adjourned till Friday 8. Fee to Mr. G. for to-morrow's meeting, and clerk. Attending him ....... Copy notes of evidence for him .... Telegram to you that meetinc: put off till Alonday . Paid^ . . . . ' 12. Attending reference, 4 to G o'clock . Fee to jMr. G. for to-morrow's meeting, and clerk Attending him j.c. I I t .s. - G 8 - G 8 2 12 G 7 12 G 8 1 G 4 - ?, 4 - U, 4 2 (*> 10 7 12 G 8 1 14 8 7 12 (') 8 •> S G - 4 - - 3 - _ 1 4 — 1 - 7 12 - - G 8 - 10 - - 5 — - 5 — 2 — - - IG - 1 (; - 3 - l;5 10 G G 1 13 10 G Arh lira lions.'] 4H2 14. Attendinof adjourned reference (over i' liours), and adjourned till I'C.th .... Fee to ^Ir. (i. and clerk fur nieetiiiu' on L'r.ili Attending him ..... i'(). Attending referfiicr IVoui l.;;n to (J o'clock, same concluded ...... 12. Attending taking up award Paid arbitrator'.s charges Close copy award, to keep I'aid witnesses ..... Drawing bill of costs and 2 cojties (folios (!(») Notice to tax ..... Attending taxing ..... l*aid ta.xing fee .... . Letters, &c. . Credit One-third of arbitrator's charges (as directed by award) I - i; s •> c 8 -34 1 1 4. PLAIXTIFF'S COSTS OX DISMISSED MOTION TO SET ASIDE AN AWARD. MICHAELMAS SITTINGS, 18 . The defendant's solicitors having served us (plaintiff's solicitors) with notice of motion, writing them for a copy of the affidavit upon which such application was based ......... Paid for copy of affidavit and exhibit fY'rusi ng and considering same .... Letters, &c. . £ .S-. •. _ (; 8 8 G - /> 4- . - i;; 4 . 1 '\ G , - •\ 4 - 1 - - 'r> 4 - C 8 (•) 8 ,s (', 1 - HILARY SITTINGS, IS . Jan. 17. Paid for further and better affidavit of documents made by defendant (folios 8) Perusing same ....•••• Close copy 18. AVriting Messrs. G. and H. for a reply to our proposal for a reference and for an appointment to inspect their client's ledgers, &c 24. Writing Messrs. G. and H. for assent to proposed arbitration ....•••• Feb. 2. Attending Messrs. G. and H. and arranging for the appointment of Mr. I. B. as arbitrator Summons to refer to a special referee .... Copy and service thereof Drawing notice to defendant to produce documents for plaintiff's inspection, copy and service thereof on defen- dant's solicitors / Attentling summons, same adjourned so that defendants agents miu'ht communicate with their client 9. Attending adjourned summons to refer, order made tu refer to Mr. I. B., with all usual powers Order, copy and service 2 8 2 8 2 8 h G h G G 8 o - G 8 8 G Ariifraiio/ifi.] 4sr, 1^1. "Writing ^Iv. B. informing him that order hud been drawn up appointing him arbitrator, and for an appoint- ment . . . . . . . . . ^larch J. Attending ^[r. I), and ^Ir. H., taking proof of the latter ......... ']. Attending Mr. ]\[. and several witnesses taking their proofs ......... s. Attending ^Ir. B. arranging time and place of reference 12. 'Mr. B. having named .Monday next at 1:^ o'clock, writing him in reply ....... Writing to inform ^Ir. J). ...... K'l. Attending several witnesses again as to their evidence, and particularly as to weight of boiler .... The arbitrator having requested us to arrange for room at Bull Hotel, Wakefield, arranging for same accordingly Notice to inspect and admit, copy and service . The like to produce Perusing defendant's notice to inspect and admit The like to produce ...... Attending producing documents to defendant's solicitors 17. Attending inspecting defendant's documents Attending making admissions .... Attending defendant on his making admissions r.). Attending reference conducting case . 2r). Journey to Leeds to take uj) arbitrator's award . Paid arbitrator's charge 2(). Perusing award ...... Making fair copy arbitrator's report Service of same on defendant's solicitors . jNIay IT). Summons for leave to sign judgment upon the special referee's ix-port ..... Copy and service thereof . . . 17. Attending summons, same adjourned to Saturday next at defendant's request ..... 24. Attending adjourned summons, order made 25. Order, copy and service 2H. Drawing judgment, and fair copy 21). Attending to sign judgment .... l>aid Paid for office copy ...... Drawing costs and copy (folios 2.")) .... Notice to tax, copy and service .... Attending taxing ....... Paid taxing ........ Paid witnesses ....... Sittings' fee (agency) £ s. d. - (5 8 1 1 - -08 - ?, C, - :> - l^) 4 - (i - (i - i; - (') 2 2 - 18 ,"> 5 - h - 1 _ •> - / - - 3 G G 8 10 - 3 - 5 - 4 - 13 4 / - (; 8 Arlitrafionfi.'] 487 C. J'LAIXTIFF'S COSTS OF APtBITRATIOX, UNDER ORDER MADE IX TERMS • OF AGREEMENT, J'RO- A'1DIN(; ALSO FOR COSTS INCUliRED BEFORE ACTION BROUaHT. CLABF FOR DAMAGES TO BUILDINGS. £ N. ('» 8. Making copies of our letters to secretary of company and of his replies ... - 3 - Letter to tenant of the property informing him what had been done ..... - 3 G l.j. Letter to Mr. , architect, re- taining him to attend to the matter, and asking him to call on us ... . - 3 (J 18. Attending him, going fully into the matter and instructing him ... -08 Subsequently inspecting the property and informing tenant, when he decided we should wait till further inspection before taking legal proceedings ..... 2.'). Long letter to secretary to company informing him we had instructed architect, and that he would require further time to report, and that considerable injury had been done to the premises, and that the builder in cutting out portions of the property without leave had committed a most unjus- tifiable trespass ..... Nov. 3. Mr. , architect, having submitted his preliminary report as to the injury, perusing and considering same (folios ).._.... Making fair copy thereof (folios ) -68 Arbitrations.^ 488 1895. Jan. 10. Letter to ^Nfr. £• .V. (/. £ s. (L architect, instructing him to attend and make the final report to enable us to proceed in the matter - ?> G IjCtter to the — — • Company uskiug- them for ])ermis.sioii to enter upon their premises fur the purpose of taking final observations as to the sul»sidence prior to the commence- ment of legal proceedings ... - ;> G April 1. Perusing architect's final report (folios 4) - 4 - i\raking fair copy thereof for our clients . - 1 4 j\Iay 1 . Long attendance on tenant discussing the position, &c.,and taking instructions to prepare a case for counsel's opinion before taking legal proceedings .... - (> 8 Drawing case for opinion of counsel and fair copy {2 brief sheets) .... 11- Letter to Mr. , counsel, with case and ]iapers for his opinion thereon, and postage. - 3 8 l*ai(l his fee and clerk . . . . . 2 4 ('> Attending tenant, when it was decided, on perusing and considering counsel's opinion, to take action ...... - (J 8- May 10. "Writing secretary to company informing him that on the company undertaking to pay all the expenses incurred to this date the matter should be left to arbitration, such offer to remain open until Saturday next at 2 p.m .... - ?> 20. "Writing secretary to company that as we had received no communication from him, we had instructed our agent to proceed with the action ...... - 3 G Attending tenant discussing letter from secretary to company, and arranging the reply to be sent thereto .... - G 8 TRINITY SITTI^XiS, 1S95. May 2G. AVrit of summons .... ' -(18 Indorsement of claim ..... - ;'> - J'aid - 10 - Copy for service ...... - 1 - Service thereof ...... - o — Attending our clients as to a letter received from company's solicitor accepting our terms, and agreeing to sul)mit the matter to arbitration ...... AVriting secretary to company in reply, and informing him that we would obtain an order of Court in accordance with agreement, and asking for name and address of arbitrator to be appointed by the directors . . - 3 (' Copy appearance - 1 - Arbilnition^.] 489 £ s. ,1. £ .*. 4 "Writing them therewith .... - '6 {\ Letter to Mr. , bnilder, requesting hira to attend and inspect the premises with a view to giving evidence on the plaintiff's behalf at the reference .... - 3 G July 1. Defendants' solicitors having made certain alterations in the draft order of reference, perusing same, and making further alterations to meet the terms as agreed to . - 8 4 "Writing , solicitors for defendants, returning draft order of reference as signed by us ■ '' ^ 5. Messrs. having again returned the draft order of reference, perusing their amendment, and writing them witli draft order re-amended ..... - ;> (> 11. Fair copy order as amended for signature . - -j ^ Summons to refer copy a]id service . . - < (> Paid - -5 l.j. Attending thereon, and drawing up order. Paid for order . . . . • . - .» - Copy for service ~ '' "t Service thereof ...... - 2 ( Close copy . . . . . • • ■Writing company's solicitor that order received, and that he should see their arbitrator, and fix a day for hearing 20. "Writing defendant company's solicitors as to date and place of arbitration, and that it appeared to us to be very desirable that l)oth arbitrators should be able to inspect the locvs in quo ...... "Writing to defendants' solicitors that if they would allow us to arrange with ]\Ir. , the arbitrator appointed by them, we would send a clerk at once, and ascertain when it would be convenient for him to attend a reference ....••• Attending him thereon, when he stated the days that would suit him .... Attendances on the other arbitrator and the 2 builders we had instructed to qualify to give evidence, endeavouring to arrange a date for taking the arbitrations ... - lo 4 Attending Mr. , our arbitrator, serv- ing him with copy order of reference, when C. 8 4 8 G - O l> - 3 Arhilraliuns.^ 4',)0 s. (/ lie arranged to see or write defendants' agents, and try and arrange ap]tointnient of umpire. Subsequently he informed us that the company's arbitrator had suggested Mr. or !Mr. as umpire, and he had writt»!n acee))ting ]\rr. - (J 8 Our agent writing informing defendant com- pany's solicitors accordingly ... - o (I Aug. ;). Indorsing memorandum on the order for reference, appointing Mr. as umpire ....... - 2 (I flaking copy to keep ..... - - 4 Attending fixing the 21th instant, at 1 2 o'clock, for the arbitration . . -OS "Writing plaintiff's agent informing him thereof ....... - o (! The like My. , builder ... -::}(> Tiie like Mr. , builder ... -;-)(; "Writing defendants' arbitrator sending him the memorandum, appointing Z\lv. — as umpire for his signature ... - o (5 in. The like to our arbitrator, with memoran- dum to be signed by him and to be returned to us - :> Drawing and fair copy, notice to produce . - 7 Drawing and fair copy, notice to admit . . - 7 Letters to agent therewith and thereon . . - -^ 20. Perusing plaintiff's Jiotice to admit . . - C The like to produce ..... - (! Attending agent's clerk producing letters re- ceived by us from company's secretary and also the reports of our architect . . . -08 Letter to Mr. informing him of his appointment as umpire, and requesting his attendance at the arbitration on Saturday next at 12 o'clock - :» Letter to Mr. , architect, that we should be obliged by his attending the arbitration on Saturday next Avith the 2 builders we had instructed, and giving evi- dence on plaintilf's behalf .... - :■> Paid telegram to him to make his inspection this afternoon . . . . . . - 1 - Six letters to our witnesses and clients with date of hearing and requesting them to attend (each B.s-. 0^/.) .... Instructions for brief, examining 8 witnesses, perusing deeds, &c ?) ?> - Drawing minutes of evidence (folios 50) . 2 10 - 24. Attending conducting case before arlutra- tors and umpire ..... 33- ♦Sept. 30. Attending taking up award, pay- ing fees, &c. ...... - 8 Paid same 10 3 10 Arhlfralions.'] 401 ]\[aking cojiy award for company's sol (folios li'). Attendinf^ them therewith Drawing- jndti'ment Attending- to sisi'ii . Affidavit of service of awai'd Paid oath Paid filint!; . Paid si<;nini? judgmeat . < 'opy for office copy Paid marking Drawino- bill of costs and copies (at 1 foliof .... Attending- for appointment to tax Copy and service of appointment to tax Attending taxing . Sittings' fee . Extra agency letters, &c. Paid witnesses as follows £ .s. (l. £ citors per - 4 - ; H - ; 8 — ") — 1 (i i c 10 - - 1 4 :; 4 4 - 1 - 1 - COSTS OF SHOWING CAUSE AGAINST APPLICATION FOR ORDER TO COMPEL ARBITRATORS TO STATE CASE FOR OPINION OF THE COURT. IN THE HIGH COURT OF JUSTICE. Queen's Bench Division. In the matter of the Arbitration Act, 1S89, AN]) In the matter of an Arbitration between A. B. and C. D. Costs of C. D. 1895. July 20. Attending Mr. C. D. on his handing us a summons which had been issued by Mr. A. B., and taking instructions to act ....... flaking copy summons for agent (folios 5) Copy contract for ]\Iessrs. S. and Co. Copy cable from America .... Copy letter from America .... Writing them therewith . . . . 28. Attending summons, when ]\[aster adjourned same to enable us to answ'er affidavit ....... Copy of Mr. A. B.'s affidavit for country (fohos 10) Copy of Mr. A. B.'s exhibits Perusinn" same £ .S-. (') 8 1 8 •> _ 1 - 1 - 3 G (; 8 •> _ :> 4 Arbitrations.^ 492 Copy affidavit filed by the Associa- tion for country (folios 10) 2s. Perusin^t,' same .... Instructions to ^\v. to attend am oppose summons .... Drawint^ observations for iiim (folios 2."i) Fair copy ...... Copy summons to accompany Copy contract ..... Copy correspondence (folios !)) Copy Mr. C. D.'s statement before the arbitrators to accompany (folios 21) . Copy further statement prepared for the directors to accompany (folios 12) Brief copy affidavit in support and exhibit (folios l;;>t()_»'cther) . Brief co])V affidavit of Association (folios JO) Fee to counsel to attend the summons . Attending him Conference fee . . . ... Attendino- liim ..... Attending' conference .... Instructions for affidavit of Mr. C. I). . Drawing same ..... Engrossing ...... Attending him on his being sworn Paid oath ...... Copy affidavit for ai»plicant's solicitor Copy for Association solicitors Brief co])y for counsel .... Filing original ..... Having received notice to produce provisional invoice, &c., to-morrow, preparing and des])atching telegram for same , Paid telegram ..... 31. Attending summons, when same dis- missed with costs .... Copy notice of appeal for country . Aug. i^. Copy letter abandoning ap]>eal for country ...... Drawing bill of costs and copies (folios 10) Notice of taxing ..... Attending taxing ..... Term fee (agency). .... Postages, &c. (L £ .f. d. 1 G 1 C - - fi 3 4 h 4 i; 8 8 4 2 - -> _ — o — 4 - 4 4 •J 4 C. 8 3 4 13 4 i; 8 ■} 4 G 8 ■2 4 •> 4 •) 4 3 4 2 8 1 — 10 - 4 - (') 8 1 - Arbitrations.'] 40; 8. RESPOXDEXT'S COSTS OX COMPLAIXAXTS' UXSUC- CESSFUL CLAIM AGAIXST THE CAXAL COMPAXY FOR DAIMAGES AS BElXd CAUSED BY THE COM- PAXY'S WORK. In the matter of the Canal Act A XI) In the matter of the Arbitration Act, 1881). Between I. F. and Co. AND The Canal Co. 1894. Oct. and Xov. Instructions to repre- sent the Canal Company on the arbitration, including many attendances prior to appoint- ment of arbitrators, and perusing statement of compensation claimed . . . . 15. On receipt of letter from Mr H. announc- ing his appointment as arbitrator appointed by the Board of Trade under the statute, writing him in reply . . . . Xov. 1(). On receipt of notice from the com- plainants' solicitors that the arbitrator had fixed Tuesday next to inspect the locus in quo, attending the company's consulting engineer to ascertain if that day would suit him, and found it would not Writing solicitors of complainants informing them ....... Writing the arbitrator the reason we could not inspect next week, and asking for a post- ponement ...... 17. On receipt of further letter from the arbitrator, writing him in reply that we would arrange a day with complainants' solicitors as requested .... Several attendances on complainants' solicitors and our expert witnesses and counsel when the day for inspection agreed on Writing the arbitrator thereon Dec. ;"). Instructions to counsel to view Attending him ..... Paid his fee and clerk .... Dec. 5. Journey and attending view by arbitrator and counsel (engaged all day) Paid rail and expenses .... Attending expert witness instructing him on behalf of the company The hke second expert witness 29. Perusing complainants' notice to produce £ s. (1. £ s. d. 10 - l;:i - -36 (5 8 3 G 3 () - (J 13 4 13 4 G 8 A rhitrations.'] 494 Drawing the company's notice to produce and copy and service Two subpoenas ad test. Paid issuintf One subpoena duces tecum Paid issuing Copy and service of each subpoena Mileage and agent's charges for service (Instructions for Ijrief and subsequent charges as in ordinary cases.) £' .V. (J. ](i - 10 - l;i C 8 - C X. COSTS OF AEBITliATIOXS AXD IN- QUIRIES rNDER THE LANDS CLAUSES CONSOLIDATION ACT. 1845. (8 iV: !i Yict. c. lroved by C. A. in Sauilharh Cluirifij v. North ^Sfajfon/shire Ri/. Co., 47 L. J. q. V>. 10. The costs ofjiroceedings for the assessment of comi)ensation before a jury nnder this Act or any Act incorporating: the provisions of it, wiiere the lands are situate in the City of London, are taxed before the I Registrar of the Lord ^layer's Court. The taxation of costs of conveyances is provided for by sects. 82, 83. The landowner's solicitor must see that the comi)any take up the award, as he will not be allowed the arbitrator's charges if he take up the award himself : Earl of SJircwsbury v. W/rrallE//. Co., 10 Times Keports, r)Gl. By the Lands Clauses (Taxation of Costs) Act, 1805 (')S& ;">!) Vict. c. 11), where under the Lands Clauses Consolidation Act, 1845, or any Act incorporating the same, any(juesfcion of dis])uted compensation is determined by the verdict of a jury, or by arbitration, the costs of and incidental to the inquiry or to the arbitration and award (as the case may be) shall, if either ])arby so requires, be taxed and settled as between the parties by one of the IMasters of the Supreme Court, and such fees shall be taken in respect of the taxation as may be fixed in pursuance of the enactments relating to the fees to be taken in the offices of those ]\rasters ; and all those enactments (including the enactments relating to the taking of fees by means of stamps) shall extend to the iees in res})ect of such taxation. The ]\Iasters of the Supreme Court have exclusive power to settle .such costs, and their decisions are not suliject to revision by the Court. The same rule a])plies where the ]\Iaster taxes under a special statute incorporating the Lauds Clauses Act. In such cases the ]\L^ster is tinly persona (Icsiiinala, and does not act as an officer of the Court : lie Slipffield Waierworks Ad, 18G4, L. R. 1 Ex. 54. The ^Masters tax these costs on the same principles as in cases where they act as officers of the Court. It is a party and party taxation, not solicitor and client, and the rules of the Supreme Court as to costs as far as applicable are a guide to them in these taxations. The costs of conveyances under the Lands Clauses Consolidation Act, 1>!45, are by sect. 82 of that Act to be borne by the promoters of the undertaking. By sect. 3 4 8 - - 13 2 4 - <; - (') Lcuvh nrn/sfs.^ ■19',) Instructions for brief, including attendances at Tottenham, litoke Xewington, "Westminster, Laiigham Street, and Edmonton, and paid expenses and railway fares and cab liire . Drawing same (folios 11.')) Two brief co])ios thereof (Id. per folio) . . . . Two brief co])ies of the following documents to accom- pany:— Notice to treat as to Xo. 10 on the plan (pai't) (folios 7 each) .... The like as to claim (folios 10 eachj Notice to treat as to remainder of No. 10 (folios each) ...... The like of claim (folios 10 each) Notice to treat as to Ko. 1-f (folios 7 each) The like of claim (folios 10 each) AVarrant to summon jury (folios JO each) Drawing plans on ditto . Notice to })roduce .... Correspondence (folios 2(i each) Plans f5 k; - l;! 21 i:> - 1.-! 2 7 - ];> T) 10 - i; O o - <; 4 4- - 4 1 1 1 * Sec Note, p. 497. K K -I £ .s. (}. ■IX 10 - 1 1) — ;! 3 — 1 1 - 1 1 - Lajids Ckntses.'] 500 Paid surveyors and other witnesses as follows Mr. J. (surveyor) .... Mr. 1). (surveyor) .... Mr. ]\I. (surveyor) .... Mr. A Mr. S. C Mr. R Mr. C 2. CLADIAXT'S COSTS OX ASSESS:\IEXT BY A SPECIAL JURY OF COMPEXSATIOX FOR LAXDS TAKEX, AXD I) A:\rAGE BY SEVERAXCE. £ .S-. (L 18 . July I'C. Instruftious to ^Ir. T. to survey land taken and damaji'e done by severance, and to report us thereon, and fair copy ; also plans of adjoining estates, and numerous papers to accompany same, and attendance .11- Aug. 10. Having received letter from claimant approving of claim, instructions for claim - C 8 Drawing same . . . ■ ■ • • .-134 Engrossing claim in duplicate - C 8 }-2. Letter to claimant with instructions to sipn claims and return them to us ^.-30 15. Attending at South AVestern Railway offices at Water- loo terminus, serving claim on secretary . . . - (; 8 17. Having received letter from jMessrs. ]>. and Co. (the company's solicitors), pr()])Osing that their surveyor should nieet Mr. T. to settle compensation, letter in reply . • . • • • ■ • • .-30 Making copy valuation for claimant . . • .-;')- Sept. 7. Attending ]\Ir. C, the company's surveyor, con- ferring hereon, and referred him to Mr. T., who was instructed to endeavour to arrange with him the amount of comi)eusation. . . . • ■ • . - (i 8 8. Attending IMr. T., instructing him to see Mr. C, and conferring upon valuation (engaged 2 hours) . . - 13 4 13. Attending ]\ressrs. B. and Co., when they brought us notice of intention to summon a jury, and left duplicate to indorse our acceptance thereon ; and they wished us to employ Mr. H., Q.C., to enable them to haveMr.L., who held a general retainer for the company ; promised to consider it and let them know - (; 8 Letter to Messrs. B. and Co. as to our retaining Mr. H. . - 3 C) Letter to claimant informing him the com])any was about summoning a jury . • • • • • .-30 Retainer to Mr. IT. and clerk 1-5 •; Attending him - (. s 18 . ]\Iarch 1. Having received letter from IMessrs. B. and Co. asking for C prints of the particulars and con- ditions of sale of the 7th July and 7th Sept. last, and a jtrinted copy deed referred to in the 7th condition, letter lu I'cply enclosing same - 3 G ;! 4 <; 8 2 (; La /ids Clauses.^ 501 £ .s. //. Letter to ]\Iessrs. B. and Co., to endeavour to arran(; 8. Having received letter from Messrs. B. and ("o. and alsu notice to summon special jury, writing letters to ^Messrs. ()., P., T., S., W., and Y., informing them that hearing- was appointed for Fi'iday the 2^th inst. . . .-11- Attending bespeaking copy of warrant to summon jury, and afterwards for same . . . . . . - »; 8 Paid - 1.-. - 13. Attending at Queen's printers lor and obtaining o copies of Company's Act ...... Paid for same ........ Attending nominating sjiecial jury .... Attending for and ol)taining copy special jury panel IT). Making fair copy special jury panel .... Letter to claimant therewith and thereon Having received letter from Messrs. B. and Co. inquiring if we should have a junior counsel, letter in reply Instructions for brief, including numerous attendances upon different persons in B. and adjoining neighbourhood to ascertain value of land Drawing brief (folios 180) ...... Making 2 fair copies thereof (4^/. per fuliu) The like correspondence (folios 1(5 each) .... The like conveyance from H. to P. (folios .')-!: each) . Plans thereon ........ The like articles of agreement (folios 12 each) . Plans The like warrant tu summon jury (folios 12 each) . Plans . The like notices tu ms])ect and produce (folios 48) . Attending Mr. H., Q.C., with brief and papers Fee to him and clerk ....... Attending him appointing view ..... Fee to him and clerk ....... Attending him appointing conference on evidence . Fee to him and clerk Attending conference with Mr. H., Q.C., with ^Ir. 0., Mr. P., and Mr. T., entering fully into the case, when Mr. H. advised that we should subpoena those persons who had bought land in the neighbourhood, and sold at a profit Attending ^Ir. H. appointing consultation with Mr. R. . Attending ^Ir. R, with brief and papers .... Fee to him and clerk ....... Attending him appointing view Fee to him and clerk ....... Attending him appointing consultation .... Fee to him and clerk ....... IG. Letter to claimant therewith and with full particulars of approaching inquiry . . . . . . - -i Drawing notice to inspect and admit, and fair copy (folios 10) - 10 The like to produce -10 12 12 ;) - - {', - - 10 8 1 k; - - 10 - - 8 - 1 10 - - 8 - - 10 - - k; - - i;; 4 ~') 7 - - t; 8 .') 10 - - (') 8 13 4 o 4 13 4 IT) - C 8 if •J 3 4 (5 Lands Clauses.'] 502 17. Instructions to reduce special jui'v .... Attendiuo- redueinp; ....... Fair copy reduced list ....... Notice to ^Messrs. B. and Co. that clninmnt required view, copy and service ....... Copies notice to inspect and admit, to mark for inspection 2U. Attending Messrs. Ji. and Co. producino- documents for their inspection (engaged 2 hours) .... Attending receiving admissions Having received letter from ]\Iessrs. B. and Co. requesting us to make them a copy of conveyance to Mr. P. and agreement, making same, as follows : — Copy deed of conveyance, and plan (folios 54) . Copy of agreement, and plan (folios 12) . Letter to j\Iessrs. B. and Co. therewith . Twenty sub])oenas {its. H(L for every three) Paid sheriff's fees ....... Copies and services on -Jo persons, conduct-money, and mileage (as paid). Paid for (i copies of the plan of Land Society's land adjoining claimant's ....... Attending to inspect documents, same not left out . Journey to and attending on the land and viewing same Avith counsel ........ Paid expenses ........ 2-t. Attending inquiry at and thence to view land with the jury ; further hearing adjourned until the next day at 1 ( t, at the Sessions House, Newington Clerk's attendance ....... Instructions to Mr. II., Q.C., to attend at Newington Sessions House ........ Fee to him and clerk ....... Attending him 25. Attending adjourned inquiry, when the jury awarded the claimant £5, COO (engaged all day) . Clerk's attendance ........ Drawing bill of costs and 2 fair copies . . . . Attending for ajqiointment to ta.x . . . . . Notice thereof, copy and service Attending taxing Paid ; . ' Letters, messengers, cab hire, itc, not before charged Paid witnesses £ s. (J. - l;J 4 - c. 8 _ •) ('> - 4 _ - 4 - - ];! 4 - 8 - r.i — •) c. i;5 5 - 1 J — 5 1 1 - l^) ;5 :^ J 1 •J 15 - »> - 4 8 3 1 1 CLAIMANT'S COSTS ON ASSESSMENT BEFORE AN APJHTPtATOR OF COMPENSATION FOR LANDS TAKEN. £ ,s. d. LSD . June (',. Instructions Attending ]\Ir. AV. obtaining his signature to appointment of arbitrator ........ The like attendance on Mr. J. C 8 - Lands Clauses.'] 503 £ N. (I. Copy appointment, to keep . . . . . . - :i \ 8. Attending Islv. "W. as to further inforniation retjuired . - )! 8 Writing; ]\[essrs. B. and Co. with appointment of arliitrator - ;; C 9. Attending !Mr. W. -J. hours, going through maps and plans and other matters to enable us to advise him as to the evidenc(! to Ije jn'oduced . . . . . - 1?> 4 19. "Writing you informing you of appointment made by Mr. L. ' . ' . . .' - :; (; 20. Attending ]\k'ssrs. B. and Co. with regard to the post- ponement of the hearing in consequence of the illness of one of the parties . . . . . . .-08 28. AVriting ^Messrs. ^A'. and J. with further appointment, the first one having been postponed to suit Messrs. B. and Co - 5 - Retainer fee to Mr. H., <^C., and clerk . . . .18 Attending him . . . . . . . .-08 Attending ^Fr. AV. arranging with him to take the necessary steps with regard to the adjournment and the attendance of the requisite parties . . . . . .-08 "Writing ^Mr. L. to know if he could attend and give evidence at the adjourned appointment . . . . .-30 Writing Mr. "W. informing him of the adjourned appoint- ment - O {\ July n. "Writing ilr. L. to call here at 2.'M) to-morrow - ?> (> "Writing ]\Iessrs. W. and J. to meet him . . . . - ;> 6 12. Attending ]\Ir. '\A". and jMr. L. conferring at length as to the points to be met and the evidence to be provided . . . . . . . . .11— Attending Mr. L. to confer with him on the subject of further evidence . . . . . . .-134 Attending 3[r. J. reporting what we had done in reference to engaging surveyors, and stating that we were waiting for Mr. L.'s report, which however could not be sent until he was furnished with certain materials by ]\Ir. "W. - 8 "Writing Mr. F. informing him that the arbitrator had fixed Thursday next to take this case, and requesting him to attend . . . . . . . . .-SO 17. Attending j\Ir. L. at "W. requesting him to furnish his report, and as to meeting Mr. P. . . . .-08 Attending ]\rr. "\Y. twice this day, conferring as to the evidence, &c. . . . . . . . .-134 Attending IMr. E.'s clerk informing him that ]\Ir. E.'s attendance would be required on the 19th, and making appointment for vou to meet the other snrvevor on the isth . .' '. .-08 Telegram to you requesting you to attend here at once, and attending to transmit same . . . . .-44 AVriting ^Ir. "W. to come here for us to take his proof . - 3 "Writing ^Mr. F. to the like effect - 3 (► 18. Attending Mr. H.'s clerk, when he stated that ^Ir. H. could not certainly attend, and afterwards attending Messrs. B. and Co. thereon, when they proposed a post- ponement, as Mr. L., their counsel, could not attend ; and conferring on the matter . . . . . - <') 8 Lands Clauses.'] 504 Attending ]\Ir. J. as to tlie witnesses to be called in snjtport of measurements, itc, and advising whom he shuuld have in attendance ..... Instructions for brief .... Drawing same (1.S-. per folio) . Two brief copies for counsel (4r/. per folio) Two sets of 10 plans referred to in various documents, to annex to briefs ..... Paid Mr. H., Q.C., with brief and clerk . Attending him Paid him consultation fee and clerk Attending him ..... Paid Mr. C. \\. with brief and clerk Attending him ..... ]*aid him consultation fee and clerk Attending him ..... Attending consultation .... Attending reference at AV., witnesses examined, and case completed on each side ; self and clerk Letters, messengers, and incidental expenses Drawing bill of costs and copies Attending settling costs .... Paid surveyors and other witnesses . £ .s\ d. - C 8 1(» 10 - J(l s - i; IS s U) 10 _ 5r» - - - la 4 •) 7 - - ('. 8 ■21 - - - i;; 4 1 h (\ - (') 8 - l;J 4 4. CLAIMANT'S COSTS OX INQUIRY BEFORE UNDER- SHERIFF AND A SPECIAL JURY ON COMPULSORY PURCHASE OF AN INN UNDER THE LANDS CLAUSES ACT. Between J. S., Claimant, AND The Railway Company. Verdict for £4,000 1895. Jan. 12. Instructions for claim . Perusing notice to treat and plan annexed thereto, received from the solicitors to the railway company ..... Enclosing acceptance of service on duplicate notice to treat ...... "Writing solicitor to the railway company with duplicate notice to treat, indorsed with acceptance of service .... Attending ]\rr. instructing him to value the premises and the business . Feb. 8. Perusing amended notice to treat, received from solicitors to railway company with plan annexed ..... Indorsing memorandum of acceptance of service 6'. a {'. 8 Laiuh Clauses.^ '>^}'> £ s. ,1. £ s. (1. 8 - Writing solicitors with duplicate notice in- dorsed . . • • • • • Perusing further amended notice to treat wicli plan annexed, received from solicitors Indorsing memorandnm of service Writing solicitors with duplicate notice in- dorsed ....... - ?> i) Having received our valuation, writing railway company's local agent with claim for£.'),OOU. 11. Attending railway company's local agent, conferring as to claim, when he desired to make arrangements for railway works to proceed under the premises, and pay £1, ()()() deposit to secure any damage . - 8 April 1. Writing agent for railway company consenting to the company having a view as desired ...... - 3 Writing Mr. J. S. hereon, instruetiug him to permit jNIr. to view the premises - 3 6 May 1. Having received notice of the com- pany's intention to summon jury, perusing same, and indorsing acceptance of service thereon on behalf of ]\Ir. J. S. . . . - (5 8 15. Attending under-sheriff to know what day he proposed to appoint for nominating jury, and with him on company's solicitor, arranging date suitable to all parties . . -(5 8 IG. Instructions to nominate special jury . -08 2G. Attending instructing Mr. (sur- veyor) to inspect premises and books, so as to ascertain value of the premises and of the trade, and to report, and subsequently perusing his report .... The like Mr. . . • • Attending at sheriff's office when special jury nominated ...... Copy list of jurors . . . . _• Writing company's solicitor to know which, if any, of the jurors were shareholders . 28. Attending under-sheriff for G subpoenas for witnesses ...... Paid him for same . . . . . 1 10 - Instructions to reduce special jury . 30. Attending company's agent, conferring as to jury list and to know the names of those he objected to, when he suggested that we should mutually formulate them at the same time and that he would be prepared to name those he objected to on Wednesday . June 2. Drawing notice to produce Fair copy (folios -1) Drawing notice to inspect and admit Fair copy (i» folios) Writing company's solicitor therewith . 1 1 1 1 - - 13 — T) 4 — h G - 13 4 - G 8 - G 8 - 5 - - 1 4 - o - - 3 - -36 Lands Clauses.'] 50G Copies of i\ Bubpoenas (at In.) .".. Atteudingat under-sheritt"s reducing special JUIT . . . . . Copy reduced list of jurors . <;. Service of subpoena on ^Iv. The like ."» other witnesses (each i)s.) Instructions for brief, attending the witnesses conferring as to their several reports, perus ing plans, cVrc, &c. . . . • Drawing l)rief and proofs (folios '.».'•) Two fair copies ..... Two co]iics correspondence (folios ;')() each) Two cojties notice to produce (folios 4 each) Two copies notice to inspect and admit (folios '.> each) . . . . ■ Two copies notice to treat (folios (i each) Two copies of all other necessary documents (at 4^/. per folio) .... ^ "' , Q.(\, with brief with brief , consultation fee and Attending jMr. Paid his fee and clerk . Attending Mr. Paid his fee and clerk . Paid j\Ir. , Q.C, clerk. Attending Paid :\Ir. - consultation fee and clerk — , Q.C, to view and Attending him Attending consultation Paid fee to ]\Ir. clerk. Attending him Attending inquiry before under-sheriff, when verdict was given for £4,0()() (engaged all day) Attending for under-sheriff's judgment Paid for certified copy thereof July. Drawing costs and copies (at l.s. per folio) Attending obtaining appointment to tax Notice of taxing, copy and service. Attending taxing ..... Letters, messengers and incidentals Paid witnesses ..... X. f<. (I £ (■> •> l."> 1.") - 4 ir. - ;! ;\ 4 I i;; 4 _ •} « - _ - 4 — - 13 4 - 13 4 10 - 8 ;', 4 1 ;J 4 c 8 3 - (; 8 4 - 3 4 4 - 1 - •> - 5. LAXI) OWNER'S COSTS OF SPECIAL CASE, STA^ PY ARPITRATOPt UNDER THE LANDS CLAl ACT, OX HEARING IN DIVISIONAL COURT.* TRINITY SITTINGS, 1894. £ .s. (f. £ Aug. 14. Instructions on special case stated by arbitrator, including perusal of award and case annexed (folios ) . . . . 1 Copy award and case for ])rinters ... 1 FED 'SES ;. 4 Dec. 12. Attending Court, but case not reached . . . . . . - lo - "Writing arbitrator requesting him to allow his clerk to hand the plans and other exhibits to the associate on the hearing - 3 ISlt,'). Jan. (!. Refresher fee to Mr. and clerk . . . . 1 o Attending him ..... - ;5 4 Term fee 11- - l;} 4 HILARY SITTINGS, 1S95. Jan. . Attending during sittings searching position of case in list .... 10. Attending Court all day, case in list but not reached - 10 17. Attending Court, case in list, but on application directed to stand out of the list until next week to suit leading counsel's convenience ...... 13 4 Lands Clauses.'] oOS £ •v. ,1 £ .V. ^7. and clerk . 1 ;) (1 •?> 4 Conference fee to Mr. Attendint;- to appoint Attending conference ..... Attending shorthand writer instructing him to take a note of the proceedings, as the town clerk of desired it . . . - 8 2?>. Attending Court, case reached and part heard -1 -1 - 24. Attending Court, case hnished and judgment given in favour of Urban District Council . . . . . . . Attending to draw up rule .... Paid .^ 1 - - Copy and service ...... Copy to keep ...... ]*aid moiety of shorthand writer's charges Drawing bill of costs and copies (folios 10) . Attending obtaining appointment to tax Notice to tax, copy and service Attending taxation ..... Term fee (agency) ..... Letters and postages ..... 2 2 c 8 - ?, ] 1 1 _ 2 1 1 4 1 1 4 1 1 - RESPONDENT'S COSTS ON APPEAL DISMISSED AYITH COSTS.='* IX THE COURT OF APPEAL. Between The ■ Cori)oration AND The Local Board. HILARY SITTINGS, 1895. £ s. d. Feb. Oth. Instructions on appeal ... - l;> 4 Copy notice of appeal ..... - 1 4 Attending searching if appeal set down . - ;> 4 Attending town clerk of , who said that having regard to the pending discus- sions the Corporation desired the appeal to be kept out of the paper until after (date), and it was arranged we should instruct counsel to apply to the Court accordingly . - G 8 Attending Messrs. ■ — ■ , when they in- formed us they were instructed to concur in * The costs of a special case stated under the Lands Clauses Act and of the proceedings thereon in the Queen's Bench Division and Court of Appeal are costs " incident to the arbitration," and the Courts have no jurisdiction as to such costs : HaUldnij v. Mayor, (tc, of Wakefield, 57 L. J. Q. B. 624. Under sect. 3i of the L. C. C. Act,' 1845, these costs have to be borne by the promoters. Lands ClauMfi.'] 009 £ -s-. (I. an application for ]>ost])onemeut, and later when they iiirormcd us counsel for peti- tioner would apply at 2 p.m. Instructions to counsel to apply ... - (I 8 Fee to Mr. ■ and clerk . . .210 Attendiuf]^ him - C 8 12. Attending- Court when application made and a]>])eal was directed to stand out of list generally and to be restored on a])[)lication . - l;3 -4 EASTER SITTINGS. March 15. Notice to the corporation solicitors of intention to apjjly for the appeal to be restored to the list for hearinu,' copy and service ....... - 4 - Attending the town clerk, who said the cor- l)oration were about to have a meeting and he desired we should defer our threatened application till after meeting, and we under- took to leave it over until Tuesday morning next ....... - 8 Attending IMessrs. — — — — , when they gave us a consent to the case being restored to the list for the first day of Trinity Sittings on which this class of case was taken . . - G 8 Instructions to a])ply to restore case to list for hearing ....... - (! 8 Fee to J\ir. and clerk . . . 2 -1 C Attending him - (I 8 May 20. Writing Messrs. informing them counsel would ap})Iy to have the a])peal restored to the list on the first day on which the (^ourt would sit to hear ex parte motions - o (! 2."). Attending Court Avhen api)lication made and ai)peal directed to be restored to the list for the Trinity Sittings ... - 18 4 2(1. Instructions for brief on ap])eal . . 11- Drawing same (folios 48) .... 28- Two copies for counsel ..... 1 12 - The like order of .Tanuary, 1 S'.i.'). appealed from ....... The like notice of appeal (folios 4 each) Copy of each of the following documents to accompany Mr. — 's brief : — Memo, of appointment of arbitrator (folios .s) - 2 8 Print of award of arbitrator and special case Transcript of shorthand notes of evidence of scientific witnesses given before the arbitrator (folios ) . Correspondence (folios ) . I'lans showing connections proposed to be made by the respondent council with the outfall sewer .... 11- _ 2 - 2 Lands Clauses.'] :ao Oi-dnaiu-e map, and mavkinu- ami culouriiig same to show the northern portion 29. Fee to Mr. , Q.C., with brief and £ .V. (L clerk . .".;; k; Attending him . . . Attendinij to appoint conference Paid fee . 2 7 Fee to ^Ir. with brief . . :)■> 10 Attendinu- him .... Consultation fee to him and clerk . . ] ;; Term fee TRINITY SITTINGS. June C. Attending consultation Attending Court all day, case in list but not reached ....... 17. Attending Court, case reached and part heard and adjourned till to-morrow 18. Attending Court when case proceeded with, arguments closed and judgment resei'ved July (■». Attending Court when judgment given and appeal dismissed 7. Attending to draw up order Paid . ^ Two copies order .... Service thereof .... Drawing judgment July. Attending to sign judgment Paid . . . ' . ' ' . Drawing costs and copies Attending taxing Term fee .... . Letters, &c. .... 1 8 4 10 - 1.-; 4 (■) 8 l;! 4 1 - i;i 4 l^; 4 •> 4 (1 8 2 _ 2 () C 8 (') 8 1 1 7. COSTS OF AX ARBITRATION UNDER THE LANDS CLAT^SES CONSOLIDATION ACT, 1845, THE MATTER REFERliEl) r,Y ACREEMENT TO A SINGLE ARBI- TRATOR, THE REFEREXCE CONDUCTED WITHOUT COUNSEL, THE CLAIM AND AMOUNT AWARDED EACH EXCEEDING £:^;U,000. JiKTWEEX A. B. The - AND Canal Company. 18!l.">. June 20. Instructions to ]n-oceed with reference ....... Perusing and approving draft agreement (folios 8) Fair copy to keep d. £ .S". d. .') 4 8 _ 2 8 • > 2 <; C H C s - i; - (5 8 La mix Chivsps.'] 511 £ .s. ^ Writing the company's solicitors therewith approved ....... Engrossing agreement Attending A. B., obtaining his signature thereto ....... Attending exchanging agreements July 2. Attending A. B., obtaining his signature to agreement signed by the com- pany, that the arbitrator might have the document signed by both parties. . . - 8 Aug. 1. Attending the arbitrator with agree- ment and to obtain appointment to proceed, when he suggested we should comnumicate with company's solicitors before he fixed same AYriting them accordingly, and if appointment for Sei)tember and following days would be convenient for them .... lU. Upon receipt of reply from company attending the arbitrator, when he gave appointment to proceed for October and following days ...... Notice to the company's solicitors informing them thereof, copy and service ... - 4 - "Writing A. B., informing him of the appoint- ment ....... - o G Sept. 2'). Attending at ■ , engaging room for arbitration .... -(58 Notice thereof to the company's solicitors, copy and service ...... - 4 - Writing the arbitrator informing him . . - 3 21). Writing the company's solicitors in reply as to days arbitrator would proceed with the arbitration after the first week, and acknowledging receipt of correspondence they had had with him .... - •■> <> Perusing the correspondence .... Oct. ."). Perusing notice to produce served on behalf of the company .... - (» 8 Drawing notice to produce .... ~ '' ~ Service thereof ....-■ - i (> 0. Writing plaintiff's solicitors in reply and enclosing a recjuested duplicate notice to produce with memo, of acceptance of service indorsed, and thereon, and signing memo. . - 3 (5 Instructions to appear before the arbitrator to submit and argue the claims of A. B., necessitating the examination of the details of the clain^s, perusal of voluminous corre- spondence and papers, numerous attendances on witnesses, i^:c., and settling proofs, corre- spondence, and other professional labour incidental to the arbitration . ■ •'- •** ~ Oct. 7. Drawing proofs of the witnesses (folios 3U0) 4 Vo - - La)2(Js Classes.'] 512 ^/. € .s. (I. Fair copy T) - - jMaking copy of the correspondence for the arljitrator '(folios 470) .... 7 If, 8 Copy for use on tlie arl)itratiou ... 7 HI 8 8. Attending the arbitration conducting tlie proceedings {]-2 days at t'5 ^>s. per diem) . Writing the company's solicitors \nth refer- ence to plans, explaining Avhat tliey wanted - /i G Nov. Writing the arbitrator's solicitors with original contract for purpose of drawing up award, and thereon ..... - 3 (5 Writing the company's solicitors thereon, and explaining that we had sent the original contract to the arbitrator's solicitors . . - ii Dec. f). Attending the arbitrator's solicitors paying them £ and taking up award - (I 8 Perusing award ...... - (; 8 Copy of award for company's solicitors . . - 4 - Writing them therewith and asking for cheque for £ Paid the Company for use of room for arbitration ...... Drawing bill of costs and copy for the Company's solicitors (folios 20) . ■ ■ 1 (; - Attending obtaining appointment to tax . - ?> 4 Notice of appointment, copy and service . - 4 - Attending taxing - 1 ;5 4 Letters and incidental expenses ... 11- Witnesses : — A. B., expenses (12 days) . . . . 4 10 - Mr. , engineer . . . . 12 12 - 8. CLAIMANT'S COSTS OF INQUIRY BEFORE SHERIFF AND JURY, VERDICT FOR £2,000. £ .S-. (I. £ ». (L 1895. April. Many attendances on claimant obtaining instructions to obtain com]iensa- tion on his premises l)eing compulsorily taken by the corporation .... •> 2 - Attending promoter's solicitors accepting service of notice of jury .... -(18 Drawing and fair copy particulars of claim . - 10 - AVritiug the town clerk therewith ... - ;> C Attending at Exeter nominating special jury . 11- Copy list of juroi"s ..... - 5 - May 10. Instructions to reduce ... - C. 8 Attending at Exeter reducing jury . . 11- Copy reduced list ..... - 2 C Instructions to counsel to advise on evidence . - l;^) 4 Fee to him and clerk . . . ■ .240 Attending him ...... - (J 8 Lands Clauses.'] 513 17. Attending instmctiiii;- witnesses to qualify (each) ....... (Two qualifying generally allowed.) Attending arranging with each witness to attend trial without subpoena (If witnesses subpoenaed, usual charges for writing slieriff for and paid for sub- poenas and services.) (Notice to produce and inspect and at- tendances, if any, as in actions.) Instructions for brief (according to the number of witnesses, &c.) . . . . . Drawing same (at per folio) . . . . Copy, with copies of all necessary documents (at per folio) Copy plans to accompany . . . . Attending the town clerk and making arrange- ments for the witnesses for the corporation to see the property . Fee to counsel with brief and clerk Attending him therewith Conference fee and clerk Attending conference . Instructions to counsel for view Paid his fee and clerk . Attending him June 18. Attending hearing when A'erdict given for claimant with £2,000 damages Drawing bill of costs and copies (at per folio) Attending taxing . Paid Letters, messengers, Arc Paid witnesses a s. d -08 1 C - 1(1 - 1 - - 4 13 4 13 4 13 G 4 8 G 8 - 1 13 4 9 _ J.C. L L XL COSTS IN THE PROBATE. DIVORCE, AXD .\DMIRALTY DIVISION. The costs of all proceedings in tlie Probate, Divorce, and Admiralty Division, as far as regards Probate and Admiralty actions, are in the discretion of the Court subject to the provisions of Order ('>'>, Kule 1 (R. 8. C). By the Matrimonial Causes Act, ]x'>7 (20 & 21 "\ ict. c. 85, sect. 51), the Divorce Court, on the hearing of any suit, proceeding, or petition under that Act, may make such order as to costs as to such Court may seem just, provided that there sliall be no appeal on the subject of costs only. As to the costs of appeals from the Probate, Divorce, and Admiralty Division to the Court of Appeal, the successful party is entitled to the costs both in the Court of Appeal and in the Court below. In the absence of special circumstances the costs follow the event : The 31 on ks fa fan, UP. I). 52. i^J Order (iS (R. 8. C.) nothing in the Rules of the Su])remc Court " save as ex])ressly provided shall affect the procedure or practice in (d) proceedings for divorce or other matrimonial causes." The scale of solicitors' fees in Appendix X., j). 24, and the order as to Court fees of January, 1^(;2. (As TO Costs.) Taxing Bills of Costs. Rule i)2. All bills of costs in contentious business are referred to the Registrars of the princii)al registry for taxation, and may be taxed by them without any special order for that purpose. Such bills are (unless by leave of the .Judge or Registrar) to be filed in the registry two days at least before the day appointed for the taxation. An ap])(iintment for taxation will be made at the time of filing the bill. Rule I);). The party who has obtained an ajipointment to tax his bill of costs shall give the other party or parties to be heard on the taxation thereof at least one clear day's notice of such appointment, and shall at the same time deliver to him or them a copy of the bill to be taxed. Rule 94. When an appointment has been made by a Registrar of the principal registry for taxing any bill of costs, and any of the l)arties to be heard on the taxation do not attend at the time appointed, the Registrar may nevertheless proceed to tax the bill after the expira- tion of a quarter of an hour, upon being satisfied by atlidavit that the parties not in attendance had due notice of the time appointed. Rule i)h. If more than one-sixth is deducted from any bill of costs taxed as between practitioner and client, no costs incurred in the taxation thereof shall be allowed as i)art of such bill. RULES OF :MARCH 2xd, 1874. (As to Costs.) Rule 114. A party may obtain an order to change his or her solicitor upon application by summons to the Judge, or to the Registrar in his absence. Rule 1 1 ."). In case the former solicitor neglects to file his bill of costs for taxation at the time required by the order served ujion him, the party may, with the sanction and by order of the Judge or of the Registrar, ])roceed in the cause by the new sohcitor without previous payment of such costs. Rule 128. In all cases in which the Court at the heariug of a cause condemns any party to the suit in costs, the solicitor of the party to whom such costs are to be paid may forthwith file his bill of costs in the registry, and obtain an appointment for the taxation, ]n-ovided that such taxation shall not take place before the time allowed for moving for a new trial or re-hearing shall have expired ; or in case a rule nisi should have been granted, until the rule is disposed of, unless the Judge shall, for cause shown, direct a more speedy taxation. l l '2 Frohaie — Confenfious.'] 516 IiULi: I:.".!. Application for a review of taxation is to be made to the Judge on summons. Hulk l;5(t. Ui)on the Registrar's certificate of costs being signed, he shall at once issue an order of the Court for payment of the amount Avithin seven days, unless a summons be taken out for a review of the taxation, in which case the order for payment shall be suspended until the summons be disposed of. Rui.E ];n. Tills order shall be served on the solicitor of the party liable (or if it is desired to enforce the order by committal on the party himself), and if the costs be not paid within the seven days a writ o{ ftori farids, or writ of sequestration, or a writ of elefjit shall be issued as of course in the registry, \\\)0\\ an affidavit of service of the order, and non-payment. Rule V\2. The issuing of fresh subpccnas in each term shall be abolished, and it shall not be necessary to serve more than one subpoena ujjon any witness. COSTS TO BE ALLOWED SOLICITORS.- Citations. £ .s. d. Citation, including prascipe . . . . • . - 7 ( Citation to see proceedings, including praecipe . . - 7 ( Certificate of service . . . . . . . - 2 ( Service of citation, if within 2 miles of the place of business of the practitioner or of tlie person employed to effect the service . . . . . . .-;">- If beyond that distance, in addition for every mile one way . . . . . . . . - 1 - Affidavit of service, if 3 folios or under . . . .-;">- If necessarily more than :5 folios, for every folio, including copy . . . . . . . - 1 4 (In cases in which the person to be served shall avoid service, or the service shall be effected beyond the jurisdiction, except in Scotland or Ireland, such a sum to be allowed for service as the Registrar may consider reasonable under the circumstances.) COLLATIXO. For collating any copy of a script, exhibit, or other instru- ment with tlie original, or witii another copy thereof, per folio, in addition to the fee for attendance . . . - - 2 Drawing. Drawing any instrument to be filed in or issued by the registry, for which no other fee is herein allowed, and for fair copy to be filed or issued, per folio . . .-14 Instructions. 'For citation . . . . . ... . . - (! 8 Fc>r inventories . . . . . . . . - (! 8 * For the charges which are common to all the divisions of the High Court of Justice, see Appendix N., p. 24. Prolate — Contentious.'] Writs. il. Subpoena to bring in ii script, if 5 folios or under, including- praecipe If necessarily exceeding ."j folios, lor each additional folio TABLE OF COURT FEES. (APPLICABLE TO PROBATE COURT ONLY, AXl) XOT IX THE ORDER AS TO COURT FEES, 1884).* Certificates. £ s. d. For every certificate under the hand of one or more of the Registrars of the principal registry, for which no other fee is payable . . • . • • . .-20 Copies. For every office copy or extract of a minute, order, decree, or other document filed or deposited in the principal registry, if 5 folios or under - 2 If exceeding 5 folios, per folio . . . • . - - G For the seal in addition to the fee fur the copy, and collating . . . • • . . • .-a- FlLIX(i. Filing certificate of County Court Judge . . . - 1 - Filing inventory . . . • . • ■ .-.">- Filing any document not otherwise specified . . . - 2 (» Reference to Registrar for his Report. On each reference to nominate a commissioner to take evidence, or an administrator or receiver, or to ascertain an amount of money to be paid or secured, or the security to be given ........ For the Registrar's attendance - 5 - For his report thereon . . ■ • • • . - 2 G On each reference for any other inquiry before the Registrar For the Registrar's report, if 5 folios or under . . - 10 - If exceeding a folios, for every additional folio or part of a folio . . . . • • • • . - -2 ii Searches. Search in each Court book, if at an earlier period than within the last a years - 2 G » For the Table of Court Fees, which applies to all the divisions of the High Court of Justice, see p. 37. Prohaic—Contmiiom.'] 518 1. Tin: I'J.AIXTIFF'S COSTS OF ADMINISTKATIOX, ACTION taxi: I) PURSUANT TO ORDER OF JANUARY, 1.S . 18 . H. No. r.». IN TIIK incil COURT OF JUSTICE. Rkobate, Divouck, and Ai)MiKAi/rv Divisiox. (Probate.) liKTWEEX J. n. and R. H., PlaiiitifFs, AXD S. 11., Defendant. TRINITY SITTINGS, IS . Oct. 27. Attending searching if letters of administration bronti-lit in, pursuant to citation . Paid search ...... 28. Instructions for atlidavit to lead Avrit Drawing and engrossing same (folios 5) . Attending to swear .... Paid 2 oaths ..... 31. Attending Registrar to read over, when he wished the other side to be asked whether they would not abandon their letters and consent to the grant before issuing writ Writing them, to inquire accordingly . . . . Letters, &c. ......... MICHAELMAS SITTINGS, IS . Nov. o. Ha^■ing no reply from other side, attending Registrar again, when he directed writ to issue Preparing writ accordingly .... Special indorsement ..... Paid writ ....... Paid filing afii davit ..... Copy writ, to serve ..... 7. Service of same on defendant personally at ]\I. Mileage ((I miles) ...... 15. Affidavit of service ..... Paid oath 18. Defendant having appeared, instructions for statement as required ..... Drawing same ..... F'air cui)y ...... Attending to deliver .... Instructions for plaintifl's' affidavit of scripts Drawing and engrcjssing same (folios 4) . Attending to swear .... Paid 2 oaths 23. x\tteuding fiHng affidavit of scripts . £ s. (1. -(18 - - C 8 3 ('. C - 4 8 5 _ 10 - '2 (; 1 - 5 - (; - 13 4 lU - 3 4 3 4 (; 8 5 4 G 8 rrohate — Contentious.'} oil) Paid filing .... Notice of filing Service thereof Dec. 4. Attending defendant's summons for time to deliver statement, defendant did not attend 7. Copy will for counsel (folios ) . 14. Summons to declare letters void, and for grant of pro bate, as advised by counsel . Paid Copy to serve Service ..... Drawing attidavit in support (folios Engrossing .... Copy for other side Attending to swear Paid oath .... Paid filing .... 28. Attending summons, when or usual attidavit of service and non-attendance on summons Drawing and fair copy of attidavit accordingly Paid '2. oaths ...... Paid filing ...... Paid order ...... Paid noting revocation of letters Paid notice of revocation to district registry Sittings' fee, lbs., or if agency y) der made, subject to £ .«?. - 1 - 1 - (; - 1 (1. i; r, i; (; 8 c - -20 - 10 - - 2 G - 1 - 11- HILARY SITTINGS, 18 . Jan. 1 1. Summons for payment of costs by defendant Paid Copy summons to serve ...... Service ......... 15. Attending same, adjourned to Judge, notice thereof directed to be given to defendant Xotice to defendant as directed by Registrar . Service thereof ....... Affidavit of service of summons and notice and non attendance (folios 8) . Paid oaths of 2 deponents ..... llj. Attending Judge in Chambers, when the matter was considered by him, and he intimated that if the facts as stated to him were put into an affidavit he should make the order ..... Instructions for affidavit accordingly Drawing same (folios U) Engrossing .... Attending to swear Paid oath .... Paid filing 2 affidavits . 23. Attending summons, order made Attending to bespeak order, and afterwards for Paid order .... Copy to sor\-e — •> _ . - 1 - 2 I . - <■) 8 . - 1 t; _ •> c . - 1« 8 — o - same (■> 8 t; 8 i; 8 1 i; S 8 t) - 1 - Prolate — Contentious.'] 520 Service on other side Drawino^ costs and copy (folios ] 1) Notice of taxing and service . Attending taxing .... Paid taxing ..... Paid tiling costs .... Attending to file, and for appointment to Aflidavit of service of notice . Paid oath Paid tiling ..... Sittings' fee, l.")^•., or if agency tax £ .. Instructions for affidavit in support of summons Drawing and engrossing same .... Attending with deponent to be sworn Paid oath (?. 8 8 ('* 8 1 8 a - 1 8 (*> 8 C 8 2 G 1 •> (') 8 •2 G G 8 G 8 G 8 1 G - ( - ( - ( Probate — Contentious.'] r,21 £ s. (I. Attendin.f? adjourned summons, when defendant's a^^ents produced affidavit in reply, and the Iie,i;-istrar further udjourned tlie summons to enable us to answer it Close copy defendant's affidavit ..... 17. Attending for office copy administration act, and e.xamining same, and attending lodging same with clerk of the seal ......... Paid fees for notation ....... oO. Attending adjourned summons before the Judge, when he further adjourned same to enable the defendant to answer our affidavit ....... Attending adjourned summons, when order made for pay- ment of costs by defendant . Paid filing affidavit Feb. 8. Attending for order . Paid for same Cojiy and service . Drawing bill of costs and copy Attending filing bill of costs . Paid filing .... Copy and service of appointment to tax Attending taxing . Paid taxing Sittings' fee .... -(18 i; 8 •2 i; 8 •> i; (1 ('. s •> c 4 - (] 8 1 1 PLAINTIFF'S COSTS UNDER DECREE FOR PROBATE DATED JANUARY 12th, 18 . EASTER SITTINGS, IS . April 10. Instructions for citation to bring in probate of will Instructions for afiidavit to lead writ of summons . Drawing same (folios 10) Engrossing • • • . 2;». Attending plaintiff reading affidavit, and with him before commissioner to be sworn .... Paid oath ........ May 1. Drawing special indorsement on writ . Drawing citation .....•• Fair copy for the Registrar . . . . • 4. Attending at the registry with copy citation, for settle ment .....•■•• 5. Attending at the registry for and obtaining draft cita tion as settled by the Registrar .... Engrossing same ....••• Paid parchment .....•• Attending at the registry leaving afiidavit of citation, draf and engrossment with the Registrar, for examination Instructions to sue d. . - (; 8 . - (5 8 . - 10 - . - 3 4 a . - Ci 8 . - 1 (; . - 10 _ . - 3 4 . - c 8 . - ('» 8 — ') 4 _ •> t; . - 8 . - i; 8 Proha te — Con ten fioKs.l i)-J2 Writ of summons and attending to issue . Paid fee ..... . Paid filing affidavit to lead writ Attending entering caveat Paid fee ■ . • • • • Extracting citation .... Paid Registrar's fee thereon 1). Making 8 coi)ies citation, for service (folios 1 each). ...... INlaking 3 copies of writ Attending serving same on ^Mr. W. TI. (one of the defen dants), at his house at K. . The like Mr. 1>. (second defendant). The like Mr. D. (third defendant) . jMik-age Certificate of service of citation 10. Attending searching appearance, when we found same entered for defendants, and that they required statement of claim ...... Paid search ...... Instructions for statement of claim. ] )rawing same ..... Fee to i)r. T. to settle .... Attending him ..... Copy for the printer .... 2;i. H.xaminiug proof .... Paid ]irinter's bill 24. Copy statement for service Attending to deliver . . . . 27. Drawing and engrossing summons for time to file alii davit of scripts, and copy to file . Attending at the registry getting same entered and signed Paid stamp on summons and order . Co]iy and service ..... Attending sunnnons, order made Attending at the registry for order ( 'opy order and service .... .sittiuii's' fee . £ s. - c. - 10 s c. s c. S -If - -10 - - 10 - - 10 - - 10 - - 2 C - .) - 1 - 1:5 - 10 f ;; - 3 - 1 - 1 - <) - 1 - (') .s - f) — - ;5 (i -(18 - C. « - ?> C. 1 1 - TRINITY SITTINGS, 18 . 2!). Attending defendants' summons for time to file affi davit of scripts, order made .... Perusing order ....■.• 31. Instructions for affidavit of scripts . Drawing and fair copy (folios .")) .... Attending plaintiff on swearing same Paid oath ...••••■ June G. Attending defendants' summons for time, orde made ..••••••• 12. Attending at the Probate Office filing affidavit of scripts ....•••• Paid tiling ....•••• Notice thereof to defendants' solicitors . C 8 1 - c 8 8 c 8 1 C. G 8 G 8 2 (; 4 - Fro ha le — Contentious.'} 523 15. Attending defendants' further summons for time to file affidavit of scripts, order made for 7 days Copy of plaintiff's affidavit of scripts for defendant . IG. Perusinii" defendants' statement of defence. Copy thereof .....••• Demand for copies statement of defence, and service Paid for prints ....... 2G. Attending searching, when we found defendants had filed affidavit of scripts ..... July 11. Summons for time to reply, copy to file and stamps ........ Copy and service ....... 12. Attending for and obtaining copy defendants' affidav of scripts .....•■■ Paid for same (folios S) . Perusing same ....... Close copy .....•■• Paid for copies of scripts (folios 15'.») Perusing same ....... Close copy ......-• Attending summons for time to deliver reply, order made Notice of order, copy and service .... lo. Instructions for replication .... Drawing same and copy to file Fee to counsel to settle ...... Attending him . Copy to deliver .....•• Attending to deliver ...... Notice of trial, copy and service .... Copy to file .....■•• Two copies statement of claim, on setting down cause Two copies statement of defence .... Two copies reply .....■• Two copies rejoinder ...... 21. Precipe on entering cause .... Attending to enter ....••• Paid fee on setting down cause .... Notice to defendants' solicitors that cause set down, copy and service ....... Sittings' fee . 1 - (i 2 2 •> l;! 1:5 l:J G 4 G (') - G 8 MICHAELMAS SITTINGS, 18 . Nov. 3. Instructions for drawing and fair copy case for counsel to advise on evidence .... Fee to him and clerk ...... Attending him .....•• Close copy opinion . . . • • • _ • G. Attending defendants' summons to rejoin notwithstand ing the time for doing so had elapsed, order made Close copy order ....-•• Perusing rejoinder ...-■• Close copy ....••■• Instructions for brief r 4 . - G . - 1 8 . - G 8 _ 1 - . - G . - 1 . lU lU 8 _ Prolate — Contentious.'] r.24 Drawinu' Slime (folios 120) ..... Copy thereof for :Mr. B., Q.C The Hke :Mr. S.* Two copies pleadings, to unue.v to brief, at jier foHo Two copies phiiiititrs affidavit of scripts, at per i'olio Two copies defendants' affidavit of scripts, at per folio Two copies will and codicil, at per folio . Two copies scripts mentioned in defendants' affidavit (folios 4.")2 in all) ..... Two copies plaintiff 's letter to testator, to anne.x Fee to :Mr. B., (,).('., with brief and clerk Attendinii' him ...... Fee to him for consultation .... Attendinji' him . Fee to ^Ir. T. with brief and clerk . Attending;- him . . ... Consultation fee to him and clerk . 1(1. Attending at district registry office of probate as to obtaining production of original will in Court 11. Drawing consent to cause not being taken before Thursday ne.xt, and attending Court on application Subpoena ad test. ....... Paid stamp thereon ...... Copy and service of subpoena on ]\lr. II. . The' like .Mrs. A. H The like Miss II. H I'i). Subpoina ad test. ...... Paid stamp thereon ...... Copy and service thereof upon .Miss J. H. Attending serving .Mrs. H. . . . . . Attending serving Mr. J. 8. . Subp(jena ad test. ....... Paid stamp thereon ...... Copies and services on '.) witnesses (O*. each) . Sub])oena duces tecum ...... Paid stamp thereon ...... Copy subpoena duces tecum and service on liegistrar of Proljate Court ...... Subpa'na ad test. ...... Paid stamp thereon ..... ir>. Cojjy and service thereof on Mr. 11. . The like on Dr. A. Mileage ....... 18 . Jan. (). Attending Messrs. J. when they had received telegram from their agents that cause would be in the paper on Thursday, telegram to agents hereon and attending to dispatch ....... Paid Attending Messrs. J. several times hereon 8. Attending defendants' agents (ni their calling to know whether we had received instructions to consent to the £ .<••. (I C - - 2 - - 2 - - - - 4 - - 4 - - 4 - - 4 10 4:5 - - i;; 2 7 - (•) rJ2 10 - i;i - i; - - c 18 - C - G ;') - (I - (•) - (; 1 * A third brief diballowed. Prohate — Content Iouh.'] 525 £ .s. il. cause standing over till the ITtli, when we informed them we had, and they signed consent . . . .-08 Attending at the registry, Avhen the Registrar informed us that the list for Thursday had been published, and could not be altered excei)t by leave of the Court . . . - C. 8 Drawing and attending dispatching telegram into the couutrv . . . • • • • • .-(18 Paid ." - 1 - Drawing and dispatching telegram into the country for witnesses to come up this afternoon . . . . - 3 4- Paid - 2 - 10. Attending preparing and dispatching special telegram that cause would certainlv be reached on Friday . . - :; 4- Paid . . . . ' - 1 - Drawing further observations . . . . • . 1 - - Two brief copies . . . . • • _• . - lo 4 Attending- at the registry several times to ascertain how cause stood, when Ave found we Avere in the list for to-morroAV . . . . . • • _• . - lo 4 "Writing plaintiff informing him that cause Avas in the pa])er, and arranging to go to London .... "Writing to Dr. A. to go up to toAvn to-morrow Writing to 4 witnesses to arrange on their subpoenas Sittings' fee HILARY SITTINGS, 18 . Refresher to Mr. B., Q.C Attending him .....-•• The like to Mr. T Attending him ....-■•■ Brief to Mr. T. to move that cause be not heard until Friday .....■••• Attending him thercAvith Fee to him and clerk . . . • • • _ _ • 11. Attending Court, cause mentioned, Avhen his Lordship said that if reached Ave might mention it again, attend- ing Court all day, cause not reached . . • ' " ^^ Xotice to pi'oduce, copy and service .... Two copies for counsel Notice to admit, copy and service Two copies for counsel Two copies of J. S.'s further proof, for counsel (folios 5 each) .... 12. Attending consultation . . • • ^ • Agents attending Court all day, cause tried, when the "judge pronounced in favour of the will and codicil, but kated that, as plaintiff" was justified in taking the proceeding, he would not only not condemn him in costs, but give him his costs out of the estate 17. Attending for and obtaining decree . . . • Paid for same Drawing bill of costs and copv and copy for the otlier side (folios G4) . . ■ 1 (> 1 - 4 (; (; 8 •J 4 •> •> 8 4 (5 - 4 - - 7 ('. - 4 - - 3 4 - 13 4 -(5 8 1 - - Prolate — Content ions. '\ 52G Attendinp; at the refristry filin.u- costs Paid filing ........ Notice of appointment to ta.x, copy and service Attendinii' ta.xation ...... Paid taxinir fee ...•■• . A'ery many extra attendances, conferences, letters and tel( scrams, itc, not before chartred . . . ■ Drawinsr affidavit of increase (folios :^0) . Engro.'^sins Attendin<;- to be sworn thereto .... Paid oath Copy affidavit for the other side .... Paid filinu^ affidavit ...... Sittings' fee (agency) ...... 4 - 1 - - 1 - C 1 1 DEFENDANT'S COSTS ON A DECREE FOP PROBATE, TO BE PAID OUT OF THE ESTATE OF THE LATE J. B., THE TESTATOR, PURSUANT TO THE JUDG- :^n:xT pronounced on june 2i)Tii, i.s . MICHAELMAS SITTINGS, 18 . Dec. ].">. Perusing writ of summons received from the defendant to-day, and taking instructions to defend^ 21. Attending and entering appearance on behalf of defendant .....••.• Paid fee . •."..■ Notice of appearance to plaintilf's solicitor 22. Attending Mr. S. of P., the plaintiff's solicitor, on his calling and giving me a full explanation of the will which iiad been executed by the late ^fr. B. in IS , and his revocation thereof, and the particulars of his death, and other facts and circumstances, and conferring and advising with him tliereon, and he promised to send me copies of the will and the revocation thereof and also of the earlier will, for perusal and consideration, and upon which I was to see the defendant .... 81. Letter to Messrs. S. and Son in reply and acknowledg- ment of receipt of papers . . . ... Perusing and considering the papers received — viz., copies of the 2 wills and the revocation and of a case the plaintiff's solicitor had laid before ^h. S., and of his opinion thereon, and in which it appeared the plaintiff Avas advised to dispute the later will and the revocation, on the ground that the testator was insane when he signed them ........ 18 . Jan. 10. Letter to INFessrs. S. and Son in reply to theirs HILARY SITTINGS, 18 . Jan. is. Instructions for affidavit of scripts, to be filed by the defendant ........ s. J. {', _ 4 - (I 8 8 G ;; 4 ;5 (I - <; Prolate — Contentious.'] -^21 Drawing same (folios 7) . Engrossing ......... 19. Writing Miss B. therewith, to be sworn . Paid oath ......... 20. Perusing a statement by W., the man who waited on the testator to the time of his death, received from Mr. C. (o sheets) Writing ]\Ir. C. fully in reply .... 21. Attending in the registry and filing affidavit of scripts Paid stamp ....... Notice thereof to plaintiff's solicitors 24. Attending summons that the defendant should appear as heiress-at-law as well as next-of-kin, order made Copy affidavit of scripts, for plaintiff's solicitors . 20. 'AVriting J\lessrs. Pt. and Co., the plaintiff's agents, to send me without delay a copy of his affidavit of scripts 29. AVriting Messrs. S. in reply, that their last letter scarcely left Miss B., the defendant, any alternative than to oppose the proof of the will set up by the plaintiff" . 31. Attending entering an appearance for defendant as heiress-at-law, pursuant to the order of the 2-lth instant Paid for stamp ....... Notice to plaintiff's solicitor ..... Feb. 7. Perusing statement of claim received from Messrs P. and Co. ....... Attending Messrs. R. and Co. for G prints of statement of claim ........ Paid for same ....... Instructions for statement of defence and counterclaim Drawing same ....... Pee to Mr. P. to settle same, and clerk . Attending him ....... 10. Copy statement of defence and counterclaim, for the printer (folios 7) ..... Examining proof print .... Paid printer ...... Print for delivery to plaintiff's solicitors Notice, to accompany, that defendant merely insisted on the alleged will being proved in solemn form 17. Perusing reply received from Messrs. R. and Co March 1. Instructions for joinder of issue Drawing same and copy .... 19. Instructions to counsel to advise on evidence Fee to him and clerk ..... Attending him . Term fee ...••• • £ .v. c (I 8 2 C. 4 - _ •; - 3 - (') _ 2 - 4 G 8 - C S _ 13 < 4 1 1 - 1 h G - 4 _ .) 4 - J •) _ i — - 1 9 _ •> G - (') S - c S I li 13 4 -> 4 G - C. 8 — IT) - EASTER SITTINGS, IS . June 14. Preparing and attending issuing 4 writs of 1 G 8 subpoenas ad test, for 12 witnesses in all Paid stamps . . . . • • • ■ • 1 ~ Making 12 copies of subpoena for service on the witnesses - 13 Probate — Conteniiom.'] 528 "Writing Mr. C. with the subpceiias for the plaintiff's wit- nesses, and asking him to serve them, and instruct the witnesses to attend in Court on Friday morning", also sending him a cheque for I' 10 towards payniunt of the requisite conduct money . . . . . . - M G Writing ]\Ir. H. with the subpd.'nus for service on the AV. witnesses, and requesting him to instruct them to attend in Court on Friday morning, and sending him cheque for £5 towards jiayment of the requisite conduct money . . . . . - :^. Instructions for brief . . . .1:^1:^- Drawing same (folios 200) . . . . . .](»-- Two copies for counsel . . . . . . ('> 1;> 4 ]\Iaking 2 copies of the adverse medical evidence, to accompany brief. . . . . . . - S - The like of case laid before and opinion of ]\rr. S. on behalf of plaintiff" (folios 20); - 13 4 15. Attending IMessrs. R. and Co. with reference to getting the trial postponed until next "Wednesday, so that the witnesses need not be brought to town this week and have to remain until the ibllowing week, and it was arranged that their counsel should move the Court to that effect, and the defendant's counsel should assent to it Brief to counsel to assent to the motion .... Paid fee to IMr. P. and clerk Attending him ........ Attending Court when motion made, and it was ordered that tiie action should not be put in the paper before next "Wednesday . . . . . . . - 1 ;5 4 Preparing and dispatching telegram to j\lr. "W. C, inform- ing him of the postponement, and that the witnesses need not therefore come to town to-night . . . .-(18 Paid - 1 :5 The like to Mr. H., at AVnrccster - C. 8 Paid . -13 Preparing and attending dispatching telegrams to the wit- nesses at AV. and P. informing them of the postponement of the trial, and countermanding the instructions they would have received to come up to town to-night (1> telegrams in all) . . . . . . . 1 - - Paid ^ . . - 5 - Writing jNIrs. S., one of the witnesses at AY., and request- ing her to attend in Court next AVednesday . . . - ;> 6 Similar letters to Miss C. W. and ]\lr. F. (l.v. Cxi. each) . . . - 3 - AVridng jMr. C. confirming my telegram, and requesting him to summon each witness to attend next AVednesday - o (! On receipt of a telegram from Mr. C. informing me the witness AA'. had broken his leg and could not attend, attending Mr. P. to appoint conference . . . - :i 4 Paid conference fee to him and clerk . . . . 1 ('> - Attending I\Ir. P., when he thought the witness's evidence so material that we should either endeavour to obtain a G 8 10 — 3 G o 4 Prolate — Con ten tio vs.'] 529 further postponement of the trial or an oi'der to take tlie Avitness's evidence on commission, accordinii- to whether it was likely he would be able to attend before very long Drawing affidavit to be made by ]\Ir. V. in support Vjf the proposed application for the further postponement of the trial, and engrossing same ..... The like affidavit by W.'s medical attendant . 16. Service of subpoena on the witness E. K. . Notice to him to attend in Court next Wednesday morning 17. Attending j\ressrs. It. and Co. informing them that one of defendant's witnesses had broken his leg, and they agreed that the trial should be postponed for a Aveek in any event, and I was to make an application to the Court at the earliest opportunity that the cause might not be in next AVednesday's list ..... Writing Mr. S. instructing him not to come to Londor until hearing again from me .... Writing :Miss" C. W., Mr. E., and Ih. K. (l.s. G^A each) 19. Preparing copy subpuena for service on E. E. Drawing and fair copy instructions to Mr. P. to move the postponement of the trial until W.'s evidence could be taken on commission ....... Brief statement of the witness's evidence and brief affidavit, to accompany (4 sheets) ...... Paid fee to Mr. P. and clerk ...... Attending him ........ Preparing and issuing summons for an order to take W.'s evidence at his residence, coi^ies and service . Attending Messrs. R. and Co. informing them that Mr. P. would move the Court for the postponement of the trial to-morrow about lunch time, and conferring with refer- ence to a barrister or solicitor to take W.'s evidence 20. Attending Court, when motion made, and the trial ordered to be postponed for a week .... Paid for postponement of the trial order .... 21. Attending summons, order made .... Paid for stamp ........ Attending drawing up order ...... Making copy to keep ....... Copy and service on plaintitf's solicitors .... Writing ]\Ir. H. at P., who had been appointed the examiner, with the usual order, and thereon 22. Writing j\[r. H. with lis. Q>d., the balance of his charges ......... Paid his charges in full ....... Attending Messrs. E. and Co. informing them I proposed to attend W.'s examination by counsel, and conferring with reference thereto ....... Drawing brief for Mr. P. to attend the examination, and fair copy ......... Attending him with same ...... Paid his fee and clerk ....... 23. Making copy of the order for the examination . J.C. M £ s. d. - 13 4 r, 8 () 8 c - 3 6 G 8 3 G 4 G 1 - - 10 - - 13 4 1 3 G - G 8 - 10 G 13 4 10 - 6 8 5 - G 8 2 - 4 G 3 G 3 G 7 G -34 1 10 - -68 il Probate — ( 'ontentious.'] it'M) £ .s. (J 2G. Attendini,'' at the probate registry making inquiries, and it appeared likely the cause would be in the paper for Thursday . . . - (I H "Writing ^Ir. S. informing him . . - ;> (! The like .Mr. E. and ^liss (\ W. {\s. i\il. each) . . - y - AVriting ^lessrs. K. and Co. with reference to suninioning witnesses to be present at the trial . . - ;> G 26. Attending at the probate registry searching if the cause would be in the paper for Thursday, when I was informed it would be in Wednesday's paper, notwith- standing the order which had been drawn up in consequence of counsel's application last Tuesday was that it should not be in the paper before the 2'.tth . - (> 8 "Writing the Registrar pointing out what the order had provided, and re(iuesting him to transfer the cause to Thursday's paper, and that I should summon my witnesses for Thursday . . ■ . - ;> •'> "Writing ^Mr. S. requesting him and his wife to be in Court on Thursday . . . . . . . . - ;> (» The like :\rr. K., :\Iiss C. "W., and :Mr. K. (l.v. G^/. each) . - 4 G 27. Attending at the probate registry, when I was informed that the cause could not now be transferred, though it was admitted a mistake had been made . ■ . - G 8 Conscciuently attending on the Judge's clerk, conferring with him, and he confirmed the liegistrar's views . - G 8 Preparing and attending dispatching telegram to Mr. C. informing him, and requesting him to summon the witnesses for "Wednesday . . . . . . - G S Paid - 1 G Telegram to Dr. :\ I - 1 ;{ The like Mr. and .Mrs. S., Mr. ]<:., and :\riss T. "W. (Gf/. each) - 1 (; "Writing ^Ir. K. summoning him for "Wednesday, and clerk's attendance therewith . . . . . - Attending Mr. P., (^C, with brief . . . ■ - Paid fee to him and clerk . . . .21 Attending i\rr. P. with brief ....... Paid fee to him and clerk . . . . . . IG Attending at the pnjbate registry bespeaking office copy of AV.'s evidence, filed this morning . . . . - Paid for stamps ......... jNIaking 2 brief copies thereof for counsel . . . 1 - - Attending i\Ir. P., Q.C, appointing consultation . . - G S Paid fee to him and clerk . . . . . .27- The like to Mr. P 28. Attending consultation ...... Attending Court, cause part heard (engaged all day) Attending ^Ir. P., (}.('., appointing consultation for to- morrow . . . . . - G 8 Paid fee to him and clerk . . . . . .27- The liko Mr. P 1 ;) G 'it 4 i;5 4 15 - rd 4 G 8 l:J - ProJialc — Cojiff'/ilioi's.'] 581 21). Attendini;; consultation ...... Atteudinf^" (_'ourt, jud,i^inent for plaiutifl", defendant's costs to be paid out of the estate (eii^-aged all day) Refresher fee to i\Ir. P., Q.C., and clerk . Attendint:^ him ..... The like to :\rr. P Attending him ..... ?>(». Pei'using copy decree Term fee ..... . Drawing affidavit of increase . Engrossing . ' . Paid oath ...... Copy affidavit for other side . Attending filing and paid Drawing bill of costs and copy, and copy for (l.v. per folio) ..... Attending filing and obtaining appointment to Notice of taxing ..... Attending taxing ..... Paid taxing fee ..... Attending opposite party agreeing the amount Letters, attendances, and sittings' fee Paid witnesses as follows : other side tax s. (I 1 :; 1 1 1 - - - (I 8 ') ]ii - - <; 8 - 1 - - 15 - - i; - _ 2 - - 1 (5 - 2 - - :> 10 :) 2 - - :^ 4 - 4 - 1 1 - M :si 2 Frohatc — Non- Co7ifenlwi(s.'\ 532 Allowances to Solicitors. PAET II.— KON-CONTENTIOUS BUSINESS. RULES OF .lAXL'AlfY 27Tir, ISG;;. (As TO Costs.) Rule 01). All bills of costs are to be referred to the Registrars of the principal registry of taxation, and no special order shall be required for the purpose. COSTS TO i;i: ALLOWED TO SOLICITORS IN THE PRINCIPAL AND DISTRICT REGISTRIES. 1. IN RESPECT OF PROBATES. Including double or cessatc probates or letters of administration with will annexed, i/e bonis non or cessatc, upon which stamp duty is payable in respect of the personal estate of the testator. Probate under Seal. If the personal estate is sworn to be under the value of If the personal estate is sworn to be under the value of £ £ s. d. £ £ s. iL 5 - 1 - 20,000 7 12 (; 20 - 1 - 25,000 s 2 100 - 1 - 80,000 ] 2,000 (■) 5 — 350,000 . 40 3 14,000 (; ]0 - 400,000 . 41 17 10,000 17 500,000 . 43 8 9 18,000 7 5 — For every additional £100,000, r any fractional part of £100,000 , a furthei an d additio nal fee of . 3 2 (In addition to th ea Dovc, for all second or subst-iiuent gran ts of probate or Ictterf 5 of administration with will annexed, the same f cos ibr look ing up the will and bespeal^ ing eng] •ossment as on similar grants upon w liich no Stan iping duty is pay able •) rrolate — Xon-Contcntiom.'] Oath of Executor axd Affidavit for the Ixlanji Office. Allowances to Solicitors. Including attendance on the party being sworn (each) : — If estate sworn under £20 If estate sworn under £100 . . . . . If estate sworn under £200 . . . . . If estate sworn under any larger sum When there are 2 or more executors, and they are not sworn at the same time, for each attendance after the first on their being sworn to oath or atlidavit : — If estate sworn under £20 . . . . . If estate sworn under £100 . . . . . If estate sw'orn under £200 or any larger sum . Engrossing and Collating the Will. If 3 folios of 00 words or under, including parchment If more than o folios, for each folio of 'JO words, including parchment Extracting. If estate sworn under £."> If estate sworn under £20 ...... If estate sworn under £100 to £2,000 . . . . If estate sworn under £3,000 or any larger sum Clerks. If estate sworn under £5 If estate sworn under £20 If estate sworn under £100 to £1,000 If estate sworn under £1,500 to £4,000 . If estate sw^orn under £5,000 to £70,000 If estate sworn under £80,000 or any larger sum Revenue £ a. d. _ 2 ('> - 5 - - (■) 8 - 10 - 2 5 — (J 8 4 G 1 6 - 1 - 3 ■i 8 13 •4 1 2 - 5 - 7 6 1 - 10 - 1 2. IX RESPECT OF LETTERS OF ADMINISTRATION WITH AVILL ANNEXED. £ s. d. In addition to the above fees, for preparing and attendance on the execution of the bond: — If estate sworn under £20 -20 If estate sworn under £100 ..... If estate sworn under £1,000 or any larger sum For engrossing and collating a will or codicil for a grant of probate or letters of administration with the will annexed, when there are pencil- marks in the will or codicil, or when the will or codicil is to be registered fac-simile, in addition to any other fee for engrossing and collating the same : — If the pencil-marks in the will or codicil, or the part t>r parts thereof to be registered fac-simile, are 2 folios of 00 words in length or under . . _. If exceeding 2 folios, for every additional folio or part of a folio of OO words - G Prolate — Kon-Conientiovs.'] 534 Allowanx'ES to Solicitors. 3. IN RESPECT OF LETTERS OF AD^kllXISTRATIOX. Including letters of administration de low's non or cessate, upon which stamj) ihdij is jMUjalU in respect of the personal estate of the intestate. Letters of Admixistratiox under Seal. If the personal estate is sworn to be under the value of £ £ S. (I p 5 _ 1 IS, 000 20 I - i>(»,Oo(i r)0 . 1 C 25,000 100 . - o — 30,000 200 . - 4 G 35,000 300 . - 12 - 40,000 4o0 . 1 r, c. 45,000 GOO . 1 2 t; 50,000 800 . 1 13 - (;o,ooo 1,000 '■y 5 - 70,000 1,500 • > 7 G 80,000 2,000 . 4 10 - 1)0,000 3,000 . 4 1 3 '.) 100,000 4,000 . 4 17 G 120,000 5,000 . 5 5 — 140,000 6,000 . 5 12 G 1GO,000 7,000 . C - - 180,000 8,000 . C 7 (; 200,000 9,000 . C. 15 - 250,000 10,000 7 2 G 300,(»00 12,000 7 10 - 350,000 14,000 7 17 G 400,000 10,000 . 8 8 500,000 If the personal estate is sworn to be under the value of .s. (]. £ ;» 111 1 1 17 k; 3 20 12 G 23 8 <) 2(; 5 I - 30 1 1) G (1 31; • ) ,; 3.S IS 3 41 14 G 44 10 ;» 4(; 17 G 4'.> -1 G 51 11 3 53 18 3 For every additional £100,000 or any fractional part of £100,000, a further and additional fee of . . . Oath of Administrator, And attendance on his being sworn and on execution of the bond : — If estate sworn under £5 .... If estate sworn under £20 If estate sworn under £50 If estate sworn under £100 If estate sworn under £200 If estate sworn under £300 or any laruer sum Affidavit for Inland Revenue Office And attendance on administrator beini;' sworn : — If estate sworn under £20 .... If estate sworn under £50 .... If estate sworn under £200 .... If estate sworn under £300 or any larger sum . 4 13 C - 2 G . - 3 4 . - (; 8 . - 10 - . - 13 4 2 .5 — G 8 10 - Prohate — Non-Contentmn^.'] 535 Allowances to Solicitors. Bond. If estate sworn under £20 ..... If estate sworn under £50 ..... If estate sworn under £100 ..... If estate sworn under £200 or any larger sum . "When there are 2 or more administrators, and they are not sworn at the same time, for each attendance after the first on their being sworn to oath or affidavit, and on execution of the bond : — If estate sworn under £20 ..... If estate sworn under £100 . . . . . If estate sworn under any larger sum Extracting. If estate sworn under £'» If estate sworn under £20 If estate sworn under £.')0 If estate sworn under £lUO to £l,.^oo If estate sworn under £2,000 or any larger sum Clerks. If estate sworn under £.") .... If estate sworn under £20 .... If estate sworn under £.'»0 to £800 . If estate sworn under £1,000 to £2,000 . If estate sworn under £;^>,000 to £70,000 If estate sworn under £80,000 or any larger sum £ s. il. - 1 8 - ?, 4 - 5 — - 8 - 10 - 1 — ^5 4 - 4 8 - () 8 - l;] 4 - 1 _ 2 - — 7 G 1 1 — 1 12 12 4. IN RESPECT OF DOUBLE OR CESSATE PROBATES Upon which no Stamp-duty is Payable. Double or Cessate Probate under Seal. £ If estate sworn under £100 If estate sworn under £200 If estate sworn under £;)00 If estate sworn under £450 If estate sworn under any larger sum Attendance in Registry and looking up the "\Vii l AND bespeaking THE ENGROSSMENT. If estate sworn under £20 If estate sworn under any larger sum .... Oath of Executor and Affidavit for the Inland Office. Including attendance on the party being sworn : — If estate sworn under £20 If estate sworn under £100 If estate sworn under £200 If estate sworn under any larger sum "When there are 2 or more executors, and they are not sworn at the same time, for each attendance after the first on their being sworn to oath or affidavit :— > d. - o 4 - ('. 8 \EVENUE £ S. iJ. - 2 6 - - - ('> 8 - 10 - Prohaio — Xoa-Contentious.'] 530 Allowances to Solicitors. If estate sworn under £20 If estate sworn under £ 1 00 If estate sworn above £100 £ .<-•. (J. - -1 (\ - r» — - (■) 8 Clerks. If estate sworu under £."» .... If estate sworn under £20 .... If estate sworn under £100 to £1,(hi(;) . If estate sworn under £1,500 to £4,000 . If estate sworn under £r),(i(i(» to £(iO,000 If estate sworn under £70,000 or any larger sum - 1 - 1 DUAWINO AND COPYIXa STATEMENT IN SUPPORT OF APPLICATION FOR THE Duty-paid Stamp. If 5 folios of 72 words or under : — £ If estate sworn under £450 . . . . . - If estate sworn under any larger sum . . - For each additional folio - Attending at Inland Revenue Office, procuring duty-paid stamp .......... Extracting. If estate sworn under £5 If estate sworn under £20 If estate sworn under £100 to £2,000 . If estate sworn under anv larger sum 1:5 4 ■A (; 4 8 4- ] •> _ 1 1 EXEMPLIFICATION AT):\IIXISTRATIOX AXXEXET). OF PROBATE WITH OR OR LETTERS OF WITHOUT WILL Attending in the registry, looking up the grant of probate and original will or grant of administration, and bespeaking exemplification . . . . . - <". 8 Exemj)litication under seal, and stamp . . . .11- Extracting - C 8 Clerks / - 2 C fi. IX RESPECT OF DUPLICATE AXl) TRIPLICATE PROBATES OR LETTEP.S OF AI):\[IXISTRATIOX', AYITH OR AVJTIIOUT WILL AXXEXED. Attending in the registry, looking up the will, and bespealvv ing duplicate or tri]»licate of a grant and engrossment . Drawing and copying statement in support of ajiplication for duty-paid stamp, if 5 folios of 72 words, or under: — If estate sworn under £20 . . . . . If estate sworn under £450 . . . . . Under any larger sum ...... 8 10 - Probate — Non-Conimtiom.'] 537 Allowances to Solicitors. £ n. d. If more than 5 folios of 72 words, for each additional folio - 1 \ Attending at the Inland Eevenue OtHcc and procuring the duty-paid stamp . . . . . . . - 1;) 4 Duplicate or triplicate probate or letters of administration with or without will annexed: — If the personal estate is under ,£4."')0 or any smaller sum, the same fee as on the original grant. If the personal estate is of the value of £450 and up- wards . . . . . . . . .-120 Extracting - C H Clerks / - 2 (5 - o — 7. IX RESPECT OF LETTERS OF ADMINISTRATION WITH OR WITHOUT WILL ANNEXED DE BONIS NON OR CESSATE. Upon which no Stamp-duty is Payable. £ .s. d. Attending in the registry, looking up and perusing the will and taking an account of the former grant . . . - G 8 If there has been more than 1 previous grant, for each grant looked up after the first, a farther fee of Oath. Of the administrator and attendance on his being sworn and on execution of the bond : — If estate sworn under £20 If estate sworn under £.')0 If estate sworn under £100 If estate sworn under £200 If estate sworn under any larger sum Affidavit for Inland Revenue Office and Attendance on Administrator being sworn. £ •■>•. d. . - 2 ('. ;> — (; 8 10 - l:; 4 IG 8 (; 10 8 If estate sworn under £20 If estate sworn under £.")0 If estate sworn under £200 If estate sworn under any larger sum .... When there are 2 or more administrators, and they are not sworn at the same time, for each attendance after the first on their being sworn to oath and affidavit, and on execution of the bond : — If estate sworn under £20 If estate sworn under £100 Or any larger sum Drawing and Copying Statement in Support of Application for Duty-paid Stamp, if 5 folios of 72 words or under. £ H. d. If estate sworn under £50 If estate sworn under £100 - 5 - 10 Probate — Kon-ConientiovH^ 538 Allowances to Solicitors. If estate sworn under any lartrer sum . , . . If more tlmu ;"> folios of 72 words, for each additional folio Attkndlnc; at thk Ixlaxd Eevenue Office procuki PAID Stamp. If estate sworn under ,£.")() .... If estate sworn under £10(1 .... If estate sworn under any laru:cr sum De bonis non oil Ckssate Administration w NO Will rxoHU Si:Aii and Dlty-i'aiu St If estate sworn If estate sworn If estate sworn If estate sworn If estate sworn If estate sworn If estate sworn If estate sworn If estate sworn If estate sworn If estate sworn If estate sworn If estate sworn If estate sworn If estate sworn If estate sworn If estate sworn If estate sworn under £20 under£.")(i under £100 under £200 under £;!0() under any larii'er sum Extracting under £"> under £20 under £.'>o under £1,000 . under any larg-er sum Clerks. under £.") under £20 under £4.")0 under any larger sum Bono. under £20 under £.')() under aiiv laru'er sum H OR AMP. .S-. d. 1 1- Dtty- .S-. il. C, 8 1 ;; 4 ithout ; .S-. d. 1 - I c r) — 4 C 12 - 1 2 C. - 1 ;5 4 4 8 C. 8 l;5 4 1 - 2 - 1 8 ?> 4 5 - 8. IX RESPECT OF PROBATES, SPECIAL OR LBIITEl). £ .S-. d. Consulting fee . . . . . . . .-(18 Affidavit for Inland Revenue Office and attendance on the executor being sworn thereto, the same fee as on ordinary probates. Drawing special oath of executor (at per folio of 72 words) - 1 - Fair copy of the oath for the Registrar (at per folio of 72 words) . . . . . . . . .--4 Attending the Registrar thereon - 1 y 4 Engrossing same (at per folio of 72 words) . . . - - 4 Each attendance on tlu; executors being sworn . . - ('» 8 Engi'ossing and collating tlie will .) Special or limited probate under sealj The same fees as on Extracting . . . . .[ ordinary probates Clerks ..... s. (K G 8 _ 4 l;i 4 Prohate — Kon-Coii fmfm/f;.'] 539 9. IN EESPECT OF LETTERS OF ADMINISTFtATIOX WITH OR WITHOUT WILL ANNEXED, SPECIAL OR LBIITEl). Allowances to Solicitors. £ Consulting fees . . . . . . . . - Perusing and abstracting deeds or other instruments, when necessary (at per folio of 72 words) . . . . - Proxy of nomination ........ Affidavit for Inland Revenue Office, and attendance on the administrators being sworn thereto, the same fees as on ordinary grants of letters of administration. Drawing special oath of the administrators (at per folio of 72 words) . . . • ■ • • • .-1- Fair copy of the oath for the Registrar to peruse (at per folio of 72 words) - - 4 Attending the Registrar thereon - i;-3 4 Engrossing same (at per folio of 72 words) . . . - - 4 Each attendance on the administrators being sworn, and on the execution of the bond - (i 8 Engrossing and collating the will .\ The same fees as on Letters of administration under ordinary grants of seal and stamp Extracting . Clerks . -letters of administra- tion with or without will annexed. 10. MISCELLANEOUS. Office Copies of or Extracts from Records, Wills, and OTHER Documents. £ 6-. d. For attendance in the registry and searching for a record, will, or other document, or for a grant of probate or letters of administration with or without will annexed, for 5 years or any period less than 5 years, including the ordering of a copy . . • • • . - ;> - For every o years after the first 5 years . . . .-34 For the perusal of a record, Avill, or other document, when necessary, for the purpose of ordering extracts or for any other purpose, including the ordering of extracts (at per folio of 1)0 words) - - 4 For collating an office copy or extract of a record, will, or other document, with the original, or a registered copy thereof, including extracting fee (at per folio of 00 words) - - 2 For collating an office copy of the Act on granting probate or administration with the original entry thereof, in- cluding extracting fee ~ ^ ~ Caveats. For attendance in the registry and entering or subducting a caveat • . - (> 8 For attendance in the registry and giving instructions for warning caveators to enter an appearance . . .-08 For service of warning to a caveat and copy . . . - u - Probate — Xon-Contentioi's.'] 540 Affidavits other than the Affidavits axd Oaths included IX THE Fees of Pkobate and Letters of Ad.mixistkatiox, AXD DeCLARATIOXS OF PERSONAL EsTATE AXD EFFECTS. Allowaxces to Solicitors. £ .s. d. For taking iustructious for every affidavit or declaration of personal estate and ettects . . . . . .-(18 For drawing- and fair copy of the same (at per folio of 72 words) . . . . . . . . .-l-i For every attendance on the deponents or declarants being sworn or attirmed to such atlidavii or declaration .-(58 Instru.aients of Renuxciatiox axd Coxsext, Letters of Attoiixey, axd other Documexts. £ s. d. For taking instructions for every instrument of renuncia- tion or consent, letters of attorney, or other document . - G 8 For drawing and fair copy thereof (at per folio of 72 words) - 1 4 For Commissioxers of the Court. For each oath administered to each deponent by a com- missioner authorised to administer oaths in the Supreme Court of Judicature -10 For marking each exhibit . . . . . . - 1 - For each occasion of superintending and attesting the execution of a bond . . . . . . . - 1 G Additioxal Costs. Solicitors are not entitled to any costs in addition to those allowed by the foregoing table in respect of the non- contentious business comprised therein ; but, in case of their transacting any business not provided for, they will be allowed as follows : — For instructions for any original instrument prepared by them . . . . . . . .-68 For perusing every document which it is necessary to penise as instructions (at per folio of 72 words) - - -t For drawing and fair copy of any original instrument (at per folio of 72 words) - 1 4 For every plain copy of a document (at per folio of 72 words) . . . . . . . . .--4 If the same or any part thereof is to be copied fac- simile, for the part or parts to be so copied (at per folio of 72 words), in addition to the above . For every necessary attendance on counsel, or on any practitioner or party other than their own client . - (i 8 Taxation of Costs. Drawing bill of costs for taxation, including copy for the taxing officer (at per folio) . . . . . - - 8 Copy for the adverse party (at i)er folio) . . . . - - 4 Attendance on taxation . . . . . . . - EXKMIMJFICATIOXS. For every exemplification of a probate, or letters of admini- stration with the will annexed, in addition to the fees for engrossing and collating the will and other documents registered with the same 11- ReCISTF.RINO and COLLATINf; OR ENGROSSING AND COLLATING Wills. £ s. (/. For registering and collating or engrossing and collating wills and other documents, if ;> folios of ltd words each, or under, including parclnnent . . . . - 4 (I If above ;> folios of 1)0 words each (at per folio) . . - I C In cases of grants for (Queen's pay or prize-money, the effects being under £loo, without reference to the length of the will - 4 (') If there are pencil-marks in a will or codicil, or if a will or codicil or any part thereof is to be or has been registered fac-siraile, in addition to any other fee for registering and collating or for engrossing and collating the same : — If the part or })arts to be registered or engrossed facsimile arc 2 folios of ;>(» words in length, or under . . . . . ^ . . . . - 1 - If exceeding 2 folios, for every additional folio or part of a folio of DO Avords . . . . . - - (5 Codicils to Wills already proved. For every probate of a codicil or codicils, i)r letters of administration with a codicil or codicils annexed, being a codicil or codicils to a will already proved, the same fees respectively as on a duplicate probate or duplicate letters of administration with will annexed. 2. LETTERS OF ADMINISTRATION". Including letters of administration de bonis non or cessate upon which sft/nip diif// is ixii/ablc in respect of the personal estate of an intestate : — If the personal estate is sworn to be under the value of £ £ ■ T) . . . — 20. . . - r»o . . . - 100. . . - 200. . . - 01 n to If the personal estate is sworn to be under the value of •■<. d. £ £ .V. d. 1 - oOO . . - 12 - J - 4:.o . . - k; c. 1 - (100 . . 1 2 i; ] - 800 . . 1 i;; - 4 (^ 1,000 . . 2 :. - Pru ha te — Xon- Con ientious. ] 543 Court Fees. If the personal estate is sworn to be under tlie value of £ 3 7 4 10 4 ]:} 4 17 T) 5 d. C 9 o G (I (*. 7 7 7 8 9 9 10 11 12 12 (; £ 1 ,500 . 2,000 . 3,000 . 4,000 . 5,000 . 0,000 . 7,000 . 8,000 . 9,000 . 10,000 . 12,000 . 14,000 . IC.OOO . 18,000 . 20,000 . 25,000 . 30,000 . 35,000 . For every add £100,000, a further and additional fee of Duplicate axd Triplicate Letters of Admin 1 2 10 17 8 11 (5 2 C ('> 9 If the personal estate is sworn to be under the value of £ 40,000 . 45.000 . 50,000 . (;o,ooo . 70,000 . 80,000 . 90,000 . 1(10,000 . 120,0(10 . 140,000 . i(;o,ooo . 180,000 . 200,000 . 250,000 . 300,000 . 350,000 . 400,000 . 500,000 . tional £100,000, or any fractional part of 13 1 ~. •s. 11 il. 3 k; 7 (*> 17 k; 3 20 12 C. 23 .s 9 2(; 5 - 29 1 •> 30 9 33 .5 9 3(5 2 - 3.S IS 3 41 14 ('. 44 1(1 9 4(; 17 (') 49 4 ('> 51 11 •> o 53 18 3 4 13 G ISTRATIOX, &.G. d. For every duplicate and triplicate letters of administration, when the personal estate is under £300, the same fee as on a first grant of letters of administration under the same sum. For every duplicate and triplicate letters of administration, when the personal estate is of the value of £300, and upwards EXEMPLIFICATIOXS. For every exemplification of letters of administration Admixistratiox Db BONIS XON OR Cessate. For every grant of letters of administration dc honis non or ce).] 5 J^ -t Court Fees. £ ,s, d. For the bond for the performance of the articles, or for payment of creditors pro raid (at per foHo of 72 words) - 2 - 3. MISCELLANEOUS. Searches and Lvspectioxs of Wills, &c. For every search for will, or ^-rant of letters of administra- tion, or any document filed in the principal or a district registry, including the looking up and inspecting an original will before the same is registered, or a registered copy of a will, or an administration Act . . . - 1 - For every third will or administration Act looked up, iu addition to the above . . . . . . . - 1 - For looking up and inspecLing an original will after ihe same is registered, iu addition to the fee for the search . - 1 - For looking up and producing auy document filed in the principal or a district registry, other than an original will or administration Act . . . . . . - 1 - For a search for a will or grant of letters of administra- tion, and for reading the will, when the party applying is unable or unwilling to search for or read the same: — For the search for each year or part of a year . . - - G For reading the will: — If 2U folios of yo words each, or under . . . - 1 - For every additional 20 folios or part of 2U folios, of '.)() words each - 1 - Searches for former Grants. For every search by an officer of the principal or a district registry, in order to ascertain whether any probate or grant of letters of administration has already issued, or any application has been made for a grant of probate or administration as under: — For every full year or part of a year which has elapsed since the deceased's death . . . . . - - G In case it be requisite to extend the search to one or more other district registries, a similar additional fee for the search in each of such registries. Special and limited Grants. For every special or limited grant of probate or letters of administration with or without will annexed, in addition to the ordinary fees, as under : — If the personal estate is under the value of £20, at per folio of 72 words each on the bond, on the Act, and on the grant of probate or letters of administration - 1 - If the personal estate is of the value of £20 and upwards, at per folio of 72 words each on the bond, on the Act, and on the grant of probate or letters of administration . . . . . . . - 2 - "Whenever the personal estate to be placed in ])ossession of or dealt with by the executor or administrator by means of a special or limited grant of probate or letters of administration exceeds in value the sum of £20, the fee of '2s. per folio of 72 words shall be payable on the bond, on the Act, and on the grant, although the personal estate be sworn under £20. - (; Probate — Kon-Contentious.'] 04') NoTATiox OF Domicile. Court Fees. £ s. d. For notini;- on a probate or on letters of administration Avith or without will annexed, that the testator or intestate died domiciled in England . . . . - 5 - Office Copies and Extracts. For every office copy or extract of a will, or jirobate, or Administration Act, or of any document filed or deposited in the principal or a district re folios of !)L) words, for every additional folio or part of a folio - - G If the will or other document is 200 years old, and h folios of 90 words or under - 5 - If exceeding- 5 folios of i)0 words, for every additional folio or part of a folio . . . . . . - - 1) If the office copy of a will or any part of a will or other document is required to be made fac-simile, and such will or part of a will or other document is 2 folios of DO words in length or under, in addition to the fee for the copy . - 1 - If exceeding 2 folios of 90 words, for every additional folio or part of a folio For copies of wills and other documents in foreign languages made by persons specially employed forthat purpose, the charges of the persons so employed will be taken in addition ''to any other fees which may be payable in respect of such copies. If a copy is required to be printed (in addition to a manu- script copy for the jiriuter at For filing every exhibit - 1 - For filing in the principal registry any notice required to be sent there from a district registry .... For filing in a district registry any notice refpiired to be sent there from the principal registry .... 1 1 - _ o - fi - () Prolate — Xon-Contentiotis.'] UA 7 Caveats. Court Fees. £ .s-. d. For the entry of every caveat . . . . , . - 1 - For each notice of such caveat to the principal or to any district rei;'istry . . . . . . . . - 1 - For subductinin' a caveat . . . . . . . - 1 - For every warnin For perusing deeds and other documents, when necessary, per folio of 72 words - - „ Oaths. For every oath administered by a Registrar or bv a coin- missioner authorized to administer oaths in the Supreme Court of Judicature For marking each exhibit Sealing Irish and Scotch (J rants. For aftixinu- the seal of the Court to any grant of probate or letters of administration with or without will annexed, or to any exemplification of probate or letters of ad- ministration with or without will annexed, under seal of the Court of Probate in Ireland, in order to its becoming in force for propertv in England, such fee as would be pavable in respect of 'a grant originally made in England for propertv equal in amount to the property in Eng- land which^s to be affected by the probate or other in- strument to which the seal of the Court is to be affixed. For the Registrar's fiat on an Irish grant For affixing the seal of the Court to any confirmation of an executor issued by authority of a Sherift"s Court in Scotland Registrar's Order. For every Registrar's order for revocation of a grant For every other Registrar's order Settling Advertise:ments. For settling the abstract of citation for advertisement, or other advertisement Taxing Costs. For taxing every bill of costs, inclusive of the Registrar's certificate : — If 5 folios of 72 w(n-ds or under . . • . - o If exceeding that length, for every additional folio . - 1 For postponement of ap])ointment for taxation of costs, to be paid by the party at whose instance the appointment is postponed: — If the bill of costs is 5 folios of 72 words or under . - l 1 1 ;) — 2 {> - 2 ^^> Prolate — X on- Contentious.'] 540 Court Fees. If exceeding 5 folios of 72 words and under 15 folios If exceeding? 15 folios ...... £ .s. il - -1 <; — 5 — 4. TABLE OF FEES. Taken in the Principal and District Registries, and by the Registrars of County Courts, in pursuance of the Acts 3(5 & 87 YiCT. c. 52, AND ;:58 & •^'^ Vict. c. 27. On letters of administration granted to a widow of an in- testate or to one or more of his children, or to one or more children of an intestate widow, when the whole of the estate is sworn not to exceed £20 Sworn not to exceed £:>() Sworn not to exceed £40 Sworn not to exceed £50 Sworn not to exceed £(!0 Sworn not to exceed £70 Sworn not to exceed £80 Sworn not to exceed £90 Sworn not to exceed £100 One moiety of the above fees is r County Court Registrar, and the other transmitted to the principal or district registry. etained by the acting £ s. d. — a — S i) 10 11 12 i;; 1. COSTS OF PROVING WILL WHERE ESTATE SWORX FROM £800 TO £1,000.* Re A. B., Deceased. 1895. Jan. Oath of executor and attendance on his being sworn .....-•• If several executors, atrtiiding (/. for each oath, and Is. for each exhibit. Preparing affidavit for Inland Revenue Office and attend- ing executor to be sworn thereto . Paid oath . . . • • Engrossing and collating will (folios o) Paid stamp on receipt Probate under seal .... Extracting ..... Paid fees and stamp Clerks (Add any other payments.) £ s. d. - 10 - - G 8 - 10 - - 1 (I - 4 () - 1 - 1 lo - - ('. 8 11;^. - • See scale, p. 532. The above amount is given as an example. The charges may easily be adapted to any other amount by reference to the scale of costs and Table of Court Fees. Prolafp — X on-Content iom.'] boO 1:5 1 1(1 1 11 s i>. COSTS OF OBTAINIXd LRTTEIiS OF AD:\riNISTRA- TI()X_1-:STATI-: FROM fsou To fLdou. 1895. Jan. 11. Oath of administrator and attendance on his beinu' sworn, and on execution of the bond I*aid comnnssioner's fee . Affidavit for Inland lievenue Office and attciuhuict' on administrator l)eimi- sworn ..... Commissioner's fee . If more than 1 administrator, attending- each to Ije swon and paid oatli ....... Preparinu' bund ....... Attending- on execution of bond, where more than administrator, each ...... Paid stamp Paid commissioner's fee . Stamp on receipt ....... Search fee ...•••• • Reii'istry fee on coUatiiiu . ..... (If above 10 foHos of !•(» words each, per foUo oil.) Stamp-duty and Court stamps Extracting Clerks If administrati(m with will annexed : — Attendint;- the Ik\uistrar thereon and bespeaking th engrossment, . . . . . • . - lo 4 Paid office fees E, OX .<^. (1. (5 8 (". 8 ") — 1 (; 1 - 1 - i; 1 i;J 3. IN in:SPKCT OF DOUBLE OR CESSATE I'ROBAT AVHICH NO STAMP DUTY IS PAYABLE."" £ ISOC). Jan. 7. Attendance at the registry and looking up the will and bespeaking the engrossment Paid for copy and collating (the amount charged accord- ing to length). Paid search .....-• Perusing the will (at 4'/. pei- folio) .... Oath of the executor and attending on his being sworn Paid oath ........ Affidavit for Inland Jtcvenue Office . Oath and exhibit ....... Statement in support of application for duty-paid stamp Attending the Commissioners of Stamps Engrossing and collating the will (;5 folios of ".»(» words or under, including parchment) .... (If more than ;! folios, per folio \s. [\(l.) Attending at the registry, bespeaking engrossment . Paid stamps . I'robate under seal ....... Extracting ........ Clerks - 1 10 - 1 G 10 - ■1 C 10 - l;5 4 4 6 C 8 12 G G 8 9 _ See Table of Solicitors' Fees in Non-Contentious Business, p. 5-35. Probate — Xon -Con ten fit vs.j ~) .'> 1 4. IX RESPECT OF LETTERS OF ADMINISTRATION WITH OR WITHOUT AYILL ANNEXED DK BONIS XOX OR CESSATE UroX AVHICH XO STAMP DUTY IS PAYABLE. Re A. B., Deceased. 180(5. Jan. 11. Attending in the registry looking- up will Paid stamp and searcli . Perusing will (at 4t/. per folio) Paid for copy and collating Oath of administrator and attendin; Paid commissioner's fee . Affidavit for Inland Revenue . Oath Preparing bond ... Stamp duty . Attending each surety on execution Commissioner's fee. Instructions for memorial for duty-paid stamp Attending thereon . Attending registry for grant . Stamp on receipt . Administration fee . Extracting .... Clerks ..... f>. (L (; 8 1 - 1 G 1 G - G G 8 1 (; G 8 ?, 4 G 8 1 - 2 G (; 8 5. RESIDUARY ACCOUXT. In Ee The Estate of A. B., Deceased. 189C. Jan. Instructions for residuary account of this estate ......... Perusing bills and accounts of the executor (folios Gi>) Drawing the account (folios 20, at Is. per folio) Fair copy same ........ The like for filing ........ Instructions for affidavit of the executor verifying same . Drawing same (folios 10) Engrossing ...... Attending hiui to be sworn Paid oath and exhibit .... Copy for Somerset House Feb. Attending at Somerset House to pass account (engaged more than an hour and adjourned) (Charge subsequent attendances at the same rate.) Letters, &c. ......... March. (If iurther duty payable.) A\'riting client explain- ing and for amount of further duty .... Writing him acknowledging receipt of cheque Attending at Somerset House paying the amount and obtaining receipt ....... £ s. (L G 8 1 - G G G 1(1 h G - 13 4 ?> 6 Prolate — Xun-Conientiovs.'] 552 (If duty over-puidO Instructions for attidavit of executor in support of claim or return of duty over-paid . l)ra^Yin,^• same (at \s. per folio) .... Engrossin? 1,000 2 _ - 1,000 10,000 o — - 10,000 25,000 4 - - 25,000 50,000 4 10 - 50,000 75,000 .) — - 75,000 100,000 5 10 - 100,000 150,000 G - - 150,000 250,000 <; 10 - 250,000 500,000 < — - 500,000 1,000,000 7 10 - 1,000,000 8 - The rate of the settlement estate duty where the property is settled shall be 1 per cent. — Provided that for any fractional part of £10 over £10, or any multiple thereof, the estate duty and the settlement estate duty shall be payable at the rate per cent, for the full sum of £lo. The above scale applies to real and personal property of a person dying after August 1st, 18!J4. XL PEOBATE, DIVORCE, AND ADMI- RALTY DIVISION. DIVORCE. EULES AND EEGULATIONS IN DIVORCE AND MATRIMONIAL CAUSES. (AS TO COSTS.) 1865—1876.* EULES OF DECEMBER 2(;th, 18(;5. Suits ix Forma Pauperis. Rule 27. Where a husband admitted to sue as a pauper ueg-lects to proceed in a cause, he may be called upon by summons to show cause why he should not pay costs, though he has not been dis- paupered, and why all further proceedings should not be stayed until such costs be paid. Maixtexaxce and Settlements. lOo. The costs of a wife of and arising from the said petition or answer shall not be allowed on taxation of costs against the husband before the final decree in the principal cause, without direction of the Judge Ordinary. Taxing Bills of Costs. 151. All bills of costs are referred to the Registrars of the principal registry of the Court of Probate for taxation, and may be taxed by them,Vithout any special order for that purpose. Such bills are to be filed in the registry. See aho Rule 177. 152. Notice of the time appointed for taxation will be forwarded to the party filing the bill, at the address furnished by such party. 15o. The party who has obtained an appointment to tax a bill of costs shall give the other party or parties to be heard on the taxation thereof at least one clear day's notice of such appointment, and shall at or before the same time deliver to him or them a copy of the bill to be taxed. 15-f. When an appointment has been made by a Registrar ot the Court of Probate for taxing any bill of costs, and any parties to be heard on the taxation do not attend at the time appointed, the Registrar may nevertheless proceed to tax the bill after the expiration of a quarter of an hour, upon being satisfied by afiidavit that the parties not in attendance had due notice of the time appointed. 155. The bill of costs of any pi'octor, solicitor, or attorney will be taxed on his application as against his client, after sutticient notice From the Reprint of 1885. Divorce.'] 554 (;. The fees payable on the taxation of any bill of costs shall be paid by the party on whose application the bill is taxed, and shall be allowed as part' of such bill ; but if more than one-sixih of the amount of any bill of costs taxed as between practitioner and client is disalloweiron the taxation thereof, no costs incurred in such taxation shall be allowed as part of such 1)111. See also liule L^(t(). l.")7. If an order tor payment of costs is required the same may be obtained by summons, on the amount of such costs being- certified by the Ke< and 171). . RULES OF THE SUPREME COURT. ADDITIONAL RULES AND REGULATIONS IN DIVORCE AND MATRIMONIAL CAUSES. THE FOLT.OWINC; RULES SHALL C():\IE INTO OPERA- TION OX THE 1ST DAY OF JANUARY, issc, AND SHALL APPLY, SO FAR AS MAY BE PRACTICABLE, TO ALL PROCEEDTNCS ON OR AFTER THAT DAY. 21(;. In divorce and matriuionial causes solicitors shall be entitled to charge, and l)e allowed the fees set forth in the column headed "Lower Scale " in Appendix N. annexed to the Rules of the Supreme Court, is,s;^j, so iar as the same are applicable to such causes. 217. The fees set forth in the column headed " Higher Scale" in the said Appendix N., so far as the same are applicable, may be allowed either generally in any divorce or matrimonial cause, or as to the costs of any particular application made or business done therein if on special grounds arising out of the nature or importance or the difficulty or urgency of the case, the Court, or a Judge, shall at the trial or hearing or Wther consideration of such a cause, or at the hearintr of any application therein, whether the cause shall or shall not be broui^ht to trial or hearing or to further consideration Divorce,'] bhl (as the case may be), so order, or if tlie taxing Registrar, under directions given to him for that purpose by the Court, or a Judge, shall think that such allowance ou^ht to be so made upon such special grounds as aforesaid. 218. Upon any reference to the taxing Registrar to tax a bill of costs of a solicitor for the i)urpose of ascertaining tlie amount due to such solicitor in respect thereof, if such bill shall include charges for business done in any divorce or matrimonial cause, the taxing Registrar may allow the fees set forth in the column " Higher Scale " in the said Appendix N., so far as the same are applicable in respect of such cause, or in respect of any particular application made or business done therein, if, on such special grounds as in the last preceding rule mentioned, he shall think that such allowance ought to be so made. (Signed) Halsbury, C. Coleridge, C.J. ESHER, M.R. James Hanxex, Prest. P.D.A. XATH. LlXDLEY, L.J. Edw. Fry, L.J. C. E. Pollock, B. H. Maxisty, J. December l.sth, 188.'). FEES TO BE TAKEN FOR THEIR OWN USE BY SOLI- CITORS OF THE SUPREME COURT OF JUDICATURE IN RESPECT TO " DIVORCE AND MATRDIONIAL CAUSES ON AND AFTER THE 1st DAY OF JANUARY, ISSO. Citations, SuBra^NAs, Writs, Summonses, Notices, and Service OF Same. Old Scale. Higher Scale. Lower Scale. £ s. d. £ s. d. £ s. d. Citation, including praecipe . . - 7 (> Citation to see proceedings, in- cluding prajcipe . . . - 7 (^ Certificate of service . . . - 2 i\ Subpoena ad testificandum and praecipe ..... Subpoena duces tecum, if 4 folios of 12 words or under, and prte- cipe If the subpoena exceeds 4 folios in length, for each additional folio of 72 words .... - 1 4 - 1 4 AVrit of attachment, including pni3cipe Writ of sequestration, including pra3cipe ..... Summons, including copy for the Court . . . . . Summons, each copy of, for service Or per folio - C 8 - G 8 - C, ,S - C, 8 - 10 - — 7 — - 10 - — 7 — - 8 ^ — ;') — _ •> 4 - 1 - - - 4 1 5 - - •» 1 1 1 - 1 {', - 1 - 1 - - 1 1 Divorte.'] 558 Old Scale. Higher Scale. Lower Scale. £ .s'. '/. £ .s. (/. £ s. (I. For prepariiif^ notice to produce on the trial, or notice to admit - 7 ('> - '> - If necessarily lonir, not ex- ceedinir per folio For prepariny: notice of motiuii . Or per folio .... For preparini^ any other notice . If necessarily e.xceedini;- ;) folios, for each folio be- yond ;l . For each copy for service Or ])er folio .... - - 4 - - 4 Pei"sonal service of citatiuii, iicti- tion, or subpoena, or other document, if within 2 miles of the place of business of the practitioner, or of the person employed to effect the service .-."»- - ."j - - ."» - If beyond that distance, for each mile beyond such 2 miles . . . .-1--1--1- "Where, in consequence of the dis- tance of the party to be served, it is proper to effect such service through an aiu'ent (other than the London agent), for corre- spondence in addition . . - 7 - - 7 - In cases in which the person to be served shall avoid service, or shall reside beyond the jurisdic- tion, a sum to be allowed for service according to the circum- stances. Service, where an appearance has been entered, on the solicitor or party - 2 - 2 (> Instructions. Instructions for citations, peti- tions, answers, or other plead- ings, or amendment of plead- ings, for interrogatories, special affidavits, oi" applications for an order for protection of a wife's earnings and property , .08- Ditto to defend suit Ditto for brief, on hearing . 2 If there are several wit- nesses e.xamined, and the brief or case is necessarily long, an additional fee will be allowed. l;5 4 - C 8 l;^, 4 - (') 8 2 - 1 1 - Divorce.'] 559 Ditto for counsel to make any application to the Court where no other brief . Old Scale. £ s. iL Higher Scale. £ s. (L 10 Lower Scale. £ S. d. -08 Pleadings and Perusal. Drawing and engrossing all peti- tions and answers, if 10 folios of 72 words or under, including a copy to file . If exceeding 10 folios, for every additional folio, in- cluding a copy to file Drawing and engrossing replica- tions and other subsequent pleadings Or per folio .... For case for motion, including fair copy for the Court . If necessarily more than 7 folios, for every additional folio, including copy for the Court Drawing and engrossing demurrer, inclusive of the statement of any matter of law to be argued, for 10 fohos of 72 words or under If exceeding 10 folios of 72 words, for every additional folio of 72 words Drawing bill of costs, per folio of 72 words, including copy for taxation ..... Drawing any instrument to be filed in or issued by the registry for which no other fee is herein allowed, inclusive of fair copy to be filed or issued per folio of 72 words For perusing and abstracting pleadings, affidavits, exhibits and other documents Or per folio . - 1 y - 10 - 1 1 - 10 - 1 4 10 - - 1 - - 8 - 1 4 - 13 - () Copies. Copies of petitions, answers, and other pleadings, also of exhibits, bills of costs, or other docu- ments, where no other provi- sion is made, at per folio of 72 words - 4 - - 4 Dirorre.'] ACit Old Scale. Higher Scale. Lower Scale. £ s. (I. f s. ,1. £ .S-. il. If any exhibit or other document to be copied, or any part thereof contain.s pencil marks or writ- ing, or the copy thereof, or any part thereof, is required to be made fac-simile, in addition to any other fee for the copy : — For every folio of pencil marks or writing, or copy fac-simile, or part of a folio - - 4 Attendances. On entering appearaiicL' . .-(IS Tosearchforap])earancc to citation - (I y On counsel with brief, when the fee to counsel is 1 guinea . . - G 8 - 3 4 When the fee to counsel ex- ceeds 1 guinea and is under "> guineas "When the fee is .') guiueas or more, but under 2(i guineas When the fee is 2(» guineas . When the fee is 40 guineas or more ..... On consultation or conference In pursuance of notice to admit . Or per hour .... On trial or hearing when cause is in paper and not tried or heard, or on motion in court On trial or hearing Or, according to circum- stances, not to exceed On taxation of bill of costs. Or, according to circum- stances, not to exceed Unless very long, when an additional fee will be allowed. On examination of witnesses before any examiner, commissionei', officer, or other person . . - 1;» 4 - 13 4 Or, according to circum- stances, not to exceed . '1 '2 - 2 '2, - Or, if without counsel, not to exceed .... ?> ?> - ?> '6 - For all necessaiy attendances in chambers, in the registry, before a commissioner, or counsel, or upon the adverse parties or solicitor, for which no other fee is herein allowed . . . - (; f> — (! 8 9. 9 9 _ Divorce.'] 561 Old Scale. Higher Scale. Lower Scale. £ s. d, <£ s. d. £ s. d. Beiefs, Cases for Hearing, Term Fees, &c. For drawing brief or case for hearing, per folio of 72 words ..... - 1 - - I - For each copy, per folio of 72 words - - 4 - - 4 For any special letter during the dependence of the cause . . - ;5 For every term commencing on the day the sittings commence and terminating on the day preced- ing the next sittings in which any business is done . . - 15 - - l-j - And further in country agency causes or matters, for letters . - G - - G - "Where no proceeding in the cause is taken which carries a term fee, a charge for letters may be allowed if the circumstances require it. In addition to the above an allow- ance is to be made for the necessary expense of postage, carriage, and transmission of documents. fl 1 - For maps or plans, each from .-| to Copies of same, if required, J ^^ each from . . . • 1 j^ _ _ Affidavits. Drawing and engrossing affidavit of service or search : — If 3 folios of 7 2 words or under - 5 - If above, for every additional folio, including a copy for the Court . • .-14 For drawing and engrossing any other affidavit, including copy for the Court or registry, per folio . . • • For preparing each exhibit in town or country .... Interrogatories. For drawing the same, at per folio of 72 words .... Copy thereof to be delivered to the examiner and filed, at per folio of 72 words . . . • J.C. - 1 4 - 1 4 - 1 - - 1 - 1 - - 1 - - 1 - _ - 4 - - 4 - - 4 Dirorce.'] 5C2 If it becomes necessary for solicitors to transact any business for whicli ni» fee is lierein specified, siicli fee shall be taken by them as would be allowed for similar business done in the other divisions of the lli<;h Court of .lustice. FEES TO BE TAKEN FOR THE USE OF OTHER PERSONS BY SOLICITORS OF THF SUPREME COUirr OF JUDICATURE IX RESPECT TO DIA^ORCE AND MATRIMOXIAL CAUSES OX AXD AFTER THE 1st DAY OF JAXUARY, ISHH. COUXSKI.S' Cl.HRKS' FkHS. Not to exceed as under : — Upon a fee to counsel under .") ouineas ") ;juineas and under ](» iiuineas 10 guineas and under 2o i^-uineas 20 guineas and under ;;o guineas 80 ^'uineas and under 50 uuineas oO li-uineas and upwards — at per cent, on tl paid On Consultations : — Senior's clerk .... Junior's clerk .... ( )n ueneral retainer (where allowed) On common retainer (Jn conference .... 2 ('. e fee - 10 - 1.') 1 - 2 10 - / _ ■> - 10 (■> - 2 (•) Allouaxce to Witnksshs, ixcludixg their Board and L()D(4ING. £ .s. d. Common witnesses, such as labourers, journeymen, &c., &C. :— If resident within o miles of the General Post Office, per diem . . . . . • • ' " '1 ~ If resident beyond that distance, per diem, from to I- Master tradesmen, yeomen, farmers, &c. : — If resident within "> miles of the Oeneral PostJ ^^ Office, per diem, from I _ ] _ f- 10 - If resident beyond that distance, per diem, from to 1.") - Auctioneers and accountants : — resident within ') i Office, per diem, from If resident within -) miles of the (leneral PostJ ^.^ • • • ^[^ 1 - f - 10 (> If resident beyond that distance, per diem, from .-{ to 11- Dirorce.'] 50;! £ s. d. Professional men: — If resident within 5 miles of the General Post Office, per diem . . . . . . . .11- (■> ■> - If resident beyond that distance, per diem, from .- to I '> -^ - Clerks to attorneys, or others : — If resident within 5 miles of the General Post Office, per diem . . . . • • • . - 10 (5 r- 15 - If resident beyond that distance, per diem, from .- to U 1 - Engineers and surveyors : — If resident within 5 miles of the General Post Office, per diem 1 1 - If resident beyond that distance, per diem, from .- to I •'> -' - Notaries, per diem 11- Esquires, bankers, merchants, and gentlemen, per diem .11- Females, according to station in life : — If resident within 5 miles of the General Post Office, J ^^ per diem, from I _ 10 - r- 5 - If resident beyond that distance, per diem, from .-J to Police inspector : — If resident within 5 miles of the General Post Office, per diem . . . • • • • . - 5 - r- 7 G If resident beyond that distance, per diem, from .-[ to L- 10 - Police constable : — If resident within o miles of the General Post Office, per diem - 8 - If resident beyond that distance, per diem, from .- to 1^- 7 The travelliug expenses of witnesses will be allowed accord- ing to the sums reasonably and actually paid ; but in no case will there be an allowance for such expenses of more than Is. per mile one way. Commissioners for taking oaths : — For administering oaths to each deponent 1 (5 For marking each exhibit annexed to an affidavit . - 1 2 Divorce.'] 5G-1: Cause Xo. L\ TUi: llKill COUliT OF .ll'STIC'E. Probate, Divorce, and Admiualtv Division". I Di\'(ii;('H.) I. I'KTITioXKR'S (WIFE) COSTS YV TO T JUDICIAL SKI'AIJATIOX. ]si» . May 1. Instructions for iietition for judicial separation .... Drawiuu' and cnua-ossini:- petition, includinii: copy to lile (folios 12) . . . Fee to i\Ir. to settle i)etitiou . Attending- him ..... Instructions for affidavit in support of jjctition Drawinu" and ent^rossinu- same 8. Attending petitioner on her signin^i petition ...... Paid oath _ 1 Instructions for citation Drawing- same, parchment and pra'ci]>e . Attending filing petition and affidavit . Paid filing ...... Attending getting citation sealed . Paid sealing Paid for office coi)y i)etition under seal, collating and certifying . . . . - 14 Attending for same .... Co])y citation for service II. VVriting i\Ir. of ^ ■ , France, with office copy petition and copy citation and with full instructions for service . Paid postage and registering letter to him 15. Instructions for petition for alimony pendente lile Drawing same Fair copy Attending filing petition for alimony Paid filing ...... Paid agent's charges for service of petition and citation ...... Copy petition for alimony for service Service of petition for alimony on respondent at Forest Hill, and mileage 25. AVriting Messrs. in reply to theirs that we could not consent to their having any further time to file answer unless respondent paid £10 on account of alimony, and then we would consent to their having 11 days ....... Attending respondent's summons for further time to file answer to petition for alimony when order made for 14 davs UlAE FOIL s. (I. - c s 1 -2 S - c. s - C. H -08 - (; 8 -08 -70 - () 8 -08 8 1 8 -08 1 - - - 2 - -OS 10 - -08 Dii'orre.'] 5G5 Penisiny- respondent's answer to petition for alimony ....... June 14. Attendinfi' Rei>istrar obtaininii- appointment to fix alimony Paid Ee,<>istrar's fee for fixini;- alimony . Copy and service of ap])ointment on re- s})ondent ....... Attendinii; respondent's solicitors on their obtaininii- J 4 days further time to file answer to petition. ...... Sittings' fee (agency) ..... TRINITY SITTINGS. 18. Attending filing citation against respon- dent ....... Paid filing ....... 20. Attending appointment before Registrar to fix alimony when appointment adjourned till next jMonday as no one attended for respondent ...... 24. Attending appointment to fix alimony ]widenfe lite when order made fixing the alimony at £ a year .... 29. Attending to draw up order for alimony pendente lite ...... Paid for order ...... July 4. Copy and service of order on respondent Perusing answer to petition .... *J. Summons to strike out answer on ground that same was embarrassing, and also re- spondent's appearance on the ground that he had not given an address for service within the radius ..... Attending to issue ..... Paid issuing ....... Copy and service of summons 15. Attending summons when order made striking out answer, and respondent ordered to give an address for service within the radius at once ..... Attending in registry drawing up order Copy and service of order Perusing amended answer of the respondent Attendi)ig searching at divorce registry if the respondent had filed his amended answer and found he had .... 29. Drawing summons to strike out answer and copy to file .... Attending issuing .... Paid issuing ...... Copy and service of summons August 5. Attending summons to strike out respondent's answer to petition on the ground that same was embarrassing, when £ s. d. -10 - 2 () 8 - - 8 £ s. d. - C, 8 - C 8 - 4 - (1 8 1 - G 8 C> 8 3 4 8 ') G G 8 o — (5 8 G 8 G 8 ;5 G G 8 G 8 5 — G 8 3 G Dirorce.'] 56G as the respoudeut did not attend, the Rejris- trar on our application adjourned the summons until Wednesday next, to .yive the ^ respondent another opportunity to attend . Notice to respondent that summons had been adjourned till Wednesday next . Attendinu' adjourned summons when, as the respondent aUhou-ih in the registry refused to attend the sunnnons, the Registrar made an order striking- out all hut the tirst ."> lines of the answer, on our filing- affidavit of sei-vice and no attendance . Drawini;- and enmrossinu- affidavit of ser\ice and no attendance .... Attendinii' to be sworn .... Paid oath and exhibit .... Markinii' exhibit ..... Attendinti- lilinu- affidavit of service Paid filing' affidavit .... Attendiiiu' drawinu' up order . Copy and service of order 1;!. Attendinu' in registry amending- respon dent's answer pursuant to order Paid fee on amending- .... 1'). Attendini;- at India Office bespeaking- copy of certificate of marriaiie Paid for search and for certificate . Attending- bespeakinji- Re.uistrar's certificate that pleadinus in order 22. Attendinu- for certificate and setting- down cause ...... Paid setting down .... Notice thereof, copy and service Copy notice to file Paid filing- ...... Drawing bill of costs and copies (folios 28) Attending filing ..... Paid filing ...... Notice of taxing copy and service . Attending taxing ..... Attending agreeing costs Attending fixing amount of security for further costs ...... Attending for order .... Paid for same ..... Copy and service of order ►Sittings' fee (agency) .... £ .s. Instructions to him to advise on evidence . - 13 4 Paid his fee and clerk 2 4 G Attending him _ . - (5 8 Nov. 18. Drawing praecipe and attending getting 2 subpoenas ad test, sealed ... - lo 4 Paid - 10 Paid parchment Copy and service of subpoena on and mileage (('> miles) The like on - <• The like (4 more witnesses) .... Instructions for brief, including several journeys to , taking proofs of evidence of petitioner and witnesses .... Drawing same (together 100 folios) . . o 1 12 - 4 - 8 8- 1 18 4 15 - Brief copy for counsel The like petition for judicial separation and respondent's answer and amended answer thereto (together folios 45) ... The like certificate of Dr. ■ and Dr. and affidavit verifying their certificate (together folios 10) ... - 8 4 Fee to Mr. ^ ■ with brief . . . 5 10 - Attending him - G 8 Attending appointing conference with counsel - 3 4 Attending conference, when he considered the evidence of very material and that we must take it before a special examiner if she could not attend Court ... - 13 4 Conference fee to him and clerk . . . 1 G - Attending at ■ on Dr. , the medical man of the witness, when he informed us that it was out of all question to suppose the witness would be able to attend the trial, and he gave us a certificate to that effect to enable us to get an order to take the wit- ness's evidence before a special examiner 25. Drawing and engrossing summons for examination of — ^^ before special examiner and for further security for costs . Attending issuing Paid stamps thereon . . . 1 1 - - G 8 - 8 Dii'orre.'] 5G8 Copy and service of sninmons on respondent at Instructions for atlidavit in siqiport of suuunons Dra\vin- searching- cause list when we found this case would be in to-morrow's ])aper Attendiuii' resjiondent's summons to rescind or vary the order for examination of witness when same dismissed Instructions to Mr. to •A\)\ii\- that case be not taken before Fee to him and clerk .... Attendinji- him £ s. (1. £ .«;. cl ('. 8 '1 2 C •1 A C. 1 C 1 8 <; 8 1 - •> 8 i; 8 i; 8 (') 8 •^> c; (; 8 -18 4 - (; 8 — i") — 1 h 4 4 8 8 1 h 4 8 -08 - C. - ;] 4 * Served with copy order for examination. Dlvorcp.'] 569 £ s. d. £ s. d. Instructions for affidavit in support of applica tion to jjostpone trial. Drawing- same .... En*iTossiu,u- ..... Attendinu" to be sworn . Paid oath - 1 Brief copy affidavit for counsel (folios 8) Fair copy for respondent Notice of application to him, copy and service Attending Court when application made, and Judge ordered that case be not in the paper before ....... Paid tiling affidavit - 2 (I 0. Attending examination at ■ •. when examination taken ..... 10. Attending at Divorce registry searching if examination had been filed by examiner, and found it had, paying fees thereon, and bespeaking copy thereof .... Paid tiling fees - 5 (> Fee to Mr. , as examiner . . 'S \o ij Attending paying 10. Attending at divorce Registry obtaining office copy examination of witness Paid for same . . • . • . - 1) - Brief copy for counsel Attending searching if this case would be in the paper for trial to-morrow and found it would ....... Notice to respondent and 7 witnesses to attend trial ......•• 11. Attending Court all day, case partly tried and adjourned till to-morrow Clerk's attendance on the witnesses Attending marking refresher on Mr, "s brief ......•• Eefresher fee to him and clerk . . .3 o (5 12. Attending Court, case proceeded with and judgment given for the petitioner for judicial separation" with custody of children wnth costs Clerk's attendance. Attending settling with witnesses . Attending bespeaking office copy decree under hand of Judge .... Paid for same .... Copy thereof. .... Service on respondent . Drawing bill of costs and copies (folios ) Attendinu' filing .... Paid filing . ' . . • _ • • .-20 Notice of taxing copy and service at Attendinu' taxing c. 8 H - •> 8 8 2 8 2 8 -t - - l:J 4 (5 8 c> 8 (5 8 4 8 G 8 14 - 2 _ 10 G G 8 2 2- - 10 (; - G 8 - G 8 _ 2 — - 2 G - G 8 ,") — - 13 4 Divorce.'] i)7() Attending agreeing- costs .... Attending registry with authority for payment of sum out of Court and getting same signed ....... Attending at ]*aymaster's office and lodging same ...... Attending fur cheque .... Attending for order for payment of balance of taxed costs ..... Paid for same ..... Copy and service of order Term fee ..... . Letters, messengers, &c. Paid witnesses ..... £ s. (/. £ .s, (I. - C 8 - C> fi - C 8 <• - C 8 I _ <; 8 - 5 - i; 1 1 1 1 - 3. COSTS OF PETITION EU (WIFE) OF PETITION FOR A DIVORCE OX THE (IPOUXI) OF CRUELTY AND ADULTERY, DOWN TO DECREE NISI. MICHAELMAS SITTIXGS, 18 . Nov. 1(1. Instructions for petition .... Attending retaining i\Ir. B. . Paid his fee and clerk ...... Drawinji petition, and copy to lile . Fee to Mr. B. and clerk to settle .... Attending him ....... Instructions for affidavit in supi)ort Drawing and copy affidavit in support 21. Attending petitioner reading over petition and affidavit, and attending commi.«;sioner appointing for him to administer oath, and subsecjuently when he administered oath ...... Paid oath and exhibit ...... Attending tiling petition ..... Paid '. Paid filing affidavit ...... Dec. 4. Instructions for citation against the respondent Drawing and engrossing same, and praecipe Paid stamp thereon ...... Paid ])archment ....... Attending at the registry procuring same to be signed and sealed ........ Attending at the registry for and obtaining office copy petition certified and sealed ..... Paid for copy ....... Paid sealing Paid certifying Copy citation, for service on respondent at B. . "Writing correspondent at B. (Mr. G.) with citation and petition for service, and with full instructions 7. Letter to Mr. G. acknowledging receipt of citation, with certificate of service indorsed, and inclosing his charges Paid agent's chargeB for service £ s. d. C. 8 <; 8 ;5 (; - (') c. 8 •2 C i; 8 ;") — •2. (I i; 8 7 i; f) - 1 (; C. 8 (; 8 - •> C 1 8 Lirorrf'.] 571 Certificate of service 10. Instructions for petition for alimony jWiK/cnfe lite Drawing- same, and copy for counsel (folios 12) 11. Fee to Mr. B. and clerk to settle draft petition . Attending him Attendinu' filinu' petition Paid . Copy petition for service Service thereof on respondent's solicitors . Attending fihng citation Paid ; . 18. Attending giving consent to order for extension of time to answer petition for ahmony Attending giving consent for further time to answer petition for dissolution Term fee £ .S-. d. ('» s - H ;. ■1- (') H 5 - 4 - 2 (i (■) S •) i; {■> 8 (; 8 HILARY SITTINGS. 18 . Jan. 17. Attending summons for further time to answer petition ; order 'made for 7 days ; answer to petition for alimony to be filed at the same time, and £20 to be paid on account of alimony to petitioner's soKcitor on or before 24th inst. _ • 11). Perusing copy respondent's answer to petition for dissolution received fi'om his solicitors by post this morning . . . • • • • • • 2(!. Notice of motion for directions as to mode of trial, copy and service on respondent's solicitors . 27. Drawing case for motion, and copy for the Judge Copy notice of motion, to accompany .... Attending in the registry filing same .... Paid stamps Copy case on motion, for counsel Copy notice of motion, to annex Feb. 1. Attending Mr. B. with brief .... Paid his fee and clerk . . . . . • • Attending summons for further time to answer petition for alimony ; order made, to be filed to-day . On receipt of affidavit in answer to petition for alimony, perusing same and schedule thereto (folios 14) . Attending Court on motion ; directions given for cause to be heard before the Court itself . 2. Attendinu' drawing up order Paid . ' . ." . Attending setting cause down . Paid fees Notice of setting down to respondent's solicitors, copy and service Copy notice, to file 4. Drawing retainer and attending Mr. J., Q.C., and retaining him ..... Paid his fee and clerk .... 8. Instructions for affidavit in reply (; 8 - 4 - ,s - - 1 - - (■) 8 - 11 - — •] 4 - 1 - - C. 8 1 o (■> - i; 8 - 4 8 - i;5 4 - ('. S _ 2 ('• - (■) 8 ;] T) - - 4 - - 1 - - (■) 8 1 ;'> ('> - li 8 to Dii'orre.'] ■ :t~-2 Drawintr same and copy for counsel Fee to ]\rr. B. to settle same and clerk AtteiidiniT him ....... Preparing- .summons for leave to file reply to answer petition for alimony, notwithstandini; time expired Attendinii' to issue same ....... Paid fee tliereon ........ Copy and service on respondent's solicitors 1), Attending' obtaininu" appointment to proceed on refer- ence as to alimony in anticipation of reply to save time Notice tiiereof to respondent's solicitors . . . . 14. Atteudinj>: summons for leave to file reply to answer to petition fur alimony, order made Attendin _ - ;'. () 1 (; :', () Divorce.'] 573 £ s. (1. Drawing- notice to produce (folios 10) and copy to serve . - lo - Service . . . . . . . . . . - 2 ('> Instructions lor brief, including case for advice on evidence and numerous attendances, special instructions from time to time, and letters and telegrams to and from Mr. K. ; perusing his several reports ; conferences with and attendances on the petitioner relating thereto, and perusing and considering voluminous correspon- dence between her and the respondent ; conferences with counsel not otherwise charged ; also Avith photo- graphers, and several and repeated attendances on witnesses and other persons subpoenaed and attending from Ireland and other places . . . . . 10 10 - Drawing brief, less letters, &c., copied therewith (viz., bh2 folios less 19— r);>;>) . . . . . . . 2i Two copies for counsel . . . . . . . 1 ' The like of letters included in brief (folios 1!) each) . Two copies notice to produce . . . . . . ■ The like of notice of trial . . . . . . - 24. Attending to watch cause list 2(;. Attending I\Ir. J., Q.C., with brief . . . . • Paid his fee and clerk ...... Attending him to obtain appointment for consultation . - Paid him consultation fee and clerk . . . . '2 Attending jMr. B. with brief ....... Fee to him and clerk . . . . . . .21 Attendance to appoint consultation . . . . - Paid him consultation fee and clerk .... 1 27, Sixteen notices to witnesses to attend on their sub- poenas . 1 (■) - Service of subpoena on Miss iM. . . . . . - 5 - 28. Attending to ascertain if cause in the paper for to-morrow ; it was struck out at the last moment . .-(IS Attending dispatching telegram to Mr. K. not to bring up witnesses until to-morrow niuht - ?> 4 Paid . . - . .' - 1 - Attending dispatching telegram to Mrs. H. not to attend with her daughters to-morrow . . . . .-34 Paid - 1 - 21). Attending consultation, arranged not to call Dr. C or Mr. B., but as L. and T. could not be found, Dr. H. of Bath must be called . . . . . • . - l-> 4 Attending searching list, cause inserted for to-morrow . - (! 8 Attending dispatching telegram to ]\Ir. K. to bring up all the witnesses, including Dr. H., but not Mr. B., to-dav -34 Paid ' - 1 - Attending dispatching telegram to Mrs. H. to attend the Court to-morrow with Misses C. and L. H. and A. W - 3 4 Paid . - 1 - Attendances searching for, bespeaking, and to procure certificate of marriage . . . . • .-(IS Paid fees . . . • - • • • . - o 1 ];} — 15 8 \2 8 i; 8 2 w l;5 4 8 1' i;; 4 1.-) - 3 4 ?> (; Divorce.'] o74 Notices to ^Irs. M. and ^Mis.s ]\r. to attend on tlieir snb- poenas ......... 30. Attendinji; (Viurt on hearinp^ of cause ; decree nisi, with costs, and order for custody of children (If all day, £;'. ;{,'>.) Payments to witnesses (as per scale, p. :a')2). Attending- bespeakin<;' copy decree nisi The like copy order for custody sij^nied by the Judge Paid fee thereon ....... July \>>. Instructions for attidavJL in sujipoixof motion for maintenance of children ..... Drawinu- same and copy for counsel (folios IC) Fee to ^[r. P. to settle same and clerk Attending- him ....... 10. Attendini;- ^Frs. 11. on her deposing' thereto l^aid oath Drawing notice of motion, copy and service on res])ondent'i solicitors ........ Copy notice, to tile ....... Paid filing Copy affidavit ibr them ...... 20. Drawing case for motion, and co\\y to file . Attending filing same, and affidavit in support, and notice Paid setting down motion Paid filing affidavit and notice 22. Copy case for counsel Drawing observations and copy (1 brief sheet) Copy notice of motion to annex to l)rief . Attending Mr. P. with brief . Fee to him therewith, and clerk 2f;. Perusing copy affidavit of respondent in opposition to motion (folios Id) Copy for counsel .... Attending Court on motion ; order made for allowance at the rate of iLh() per annum for each child, payable monthly ....... Attending in the registry drawing np the order Paid for office co\)y Drawing affidavit of increase (folios 24) Engrossing ..... Attending being sworn . ]*aid oath Fair copy for respondent's solicitors Drawing bill of costs and copy, and copy to file (folios 75) Service thereof and of copy affidavit Attending filing bill and affidavit .... l^aid fees ........ On recei])t of appointment to tax, co]>y and service . Attending taxing ....... Attending making bills agree and taking co})y certificate Taxing fee ....... . Term fee lietters, postages, telegrams, messages, and attendances not before charRed - (i .s - (; 8 - 5 - - (■) s 1 1 1 *» 4 1 •> (i 4 - <; 8 - 1 (; - 4 - 1 _ 2 <; (i - 5 4 - 10 - - (■) 8 - 10 - - ;") — - 10 - i;5 4 - i; 8 - 2 i; 1 4 - - 8 - -(18 - 1 C - s - 3 1.") - - 2 i; - (I 8 - .') — - 4 - '2 'I - - 13 4 -15 - 3 3- Diroire.'] 575 Supplemental Bill.* £ s. d. 18 . Feb. 20. Attending,- »]>pointinent before Re^'istrar to settle minutes of order ; adjourned for a week at the request of the respondent's solicitors . . ..-(') 8 March -2. Attendin^ti-rcsitondent's solicitors on their Ijriniiini;- copy opinion of Mr. F. taken by them, and conferring- as to course to be taken ; they intimated they should require the matter to go before the Judge, but it was agreed to attend the appointment before the Registrar on Monday next - (5 8 Perusing copy opinion . . • • • • . - 4 - 5. Attending adjourned appointment before the Registrar ; respondent's solicitors read the opinion of Mr. F., and at their request an adjournment to the Judge in Chambers was directed, to be attended by counsel : — Drawing brief to counsel to attend, and copy (1 brief sheet) ...-••••• Copy opinion of Mr. F., to accompany ... Fee to Mr. B. with brief and clerk . . . . 2 4 ('. Attending him .-08 Attending adjournment before the Judge in Chambers ; his Lordship, after hearing the argu- ments, intimated that his decision would, be given next week - (> b 12. The case having been set down with the motions for to-morrow, fee to Mr. B. to attend, and clerk . • ^ 'j *^ Attending him 13. Attending Court ; the Judge gave his decision in favour of the petitioner on all points, declaring it to be his intention that not only every interest which the respondent took in his wife's moneys under the settle- ment, but every power over it, was to be forfeited, as if lie were actually dead Drawing this bill and 2 copies (folios 7)t 10 4 4 i;} 4 4. FURTHER COSTS OF PETITIONER DOWN TO DECREE ABSOLUTE. TRINITY SITTINGS. 18 . July 2(;. Instructions for and drawing petition for perma- nent maintenance of the petitioner and her children (folios l(i), and copy for counsel 1 * See Ottmoay v. Hamilton, 3 C. P. D. 393. t In this case the Registrar, taxing in the usual course as between party and party, struck out (without taxing them) the whole of the charges for detectives employed in obtaining information relating to the acts of adultery, &c., alleged to have been committed by the respondent in divers places. These and other costs disallowed upon the taxation in the suit as between husband and wife were held by the Common Pleas Division, and afterwards by the Court of Appeal, to be recoverable by her solicitor against the husband, so far as they were properly and reasonably incurred, as necessaries supplied to the wife : see Ottmoay v. Hamilton, 3 C. P. D. 393. Divorce.'] :>'{', 28. Fee to ilr. B. to settle same, and clerk Attending filinu' ..... Paid . .' Attending Ijespeaking certified and sealed copy for service on respondent, and subsequent attendance for same Paid fees liCtter to corresiiondent at li. therewith, for service on respondent Instructions for i)etition to vary settlement Drawing same and copy for counsel Perusing cojty settlement of l:ltli June, is (folios ICl Copy for counsel ....... Paid trustees' solicitor for copy deed of appointment executed by petitioner and respondent under settle ment ......... Copy deed for counsel ...... Fee to ^\v. B. and clerk to jjcruse i)apers and settle draft petition ........ Attending him ....... l\aid for certified and sealed copy petition for service on respondent ........ The like for service on Colonel AV., one of the trustees Letter to Mr. AV., AA''rexhara, with same for service . Paid for certified and sealed copy petition for service on the other trustee August 2. Letter to Messrs. jM. and B., Sherborne, with same for service on Mr. K., at L. Rectory 4. Letter to ^Ir. (i., Bath, with post office order for charges for service of petition on respondent, and attending for order Paid Paid IMessrs. M. and B., Sherborne, with post office order for charges for service of petition on ]\Ir. H. 1). Paid ]\Iessrs. A. and B. with post office order for their charge for service of petition on Colonel AV. ](>. Attending summons for time to answer petition for permanent maintenance and petition to vary settlement ; ordei' made for a month ...... Sept. lo. Attending summons for further time to answer petitions ; order made for ;> weeks .... Oct. 2;"). Perusing copy answer to petition for permanent maintenance served by respondent's solicitors (folios 17) Perusing copy answer to petition for alteration of settle ment (folios KI) ?A). Instructions for reply to answer to petition for permanent maintenance ..... Drawing same and copy for counsel (folios 8) . Attending jMr. B. therewith to settle Paid his fee and clerk ...... Engrossing reply ....... Attending petitioner on her deposing thereto . Paid oath ........ Attending filinu- ....... Paid .' ; £ .V. (I I ;! c. - c s C. 8 - 3 C - i; s - c s 2 l;'. s 2 ];) ,s - 14 (; - 1 1 s 2 4 c - c 8 - 17 _ - 17 - — •) c. - ?> G - ;; (I - 10 ,s 1 - (; - ];! 8 - (i 8 - C. 8 - 5 8 - f) 4 - (; 8 1 - - - ;; 4 1 ;5 G -28 - G 8 - 1 G - G 8 - b - Divorce.'] 577 Copy for service on respondent's solicitors Service thereof 80. Instructions for reply to respondent's answer to petition for alteration of settlement . Drawinu' same and copy for counsel (folios 1) Attendinu' Mr. B. therewith to settle Paid his fee and clerk .... Nov. o. En,urossin/. - •) H - 2 ('> (". 8 1 •) 4 •> 4 on her - 1 s - s - 4 - - 2 4 - {-, s - 4 ■■ 4 ;') S 2 8 4 4 8 o 4 4 (; i; 8 .") 4 ^> 4 •J 4 •5 S -I;; 4 (•> 8 4 (•) * All the above documents were referred to in the respondent's answer. .I.e. 1' 1' . iJivorce.'] r.7S Attendintr adjourned appointment on petition to vary settlement, adjourned in like manner .... 18 . Jan. 1. Perusinj: cojiy atlidavit of respondent and valuer as to value of t'arniture, plate, pictures, itc, received from respondent's suliciiors (folios n) 2. On receiving:- letter from ^Messrs. ^I. and J), offerinji- to produce contract for sale of house in liath, for my inspection, attendini; them iuspectin-;- contract accordinirly and taking- particulars . . . . 3, Attendinir adjourned appointment proceedin.u- on petition for maintenance ....•••• The like petition to vary settlement .... «;. Attendini: at rejjistry on receipt of letter from Rejiistrar's clerk perusing- and settling draft report on petitions for maintenance and t(i vary settlement 10. Attendinir bespeaking' office copv report Paid . . . . . '• Paid fees on reference ....••• The like , • Notice of filinu' report, copy and service .... Term fee HILARY SITTINGS. 18 . 17, Notice of motion for decree absolute and to con- firm report on petition for maintenance and for order thereon, copy and service . . . • • 18. Attendin-i-'searchin.!,' for appearance in oppo.sition to decree absolute . . . • • • • Paid fee • . • Attendiii.L^ searching minutes for any affidavit in opposition . . . . • • .* . ' Drawing and engrossing affidavit of result (folios 5) Attending to depose thereto J\iid oath • Drawing case for motion and copy to tile ... Copy notice to file . . . . • Attending filing case, affidavit, and notice Paid fee on motion and for order Paid fee on entering order for maintenance Paid filing affidavit and notice I',). Copy case on motion for counsel . . . . The like of report (folios 10) . • • Copy notice of motion to annex to brief .... The like of affidavit of searches 'JO. Attending Mr. B. with l)rief Fee to him and clerk . . ■ • • • •2d. Attending Court on motion : the questions arising on the report were fully argued, and, the Court having expressed its intention of making an order to vary settle- ment by giving the respondent's life interest to the petitioner and the children living with her, no order for maintenance was made, and the decree nisi was made absolute ..... • • '-• £ s. (/. - G 8 -28 - (') 8 ■> _ (■) 8 8 (•) 8 S 10 - 4 - 15 - 1 8 c. 8 i; 8 1 S J 10 1) 1 - 8 10 - 5 - ;} - o 4 ;j 4 1 - 1 8 c. S 4 G 1.3 4 Dii'orce.'] 579 Attending at the ret^nstry on order Paid for office copy Copy notice of motion for order on petition for variation of settlement for service on respondent's solicitors Service thereof ...... Drawiuo- case for motion and copy . Copy notice to file therewith Attending filin<;- Paid .... Paid fee on motion Copy case for counsel Copy notice of motion to annex to brief . Fee to Mr. B. with brief and clerk .... Attendinu' him ....... Attending- Court on motion ; order made, minutes to b settled by counsel Drawing minutes of order accordingly and cojiy for counsel (folios ()) Fee to ]\Ir. B. to settle same, and clerk Attending him .... Copy minutes for respondent's solicitors, as required by them .......... Attending at the registry accordingly, but the respon- dent's solicitors required further time to consider the minutes, and subsequently writing to them to return the minutes approved of with any alterations therein which they might have to suggest .... 2'J. Several attendances on them for return of draft minutes, and again this day, without success, and attend- ing the Registrar with copy minutes, and obtaining appointment before him to settle same on Monday next at half -past 2 Xotice of appointment to respondent's solicitors, copy and service ...... Copy minutes for the Registrar Attending at the registry drawing up order Attending bespeaking and to procure certified and sealed copy of the decree for service on the trustees Paid for same Letter to ^Ir. G., the trustees' solicitor, for acceptance of service on behalf of the trustees . Drawing bill of costs and copy (folios o9) Copy for respondent's solicitors Service thereof .... Attending filing bill Paid Notice of appointment to tax to respondent's solicitors, copy and service . Attending taxing . Attending at the registry to complete bill as taxed and for allocatur Term fee ... Letters, &c. . Paid taxing . d. S ■2 4 10 - •2 4 - C - K 1 ;] \?j 4 - G 8 <; 8 — -f — - -> - - (; 8 _ (') 8 - 5 - _ 5 _ 1 C - _ If. — - •> ('» - c 8 - •> G _ 4 _ 1 1 — 10 - )• I' ■> Liron-e.] 580 5. PETITIOXER'S COSTS A(;AIXST CO-KKsi'oXDEXT— ORDER FOR LEAVE TO TAKE CHILDREN OUT OF THE .nTJSDTCTroX. RESI'OXDEXT niVKX IIKIJ COSTS. MICHAELMAS SITTINGS, 1893. £ N. (I. £ s. >/. Dec. IS. Instructions for petition for divorce . -(is Drawing' and ent^rossing Slime ... 1 - - If exceediiiii- Ki folios, for every additional folio, iucludin^- a copy to file . . . - 1 4 Fee to ^[r. to settle . . . 1 :5 (I Attending; him ...... Instructions for affidavit verifying' petition ] )rawiuu' same ...... 20. Attending filing petition and affidavit Raid . - 5 - ],)ra\ving and copy retainer to ^Mr. — . Fee to him and clerk . . . . . I ;! (". Attendinii' for copy petition under seal . Paid 12- Instructious for citation against respondent . Drawing same, parchment, and prtecipe Attending gettinu" same sealed Paid -5- Copy for service ...... Instructions for citation against co-respondent 1 )ra\ving same, parchment, and precipe Attendinu' iiettinti' same sealed J'aid .' ' . ■ - 5 - 2s. Attending by appointment at Messrs. 's office serving petition and cita- tion on co-respondent .... - 5 - Indorsing citation with certificate of service on co-resi)ondent ..... - 2 (! 21). Service of petition and citation on respondent ...... - 5 - Indorsing citation with certificate of service oji resjiondent ...... - 2 (> Term fee, agency, &c II- HILARY SITTINGS, 1894. Jan. 1?>. Attending searching for a]i]iearance of respondent ...... _ (^ S The like co-respondent -OS Perusing respondent's answer ... - C. s IS. Drawing summons for further particulars of the times and places when and where the acts of wilful neglect, misconduct, itc, alleged in the second paragraph of the answer were committed, and copy for the Court - 5 - <> 4 S 5 — {', s (', s c. s C s i; s 1 8 i; 8 7 s (') 8 H 3 () 8 A 4 1 - 8 1 4 (') 8 DiroiTf.^ 581 £ .^•. G '2ij. Attending; summons for particulars when order made Attending: for order Copy and service of order .... Instructions for reply to answer of respondent Drawint,' same ...... Fee to Mr. to settle . . .IP. Attendini^ him Engrossing reply to settle .... Attending filing ...... Paid filing . . . . . . .-20 Copy for respondent's solicitor Attending to deliver ..... Attending filing citation against respondent . Paidfilin^g - 2 Attendin The like on co-respondent's solicitor . . _ ;; c In.structions for supplemental petition . . _ ,; ^ Drawiui,' and eniirossing- same ... j _ _ Attendiiiii- :\Ir. with same to settle . - C 8 I'aid his fee and clerk . . . . . 1 ;j c, Instructions for affidavit verifyiiio- supple- mental petition ...... _. (; y Drawing- and en,i;TOSsinu- same Attending- petitioner on his being sworn thereto ....... Paid oath Attending filing supplemental petition and affidavit ....... _ o g Paid liUng petition and affidavit . . . _ 5 _ Attending for office copy petition ... _ ,s Paid for same under seal . . . . i - _ Attending Mr. -and ]\[essrs. arranging appointment to serve parties . _ (; y r.). Service of supplemental petition on respon- dent at • ..... _ 5 _ The like on co-respondent .... _ 5 _ Attending paying respondent's costs up to trial and afterwards agreeing same ... - I;-5 4 Attending appointment to fix security for respondent's costs of trial, when Ptcgistrar fixed further security at i'2(» ... _ (; ^ 22. J'erusing answer of respondent to supple- mental petition ...... _ g g Paid I'espondeut's costs up to setting down March (i. Attending Registrar with request for lodgment to pay money into Court as security for i'espondeut's costs of trial , -08 Attending Paymaster-! J eneral paying £iH) into 9o"i"t . -08 Paid into Court, afterwards taken out by re- spondent's solicitors for costs of trial . . 20 - - * Instructions disallowed on taxation. 4 4 c> 8 '•) 4 1 - Dirorre.'] 583 £ s, d. £ s. d. Attending searching cause list during sittings. - 13 4 Term fee (agency) 11- E ASTER SITTINGS, 1894. April. Instructions for brief for petitioner . 4 4- Druwing same (folios 40) .... 2 - - Fair copy for counsel (folios 40) . . . - 13 4 The like of pleadings and affidavits to accom- pany, together (foUos 22) .... Attending Mr. ■ with brief Fee to him and clerk 5 10 - The like for conference . . . . . 1 (I - Attending searching cause list during sittings. Term fee (agency) ..... TRINITY SITTINGS, 1894. Attending marking refresher on Mr. 's brief -08 Fee to him 1 ;> G Drawing subpoena and precipe and attending getting same sealed ..... Paid parchment . . . . . . - 1 - Copy subpoena for service on . . - 1 - Service thereof at Cambridge .... - 1 2 - Copy subpoena for service on . . - 1 - Service thereof at Teignmouth (agency) . . -12- July C). Attending searching Court minutes to a'scertain if any answer hied by the co-re- spondent to the supplemental petition and found none - G 8 Paid searching - 2 Drafting and engrossing affidavit of service of supplemental petition and search for answer -08 Attending swearing - 8 Paid oath - 1 (; Attending filing affidavit of service and search, and no answer ...... - 8 Paid filing . . . . . . .-20 Attending appointing conference with Mr. Attending conference . . • • . •Attending searching cause fist during sittings, when on this day" we found case would be in to-morrow's list ...... Notice to ;•> witnesses to attend trial Attending telegraphing Mr. that case in to-morrow's paper and to be at our office at 10 o'clock Paid for message - - 10 Attending telegraphing that case in to-morrow's list and to be at our office at 10.30 Paid for message - - 9 Writing ^ — in confirmation of telegram 7. Attending petitioner and witnesses on their callinir and attending with them to Court, 8 3 4 o 4 G G d. £ .V. d. C K I G - 8 - (i H •^ - • > ■J <; ■> i; <; H Lirorre.'] {^^4 when case heard and decree nisipvoudunced with costs a^ Drawini^- same ...... _ <> _ EniiTossiiiir same for swearinir ... _ ,"> _ Atiendin.iT ^Ir. on^ his calliii-; later in the day and with liim before commissioner to l)e sworn thereto ..... Paid oath Instructions for affidavit of Mr. jn support of application .... Drawinir same ...... Enrief and affidavit in support to"-ether (folios];^) . . . . Fee to him and clerk 2 4 Attendins.,^ him ...... Attendin.i^- taxing' respondent's costs of trial . i'}. i'erusing 2 affidavits of respondent in opposition to summons to take children out of the jurisdiction (folios 14) Brief copy affidavits for ]\Ir. - ('. s - c s - 4 - - 1 4 - C H - 5 - - (; 8 - ;> i; - ?> - - 1 4 - c s - 1 - -44 (', 8 c 8 4 8 4 8 (I. C. 8 ") — 1 8 (; 8 Dirorcc.'] SSf) £ s. d. Instructions for further affidavit of petitioner in opposition to affidavit of respondent Drawing- same (folios f)) .... Engrossing' ....... Attending petitioner on his being sworn thereto Paid oath - 1 Aug. 1. Instructions for affidavit of Dr. in support of summons .... - (5 8 0. Drawing same ...... - ;-> - Engrossing ....... - 1 - Attending Dr. un his being sworn thereto - (> 8 Paid oath . . . . . . .-10 Brief copy of further affidavits of petitioner and Dr. for counsel together (folios 8) - 2 8 Attending him therewith .... -84 The like copies of affidavits for respondent's solicitors - 2 8 Attending summons when, after hearing coun- sel, Judge adjourned same until Thursday next for respondent's solicitors to answer our affidavits if thought advisable . . - (! 8 8. Perusing further affidavit of respondent in opposition to summons ... - 1 8 Brief copy for counsel - 1 8 9, Attending petitioner on his calhng, and with him before the Judge on adjourned hearing of summons, when his lordship made an order that petitioner be at liberty to remove the children out of the jurisdiction of the Court and gave respondent her costs of the application - G 8 Paid tiling 1 affidavits . . . . - 10 - Attending drawing up order for leave to take children out of the jurisdiction ... - G 8 Copy and service of order on respondent's solicitors ....... - 3 G Copy order for custody of children for service on respondent ...... - - - Indorsing notice thereon and attending serving same on her at . . - G 8 Term fee (agency) 1 1 - MICHAELMAS SITTINGS, 1894. Nov. 7. Attending taxing respondent's costs of petitioner's application for leave to take the children out of the jurisdiction . - lo 4 Paid Term fee ...... • 11- HILARY SITTINGS, 1895. Jan. 15. Costs of making decree nisi absolute and paid as allowed . . . . .2310 Attending bespeaking office copy decree absolute ....... - G 8 Dirom:] 58G £ Paid sealiiiff and for ofiice copy . . . - Attendinii: for same ..... I'aid tilinfj affidavit of petitioner . . . - Drawinti' this bill of costs and copies (folios 4(i) Attendintz' lodginj; ..... Paid lodging . . . . . . - Attending for appointment to tax . Notice of taxing, copy and service Attending taxing ...... Attending for order for payment . Paid for order ....... Copy and service of order .... Term fee ...... . Lettei"s, messengers, &c. .... Paid witnesses s. d. £ .S. (I. 10 - - C 8 2 (•) 2 C - - C. 8 2 C. - c. s 1 4 - 1 - - C. 8 5 1 1 ;') c. I - 1 - (;. i'KTTTTOXKirs (WIFE) COSTS OFOIjnHR FOR PER:\rA- Xi:XT ALLMOXY AXl) :\rAIXTHNANCE. £ ,v. t/. £ .s. (/. Jan. ;!. Instructions for petition for permanent alimony and maintenance of children . . - (! 8 Drawing and engrossing same, including copv to file . ' . ' . . . ' . ". 1 - - Attending petitioner on her signing petition . - (I 8 0. Attending filing petition in Divorce registry and Ijespeaking copy under seal for service on the respondent ..... - (i 8 I'aid filing - 2 (I Paid for office copy petition under seal . . - 10 (i Attending for same ..... - (> 8 Personal service of the petition on respondent at and mileage .... - ,s - 25. Perusing respondent's answer ... - C 8 S\. Attending obtaining appointment to fix permanent alimony and maintenance . . - 8 Paid Registrar's fee - 1(» - Notice of appointment, copy and service . - 4 - Feb. 10. Attending appointment, when amount of respondent's income ascertained, but aj)- pointment adjourned for a week to enable parties to agree as to disposal of house . - 1?) 4 17. Attending adjourned hearing before the Registrar, when he fixed the permanent alimony and maintenance, subject to a reduc- tion of £ — fi.xed for permanent alimony on the respondent putting the petitioner into legal possession of the house . . - l;> 4 18. Attending di'awing up order ... - (I 8 Paid for smne . . . . . . - 5 - Copy order for service on the respondent . - 1 4 Service thereof on him at Peckham and mileage ....... - (i - Drawing costs and copies (folios b) . . - 8 - Attending filimr -08 Dirorre.'] 587 Paid filing- Attending taxing .... Attending for order for payment . Paid for order .... Copy and service of order and mileage Term fee £ .S-. /. £ .S-. (». Attending respondent on his calling, when he said he intended applying to reduce the alimony allotted, and we told him of our appHcation to charge his pension, and he offered to pay £ — on account of arrears of alimony and maintenance if we would withdraw the application, and we promised to obtain petitioner's instructions . . - ('> 8 Writing respondent that we would accept £ — on account of overdue alimony and agree to withdraw our proceedings to charge his pension if the £ — paid at once . . - 3 (> Attending respondent on his calling, and he paid us £ — on account of alimony, and giving receipt for same .... - (! 8 Perusing petition to vary order for alimony served by respondent ..... - (I 8 Perusing affidavit verifying petition to vary order for alimony - G 8 Aug. 5. Instructions for answer to petition to vary order for alimony, including copy to file Drawing same ...... Engrossing for swearing (folios (>) . . . Attending petitioner on her calling reading same over to her, and with her before com- missioner to be sworn thereto Paid oath - 1 (i Attending filing answer to petition Paid tiling . " - 2 G Copy answer for respondent .... Service thereof ...••• Sittings' fee HILARY SITTINGS, 1893. Jan. 19. Attending appointment before Mr. Registrar to vary order for alimony, when the Registrar directed the respondent to file a further affidavit setting out fully the whole of his sources of income, - C, 8 1 - - G 8 G 8 2 _ 2 G — Divorre.'\ r)88 il. as the petition did not fully SL't tins out, and apiMiintmcnt adjourned till the instant, respondent to lile and serve us with a copy artidavit in the meantime .... - 1 :! 4 l\'rusiuu' further affidavit of respondent in support of his petition .... - (i 8 'I't. Instructions for affidavit in support of application for garnishee order nisi for non- payment of alimony ..... - C 8 Drawing same ...... - Ci - Engrossing - 2 - Attending petitioner on iier calling, and with her to be sworn to affidavit ... - C 8 Paid oath - 1 C Attending Registrar reading over affidavit when he granted order nisi ... - C 8 Paid lor order nisi . . . . . - 5 - Attending drawing up order .... - (i )S Copy oi'der nisi for service .... - 1 - Service thereof personally on manager of Pank ...... - 5 - 2(;. Attending hearing of garnishee order nisi when same made absolute on our filing afhdavit of service and non-attendance of garnishees - G 8 Drawing affidavit of service and non-attend- ance of garnishees ..... - C 8 Attending to l)e sworn ..... -08 Paid oath and exhibit . . . . . - 2 G Marking exhibit ...... - 1 - l^aid tiling affidavit of service and non- attendance of garnishees . . . . - 2 G Attending filing ...... -OH Attending drawing up order absolute . . - G 8 Paid for order . . . . - 5 - Copy garnishee order absoluie for service . - 1 - Service thereof on the manager of the I>ank ..... _ 5 _ 27. Attendino' the manager of tiie ■ Pank on his handing us cash for £ — as ordered l)y the garnishee order, and giving receipt ....... - (! 8 Attending adjourned hearing to vary order for alimony, when matter further discussed, and Registrar required information as to the amount of dividend likely to lie paid by the liank, and within what period . - l;5 4 Writing liquidator of Pank for the informati G Copy of reply from liquidator of Pank for respondent, as directed by Registrar - 1 - AVriting resjiondent therewith ... - ;> G Attending llegistrar giving him information received from liquidator of J>ank - G 8 Diroiro.'] 589 d. £ s. (I. On receipt of further letter from liquidator attendin The like for conference . . . . . 1 (i Attending conference ..... T). Attending Court when motion made and dismissed with costs ..... Drawing costs and copies (folios 4) Attending lodging ..... Paid lodging . . . . . . ~ 'I Notice of taxing, copy and service, and mileage, serving costs at .... Attending taxing and agreeing Attending for order for payment . Paid for same . . . . . . - 5 Copy and service of order and mileage . Sittinos' fee ...... DISMISSING d. £ s. d. - C 8 ] 1 _ - 10 - - »> 4 _ (; s i;; 4 4 - t; 8 S c S _ 15 - Divorce.'] r)90 9. COSTS OF THE RESPONDENT (WIFE) TO DATE OF SETTING DOWN OF ACTION FOR TRIAL. IN THK ilKiH COTRT oF .ITSTICE. Probate, J)ivuuce, axd ADMiiiAi;rv Divisiox. (Divorce.) Between etc. HILARY SITTINGS, 1894. Jan. 1. Instructions to defend Perusing petition .... The like copy citation X. Attending entering appearance . Paid Notice thereof, co])y and service Instructions for answer to petition . Drawing and engrossing same . Copy for counsel .... Fee to counsel to settle answer Attending him .... 10. Instructions for affidavit in support of answer ..... Drawing and engrossing same . Attending on being sworn thereto . Paid oath Attending filing answer and affidavit I'aid filing answer .... The like affidavit .... Copy answer for service . Service thereof .... 2i}. Perusing replication . Feb. o. Drawing lull of costs and copy for ta.xation (folios X) Copy for husband's solicitors . Attending to file . ]*aid filing ..... Copy and service of appointment to tax Attending taxing and agreeing amount of taxed costs, and the Registrar fixed the amount to Ijc paid into Court or secured by the husband for further costs .... Attending drawing up order for security I'aid for order and reference fee Copy and service .... Term fee £ N. f/. £ •*». (/. - C K - C S - 1 S - (i •S _ 4 _ 1 (i 8 1 _ - 1 (; 2 - 15 - (; 8 - (') 8 ('. i; 8 (■) ('. 8 1 •> 4 - ('. 8 _ .") 4 - ■} X - c. S - 4 - 1:5 15 - Divorce.'] 591 10. RESPONDENT'S (WIFE) COSTS ON PETITIONER'S APPLICATION FOR LEAVE TO FILE SUPPLE- MENTAL PETITION. Between A. B., Petitioner, AND C. B., Respondent, AND E. F., Co-respondent, HILARY SITTINGS, 1894. Feb. IT). Attending petitioner's summons for leave to file supplemental petition, same adjourned for affidavit Perusin<;- affidavit of petitioner's solicitors IC). Attendiu«>- adjourned summons (order made) 20. PerusiiiiT supplemental petition . Instructions for answer to supplemental petition Drawin<2; and engrossinj;- same Attendino- filing answer . Paid ." .' . . Copy answer for service . Service thereof Attending searching cause list EASTER SITTINGS. 1894 Instructions for brief .... Drawing brief (folios 80) Fair copy for counsel .... Fair copy pleadings for counsel (folios 30) Attending searching cause list £ s. >l. £ TRINITY SITTINGS, 5. Fee to counsel with brief and clerk 1894. Jul}' Attending him Attending appointing conference Conference fee to counsel and clerk Attending conference Attending searching cause list {',. AVriting respondent informing her that cause will be in paper . 7. Attending trial, cause heard Drawing costs and copy for taxation (folios 'J) Copy for service Attending in registry filing costs Paid stamp on filing Notice of appointment to tax, copy and service Attending taxing . Attending agreeing costs as taxed Drawing payment schedule in duplicate and attending Registrar to sign same . Attending Paymaster l)espeaking cheque Attending receiving cheque 3 5 <; 1 - •} {] 8 4 S 8 8 ('. 8 •2 _ 3 4 13 4 1 - k; - 12 - 10 - 13 4 1 1 - - (5 - - C 8 4 - (■) 8 i; 8 i; 8 i; 8 t; 8 Dirorre.'] Term ice Paid taxiii'^ fees 502 £ s. (I X. .s\ (I II. IlKSl'OXDKXrs (WIFE) COSTS OF AIM>LT0\TIO\ BY I'KTrrioXFU FOR LFAVE To TAKF rillLDREX OUT or Tin: jupjsdictiox of the court Betwkk.v a. B., Petitioner, AND C. B., Respondent, AND E. F., Co-respondent. TRINITY SITTINGS, 1894. July ;;(). Penising- affidavit of petitioner in support of summons for leave to take chil- dren out of jurisdiction (folios lo) Instructions for affidavit of respondent in opposition ....... Drawing and engrossing affidavit in opposition (folios 10) Copy for service August 2. Attending respondent on her swear ing same ...... Paid oath Copy petitioner's summons for counsel . The like petitioner's affidavit (folios 10) The like respondent's affidavit (folios 10) Drawing and copy observations for counsel Fee to Mr. therewith and clerk Attending him ..... Paid conference fee and clerk Attending conference Attending respondent taking instructions for further affidavit . . Drawing and engrossing same (folios C) Attending respondent on her swearing same J 'aid oath ...... Copy for service Copy for counsel Paid filing affidavits of respondent (2) . (;. Attending summons, same adjourned to enal)le respondent to answer further affi- davits filed on behalf of petitioner Perusing further affidavit of petitioner (folios G) . Copy for counsel Perusing affidavit of Dr. (folios ;!) Copy for counsel (L £ s. d. 4 G 1 (; - - 1 (•> - 5 - - c - l;5 - o - ('. - 1 - y, — h - c - c - i;', - (•) -- s - {', - (; _ -> - 2 - 1 - 1 Divorce.'] 593 Instructions for further affidavit by respondent in answer to the affidavits of Dr. and petitioner ..... Drawing and engrossing same (folios (J) Copy for service ..... Copy for counsel Attending respondent uw her swearing same Paid oath ...... Paid filing i). Perusing affidavit of Dr. (folios 3<0 .• •. Attending adjourned summons when Judge made order giving petitioner liberty to take the children out to ; and, on the application of respondent's counsel, it was conceded that she should be allowed to see the children before they were taken away on certain conditions, and the respondent's costs were allowed, and counsel certified for Perusing order Drawing costs and copy for taxation (folios 15) Copy for service , Attending in registry filing costs Paid stamp on filing Xotice of taxing, copy and service Attending taxing . Term fee . £ .s\ d. £ .s. (I. 8 H - 2 - 2 - C 8 1 T) -34 Q, 8 _ - 10 - 2 -I - IP, 4 If) - J.C. Q Q XL PROBATE, ])1V()1{CE, AND ADMIliALTY DIVISION. ADMIIIAl/rV. The scale of costs in Appendix X and tlic Order a? to Court Fees, 1SS4, apply to costs in the Admiralty Division, but do not inclnde every charije which solicitors may be entitled to make or every Court fee which they may find payable in the course of proceedinofs taken by them in that division. By R. 8. C. Order (i."), Rule i^7 (;^>7), " the rules, orders, and practice of any Court whose jurisdiction is trans- ferred to the High Court of Justice or Court of Appeal relating to costs, and the allowance of the fees of solicitors and attorneys, and the taxation of costs, existing prior to the commencement of the principal Act, shall, in so far as they are not inconsistent with the principal Act and these rules, remain in force and be applicable to costs of the same or analogous proceedimrs and to the allowance of the fees of solicitors of the Supreme Court and the taxation of costs in the High Court of Justice and Court of Appeal." And by section -1 of the "Order as to Courc Fees, 1SS4," the order is not to affect the existing fees directed to bo taken or paid by any Act of Parliament, and in respect of which no fee is by the said order provided. See note to Appendix X, p. 24. Fur c(sts of Admiralty proceedings in the County Court see p. 71)^ Admiral ty,'] Ol).") PLAINTIFF'S COSTS — ACTJOX FOli DAMAGK TO PLAINTIFF'S STEAMSHIP BY PEASOX OF A COL- LISION AVITII J)EFEXJ)ANT'S STEA:\[Sim»— VPREST — TP[AL. IN TUE HIGH COURT OF JUSTICE. Probate, Divorce, and Admiiulty Division. (Aj)MIRALTY.) Between The Owners of the Steamship AND The Owners of the Steamship MICHAELMAS VACATION, 1893. Sept. 11. Instructions to sue Writ of summons ....... Copy for registry Attending lodging and obtaining reference number . Paid issuing ........ Copy to serve ])rawiug affidavit to lead warrant and engrossing Attending deponent to be sworn .... Paid oath Paid liUng ........ Preparing praecipe for warrant and attending registry Paid filing ........" Paid for warrant Copies for service .....'.. Attending ]\Iarshal therewith Paid his fee . Service of writ (or writing agent to serve if necessary, and paid his charges) 15. Attending bespeaking and afterwards for copy depo sitions before Receiver of Wrecks Paid for same ....... Instructions for preliminary Act .... Drawing same (folios 7) Copy . . . Praecipe and filina- Paid . Notice of filing, copy and service .... Oct. 13. Perusing notice of bail and attending making inquiries as to sureties Attending searching if defendant's prelimhiary Act filed Sittings' fee ....... . MICHAELMAS SITTINGS. Instructions for statement of claim Drawing same ....... Fee to counsel to settle .s. (/. C H C H •J - (') 8 10 - 2 - V> 8 (; 8 1 () (5 8 5 - 1.") - 4 - {', 8 •> _ _ - a — C 8 _ •> 4 - 3 4 - 4 - - 10 _ ■— •> 4 - K) - - 13 4 - 10 - ■2 4 (J Q Q - Aihniraliij.'] :)1)G Attendinii- him EuiiTOSsiuij' same ........ Attendinj-- to deliver Jan. 1. AtteiidiiiiT searcliin^- if bail papers filed, and found they were Paid search Perusinir defence ........ Sittings' fee HILARY SITTINGS, 1894. Jan. ;'). Attending defendant's summons for discovery, order made ......... (Charges for a.lidavit of documents, see next bill, p. GOO.) Attendances giving consent to time to deliver defence and attendances on summonses for time, each 27, Perusing affidavit in support of summons to examine witnesses (folios (!) . Attending summons, order made (Charges for instructing counsel and attendances on examhiation, &c., as in next bill, see p. GOO.) 30. Summons to open preliminary Act Copy for registry Copy and service ....... Paid fee and for order 31. Attending adverse solicitors giving inspection of docu ments scheduled to affidavit of discovery Feb. 3. Attending searching if defendant's affidavit of documents filed ....... Perusing affidavit (folios 10) Demand for inspection Attending inspecting Paid for copy documents Attending summons to open preliminary Act, order made Copy and service of order Copy preliminary Act for adverse solicitor (folios 7) . Attending exchanging Acts Perusing adverse solicitors' preliminary Act Fair copy same and pleadings for printing (folios 2G) Ke vising proof Attending collating same Paid r Paid printer's charges Instructions for reply Drawing same Fair copy Attending to deliver 8. Attending at registry collating print of adverse evidence (folios (H)') 10. Summons to fix early date for trial Copy for Chambers ...... Copy and service Paid fee and for order Paid for copy prints of evidence .... •'^'. (I. G _ G 8 1 - 4 G 8 - G 8 • ) 4 4 4 - G 8 t - (; 8 2 4 h 4 G 8 8 8 4 4 G 1 G 1 \i G u 8 1 8 •) 4 - 10 - - h — - 1 - - 4 G - S - - 17 G Admiralty.'] 597 £ 5. (I. 17. Attending summons to fix early date for trial, same adjourned in consequence of defendants stating that their vessel would not be here for several months . .-08 21. Writing adverse solicitors with appointment for them to inspect documents scheduled to plaintifT's affidavit . - o G 22. Attending them on their inspecting (over an hour) . - 1;J 4 March 21. "Writing adverse solicitor requesting to know when defendants' ship would be in this country, as we were desirous of getting the date fixed for trial . . - 3 G 20. Notice we had restored the adjourned summons to the list for Wednesday next - -i - April 2. Summons to examine witnesses on behalf of plaintiflf . . . . . . . . . - 'd - Copy for registry - 1 - Copy and service . . . . . . . .-■!(> Paid fee and for order - 8 - Attending the summons, order made . . . . - (» 8 Copy and service . . . . . . . . - ;i G 10. AVriting adverse solicitors requesting appointment to inspect documents scheduled to defendants' affidavit of discovery . . . . . . . . . - ;3 G 12. Writing adverse solicitors as to applying for date to be fixed for trial and inquiring whereabouts of their wit- nesses - ;-> G Sittings' fee - 1,') _ EA S TER SITTINGS. Attending adverse solicitors on their giving us insjiection of defendants' documents - G 8 14. Attending obtaining appointment before special ex- aminer for examination of witnesses .... Notice copy and service ....... Letter to shorthand writer instructing him to attend examination ........ 17. Instructions for brief on examination of witnesses Drawing same and fair cop}'' ...... Charges for examination of witnesses as at p. GOO Sittings' fee TRINITY SITTINGS. Sept. 27. Instructions to advise on evidence Attending counsel therewith ...... Paid his fee and clerk (Further witnesses examined.) Sittings' fee MICHAELMAS SITTINGS. Nov. o. Writing adverse solicitors as to date which would suit our client for the trial, and inquiring if they were prepared to consent to such date being fixed Letters, &c HILARY SITTINGS. 1895. Feb. 15. Notice to attend adjourned summons to fix early date for trial G 8 4 - G G 8 '•) 4 15 - l;5 4 G 8 4 G - 15 ;5 G G - - 4 - Admiralty.'] 5'J8 £ s. d. 2(». Attending- summons, same adjnurnecl for evidence as to whereabouts < if defendants' vessel .... 27. Attending summons to fix date of trial when order made Copy and service of order ...... March 4, Notice to adverse solicitors that we were keeping a witness on pay for the jmrpose of attending this trial, coj^y and service . . . . . • • • I). Attending third engineer of this vessel, informing him we had instructions to })ay him £;> a week . 20. "Writing him enclosing £;5, the amount of wages due to him ......... (This item repeated weekly until the trial.) Sittings' fee EASTER SITTINGS. April 22. Prejtaring subpoenas, each .... Paid issuing, each . ....... Copy to serve, each Service on each Avitness Attendances searching list 2'd. Perusing and considering plaintiff's notices to inspect and admit The like })laintiif"s notice to produce .... Instructions for brief, including ])erusal of documents, attendances upon witnesses, taking notes of their evi- dence, and upon other persons, endeavouring to obtain information re(}uired ....... Drawing same (ftjlios 112) . Tw(» fair copies Ditto of all necessary documents for counsel, at 4i/. per folio, including the evidence taken before the examiner ......... 24. "Writing witnesses of the day when the case would be in the ])aper (first letter) Subsequent letters to witnesses, each .... Instructions for affidavit verifying lightship's log (Drawing, &c., nsanfe.) Paid witness for making the affidavit .... 25. Attendances on adverse solicitors and upon clients when terms of settlement ultimately agreed . Writing witnesses that their attendance would not now be re(iuired (above) ........ Drawing and fair copy agreement as to terms of settle- ment and attending adverse solicitors obtaining their signature thereto ....... 2(;. Attendances on witnesses settling with them Attending paying Trinity Masters' fees .... Paid ]\Iay H. Instructions for claim ])ra\ving same (folios 0) ....... Two copies claim ........ Two copies vouchers to accompany : — ■ German (folios ]]), each ...... English (folios 40), each - (". - 4 - 15 - (; H - 5 — - 1 - la 4 - i; - (; 14 8 1 1 - - 1:5 4 (■) S l;! 4 c « 4 - 18 4 4 - 11 _ ('> 8 AdmiraUy.'] 599 £ s. d. 24. Attending settinii- down case _ « Paid . . •> - - Attending bespeaking Trinity Masters . . . . _ i; x Paid . . . - 10 _ 27. Attending adverse solicitors on their requesting us to defer filing claim for a day or two, as they were making an offer of settlement, and agreeing to this . . . - (5 « Attending clients as to otter of defendants, which they instructed us to decline . . . . . .-08 June 4. Writing adverse solicitors declining theii- offer and informing them that our clients would fully sub- stantiate the repairing account and claim for demurrage - o G IT). Several attendances on adverse solicitors and client, when agreement as to claim ultimately arrived at . . - lo -f Paid witnesses as follows. (Set the items out.) Paid outport charges. „ „ 17. Attending adverse solicitors on their paying claim and giving receipt therefor . . . . . .-(ID Drawing bill of costs and copies (folios 80) . . . 4- - - Attending lodging and bespeaking appointment to tax . - (i 8 Attending taxing . . . . . . . . 1 - - Subsequently attending agreeing interest and costs as taxed -(18 Attending receiving cheque and givhig receipt therefor .-(18 Term fee . . . . . . . . . - 15 - 2. PLAINTIFF'S COSTS— SALVAGE ACTION. Between The Owners of the Steamship , her ^Master and Crew, Plaintiffs, AND The Owners of the Steamship , her Cargo and Freight, Defendants. TRINITY SITTINGS. £ s. d. £ s. d. 1893. August 12. Instructions to sue . . - G 8 "Writ of summons ..... - G 8 Copy for registry - 2 - Attending lodging and obtaining reference number ....... -08 Paid issuing - 10 - Copy for service - 2 - Attending for and obtaining undertaking to appear and put in bail for ship and freight -08 Instructions for affidavit in support of appli- cation for leave to arrest cargo . Drawing and engrossing sam<^ Attending to be sworn ..... Paid oath . . . . . . .-10 Subsequently attending adverse solicitors on their requesting us not to arrest cargo, as they undertook vessel would not leave before next "Wednesday, and arranging not to do so . - G 8 8 G 8 Admiralty.'] COO 1."), Atteiidiufj for and obtainiiiLr uiulertakiiitr on behalf of cai'LTO owners to put in bail for amount retjuired herein Id. Perusiiii:- notice of bail and attendiiiir in stitutin.u- inquiries as to sureties . 17. Notice to adverse solicitors that we should require bail for f :.',;"»( »(i, copy and service 28. Paid for chai-t .... 2!). Attendinir searching: if bail filed, found i was ...... Paid :>!. Instructions for statement of claim . DrawiiiLC same (folios 2(>) Attending:' counsel therewith . Paid his fee and clerk .... Sept. 5. Summons to examine master and mate of the Coi)y and service ..... Copy for Chambers .... Paid fee and for order .... Instructions for affidavit in support I )rawinLf same (folios .")). Enjjrossinti' ...... Attending- to be sworn .... Paid oath Paid filinti- Copy statement of claim (folios 20) Attending- to deliver .... 8. Attendinji: adverse solicitors ii•ivill^■ them inspection of i)laintifrs documents Perusing' and considerini^; notice to produce Instruction for brief on examination of master and mate of the . Drawing- same (folios 2(1) Fair copy Fair copy notice to produce for counsel (folios I Attending- counsel therewith . Paid his fee and clerk .... Attendinu' summons to examine master and mate of the , order made Co])y and service of order Attending;' examiner for and obtaininii' appoint- ment for 12.;)(> on ^Monday next Notice of appointment to examine 2 witnesses copy and service .... Letter to shorthand writer instructing- him to attend and take notes !). Paid Mr. for translations of letter from the Spanish lan,L;ua<:'e 11. Atteiidinj:>; examination of chief officer an( master of — • .... Instructions for affidavit of documents . Drawint( same (folios 1 0) KnirrossiuL'' ...... £ s. (I £ s. d. - 8 - 10 - - 4 - - 2 - - (; 8 - 2 - - 1:5 4 1 - - - C 8 2 4 t; ') — 4 - 1 s - (i 8 1 ( ) 2 ( ) - (; 8 - 3 4 — C. 8 - (") 8 3 5 14 - i;) 4 1 i; - - s 8 - 1 8 - (i 8 (5 8 8 C 8 4 - 3 (5 111 <; - (•) 8 - 10 - -34 Admiralty.'] 601 Attending to be sworn , Paid oath ..... Attending filing .... Paid filing Notice copy and service . Copy for adverse solicitors (folios 1(>) 12. Writing adverse solicitors requesting them to file attidavit of values .... 15. Attending bespeaking and obtaining copy evidence of 2 witnesses examined on behalf of the plaintiffs ...... Notice of appointment to collate, copy and service ...... Attending collating prool" with original copy Paid . . ^ Attending examiner paying his fee and obtain ing his receipt therefor Paid Paid printer's charges .... Writing shorthand writer with amount of his charges ..... Paid . . . . . . Attending lodging evidence at registry 19. Perusing and considering affidavit of values Sept. 28. AYriting adverse solicitors that we had received our client's instructions, and setting out certain terms of settlement, and request- ing to hear from them with regard thereto . Oct. I). Writing adverse solicitors on receipt of their letter and requesting them to make a further and better affidavit as to cargo values and on the matter Nov. 3. Summons for discovery Copy and service . Copy for Chambers . Paid fee and for order 8. Attending summons for discovery, ordei- made Copy and service of order 22. Attending defendant's summons for dis covery, no order ..... 23. Summons to fix early date for trial, copy and service Copy for Chambers Perusing and considering defence Attending exchanging affidavits of documents Perusing and considering adverse affidavit Demand for inspection, copy and service . Attending inspection .... Notice to adverse solicitors of appointment to inspect our documents, copy and service Attending adverse solicitors giving inspection of our documents Demand for copy documents, copy and service Paid for same £ s. d. £ s. d. - 8 . - 1 G - 3 4 - 5 - - 4 - - 3 4 17 4 7 - 5 12 4 10 4 -68 - 4 - - 17 4 G 8 -36 - G 8 -34 -36 - 3 - -46 _ 2 — - 8 - - G 8 -36 -68 10 6 2 - (•> 8 3 4 3 4 4 - G 8 4 - 6 8 AdiniraUij.'] f;()L> £ s. 25. Fair copy pleadinQfR for printer (folios Mfi) . Attending him Notice to collate pleadings, copy and service Attending printer witii revise . Attending collating ..... Paid his charges ...... Fonr copies pleading for registry Attending lodging ...... Dec. ;5. Attending snnimons to fix early date for trial, same adjourned .... Attending restoring summons to the list . Notice, copy and service .... \?>. Attending adjourned summons to fix early date for trial, same further adjourned to enable the defendant to file afiidavit in opposition ....... l(i. Attending summons to fix early date for trial, same adjourned till "Wednesday, adverse solicitors not having attended Notice informing them of summons having been adjourned, copy and service 2(>. Attending sunmions to fix date for trial, order made giving early date next sittings . Copy and ser\'ice of order .... Notice of trial, copy and service 2!). Attending settinu' down case Paid . . Paid for decree ...... Attending bespcakinti' Trinity Masters Paid \ . . . \ \X\)\. Jan. ;'). Perusing and considering further afiidavit of values ..... Attending for and obtaining chart of English Channel ....... I'aid for same ...... I'erusing and considering adverse notice to inspect and admit ..... Perusing and considering adverse notice to produce ....... Drawing notice to produce (folios 4) Fair copy ....... Service ........ 14-. Drawing notice to inspect and nrlmit (folios 11) Fair copy Service .... 17. Attendances searchiiii Letter instructing shoi-tliand-writer notes ........ Instructions for brief to counsel, including perusal of numerous documents and attend- ances upon witnesses getting up evidence Drawing same (folios ?A) .... Two copies ....... position of this case to take 2 - 4 - 4 - 4 _ (; 8 8 4 _ 2 - 10 G 8 4 - (1 S ;! i; 4 - C. 8 - 4 - (5 8 ('. H 4 - 1 4 2 (1 1 — 'n 8 2 (; C 8 8 ,s 1 14 1 2 AdmiraUij.'] G03 Two copies notices to inspect and admit and produce (folios 1.')) Two copies defendant's notices (folios 12) Two copies examination of plaintiff's witnesses (folios 104) Two copies Masters' letter (folios II) Two copies deposition of master of the steam- ship before the Receiver of "Wrecks (folios 12) Two copies deposition of , first en- 5 3 5 2 U h) - « - 7 4 S - .•) 4 ■ 4 - 4 S 1 _ 1 l; 1 1 4 - C 8 _ 7 4 - 8 1(J - - (5 8 2 7 - - G 8 11 - - - ?> 4 1 3 - l:J 4 •> '} _ 1 11 -34 - 3 G - i; 8 Admiralty.'] 604 Drawino; bill of costs and eojiy, copy for taxa- tion (folios ;!(>) Attending lodging costs and bespeaking ap- Itointment to tax ..... Attending taxing ...... Subsequently attending agreeing costs as taxed Calculating and agreeing interest . Having received che(jue, attending giving receipt Term fees, letters, and messengers . ] 10 ;; 4 i;5 -1 (; H G 8 - i; 8 :\. CLATMAXTS roSTS TX ACTTOX OF TJMITATIOX OF LIABILrPY. l>ET\vi:i:x The • The Railway Company, Plaintiffs, AXl) Shipi)iiig Company and others, Defendants. ,s. d. (; 8 (i 8 :i c 8 2 - 1 - TRINITY SITTINGS. £ 181)3. Se]tt. 12. Instructions to ajtpear and claim . , - Attending searching and obtaining information as to the proceedings ..... "Writing ^Messrs.— — ■ and Co., plaintiffs' solicitors, for a copy of the writ to enable us to a])pear Attending entering a] )j)earance .... l^aid fee ........ Copy in-fficipe for Admiralty registry Xotice of appearance and service on adverse solicitors Calculating amount of plaintiffs' statement of liability Instructions for claim on behalf of the Alarine Insurance Company .... Perusing vouchers in support (folios (I) . ]\[aking copy to keep .... Drawing claim ..... Fair copy Instructions for atlidavit in sujiport of claim Drawing same ..... Engrossing ...... Attending de})onent to be sworn Paid oath ...... Instructions for claim on behalf of ^Messrs. A. B. and Co (") shipments) . . . . . . . . - 1 Perusing vouchers in support (folios lO) IMaking copy to keep .... Drawing claim ..... Fair copy ...... Instructions for affidavit in support of claim (Drawing, etc., as above.) Preparing authority for payment out and attending ob- taining signature . . . . . . .-(58 Athniralty.'] G03 £ .-?. il. Oct. ;5. Attending searching and obtaiin'ng particuhirs of amount paid into Court -08 Paid fee - 1 - Calculating and checking amount of interest iiichided .-OH Preparing authority for payment out of amount (Uie to ■ ]\Iarine Insurance Company and attending the secretary obtaining his signature . . . . - C s !). Attending J\ressrs. C. 1). and Co. taking instructions to put forward a claim on their behalf and conferring .-('.« Instructions for claim on behalf of INIessrs. and Co _ - C. .s Perusing vouchers in support (folios :^0) . . . .-(is Making copy to keep - (I s Drawing claim . . . . . . . .-;">- Preparing authority for payment out of amount found due to them and attending Mr. therewith to obtain signature . . . . . . .-OS (Instructions for affidavit in support of claim and drawing, kc, as above.) Sittings' fee - 1") - MICHAELMAS SITTINGS. Nov. 11. Attending summons by ]\Iessrs. for extension of time for claims, order made for 1 month . - C S IP). Attending filing claims and affidavits . . . - G 8 Paid fees Notice of filing copy and service on adverse solicitors . - 4 - (The like on each other party necessarily served.) Demand for copy claim filed by J\Ir. and attending . . . -4- Paid for same - P> 4 Perusing . . . . . . . • . - ;> 4 (The like charges for copies of any other claims hied.) 20. Attending jNIessrs. • 's summons to appoint reference, order made . . . . . . . - G 8 Attendhig in the reference room when the loth January was appointed ........ ]\Iaking estimate of value of the • • (ship) when it appeared unnecessary to obtain evidence . . . - 13 4 18i)4. Jan. 1. Attending Mr.- -obtaining informa- tion as to the salvage realised from the cargo and ascertaining that nothing further would now be salved .-08 5. Long attendance in the registry inspecting claims filed, perusing voluminous vouchers, and making notes to save expense of bespeaking copies ..... 1 P.. Further long attendance completing inspection . .•2 2- Demand for copy claim filed on behalf of the passengers , - 4 - Paid for same . . . . • • • . - 4 - I'erusing . . . . . • • • .-4- Sittings' fee - IT) - HILARY SITTINGS. 15. Preparing for and attending conducting reference without counsel 11- - 8 Admiral fy. J GOr. r.). Attending; bespeakinu- and allerwards obtainini^ Rejiis- trar's report Paid for same ......... Perusinir same ........ Instructions not to object ...... ■J^K Calcnlatimr the jiroportion of fund dne to our parties and attending- the various solicitors agreeinj^ same Attending Afcssrs. and, at their request, arranging to take tiicir proportion out of Court to save the expense of a separate application ..... The like on ^leesrs. and Co. 23. Attending and obtaining certificate of fund in Court Paid search Summons for payment out of Court of our parties' share ( 'opy fur the Judge ....... I*aid stamp and for order ..... Copy and service of summons on adverse solicitors . The like on each of the other solicitors concerned I'D. Attending our summons for payment out, order made The like on lilessrs. ■ — 's summons Copy order as to our proportion and service on adverse solicitors ........ The like on each of the other solicitors . ;-)(>. Attending besjieaking payment order Paid ]>oundage ....... Attending lodging order and bespeaking cheque Fel). 1. Attending obtaining cheque from Paymaster •J. Attending ^\r. handing in cheque for his client's proportion and taking receipt . The like attendance on INIessrs. Attending obtaining consent for vouchers being taken off the file Attending obtaining vouchers and giving receipt Paid fee ......... 4. Drawing costs and copy and copy for Registrar (folios at l.s. per folio) Attending lodging ....... Service on adverse solicitors ..... Attending taxing ....... Attending agreeing ...... H. Attending adverse solicitors on their handing us cheque for costs and giving them receipt .... Sittings' fee liCtters, &c. ........ Paid taxing fee ...... . £ s. - C - c. 1 1 - c - c C 8 8 ;] 4 1 - •* — 2 _ 8 - ('. 8 (; 8 :3 G 3 (5 3 4 C 8 13 4 G 8 3 4 5 - 3 4 •J G ]() - G 8 G 9 1.") - 10 G Admiral tij.'] CUT I'l.AIXTIFFS' COSTS OF ACTinX I'oK DA.MACE To 'VWVAW VESSEL I5Y REASON OV A <'OEEIS|().\ W ITIl DEFENDANTS' VESSEL — TIUAL — liEFEK- ENCE AS TO DA.MACES— 11I(;I1EII SCALE. Between The Owners of The Owners of ANi> -, I'laiutiffs, -, Defendants. TRINITY SITTINGS, 189 . July I'd. Instructions to sue Attendinfj enteriut;- caveat against tiie arrest of Lhe plain- tiff's vessel ....... l*aid stamp thereon Attending issuing writ Paid stamp thereon. ..... Copy for service ...... August ;;. Attending adverse solicitors with undertaking to put in bail within a week in consideration of their not arresting the . when they accepted same Attending issuing summons fcir leave to examine witnesses Paid stamp thereon ....... Copy for Court ....... Copy and service ....... 10. Instructions for affidavit in support of summons Drawing same. ....... Engrossing n. Attending Mr. A. at Mr. W.'s ottice reading same to him, when he was sworn thereto before a commissioner, and paid oath ....... Filing affidavit ....... Copy for adverse solicitors ..... Attending summons, order made for examination Paid for (irder . ....... Copy and s(;rvice ....... Instructions for statement of claim .... Drawing same. ....... Attending ^Mr. S. feeing him to settle same Paid his fee and clerk ...... Attending him on the settlement thereof . Instructions for and drawing preliminary Act . Copy for printer Attending filing same, and paid .... Drawing paper for commission for bail and attendance \-J. Paid stamp thereon ...... Further attendance for commission under seal . Paid stamps thereon Filling up bond and affidavits . . . . • Attending engaging examiner for the examination of our witnesses ■S'. (t. ]:i 4: i; « Li 4 10 - 2 — 8 i; 8 ■> — 4 ('} (') 8 1 8 s 2 2 i; 1 8 C 8 - .) — 1 - i; .s 4 (') C. s i; s a 4 11 8 Ci 8 5 - ('> 8 l;{ i; - G 8 AthniiaUij.'\ G08 and Drawiup: notice of production of witnesses Copy .and service on adverse solicitors Attendintr the sureties when commission executed Taid commissioner's fee .... Drawing- notice of bail ..... Copy and service ...... 12. Attendin<]f to be sworn and paid oath Drawinjr, filing commission, notice and affidavit attendance ...... Paid stamps thereon Attending issuing summons for preliminary Acts to be filed J*aid stamp ....... Copy and service ...... Attending in the Admiralty registry conferring with the clerk thereon and arranging for summons to be taken before vacation .Judge ....... Attending summons by consent on order for preliminary Acts to be filed and opened for the purposes of examina- tion, and that plaintiffs file statement of claim Paid for order ...... Copy and service ...... Copy statement of claim for adverse solicitors . Attending them therewith .... "i'l. Perusing letter from adverse solicitors for our consent to the sale of the defendants' vessel by the Court and attending ^fr. AV. thereon, and he instructed us to agree thereto ....... Writing adverse solicitors accordingly Copy preliminary Act for adverse solicitors Attending them therewith .... 24. Perusing defendants' preliminary Act Instructions for brief on examination of witnesses Drawing same (folios ?)(>) .... Copy for Mr. P The' like of the preliminary Acts The like of the log-hook .... Attendance on Mr. P. with brief and papers Paid his fee and clerk Attending appointing conference Paid him conference fee and clerk . Attending conference ..... Attending engaging interpreter Perusing and considering report of survey Copy for counsel ...... Copy to keep Attending examination of plaintiffs' witnesses before examiner, conducting same till arrival of counsel, and afterwards with him ....... 28. Paid interpreter for attendance . . . . 2'J. Perusing letter from adverse solicitors as to amount of security for costs required by them and writing them in reply Sept. 3. Writing adverse solicitors suggesting that they apply at once for sale of vessel . . . . £ . c. - :5 4 - c s ~ i> « _ (I 4 . - :\ 4 , - /> 4 . 4 4 - . 1 1(» - . - 10 - . - (5 8 . - 3 4 . - 8 T) 10 - . - 8 . 1 (') - , - i:; 4 - i; 8 . - 5 - - 5 - . - 5 - - ?> 6 -36 i; s s 4- .") S s i; K K Admiralty.'} GO!) £ .s Messrs. P. having proposed that the vessel should bo sold by private contract, and not by the INIarshal, writing ^\v. W. thereon and advising that he should assent to tlie same . . . . . . . . . - '. Perusing letter from adverse solicitors pressing for our farther bail, and that we should inform them as soon as we had information if we would give bail for the amount of their claim (£(i,')(>0) . . . . . - : 12. Attending ^[r. "\V., the examiner, paying his fees as examiner, and paid him . . . . . .111 Attending registry bespeaking office copy transcript of evidence ......... Paid for same and collating ...... Perusing and considering same ..... Attending Messrs. P. informing them we would give farther bail to the action ...... Drawing paper for commission for bail and attendance Paid fee thereon ........ Attending obtaining commission under seal Paid for same ........ 18. Attending sureties severally executing the com- mission . . . . . . . . .-]'■> -i Paid commissioner's fee . . . . . . .11- Perusiiig summons for sale of .... Drawing notice of bail ....... Copy and service ........ Attending being sworn and paid oath .... Attending filing commission, &c Paid fee thereon Copy transcript of evidence for printer and attending collating .......•• Paid printer ......... 24. Attending issuing summons for names and addresses of counterclaimants . . . . • • . - C S Paid for same ....... Copy and service on adverse solicitors 27. Attending summons, order made . . . • ~ '_' Paid for order ........ Copy and service on adverse solicitors . . . • Attending ilr. W. informing him that summons for sale of ship was by agreement to stand over until next week - (■) 8 Oct. 4. Writing ilessrs. P. urging them to comply with order to set out names of their parties . . • - •"' '*' Attending adverse solicitors with prints of our evidence - 2 ('. Attending filing 1(» copies . . . . : . • ~ ^'' ^ C. Perusing particulars furnished by adverse solicitors under order, but same were not complete . . . - ;! 4 Writing them to comply with order by adding descriptions of parties . . . . . • • • .-hi* Perusiug and considering statement of defence and counterclaim • . - l-'» 4 Perusing and considering further particulars of claimants and clefendants . . . . • • • .--54 ^> 4 '•> 4 4 i; (; (i s 8 ■} 8 7 4 — .> — - 4 C - 4 (; J.r R R Ailmiraltij.'] 610 £ s. d. 18. Perusinti- letter from Messrs. V. refusiuj; to give security lor costs, and requirintr us to apply for a summons, and attendinu' issuing' summons . Paid for same ........ Co]»y and service ........ l^erusini;- attidavit in support of summons for sale of vessel AttendiiiLi" summons when sale ordered .... '2ij. Attendinii- summons for security for costs, when Registrar, on hearinir both sides, directed such security to be given Paid for order ....... Copy and service ....... Attendimr issuing summons for discovery Paid . . ' . . . . Copy and service on adverse solicitors Attending summons for discovery, order made Perusing summons by defendant for discovery . Attending consenting to order for discovery by plaintitfs I'aid for order on our summons .... Cojiy and service on adverse solicitors Nov. 1 . Instructions for affidavit of discovery . Drawing same ....... Engrossing for swearing ...... Sittings' fee ...'... . MIC HA EL -V.4 S SITTING S. Nov. ?i. Perusing ^lessrs. B. Brothers' undertaking for bail for costs Writing adverse solicitors, in answer to their inquiry, that we expected daily our attidavit of discovery, and further that ^Messrs. B. Brothers' undertaking was satisfactory Instructions for reply ..... Drawing same Copy to deliver Attending delivering same .... Notice of trial, copy and service on adverse solicitors Attending setting down cause for hearing Paid Drawing pra3cipe for Trinity Masters and attendance Paid AVritiug adverse solicitors that we would consent to 24th instant for hearing . . • . ]."). Copy pleadings and preliminary Acts for printer Attending examining ..... Paid fees and collating ..... Paid printer Attending adverse solicitors with copies . Attending filing same Attending Messrs. with log-book of - to translate ....... Paid for translation Instructions for brief (discretionary) Drawing same (folios at Is.) . Copy for ]\Ir. B. (at -id. per folio) . the 4 (•) 8 4 G « (*> 8 T) - i\ <; <; 8 8 - 4 (') 8 1 8 i'< 8 1 15 - i;; - 10 4 - 1 - - i; s - 4 - - (5 8 '2 — - - ('» 8 - 10 - — o — 7 - - C. 8 — .) 1 -2 il _ •} (*> - C. S - c. 8 1 10 - Admiralty.'] on Copy of print of evidence and pleadincrs to accompany (folios 17<0 ..... Like of documents ...... Attendiiif; ]\rr. ?> " Paid his fee and clerk . . . . Copy brief for Mr. P. (at Ail. ]»er folio) . The like of evidence and pleadings . The like of documents ..... Attending; Mr. P Paid his fee and clerk ..... Attendinu- ^fr. P>. and feeini;- him for consultation J*aid his fee and clerk ..... liike attendance on ^Mr. J\ . Paid his fee and clerk ..... Attending on adverse solicitors and arranging an appoint meut for mutual inspection, notwithstanding that affi davits of discovery had not been exchanged . Attending inspecting adverse solicitors' documents . Attending on adverse solicitors insjtecting our documents Drawing notice to produce .... Attending serving same ..... Attending notary with documents for translation Three copies of affidavit of dif^•covery for counsel and use Perusing adverse solicitors' affidavit of discovery Paid for copy log and perusing .... Attending hearing, cause heard and postponed for jud ment ......... Attending Mr. B. and feeing him to attend judgment Paid his fee and clerk Like attendance on ]\Ir. P. .... . Paid his fee and clerk Attending Court, judgment given, the defendants' ship found solely to blame, and her owners condemned in costs Attending ^Fr. AV. informing him thereof Paid Trinity ^Masters and attendance Paid shorthand writer ..... l\'rusing and considering accounts and vouchers Instructions for claim ..... Drawing same ...... Writing adverse solicitors for their consent to our receiving the balance of the sale of the out of Court, informing them that our claim would far exceed it Attending entering caveat against payment out of proceeds Paid fee thereon ...... ■2\. Engrossing claim ..... < "opy for adverse solicitors .... Like of vouchers Dec. 7. Attending issuing summons for leave to file claim Paid stamps Copy and service ...... Attending summons, order made Copy and service of order .... 21). Attending serving adverse solicitors with copy claim and vouchers ........ £ s. ,1. ■J -J <; - i;; 1 I 4 iM 1.". - i; - ];; 4 1 1; .■) - - ('. 8 ■2 7 - I ;; K (i - <; 8 - c 8 - c. 8 — / i; - ](l - - C 8 - :5 4 i; 8 4 C - C 8 :; 4 '.) 4 •) _ 1(1 4 - C 8 - - - i; — ."» _ -> 1 1.". - c. - K - 4 - C. 1{ R Athiiirallij.'] G12 Attendinjr filin^^ claim and vouchers, and minutes thereon Paid fee thereon Jan. 4. Attending' setting' down reference Paid fee thereon Attending in the registry mal — h - i; — ,"» - (') — ;") .'> 7 •2 11 - C - 4 1 () * As to charges for attending counsel, paying fees on higher scale, see p. 33. AilmiraUy.'] C,\?> Attendino; aj^reeino- amount of taxed costs Attendin.u- receiving- same and ti-ivinu- receipt Term fees ...... Postaii-es and petty expenses Ta.xinii- fee OuTPORT Expenses : Agent's Charges. 189 . An-;-. 2(;. A boat from the roadstead to Two carriag-es from to the railway station Dinner for the mate and me . Dinner to 2 seamen .... Four railway tickets from C'ardiif to London Refreshment durinu; voyage and supper . Two cabs from railway station to the hotel 27. Carriag-es ..... 28. Carriages ...... Expenses during the return A cab at Cardiff for me ... 28, 2'.). Lodging at Carditf for me . Railway tickets London to Cardiff . Cab for the mate from hotel to railway station Hotel bill in liondon for mate and me Omnibus at Cardiff for the crew Boat hire for the crew .... Boat hire for me and back Boat for me in the morning . Paid pilot for taking charge of ship for 4 days, absence of master and crew- Agency ....... n the £ .9. d. - (•) H - i; 8 1 10 - - (I - 1 - - 10 - s c. 17 4 (; 1 IT) V.) 1) 10 c k; - 14 10 1.") _ 1 - - -IT) - DEFENDANT'S COSTS— ACTION ON BILL OF LADING, SUBSEQUENTLY TRANSFERRED TO QUEEN'S BENCH DIVISION— JUDGMENT FOR PLAINTIFFS REVERSED IN THE COURT OF APPEAL AND COSTS IN THE COURT OF APPEAL. Between, &c. HILARY SITTINGS, 1890. March 1. Instructions to defend . Attending giving undertaking to appear 7. Attending entering appearance on behalf of defendant Paid . • Notice, copy and service .... 11. Perusing statement of claim (folios ;]1) . .S-. d. i; 8 (". 8 (■) 8 - 10 4 A(lmir(ilt[i.'\ t'il4 I- .^. il. £ .9. (I lo. Notice to adverse solicitors for appoint- ment to inspect the bill of ladinfj referred to in statement of claim, copy and service . - -4 - 15. Attending adverse solicitoi-s on their givinu: us inspection of bills of lading and taking extracts tlierefrom .... - C 8 Summons for particulars of various items in statement of claim ..... - 8 - Copy for rhaml^ers ..... - 2 - C^opy for service ...... - I - Service ........ - :^ ("> Paid fee on issuing . . . . . - ?> - r.». Drawing and fair copy consent to time to deliver defence and obtaining adverse solicitors' signature thereto. ... -08 21. Writing adverse solicitors that we found the plaintifis were resident out of the juris- diction, and that we should require surety for costs to the extent of £;;(>(), and request- ing to know whether they were prepared to U-ive same, otherwise we should issue a sum- mons ....... - .J ti Instructions for brief in support of summons for particulars of items mentioned in statement of claim, drawing same, and fair copy - 8 Copy summons fur purciculars ... - 1 - Attending counsel therewith .... - (> 8 Paid his fee and clerk 2 4 ('. 22. Attending summons for particulars, order made as regards certain particulars, and counsel certilied for ..... - (» 8 2.'). ( )rder, copy and service . . . .-[>-- y> i'> Having received undertaking from adverse solicitors to give security for costs for £o(H> if requested, attending stamping same and paid Summons for time to deliver statement of defence, copy for Cham])ers and for service Service, paid fees on issuing . . . . - G - 28. Attending searching if plaintiff's affidavit of documents filed, found it was . . - 8 4 Demand for copy, copy and service . . - 4 - Perusing and considering same ... - 4 - April 2. Attending summons for time to deliver statement of defence, order made until after particulars delivered, costs in cause ....... - 8 Attending plaintiff's summons for discovery, order made ...... - (> 8 Attending summons that plaintiff" be at liberty to prove his title by affidavit, order made . Notice of appeal against decision, copy and service 3 10 8 (; C 8 4 - Admiraltij.'] i; 1 .') 1). Drawing and fair copy consent for further time to file defendant's affidavit of docu- ments and attending obtaining adverse solicitors' signature thereto, costs in. cause Sittings' fee £ s. (I. £ s. d. - c. - 15 EASTER SITTINGS. 12. Drawing and fair copy consent to 4 days' further time to file affidavit of documents and attending obtaining adverse solicitors' signature thereto, costs in cause 14. Instructions for brief to counsel on appeal against llegistrar's decision giving leave to prove means by affidavit Copy order appealed from Notice of appeal .... Attending .Mr. therewith Paid his fee and clerk . 15, Attending summons on appeal againsL Registrar's decision as to proving title to sue by affidavit, when appeal allowed, costs to be 'defendant's in any event, and counsel certified for .... 1(). Order, copy and service . Instructions for statement of defence Drawing same .... Attending counsel therewith . Paid his fee and clerk . Instructions for interrogatories Drawing same (folios 10) Attending counsel therewith . Paid his fee and clerk . Instructions for defendant's affidavit of docu ments ..... Drawing same (folios 2 (J) Engrossing ..... Attending deponent to be sworn . Paid oath Attending filing .... Paid .' Copy for adverse solicitors 22. Engrossing statement of defence Attending delivering 2:5. Summons for directions . Copy for Chambers Copy and service .... Paid fee on summons 20. Attending summons for directions, same adjourned .... May 1. Notice to adverse solicitors that they could have inspection of documents on ]\Iondav next at 2 o'clock . . . . 2 4 G 4 ('. 2 4 (5 1 (! 2 G 10 - -68 - G 8 - 1 - - 2 - - G 8 - G 8 - H G - G 8 - 10 - - G 8 - G 8 - 10 - - G s - G 8 1 G - - 8 8 - G 8 - 8 - 8 - G — t) — Admiralty.'] 616 £ s. (I £ .s. d. Copy and service - 4 - ?i. Attending adjourned suniiiions for direc- tions, same adjourned until "Wednesday next, so as to consider certain points of law and for attidavit in support of plaiiitilf's application for order to examine witnesses . - (5 8 r>. Attending- adverse solicitors giving them inspection of defendant's documents (en- gaged long time) . . . . . - 13 -4 7. Attending defendant's summons for leave to administer interrogatories, same ad- journed until Saturday next to consider Avbether points of law could he disposed of in tirst instance ...... _ c, s Attending adverse solicitors' summons to ex- amine witnesses, order made ... - (", S Perusing affidavit in support .... - 1 - Perusing and considering reply ... - (I 8 AVriting adverse solicitors that we observed in the affidavit in support of summons for leave to examine witnesses that the name of the witness was not mentioned and re- questing them to let us have the same . - ?> 10. Attending plaintiff's summons for leave to deliver interrogatories, order made . . - (i 8 Attending defendant's summons for directions, order made ...... -OS Paid for order . . . . . . - 5 - Copy and service ...... - •> *> 12. Engrossing interrogatories (folios 10) . - •"> -1 Service thereof - 2 (> Instructions for Itrief on examination by plaintiff of second engineer, including peru- sal of voluminous documents and attend- ances on various persons obtaining infor- mation ....... - 1 :) 4 Drawing same (folios 70) . . . . '^ \() Fair copy 1 •» Attending Mr. • — — , Q.C., therewith . - ''i 8 Paid his fee and clerk .'» 1 - Perusing notice of intention to examine second engineer to-day ...... 15. Attending examination when witness partly examined ..... II- Attending counsel with further instructions . - C 8 Paid his fee and clerk •> •"» t"' 10. Attending examination of witness (en- gaged ?> hours) ...... 11- Paid for prints of pleadings . . . . - 15 - Summons to transfer this action from Admi- ralty to Queen's Bench Division ... - ^^ Copy for Chambers ..... Copy and service ...... Paid issuino; - ?, - 4 -> Admiraliy.'] G17 .£ .s. d. £ s. d. \?> 4 Notice to adverse solicitors for appointment to inspect further documents, copy and service ....... - 4 - 21. Instructions I'ur brief to counsel on sum- mons to transfer tins action to (Queen's 15fncb Division ...... Drawinii' same and fair copy .... - C K Copy summons to annex .... - 1 - Attending counsel therewith .... - i\ >i Paid his fee and clerk . . . . . 2 4 (I 24. Having received plaintiff's interroiratories, periisiuii- and considerinu- same (folios ^M) . - 1 2 4 Attendimi- adverse solicitors on their givini,^ us inspection of documents scheduled to affidavit of discovery . .... - 13 4 Instructions for affidavit in answer to interro- 8 Paid his fee and clerk . . . . .240 Sittings' fee - 1 o - TRINITY SITTINGS. 30. Instructions for case to counsel to ad- vise on evidence, drawing same, and fair copy ... Attending him therewith .... -08 Paid his fee and clerk . . . . . 2 4 (5 June 3. Attending summons to transfer this action to Queen's Bench Division, order made, counsel certified for ... . - '» S Paid for order - 5 - Copy and service ...... -30 Attending plaintiflF's solicitors conferring and giving them consent to time to file answers to interrogatories ..... -(58 Drawing and fair copy consent to time to answer interrogatories and attending obtain- ing plaintiff's signature thereto . 5. Summons for commission to New Orleans, copy and service ..... Copy for Chambers ;i. Instructions for affidavit in su]iport of sum- mons for commission to New Orleans . Drawing same (folios (S) .... Engrossing ....... Attending to be sworn ..... ^larking 2 exhibits ..... Paid oath and exhibits . . . . • - Paid filing - Copy for plaintift"s solicitors .... Attending summons forcommission, order made fir examination before a special examiner . Paid for order . . . . . • - 8 — 1 - ('> 8 _ u 2 _ - (*> 8 - 2 - 8 Athniralii/.] G18 £ s. d. £ s. (J. Copy and service* -:'>{', 1-1. AVritintiffor time to answer plaiiitifl's iiiter- roti'atories ....... _ ;; o llaviiiu" received plaintitr's summons to try question of lial)ility in first instance, in- structions for brief to counsel, drawinii- same, and fair copy ..... -08 Copy summons for counsel .... - 1 - Attendinii- counsel tlierewith .... -08 Paid his fee and clerk . . . . . 'J 4 C, AttendiuiT summons to try (juestion of liai>iliry in first instance, same adjourned . . - 8 "WritiiiLi' adverse solicitors acknowleduinu' re- ceipt of their letters, and that we would meet them on the return of the summons and arrange as to the order for examination of witnesses ...... 2P>. Attendinir summcjiis for time to answer defendant'.s interrouatories, same adjiturned generally, plaintiffs statinji' that they would require further time and would send us mutual consent in a few days ... - 8 25. Attending adverse solicitors giving them consent to 14 days' time to deliver answers to interrogatories ..... -OS Drawing and fair copy consent to time to deliver answer to interrogatories and attending obtaining adverse solicitors' sig- nature thereto ...... - (> 8 Attending summons to try question of liability first when order refused .... - 8 July ."i. Having received admissions from defendants' solicitors, perusing and con- sidering same (folios 70) .... - lo 4 Drawing and fair co]iy consent for time to answer interrogatories and attending adverse solicitors obtaining their signature thereto ....... -(18 Attending plaintiffs giving them like con- sent ....... - 8 22. Drawing and fair coi)y consent for 14 days' time to file answers to interrogatories and attending adverse solicitors and obtain- ing their signature thereto .... Attending adverse solicitors giving them like consent ....... August 2. Instructions for admissions of fact as to ownership Drawing same (folios 0) .... * In consequence of admissions, it became unnecessary to act upon this order. For charges for obtaining evidence on such an order sec p. G08. 8 8 Adiniraltij.'] Git) £ s. (I. £ s. d. Two fair copies - A - Attending adverse solicitors therewith ex- chant;;ing signed admissions signed by tliem ' . . - f; S Engrossing affidavit in answer to interroga- tories (folios r.t) - C. \ 5. Attending deponent to be sworn . . - C « Paid oath ' - 1 (; 11. Attending searching if defendant's inter- rogatories were filed, found they were . . - 3 -t Demand for copy further prints, copy and service - 4 - Paid for same -7-4- Perusing answers to interrogatories . . - 7 4- Paid filing answers to interrogatories . . - 2 G Copy for printer .... . -04 Attending him therewith .... Revising proof ...... - y 2 Attending printer with revise Paid printer's charges (less received) . . - 10 3 Sept. 2;5. Adverse solicitors having sent us transcript of evidence in order that we might agree portions to be printed in order to save expense of printing all, perusing and considering the evidence (folios 200) and marking parts to be printed for trial ....... 2 2 - Oct. 24. Attending adverse solicitors con- ferring as to this matter and as to certain admissions of documents which they re- quired and arranging generally as to course to be pursued ...... "Writing adverse solicitors returning transcript of tiie evidence and fully as to the necessity for printing same and thereon . Xov: 1 . Attending searching if this case set down for trial, found it was Demand for prints of extract from transcript of the evidence of one of the plaintiff's witnesses, copy and service Paid for prints ....■• -ill Perusing and considering plaintiff's notice to admit _ • - (> 8 Perusing and considering plaintiff's notice to produce ....••• Drawing defendant's notice to inspect and admit (folios 20) Fair copy Service - 2 i, Drawing defendant's notice to produce (fo- lios '.)) Fair copy Service Sittino's' fee 8 ;} G 3 4 4 - G 8 1:5 4 c. s <; - - ij - Aihnircdlij.'] i'>2o HILARY SITTINGS, 1801. £ .v. (/. £ S. d. is'.H. Feb. IS. Attendinlii) . . 10 ^'> Two fair copies further correspondence (folios 75), each • - 1" Two fair copies admissions by plaintiff (folios 70) Two fair copies transcript of evidence of one of the plaintiff"s witnesses (folios lo) Two fair copies defendant's admission of facts (folios 0) Two fair copies supplemental documents referred to in contract of sale (folios - 17 4 - - -1:3 4 1 4 - -04 - 8 - .' 1(» 8 - 4 - 20) - 8 I «; r. - 1 y ( ) - i; :'. 4 - 1 i; H Adiiuralh/.'] C^l £ s. (/. £ .s. //. AttendiDg Mr. , Q.C., with 1 copy, brief, and papers - 1 ;^, 4 Paid his fee and clerk -J] \:> - Attending appointing consultation . . _ c k Paid li is consultation fee and clerk . . -J 7 - April (I. Attending ]\lr. — ■ — with brief and papers ...... _ (; >s I'aid his fee and clerk ..... Paid his consultation fee and clerk Attending consultation Attending paying ]\[r.- , Q.C., sittings' refresher fee ..... . Paid him and clerk . . . . .240 Attending Mr. paying him sittings' refresher fee _ p, 4 Paid his fee and clerk 1 ;> (I Drawing fresh observations to counsel on documents obtained ..... _ o s 7. Two fair copies _ 4 ._ Attending counsel therewith .... Writing ^Nfessrs. and Co. requesting them to arrange for Captain 's at- tending here on Monday morning next . - ;> (I Writing ^fr. that this case was post- poned until Monday .... ~ y> (j Writing j\Ir. that case had been postponed until Monday next, and that if there was any possibility of his being too ill to attend on that day requesting him to let us know, so that we might apply for post- ponement ....... - ;! (; Sittings' fee - IT) - EASTER SITTINGS. 11. Telegram to J\Iessrs. ■ and Co. as to Orleans paper we required containing certain advertisement and requesting them to en- deavour to obtain same for us , Notices to witnesses ..... - s - Attending Court all day, when case in paper, but not reached - 10 - 15, Attending Court all day, when case part heard and adjourned l(t.;5(» till 4, and clerk's attendance ...... o ;> - Attending Mr. , Q.C., paying refresher - (! 8 Paid his fee and clerk 1 1 - - Attending IMr. with refresher . . - (J Attending Mr. with sittings' re- fresher ...... Paid his fee and clerk 1 .5 C Term fee MICHAEL MA S SITTINGS. Nov. 4. Drawing and fair copy certificate as to advisability for Judges' notes herein being forwarded t(j Court of Appeal . Attending ]\[r. — obtaining his sig- nature thereto ...... >\ >L )-2 10 - •J] 1 .» — ;5 i; :; 4 c s 4 - ;5 4 (•) s C. 8 L> ('. (; 8 4 - li> _ 12 - ]U - ].'> _ l;i 4 l:'. 4 ■> - s - 12 S i;; 4 (i 8 i; S - C 8 :) 4 -08 Admiralty. "] 023 Attendin*;- lodj^ang same with Lords Justices' clerk, when he stated that necessary notice would be sent to Mr. Justice Attendiii days .... Drawing bills of costs and copy for service (folios (13). ... Attending lodging and obtaining an appoint- ment to tax Notice, copy and service Attending taxing . Paid taxing .... Term fee ... • Messengers, postages, telegrams, &c. £ s. d. - c, s -13 -1 - 12 C. -10 - - 3 4 2 (; C 12 10 3 4 4 - •> _ 1.') - •> _ XII. COSTS IN BANKHUPTCY. Thu 10:>th section of the Pjankruptcy Act, iss;',, enacts that, subject to the provisions of that Act and to <>L'neral rules, the costs of and incidental to any proceedings in Court, under that Act shall be iu the discretion of the Court, provided that where any issue is tried by a jury the costs shall follow the event, unless upon appli- cation made at the trial, for good cause shown, the Judge before whom such issue is tried shall otherwise order. By the 7;5rd section (1) of the same Act, where a trustee or manager receives remuneration for his services as such, no payment shall be allowed in his accounts in respect of the performance by any other person of the ordinary duties which are required by statute or rules to be performed by himself. (-J) Where the trustee is a solicitor, he may contract tluit the remuneration for his services as trustee shall include all professional services. (:5) All bills and charges of solicitors and other persons not being trustees shall be taxed by the prescribed officer, and no payments in respect thereof shall be allowed in the trustee's accounts without proof of such ta.xation having been made. The Taxing Piaster shall satisfy himself before passin'g- such bills and charges that the employment of such solicitors and other persons in respect of the particular matters out of which such charges arise has been duly sanctioned. (4) Every such person shall on re(iuest by the trustee (which request the trustee shall make a sufficient time before declaring a dividend) deliver his bill of costs or charges to the proper officer for taxation, and if he fails to do so within seven days after receipt of the request or such further time as the Court may grant, the trustee shall declare and distribute the dividend without regard to any claim by him, and thereupon any such claim shall be forfeited as well against the trustee personallv as against the estate. The ]r)th section (;!) of the Bankruptcy Act, IH'.IO, enacts that the sanction required under section 7;! of the Bankruptcy Act, 1SS:5, for the employment of solicitors and others must be a sanction obtained before their employment, except in cases of urgency, and in such cases it must be shown that no undue delay took place in obtaining the sanction. Banlcruptcy.'] 625 Bx^NKRUPTCY RULES, 188G AND 1890. AS TO COSTS. Limit of witnesses' costs. Costs of witnesses. Shorthand notes, &c. Affidavits. ItULE 17. The costs of every affidavit which shah unnecessarily set Costs of forth matters of hearsay, or ar<,mnieiitative matter, or co])ies of or unnecessary extracts from documents, shall he paid hy the party filing the same. ^'^^^'ter. 4S. Fi\-ery affidavit shall he drawn up in the first person, and shall Form. be divided into paragraphs, and every para.graph shall be numbered consecutively, and as nearly as may be shall be confined to a distinct portion of the subject. No costs shall be allowed for any affidavit or part of an affidavit substantially departing from this Ptule. 51. The Court may order to be struck out from any affidavit any Scandalous matter which is scandalous, and may order the costs of any applica- matter. tion to strike out such matter to be paid as between solicitor and client. Witnesses and Depositions. (;4. The Court may in any matter limit the number of witnesses to be allowed on taxation of costs, and their allowance for attendance shall in no case exceed the highest rate of the allowances mentioned in the scale of costs. Co. The costs of witnesses, whether they have been examined or not, may, in the discretion of the Court, be allowed. 07. If the Court shall in any case, and at any stage in the proceedings, be of opinion that it would be desirable that a person (other than the person before whom the examination is taken) should be appointed to take down the evidence of the debtor, or of any witness examined at any pul)lic sitting or private meeting under the Act, in shorthand or otherwise, it shall be competent for the Court to make such appoint- ment ; and every person so appointed shall be paid a sum not exceed- ing one guinea a day, and where the Court appoints a shorthand writer a sum not exceeding >>d. per folio of 1)0 words for any transcript of the evidence that may be required, and such sums shall be paid by the party at whose instance the appointment was made, or out of the estate, as may be directed by the Court. 104. The bills to be taxed by the Bankruptcy Taxing IMasters shall be all such bills of costs, charges, fees, and disbursements in matters under the Act as heretofore have been taxed by the said Masters, and all othei- taxable bills in other matters in which the High Court may exercise bankruptcy jurisdiction, and such taxable bills as may be specially referred to them for taxation by auy County Court, subject to the revision of the Court. Costs. 108, — (1,) The Court in awarding costs may direct that the costs Awarding of any matter or application shall be taxed and paid as between party costs, and party or as between solicitor and client, or that full costs, charges, and expenses shall be allowed, or the Court may fix a sum to be paid in lieu of taxed costs. (2.) In the absence of any express direction, costs of an opposed motion shall follow the event, and shall be taxed as between party and party. What bills Taxing Masters shall tax. J.C. S S Baid'nqiiii/.'] (;2i; Orders to be sealed, signed, and tiled. Taxation of costs. Registrar to tax in person. Scale of costs and charges. Lower scale of costs if estate under £300. Ilctaxation'' of costs when assets realise less than certified amounts. Solicitor's costs in case of petition by debtor. Costs paid otherwise than out of estate. Bills of costs to be filed. (;5.) "Where an ai-tioii is bronnlit airainst an Official Receiver or trustee in l)anki'ni)tcy as representinu- the estate of the debtor, or where an Otlicial Receiver or trustee in bankruptcy is made a party to a cause or matter on tlie ajiplication of any other party thereto, he shall not be ]»ersonally liable for costs uniess the Court otherwise directs. lo'.l. Every order for ]taynieiit of money and costs, or either of them, shall be sealed and be si<:ned by a Rei^istrar, and shall be forthwith filed svith the proceedings. 110. The costs directed by any order to be paid shall be taxed on production of an office copy of such order, and the allocatur being duly stamped shall be signed and dated by the Taxing ^Master or officer. 111. In a County Court costs shall be taxed by the Registrar in person. 112. — (1.) The scale of costs set forth in the Appendix, and the regulations contained in such scale, shall, subject to these Rules, apply to the taxation and allowance of costs and charges in all proceedings under the Act and these Rules. (2.) Subject to the provisions of Xo. I. of the scale of costs, where the estimated assets of the debtor do not exceed the sum of £;)00, a lower scale of solicitor's costs shall be allowed in all proceed- ings under the Act in which costs are payable out of the estate, , namely, three-fifths of the charges ordinarily allowed, disbursements ■being added ; and if in error any charges have been allowed or (paid on the higher scale, and the gross proceeds of the assets shall (be ascertained not to exceed £:i(»o, the excess shall l)e disallowed, and, if paid, shall be repaid to the trustee. 112A. Where the assets of a debtor have been certified under paragraphs {b) or (r) of No. I. of the scale of solicitor's costs as likely or not likely to realise the sums therein mentioned, a nd the gross proceeds of the assets mc after taxation and the payment of tTie~costs, ascertained to \k- less than the amount at which they have been certified, the bill of costs shall, on the application of the trustee, be retaxed, and the amount disallowed on such retaxation shall, if paid, be refunded to the trustee. No fee shall be charge- able on such retaxation. !];>. The solicitor in the matter of a bankruptcy petition pre- sented by the debtor against himself shall, in his bill of costs, give credit for such sum or security (if any) as he may have received from the debtor as a de])0sit on account of the costs and expenses to be incurred in and about the filing and prosecution of such petition ; and the amount of any such deposit shall be noted by the taxing officer upon the allocatur issued for such costs. 114. When a bill of costs is taxed under any special order of the Court, and it appeal's by such order that the costs are to be paid otherwise than out of the estate of the bankrupt, the taxing officer shall specially note upon the allocatur by whom, or the manner in which, such costs are to be paid. 1 1 ."). Upon the taxation of any bill of costs, charges, or expenses being completed, the taxing officer shall forthwith file such bill with the proceedings in the matter, and shall thereupon issue to the person presenting such bill for taxation his allocatur or certificate of taxation, which shall be in the Form No. 1 II in the Appendix. Banlcruptctj.'] 627 lie. Every taxin.u- ofHcer sluill keep a register of all bills taxed Hcgistcr of by him, aceordin.) Where auy such review of taxation as is above mentioned is required to be made by a Bankruptcy Taxing ^Master of the High Court, the Registrar of the County Court shall (if re(]uired by the Taxing ^Master) ibrward to the said Taxiug blaster the bill which is required to be reviewed, and also the file of the pro- ceedings. (4.) The Board of Trade may appear upon the review of the taxation ; and if, upon the review of the taxation, the bill is allowed at a lower sum than the sum allowed by the Registrar of the County Court, the amount disallowed shall (ff the liill has been paid) be repaid to the Official Receiver, or the trustee, or other person entitled thereto. The certificate of the Taxing Master shall in every case of a review by him under this Rule be a sufficient autho- rity to entitle the person to whom the amount disallowed ought to be repaid to demand such amount from the person liable to repay the same. (;").) There shall be allowed to the person whose bill is reviewed such costs of and incidental to his appearance on the review as the Bankruptcy Taxing ^Faster of the High Court shall think proper, and such costs shall be paid to such person out of the estate : Provided that the costs of the attendance of a principal shall not be allowed if, in the opinion of the Taxing Master, he could have been sufficiently represented by his London agent. 12.'t. The assets in every matter remaining, after payment of the actual expenses incurred in realising auy of the assets of the debtor, shall, subject to any order of the Court, be liable to the following- payments, which shall be made in the following order of priority, namely : — Fir.sl. The actual expenses incurred by the Official Fleceiver in protecting the pro])erty or assets of the debtor, or any part thereof, and any expenses or outlay incurred by him or by his authority in carrying on the business of the debtor : Banlcnipky.'] 629 Next The fees, percentages, and charges payable under Table B of the scale of fees, and any other fees payable to, or costs, charges, and expenses incurred or authorised by, the Official Receiver ; „ The fee which, under the Pcale of fees for the time being in force, is required to be artixed to the copy of the cash- book when forwarded for audit ; „ The deposit or deposits lodged by the petitioning creditor l)ursnant to these Eules ; ,, Tiie deposit or deposits lodged on any application for the appointment of an interim Receiver ; „ The remuneration of the special manager (if any) ; „ The taxed costs of the petitioner ; ,, The remuneration and charges of the jjcrson (if any) ap- pointed to assist the debtor in the preparation of his statement of affairs ; „ Any allowance made to the debtor by the Official Receiver ; „ The taxed charges of any shorthand writer appointed by the Court ; ., The trustee's necessary disbursements other than actual expenses of realisation heretofore provided for ; „ The costs of any person properly employed by the trustee with the sanction of the committee of inspection ; „ Any allowance made to the debtor by the trustee with the sanction of the com.mittee of inspection ; ,, The remuneration of the trustee ; „ The actual out-of-pocket expenses necessarily incurred by the committee of inspection, subject to the approval of the Board of Trade. 125a. AVhere, at the instance of the Official Receiver, a shorthand writer is appointed to take notes of the examination of the debtor at his public examination, the costs of such notes shall be deemed to be an expense incurred or authorised by the Official Receiver, and shall be payable out of the estate of the bankrupt in the order of priority in which such expenses are payable under the provisions of Rule VI o of the Bankruptcy Rules, 18. — (1.) All )>roceeding8 under the Act down to and including petition, &c. the making of a receiving order shall be at the cost of the party prosecuting the same, but wlien a receiving order is made, the costs of the petitioning creditor (including the costs of the bankruptcy Security for costs of appeal. Order for extension of time. BanJcniptci/.^ 031 notice (if any) sued out by him) shall be taxed and be payable out of the proceeds of the estate, in the order of priority prescribed by these Rules. (-2.) When the proceeds of the estate are not sufficient for the pay- ment of any costs necessarily incurred by the Ollicial liecoiver (in excess of the deposit) between the niakino- of a receivinj^ order and the conclusion of the first meeting- of creditors, the Court may order such costs to be paid by the party prosecuting the proceedings. Proof of Debts. 231. The Official Receiver shall in no case be personally liable for costs in relation to an appeal from his decision rejecting any proof, wholly or in part. Administration of Estate of Person dying Insolvent. 27H.-When an administration order under section 12.') of the Act has been made it shall be the duty of the executor or legal personal representative of the deceased debtor to lodge with the Official Receiver forthwith (in duplicate) an account of the dealings with, and administration of (if any), the deceased's estate by such executor or legal personal representative, and such executor or legal personal representative shall also furnish forthwith in duplicate a list of the creditors, and a statement of the assets and liabilities, and such other particulars of the affairs of the deceased as may be required by the Official Receiver. Every account, list, and statement to be made under this Rule shall be made and verified as nearly as may be in accordance with the practice for the time being of the Chancery Division of the High Court. The expense of preparing, making, verifying, and lodging any account, list, and statement under this Rule shall, after being taxed, be allowed out of the estate, upon production of the necessary allocatur. Accounts and Audit. 295. "Where property forming part of a debtor's estate is sold by the trustee through an auctioneer or other agent, the gross proceeds of the sale shall be paid over by such auctioneer or agent, and the charges and expenses connected with the sale shall afterwards be paid to such auctioneer or agent on the production of the necessary allo- catur of the taxing officer. Every trustee by whom such auctioneer or agent is employed shall be accountable for the proceeds of every such sale. Trustees. 318. — (1.) Where a debtor is adjudged bankrupt, and a trustee is appointed, the Official Receiver shall forthwith put the trustee into possession of all property of the bankrupt of which the Official Receiver may be possessed : Provided that such trustee shall have, before the estate is handed over to him by the Official Receiver, discharged any balance due to the < )fficial Receiver on account of fees, coses, and charges properly incurred by him and payable under the Act, and on account of all advances properly made by him in respect of the estate, together with interest on such advances at the rate of £4 per cent, per annum, and shall have discharged or undertaken to discharge all guarantees which have been properly given by the Official Receiver Costs of appeals from decisions as to proofs. Duties of executor, &c. Expenses of sale. Discharge of costs, &c., before estate handed over to trustee. BanTcruptcy.'] ca2 for the benefit of the estate ; and the trustee shall pay all fees, costs and charges of the Official Receiver which may not have been discharged l)y the trustee before being put into possession of the property of the bankrupt, and whether incurred Ijcfore or after he has been put into such possession. {■2.) The Otficiiil Receiver shall l)e deemed to have a lien upon the estate until sucli balance shall have been paid, and such guarantees and other liabilities shall have been discharged. Official Rkceivers. ?:.V.). The following provisions shall apply to every case in which proceedings are taken either by action, motion, or in any other manner, atrainst any Official Receiver in respect of anything done or default made by him when acting, or in the hoiuXfido and reasonable belief that he is "acting, in ])ursuance of the Act, or in execution of the powers given to Official Receivers by the Act : — (1.) Subject to the provisions of the next following sub-sections, the costs, damages, and expenses which the ( )fficial Receiver may have to pay, or to which he niay be put under such proceedings, shall be paid out of the estate of the debtor. (2.) As soon as anv such proceedings are commenced it shall be the duty of the Official Receiver to report the same to the Board of Trade, who shall determine whether or not such proceedings shall be resisted or defended. (;5.) The Official Receiver shall not, unless the Court shall otherwise order, be entitled to be paid out of the estate any costs or expenses which he may have to pay or bear in consequence of resisting or defending any such proceedings, unless the Board of Trade have determined that such ])roceedings shall be resisted or defended. (5.) If such proceedings are" commenced before the appointment of a trustee by the creditors, or before the approval of a composition or scheme, the Official Receiver may, before putting the trustee appointed by the creditors or in the case of a composition the debtor himself into possession of the debtor's property, retain the whole or some part of the debtor's estate, according as the Board of Trade shall in each case direct, to meet the damages, costs, or expenses which the Official Receiver may have to pay or bear in consequence of the said proceedings. If such proceedings are commenced after the appoint- ment of a trustee by the creditors, or after the approval of a com- position or scheme, the Official Receiver shall forthwith give notice of such proceedings to the trustee, or other person in whom the estate of the debtor may be vested (including where necessary the debtor himself), and the estate of the debtor shall, as from the date of such notice, be deemed to be charged with the payment of the said damages, costs, and expenses. RULKS UNDER SeCTIOX .J OF THE DEBTORS ACT, ISC,'.), AND Skction ]o;} of the Act. ;:i57. — (1.) When a receiving order is made under section 1(»:5 of the Act, the creditor shall pay the like fee and deposit as are pre- scribed in the case of a bankruptcy petition. :'>(;2. "When a receiviug order is made under section 108 of the Act, the Court by which the receiving order is made, or the Court to which the matter is transferred, as the case may be, may, if such Court is satisfied, by affidavit or otherwise, or by the report of the Banh-uplcy.'] C33 Official Ileceiver of such Court, that the property of the debtor (after deduction of any property in the liands of secured creditors, debts enforceal)le by distraint, the costs of execution under section 40 (1) of the Act, and all debts which under the Act are directed to be paid in priority to other debts) is not likely to exceed in value £;]()•), make an order that the debtor's estate be administered in a summary manner pursuant to section 121 of the Act and the Rules made thereunder. September the 22nd, 1S8C. HALSBURY, C. SCALE OF SOLICITORS' COSTS. I. PETITIONING DEBTOR'S SOLICITOR'S BILL OF COSTS. 1. IX SUMMARY CASES UNDER SECTION 121. £ s. d. (a.) AVhere the assets are certified as not likely to realise £100 :— Instructions for petition, search for prior petition, drawiug- and attesting' i^etition, attendinii' presentation and heariuii- thereof, attendinu' Official Receiver with deposit, on , - As likely to exceed £."»()(>, but not to exceed i'l,()()() .44- £1,000, „ £2,000 . :> :> - ,. £2,oo(», „ £3,000 . <; t; - „ £3,000, „ £4,000 .77- £4,000, „ £5,000 . H S - £.->,( 100, ., £7,r)00 . '.I i» - i;7,:)Oo, ., fio,ooo . lo lo - „ i: 10,(10(1, then the fee shall be in- creased one ti'uinea for every additinnal £i\.")(tO or fraction of £i\.">0(» beyond the tirst »;io,ooo. A certificate of the Official Receiver as to the value which the assets are likely to realise shall be pro- duced to the Taxing- Officer, and the allowance for instructions for petition made in accordance there- with. If the assets realise more than the amount certified by the ( )fficial Receiver, the fees may be calculated accordinf;-ly, and the additional percentage shall be recoverable out of any assets available after pay- ment of all c(>(), „ £2,.'»<><» '2 -J - £l^.'»(|»), ;; ;; - Pi'epann<>' order of adjudication on application by debtor under Rule I'M) 1 - - Attending- Official Receiver on receivinii' order beiny- made, and uiving him all necessary information . . . - l;! 4 Letters, niesseii^-ers, &c. - (i - The charjies under this paragraph shall not be allowed in cases falling under paragraph 1, (a) and {!/). 4. DEBTOR'S SOLICITOR'S COSTS OX FILING A DECLA- RATION OF INABILITY TO PAY. £ s. il. Instructions for drawing and attesting declaration of inability to pay, including affidavit of identity of debtor (where requisite) . . . . . . . - 1 ;^> 4 Attending filing . . . . . . . . - G 8 The charges under this paragraph shall not be allowed iu cases falling under paragraphs 1, («) and {h), or if the debtor subsequently files his own petition. The expense of an assignment shall not be allowed where a declaration of inability would answer the purpose. II.— PETITIONING CREDITOR'S SOLICITOR'S BILL OF COSTS. 1. AVHERE THE ACT OF BANKRUPTCY IS NON-COM- PLIANCE WITH A BANKRUPTCY NOTICE. £ 5-. J. Instructions for and preparing notice, and preparing request to issue . . . . . . . . - 1:5 4 Attending filing . . . . . . . . - ("» S Notice and 2 fair copies . . . . . . . - G S Attending sealing notice and copies . . . . - G 8 Attending Court on hearing of notice and drawing order - 1:> 4 If the debtor sets up a counter-claim or otherwise disputes the validity of the notice, all necessary charges in addition to the foregoing shall be allowed for perusals of affidavits, affidavits in reply, or pro- curing viva voce evidence, and where it is neces- sary to instruct counsel the usual charges for brief and counsel's fees shall be allowed. Banh-itptcy.'] C3G 2. PROCEEDINGS OX TETITIOX. £ s. d. Instructions for petition 1 _ _ Examining particulars of petitiouin"- creditor's account -08 If tlie act of bankruptcy is default made upon a bankruptcy notice issued by the solicitor to the petitioner this last charg-e shall not be allowed. "Where the act of bankruptcy arises under subsections 1 a, I), c, d, e, or // of section 4 of the Act, special attendances (where necessary) to examine witnesses as to the facts they can prove shall be allowed, the charges for which, and for summoninu- witnesses, or for affidavits, shall be in the discretion of the taxin.u- ofHcer according: to the circumstances and where it is necessary to instruct counsel to support the petition, the usual charges for brief and counsel's fees shall be allowed Search for prior petition _ .(] 8 If the solicitor resides at a distance : — "Writing agent to search for prior petition . . - 8 (I Agent's writing result of search . . . . - :! (J Drawing bankruptcy petition - 10 - Engrossing, where the petition exceeds 7 folios (per folio) - - 4 Attesting signature of each petitioning croditor, except where petitioners ai-e in partnership . . . .-08 Where petitioning creditor is a company or corporation with seal ." . . . - lo 4 Drawing and fair copy affidavit verifying petition . . - ;:} 4 Attending petitioner to be sworn . . . . .-08 Two copies of petition for sealing (per folio) . . . - - 4 Preparing sul)pa'na and serving witnesses, or arranging w'ith witnesses for their attendance on ]ireseiitation of petition when necessary . . . . . . - lo 4 Payment of witnesses {see Scale in Xo. Ml.) p. 041. The petitioning creditor shall not be regarded as a witness ; he shall not be paid for loss of time, but shall be allowed liis expenses of travelling and subsistence. Attending Official Peceiver with deposit . . . .-(58 The amount of deposit is to be charged in the peti- tioning creditor's bill of costs. Attending on presentation of petition and investigation of the statements therein by the Court, and for clerk 1 - - Attending by agent . . . . . , . 2 - - "Where the solicitor resides at a distance from the Court his travelling expenses may be allowed, provided the total charge does not exceed costs of attendance by agent. Drawing order for hearing petition . . . . - o 4 Service of })ctition {see Scale in Xo. YI.) ]i. 041. Affidavit as to act of bankruptcy, including di'awing and attending swearing - 8 Affidavit of petitioner's debt, including drawing and attending swearing .-08 Banh-iiptcy.'] 007 £ s. d. Where the debtor consents to an immediate receiving- order, and does not employ his own sohcitor : Drawing' and attcstin,t>' consent, includinj^- at1ida\it of identity (when requisite) : — "Where the assets are cei'tified — As not lilcely to realise ii.'jOd . . . i i _ As hkely to exceed £.")()() but nuc to exceed £1,000 1 n (; As likely to exceed £l,ooo but not to exceed £2,r)O0 2 -2 - As likely to exceed £2,r»oo . . . . '■'> j> - Attending- Court on hearing- petition . . . 1 - - Attending by agent 2 - - Drawing receiving order and copy and attending passing . . . . . • . - 10 - Attending Official Receiver after receiving order made, and giving him all necessary information - 1:5 4 More than 1 attendance at the presenta- tion or hearing of a bankruptcy petition shall not be allowed nnless ordered and certified by the Court at the time. Attending Court where adjournment ordered . . , - l:') 4 Attending by agent . . . • • • . 1 - - Instructions for appointment of interim receiver . . - 1;> 4 Drawing and copy application - ;"> - Instructions for necessary affidavits in supporD, each Drawing same (per I'olio) Fair copy (per folio) Atteiiding deponents (each) Attending filing affidavits ... Attending Court on hearing application .... Attending by agent . . . • Drawing order in duplicate and attending to pass Attending Official Eeceiver with order, paying deposit, and giving all necessary information . . . . . - lo 4 Le'tters,' messengers, &c. (in discretion of taxing officer). (; 8 1 - - 4 i; « ('. « i - - - (; 8 3 COSTS FOR SUBSTITUTED SERVICE WHERE THE DEBTOR KEEPS OUT OF THE WAY TO AYOII) SERVICE. £ s. il. Preparing and making application to the Court for sub- stituted service, including previous attendances to serve which have been without effect because the debtor was keeping out of the way and could not be personally served (inclusive charge) . . . • • Drawing affidavit of tacts, showing that due pains had been taken to effect personal service (per folio) . Fair copy of affidavit (per folio) Attending to swear and file affidavit and to obtain order for substituted service and drawing up order . . - K' 1.') - 1 - - 4 Bankrvpii-y.'] <)38 4. AviiKin-: Till-: dki'.toh disputes the statements IX the petition. £ 6-. d. Attending,' petitioner where the debtor has served notice of disputing; the statements in the petition . . ".-08 Special attendances shall be allowed to examine wit- nesses as to the facts they can prove, the charges for which, and for summoning witnesses, shall be in the discretion of the taxing officer, according to the circumstances ; and where it is necessary to instruct counsel to support the petition, the usual charges for brief and counsel's fees shall be allowed. Attending Court when the receiving order is made . . 1 - - Attending by agent i' - - 5. AVHERE THE DEBTOR IS REQUIRED BY THE COURT TO ENTER INTO A BOND. £ s. d. Attending to make inquiries as to sufficiency of sureties . - 1;5 4 This charge shall be subject to increase, according to the distance of the sureties' residence ; and, wliere necessary, agency charges for making such inquiries shall be allowed. Drawing exceptions to sureties - :> 4 Service thereof on debtor's solicitor . . ..-.">- Attending Court when sureties allowed or disallowed . - l;> 4 The costs of the affidavits in opposition to the allow- ance of the bond for want of sufficiency of sureties shall be the same as of other special affidavits. III.— SPECIAL COSTS. £ .s. d. Instructions for appointment of a special manager . . - l;] 4 Drawing and copy application - ,") - Instructions for affidavits in support, not exceeding ."5 in number, unless the taxing officer considers that further affidavits were necessary (each) Drawing same (per folio) Fair cojjy (per folio) Attendances on deponents (each) Attending Official Ileceiver to lodge papers, and to obtain appfjintment to hear application Attending Official lieceiver on hearing application . Proper charges for further attendances on creditors and other work necessarily done by a solicitor in connection with the appointment of a special manager shall be allowed, but no costs shall be allowed on an unsuccessful application unless the Official Receiver shall certify that the costs of the application should be allowed. r, 8 1 - - 4 (■) 8 ('. 8 3 4 Banh-vpkij.'] 030 £ s. Attendance at public examination where the Court thinks such attendance necessary ] 1 _ The followintr costs subsequent to receiving order may also be allowed upon a certificate in writing of the Otlicial Receiver that the attendance was necessary in the interest of the estate, and shall not be ex- ceeded unless specially authorised by him: — Attending Official lleceiver upon preliminary examiuiitidu of debtor . . . . . - l;) 4 Attendance at first meeting of creditors . . - l;J 4 The petitioning creditor's solicitor may be allowed all proper charges at the rate specified in the scale for all work necessarily or usefully done in the interests of the creditors generally for the protection or benefit of the estate between the presentation of the petition and the date of the receiving order, if the Official lleceiver shall certify that the work done was necessary or useful. Such certificate may be given by the signature of the Official Receiver to a memorandum containing such certificate at the foot of the bill of costs. In exceptional cases where the petitioning creditor's solicitor has prior to the presentation of the petition rendered special services in the interests of the creditors generally, and such services shall have assisted to preserve or increase the assets, or other- wise been of substantial advantage to the estate, the taxing officer may, upon a certificate signed by the Official Receiver to that effect, which may be given by a memorandum containing such certificate at the foot of the bill of costs, allow all proper charges for such services at the rate specified in the scale. Where the Official Receiver employs the petitioning creditor's solicitor or the debtor's or other solicitor to take any steps for the protection or benefit of the estate or in other matters not included in the foregoing scale, the costs of work done under such employment shall, in the absence of any special agreement with the Official Receiver, be subject to taxation under Scale Xo. YI. IV.— TAXATION OF PETITIONER'S COSTS. £ s. d. Drawing bill of costs and copy, and notice of and attend- ance at taxation : — On debtor's petition . . . . . . - IT) - On creditor's petition (when costs do not exceed £10) - 15 - AVith an additional allowance when costs exceed £10 of 5 per cent, on the amount of the bill, provided that the total fee shall not exceed £0. Banhruploj.'] 640 Xo charues, except those included under the pvecedinu' scales, shall be allowed in the case of a debtor's petitiun or unopposed creditor's petition unless in the latter case the taxing officer considers that for special reasons additional items may be allowed. Where the petition is opposed, costs may be allowed in addition for necessary matters, not provided for under the precedinii: scales or under Scale Xo. VI. ; such allowances shall be made in conformity ■with that scale as nearly as may be, or with the scales of costs in the Supreme Court, according to the nature of the proceeding. V. DEBTOE'S SOLICITOPt'S COSTS. 1. WIIKIM-: THE COUllT ALLOWS COSTS TO THE DLUTon OX A BAXKllUPTCY XOTICE BEIXG SET ASIDE. (I. t s. - C 8 - 5 - - (; H - 1 - - - 4 - C 8 Instructions to apply to set aside bankruptcy notice . I'erusing and considering bankruptcy notice Instructions for affidavit of counter-claim Drawing same (per folio) ..... Fair copy (per folio) Attending to file, and drawing application for appointment to hear and notice ....... Costs of further affidavits, or of procuring viva voce evidence, and of other incidental charges properly incurred, including, where necessary, usual charges for brief and fees to counsel, shall be allowed in the discretion of the taxing officer. Attending Court on application : — If heard II- If adjourned ........ Drawing order and copy and attending to pass Letters, messengers, &c. (in discretion of taxing officer) The debtor's personal expenses for travelling and loss of time shall Ije allowed according to the scale for witnesses. 10 2. WHERE THE COURT ALLOWS COSTS TO J)EI3T0R ON DISMISSAL OF PETITION. THE Attending debtor served with copy of petition and taking instructions to show cause ..... Drawing notice to show cause ..... Two fair coi)ies for service Attending filing Service on creditor, including postage Service on creditor's solicitor ..... Perusing and considering petition .... Special attendances shall be allowed to examine wit- nesses as to the facts they can prove, the charges for which and for summoning witnesses shall be in - (i « - 5 - - (I - r. Banlcniptcy.'] 641 the discretion of the taxing officer accordinir to the circumstances, and where it is necessary to instruct counsel the usual charges for brief and counsel's fees shall be allowed. Attending Court on petition : — If heard ......... If adjourned ........ Drawing order and copy, and attending to pass Letters, messengers, &c. (in discretion of taxing officer). The debtor's personal expenses for travelling and loss of time shall be allowed according to the scale for witnesses. £ s. cL 1 1 - 10 - G VI. MISCELLANEOUS AND GENERAL COSTS. 1. COSTS OF THE DAY OX ADJOURXMEXT AVHERE XO FIXED AMOUXT IS XAMED IX THE ORDER. £ Attendance in Court ........ Drawing order and passing . . . . , . - Attending counsel ......... Xotice to witnesses (each) . . . . . . - Payment to witnesses {see scale below).* 2. WARRAXTS. Warrant, warrant of seizure, or search warrant And if more than 4 folios, for each folio beyond 4 3. SERVICE. Service of petition, order, notice, or other process, eaoh service ......... If the distance be more than 2 miles, Is-, per mile on such further distance, or a sum, in the discretion of the taxing officer, according to circumstances. Service by post, including postage Special service under an order (in discretion of tax- ing officer). In cases of great distance, the service shall be by agent, unless otherwise sanctioned. 4. IXSTRUCTIOXS. For statement of facts, or special case for the opinion of of the Court, Judge, or Registi'ar For record for trial ........ For motion ......... s. cl. I a 4 (i « (5 8 2 - < - 1 2 6 - 13 - 13 * The scale is not set out below, as it is identical with that on p. 51. J.C. T T Banlcrnptcij.'] (!42 For motion on appeal For any pruccediug or a]i]ilication not otherwise provided for ... For apjilication tor directions ...... For application for substituted service .... To appear on liearini;- of a matter under Uule . For special atlidavits ....... For proposal for scheme of arrangement or composition . For case for opini(»u of counsel ..... For brief on hearing, trial, or determination of any petition, issue of fact, special case, or motion other than an inter- locutory motion before the Court or a Judge or a Regis- trar of the High Court 11 For such brief and for brief on hearing of an appeal, when witnesses are to be examined or cross- examined, sncli fee may be allowed as the taxing ofhccr shall think fit, having regai'd to all the circumstances of the case, and to other allowances (if any) for attendances on witnesses and procuring evidence. For ])rief on hearing of any interlocutory motion (Or such further "sum as the taxing otlicer may allow.) For brief on any other proceeding not otherwise provided for, such fee as the taxing officer may allow. s. tl. lo \ i; s i; s i; ,s j;; •1 i; H (i S (i 8 (■) K f). DRAWING DOCUMEXTS. Commission or order for examination of witnesses abroad (per folio) - 1 - Other orders where necessary (i)cr folio) . . . . - 1 - Proposal for scheme of arrangement or composition (per folio) _ . - 1 - Ajiplication for an appointment before a Judge or Regis- trar, and copy - 5 - Briefs and cases for opinion of counsel (per folio) . 1 (;. PERUSALS. Of notice of motion by the solicitor of the party on whom the same is served - i; S Or, if exceeding I'd folios (per folio) . . . . - - 4 1 1 Of documents (by London agent) on an appeal . - to Of affidavits, dci)Ositions, and exhibits liy the solicitor of the party against whom the same can be read (per folio) - - 4 Of other documents where necessary (per folio) . . - - 4 7. ATTENDANCES. At Court on ajipli cation to prosecute a petition in a par- ticular district, or to transfer petition from one district to another - L3 4 On application for directions 13 4 BanJirru/jIci/.^ 643 .£ .V. d. At Court on application for warrant, warrant of seizure, or search warrant . . . . . . . . - 1 ;; 4 Instructing officer as to execution of wan-ant, warrant of seizure, or search warrant . . . . . . _ c >^ To file affidavits . . . . . . . , _ c }^ ■General attendances (each) . . . . . . _ o ,s Loni;- and special attendances . . . . . . - l;i 4 (Or more, in the discretion of the taxing officer.) At meeting's of creditors (other than first meetings) or of committees of inspection when duly authorised and necessary (per hourj . . . . . . ._]()_ 8. LETTERS, TELEGRAMS, &c. AVriting letters, each, special . . . . . . _ ;, _ "Writing letters, each, common . . . . .-;>() Circular letters, original letter, if special . . .-.">- Circular letters, original letter, if common . . . - 3 (I For each copy thereof, including addressing and despatch- ing, not exceeding 10 - 1 _ If above ]() in number letters shall be printed, and there shall be allowed for each copy addressed and despatched in addition to printer's charges . . . . . - - (I Preparing and attending to despatch necessary telegrams .-.">- VII. GENEIUL REGULATIONS. 1 . All costs^i ive as in this s cale p rovided, which shah be proj^erly ^ inc urreTmnlei^ he^proyisioi is of th e Aei or Ihiles, shall be allowed onjhej ^ower Ecale " in Appendix X. to the Rules of the Supreme CourL_188TTr; ~~~ 2. In respect of business connected with sales, pui'chases, leases, mortgages, and other matters of conveyancing, and in respect of other business not being business transacted in (l^ourt or in Chambers, and not being otherwise contentious business, the solicitor's remunera- tion shall (in the absence of any agreement to the contrary) be regulated by the General (Jrder under the Solicitors' Remuneration Act, ISSl, for the time being in force; provided that, in cases ■of sales of mortgaged properties, the trustees' solicitor, if his remuneration shall be under Schedule 1 of the existing order, shall only be entitled to percentage upon so much of the proceeds of sale as shall not be chargeable by the mortgagees' solicitor with the percentage, and such percentage shall be payable only out of the .proceeds of sale. 3. All Court fees and other proper disbursements shall be allowed in addition to the remuneration in this scale provided. 4. Extra allowance for length of sittings, or other increased allowances not inconsistent with this scale, may be allowed, pro- vided that any such allowance shall have been ordered and certified by the Court at the time, or all such charges will be disallowed. 5. Vouchers shall be produced on taxation for all payments, or such payments shall be disallowed. T T 2 Banh-upUij.'] (U4 C. Bills of costs shall be writtcu lengthwise on one side only, distin<:iiishing, by insertion in separate eolnnins, costs out of pocket from charges for work done and time expended. Dates shall be furnished to each item, but they must not be written in the margin, which shall be left clear for taxation. 7. The fees allowed fur di'awing any allidavit or other document shall include any copy made for the use of the solicitor, agent, or fur counsel to settle. S. Xo instructions for an al!ida\it shall be allowed when the solicitor or his clerk makes the affidavit. tt. The allowances for instructions and drawing an atlidavit in answer to interrogatories and otlier special attidavits, and attending the deponent to 1)6 sworn, shall include all attendances on the deponent to settle and read over. 1(1. The fees allowed for delivery of documents, services, and notices shall not be allowed when the same solicitor is for both ])arties, unless it be necessary for the pur^jose of making an affidavit of service. 11. The fees allowed for perusals shall not apply where the same solicitor is for both parties. ] 2. Where the same solicitor is employed for two or more persons havinu' the same interest, and separate papers are delivered, or other proceedings had by or for two or more such persons separately, the taxing officer shall consider in the taxation of such solicitor's bill of costs, either between party and party, or between solicitor and client, whether such separate papers or other proceedings were necessary or proper ; and if he is of opinion that any part of the costs occasioned thereby has been unnecessarily or improperly incurred, the same shall be disallowed. 1;!. A folio is to comprise 12 w(mls, eveiy ligure comprised in a column or authorised to be used being counted as one word. 14. In special cases where counsel are not instructed to appear in Court and the solicitor acts as advocate, a charge by the solicitor for the ])reparation of minutes of fact or evidence for his own use may be allowed, and in addition such special fee as the taxing officer may think fit, having regard to the nature and importance of the case and the questions involved. 1"). As to all fees or allowances which are discretionary, the same are, unless otherwise provided, to be allowed at the discretion of the taxing officer, who in the exercise of such discretion is to take into consideration other fees and allowances to the solicitor and counsel, if any, in reject of the work to which any such allowance applies, the nature and importance of the matter, the amount involved, the interest of the parties, the estate or persons to bear the costs, the general conduct and costs of the proceedings, and all other circum- stances. J(i. Any person who may be diesatistied with the allowance or disallowance by the taxing officer in any bill of costs taxed by him of the whole or any i)art of any items, may at any time before the certificate or allocatur is signed, carry in before the taxing officer an objection in writing to such allowance or disallowance, specifying therein by a list, in a short and concise form, the items or parts thereof objected to, and the grounds and reasons for such objection^ and may thereupon apply to the taxing officer to review the taxation in respect of the same. Bankrupicij.'] 645 17. Upon such application the taxing officer sliall reconsider and review liis taxation u])on snch objection, and be nuiy if lie shall think tit receive farther evidence in respect thereof, and if so required by the solicitor or any person interested he shall state either in his certi- ficate of taxation or allocatur or by reference to such o])jection the grounds and reasons of his decision thereon and any special facts or circumstances relating thereto. IS. Any person who may be dissatisfied with the certificate or allocatur of the taxing officer as to any item or part of an item which may have been objected to as aforesaid, may within 1-1- days from the date of the certificate or allocatur or such other time as the C'ourt or Judge or taxing officer at the time he signs his certificate or allocatur may allow, apply to the Judge for an order to review the taxation as to the same item, or part of an item, and the Judge may thereupon make such order as the Judge may thiidc just ; but the certificate or allocatur of the taxing officer shall, subject to the provisions of the Bankruptcy Rules for the time being relating to the review of taxations at the instance of the Board of Trade where the taxation has been made by a Registrar of a County Court, be final and conclusive as to all matters which shall not have been objected to in manner aforesaid. 1!). 8uch application sliall be heard and determined by the Judge upon the evidence which shall have been brought in before the taxing officer, and no further evidence shall Ijc received upon the hearing thereof unless the Judge shall otherwise direct, 20. The allowances to witnesses in Bankruptcy proceedings in the High Court shall be in accordance with those for the time being ordinarily made in other proceedings in the said Court. In the County Courts such allowances shall be in accordance with the scale for the time being in force in the County Courts. APPENDIX TO THE GENERAL EULES UNDER THE BANKRUPTCY ACTS, 1883 AND 1890. PART III. — SCALE OF ALLOWANCES TO BROKERS AND ACCOUNTANTS, kc. The following charges to the end shall be subject to reduction by agreement with the Official Receiver or the trustee, or to increase \vith the sanction of the Committee of Inspection and the Official Receiver. 1.— BROKER'S ALLOWANCES. £ s. d. Fur inventory, only, of chattel property and 1 copy (not exceeding 5 folios) . . . . . . . - 10 G For every additional folio beyond ."» up to 20, and 1 copy -1(5 For each folio above 20, and 1 cojiy . . . . - 1 - Bankruplcy.'] 646 Fur inventory and vuUuition of chattel property : — ' f .s. d. On the tirst £100 i' 10 - percent. On the next .£40(» 15- Above up to £](»,i>oo . . . . 1 - - Above £ 10,000 - 10 - „ In addition, tlie broker shall be entitled to railway fare or cab hire actually i>aid, if the distance exceeds 1 mile, but when beyond '• miles the amount shall be in the discretion of the taxing- oHicer, but shall not exceed the actual expense of travelling;-. "Where an order has been nuulc tni' stimmai-y administration three-titihs only of the percentagH-s for inventory and valua- tion shall in the absence of special agreement be allowed. :>._A rC'TIONEEirS CHARGES. For 6alcs by jirivate contract based on the valuation, half the above charges for inventory and valuation. For sales by auction, in addition to such out-of-]iocket expenses as may be authorised at the time by the OUicial Receiver or Trustee: — Of chattel property not exceediuL;' : — £ s. d. On the first £r)00 ."» - - per ceut. Above up to £1,000 4 - - „ Above £1,(100 iMO - Of estates, freehold, leasehold, &c., including jirior valuations, for determining amount of reserve bids : — On tlie first £:500 On the next £l,(;oo Above up to £r),000 Above £r),000 No higher allowance to be sanctioned without tlie leave of the Roard of Trade. Costs of surveys, dilapidations, and specifi- | cations in discretion of taxing officer . | . £ s. > to 3.— ACCOUNTANT'S CHARGES. Where the employment of an accountant has been duly sanctioned, and in the absence of any special arrangement Avith the Official Receiver or the trustee for a smaller amount, the Ibllowing charges may be allowed — £ s. d. For preparing balance-sheet, investigating accounts, j 1 1 - ttc, principal's time, exclusively so employed, per to day of 7 hours, including necessary aflidavit . • ) •' •' - Or such other sum as the Court may under special circumstances order. Bankruptcy.] 047 £ *. (I. r - 10 (; Chief clerk's time - to; I 111 • fi f - 7 Other clerk's time, per clay ot 7 hours . . . .- to L - 10 - These charges shall include stationery, except the forms used, (Signed) HALSBURY, C. I concur, (Signed) M. E. HICKS-BEACH, President of the Board of Trade, Dated the 18th day of December, 18'.)(>. ORDER AS TO FEES AND PER-CENTAGES. T, the Right Honourable Hardinge Stanley, Barox Halsbury, Lord High Chancellor of Great Britain, do, by virtue of the powers vested in me by the Bankruptcy Act, 18KP>, prescribe that the fees and percentages in the scale hereto annexed shall, from and after the 1st day of January, 181)1, be the fees and percentages to be charged for or in respect of proceedings under the said Act and the Bankruptcy Act, IS'JO, and shall be taken in any Court having jurisdiction in Bankruptcy and in any office connected with any such Court, and in the Board of Trade and any office connected therewith, and by any officer paid wholly or partly out of public money attached to any such Court or to the Board of Trade. (Signed) HALSBURY, C. Dated the 18th dav of December, 1890. SCALE OF FEES AND PERCENTAGES. — T) — r> — - Table A. Every declaration by a debtor of inability to pay his debts Every bankruptcy notice Every bankruptcy petition Note. — Where on a debtor's petition the Official Receiver gives a certificate that there is reasonable ground for believing that the assets are sufficient to meet the expenses of administration, this fee shall not be charged. Every bond with sureties ...... Every affidavit filed, other than proof of debts . . . - -^ - Every subpoena or summons under section 27 of the Act of 1888 - 1 - - 10 - BanTirupky.'] C48 £ ^. il For takinir :ui affidavit or an affirmation, or attestation, npo'.i luinour in lii-u of an affidavit or a declaration, except for proof of debts, and exce]tt declaration by a Bhortliand writer under Kule CT (Form ;!s), for each person makint; tiui same . . . . . .-10 And in addition thereto for eacli exhibit therein referred to and recpiired to be marked . . . - 1 - On every proof of debt above £2 (other than proof for workmen's \va<;es under Rule 22(») . . . . - 1 - For Keuistrar of County Court certifying lists of i»roofs in eadi bankruptcy under Rule 22:^x . . . . - '- - Every petition under section 12") of the Act of 1^<83 . 5 - - Every receiving order under section 10:» of the Act of 18H;^> .> - - Every aitplication for an order of discharge, including ex])ense of gazetting . . . . • • . 1 10 - And for each creditor to.be notified . . . . - 1 - Every application for search other than by petitioner, trustee, bankrupt,, or any officer of the Court . . - 1 - Every application to the Court, oxcei)t by the Official • Receiver when acting either as Oflicial Receiver or trustee ... . . . • • • . - ;> - Every office copy (each folio of 72 words) . . . - - 4 On every record of trial 5 - - (Or such less sum as the Court may specially order.) Every allocatur by tiie taxing officer of the Court for any costs, charges, or disbursements : — AVliere the amount allowed shall not exceed £4- . - 2 - Where the amount exceeds £4-, for every £2 allowed or a fraction thereof . . . . • . - 1 - Every application to an Official Receiver to appoint a special manager or to carry on the business of a debtor • . - a - Every application by a committee of inspection to the Board of Trade for a local banking account . . . 1 - - Every order of the Board of Trade for a local Ijauking account . . . . . . . • • Every application by a trustee to an Official Receiver acting as committee of inspection under Rule '^^]7 : — "\Miere the assets are certified by the Official Receiver as not likely to realise more than £.">(i(). . . - T) Where the assets are likely to exceed £.')()(► . . - 10 Every ajiplication under section l(i2 of the Act of 1SS3 to the lioard of Trade for payment of money out of the Bankrui)tcy Estates Account ; and every application for the re-issue of a lapsed che(ine or money order in respect of moneys standing to the credit of the Bank- ruptcy Estates Account ...... Every application to the Court to approve a composition, a fee computed at the following rates on the gross amount of the composition, viz., £1 on every £1(>() or fraction of £ loo up to £:),000, and lo.s. on every £100 or fraction of £100 beyond t'."»,OoO. Every application to the Court to approve a scheme of arrangement, a fee computed at the following rates on •2 - - 2 Banlcrupicy.'] 049 £ s. d. the iiTOSs amount of the estimated assets (but not exceeding the gross amount of the unsecured h'abihties), viz., £1 on every £100 or fraction of floo up to £5,000, and 10s. on every £ loo or fraction of £loo beyond £.'),oOo. Provided that where a fee has been taken on a previous application to the Court to approve a composition or scheme, or where a fee has been paid under this 'J'able on the cash book submitted for audit, seven-eighths of the amount thereof shall be deducted from the fee payable on an application to approve a composition or scheme. On one copy of the cash book, showing assets realised, for- warded by the Official Jleceiver or trustee to the Board of Trade, 'a fee according to the following scale on the gross amount of the assets realised and brought to credit — viz., £1 on every £100 or fraction of £100 up to £5,000, and lO-s. on every £100 or fraction of £100 be- yond £r),000. Provided that, where a fee has been taken on an application to approve a composition or scheme "of arrangement, seven-eighths of the amount thereof shall be deducted from this fee. On every application for release by trustees in non- summary cases a fee of 2.s. M. on every £loo or fraction of £100 of assets realised and brought to credit. Table B. For every Receiving Order made on a debtor's petition, Avhere the fee on the petition has been dispensed with in pursuance of the Official Receiver's certificate as to suthciency of assets . . . . . • . 5 - - For every order of administration made on transfer of pro- ceedinu-s under section 125 (4) of the Act of 1^!S^) and section 21 (2) of the Act of 1 _ _ liauhiiptcy.'] 650 ()ii tliL- aiuuiint ilistrihuted to creditors by the Official lieeeiver when acting as trustee undrr a composi- tion : — £ s. (I. On tiie first I' .")( h i ur fraction thd'cof . -1 - - percent. „ next L'.'Hiii ., „ . 1 10 - „ „ „ i:i, - „ Ou the amount distributed iu dividend by the Official Receiver, when actino; as trustee under adjudications, scliemes, or orders of administration of the property of a deceased insolvent, a percentage according to the fol- Idwint,^ scale : — £ .S-. (L On the first £1/100 or fraction thereof 2 10 - per cent, next £1,500 ,, „ 2 - - „ „ i:i\u(io „ „ 1 10 - „ ,, £.3,000 „ ,, 1 - - „ On all further sums . . . . - 10 - „ £ H. d. For the Official Receiver acting as interim receiver of the property of a debtor in addition to the percentage chargeable on realisations, on every order . . . 3 - - And, iu addition, where the order is in force for a longer period than 14 days for every 7 days, after the first 14, and for every fraction of 7 days . . 1 - - For each notice by an Official lleccivcr to a creditor of a first or any other meeting, or sitting of the Court : — Where the estimated value of the assets exceeds £100 (each notice) . . . . • • . - 1 - Where the estimated value of the assets does not exceed £100 : — On the first :^o notices (each notice) . • . - 1 - For each notice above 20 - - G For each notice by an Official Receiver to a creditor of an adjourned meeting or an adjourned sitting of the Court - - C) For the Official Receiver supervising a special manager or the carrying on of a debtor's business, where tlie esti- mated assets exceed £100, a lee according to the following scale : — If the gross assets are estimated liy the Official Receiver not to exceed ^.joo . ." . . £1 per week If to exceed £r)00 but not to exceed £r),ooo . 2 If to exceed £5,000 but not to exceed £10,ooo . '^ If to exceed £10,000 but not to exceed £20,000 . 4 If to exceed £20,000 5 £ .s. d.. Room f(ir meeting or adjourned meeting of creditors sum- moned by OHicial Receiver, for each creditor to whom notice has been given of such meeting, but not exceed- ing in summary administrations £2 for each meeting ; and in non-summary administrations not exceeding £5 for each meeting . . . . . . • . - 1 - Bankriijjtcij.'\ Ool £ .S-. (L Travelling, keeping possession, and other reasonable ex- penses of Ofliciai Ifeceiver, the amount disbursed . For otlicial stationery, printing, books, forms, and postages (each estate) : — For every lo applications to debtors to an estate, or fraction of 10 - '2 - For every 10 creditors or fraction of 10 where the estimated assets exceed £100 . . - . - Ki - Where the estimated assets do not exceed £100 : — For every 10 creditors or fraction of 10 up to 20 . - 1<» - For every 10 creditors or fraction of 10 above 20 . - r^ - On every payment under section \{\2 of the Act of 1883 of money out of the bankruptcy Estates Account 3^/. on each £1 or fraction of a £1 to be charged as follows : — AVhere the money consists of unclaimed dividends, on each dividend paid out ; AVhere the money consists of undistributed funds or balances, on the amount paid out. Table C. High bailiff for attending sittings of the Court, under each receiving order, in summary cases (per case) . . - 4 - High bailiff for attending Court in non-summary cases (per case) . . . . . • • • . - (5 - Serving every bankruptcy notice, bankruptcy petition, or subpoena or receiving or other order (not serviceable by post) within 2 miles," including affidavit of service . - 3 C H serviceable by post - 1 - Executing every warrant of seizure, or search warrant, or warrant of apprehension, or order of commitment within 2 miles of Court . . . . • • . - 10 - Keeping possession under a warrant, for each day the man is actually in possession, including affidavit of pos- session being actually kept . . . ..-46 (Not less than o.s. C.r/. of the above sum is to be paid to the man in possession, and his receipt pro- duced.) High bailiff's, or (in the London district) officer's man, travelling to place of possession, or to execute a warrant of or order of commitment, or to serve a summons or subpoena, or for any other purpose specially directed by the Court (per mile) ~ ~ '* His time (per day) where distance exceeds fO miles . . - 4 (> His expenses (per day) . . • • • • . - 4 (> If high bailiff of a County Court or bankruptcy officer of Supreme Court directed by the Court personally to travel (per mile) - - / His time (per day) _ 1 1 1 - His expenses (per day) - 10 - Table D. The fees and allowances payable on proceedings had after the 1st day of January, ISlU, in respect of any matter which was pending in any Court having jurisdiction in bankruptcy on the olst day of December, ISSS";^ shall be the same as if those proceedings had Bankniplnj.'] 652 been taken before such last-mentioned day, and shall be applied to the same purposes : rrovided that where the Otlicial Receiver acts as trustee under the provisions of sections I.")'.', 1 Co, and IC.l of the Act of ]>^x:'>, the fees payable shall be the same scale as that provided under Table B. for realisations and distributions by the Otlicial Receiver when actino: as trustee under an adjudication. Where the Official Receiver actiujj; a.s trustee under sections 1 ."):), Kid, or l(;i executes any conveyance or transacts any legal or other business at the instance of third parties, the parties interested shall be required to pay for his time occupied and for that of his clerks according to such scale as the Board of Trade may from time to time ]irescril)e, and to pay all legal or other necessary expenses incurred by him. Tahlk p]. For every order of administration under section ]-2-2, -Js. in the pound on the total amount of the debts scheduled from time to time, excluding any fraction of a pound in such total. OEDEB AS TO FEES AND PERCENTAGES. I, the Right Honourable IIardi.ngi-: St.\.\i-i:y, Bauo.x IIai.shuky, Loud High Chaxchllor of Ghhat Buitaix, do, by virtue of the powers vested in me by the Bankruptcy Act, l.s,s;5, hereby order and direct, Avith the concurrence of the Lords Commissioners of Her Majesty's Treasury, that from and after the date of this order Table F. of the Scale of Fees and Percentages under the Bankruptcy Acts, 188;} and 181H), dated the IKth day of December, IxOo, be annulled, and that the following table be substituted therefor : — Tahlk F. On each account transmitted by a trustee under a Deed of Arrange- ment in pursuance of section 2:> of the Bankrn])tcy Act, bsDO, a fee upon the gross amount of the assets realised and bi'ought to credit, or the gross amount of the composition distributed during the period comprised in tlie Account, according to the following scale : — £ «. d. On every £100 or fraction < if £100 up to .£.")00 .-;")- On every £100 or fraction of £100 above £.")00 . - 2 C Provided that the above fee shall not be chargeable on accounts transmitted by a trustee under a Deed of Arrangement registered prior to the 1st of January, is;)]. On everv application in pursuance of section L^") of the l>ankruptcy Act, IKDO, to inspect the accounts of a trustee under a Deed of Arrangement . . . - 1 - For every copy of or extract from such account furnished by the Board of Trade, each folio of 72 words or figures - - 4 (Signed) HALSBURY, C. Dated the 11th day of May, 18:)1. Ikliilcnqilcij.'] G53 1. PETITIOXINa CREDITOirS COSTS. RErETVIXC; ORDER AND RUBLIC EXA.\riXATIOX. IX THK HlOir COURT OF JUSTICE. In Bankruptcy. Xo. of IHl) Re A. B. Ex j^cnie J. S., a Creditor. PETITIONER'S COSTS. 181)4. Sept. ;5. Instructions for bankruptcy notice and preparin(HI. S. (I £ s. (I. - v.) \ - (I s - i; s - (; s 10 - 2 i; _ •> _ c. - -10 - - 5 C. - () 2 - ; ] 4 '") ~ - 1 - 5 — - - ; 8 . - 1 - - ; 8 . - 1 C. _ 2 - - 2 - !<. li. 2 - C 8 - 8 ;5 r. 1 - Banhruplcy.'] <3o4 .£ 6'. (/. 21. Copy petition for service Service .....•• Affidavit of service and attendinu' sweavini:- . J'aid oath and exhibit - 2 Attendintc fiUnu' attidavit of service l^aid fihn- . ' • - -' - Xov. -2. .\tli(hivit of petitioner's debt in support of petition ..... AVritiiig auent enclosing same with instruc- tions to get petitioning creditor deposed thereto Writing him with his charges. Paid same . . • • • ' . ' ^ ^^ ~ s. Attending Court on hearing of petition, but debtor did not attend, and receiving order made and Official Receiver appointed trustee ....-•• ^lakinir ;^ copies receiving order . j'aid tilinir affidavit as to petitioning creditor's debt - 2 - Dec. 7. Attending < )fficial Receiver on his pro- ducing to us the bankrupt's cash account, which was deemed incomplete in various particulars, and inspecting same and taking particulars HILARY SITTINGS, 1S95. Jan. 24. Attending the bankrupt's public ex- amination, same proceeded with, and bankrui)t ordered to file account showing his financial position on the day of the dissolu- tion of his partnership with the petitioning creditor ...•••• ^Drawing bill of costs and copy (folios )\ Attending for appointment to tax and notice ( _ j- thereof I Attending taxing ) Letters, messengers, &c. . . . Paid allocatur stamp Where act of bankruptcy filing a declaration of inability to ]iay, substitute the charges in Scale of Costs, Xo. 4, p. (i'.o. Where act of bankruptcy is an assignment for benefit of creditors, substitute : — Instructions for assignment .... ",!!''' Drawing same If above 1(> folios (In. per folio) . Fair copy (per folio) Paid stamp ; • Attesting execution by each party assigning . - 1.'] 4 1 - 1 - - 10 -(5 8 * Sec Taxation of Petitioner's Costs ; Scale of Solicitors Costs, IV., ante, p. 639, and Order 112, p. G2C Banlcruphy.'] G55 2. PETITIOXIXG CREDITOR'S SOLICITOR'S BILL OF COSTS. In the County Court of , holden at 1:5 10 _ c 8 •> 4 <; s I s c s In Bankruptcy. No. of Re a. B. of • , banker, formerly carrying- on business with A. B., senior, now deceased. Assets over £;)ijO. £ s. d. £ .S-. d. lS9o. Feb. 2 Paid stamp on filing affidavit . . . - 2 - Two copies of petition for sealing (folios 7) . Attending Official Receiver with deposit Paid deposit h - - Paid stamp on petition . . . . . 5 - - Attending on presentation of petition and in- vestigation of the statements thereon by the Court ....... 1 - Drawing order for hearing of petition . . - ;5 Paid travelling expenses .... Paid for file of proceedings . . . . - 2 1; Attending 3Ir. K. conferring very fully as to position of matters at , and result of our interview with ]\Ir. , and as to preparation of separate accounts showing position of matters at the date of the father's death and as to pending negotiations with regard to the business .... - 10 Very long attendance on ]\[r. K. at as to the matter and as to bankruptcy petition having been presented to-day, and afterwards on the solicitors who represented the father's estate, conferring as to the negotiations and the necessity of preparation of statements of affairs, both at the date of the father's death and at the present time, and arranging that ]\Iessrs. should proceed with same forthwith ... 33 Bankruptcy.'] GOO £ i'. cL £ .s. (J. Paid travt'lliii,i; expenses .... Attendiiii,' Mr. X. fully as to result of visit to , and as to investigation now beino: made by ,and as to the dealing; with the estate since tlie deatli of Mr. , and as to separate accounts required to be prepaid, and discussinji: fully ... - 13 4 Atteudinp: irwieral manager of bank and after on ]\rr. K., conferrinir as to result of investi- fjation and as to their views with reference to assets and as to arraniceuients they would be prepared to enter into; and it was in the result deteriuiued to communicate with ^Ir. and the executors of his father's estate, afterwards auaiu atteudinij; ^\v. K. and arranjiinfj meetin,<>; for Monday 1 - - March (1. Instructions for conference with ]\Ir. as to the joint and separate estates and the proceedings to be taken with re2;ard thereto ..... - (» H Attending; appointing; conference ... - (I 8 Paid fee and clerk . . . . .10- Attending conference ..... - K) 4 Attending- ^fr. , solicitor for the l>auk, as to the amount of £ owing to them and as to securities held, and estimate made of value and as to position of affairs generally, particularly with reference to the former partnership and subsequent trading, and we were to communicate with him again when the accounts were prepared - 1;5 4 7, Attending meeting appointed at ^Fr. K.'s to-day, when executors of deceased attended, very long discussion as to the position of the estate and as to rough statement of affairs ^ir. K. has submitted, and inquiries were to be made of ^Fessrs. and Co, as to assistance they could render in payment of creditors, meeting nltimately adjourned . - lo 4 Attending adjourned meeting at .^^r. K.'s, when the result of the communication to i\Iessrs. was explained, also confenung as to the completion of the statement of affairs dividing the old from the new estate, arranging for completion of statement and further meeting. ..... - l''> 4 Service of bankruptcy petition ... - 14. Attending .Mr. K. as to hearing of bank- ruptcy petition on 17th instant, and as to acconnts not yet finally completed, also as to copy deed of partnership sent to us, and as to the joint and separate estates, and arranging further appointment for the after- noon ........ - 1 - '22. Attending with ^Ir. K. on the Official Receiver as to result of meeting, the receiv- ing order being made on , and giving explanation as to the general position - i:) 4: 24. Attending the Official Receiver at as to inquiries relative to sale by debtor to the Bank and discussing as to particulars of the claim against the debtor and securities held, also as to the use of the premises by the Bank and as to tenancy being given by the debtor, and arranging appointment for jMonday as to application for special manager . . - 13 4 Preparing and despatching telegram to ^lessrs. at in reply, and that we would inform them by wire when receiving order made, and they were to give notice to any one intermeddling with the assets of the estate ....... - 5 - Paid - 1 - Attending Court on hearing of petition . . 1 - - Travelling expenses (as paid) Paid stamp on filing affidavit of debt . . - 1 - Paid stamp on filing affidavit as to act of bankruptcy Drawing receiving order and copy, and attend- ing passing • Attending Official Receiver after receiving order made, and giving liini all necessary niformation ...... - 18 4 May. Attending first meeting of creditors at ...... - i;} 4 Travelhng expenses (as paid) ... Drawing bill of costs and copy and notice of attendance at taxation .... - !;> - Letters, messengers, etc. .... 1 - - 2 - - 10 - Banlcruptcy.'] (;:»'.) 3. SOLICITOR'S COSTS OF Al^POINTMEXT OF SPECIAL MANAGER. Assets over £:)()(). £ s. il. £ .s. (I. 1803. j\rarch 20. Instvuotions for appointment of special manager ..... - 1;! 4 Drawing and copy application ... - :> - Paid stamp - .j - Attending Official Receiver to obtain appoint- ment, to hear application, and lodging appli- cation paper -(18 Attending Mr. K. as to proposed application for appointment of special manager, and as to nomination papers required to be signed, and arranging to send the papers to Messrs. , together with a copy of the resolution passed at creditors' meeting . - (1 8 jMaking copy resolution .... - 1 - Drawing and fair copy nomination paper . - 5 - Writing ^Messrs. with same, and with instructions as to signatures to be obtained, and mode of stating creditors partly secured, &c. - 3 G Paid telegram to Messrs. that nomi- nations received were, we thought, sufficient - - IJ 21. Attending the L. and W. Bank, obtaining their signature to nomination paper and upon the matter ..... - G 8 24. Attending ]\Ir. K. as to nomination papers for appointment of special manager, signed by the L. and AY. Bank and other signatures already obtained, and totalling same and informing him ...... - G 8 Preparing and attending despatching telegram to ]\ressrs. in reply that neither their attendance nor that of petitioning creditor was required on J\Ionday for ap- pointment of special manager ... Paid . . . . \ . . . - - Instructions for statement of facts in support of application for appointment of special manager . . . . . . . Drawing same and fair copy (folios 2()) . 2G. Attending j\Iessrs. • as to fur- ther assents of creditors to Mr. K.'s nomi- nation, and obtaining same and conferring generally on the matter .... - G 8 Attending ^Iv. K. prior to application, con- ferring as to course pursued since the failure of investigations made by him, and obtain- ing necessary information for the purpose of the application ..... - G 8 Attending with him before the Official Receiver by appointment, lodging nomina- u u 2 - a — (; 8 G 8 Banhr'uplcy.'\ tiCU £ .s. (I. £ 6'. il. - 10 - - 6 tions and statement of facts, and making an application for appointment of special managei- and explaining facts, and the Olticial Receiver was to give his decision on Wednesday, meantime we were to make inqniry fur him as to the L. and W . IJank's security for the banking premises . . - 1 3 4 Attending ^lessrs. and Co., solici- tors to the L. and W. I'.ank, on the result of the application made this morning for the appointment of a special manager, and information which the Official Receiver required, and obtaining information as to the position of the negotiations between !Messrs. and Co.'s clients and Bank, Limited, and also in respect of the securities held by ^fessrs. and Co.'s client, and obtaining a print of the form in which they had been given . 2y. Attending :\Ir. — ■ — - (debtor), prior to application with Otticial Receiver as to communications which had passed between him and Rank, Limited, as to the offer they would be prepared to make, and perusing' letter from them, and conferring as to sufficiency of same .... Attending ajipointment at Official Receiver's, and the matter was fully gone into, and in the result ]\Ir, K.'s firm was appointed to •prepare debtor's statement of att'airs, and further letter was to be obtained from Messrs. as to their drawing out their proposal, whether under scheme of arrangement or in bankruptcy, subject to whicli the Official Receiver was prepared to make appointment of special manager Attendances afterwards on Mr. Iv. arranging as to further application to be made to Bank, and as to the form of letter required ....••• Writing Messrs. as to result of application ...... 30. Attending Mr. K. as to further letter required Irom Bank, Limited, by the Official Receiver, and afterwards on his interview with the general manager, and conferring as to result, and as to matter being taken before the committee of directors to-morrow ...... Drawim: bill of costs and fair copy (folios U) '. • Attending lodging l)ill and obtannng appoint- ment to tax ...... Koticc thereof, copy and service - 13 4 - 13 4 -30 13 4 9 4 C » 4 - Banlcrnplcy.'] 6G1 £ .^. (I. £ s. (L Attending taxing _ « Letters, messengers, etc. .... - - 4. SOLICITOR'S COSTS AS SOLICITORS TO THE OFFICIAL RECEIVER FRO.\r RECEIVINCI ORDER TO APPOINT- MENT OF TRUSTEES. Re A. B., of , banker, formerly carrying on same business with A. B., Senior, now deceased. Assets over £300. £ s. d. £ s. d. 1893. March id. Attending the Official Receiver upon various matters connected with the estate which required immediate attention, and taking instructions to act for him and to advise with the special manager, Mr. K -08 27. Attending Mr. K. as to control of moneys which he had obtained and as to same being on joint account with him, and conferring as to advisability of transferring same to the Official Receiver and as to the same being applied to the separate trading of the debtor - G 8 Writing j\Iessrs. ■ and Co. as to securities held by L. and W. Bank . . - 3 6 Attending them as to memorandum of charge held by them and conferring as to the rights they claimed, and obtaining inspection of their charge and perusing and considering same ....... - 13 4 Copy for use (folios G) - 2 - 28. Attending Mr. K. as to letter from Official Receiver as to obtaining definite ofPer from Bank as to the proposed payment to the creditors, and as to communication to be made to them ..... - 13 4 Attending IMr. K. in the afternoon as to inter- view with the London manager and as to necessary communication with the Birming- ham head office and as to letter to be sent and arranging terms thereof with him . - G 8 Writing the Official Receiver as desired by him as to the effect of the charge held by the L. and W. Bank and their rights there- under, and as to sale and appointmeut of receiver, &c. (long letter) .... - 7 - Making copy form of charge obtained from the L. and W. Bank to send to the Official Receiver (folios G) - 2 - Banlcruptcy.'] 662 £ s. d. £ .s. d. 29. Writing Messrs. and Sons in reply to theirs as to P.ank's rlaiiu to property belonging to their client at and as to contemplated sale thereof _ 5 _ April 1. Attending on Mr. K. this morning as to proposal to be made to Bank in pursuance of suguestion of Otlicial Receiver and as to his attending meeting of directors to-day, and afterwards with him conferring as to the matter under dis- cussion and as to probable result, also as to accounts and securities and claims of the L. and AV. J>ank and others, and we were to attend the Orticial Receiver thereon . - 1;1 4 Attending with him on the Official Receiver conferring as to the suggested alterations in proposal having been submitted to the directors of Bank and as to views entertained, and the Bank's written reply was to be communicated to the Official Receiver ; also conferring fully as to the large debts due to the estate and securities held and as to pending inquiries and as to matters to be discussed on Official Receiver's attendance at to- morrow, and discussing various questions arising as to securities .... - 1.5 4 Attending Mr. K. later in the day on his having received reply from ■ ^Bank, perusing same and conferring as to their refusal to extend their proposal as suggested by the Official Receiver and as to communicating with them further thereon .... - 8 Attending ]\Ir. K. further as to ajjplication to Bank in pursuance of the request of the Official Receiver, and obtaining from Bank a copy of the correspondence which had passed - 8 Attending the Official Receiver therewith and discussing very fully with him as to the position of matters as regards Bank and the proposals made by them, and as to the large deljt due by • and security held for same and decision of the L. and W. Bank with regard thereto, and as to the builder's accounts ... - 13 4 3. Attending Mr. K. conferring as to cou\en- ing meeting of committee appointed at recent meeting, also as to his dealing with securities claimed and other matters . . - 13 4 Attending ^\r. K. as to inquiries made by the Official Receiver as to security held by the L. and AV. Bank, and as to further Bankruptcy.'] 663 (1. information required with regard thereto, and explaining as to documents which had been produced to us .... . _ g g 6. Attending Mr. K. as to present position of matter and meeting proposed to be called by the Official Receiver, and as to communi- cation with Bank upon their offer, and as to it applying to bankruptcy as well as to a scheme of arrangement provided ^Ir. K. be the trustee, andarraiiginy' for letter to be sent to Bank, and he was to let us know reply ...... - 1 ;5 4 10. Attending Mr. Iv. as to letter he had re- ceived from Bank and arranging reply to be given, also as to position of matter and course to be adopted in collect- ing debts and protecting estate generally, having regard to his appointment of special manager until appointment of a trustee . - 6 8 12. Attending Islv. K. conferring on this matter and as to settings off between various classes of depositors, current accounts, &c. . . - (! 8 13. Attending Mr. K. as to further letter received from Bank and discuss- ing question of whether or not they would be affected if their offer remained good if estate voted into bankruptcy as against a scheme, and advising arranging reply to 1)6 given ....... - 6 8 21. Attending clerk from Mr. K. as to ques- tions arising under deed of co-partnership, and handing him copy of the deed which he was to return ...... - 6 8- 25. Attending Mr. K. as to sale of property ac , by Mr. T., who had given a charge upon the property to the Bank subject to the first mortgage and as to application made for concurrence in sale, conferring as to inquiries as to desirability of sale and as to amount receivable and as to formal receipt and discharge of mortgage required, perusing and considering same . - 1 3 4 Attending Mr. • (debtoi-) and Mr. K, and advising very fully as to various points arising having regard to former partnerships with debtor's father and subsequent dealing with the partnership assets, also as to the ownership thereof ; and as to scheme of arrangement being proposed hj j\Ir. (debtor), was to inquire as to further securi- ties he could offer. (Engaged over 2 hours) 1 - - Writing Mr. K. as to receiving order made against P. and as to proof of debt to be made - 3 o Bankruptcy.'] 664 £ .s. - 13 4 - 13 4 13 4 Subsequently attomlintj; ^Ir. K. on the matter as to state of JJauk's aecuunt ^vith P • - 13 4 Attendiu.u- ^h: K. (special niana.[2:er) advisin*,^ very fully as to vai-kius (jiiestious arisiui!; ou which the Ollicial Receiver directed liim to advise with us, conferring as to riyiits of set- off claimed l)y various debtors in respect of other accounts in which they were interested, which were in credit with the Bank and tjoinoj into the various par- ticulars. (Entrag-ed lon^: time) . May 1. Attending special manager as to debts due to estate and alleged right of set-olf by debtors in respect of the accounts with the Bank and advising as to prin- ciples on which he should be guided and going into matter with him fully. ( Engaged long time) • 4. Attending special manager, Official Receiver and Mr. S.and his solicitor, as to large balance owing to estate by him and security held, m. In lieu of the bond, payment must be made of £:^on into the fee fund of the House of Lords within one week after the presentation of the appeal to the House. (All drafts and che(|ues to be made payable to "House of Lords Fee Fund," and to be crossed " Rank of Lngland, Western Branch.") K;. Petitions for leave to sue in formd jyauperis must be lodged for presentation within one week from the date of the presentation of the petition of appeal to the House : in default, the appeal will stand dismissed under Standing Order No. lY. (Forms of pauper petitions, and of affidavits and certificates of poverty can be obtained from the Judicial Department.) Home of Lords.'] 007 In pursuance of the "Appeals (Forma Pauperis) Act, 180?>," appellants praying for leave to sue in forma 'pmrperis are required to establish to the satisfaction of the Appeal Committee Sijn'imd facie case for the appeal ; they are also required to lodge in the Judicial Department, as soon as possible after the presentation of the petition, a copy of the proceedings in the Courts below, together with references to the reports, if any, of the cause in the Courts below. 24. It is the duty of the appellant, with as little delay as possible after the presentation of the appeal, to furnish to the respondent a list of the proposed documents, and in due course a proof copy of the appendix. The proof is to be examined with the original docu- ments by the respective solicitors of the parties. (Ten copies of the appendix, as soon as printed, to be delivered to the solicitor of the respondent.) The respondent is allowed to print any additional documents, used in evidence in the Court below, which may be necessary for the support of his case on the argument of the appeal, such documents to be paged consecutively with the appendix, in order that the same may be eventually bound up with the appendix, and form one document for the use of the House on the hearing of the appeal. (The proof to be examined, as aforesaid, by the respec- tive solicitors, and prints delivered to the solicitor of the appellant). Shorthand notes of arguments in the Courts below must not be printed by either party. 25. The costs incurred in printing the appendix will, in the first instance, be borne by the appellant, and the costs of the additional documents by the respondent ; but these costs will ultimately be su1)ject to the decision of the House with regard to the costs of the appeal. 41. In all cases where the appellant has paid in the sum of £200 as directed by Standing Order Xo. IV., and where the House shall make any order for payment of costs by the appellant to the respondent, the clerk of the Parliaments or clerk assistant shall pay over to the respondent or his agent the said sum of £200, or so much thereof as will liquidate the amount reported to the clerk of the Parliaments or clerk assistant by the taxing officer, as being due from the appellant to the respondent in respect to the appeal. And in all cases where the amount so reported by the taxing officer shall exceed £200, the clerk of the Parliaments or clerk assistant shall in his certificate credit the appellant with the £200 so paid ovei' to the respondent. And where there shall be two or more respondents entitled to their separate costs, the said £200 shall be divided between the respondents in proportion to the amount of costs reported by the taxing officer to be due to each respondent. And where, after satisfying the Order of the House, there shall be any sum remaining, part of the said £200, the same shall be paid back to the appellant or his agent upon a proper receipt for the same being given to the clerk of the Parliaments or clerk assistant. 42. In all cases in which the appellant is not ordered to pay the costs of the appeal, the clerk of the Parliaments or clerk assist- ant shall, on receiving a proper receipt for the same, pay back to the appellant or his agent the said sum of £20(». 4o. In cases in which an appeal is dismissed for want of prosecu- tion, the appellant shall be at liberty to serve a notice of such dismissal House of Lords.'] 008 according to the form set forth in Appendix D. upon the agent of the respondents (such service to be verified, if necessary, by affidavit), and unless the respondent shall, within four weeks from the date of such service,, if the House be sitting at the expiration of the said four weeks, or, if not, then not later than the third sitting day of the next ensuing sittings of the IFouse, lodges in the office of the taxing officer of the House a copy of his bill of costs, the clerk of the Parliaments or clerk assistant shall, upon a projier receipt for the same being given, repay to the appellant or his agent the said sum of £2()(i. In the event of the respondent so lodging iiis bill of costs as aforesaid, the taxing officer may if the sum demanded by the respondent be less than £200, tax the same, and the clerk of the Parliaments or clerk assistant shall pay over to the respondent or his agent so much of the said sum of £200 as will liquidate the amount reported to the clerk of the Parliaments or clerk assistant as being due from the appellant to the respondent in respect of the appeal, and the remaining i)ortion of the said sum of £2(H) shall be paid back to the appellant or his agent upon a proper receipt for the same being given to the clerk of the Parliaments or clerk assistant. STAXDIXG ORDERS APPLICABLE TO ALL APPEALS PRESENTED TO THE llOTSE OF LORDS OX OR AFTER THE 1st DAY OF X()VE:\IBER, 187G. Staxdixg Order IV. Ordered, in all appeals, that the appellant or appellants do give security to the clerk of the Parliaments by recognizance to be entered into, in person or by substitute, to the Queen of the penalty of £500, conditioned to pay to the respondent or respondents all such costs as may be ordered to be paid by the House in the matter of the appeal ; and farther, that the appellant or appellants do procure two sufficient sureties, to the satisfaction of the clerk of the Parliaments, to enter into a joint and several bond to the amount of £20<), or do pay in to the account of the fee fund of the House of Lords the sum of £200 ; such bond, or such sum of £200, to be subject to the order of the House with regard to the costs of the appeal : Ordered, that within one week after the presentation of the appeal the appellant or apiiellants do pay in to the account of the fee fund of the House of Lords the said sum of £20 •> _ -> •> _ 1 1 - 1 I - 1 1 - K L". - IN THE HOUSE OF LORDS. Ox Appeal i'iio:\r Her Majesty's Court ok Appeal (England OR Ireland). Between A. P>., Appellants, AND C. D. (I ttl, Re.s])ondents. 1. THE APPELLANTS' BILL OF COSTS. SESSION 18 . £ .s-. (I Jan, Attending the appellants, and discussing with them the effect of the judgment of the Court below, and taking their instructions to appeal to the House of Lords, and taking instructions as to recognizance and bond, agent's retaining fee . . . . . . - ];5 4 Instructions for petition of appeal - ];) 4 Drawing same (folios , at i^v. per folio) . Fail- copy for i\Ir. A . (counsel) to settle and sign (folios , at >>'/. per folio) ........ .\ttending him therewith _ 10 - Paid his fee for settling and signing . . . . ,") IT) (; Fair copy of ajjpeal for j\Ir, B. (counsel) to settle and sign House of Lonh.'] 671 £ s. d. Attending: him therewith - ](» - Paid his fee for setthng and signing- . . . . :> l.") Making co]iy of petition of appeal for tlie printer (folios ) Attending the printer therewith (at i'ul. per folio) . . - 10 - Having received proof from printer, examining same (folios , at 2(1. per folio) ....... Attending })rinter, returning proof, and instructing him to print off" the usual number of copies . . . - 10 - Attending serving respondents' agents with printed copy of appeal and with notice of intention to present the same, and also with certificates with regard to sureties and substitute, and also affording information as to sufficiency - 10 - Paid printer's account ....... Attending at ]*arliament Office with appeal, and lodging same for presentation . . . . . .11- Attendiiig Parliament Office, and intimating to officers of the House the appellants' intentions with regard to re- cognizance and bond, and lodging certificates relating thereto . . . . . . . . .-10- Attending at Parliament Office and obtaining order for service on respondents, and perusing same . . . - 10 - Serving copy of order on respondents' agent, at the same time showing the original order . . . . . - 10 - Drawing and engrossing affidavit of service of order upon the respondents' agent . . . . . . - 10 - Attending swearing ........ 10 - Paid oath . " - 2 (; Attending at Parliament Office, and filing order and affidavit thereon . . . . . . . . - 10 - Attending at the Parliament Office and obtaining the recognizance and bond for execution . . . . - 10 - Attending the appellants on entering into the recognizance - 10 - Attending the sureties on entering into the bond, or attending at Parliament Office to pay in £200 in lieu of bond - 10 - Paid commissioner's fee . . . . . . .-(18 Attending at Parliament Office to return recognizance and bond - 10 - Drawing retainer and copy for Mr, A. (counsel) . . - 10 - Attending him - lo - Paid his fee and clerk 2 7- Drawing retainer and copy for Mr. B. (counsel) . . - lo - Attending him - 10 - Paid his fee and clerk 2 7- Drawing and copy of list of documents to be printed as an appendix * (folios , at Is. -id. per folio) * In causes in which it may be possible to utilise, for the purposes of the appeal to the House, printed matter, plans, &c., previously used in the Courts below, it is the duty of the solicitors to communicate with the officers of the Judicial Department in order, if possible, that the cost of reprinting and re- examination may be saved. It may be possible, under certain circumstances, to reduce the number of prints reciuired to be lodged by the directions of the House. House of Lor ih.'\ 072 £ .<*. d. Attendini,^ respondents' af,'ent therewith for his perusal, and fixiiiti" time for settliiiij same . . . . . - U) - AttendiiiL;- the respondents' agent and seDthng'' tlie hst witli him . . . . . . . . . - 10 - Making:- up and arraniiini;- documents in accordance with list as arranged with respondents' a^ent (accordinu' to the truuhle uiven) ....... Fair copy of the said documents lor the printer (I'olios , at i;^/. per folio) in cases in which copies used in the Court below, whether in MS. or print, cannot be sent to the printer ......... Attending him therewith . . . . . . - 10 - Having received pruofs of the appendix from printer, attending respondents' agents with a copy, and arrang- ing with him an appointment to examine the same with the original documents . . . . . . - lo - Attending the respondents' agent and examining and correcting proof with liim (folios , at 'Id. per folio) Attending printer therewith and instructing him to print same . . . . . , . . . . - 1(> - I'aid printer's account ....... Attending paying same . . . . . . .-!<»- Attending respondents' agents, when we supplied them with cojiies for their use and for the use of the counsel. - lo - Instructions for appellants' case . . . . . 1 - - Drawing same (folios , at is. per folio) .... Copy thereof for Mr. A. (counsel) to peruse and settle (folios , at (!//. per folio) Attending him therewith . . . . . . - 1() - Paid his fee (according to the length and importance of the case) Copy of case for i\rr. B. (counsel) to peruse and settle (folios , at ^d. per folio) ...... Attending him therewith . . . . . . - 10 - Paid his fee . It being considered advisable that case should be finally settled and signed in consultation, attending counsel severally fixing consultation 1 - - Paid ]\Ir. A. 's consultation fee and clerk . . . . T) ir» C. The like Mr. P> 5 ir. 6 Attending consultation when case finally settled and signed . . . . . . . . .1-- !Making copy of case as finally settled for the printer (folios , at (I^/. per folio) ...... Attending the printer therewith, and giving him instruc- tions to print the same . . . . . . - 10 - • In the event, at this stage of the proceedings, of a difference of opinion arising between the respective solicitors as to the documents necessary for the Appendix, the solicitors should, under ordinary circumstances, without further conference or delay, follow the practice prescribed in paragraph No. 23 (now No. 24, p. GG7), of the " Method of Procedure." Further conference, however, may be admissible, with a view to preserving a chronological sequence, in cases in which a selection only of letters used in evidence below is desired, or where extracts only are required from lengthy documents. House of Lord.i.] 673 £ s. (L Having received proof of appellants' case from the printer, examiniuu' and correctinnf same (folios , at 2//.per folio) Attending printer with revised proof, and instructing him to print oil" the usual number of copies . . . . - lo - Paid printer's account ....... Attending paying same . . . . . . . - 10 - Attending Parliament Office lodging case and appendix .11- Paid fee thereon . . . . . . . .11- Drawing motion to set down cause for hearing . . . - 10 - Attending House when motion made . . . .11- Attendiug respondents' agents, exchanging cases . . - 10 - Perus'ug respondents' case (at -if/, per folio) Making up copies of appeal, sets of cases, and appendix for both appellants and respondents to be bound for the use of the Law Lords and for counsel, and attending binder therewith and instructing him . . , , - 10 - Paid binder's account Attending paying same . . . . . . .-(IS Attending respondents' agent and supplying him with copies of bound cases for his use and for the use of counsel - 10 - Attending clerk of the table with bound cases for the use of the Law Lords ....... Attending Mv. A. with brief* Paid his brief fee and clerk Note. — This fee is regulated according to the mag- nitude and importance of the case, and in all cases includes the first day's attendance. Attending ^h\ B. with brief* Paid his brief fee and clerk ...... Attending the Parliament Office when we received notice that this cause would be in the paper for hearing on next ....... Attending Mr. A., fixing consultation Paid his fee and clerk ...... Attending Mr. B., fixing consultation Paid his lee and clerk Attending consultation ...... Attending at the Bar of the House this day, when cause in part heard and adjourned to next Paid refresher fee to INIr. A. and clerk Attending paying same ...... Paid refresher fee to Mr. B. and clerk Attending paying same ...... Attending at the Bar of the House this day, when cause fully heard, and further consideration put oft' sine die . ;> (I H Attending at the Parliament Office when we received notice that this cause would be in the paper for judg- ment on next . . . . . . - 10 - Attending Mr, A., informing him thereof . . . - lo - . - 10 - . - 10 - . .") 1.") C . - 10 - . 1 - (; e s . 11 - (5 . - 10 - . 7 U c . - 10 — * Note.— Where the brief fee is under 30 guineas the attendance is 10s. 30 guineas and not exceeding 40 guineas, £1 ; above 40 guineas, £2 2<. J.C. 10 - 1(» - Home of Lorth.'] Attending at the Bar of the lluiise this day. cause con- sidered, and jiidument of the Court below aflirmed or reversed (as the case may be) . . . . . 1 (*> i^ Having received draft judgment from the chief clerk, pLTUsing same, and making certain alterations therein . Attending respondents' airent with draft judgment as alti-red . . . ' - 10 - Attending the chief clerk with draft of judgment settled and signed l)y the agents for both jiarties . . . - 10 - Attending Judicial Office and obtaining signed judgment, and also jtaying House of Lords fees .... House of Lorils fees .....•• Session fee ....••••• •' •' Cab hire, letters, and messengers Ill Attending Judicial Office to receive back £200. . . - lo Drawing this bill of costs and copy for taxing officer (folios , at Is. (■)//. per folio) Attending him therewith and obtaining an appointment to tax ^Making copy of bill of costs for the respondents' agent (folios , at {\d. per folio) Attending him therewith and with notice of appointment to tax Attending taxing .....-.• Paid fees for taxing* Attending settling costs 1(» - 10 - IX THE HOUSE OF LORDS. On Appeal from Heu Majesty's Court of Appeal (England). liKTWKKX A. 15., Appellants, and C. D. et aJ., Respondents. 2. THE RESPONDENTS' BILL OF COSTS. SESSION IS . £ .s. d. March. Having received instructions from the respon- dents to attend to their interests in this appeal, agent's retaining fee . . . . . . • . - 1 ;> -J Attendance at the Parliament Office entering appearance -10 - Attending to ascertain if recognizance or bond duly entered into, and inspecting same . . . . - lo - Drawing retainer for ]\Ir. A. (counsel) . . . . - 10 - Attending retaining him - 10 - * Sixpence in the pound vip to €300, and 1 per cent, beyond that sum cal- culated at the rate of 5s. for each £25, or portion of £25. The fee to be paid by cheque to the Receiver of Fees. House of Lord K.l 675 £ .s. d. Paid his retaining fee and clerk 2 7- Drawiiig retainer for Mr. 1>. (counsel) . . . ._]()_ Atteiidiuii' retaiiiini;- him . . . . . ._]()_ Paid his retaining- fee and clerk . . . . .27- Attendiny appellants' a<(ent when he served me witii copy of list of documents to be printed as an appendix for my perusal, and fixin<^ time with him for settling- same - 10 - Pernsinii- and considerini;- same, when I approved of it (or when I found that certain documents wei'c omitted) . - 10 - Amending- list accordingly and returninti' same . . - 10 - Attending appellants' agent and settling* list with him . - 10 - Attending the appellants' agent when he served me with a proof copy of the appendix, and arranging with him time for examining same with original documents . - 10 - Attending the appellants and examining proof with the original documents (folios , at 2c/. per folio) Attending the appellants' agent when he supplied me with copies of appendix for my own use and for the use of counsel . . . . . . . . .-10- Instructions for case . . . . . . . 1 - - Drawing same (folios , at 2,s-. per folio) Copy of case for Mr. A. to peruse and settle (folios , at i\d. per folio) Paid his fee and clerk (regulated according to the magni- tude and importance of the case) ..... Attending paying same ....... Copy of case for ^fr. B. to peruse and settle Paid his fee and clerk ....... Attending paying same ....... Attending the appellants' agent when he served me with notice of his intention to present a petition for farther time to lodge his case, perusing petition, and signing same as assenting thereto or refusing assent . . . - 10 - Attending the House when prayer of petition complied with, and order made . . , . . . .11- Or if attending before the Appeal Committee . .10 8 It being desired by counsel that the case should be settled and signed in consultation : — Attending Mr. A. fixing consultation . . . . - 1 - Paid his consultation fee and clerk . . . . . .") 1.") (i The like attendance on Mr. B. - lo - Paid his consultation fee and clerk . . . . . ,") 1 .') (> Attending consultation with counsel when case settled and signed. . . . . . . . . . 1 - - ]\[aking copy of case as tinally settled for the printer (folios , at (j(l. per folio) Attending him therewith, and instructing him as to printing . . . . . . . . .-10- Having received proof case from the printer, examining and correcting same (folios , at 'Id. per folio) Attending printer with corrected proof, and instructing him to print copies - 1 - See note, p. 672. -X X 2 Honse of Lords.'] 67 G £ .S-. (I. Attending Parliament Office lodging cases . . .11- Paid fee on lodging same Attending appellants' agent exchanging cases . . . - 10 - Perusing api»ellants' case (at Ail. per folio) . . ^ . Attending apiiellants' agent when he supplied me with ])Ound copies of cases and appendix for own use and for the use of counsel - 10 - Paid moiety of binder's account Attending jMr. A. with brief* Paid his brief fee and clerk XoTE. — This fee is regulated according to the mag- nitude and importance of the case, and in all cases covers the first day's attendance. The like attendance on Mr. B Paid his brief fee and clerk . . . . _ . Attending the J*arliament Office when we ascertained that this appeal would be in the paper for hearina- on next - 10 - Attending ]Mr. A. fixing consultation . . . . - 10 - Paid his consultation fee and clerk ."» J ;') <'» The like attendance on Mr. J> - 10 - Paid his consultation fee and clerk •"• 1 •"> C. Attending consultation 1 - - Attending at the Bar of the House this day, when counsel were fully heard for the appellants, and the further hearing was adjourned until next . . .:!('. S Paid ]\Ir. A. refresher fee 1 1 - (i Attending him . . . • • • • .-!(»- The like :\rr. B 7 M (! Attending him - 10 - Attending at the P^ar of the House this day, when counsel were fully heard for the respondents, and the further consideration of the cause adjourned sine die . . -•> (I 8 Attending at the Parliament Office when we received notice that this appeal would be in the paper for jiulgment on next - lo - Attending Mr. A. informing him thereof . . . . - In - Paid refresher fee to hear judgment . . . . 1 1 - ('> Attending at the P^ar of the House this day, when judg- ment given . . . . • • • • . 1 (> 7 d. 4 1 1 - - 10 - - 10 - - ."» — - 10 - 1 1 - 1 11 For percentage, sec p. GH. Houf^e of Lords.'} 078 J'uid eath Attendinu- at I'arliament Office returning recounizance and bond duly executed lluvint:- received proof of appellant's case and instructions to t:et same revised by IMr. 1^.. writing- you in acknow- lednment ......... AVheii draft case is settled by English counsel, perusing and considering same preparatory to consultation . Attendinu" ^Ir. 1>. fixing consultation en draft case and paying his fee ....... • I'aid his fee and clerk Attending consultation Drawing retainer for ]\Ir, 1> Attending him therewith Paid his fee and clerk Attending him with proof of case and papers . Paid his fee and clei'k** ....... Session fee .....••• • Postages, messengers, and incidental expenses . (; H lU - 1(1 - i:» c. 1 - 10 - 10 - 8 - 11 G SESSION 18 . I'erusing and considering final proof of draft case "Writing yon fully as to case ..... Attending at I'arliament Office, inquiring as to state of causes Paid carriage of appellant's cases from i*Alinburgh Attending at Parliament Office depositing copies Attending opposite agents, exchanging cases Drawing motion that the cause be set down for hearing Attending House when cause set down for hearing . Having received certified copy of proceedings in the Tourt of Session, examining same ...... Attending respondents' agents when they served us with incidental petition, perusing and signing same as assent- ing thereto or refusing assent (if assenting) . Attending House when ])rayer of jietitiim complied with and Order made ........ Or if attending the Apjieal Committee Perusing papers, examining authorities, and preparing forj discussion before the Appeal Conunittee f j\Iaking up sets of cases and appendices to be bound for the use of the Law I^ords and for counsel, and attendin binder therewith and instructinu' him . Paid for binding ....... Attending paying same ...... I''.ndnrsing report of case on jn-ints for Law T^ords - — - 10 - 1 1 - - 10 - - 10 -- 1 I - -10 - 1 1 - 1 (■> 8 1 i - to u 10 - G S 1 ;; 4 • Note.— Fee under £5 5s., 10s. ; £5 5s. and under £10 10s., 15s. ; £10 10s. and upwards, £1. t NoTK. — This is intended to apply only to cases of doubt and difficulty, ■where a careful perusal of papers and authorities is absolutely necessary. House of Lords.'] C79 Attending respondents' ag-ent supplyino; him with copies of bound cases for liis use and for use of his counsel Attending- clerk of the ta))le with bound copies of case for Law liords ........ Attendinu' Lord Chancellor's I'urse Learer lodging certi fied copy proceedings ...... Attending Mr. A. with brief and papers* . Paid his fee and clerk ...... Attending Mr. B. with brief and papers* . Paid his fee and clerk ...... Attending at Parhament Office when wc received notice that this appeal would be in the paper for next Attending Mr. A. to fix consultation ... Paid his consultation fee and clerk .... Attending ]\Ir. B. intimating same .... Paid his consultation fee and clerk .... Perusing and considering appellants' and respondents cases, and authorities referred to, and making notes for consultation and hearing (This charge is regulated by the amount of work done). Attending consultation with counsel .... Attending House all day, Mr. A. part heard, and adjourned till to-morrow Paid his refresher fee and clerk Attending paying same . Paid ]\Ir. B. refresher fee and clerk Attending paying same . Attending House all day, case further heard and adjourned till next Paid Mr. A. refresher fee and clerk Attending paying same . Paid Mr. B. refresher fee and clerk Attendhig paying same . Attending House all day, case fully heard and further consideration adjourned sine die . Attending at Parliament Office when that judgment was to be given on — Attending ]\Ir. A. and instructing him to attend Paid his fee and clerk ...... Attending House when judgment given . Writing Edinburgh agent informing him of the decision Attending shorthand writers for transcript of speeches of Law Lords in delivering judgment (when necessary for any subsequent proceedings in the Court below) Paid their fees for attendance and transcript . Having received draft judgment from the chief clerk Perusing and considering same IMaking copy for the Edinburgh agent (folios ) "Writing Edinbur) (; - 10 - ) 1.) G 1 - - ^; c 8 11 - c. - 10 - 7 U G - 10 - 3 G 11 - - 10 7 U - 10 ?, G - 10 - 10 11 - 1 G - 5 - 10 10 - — o — * Note. — Where the brief fee is under 30 guineas the attendance is 10s. 30 guineas and not exceeding 40 guineas, £1 ; above 40 guineas, £2 2s. House of Lords.'] G80 Havin. fixing consultation on draft case and paying his fee .... . Paid his fee and clerk .... Attending consultation .... Perusing and considering final draft case Paid carriage of parcel with cases . Attendance lodging cases ... Attending opposite agent exchanging cases Attending the appellant's agent when he serv notice of his intention to present a petition for further time to lodge his case, perusing petition, and signing same as assenting thereto (or refusing assent) Perusing papers, examining authorities, and preparing f for discussion before Appeal Committee (where-j requisite)" ....... 1^ Attending the House when prayer of petition considered and order made ...... Or attending before the Appeal Committee Session fee and for correspondence . Postages, messengers, and incidents Attending at Parliament Office, inquiring as to state of causes ...... Making up copies of the respondent's case for the use of the Law Lords and for counsel .... Paid binding (one half) . . . . * . Attending paying same Drawing retainer for Mr. E. (second counsel ) . Attending retaining him ..... Paid his retaining fee and clerk .... Attending several times at the Parliament Office to ascer- tain when cause was likely to be heard, and to-day when we were informed it would be in the paper for hearing on next . Perusing and considering the appellant's and respondents' cases, and authorities referred to, and making notes for consultation and hearing . . . . • (This charge is regulated by the amount of wor done.) Attending ]\rr. E. with brief and papers + S. (I. 10 - 7 — ]() - 1 11 (; 2 - T) — 10 - 1.-) (; 1 - 1 - 10 - 10 - 1 - to -> _ 1 - C 8 o o — 11 (; 10 - 10 - (■) 8 10 - 10 - i — - 10 - * Note. — This is intended to apply only to cases of doubt and difficulty, where a careful perusal of papers and authorities is absolutely necessary. t Note. — Where the brief fee is under 30 guineas the attendance is 10s. ; 30 guineas and not exceeding iO guineas, £1 ; above 40 guineas, £2 2s. House of Lords.'] (;84 Paid his fVe and clerk ..... Atteiidini;' ^Ir. F. with brief and {lapurs . J'aid his fee and clerk ..... AttendinL;' ]Mr. !■]. Hxiny consiikatiun J'aid his consultation fee and clerk . Attendinj;' !Mr. F. intimatinfj same . Paid his consultation fee and clerk . Attending- consultation with counsel Attending House all day when counsel for appellant ii part heard ....... I'aid .Mr. K. refresher fee and clerk . Attendini;' paying' same ..... Paid ^Ir. P. refresher fee and clerk . Attendiii - 10 - ] 1 10 (I 10 10 1 <; - 10 - 10 - 10 - 10 • > o I 11 - 10 - 10 - l;] 10 - For percentage, sec page G74. Hoii^e of Lords.'] 085 IN THE HOUSE OF LORDS. On Appeal from the Court of Session in Scotland. Between A. B., Appellant, AND C. I), ei ah. Respondents. (Edinburgh Agent's Account.) G. THE RESPONDENTS' BILL OF COSTS. SESSION IS . Attendance with the appellant's agent wlien he served intimation of appeal ....... Attending with the respondents receiving their instruc- tions Attendance with the appellant's agent when he served the order of service in the appeal ..... "Writing parliamentary agent instructing him to attend to the appeal on behalf of the respondents ]\laking up set of the record and papers for counsel . Paid Mr. (junior counsel) fee to prepare appeal ease for respondents, and clerk Attending instructing him ...... Writing parliamentary agents in answer as to appeal, and as to counsel to be engaged Attending with appellant's agent arranging what docu- ments should be printed as an appendix Revising draft of appeal case in manuscript (sheets , at Is. per sheet of 2.")0 words) Attending appellant's agent arranging an appointment to examhie proof of the appendix with the original docu- ments Attending appellant's agent examining proof of appendix with original documents (folios , at -J/l. per folio) Making copy of draft case for printers (sheets , at l.s'. (u/. per sheet) ......•• Attendance instructing printers to print case . Revising proof (folios , at 2(/. per folio) Attending ^Ir. (senior counsel) with proof of case, and instructing him to revise same* Paid his fee and clerk Attending printers with proof of case as settled, and ordering revise .....•• Examining same .....•• "Writing parliamentary agent with revise of case Having received back revise, attending printers instructing them to throw off copies Writing parliamentary agent with copies of case Attendance with appellants' agent exchanging cases £ s. (I. -10 - 1 1 - - 10 - - f) — 1 1 - - 10 - - .') — - la 4 10 - 10 - - 10 - C. 8 5 — 10 - ♦Note.— Fee under £5 5s., 10s. ; £5 5s. and under £10 10s., 15s.; £10 10s, and upwards, £1. Houiie of Lords.'] (>8(5 £ s. d. Paid printers' account . . . . . Haviiii;- received an intimation from parliamentary aucuo tliat judgment had been uivon in this cause, writing- the respondents informinu- them - r» - Perusing- and revising- draft jndiinicnL received from parUamcntarv a^ent . . . . . . . - lo 4 "Writim:' liini retuniinu- same . . . . . . - '» - ilakinii' out this account (sheets , at 'Is. per sheet) Postau'es, messaii'es and incidental expenses NoTi:. — In any case where the respondent prints addi- tional documents he will be allowed the same charges as are allowed to the appellant so far as such charges are applicable, A. AV. DUBOURCt, Judicial Taxing Officer of the 12th December, l.'^!);>. House of Lords. II. COSTS IN THE HOUSE OF LOEDS RELATIVE TO PRIVATE BILLS. LIST OF CHARGES FOR PARLL\:^rKXTARY AGENTS, SOLICITORS, AXD OTHERS, IMIEPARHD BY THE CLERK OF THK PARLIAMENTS IN PURSUANCE OF "THE HOUSE OF LORDS COSTS TAXATION ACT, 1841) " (1- & !•} Vict. c. 78). 1. Attendances, CST. '1. Sessional or solicitation fee, ()'.);>. ?>. Time charges, (")'.)."). 4. Drawing documents, Gl).'). 5. J'arliamentary agents' charges for perusing and settling docu- ments drawn by a solicitor, O'.IS. C. Perusals, (i!)'.). 7. Copies of documents, 70(i. 8. Examining documents, 70(i, 1). ^Making up copies of bills, and filling up amendments, 700. 10. IMaking up documents, 7ol, 1 1. Letters, 701. 12. Number of co[)ies of documents allowed (Table A), 702. i:i. Scale of charges for witnesses attending Select Committees, 7o;!. 14. Costs taxable by the taxing officer of the House of Lords, and mode of ])roceeding thereon, 7o'). Any charges included in a bill of costs for proceedings previously to those connected with the pi'eparation of the bill, or the notice or jilans for the same, or (if an estate or other personal bill) the petition for the same, or for other proceedings which are not strictly parlia- mentary, must l)e made out according to the scale allowed in Courts of law in England, Ireland, or Scotland, as the case mav be. HoiiM of Lorih.'\ 687 ]. ATTENDANCES. For every attendance hereinafter specified, '' whencrer the same shall he ahsoluichj necessary''' and shall be actually had (but not otherwise), parliamentary a.uents will be entitled to the charu-es set down in the first column, and solicitors to the charues set down in the second column of this list. At the House of Lords, ran. Agent, solicitor. At each of the following proceedings in the £ s. d. £ s. d. House upon the petition and bill, viz.: — Attending the meeting of the chairman of committees and chairman of ways and means to settle a list of bills to commence in the House of Lords — Promoters 1 ] - 1 1 - Opponents - lU - 10 (5 rromoters. Attending at the private bill office to deposit petition for bill when the same is referred to the Judges, ordered to lie on the table, or other proceeding had thereon . . . i ] - ] i _ Putting up petition, order of reference, Judges' report, and signed bill, for the table of the House 11- Depositing same, and attending the first reading thereof .... Second reading .... Report from committee . Third reading .... Consideration of Commons' amendments Note. — The above charges will include the attendances upon any Lord who is to move any stage of the bill in the House, and the drawing the requisite motions, and also the attendances upon officers of the House in reference to matters con- nected with any stage of the bill or other proceeding. All other special attendances in reference to other proceedings in the House may be charged according to the circumstances of each case, in conformity with such parts of this list as may be applicable thereto. Attendances before the examiners of petitions for private bills : — Lnojrposed Cases. To prove compliance with the standing orders in the case of a petition for a bill, and obtaining indorsement by examiner — In firsL-class bills 2 2- In second-class bills . . . .33- 1 - 1 1 1 - 1 1 1 1 - 1 1 1 - 1 1 Pari. Agent. Solicitor. £ .V. d. £ s. d. 11-11 1 1 Home of Lords.'] 088 If adjourned f(ir further proofs, each sub- sequent attendance when the examiner shall iiKiuire into the same, or attendin-:' to apply for postponement or adjourn- ment ....••• j^O'i'E. — Only one attendance is allowed to be charged for proofs before the examiner in respect of the standing: orders of both Houses, when the same are taken simul- taueously. To prove compliance witli the standing orders in the case of bills from the House of Commons, petitions for additional provision, or bills introduced in lieu of other bills which .shall have been withdrawn Opposed Cases. For every day on which memorials complain-\ _„ o _ 3 ?> ing cf non-compliance with the standing! ' j.^ ^^ o/ders are in([uired into by the examiner, I - - _ ^^ ,- according to circumstances . . I For entering appearances ui»on memorialsj 2 2 - '2 2 beforetheexanuner, and watching proceed-! ~ ^.^ j.^ ings in case such memorials are not called 1 .^ ,, _ 3 3 on, each dav i XOTE. — AVhen the parliamentary agent or sohcitor appears and attends for 2 or more memorials complaining of non- compliance with the standing orders on behalf of the same clients against the same bill, he will be entitled to charge 1 day's attendance only in respect of the same. For every day in which a petition for a bill is on the examiner's daily list, but is not called on 'fsoTY.. — AVhen 2 or more petitions for bills beinu' promoted or opposed by or on behalf of the same clients are appointed for consideration by the same examiner on the same day, but are not called on, the parliamentary agents and solicitors of such clients respectively will not be entitled to such charge m respect of each petition for a bill so promoted or opposed, but may charge any sum not exceeding £1 bs. for additional trouble (if any) in respect of each other petition for n bill on the same list : provided that in no case (except under special circumstances) shall a charge exceeding £•") ^)S. be made in respect of 1 such day's attendance on behalf of the same clients. s> - to House of Lor ills. f 2 2 - Attending when the bill is considered by_j "^ T o o _ the committee I .> ., L o •> - Under sjiecial circumstances in railway and^j other bills I I -J ./ - Attending the committee to apply for a post- ponement or adjournment . . . .11-11- Ojiposed Bills. Attending the committee every day on which the bill is considered by the committee: — When the parties appear without coun- ) sel (according to circumstances) . I "When the parties appear by counsel, f and the preamble is considered by the-! committee ..... (^ AVhen the clauses of the bill are con- ) sidered by the committee . Note. — When the parliamentary agent or solicitor appears and attends for 2 or more petitions against a bill on behalf of the same cheiits, he will be entitled to charge 1 day's attendance only in respect of the same. Attending to watch proceedings by a committee on a group of bills, when the bill in respect of which the parliamentary agent or solicitor is concerned stands for consideration, but is not considered by the committee, per day: — Promoters . . . . . .22-22 Op])onents 11-11 XoTE. — In no case (except under special circumstances) must a charge ex- ceeding £5 i'>s. be made in respect of attending to watch proceedings in the case of petitions against a bill, previously to such petitions being considered. J.c. Y Y to to 5 - 5 5 o 'd 2 _ to 5 5 ^> — '•> ') to to - h 5 Pari. Agent. Solicitor. £ .s. il. £ .s'. (1. 1 1 - 1 1 - to to Home of Lords.'] C.'.io Attendiiiii" to witlulraw a petition . . - \ '2 2 - 2 2 ~ XoTK. — "When 2 or more bills, bcinu- pro- moted or opposed l)y or on behalf of the same clients, are appointed for consideration by the committee on the same day, but are postponed or ad- journed without beini;- considered, or are not sci>arately considered by the committee, the agents or solicitors of such clients respectively Avill not be entitled to such chaiye in respect of each bill so promoted or opposed ; but may cliarue any sum not exceedinu- £11. v. for additional trouble (if any) in respect of each other bill so post- poned, or adjourned, or not se])arately considered: provided that in no case (except under special circumstances) shall a charue exceedinu' £"> 5s. be made in respect of 1 such day's attendance upon the committee on behalf of the same clients. No chai'ge is allowed for attendaiu-e of a clerk to the solicitor on a com- mittee, except for the purpose of beinu' examined as a witness. Otiieii Attendances at thh ITouse ou Elsewhere. Pari. Agent. Solicitor. Special attendances upon the chairman of ( the committees or his counsel in reference- to any bill pendinir in J'arliament . 1^ First attendance on the chairman of the com- mittees to ino throu.uh bill .... Subsequent attendances .... Special attendances (not included in the ses- sional fee) upon the chairman of the com- mittee's secretary or other ollicer of the House -10 - 13 4 Note. — Where more than one of the above attendances at the House take place on the same occasion with refer- ence to the same bill, not more than £1 Is. to be charued for all such attend- ances, unless the time occupied shall exceed 1 hour. At consultation with counsel . . . .11-11- On counsel at Chambers, with retainer, brief, to fix consultation and pay fee, with and for draft bill, and other attendances when fees are paid to counsel . . . . - 10 - - 10 - Attendini:- at the Private liill Ottice to deposit plan, section, and ])Ook of reference . .11- 1 1 - S. (1. £ .s. (/. 1—1 - 10 (', to to 1 - 1 1 - 11 1 11 C, 10 G - V6 4 House of Lords.] 691 Pari. Agent. Solicitor. £ S. d. £, S. d. Attendiny- to deposit " correct amended bill " for the Queen's printers . . . . - 10 (i Other attendances at the House or offices thereof - ](> C. - 13 4 Attendiii 8 At Post ( )ffice registering and posting applica- tions and taking receipt . . . . - 10 (I - lo 4- XoTE. — The applications to owners, lessees, and occupiers should be made by post, if practicable and more econo- mical. "Where personal service is required, a clerk's time and expenses for the purpose of such service may be charged, except where such service can be more economically made through local agents. Preparing and despatching telegraphic message (exclusive of ti'ausinissioii) . . . .-;")--,'»- At Private Pill Oftice to take out appearances - 7 ill for the promoters by the parliamentary agent when tlie bill has received the Koyal Assent £1,') 15 - The sessional fee will include all attendances at the House or the offices thereof, or at any (jovernment ])epartment, as to the stages of the Provisional Order or Confirmation Pill, or for examining the register with reference to petitions or memorials against the bill. The obtaining, perusing, and examining the bill to ascertain that the Provisional Order has been correctly inserted therein, and attendances at any Government Department with reference to the correct insertion of the Provisional Order. AVatching, and, if necessary, assisting at the various stages of the bill in the House, or before the examiner. All letters to the solicitor or client with reference to the progress of the Provisional Order or Confirmation P.ill. If the same agent is concerned for more than one Provisional Order relating to the same locality and included in the same Confirma- tion Bill, an additional sessional fee of £o .j.s. may be charged for every such Provisional Order exceeding one. By the Solk rroii, when a Parliamentary Agent is also EMI'EOVEi). When the bill has received the Ivoyal Assent . . £10 10 - [In case the bill should not receive the Royal Assent, a sessional fee of 2 guineas and upwards may be charged, according to the class of bill and the progress made through its several stages.] The sessional fee of the solicitor will include all charges for his ordinary communications with the parliamentary agent with refer- ence to the progress of the bill through its various stages when no professional advice or instruction is given — delivering documents to the parliamentary agent for deposit ; attendances at the offices of the House to ascertain the position of the bill ; attendances at the office for sale of itarliamentary papers ; attendances at the House to watch proceedings ; and at the Royal Assent. AVhen no parliamentary agent is employed, the solicitor acting in that capacity will be entitled to the sessional fee of parliamentary agent, in lieu of that of solicitor. House of Lords.'] 695 The solicitor is not entitled to charge any sessional fee in the case of a Provisional Order. In cases of opposition to bills, no sessional fee is allowed. 3. TIME CHARCxES. For attendances, &c. : Ordinary ...... I If npwards of an honr .... Or, per hour ...... If required to leave London — Time per day ..... Hotel expenses (And fares actually paid.) A solicitor from the country absent from home in London or elsewhere is allowed — Time per day Hotel expenses .... (And fares actually paid.) XoTE. — The day charge in- cludes all charges for work done during the day. J I (Hotel expenses and fares actually paid.) Note. — In taking the reference, and in serving applications on owners, etc., and making deposits with parish clerks, a charge of £1 11.S. ()(/. per day is allowed for each clerk so employed. Clerks per day Pari. Agent. Solicitor. £ .s. cL £ s. d. - 6 8 - 10 G to - 13 4 1 1 - 1 1 - - 1;} ■i - 13 4 4 4 _ 4 4- 1 1 - 1 1 - 1 to 4. DRAWING DOCUMENTS. Special instructions (if required), and letters therewith : Notice, as to contents and publication Plans, as to form and deposit of ... . Notice to owners, lessees, and occupiers, as to form and service thereof List of owners, &c., as to form of . Note. — Any other instructions as to the above documents or other requirements of the Standing Orders to be charged as a letter. Notice in gazette or newspaper : Instructions ........ If less than 1 1 folios If more than 1 1 folios, per folio .... Book of reference, per folio d. 1 1 10 10 - 13 1 1 _ •> _ Bouse of Lor I Is.'] COG Index to book of reference and register therewith, containing the answers received to applications (inchiding any necessary copies), per folio Lists of owners, lessees, and occupiers, per folio Note. — The above charges include the entering the replies received from time to time ibr the purpose of such drawing. Applications to owners, lessees, and occupiers of lands and houses : Drawing, and fair copy for service, each applica- f tion (including the letter of assent, dissent, or- neutrality left or forwarded therewith) . . 1^ Each notice of abandonment and other notice not being in the form set forth in Appendix A. to the Standing Orders List of applications to be posted or to be served by a witness, and copy for signature, including the obtaining the signature of the witness thereto : Each list Or, per folio Note. — Xo second charge allowed for drawing the above lists of applications for the purpose of handing into the examiner, or other purpose, but as for copying only. Estimates of expense, and requisite copies Declaration in lieu or in aid of deposit of money, and requisite copies ....... Declaration and estimate, and requisite copies . Petition for bill : If less than 1 1 folios ..... If more than 1 1 folios, per folio Bill: Instructions ......' Drawing bill, per folio ..... Additional clauses, per folio .... Statements of proofs on Standing Orders : Proofs previously to the introduction of the bill : Parliameniary Af/rnf. Drawing or perusing same, and fair copy, and forward- warding same to solicitor, together with letter accompanying the same, and instructions : First-class bill ....... Ditto, where lands and houses are taken . Second-class bill £ s. (I. 1 4 "2. - C. 8 to 10 - 3 -I 1 4 - 10 G 1 - 11 (; 2 - •2 - 2 - 1 11 Solirilor. Drawing or perusing and filling up tlic arranging lists referred to therein, and the same, with letter accompanying, to mcntary agent : First-class bill ..... Ditto, where lands and houses are taken Second-class bill .... same, and forwarding the parlia- 1 - 3 - How^e of Lonh.'] COT Parliainen larij Afjm t. Perusing- and finally aiTauging the same for proof before the examiner : First-class bill ........ Second-class bill ....... If the solicitor is also acting as parliamentary ageut, he may charge for statement of proofs, including final arrangement of the same : First-class ........ Ditto, where lands and houses are taken . Second-class Proofs subsequent to introduction of bill : J I Solicitor Parliamentary agent Or, if the solicitor is also acting as parliamentary { agent Xo other or further charge is allowed to parlia- mentary agent or solicitor, with reference to the preparation of the statement of pi'oof . Memorials complaining of non-compliance with Standing Orders : Instructions ........ If less than 11 folios ...... If more than 1 1 folios, per folio .... Statement for Standing Orders Committee (according to j length and other circumstances) , . . . "| Or, per brief sheet of 10 folios Petition against bill, and praying to be heard before the committee : Instructions ........ If less than 1 1 folios ...... If more than 1 1 folios, per folio .... Petitions for additional provision, or for dispensing with Standing Orders : If less than 11 folios ...... If more than 11 folios, per folio .... Other petitions with reference to bill : If less than 1 1 folios If less than IT) folios ...... If more than 1 5 folios, per sheet .... Or, per folio ........ Briefs : Instructions for brief (according to circumstances). Drawing same, per brief sheet of 10 folios Retainers to counsel — Drawing and copy Case for opinion of counsel : Instructions ........ Drawing, per sheet ...... £ .S-. (I. - 10 1 1 - 2 2 .) f> -1- 4 1 1 to 2 2 1 1 to 2 2 2 2 to - ];; 4 1 1 - - 2 - — 1:5 to 4 '2 •> - - l;5 4 18 4 1 1 - 2 ~ 1 1 _ - 2 - _ 13 4 1 - - - \?> 4 - 1 4 1:5 4 - 10 - _ l;5 4 - i;5 4 House of Lords.] G98 Proofs of witnesses or notes for cross-examination : Instructions (includinu-, in case of proofs of witnesses, any previttus attoudance on the witness) Drawing, jier sheet ....... Statements, reports, abstracts, or other documents prepared for use in jjrdceedings of the House, or in preparing to comply with the Standing Orders, per foHo Or, per brief sheet of 10 folios Attidavits (including attendance on the witness): Kach atlidavit, including lists attached thereto and fopy . ( )r, i)er iulio ........ Requisition for warrant fur deixisit of muney, and copy for signature ......... Warrant, and attendance to get same signed . lleciuisition for certificate of the chairman of committees of the House of Lords Attendance for certificate and obtaining same . Keiiuisition for withdrawal of petitions or memorials ^Motions, special : Drawing and fair copy for Lord to move . . . - 10 - XuTE. — Charges for drawing and copies of all ordinary motions on the several stages of the bills, and other proceedings in the House, to be included in the fees for attendance. Summons for witnesses (drawing and copy for service) . - 5 - Other documents connected with the case, and not specified above, per folio . . . . . . • . - 1 - XoTK. — Hi all cases the charge for drawing any docu- ment will include the fair copy to keep, or for counsel or agent to settle. Provisional Orders. The charges for drawing the Provisional Order notices and other documents similar to those required in the case of private bills, and copies thereof (limited according to Table A.) may be made out according to the same scale. ];i 4 j;] 4- 1 4 18 4 10 1 4 10 _ 10 - 10 _ 10 - 10 - :>. PAPJJAMEXTARY AGENTS' CHARGES. For I'ERusiNG axd settling Documents drawn by a Solicitor (wiiKx required). d. Notices for gazette and newspapers : H' less than 1 1 folios If more than 1 1 folios (according to length andj other circumstances) ..... j Petition for bill : H less than I 1 folios ...... If more than 1 I lolios ...... ()v, if the same shall exceed 50 folios, l6'. per folio upon tiie whole petition. 1 1 1 1 to 2 2 1 1 1 1 to -> •> (; 8 to 1 - House of Lords.'] 009 £ .9. d. Petitions for additional ju'ovision, or for dispensing; with the Standing Orders : Petitions against bill, and praying to be heard befoi'e the committee, or memorial com- plaining of non-compliance with the Standing Orders — the same charges as for a petition f(jr a bill. Other petitions against or in favour of bills, each petition -08 Statements for Standing Orders Committee, reports, and other documents (if required), when the same have been drawn by the solicitor (according to circum- stances ... Or, per brief sheet of 10 folios . . . . . - (> 8 Perusing and settling bills and preparing the same in par- liamentary form and for press : For any bill not exceeding 00 folios, according to"^ 2 2- the length of the bill and the nature and extent [- to of revision . . . . . . . J .') 5 - For any bill exceeding ('.(» folios and less than 1 •")(»,'] 5 5 - according to tlie length of the bill and the nature [- to and extent of revision . . . . . J 10 10 - For any bill exceeding l."»0 folios, according to the length of the bill and the nature and extent of revision; but, if above £10 Ids., not exceeding (except under special circumstances) one half the charge for drawing such bill . . . .55- aud upwards. Perusing and settling clauses and amendments (according to length and other circumstances, but not exceeding, per folio) -1- NoTE. — The charges for perusing and settling include a copy as perused and settled for own use, if required ; and no copy is to be charged for the purpose of returning the same as settled. Xo charge is allowed for perusal and settling by the party who charges for the drawing : but he may charge for a perusal (if necessary) of the document as settled, according to circumstances, but not in any case exceeding half the charge allowed for perusal and settling of the draft. 0. PERUSALS. Perusals generally should be charged by the time occupied ; but, if per folio, not exceeding . . . . . - - 4 Obtaining and perusing report of Board oi Trade or Local Government Board on bill - 10 6 Perusing a petition or memorial against bill : If under 20 folios - 8 If above, per folio - - -A House of Lonh.'\ 700 7. COPIES OF DOCUMEXTS. £ . For copies of documents not included in Table A., per folio --4 Note. — For the number of copies allowed to be charged at \)(l. and i'ul. per folio, ride Table A. 1:^. In cases where petitions, minutes of evidence or other documents are printed, copies of the same are not allowed to be charged, except as specified in Table A., but only the cost of printing and the necessary attendances on the printer, or otherwise. S. EXA:\rL\IXG PPtlXTED DOCUMEXTS. £ s. (I. Prints of bills : Proofs - 1:5 4 Or, per page of print . . . . . . - J - Revises - (» 8 Or, per page of print - - C Ordering proofs of estimate or declaration, examining same and all revises, and returning same to printer, with instructions to print - 13 4 X'OTICE.S IX (Iazette AXD X];W.SPAPE1{. Each newspaper : Forwarding notice to printer, with instructions . .-08 Examining proof, >>•<. Ad. to . . . . . - 10 - PiCturning proof and ordering insertion for ;> weeks or otherwise . . . . . . . . - (J 8 Examining notice on each insertion . . . . - ;> 4 If a revise is necessary, an addition for ordering revise and examining same, of each revise . . - 10 - No other or further charge is allowed with reference to printing the notice. House of Lords.'] 701 9. 3IAKING UP COPIES OF BILLS AND FILLIXG UP AMENDMENTS. £ .S-. d. Blanking bill, drawing arrangement of sections and finally settling bill for printer . . . . . . i i _ flaking np bill in parliamentary form for House, and deposit of the same . . . . . . . i i _ Filling np bills with amendments : For the first copy i unless the amendments be very) - 8 For each other copy i numerous . . J - JJ -t If new clauses or amendments be added exceeding (') folios, copies of the same may be charged at (!//. per folio. Marking on print of bill the amendments made therein, for examiner . . . . . . . , _ (j g Note. — A manuscript copy of the amendments is not allowed to be charged. Altering bill as an Act, and attending printer with in- structions to strike off copies . . . . . - 10 (I 10. MAKING UP DOCUMENTS. £ s. (1. Examining and making up plans and books of reference for the purpose of deposit, each set . . . . - 10 6 Ditto list of owners, &c., and other documents deposited therewith _ Xq i; The examining and making up the deposits lor the parish clerks to be charged according to the time occupied. 11. LETTERS. Letters containing professional advice or instructions . - 5 - If exceeding G folios in length _ 10 - Other letters _ 3 (j Note. — The ordinary correspondence between parlia- mentary agents and solicitors is not to be charged to their clients ; but such letters only as contain professional advice and instructions. Circulars _1_ In cases for which no specific charge is stated in the foregoing Table, the charge is to be made out according to the time occupied.' Parliamentary agents are required to make the same charges in respect of Scotch business as of English or Irish. Notice to Paeliamentary Agents. The Chairman of Committees calls the particular attention of the parliamentary agents to the Order of this House of the IGth instant, House of Lords.'] 702 relatiiiir to " Petitions praying to be hoanl upon the merits against any bill in either of the dasses mentioned in Standing Order No. 17^!." He directs therefore that any agent who may be con- cerned for such petitions, will henceforth print the same as soon as he may consider it necessary that copies should be made, as nothing can be allowed in future bifls of costs for any copies of such petitions, except the one for the printer. Private Pill oilice. House of Lords, February ITtli, isi;."). The agents are directed to deposit in the Committee Clerks' Office, for the use of the Select Committee, 6 copies of every opposed private bill, such deposit to be made immediately after the presenta- tion of any petition praying to be heard against any such bill ; and the agent's for such petitions are to deposit in the same office 10 copies of every such petition as soon as printed. Private Pill Otliee, March 7th, list;.:). 12. TAPLP A. Copies allowed to be charged besides the copy the charge for which is included in that for drawing. Number of Copies. Promoters. ^_ ^-^f,; Notices for each gazette and newspaper .... - 1 Book of reference : For each deposit of entire book of reference (where deposited in manuscrii)t) 1 Amongst parish clerks ...... 1 For making section for applications . . . • - J List of owners, lessees, and occupiers, for deposit in Parliament . . . . • • • • . ' "' ~ Applications served by a witness, for use before examiner . - 2 Petition for bill, engrossed copy for deposit ... 1 Bill, for press ~ ^ Statement of proofs, for the examiner : For agent .....-••" 1 For solicitor ~ 1 For examiner ....••••" Memorials : For agent ......-•" ^ For solicitor ~ ' For engineer (if necessary) - ^ Statement for Standing Orders Committee : For committee and use - '* Petition against bill : For agent ......••- 1 For solicitor ~ ^ Hoio^e of Lords.'] 70.-; Briefs : For each counsel (not exceedinf;,- ?>) Proofs of witnesses : For each counsel (not exceeding ?>) For witness (if required) . Notes for cross-examination : For each counsel (not exceeding ;») Number of Copies, at 9d. at 6d. per fo. per fo. 1 1 QprOXENTS Memorial : Engrossed copy for deposit For agent .... For solicitor .... For examiner .... Statement for Standing ( )rders Committee For committee and use Petition against : Engrossed copy, for deposit For agent .... For solicitor .... Briefs : For each counsel (not exceeding 3) Proofs of witnesses : For each counsel (not exceeding 3) For witness (if required) . Notes for cross-examinations : For each counsel (not exceeding 3) The copies above enumerated are those ordinarily allowed to be charged. Any further copies of the documents named in the fore- going Table, or any copies of documents not named therein, which may'be necessary for the case, are to be charged at the rate of 4^/. per folio, or, if the document is in print, at the rate of 'Id. per folio. 13. SCALE OF CHARGES FOR WITNESSES. Accountants . Apothecaries . Architects Auctioneers . Barristers Chemists and druggists Civil engineers* . Hotel ex- Time penses if from home £ S. d. £ s. d. 1 1 - 1 - - 1 1 — to 1 1 - -) 2 - - K) - - 15 - to to 1 1 - 1 1 - •> 2 - 1 1 - 1 1 - 1 1 - 2 2 - 1 1 - * This does not apply to professional evidence. House of Lorih.'] 70-I- (.'lergymcn (Merks Fiirmt'i'S or youmcu (xentlemen lunkcepers .... Labourers .... ^lechanics, etc. (Officers of army or navy Physicians .... Police constable . Police Serjeant or superintendent Soldiers, common . Solicitors .... Surgeons .... Surveyors .... Tradesmen .... T - 10 to 15 - 10 to 1 - Hotel ex- penses if from bouie. +• S. (/. 1 - 10 - to 1.") - 1 - (only.) - - 10 - to - i:. - 1 1 I - to - 10 - 1 1 - •> -J _ to 1 1 - to to - 10 - 1 1 - 1 1 - - 7 - - 7 - to - 10 (; - 7 - 1 1 - '12 — 1 1 - - 7 C 1 1 - 1 1 - - 7 <; to - IT) - (This is, ui to - IT) - der special I - circumstances, sometimes increased to £1 \s.) XoTE. — Higher charges are, under special circumstances, some- times allowed to professional gentlemen. Sundays do not count as time. Travelling expenses — the sum necessarily expended. The charges and expenses of witnesses can be taxed at any time, upon ajtplication being made to the taxing officer of the House of Lords. HENRY GRAHAM, Cler. Parliamentor. House of Lords, August, 1888. House of Lords.'] 705 14. COSTS TAXABLE BY THE TAXING OFFICER OF THE HOUSE OF LORDS, AND MODE OF PROCEEDING. The costs taxable by the taxing- officer of the House of Lords are — All costs, charges, and exi)enses, includiiiti- the expenses of witnesses, of and incidental to the preparation, bringing in, and carrying through Parliament any railway or other local and personal bill, and any estate or other l^rivate IMll, or any Provisional Order or Provisional Certificate, and the costs, charges, and expenses incurred in opposing any such Bill, Provisional Order, or Provisional Certificate. Such costs are taxed either under the provisions of the 12 & 13 Vict. c. 78, and the 28 & 29 Vict. c. 27, or upon a requisition of one of Her Majesty's principal Secretaries of State, or of a Government Depart- ment, or of any Court in England, Ireland, or Scotland, or in the discretion of the taxing officer at the request of the pai-ties interested in the same. The Mode of PplOceeding. When the costs are to be taxed under the provisions of 12 & 13 Vict. c. 78, a copy of such costs, with an indorsement thereon stating that a copy of such costs had been duly served upon A. and B., who are the parties liable to pay the same, and requesting an appointment to tax, must be deposited in the Taxing Office of the House of Lords, and due notice of an appointment to tax will be sent from the Taxing Office to each party. "When costs are to be taxed under the provisions of 28 & 29 Vict. c. 27, a copy of such costs (with an indorsement thereon stating that the provisions of section o of the above Act, so far as the same relate to the delivery of the bill of costs to the party chargeable with the same, have been complied with, and requesting an appointment to examine and tax the same), must be deposited in the Taxing Office ; and such application must be made to the taxing officer within the time limited by the said section of the said Act. In the case of bills of costs which are referred by any of the Courts, a requisition is endorsed on the back of the original bill, as follows : — The Chief Clerk, Taxing Master (or as the case may be) requests the taxing officer of the House of Lords to tax the within bill of costs, and to report to him the amount at which he has allowed the same. (Signed) A. B. NOTICE. Any parliamentary agent, attorney, solicitor, or other person apply- ing for the taxation of any bill of costs, charges, and expenses incurred by him in promoting or opposing any Private Bill, Provisional Order, or Provisional Certificate, in Parliament, is desired to deposit in the office of the taxing officer, at the time of making such application, a copy of such bill of costs, charges, and expenses, with the several items added up and the amount ascertained and set out, together J.C. z z House of Lords.'] 7<>(; uitli a declaration sitrned by him statinill. £ -s. d. Deposit of original plan - 10 l! Order for consideration of Standing Order . . .11- Order thereon • • .11- Certificates of examiners in case of any one bill . ..">-- Order referring certificate to Standing Orders Com mittee ......•• Standing r)rders Committee thereon . . . .4 1.") Report of Standing Orders Committee thereon made on the day of consideration thereof ..... Report of Standing Orders Committee thereon made on a subsequent day ......-• Report of Standing Orders Committee, orders not to be dis- pensed with ........ First reading '* '* ~ Notice of second reading - lo (» Second Reading — Personal l)ills : — Estate ) Patent I)i.«abilities removal .... Divorce ....... A.- Naturalisation - 27 - Name UJath (No second reading fee is charged upon an Indemnity or Restoration Bill.) Local Bills : Bill relating to charital)le, literai-y, or scientific purposes whereby no private profit or advantage is derived 1 1 - j — ■> ■> - 1 1 - 1 1 - 81 House of Lords.'] 707 £ s. (I. For the supply of gas only : For the supply of water only : Where the capital to be raised does not exceed £2r),()()0 -,4 _ _ Exceeds £2r),000 and does not exceed £50,000 . . si - - Exceeds £r)0,()(»() and does not exceed £200,000 .108 - - Exceeds £2U0,0()() 1;;-, - - Other bills, where the capital to be raised does not exceed £2r),000 ,si _ _ Exceeds £25,000 and docs not exceed £2()0,<)()0 .loS - - Exceeds £200,000 13.-^ _ _ All other local bills 81 _ _ The second reading fees on bills promoted by local authorities are limited to £27, £54, and £81, as the case may be, except in the case of bills authorising the receipt of any rate, charge, fare, or similar revenue in respect of the exercise of powders beyond the districts of the local authorities. £ s. d. Order referring petition for estate bill to Judges . .11- Every petition in favour of or against a bill . . .11- Every petition praying to be heard against a bill Every petition in favour of a bill and praying to be heard against alteration therein .... For the first or first and second days on which an agent only appears in support of a petition . . . .."51 For every subsequent day . . . . . . 1 - For the first day on which counsel appear in support of a petition For the second day ........ For every subsequeut day ...... Order for attendance of witnesses (each witness) Every witness to whom an oath or affirmation is adminis- tered at the bar of the House . . . . . 1 G - Every witness to wiiom an oath or affirmation is adminis- tered before a committee . . . . . . - 2 - Petition for additional provision .... Certificate of examiner thereon . . . . . 5 - Order thereon . . . . . . . .11 Standing Orders Committee 4 15 Report of said committee . . . . . .22 Report of Judges on petition for estate bill . . .11 Commitment of an unopposed bill . . . . .11 Commitment of an opposed bill, committee to be proposed by Committee of Selection . . . . . . '1 '2 Report of Committee of Selection . . . . .11 ( )rder for committee on opposed bill to meet . . .11 (jrder giving leave for counsel to be heard before a committee . 11 * Bar fee, £3 10s. ; attendance, £4 4s. ; committee, £3 Is. t Bar fee. \ Bar fee, £8 10s. ; committee, £1. z z 2 10 15 t3 10 t-t 10 1 1 .» — — House of Lords.'] 708 For the first day on which counsel appear in support of bill For eveiy subsequent day . . . C'ominitt'ee on any personal bill in division marked A. Committee on any other bill Estate bill reported with amendment on the day on which committee has met ...... Estate bill on a snl»sequent day .... Estate bill specially reported on day (with amendment on which committee has met . (without amendment ,,,.,, , ^1 ( with amendment Estate lull on a subsequent day . |,vithout amendment Any other bill reported with amendment on day on whicl committee has met ...... Any other bill reported with amendment on a subsequent day Anv other bill specially reported on | witli amendment day on which committee has met! without amendment Any* other bill on a subsequent ( with amendment clay \ without amendment lieport, bill not to proceed ..... Order on report that promoters do not intend to proceed further with bill Proofs sent to the House of Commons Amendment of bill (H. C.) Copy of amendments Notice of third reading Third reading : Bill (H! L.) containing not more than I'O pages of print ......... Bill (II. Ji.) containing more than 2u pages Bill containing evidence clause (ix. per folio of 72 words, with lo-v. added). .\mendment on third reading . . . . . Producing before a committee of the House of Com- mons on a l»ill any document in the custody of this House £ s. (J. "7 U - t;i ](• - •J If) - 4 15 - 1 J I 1 1 1 - 1 1 - 1 1 - u» (; 10 15 1 1 - 1 1 l*ROVisioxAL Order Confirmation Bills. The same fees are charged as in the case of local bills, except that no fees are charged to promoters. General Fees. Inspection of a plan or other document .... Copy of document, per folio of 12 words .... The inspection fee to be charged in addition when the document is 2 years old and upwards. Copies of documents earlier than Geo. III. to be charged double the above fees. - - c * Bar fee, i3 IDs. ; attendance, £4 4s. t Bar fee. House of Lords.'] 700 Copy certitied by the clerk of the Parliaments . (In addition to the above.) Fees on Taxation. £ s. 1 1 For every application or reference to the taxing officer of the "House of Lords, for the taxation of a bill of costs 1 - £1 per cent, upon the amount of the bill as sent in for taxation, or added to on taxation. On the deposit of every memorial comjilainin^- of a report of the taxing- officer 1 - For every certificate which shall be signed by the clerk of the Parliaments . . . • • • . ■ ^ " For copies of any documents in the office of the taxing officer, per folio of 72 words - - HENRY GRAHA:\r, July 28th, 1801. Cler. Parliamentor. XIY. COSTS IX THE HOUSE OF COMI^rONS. Thu House of Commons Costs Taxation Act, 1S47 (KJ & 11 Vict. c. CD), empowers the Speaker of the House of Commons to prepare lists of charfjes to be allowed solicitors, parliamentary agents, and others, in respect of any proceedings in the House of Commons relating to any petition for a Private Bill. By the House of Commons Costs Taxation Act, 187 it (42 & 43 Yict. c. 17), the provisions of the House of C(mimons Costs Taxation Act, 1847, are extended to the costs of obtaining or promotion of, or opposition to, any Provisional Order or Provisional Certificate, or any bill for confirming the same ; and in respect to the promotion of any bill by any public trustees or commissioners, or by any municipal or other public authority, and in respect to the opposition to any public and general bill. The authorised charges under the above statutes arc set out below. House of Commons.'] 711 IN THE HOUSE OF COMMONS. LIST OF CHARGES FOR PARLIAMENTARY AGENTS, SOLICITORS, AND OTHERS, PREPARED BY MR. SPEAKER, IN PURSUANCE OF THE "HOUSE OF COMMONS COSTS TAXATION ACT, 1847" (10 & 11 Vict. c. GD). 1. Attendances, p. 711. 2. Sessional or solicitation fee, p. 718. 3. Time charges, p. 720. 4. Drawing- documents, p. 72(». 5. Parliamentary agent's charges for perusing and settling docu- ments drawn by a solicitor, p. 724-. G. Perusals, p. 725. 7. Copies of documents, p. 725. 8. Examining printed documents, p. 725. 9. Making up copies of bills, and filling up amendments, p. 72G. 10. Making up documents, p. 72G. 11. Letters, &c., p. 7i(;. Table A., p. 727. Any charges included in a bill of costs for proceedings previously to those connected with the preparation of the bill or the notice or plans for the same, or for other proceedings which are not strictly parliamentary, must be made out according to the scale allowed in courts of law. Solicitor. £ s. cL 1. ATTENDANCES. For every attendance hereinafter specified, whenever the same shall be necessary, and shall be actually had (but not otherwise), parlia- mentary agents will be entitled to the charges set down in the first column, and solicitors to the charges set down in the second column of this list. At the House of Commons. Pari. Agent. £ s. d. At each of the following proceedings in the House upon the petition and bill, viz. : — Promoters. Attending to obtain petition for bill from the Private Bill (Office and get the same pre- sented, and petition referred to Standing Orders Committee, or bill ordered, or othe proceeding thereon .... First reading of the bill Second reading ..... Report ...... Consideration of report .... Third reading ..... Consideration of Lords' amendments g r 1 1 1 - 1 1 1 1 1 1 1 1 1 1 House of Commons.'] ~ 1 - Pari. Agent. Solicitor. a s. (I. £ S. iL XoTE. — The above charues ^Yill inchule the attendances upon members at the House who are to present petitions or to move any sta, _ 2 2 to to Hoi(i•. d. case shall more than ;) such attendauces be charged : — Promoters . . . . . .11-11- Opponent.s - lo ("> - lo C Committee on thr 11 HI — Uno2ypose(l Bills. Attending when the bill is considered by the 1 ^ ~ committee ..... j to Under special circumstances, in railway and other bills ...... Attending to withdraw a petition . . ^ Note. — "When two or more bills, being promoted or opposed by or on behalf of tlie same clients, are appointed for consideration by the committee on to 5 to to Attending the committee to apply for a post- ponement or adjournment . . . .11-11- Opposed Jiills. Attending the committee every day on which the bill is considered by the committee : — [ •> '>, _ •?,?>_ Wlien the parties appear without I ' ' ' ' counsel (according to circumstances) i . .!' _ . P "When the parties appear by counsel, I 3 3 - and the preamble is considered by ■ 2 '2 - to the committee . . . . ( ,").')- "\^'hen the clauses of the bill are con- \ sidered by the committee . . | Note. — "When an agent or solicitor appears and attends for 2 or more petitions against a bill, on behalf of the same clients, he will be entitled to charge 1 day's attend- ance only in respect of the same. Attending to watch proceedings of a com- mittee on a group of bills, when the bill in respect of which the agent or solicitor is concerned stands for consideration, but is not considered by the committee, per day : — Promoters . . . . . .22-22 Op|ioneuts 11-11 Xo'J'K. — In no case (except under special circumstances) must a charge exceeding £5 5.s-. be made in respect of attending to watch proceedings in the case of petitions against a bill, previously to such petitions beimr considered. 1 - 1 1 to to •> _ 2 2 Home of Commons.'] 715 Pari. Agent. Solicitor. £ s. d. £ s. d. the same clay, but are postponed or adjourned without being- considered, or are not separately considered by the committee, the agents or soh'citors of such clients respectively will not be entitled to such charge in respect of each bill so promoted or opposed, but may charge any sum not exceeding £1 l.s. for additional trouble (if any) in respect of each other bill so post- poned or adjourned, or not separately considered ; provided that in no case (except under special circumstances) shall a charge exceeding £5 5s. be made in respect of 1 such day's attendance upon the committee on behalf of the same clients. No charge is allowed for attendance of a clerk to the solicitor on a com- mittee, except for the purpose of being examined as a witness. Other Attendances at the House, or Elsewhere. Special attendance on Mr. Speaker or the chairman of the committee of ways and means in reference to any bill . . .11-11- Attending members of the House on special and necessary occasions (other than moving the stages of the bill) . . . .11-11- First attendance on ]Mr. Speaker's counsel to go through bill . . . . . .11-11- Subsequent attendances - 10 (i - 1;; -1 Special attendances (not included in the ses- sional fee) upon Mr. Speaker's secretary, or other officer of the House . . . - 10 - 13 -4 Note. — Where more than one of the above attendances at the House take place on the same occasion with refer- ence to the same bill, not more than £1 1.S-. to be charged for all such attendances unless the time occupied shall exceed 1 hour . At consultation with counsel (the agent, only when required to attend) . . . .11-11- On counsel at Chambers with retainer, brief, to fix consultation, and pay fee, with and for draft bill, and other attendances, when fees are paid to counsel ..... Attending at the Private Bill Office to de]iosit the petition for the bill, with agent's declara- tion and printed copy of the bill annexed, and other printed copies of the bill, and registering the petition in the general list of petitions ...... 10 - 1 - House of Common xS] 71(5 Pari. Agent. Solicitor. £ .s. . . . - lo C. - l;> -J If ;-! l)etitions, and less than 7 . .11- 11- If 7 petitions, aud less than 12 . . 1 1 1 C 1 1 1 ( For any number exceeding 12 . .22- 2 '1 - XOTi;. — The indorsing petitions and ])reparing the same for deposit are included in the above fees, except when the same are prepared by the solicitor, when from ;5.s-. 4^/. to (J.s. ^d. is allowed for indorsing a petition or set of petitions, aud ti'ansmitting the same to the parliamentary agent for the purpose of deposit (exce^it where included in the sessional fee). On taxing officer for the jiurposeof taxation . of a bill of costs .... 10 - 18 to to 2 - 2 2 House of Commons.'] 717 Pari. Agent. Solicitor. £ 5-. (1. £ S. d. XoT)';. — Xo charg-o is allowed for copies of a bill of costs for taxation except when necessarily made for the purjjose of depositing the same in the Taxing- Office. On a witness settling his proof (if necessary) . - (I 8 - 8 Note. — If attendance requisite on many witnesses on the same occasion, a charge to be made according to time occupied. The attendance on a Avitness for the purpose of settling an affidavit is included in the charge for drawing affidavit. The attendance on the witness pre- viously to drawing his proof is included in the charge for instructions for proof. With a witness to be sworn . . . . - C. 8 - 8 At Post Office registering andjiosting applica- tions and taking receipt . . . . - 10 - l;! 4 NoTi;. — The applications to owners, lessees, and occuj tiers should be made by post, if practicable and more economical. Where personal service is required, a clerk's time and expenses for the purpose of such service may be charged, except where such service can be more conveniently made through local agents. Preparing and despatching telegraphic message - T) - - 5 - At Private Bill Office to take out ap})earances . - 7 (! Note. — Only 1 charge to be made for taking out appearances on any number of petitions from the same clients on the same day. On printer with instructions . . . .-(".8-08 XoTK. — When attendances to order })roofs is charged, no charge is allowed for subsequent attendance to obtain ])roofs. Ko attendance to be charged for ordering further additional copies. Provisional Ordees. Attendances at any Government Department for the purpose of giving proofs . Other attendances at a Government Depart- ) ment 1 If a Provisional Order is o]»posed in Parliament, the same charges may be made for attendances in committee and other proceedings consequent on 2 _ 2 2 10 ('. - 10 to to 1 - 1 1 Home of Commons.'} 718 I'arl. Agent. Solicitor, i: N. (/. £ .v. (/. such Opposition as in tlie case of opijosed private bills. Attendances of a Ci.krk. Before a committee or the examiner to liive evidence - K) C - 10 (', If in favour of or against an (i])]ii)sed hill, or in supjiDrt of or aiiainst alleviations of a memorial . . . • • • .11-11- To order and obtain copies of a petition or jietitions in favour of or asiainst a bill or other documents . . . . . - 7 (! - (I 8 XoTE. — Only 1 attendance is allowed to be charged for ordering and obtaining any number of ]ietitious against the same bill at the same time. Attendance on members of Standing Orders Committee, ]'2 in nninbcr, to de])Osit state- ment 11-11- Other attendances of a clerk . . . . - 7 <> - (i 8 ■2. SESSIONAL OK SOLICITATION FEE FOR SOLICITING THE BILL FOR PROMOTERS P,Y THE PARLIA- :\IENT.\RY AGENT. "When the bill has received the Royal Assent . £20 T) - (In case the bill should not receive the Royal Assent, a sessional fee of £2 2s. and upwards may be charged, according to the class of bill and the progress made through its several stages.) The sessional fee will include all attendances not otherwise specially mentioned in this list, at the following offices of the House of Commons, viz. : — At the House for the purpose of watching proceedings, and Royal Assent. Chairman of the committee of ways and means : To deposit bills, clauses, and amendments, and afterwards to obtain the same, and all other formal attendances. Committee of selection or general committee on railway and canal bills : To deposit bills, and on other occasions when not specially required to attend. ^Ir. Speaker's counsel : To deposit ]»rints of bills, and afterwards to obtain the same, and all other formal attendances. ^Ir. Speaker's secretary : All formal attendances to leave amended bills and clauses, and to obtain the same agreed to. The examiner : To dejiosit bills, and apply for appointments, and all formal attendances. Private Bill < )nice : To give notices. House of Commons.'] 711) To examine register with reference to deposit of petitions or memorials against bill, and for other purposes, and other books. To deposit prints of bills, amended bills, and copies of proposed amendments. Fee Office : To pay fees, and all other attendances in reference thereto, and with copies of bills, when required. Journal Office : To order and obtain copies of reports, petitions, and other pajDers, except in the case of opposed bills, when 7-s'. ^\d. may be charged for attending to bespeak and afterwards to obtain the same. Committee Clerks' Office : To deposit bills, and all ordinary attendances with reference to the progress of the bill. Door-keepers : To deliver prints of bills, &c. Offices for the sale of parliamentary papers : To obtain printed i-eports and other papers required for use in the progress of the bill. The sessional fee w-ill also cover all ordinary communications of the agent with the solicitor, with reference to the progress of the bill through its various stages, when no professional advice or instruction is given. Provisional Orders. Sessional fee for soliciting the Order and Confirmation Bill for the - promoters by the parliamentary agent, when the bill has received / the Royal Assent . . . . . . . £15 15 - The sessional fee will include all attendances at the House, or the offices thereof, or at any Government Department as to the stages of the Provisional Order or Confirmation Bill, or for examining the register with reference to petitions or memorials against the bill ; the obtaining, perusing, and examining the bill to ascertain that the Provisional (irder has been correctly inserted therein, and attend- ances at any Government Department with reference to the correct insertion of the Provisional Order ; watching, and if necessary, assisting at the various stages of the bill in the House, or before the examiner : all letters to the solicitor or client with reference to the progress of the Provisional Order or Confirmation Bill. If the same agent is concerned for more than one Provisional Order relating to the same locality, and included in the same Confirma- tion Bill, an additional sessional fee of £5 5.s'. may be charged for every such Provisional Order exceeding one. Sessional or Solicitation Fee for Soliciting the Bill for THE Promoters bv the Solicitor, when a Parliamentary Agent is also employed. When the bill has received the Royal Assent . . £10 10 - (In case the bill should not receive the Royal Assent, a sessional fee of £2 '2s. and upwards may be charged, according to the class of bill and the progress made through its several stages.) House of Commons.'] 720 The sessional fee of the solicitor will include all charges for his ordi- nary communications with the parliamentary a^ent with reference to the progress of the bill through its various stages, when no pro- fessional advice or instruction is given ; delivering documents to parliamentary agent for deposit ; attendances at the offices of the House to ascertain the position of the bill ; attendances at the office for the sale of ])arliamentary papers ; attendances at the House to watch proceedings ; and at the Koyal Assent. AVhen no other parliamentary agent is employed, the solicitor acting in that capacity will be entitled to the sessional fee of parliamentary agent, in lieu of that of solicitor. The solicitor is not entitled to charge any sessional fee in the case of a Provisional Order. In cases of opposition to bills, no sessional fee is allowed. TIME CHARGES. For attendances, &c. : — Ordinary If ui)wards of an hour . . . . Or, per hour If required to leave London — Time, per day .... Hotel expeuses, \)Qx day . (And fares actually paid.) A solicitor from the country absent from home, in London or elsewhere, is allowed — Time, per day . ■ . Hotel expenses, i)er day . (And fares actually paid.) No'i'K. — The day charge includes all charges for work done dur- ing the day. ( Clerks, [»er day . . . . • (Hotel expenses and fares actually paid.) NoTK. — hi taking the reference, and in serving applications on owners, &c., and making deposits with parish clerks, a charge of £1 ll.v. [\il. per day is allowed for each clerk so employed. Pari. Agent. £ .s. il. - 10 c. 1 1 4. DRAWING HOCUjMENTH. Special instructions (if required), and letters therewith : Notice, as to contents and publication Plans, as to form and de])Osit of Solicitor. .£ .s. (I. -(5 8 to 1 l;i 4 1 I 4 - 1 I - 1 1 - to 2 2 £ s. (I. 1 1 - 1 J - Hoi(! G Bill Instructions Drawing bill, per folio Additional clauses, per folio o 4 1 - 2 - 2 — 1 4 •> _ (] 8 to 10 - - i} - 8 4 1 4 -10 6 1 1 - 111 (•) 1 1 - -13 4 - 1 4 1 1 - _ 2 - 1 1 - 2 2 — 2 2- _ 2 - _ 9 _ J.C. 3 A House of Commona.'] T2'2 Statements of proofs on Standing Orders : Proofs previously to the introduction of tlie bill : — ParJiameiiiari/ A//enf. DrawiiiL' or jterusinii; same, and fair copy, and forwarding same to solicitor, together with letter accompanying the same, and instructions : First-class hill ........ I )itto, where lands and houses are taken . Second-class bill ....... Solid/ or. Drawing or perusing and filling up the same, and arrang- ing lists referred to therein, and forwarding the same, with letter accompanying, to the parliamentary agent : First-class bill ........ Ditto, where lands and houses are taken . Second-class bill Parliamentary Agent. Perusing and finally arranging the same for proof before the examiner : First-class bill Second-class bill If the solicitor is also acting as parliamentary agent, he may charge for statement of proofs, including final arrangement of the same : First-class ........ Ditto, where lands and houses are taken . Second-class Proofs subsequent to introduction of bill : Solicitor ........ \ Parliamentary agent ( )r, if the solicitor is also acting as a parliamentary agent ........ No other or further charge is allowed to parlia mentary agent or solicitor with reference to the prej)aration of the statement of proofs. Memorials complaining of non-comi)liance with Standing Orders : Instructions If less than 1 1 folios If more than 1 1 folios, per folio . . . . Statements for Standing Orders Committee (according to length and other circumstances) Or, per l)rief sheet of 10 folios .... 1 1 1 1 1 -Id c. 1 I - 2 2 4 4 1 1 to •) •> 1 1 to 2 2 -> 2 to l;5 4 1 - 2 - 1 :; 4 to 2 — U) 4 House of Commonfi.'] 723 Petition auainst hill, and praying to be heard before the committee : Instructions ........ If less than 1 1 folios ...... If more than ]] folios, per folio .... Petitions for additional ])rovision, or for dispensation with Standing Orders : If less than 1 1 folios ...... If more than 1 1 folios ...... Other petitions with reference to bill : If less than 1 1 folios ...... If less than 15 folios ...... If more than 1 5 folios, per sheet .... Or, per folio Briefs : Instructions for brief (according to circumstances). Drawing same, per brief sheet of 10 folios Retainers to counsel, drawing and copy .... Case for o])inion of counsel : Instructions ........ Drawing, per sheet ....... Proofs of witnesses, or notes for cross-examination : Instructions (including, in case of ])roofs of witnesses, any previous attendance on the witness) Drawing, per sheet ....... Statements, reports, abstracts, or other documents prepared for use in proceedings of the House, or in preparing to comply with the Standing Orders, per folio . Or, per brief sheet of 10 folios . . . . Affidavits (including attendance on the witness) : Each affidavit, including lists attached thereto, and copy Or, per folio Requisition for wari'ant for deposit of money, and coi)y for signature ....... Wan-ant and attendance to get same signed Requisition for certificate of Speaker Certificate and attendance to get same signed . Requisition for withdrawal of petitions or memorials Motions, special, for members, drawing and fair copy for member ........ NoTK. — Charges for drawing and copies of all ordinary motions on the several stages of the bills and other proceedings in the House, to be included in the fee for attendance. Summons for witnesses, drawing and copy for service Other documents connected with the case, and not specified above, per folio NoTK. — In all cases the charge for drawing any docu- ment will include the fair copy to keep, or for counsel or agent to settle. Provisional Order. The charges for drawing the Provisional Order Notices £ s. (J. - I;; 4 I 1 - _ •> _ 1 I - _ •> _ - 1:5 -1- 1 - - - 1:5 4 - 1 4 1:5 4 10 - 13 4 la 4 13 4 13 4 1 4 13 4 - 10 - - 1 4 - 10 - - 10 - - 10 - -10 - - 10 - - 10 - — D - - 1 - A 2 Hoim of Common>i.'\ 724 and other documents similar to those required in the case of private bills, and copies thereof (limited accordins; to Table A.) may be made out according to the same scale. PAULIA.MKXTAIJY AGENTS' CHARGES. 4^, For perusing and settling ddcnnicnts drawn by a solici- tor, when required : Notices for (iazette and newspa[)ers : If less than 1 1 foHos II If more than 11 folios (according to lengtli and other circumstances) I to Petition for bill : If less than 1 1 folios 11 If more than 11 lolios ■, to '} Or, if the same shall exceed r»0 folios, J.s. per folio ui)on the whole petition. Petitions for additional provision, or for dispensing with the Standing Orders. Petitions against bill and praying to be heard before the committee, or memorial complaining of non-compliance with the Standing Orders. The same charges as for a petition for a bill. ■Otiier petitions against or in favour of bills, each petition - C S Statements for Standing Orders Committee, reports and ( - (i S other documents (if required), when the same have ■ to been drawn by the solicitor, according to circumstances ( 1 1 - Or, per brief sheet of 10 folios - (I 8 Perusing and settling bills, and preparing the same in parliamentary form and for press : For any bill not exceeding GO folios, according to j 2 2- the length of the bill and the nature and extent / to of revision ) to nature and extent of revision . . . ) 10 10 - For any bill exceeding laO folios, according to the length of the bill and the nature and extent of revision; but if above £10 lO.s-., not exceeding (except under special circumstances) one half the charge for di-awing any sucli In'll . . . . ;") ."» - and upwards. Perusing and settling clauses and amendments (according to length and other circumstances, but not exceeding Is. per folio). NoTi-:. — The charges for perusing and settling include a copy as perused and settled for own use, if reipiired ; and no copy is to be charged for the imrpose of returning the same as settled. For any bill exceeding (io folios, and less than 150, ) according to the lengtii of the bill and the } House of Commons.'] 12h No chai\o-e is allowed for pernsiiifr and settling by the party who charges fur the drawing ; but he may charge for a perusal (if necessary) of the docu- ment as settled, according to circumstances, but not in any case exceeding half the charge allowed for perusal and settling of the draft. C. PERUSALS. Perusals generally should be charged by the time occupied, but, if })er folio, not exceeding ..... Obtaining and perusing Hoard of Trade report on bill Perusing a petition or memorial against bill : If under 20 folios If above, per folio 7. COPIES OF DOCUMENTS. Books of reference, lists of owners, lessees, and occupiers, and other similar documents required by the Standing Orders to be deposited : For the copies so deposited, when deposited in manu- script, per folio (of 72 words or figures)_ For such copies of other documents as are included in Table A. annexed, per folio ..... For engrossing petitions, memorials, and other parliamen- tary documents, per folio . . . . • • For copies of documents not included in Table A., per folio XoTE. — For the number of copies allowed to be charged at D^/. and G^/. per folio, ride Table A., 2W^t, p. 727. In cases where minutes of evidence are printed, copies of the same are not allowed to be charged, but only the cost of printing and the necessary attendances on the printer. £ .s. iL H. EXAMINING FEINTED DOCUMENTS. Prints of bills : Proois .....•••• Or, per page of print Revises .......•• Or, per page of print . . . . • Ordering proofs of estimate or declaration, examining same and all revises, and returning same to printer, witli instructions to print .....■• Notices ix Gazette axd Newspaper. Each newspaper: Forwarding notice to printer, with instructions Examining proof 10 - C £ .S-. (I. £ .S-. d. - V^ 4 - 1 - - G 8 - - G -68 - 3 4 to - 10 - House of Commons.'] 72(5 £ s. (L Returning' jiroof and onlorint,^ iuscrtiou for '.) weeks, or otherwise . . . . . . . - (> 8 Kxamiiiiii 4 If a revise is necessary, in addition for ordering revise and exaniiuinjj same, for each revise . - 10 - No other or further char -4 If new clauses or amendments be added exceeding (; folios, copies of the same may be charged at Cxi. per folio. Marking on print of bill the amendments made therein for examiner . . . . . . . . .-(18 X'OTK. — A manuscrijtt co])y of the amendments is not allowed to be charged. Altering bill as an Act, and attending ]»rinter with in- structions to strike off copies . . . . . - 10 (I 10. MAKIXG UP DOCUMEXTS. £ s. (1. Examining and making up jilans and books of reference, for the purpose of deposit, each set . . . . - lo Examining and making up lists of owners, kc, and other documents deposited tlierewith . . . . . - 10 G The examining and making up the deposits for the parish clerks, to be charged according to the time occupied. 11. LETTERS. £ s. (L Letters containing professional advice or instructions .-;'>- If exceeding (! folios in length - 10 - Other letters - 8 (i Xori:. — The ordinary con-espondence between parlia- mentary agents and solicitors is not to be charged to their clients, but such letters only as contain professional advice and instructions. Circulars -1- In cases for which no specific charge is stated in the foregoing table, the charge is to be made out according to the time occupied. Parliamentary agents are to be re'piired to make the same charges in respect of Scotch business as of English or Irish. Home of Commons.'] 121 TA15LK A. ] Copies allowed to be charged besides the copy the charge for which is included in that for drawing. Number of Copies, PrOMOTK]{S. at M. at M. per fo. per fo. Notices for each Gazette and newspaper ... - i Book of reference for each deposit of entire book of refer- ence (when deposited in manuscript) . Amongst parish clerks ...... For marking section for applications Lists of owners, lessees, and occupiers, for deposit in Parliament Applications served by a witness, for use before examiner Petition for bill, engrossed copy for deposit Bill, for press Statements of proofs, for use before examiner : For agent ....... For solicitor ....... For examiner Memorials : For agent For solicitor ....... For examiner (if necessary) .... Statement for Standing Orders Committee, for committee and use Petition against bill : For agent ....... For solicitor ....... Briefs for each counsel (not exceeding 3) . Proofs of witnesses : For each counsel (not exceeding 8) . For witness (if required) Xotes for cross-examination for each counsel (not exceed- ing -5) Opponents. Memorial : Eu grossed copy for deposit For agent ..... For solicitor ..... For examiner ..... Statement for Standing Orders Committee, for committee and use Petition against : Engrossed copy for deposit For agent ..... For solicitor ..... Brief, for each counsel (not exceeding 'd) . J'roofs of witnesses : For each counsel (not exceeding 8) . For witness (if required) . Xotes for cross-examination for each counsel (not exceed- ing y) Hoxi^f of ( oiiiiiio/ts.^ 728 The copies iil)Ove enumerated are those ordinarily allowed to be charged. Any further copies of the documents nauK-d in the fore- going 'I'able, or any copies of documents not named therein Avhich may he necessary fur the case, are to be charged at the rate of 4'/. or if the document is in print at the rate of -Jil. per folio. Airniru w. vkal, House of Commons, Speaker. 7th August, 18.SS. A TAPJ.!-: OF THE FEES TO BE CHAIJOEl) AT THE HOUSE OF COMMONS. Fi:ks to mk I'Aii) i;y thk I'i{o:\ioti:ks ok a Pkivatk Bij.l. £ s. (I. On the de])Osit of the i)etition, bill, plan, or any other document in the Private l>ill Office . . . . 5 - - For every day on which the examiners shall inquire into the compliance with the Standing Orders . . . . "> - - FoU PUOCKKDIXGS IX TlIK HOUSK. On the presentation of the petition for the bill . , "> - - On the first reading of the bill .■ . . . , 15 - - On the second reading of the bill 15 - - On the report from the committee on the bill . . . la - - On the third reading of the bill 15 - - Bills from the Lords, commonly called Estate Bills, Divorce Bills, Naturalization Bills, and Name Bills, to be charged only one-half of the preceding fees. The preceding fees on the petition, first, second, and third readings, and report, to be increased according to the money to be raised or expended under the authority of any bill for the execution of a work, in conformity with the following scale: If the sum be £100,000 and under £5oo,ooo, twice the amount of such fees. If the sum be £.'^00,000 and under £1,U0U,UU0, three times the amount of such fees. If the sum be £1,U00,UUU and above , four times the amount of such fees. For PiiocKKDixGS befoke any Committee or the PiEFerees. £ ,s\ d. Fur every day on which the committee or the referees shall sit : If the promoters of the l)ill appear by counsel . . 10 - - If they appear without counsel . . . . 5 - - Fees to ]5E paid i;v the Oppoxexts of a PitivA'iK ]>ii,i,. £ .s. il. On the deposit of every memorial complaining that the Standing Orders have not been complied with . . 1 - - On the presentation or deposit of every petition against a private bill . . . . . . . . '2 - Houi - - For every day on which the petitioners ajtpear before any committee or tlie referees . . . . . . 2 - - General Fkks. On every motion, order, or proceeding in the House upon a private bill, petition, or matter not otherwise chai'ged 1 - - For copies of all papers and documents, at the rate of ~2 words in every folio : If 5 folios or under . . . . . . . - 2 (» If above 5 folios, per folio - - (» For the copy of a plan made by the parties . . . 1 - - For the inspection of a plan, or of any document . .-;")- For every plan or document certified by the Speaker pur- suant to any Act of Parliament 10 - - For every day in which any parties shall be heard by counsel at the bar, from each side 10 - - For every day on which a committee of the whole House shall sit on a private bill or matter . . . . (i - - For serving any summons or order on a private bill or matter 1 - - For every order for the commitment or discharge of any person . . . . . • • • .1-- For taking any person into custody ibr a breach of privilege or contempt . . . . . . . ..">-- For taking any person into custody for any other cause . i^ - - For every day on which any person shall be in custody . 1 - - For riding charges, per mile - - C Fees to be paid ox the Taxation of Costs ox Private Bills. £ s. (h For every application or reference to " the taxing officer of the House of Commons " for the taxation of a bill of costs 1 - - For every £100 of any bill which shall be allowed by the taxing officer . . . . . • • . 1 - - On the deposit of every memorial complaining of a report of the taxing officer . . . . • • . 1 - - For every certificate which shall be signed by the Speaker 1 - - For copies of any documents in the office of the taxing officer, per folio of 72 words - 1 - That the same fees be paid in case the Speaker shall refer to the taxing officer, any bill of costs, under the authority of an Act of the sixth year of his late ]\Iajesty King George IV., " To establish a Taxation of Costs on Private Bills in the House of Commons." That every bill for the particular interest or benefit of any person or persons, whether the same be brought in upon petition, or motion, or report from a committee, or brought from the Lords, hath been, and ought to be deemed a Private Bill within the meaning of the Table of Fees. Home of Commons.'] 730 FkFS to BK TAKKN by Tin; SirORTlIANI) WlUTKIJ. i: .V. iL For every day he sliall attend 2 2- For the transcript of his notes, per folio of 72 words . - - 9 The precedintr fees shall be charj^'cd, paid, and received at such times, in snch manner, and under such regulations, as the Speaker shall from time to time direct. AirnirR ^\. peel, :\rercurii, 27° die .lulii, IsC-f. Speaker. ( Irdered— That the said Table of Fees be a Standing Order of this House. ,,„ REGINALD J. D. PALGRAVE, CI. Ho. Com. XV. COSTS IN THE PEIVY COUNCIL. By an Order in Council of the 13th of June, 1858, it was amonost other things provided that, "any former usage or practice of Her Majesty's Privy Council notwithstanding, an appellant who shall succeed in maintaining a reversal or material alteration of any judg- ment, decree, or order a})pealed from, shall be entitled to recover the costs of the appeal from the respondent, except in cases in which the Lords of the Judicial Committee may think fit otherwise to direct." Prinj Coxmcil.'] 1. SCHEDULE or FEES ALLOWED TO SOLICITORS coxDrcTixi; aim'eals ^r other business be- fore THE JUDICLVL C():\rMITTEE OF THE PRIVY COUNCIL, rXDER HER :\LVJESTY'S ORDERS IX COUNCIL OF AUGUST llxn, \U2, AND JUNE 13th, 18r);5. £ .s. il. Retaining fee . . . . . . . • . - Li 4 Penisinu: otlicial copy of proceodinus allowed at the rate of {\s. Xi/. for the perusal of '■) brief sheets or r^,') folios Attendances at the council office oi- elsewhere on ordinary business, sucli as, to enter an appeal or appearance, to make a search, to lod \l\ (\ Attending them . . . . . . _ ](i _ Attending consultation ..... 1 _ _ 14. J*aid for summons to attend hearing . - 10 - Paid messenger . . . . 1 . - 2 (I Two Copies for counsel ....") Attending him .....) - 10 - ITi. Attending Court, appeal part heard . 8 C 8 Paid refresher fee to ^[i-. and clei'k 11 - ("> Attending him ...... Refresher to junior counsel and clerk . .11 .Vttending him ...... - 10 lt». Attending Court when appeal further heard and jutlgment reserved ... 30 July 1;;. Instructions to senior counsel to hear judgment 10 - Privy Council.^ 735 Paid bis fee and clerk .... Attending- him ..... Paid fee to junior counsel and clerk Attendinu' him Paid for summons to attend hearing of judgment ...... Paid messenger Two copies for counsel and attending them l-l. Attending Court, judgment delivered allowing appeal, with costs Paid for committee report Atteuding, paying couucil office fees, and taking receipt ..... Paid for committee order to tax Drawinu' bill of costs, and copy for taxatioi (folios U) Attending lodging costs Copy order and appointment for respondent'! solicitors ...... The like costs Attending them ..... Attending taxing costs .... Paid taxing fee Paid for order of Her Majesty in Council Paid messenger Paid for 2 copies of the order Attending at the council office, obtaining same "Writing appellant's agent with order and copies, and attending to despatch Sessions' fees ...... Extra messenger, letters, cab-hire, Ac. . £ s. (1. £ s. (J. a 15 i; - 10 - 5 15 (; - 10 - _ 10 _ - 2 f. - 10 - 1 8 I 10 - 1 12 G 3 -2 2 (•) RESPONDENT'S COSTS. - 10 - 1 1 - - 10 - - 5 — - 7 - - 10 - - 10 - 10 - 10 ('. (; IN THE PPtlYY COUNCIL. On Appeal from the Supreme Court of the Colony of Natal. Between, &c. Respondents' costs to be taxed pursuant to an order of the Judicial Committee of the Privy Council of (date) 18'.U. July 21. Retaining fee Attending at Privy Council Office entering appearance ...... Paid . . Notice, copy and service .... Perusing order for leave to appeal, and copy petition of appeal ..... Perusing official copy of the proceedings in the colony ( 1 20 brief sheets) . . . . Oct. 6. Instructions for and preparing re- tainer to !Mr. , Q.C. Attending him therewith . . . £ 6-. d. - 10 - £ s. - 13 - 10 - 5 1 1 12 G - 10 - 10 Prinj ( 'ouncil.'] 7;) 1 G Attending him ...... 1 - - Fee to Mv. , with brief and papers . 22 1 - Attending him - 10 - Attending Mr. , Q.C., appointing consultation ...... - 10 - Consultation fee to him and clerk . . . 5 15 G Attending Mr. ■ ■ appointing consulta- tion .' ^ . . - 10 - Fee to him and clerk . . . . . 5 15 G 21. Attending Registrar Privy Council at his request, informing him that no Judge's reasons had been sent thereon, and as to date of hearing .... . - 10 - Attending appellant's solicitors on their in- forming us they had seen the Registrar, and Thursday next would suit them for the hearing, and arranging accordingly 27. Attending consultation .... 1 - Paid fee on notice of hearing . . . . - 2 G Paid fee on summons . . . . . - 10 - Attending My. , Q.C., informing him of date fixed for hearing .... - 5 The like Mr. ^ . . . . - 5 Attending council chamber when appeal heard and judgment reserved .... - 10 - j.c. 8 G 8 3 H Privy ('ounciJ.'] 738 £ .v. il. £ .s. d. Feb. 10, Paid messenger from l*rivv (*<»niicil with summons to attend and hear jiidLiment - 2 C Paid fee tm summons - 1(» - Instructions to counsel (junior) to attend and hear judgment ...... - 5 - Paid liis fee and clerk •"» 10 •"» Attending him ...... - 10 - 13. Attending at council chamber when appeal dismissed with costs ... 1 8 Paid for committee's report . . . . 1 ID o Attendinu" for order to tax .... - 10 - Paid 1 1:> <; IC). Drawing costs and copy (folios ) Attending lodging same .... - 10 - Copy costs for api)C'llant's solicitors . . - « (> Attending a])])ellant's solicitors with costs . - 10 - Attending taxing 2 2- Paid taxing fees . . . . . .33- l*aid for final order 3 2 Paid for 2 copies - 10 - Attending for same - 10 - Attending at Privy Council Office paying fees - 10 - Writing solicitor in Xatal reporting result fully - .") - Sessions' fee ...... . 33- Letters, messengers, postages to South Africa, &c. ' 3 3- COSTS OF CAVEATOR OF OPPOSITION TO PPtOLOXOATIOX OF PATENT. IN THE PRIVY COUNCIL. Re Patents Nos. of 1H7'.), AND Re and Patent No. of 1880. The Bill of Costs of ■ caveator of opposition to Petition for the prolongation of the patents. £ s. d. £ s. d. IH . Jan. 28. Attending ^Ir. in conference, and taking instructions to enter caveat and opposition to application for prolongation of these patents ... 11- Attending at Privy Council Office, making inquiries as to time for entering caveat against prolongation of patents, and found time expired on the 30th .... - 10 - 20. Drawing caveat (folios 7) ... - 1-1 - Engrossing ....... - 3 Attending at Privy Council Ollice filing same, and previously checking the patents therein with the patents in the petition . . 1 1 - Privy Council.^ 731) £ s. (I. £ s. d. Attending at Patent Office, obtaining 2 copies of each of 7 patents of . . _ ] q _ Paid for same . . . . . . _ >^ 2 Feb. 1. Attending ]\ressrs. on their calling and serving us with print of petition - 10 - Writing them subsequently in reply to their letter, and asking for C prints ... _ T, _ Perusing petition 5 5- 2. Writing Mr. • ■ in reply to his letter, and that we were yesterday served with petition, and as to appointment for to-morrow to take instructions for grounds of objection ' - 5 - 3. Attending Mr. in long conference hereon, advising, and taking instructions . 11- Paid messenger from Privy Council . .-20 Writing Messrs. for copies of the accounts if possible before the hearing of the motion on Tuesday .... - 5 - 4. Attending Mr. ■ in long conference in reference to this matter, and he wished us to ascertain who were the other parties opposing, and co-operate with them . . 1 1 1 G 5. Attending Mr. whom we found acted for 12 manufacturers and licensees, and ascertaining that his clients and the • Company were the only other opponents, and on the whole it was con- sidered that you who were the only free party should act independently ... - 1 - Writing yon report as to our interview with Mr.— - 5 - Attending Mr. in conference repect- ing this matter, and advising generally as to the conduct of your case of opposition , 11- Perusing papers and instructions for objections - 13 4 Drawing same (folios 19) .... 1 18 - Attending Mr. -, retaining him in case we should require expert evidence . - 1 - Attending Mr. at his office, engaged considerable time going into this matter and the grounds of objection which he pro]wsed to raise on behalf of licensees Attending Mr. in conference hereon - 10 - Instructions for case for the opinion of counsel and to settle objections and to advise on evidence ....... 11- Drawing same (folios 2C>) .... 212- (). Instructions for brief on motion to hx day forbearing ...... - 10 - Drawing same (fohos (!) .... - 12 - 8. Attending Mr. with draft case and instructions and draft brief, and settling same with him and conferring generally and advising ....... 11- 3 B 2 •) (I. € s. (1. 1 o — lo — Privy Council.'] 740 £ Preparing retainer and attending Mr. therewith - 10 - Paid his fee and clerk 2 7- Fair copy case and instructions to settle objections (folios 2('>) ..... Paid ;Mr. and clerk to settle objec- tions 5 15 G Attending him - 10 - Attending liiiu in conference thereon, suppk- mentiug instructions .... - 10 - Paid him to advise on evidence and clerk . ;"> 1 .'> C. Attending him - 10 - Fair copy brief for counsel on motion to fix short day for hearing (folios (i) ... - ;5 - The like caveat (folios 7) . • • • - P. (I The like notice of motion (folios 4) . . - 2 - Paid Mr. with brief on motion and clerk r» 1.") (; Attending him - 10 - Attending IMessrs. on their calling with copy affidavit which they intended to use on the motion to-morrow, and they also left with us copy of the account of receipts and expenditure, but this account w^as not final, and they stated that it would very probably be altered - 10 - Attending Vlv. as to his interview Avith iir. and as to our not taking any part in the application for naming a day for the hearing - 10 - "Writing counsel not to attend Court to-morrow and special messenger to him therewith Attending JMessrs. — ^ to inform them that we should not oppose the application to- morrow but found the office closed (("> v.y\.) . 9. Attending jMr. , informing him that in consequence of the instructions received from you late last night we should not oppose the motion this morning . 1(». Writing IMessrs. in reply to their letter as to result of motion yesterday, and returning the ;5 specifications lent to us by them ....... Attending counsel in long conference gener- ally on the case 1 ~ Paid his fee and clerk 5 15 (i Attending him - ^" 11. leaking copy accounts supplied by peti- tioner (folios 7}' Attending taxation Sessions' fee ... l\dd Privy Council fees Attending paying same liCtters, messengers, Sec. •any (folios time tixec Ml jx'titiuii (folios -I-l) £ .^. (I. v.\ I i; ") 1.-. c .V. .— IXTERLOCUTORY AXD INTERIM ORDERS AXD PROCEEDINGS. Order 12, Rule 11, is hereby annulled, and the following; Rule shall stand in lieu thereof : — 23. "Where by any statute or by these rules any interlocutory application is expressly or by reasonable intendment directed to be made to the Judge, or to the Judge or Registrar, or to the Registrar, then, subject to "the provisions of the particular statute or of the particular rule applicable thereto, and so far as the same shall not be inconsistent therewith, the following provisions shall apply : — (4) The allowance of the costs of and incident to the application shall be in the discretion of the Judge or Registrar. Xo such costs shall be allowed on taxation without special order; (5) The taxation of costs, when allowed, shall not take place until the general taxation of the costs of the action or matter iii which the ap])lication is made, or the action or matter is determined, unless the Judge or Registrar on the hearing of the application shall for good cause otherwise order; (G) When an earlier taxation is ordered, the word "recovered," wherever it occurs in the scales, shall be deemed for the purposes of taxation to mean "claimed," and Column B. shall apply to all cases exceeding £20 to the exclusion of Column C. 41. Where on the hearing of a judgment summons on a judgment or order of a County Court the Judge in lieu of making an order of commitment shall make a fresh order for payment by instalments, no costs for fees or witnesses shall be allowed to a judgment creditor, unless the Judge shall be satisfied that the debtor has made default, and has had since the date of the original judgment the means to pay the sum in respect of which he has made default, and a minute thereof is entered in Book H. 52. Where the garnishee shall pay into Court five clear days before the return-day the amount due from him to the debtor liable under the judgment or order, or an amount equal to the judgment or order, he shall not be liable for any costs incurred by the person who obtained the judgment or order. Order 12, Rule llA. Practice on interlocutory ai^plications. Order 25, Rule 38b. Where no costs are to be allowed on a judgment summons. Order 26a, Rule 5. No costs where gar- nishee pays. Counti/ Court.'] 744 Rule 6. Notice of Payment to be given. Form 38a. Rule 8. Order when pajTUcnt into Court dis- puted. Form 157 a. Rule 13. Costs. r)3. The Registrar shall forthwith i;ive nutiee of the ]Kiymeiit into Court to the person who has ohtained the jiulg-iuent or order, and if such person elects to accept the money so paid into Court by the irarnishee, and siiall send to the Registrar and to the garnishee by prepaid post or leave with the Registrar a written notice stating sucli acceptance, within 4H hours after receipt of the notice of payment into Court, all further proceedings against the garnishee shall abate, and the Registrar shall pay the money so ]iaid into Court to the person who obtained the judgment or order in discharge or part discharge of the debt due to such person, and of the costs of issuing the garnishee summons. o.j. Upon the return-day, should the amount paid into Court under Rule .") of this Order be not accepted, the Judge shall deter- mine as to the liability of the garnishee to pay any further sum on account of the debt claimed to be due from him to the debtor, and as to the party by whom the costs of the proceeding by plaint shall be paid, and make such order as may be in accordance with such determination. GO. The costs of any apjilication for an attachment of debts, and of any proceedings arising from or incidental to such application, shall be in the discretion of the Judge. Order 33, Rule 10b. Costs of inter- pleader and Chancery proceedings transferred from High Court. 47 & 48 Vict. c. Gl, s. 17. 51 & 52 Vict. c. 43, s. 69. Rule 1. Taxation of costs. Rule 2. Delivery of costs. COUNTY COUET RULES. (July, 1892.) (AS TO COSTS.) 8. Where any proceeding by way of interpleader, or any action or matter pending in the Chancery Division is ordered to be transferred from the High Court to a County Court, and no order to the contrary has been made in the High Court, the costs of the order and of the proceedings ])rior thereto shall be in the discretion of the Judge of that County Court, and shall l)e taxed in the County Court u])on such scale, whether of the High Court or County Court, as the Judge shall think just. The costs in the County Court shall be in the discretion of the Judge, and shall be taxed on such County Court scale as he may think just. THE COUNTY COUET EULES, 1892. ORDER 50. Order jIo is herel)y aiuudled, and the following Order shall stand in lieu thereof : — ORDER oOA.— COSTS. Taxation and Review of Taxation. 153. In every action or matter in any Court all costs shall be taxed by the Registrar of such Court according to the scales of costs in the Appendix, subject to the review of such taxation by the Judge thereof. 154. Where practicable the costs of an action or matter shall be taxed on the day on which the action or matter is tried or heard, and where the costs have not been so taxed one day's notice of taxing, Covnfij Court.'] 745 together with a copy of the bill of costs if the Registrar shall so direct, shall be given by the solicitor of the party whose costs are to be taxed to the other party or his solicitor. 150. Notice of taxation may be sent by post prepaid, provided that it is posted in time to reach the party to whom it is addressed in due course of post before noon of the day preceding the day fixed for taxation. 15(1. Any party who may be dissatisfied with the allowance or disallowance by the Registrar on taxation in any bill of costs taxed by him of the whole or any part of any items, may, at any time before the certificate or allocatur is signed, deliver to the other party interested therein, and carry in before the liegistrar on taxation, an objection in writing* to such allowance or disallowance, specifying therein by a list, in a short and concise form, the items, or parts thereof objected to, and the grounds and reasons for such objection, and may thereupon apply to the Registrar to review the taxation in respect of the same. ]r»7. Upon such application the Registrar shall reconsider and review his taxation upon such objection, and he may, if he shall think fit, receive furthei- evidence in respect thereof, and, if so required by either party, he shall state either in his certificate of taxation or allocatur, or by reference to such objection, the grounds and reasons of his decision thereon, and any special facts or circumstances relating thereto. Allowance of Costs by Judge. 158. The order of the Judge required for the allowance of any of the following items in the scales — viz., items 3, 31, 70, 80, 1)1, *J2,t 'Jo, 9-1, and Do^or for the allowance of any particular costs under any of the County Court Rules, shall be a special order made upon considera- tion of the facts of the particular case and not a general order ; and the application for such allowance, or for any certificate under sect. 119 of the Act, shall be made at or immediately after the trial or hearing, and not at any other time. 15'.). The Judge may, in his discretion, in any action under the Employers Liability Act, any action or matter remitted from the High Court, any action or matter commenced under the Admiralty or equity jurisdiction of the Court, or any action of ejectment or in which title to any corporeal or incorporeal hereditaments comes in question, order that any of the following items mentioned in the scale of costs shall be allowed to the paityln whose favour the order is made, in addition to or in substitution for, as the case may be, the costs to which he would otherwise be entitled — viz., items ol, 70,f 8G, and 93. 1(50. Where a Judge certifies under sect. 119 of the Act, the certificate shall be entered at the end of the minutes of the Court of the day on which it is given, and shall be signed by the Judge. As TO Scale. 161. In actions where a perpetual injunction is claimed, whether the same is granted or not, and in actions under sects. 59, GO, Gl, Rule 3. Notice of taxing to be posted. Rule 4. Where party dissatisfied, to make objections in writing. Rule 5. Review of taxation upon objec- tions. Rule 6. How order for particular costs to be made and obtained. Rule 7. Allowance of special items in certain Rule 8. Judge's certificate for costs. 51 & 52 Vict, c. 43, s. 119. Rule 9. In special actions. * Strousbcrg v. Sanders (Court of Appeal), 88 W. R. 117. t Sec County Court Rules, 1895, Order 50a, RuIcGa, p. 749, and County Court Rules, 1896, Order 50a, Rule Gb, p. 749. Countij Court.'] -tf"; Rule 10. Actions for recovery of possession. Rule 11. Jurisdiction l)v consent. 51 & 52 Vict, c. 43, s. G4. Rule 12. Interpleftdcr proceedings. Rule 13. Counter- claims. Rule 14. When plain- tiff recovers less than claim. Rule 15. Defendants' costs. Rule IG. Fees where plaintiff recovers less than he claims. Rule 17. No costs allowed if not sanc- tioned by scales. and I;;:! of the Act, the .Indite may (H-der the costs to be taxed under Cohiinii A., B., or ('., and in default of any such order they shall be taxed under Column B. l(]i\ The costs Th actions under sects. l;5H and l;51) of the Act shall be ta.xed, in the case of a plaintiff, on the scale applicable to the rent or value of the premises upon which the Court fees are as.sessed, plus the amount of any rent and mesne profits recovered, and in the case of a defendant on that applical)le to the said rent or value, i)lus the amount of the rent and mesne profits claimed. k;;'). Costs in actions under sect. O-J- of the Act shall be taxed under Column C. uidess the Judue shall otherwise order. KU. The " subject-matter "* in an interpleader ])roceedin,ih bailiff, the amount of the dama,-e shall otherwise order, the scale U])on which the costs of the i)arties are to be taxed shall be determined as follows : — (1) If ])laintirt" is successful on both claim and counter-claim by the amount which he recovers on his claim, unless the amount of defendant's claim is the lar<>-er, in that case the costs incurred subsequently to the delivery of the counter- claim shall be determined by the amount of such counter- claim, (i^) If defendant is successful on both claim and counter-claim by the amount which he I'ecovcrs on his counter-claim, or the amount of plaintiff's claim, whichever may be the lar^-er. (.■J) If both parties are successful, by the amounts which they recover on their respective claims, and if both claims fail by the amount claimed by the 0])posite party. KIC. "Where the demand is uidiquidated and the plaintiff recovers less than the amount claimed, the Jud«ie may order that his costs be taxed on the scale ajjplicable to the amount claimed, or any inter- mediate scale. 1(!7. Where the costs of a defendant are beinu- taxed, the word "recovered," wherever it occurs in the scale, shall be deemed to be " claimed." ICxS. Where the ]»laintiff recovers less than the amount of his claim, so as to reduce the scale of Court fees, he shall pay the difference. (iHNKltAL DllJKCTJOXS. ■ 1(')9. Costs not sanctioned by the scale I are not to be allowed, and costs are not to be allowed as between the i)arties to an action in respect of searching- for payments into Court nor in res])ect of any proceedinjis to enforce ])ayment of a judiiinent or order by way of execution against the g'oods or commitment under the Debtors Act, 1809, save as provided in Order io, Rules ;>ha and b. • Studham v. Stanbridgc, 64 L. J. Q. B. 473 ; 43 W. R. 543. t Gibson v. Kilncr, 37 S. J. 497. County Court.'] 747 170. When under the scales or rules a discretion as to the allow- ances to be made is vested in lie^'istrars, they are required to exercise it with care and disci'imination, and strictly in accordance with the particular directions set forth in the scales and rules. 171.* Xo costs which are to be i)aid or borne by another i)arty shall be allowed which do not appear to the Reu'istrar on taxation to have been necessary or proper for the attainment of justice or defendinu- the rights of the ])arty incurrinu' the same, or which ap})ear to such otfi<'er to have been incurred through over caution, ne^liiience, or mistake, or merely at the desire of such party. \~2. All fees or allowances which are discretionary shall, unless otherwise provided, be allowed at the discretion of the lie,<>-istrar on taxation, who, in the exercise of such discretion, shall take into consideration the other fees and allowances to the solicitor and counsel, if any, in respect of the work to which any such allowance applies, the nature and importance of the action or matter, the amount involved, the interest of the parties, the fund or persons to bear the costs, the u-eneral conduct and costs of the proceedings, and all other circumstances. 17;!. Where two or more defendants are joined and judgment is given separately against each with costs, unless the Judge shall other- wise order, the costs shall be a})portioned according to the respective amounts of each judgment. 174. A folio shall comprise 72 words, every figure comprised in a column or authorized to be used counting as one word. 175. When any real property is directed to be sold, the ordinary conveyancing charges shall be allowed. 17(!. AVhere, in the course of an action or matter, a party suing or sued in a fiduciary or representative character necessarily incurs costs not allowable upon taxation under any scale, the Registrar shall apply to the Judge, who may, by an order to be tiled with the proceedings, allow such a sum as he may think fit for such costs to be paid out of any funds in Court applicat)le to the purpose. Rule 18. Discretion of Registrars. Rule 19. When costs unnecessarily incurred. Rule 20. Discretionary fees and allowances. Rule 21. Where separate judgments against defendants. Rule 22. Folio. Rule 23. Real property. Rule 2i. Costs of person in fiduciary, &c. position. WlTXESr^ES. 177. Subject to the following rules, there may be allowed to witnesses for their attendance at Court the sums mentioned in the scales in the Apjiendix. 17S. Where the witness is a plaintiff in the action or matter he shall not be entitled to any allowance, except for travelling, unless he is a domestic or menial servant, a labourer, a servant in husbandry, a journeyman, an artificer, a handicraftsman, a miner, or any person engaged in manual labour, or unless the Judge in any particular case, for reasons of special hardship, shall otherwise order. 17!). There may be also allowed to all witnesses including plaintiffs and defendants if called as witnesses, for travelling expenses, the sum which shall have been actually and reasonably paid by them, but such expenses shall in no case exceed in the whole a sum equal to ^hI. per mile one way. 180. If witnesses attend in more than one cause they shall be allowed a proportionate part of their allowances in each cause only. * Oliver V. Eohins, 60 L. J. Q. B. 203. Rule 25. Allowances for attend- ance. Rule 2G. Plaintiff not entitled except in certain cases. Rule 27. Travelling expenses. Rule 28. When attend- ing in more than one cause. Count u Cuurt.'} 748 Rule 29. Costs of witnesses not summoned. Rule 30. Compensa- tiun to seamen. Rule 31. .Mlowancc to scientific witnesses. Rule 32. Allowance for proof and cost of plans, ice. ]si. The costs of witnesses, whether they have been examined* or not, may, nnless otherwise ordered by the Judii'e, be allowed, thuniih they have nut been summoned. 182. Seamen necessarily detained on shore for the |)ur]iose of an action or matter sliall be allowed such remuneration as the Judi^e may order, or, in the absence of an order, as the Registrar may think reasonable compensation for their loss of time. ]8:5. In any action or matter in which a party is entitled of rii^ht or by order of the Judge, to ta.x his costs on Scales B. or C. in the Appendix, the Judge may order that any expert or scientific witnesses may be allowed for qualifying to give evidence and for attending such trial such sums as the Registrar on taxation may think fit, not exceed- ing the maximum allowances mentioned in the scale of allowances to "expert and scientific witnesses" in the Appendix, and in like cases the Judge, subject to the provisions of tiie next rule, may order that the expense of preparing and proving })lans, drawings, models, etc., shall be allowed. 1S4. Persons who ]»repare plans, di'awings, models, i*cc., for the pui'pose of illusti-ation, and who if called at the trial ])i'0ve the correctness of such plans, drawings, models, etc., only, shall not be entitled to allowances as expert and scientific witnesses, but shall be allowed for their attendance npon the scale ai)plicable to ordinaiy witnesses, and there may be also allowed for the preparation of such plans, drawings, models, &c., and of all tracings and cojiics thereof, the sum reasonably i)aid for the same so long as it shall not exceed the sums mentioned in item 1).") of the scale of costs. Order 14, Rule 13a. Abandon- ment of part of claim ; amendment of particu- lars ; costs. Order 23, Rule lA. Judgment for costs against married woman who THE COUNTY COUET KULES, 1895. (8th April, ]89r>.) (AS TO COSTS.) ORDER U. Amkxd.mkxt. 8. The ])laintilf may at any time before an action or matter is called on for trial, or in o]iening his case when called on, abandon any part of his claim, and such abandonment shall be entei'ed on the particulars (if any), and in the miimte book. Provided that if the defendant succeeds, the Jndge may allow him costs on the scale which would have been applicable to the amount originally claimed ; and in any case the Judge may allow the defendant any costs properly incurred by him in resjject of that part of the plaintiff's claim which is abandoned. JUDG.MHXTS AM) OUDERS. 10. AVhcre in any action oi- ]»i'ocecding by a married woman or by a next friend on hei' behalf judgment is given or an order made for ])ayment by snch mari'ied woman of any costs of the opposite party, there shall be added to such judgment or order words limiting ♦ Tlic Cashmere, 59 L. J., Prob. Div., 57. CovnUj Covrl.'l 749 execution tbei-con in the manner in which execution is limited on a judument au'ainst a mairied woman who is a defendant ; and also, unless the Judu'e otherwise orders, words reservin<^ liberty to the oi)positc party to apply under sect. 2 of the Manned Women's Pro]ierty Act, 18'.)o, for payment of such costs out of any pro- perty of the married woman which is subject to a restraint on anticipation. n. Exce]»t as otherwise provided by these Rules, the costs of warrants, whether executed or unexecuted or un]»roductive, shall be allowed against the defendant, uidess the Judiie shall otherwise direct. \'l. Order 2."), Rule :!.sa (Rule 40 of the County Court Ptules, 181)2), is hereby annulled, and the f'ollowinu' rule shall stand in lieu thereof : — 13. Xo costs shall be allowed to a solicitor for attending at the heariug of a judgment summons, unless the party for whom he appears resides out of the district of the Court at which the summons is heard, or unless such summons is on a judgment or order of a Court other than a County Court, in either of which cases the Judge may, if he thinks fit, allow the costs specified in item 04 in the scale for attending in Court to make or oppose an interlocutory ajiplication. ](!. Costs incurred in endeavouring to enforce a judgment or order by wa}' of execution against the goods, and not recovered under such execution, shall not be included in the amount due under such judgment or order for the purposes of a judgment summous, or of an application for a fresh order for payment under Order 23, Rule 14, nor shall money paid into Court otherwise than under execution against the goods be attributed to payment of such costs. ORDER 5()A. Costs. 33. Item 1)2 shall be read and have effect as if the words "or on an examination of witnesses under Order 18, Rule 14," were inserted therein after the word "Registrar." 34. In proceedings under sects. ()7 and 70 of the Act, or under the Settled Land Act, 1882, where the subject-matter does not exceed £20, the Judge may order the costs to be taxed under Column B. THE COUNTY COURT RULES, 1896. (15th April.) is plaintiff. Form 34. 56 & 57 Vict, c. G3, s. 2. Order 25, Rule 12bb. Costs of warrants. Order 25, Rule 38aa. What costs allowable to solicitor on judgment summons. Order 25, Rule 39a. Costs of alx)rtive execution not to be included in judgment summons, or fresh order under Order 23, Rule 14. Order 50a, Rule Ga. Order 50a, Rule 9a. Costs in equitable pro- ceedings, where subject matter does not exceed £20. ORDER 50a. Order 50a, Costs. Rule Gb. 13. "VMiere the Judge certifies for counsel under item 02, as costs\vhere amended by Order 50A, Rule Ca, there may be allowed to the counsel solicitor instructing such counsel, in addition to items 80 and 81, allowed such items as may be allowed where the Judge certifies for counsel before arbi- • . ^ , ,■ tj.- ^ trator, &c. on any interlocutory motion or application. j^^.^^^ ^2 Count 1/ ( 'ouii.'] 7r)0 Order 9, Rule 1±\ faction of claim. Pro- vision as to costs. DrscoNTiNrANCK, C'ONFKssKiN, Ad.missiox, a.ni) 1'ay.mknt into OK nlT OK {'orUT. Order !•, Kale 11, paragraph (:;) from "the Court may in its (liscretiuii " to "in any snrh case," and Order !l, liule 1:.', are hereby annulled, and the foUowinii- Kule 1:.'a shall stand in lieu thereof : — 7, If the jtlaintiff elects to accept, in satisfaction of his claim, such money as shall have been paid into Court by the defendant, Acceptance of ^yhether the same has been ])aid in in due time or not, or with or amount paid ^^.jj.)^,,,it i-osts, or with or without a notice of denial of liability, m m satis- ^^^ ^^^_^^^ ^^^^^^ ^^^ ^j^^ lleiiistrar and to the defendant by i)ost, or leave at the Re.uistrar's office and at the defendant's dwell in^- or place of business, a written notice accordin.u- to the Form IoIa in the A])]iendix statinu' such accejttance, within such reasonable time before the return day as the time of ])ayment by the defendant has ])ermitted. (■2) Thereupon the action shall abate, except as lierein jirovided, and the ])laintitf shall not be liable t- to the Form 104a in the Ai)pendix. (5) In default of such notice of acce])tance by the plaintiff the. action may ])r(»cced. (C) The followina- words shall be inserted after the words "avoid further costs" in ])ara,ura]ih /> of the indorsement on the back of Form 11 in the Appendix — viz., "miless the Juduc orders yuu to ])ay any further costs ]n-o]»erly incurred by the plaintiff Ijefore receiving- notice of such payment" : and the same words, with the substititution of "or" for "unless," shall be added at the end of ]iara,i:rap!i I of such indorsement. RULES UNDER THE TITHE ACT, 1891. Costs at dis- cretion of Court. COSTS. 42. Subject to the provisions of the A(;t and these Pailes, all costs of and incident to any ajijilication to the Court or any jtroccedinij: under the Act or these Failes, shall be ])aid by or apportioned between the jiarties to the a}tplication in such manner Coimtij Court.'] 751 as the Court thinks just, and in the absence of any si)ecial direction shall abide the event of the ap])lication. 48. Subject to the iwvisions of the Act and these Rules all Taxation of costs shall be taxed by the lte,<>istrar of the Court, and the same '^'^•"^''^• scale of costs shall have effect and the same allowances shall be made to witnesses as in similar jjroceedings under the County Court Act, JSSS. THE COUNTY COUKT RULES. (oTH February, 18 'J 2.) COSTS. Lower Scaj.I';. COSTS TO BE PAID TO SOLICITORS IX ACTIONS AND MATTERS, AS WELL BETWEEN PARTY AND PARTY AS BETAYEEN SOLICITOR AND CLIENT, WHERE THE AMOUNT RECOVERED EXCEEDS £2 AND DOES NOT EXCEED £10. 1. Where the particulars and copies are sii^'ued pursuant to Order (!, Rule 10a, and the amount claimed exceeds £2 and does not exceed £"), there may be entered upon an ordinary summons, and upon a default summons 4.s'., unless the latter is to be served by a solicitor, when Is. shall be entered. 2. AVhere the particulars and copies are signed by a solicitor, and the amount claimed exceeds £5 and does not exceed £10, there may be entered upon an ordinary summons, and upon a default summons S.s., unless the latter is to be served by a solicitor, when 1 ;).s. shall be entered. 3. Where the amount recovered exceeds £2 and does not exceed £5, a solicitor for a plaintiff shall be allowed for preparing for and attending trial, or ujjon an application for a iiew trial 7s., and, where the sum recovered exceeds £5 and does not exceed £10, lO.s. 4. AVhere the action is withdrawn, or the amount claimed is paid into court less than five clear days before the return day, there may, if the Judge or Registrar so orders, be allowed to the solicitor, upon his application, o.s., or such portion of the fees for preparing for and attending trial as the Judge or Registrar may under the circumstances direct. 5. Where the amount claimed exceeds £2 and does not exceed £10, there shall be allowed to a solicitor, for entering up judgment on a default summons, or under Order '.), Rule 4, ;>.§. 4r/. G. AVhere the amount claimed exceeds £2 and does not exceed £."), the solicitor shall be allowed, for instructions preparing defence and attending trial, lO.s., and where the sum claimed exceeds £.") and does not exceed £10, \hs., or upon an ap])lication for a new trial, 7.s\ or lO.s., according to the amount claimed. 7. Where the action is tried by the Judge with or without a jury, the costs of pre]iaring for and attending trial may be increased to a sum not exceeding £1, on a special order of the Judge in such action to be entered in the Minute Book. Coiniti/ rotn-f.l 7r)2 S. The Jiulire may in like actions by special order to be entered in the ^linute"" Ri'ok allow a fee of £1 :5n. (;: Court when the action is referred :5.s,, for attending- before the arbitrator l(».s\, and for attending- Court entering- judgment upon the award :!n., and where the amount claimed or recovered exceeds £.") and does not exceed £1(>, the sums of ("..v., \:>s., and C.s. respectively shall be allowed. X.B. Xo other costs are to be allowed than the above where the amount claimed does not exceed £lo, unless the Judge certifies under sect. ir.» of the County Courts Act, 18.S8, or otherwise ordei-s pursuant to Order 50a. TTTOHER SCALE. COSTS TO 111-: I'VIl) TO SOLICITORS IX ACTIONS AND MVTTERS, AS WELL BETWEEN PARTY AND PARTY \S BETWEEN SOLICITOR AND CLIENT, WHERE THE SrBJECT-:\IATTER OR THE SUM RECOVERED* EXCEEDS £1(». Plaint, Pahticulaks, Summonses, and Notices. AVhere the Subject-Matter or the Suoi recovered exceeds. £ .S-. //. £ s. (/. £ .•*. d. 10 - - '20 - - ami does not exceed Exceeds 20 - - 50 - - 50 - - A. B. C. 1. Preparing particulars of claim or counter-claim where the claim is a liquidated demand, including necessary coines ; provided that such ]3articulars and coi)ies are signed pur- suant to Order C, liule lOA . - 4 - - 7 - - 10 - 2. The like in all other claims . - (i - - 12 - 11 ?>. Drawing petition, per folio . - 1 - Not exceeding, except by order of the Judge . . -10 - 4. Preparing further ])articulars, when same required by de- fendant, under Order 0, Rule H, or by plaintiff", under 1 - - 1 • Parr v. Lillicrap, 32 L. J. Ex. 153 ; Boulding v. Tyler, 32 L. J. Q. B. 85. Count ij Court.'] Wliei-c tlic Subject Matter or the Sum recovered exceeds tor Ill- file Order lo, liiile 11, iiieliuliiiii copy to file . ( )r i)er folio /). Summons or subpoena to wit- ness, including- attending- leave to serve and sealin, including copy to file Service. XoTE. — Wl^ere any •> or more summonses, orders, interrogatories, notices, or demands, have or could have been^served together, 'Jt,^ee only for service is] to be aUowed. J.C. £ s. it. £ „. .... ](( - - 20 - - and does not exceed 20 - - ,^>() - _ A. 15. ~ 2 - - d - - - 8 - - 8 — •> — — •) — - 4 - 4 - - ;) - Exceeds ;■)() - - — ;> — - - 8 .} — — .> - - - 8 <; - 1 - - 1 - 1 6 - 1 3 c Coimty Court.'] 7."»4 \\'hcre the Subject Matter or the Sum recovered exceeds f N. (I £ *. d. £ s. d. 10 - - i>() - - and does not exceed Exceeds ■2{\ - - ,-,() - - -,() _ _ A. U. ('. 11. Service of a suiiimoiis (lutt beiiiii' ii jiuluTneiit sniniiioiis), order, notice, or document required by statute or rule or by order to ))e served ]»er- sonally, includiiiti- copy . .-;"»- - ;') - - 5 - 15. If served at a distance of more than 2 miles from the nearest ])lace of business of the solicitor servinu' the same, for each mile beyond such 2 miles therefrom, but not to exceed li» miles . . . - - (I - - (i - 1 - IC. Where, in consequence of the distance of the party to be served, it is proper to effect service through an aii-ent, for correspondence, in addition . - 7 - - 7 - 17. AVhen substituted service or- dered, in addition, to include all costs of attendances, makin_Li- appointment to serve, drawing-, enurossinii-, attend- inii' to swear, and to file all affidavits, and the fees paid for oath, and obtain inti' order, not exceedin;^' . . . - 10 - 1 - - 15- 18. Service of any summons, sub- poena, iiiLerroiiatories, order, notice, or demand, if not authorized to be served by ])f)St - 2 (; - 2 c lit. If auth(iri/,ed to be served l)y post . . . . . - 1 G - 1 (I IXSTRUC'TIOXS. 20. To sue or defend, or to prefer, or oppose claim in inter- pleader proceedings, or for a petition, or for a H .Xo'i'K. — The charge for special allidavits is not to be allowed, if in the opinion of the Registrar, 4 - ( [; 8 1 ;; 4 4 - ( ;; 8 i;! 4 - I C, 8 C -S Count !j Court.'] 755 24. 25. 2G. 27. 28. 9<) 30. 31. the facts upon wliich the affidavits are founded had ah-eady become known to tlie solicitor or his clerks in course of the business. For confession of debt or claim by defendant and attestinti' siu'uature thereto . For application to add parties For counsel to advise on evidence For brief on interlocutory motion or application where Counsel allowed For brief on trial of action or\ matter, where counsel em- ployed, such fee as the Reo-is- ( trar may think fit, having- 1 regard to all the circum- stances of the case . . J Note. — Great care must be exercised in assessing this item. See Order 51 »a, Eule 2(». Examining and taking minutes of evidence where no counsel employed, for each witness afterwards allowed on taxation If exceeding G folios, for each additional folio . In the cases mentioned in Order 5()a, Rule 7, where no counsel employed, if the Judge so orders, in addition to items 29 or 30, for preparation of minutes of fact or argument . Where the Suljject Matter or the Sum recovered exceeds cl. £ s. d. £ s, d. £ 10 - - •>{) - - and does not exceed Exceeds 20 - - 50 - - 50 - - A. l{. c. - (I 3 4 ~ G s - 3 4 - G 8 - (; 8 - G 8 i- JO to 11 (1 (; 1 1 to 3 - -68 - - G - 1 - - 1 1 1 - '> _ Drawing. XoTE. — The matter of all documents should be necessary and relevant, and expressed without prolixity, and the costs of all unnecessary, irre- levant, and prolix matter must be disallowed. 32. Notice and particulars of special defence or admission 3 c 2 Coimiij Court.'] 75G WTiere the Subject Matter or the Sum recovered exceeds £ s. d. £ s. d. 10 - - 20 - - and does not exceed 20 - - 50 - - £ s. ( Exceeds 50 - A. 15. C. - 8 - :> - (■> - 1 - - 1 — .> — — .) — - - H - - 8 1 of facts, or any statcmoiit un- der the A.LiricnItural Holdings Act, i ncludini;- necessary copies ( )r per folio beyond ;> :'>:'.. Draft of order under ( )rder 1 2, Ilule 7, including- copy to file Or per folio 84. Brief on trial of action or matter where counsel em-, ^. , ployed, including ^^^^^^^^^1 Cexceedhv ' - ^ " - 1 - and proper ol)servatious, per _ _~ I folio ' :^5. Brief on any motion, a])i)li-| ( cation, or u})on farther con-' )- C 8 sideration, when counsel i -(18] to allowed by Judge . • •) (- 18 4 .3tl. Interrogatories or answers thereto, including cojty to file - 2 (! - 5 - - ('. 8 Or i)er folio . . .--(*» - 1 - - 1 - 37. Affidavit of documents, or any other special atti davit, including engrossing . . - 2 (! - 5 - - 5 - Or per folio . . .--{>- \ - - 1 - -38. Affidavit of debt under sect. 8() of County Courts Act, 1888, or Order 2G or Order '.I, Rule 8, including engross- ing, attending deponent to be sworn, oath, and filing. . - 4 - (! 8 - (I 8 89. Affidavit, when required, of personal service of a sum- mons, notice, or document, in- cluding engrossing, attending to be sworn, oath, and filing .-84 - 5 - - (i 8 40. Affidavit, when required, of service of summons to witness, 6ubi>cena, or of any notice under Order IS, Rule (I, in- cluding engrossing, attending to be sworn, oath, and to file - 2 - - 2 - - 8 4 41. Accounts, statements, and other documents for use in Chambers when requii'ed, or in Court when reijuired by Judge, including fair co])y to leave, ])er folio . . . - 8 - - 8 42. Bill of costs for taxation, including copy for Registrar, per folio . . . .--4 --8 --8 County ConrtJ] 757 Where the Subject Matter or the Sum recovered exceeds £ .S-. (I. £ s. d. £ ^■. (l. 10 - - 20 - - and does not exceed Exceeds 20 - - r)0 - - 50 - - A. B, C. Copies. XoTH. — Xo copies are to be allowed for unless the Registrar is satisfied that they were necessary, and that copies previously prepared were not avail- able. 43. Of necessary documents to accompany brief, per folio . - - 4 - - 4 44. "Where no provision is made herein that the fee for pre- parinir, drawing, or serving any document is to include copies thereof, for each copy the Registrar may consider necessary, per folio . . - - 4 - - 4 Perusals. Note. — Charges for peru- sals are not to be allowed, except under item 53, where the same solicitor is acting for both parties, or where the solicitor has been previously allowed for such perusal. 45. Of particulars of claim or counterclaim, further par- ticulars delivered under Order (5, Rule 8, or special defence by the solicitor of the party to whom the same ai"e delivered .... Or per folio . . . 46. Of any petition . . . Or per folio . . . 47. Of interrogatories by the solicitor of the party by whom the same are to be answered . - 4 - Or per folio . . . 48. Of notice to produce or admit or to admit facts by the solicitor of the party served . - 5 - - 6 8 49. Of notice of defendant's claim against any person not a party to the action, under Order 11 .... - 3 4 -08 .", 4 - 6 8 - 4 - - 4 3 4 - (; 8 - 4 - — 4 <; 8 - G 8 - - 4 Count !/ ('on ft.'] 758 Whei-e the Subject Matter or the Sum recovered exceeds £ X. d. £ s. (L £ S. C 10 - - 20 - - and does not exceed Exceeds 20 - - .")() - - 50 - A. J5. C. - - 4 50. Of any claim, defence, or counterclaim, when served on a jterson not originally a party to the action, by the solicitor of the ]iarty served theiewitli — - :^ 4 - C 8 Or i)er folio . . . - - 4 - - 4 51. Of affidavit in answer to inteiTOfjatories by the solici- tor of the i>arty interrogating, ]>er folio .... - - 4 - - 4 52. Of other s]iecial affidavits by the solicitor of the party against whom the same can be read, jier folio . . . - - 53. Draft of sjiecial order or judgment when prepared by Registrar .... - -> 4 - (! 8 Or per folio . . . - - 4 - - 4 Attendances. Note. — ^More than 1 atten- dance at the office of the Registrar in au action or matter shall not be allowed, unless the Registrar on taxation is satisfied that each separate attendance was necessary. 54. Toentei'itlaint, or file petition, including filling up jn'tecipe, obtaining any necessary leave from the liegistrar, or giving any ])ro]ier undertaking prior to such entry or filing . .-34 - G S - G 8 55. To deliver or file any counter- claim, special defence, further particulars, answers to inter- rogaL< tries, admission of facts, affidavit of documents, or particulars of claim in inter- pleader ])roceedings . . - 3 4 - 3 4 50, To lodge order, &c., when action or matter remitted or transferred to County Coui-t, including prejtaring all neces- sary documents . . . - 13 4 - 13 4 57. To ins]>ect, or produce for insjiection, documents pur- suant to a notice to admit, County Court.'] Where £ s. tlie Subject Matter or tlic Sum recovered exceeds (1. & s. d. £ 5. c 10 - - 20 - and does not exceed 20 - - 50 - : Exceeds no - A. B. C. •> — o -t - (i s - i; _ - ('. s - c. or jmrsuant to uiiy ordci' or a notice under any rule . Or per hour Note. — This item is not to be allowed, unless it is shown to the satis- faction of the Registrai' that, there were . Where, in consequence of any- thing done by the opposite party during the progress of an action or matter, it be- comes necessary to advise, or receive instructions from a client, for each attendance the Registrar may deem absolutely necessary G4. To make or oppose any inter- locutory application or motion - 5 - -(5 8 - 10 before the Judge in Court, - to to to or in Chambers, without -10- -13 4 1 1 counsel . . . •/ j- (5 65. The like with counsel . .-34- (5 8 , to (- 10 66. On any interlocutory a]ipli- cation to the Registrar . (5 8 a - — o to to 10 - - 13 (5 8-08 - •> - 3 4-68 - i:> - I 1 - to 2 - ?, n IT) - 1 1 to to 1 - 2 2 Caunf// Court.] 7(lo Where the Subject Matter or the Sum I'ecovered exceeds £ s. il. £ .s. iL & s. (I 10 - - 20 - - and does not exceed Exceeds 20 - - :)0 - - no - - A. 15. C. G7. Oil counsel with bi'ief . . - ;> 4 - :> 4 - C. S GS. To appoint confei'ence and attendiui,' thereon . . - i; s - l;; 4 f)'J. At Conrt, conductinu- canse I without counsel . . .1 XoTK. — The minimum must not be exceeded if the action is undefended or there is no real con- test. 70. Or, in the cases mentioned in Order r)OA, Rule 7, by order of the Judi^e, there may be allowed instead of last item .11- 71. At Court on ti'ial with counsel - 10 - NoTK. — The minimum must not be exceeded if the case is undefended or there is no real contest, nor if the solicitor does not attend in person. 72. "Where trial is commenced, but not concluded, on the day on which it is first heard, for each day or part of a day on which it is afterwards heard, with or without counsel, un- less otherwise ordered by the Judge - 10 - 7;i "Where the trial is adjourned for want of time, or upon payment of the costs of the day, in lieu of items (!i) and 71 there may be allowed, with or without counsel, un- less otherwise ordered by the (-If) - 1 1 Judge - 10 - ] to to [11-22 NoTK.—The minimum must not be exceeded, under items 72 and 7v>, if the solicitor does not attend in person. 7 I. AVhen solicitor does not reside or carry on business within 2 miles of the town in 15 - 1 1 to to 1 - 2 2 Count !/ Court.'] 70 1 Where the Subject Matter or the Siiui recovered exceeds £ .s. il. £ s. d. £ .V. (/. 10 _ _ 20 - - and does not exceed Exceeds ■20 - - ;")() - - 50 - - A. I'.. ('. which the trial takes place, ill addition the sum paid for locomotion to attend the trial, nut exceed iii,n", unless other- wise ordered by the -Judii'e . 1 I - 1 ! - 75. When, in the opinion of the Registrar, the solicitor cannot travel to and from the (*ourt the same day, in addition . 1 1 - 11- [Items 7;>, 74, and 75 are not to be allowed in full if the solicitor isengayed in any other case or cases on the same day, but such portion only as the Re.u-istrar shall think just and reasonable, hav- ing regard to all the cir- cumstances.] 7(>. At Court where the amount claimed is paid into Court, or the action is withdrawn or discontinued, less than 5 clear days before return day _ 5 _ - 10 - - 10 - 77. Where in ordinary course of post or delivery notice of payment, withdrawal, or dis- continuance does not reach the o})posite party or his solicitor in time to prevent attendance of the latter at Court, such sum as the Regis- trar shall think reasonable, not exceeding the minimum fee in items (i'J or 71, as the case may be. 78. To hear a deferred judgment - (> 8 -6b 79. Before an arbitrator or on an) (^ i _ inquiry or Admiralty refer- [ _ i ,- _ i i _ J to •> ence before the Registrar, for each sitting . . . .} V 80. The like with counsel . . - 10 - - 15 - 11- 81. Where sitting exceeds ;> hours, for every additional hour _ 5 - - (') 8 - 10 - 82. On taxation of the costs of j ( - *"' ^ the action or matter after i - o 4 - (! 8 < to trial or hearing . . .) (- l;5 4 Coiinfij f 'oini.'] 702 Where the Subject Matter or the Sum recovered exceeds £ ^\ 0 - - :)() - - A. J5. (I £ S. Exceeds 00 - - C. 8;1 Ally dtlier attendance upon ' llie Jiuliie or llegistiar, or at Re.u'istrar's office, oi^upon the opposite ]iai"ty, or upon the Hiiih Bailitr in interpleader liroceedinj>-s not othei'wise provided tor, which the Regis- trar may deem to have been absohitely necessary, and not for a jnirpose which could have been effected at any ])revi(msor subsequent attend- ance allowed si. On taxation of any other costs allowed by order of Judge, where such taxation necessarily takes place at some time other than at the time the order giving the costs sought to be taxed was made, to include drawing bill, copies, notice, and service . . Fees to Couxsel. XoTH. — Fees to counsel are not to be allowed unless the i)ayment of them is vouched by the signature of counsel. JS5. With brief, sum paid not to exceed . . • . 2 4 (I Note. — The maximum is not to be allowed as of course, but in assessing the fee to be allowed the length of the brief, the documents (if any) to be perused and considered, the immber of the wit- nesses, and the difliculties of fact or law involved, must be considered. 80. In the cases mentioned in Order r»(i.v, Itule 7, where there is no local bar in the Court town, or within l^o miles thereof, ■■•= a further fee (- to - 4 - - 5 10 - Atkinson v. Mayor of Carlisle, G5 L. J. Q. B. 331. County Court.'] 7C3 Where the Subject Matter or the Sum recovered exceeds S. £ .S-. d. £ 10 - - -lO - - and does not exceed 20 - - 50 - - (I. £ S. d. A. may be allowed by order of the Judge, if in his o]iiiiioii the maximum fee allowable on the brief is iusulticient, not exceeding- Note. — This item is not to 1)6 allowed in any Court within 2') miles of Charing Cross. 87. On conference, if the fee was marked on the brief when delivered, and in the opinion of the Registrar necessary 88. Where the trial is com-" menced, but not concluded, on the day on which it is first heard, or is adjourned for want of time," for each day \-l or i>art of a day on wdiich it is afterwards heard a re- fresher may be allowed, unless the Judge otherwise orders . 89. Where trial is adjourned upon"^ payment of the costs of the K day, there may be allowed ( as part of such costs . . J 90. With brief on further con- ) ^ sideration or argument . J 91. With brief on any inter- locutory motion or application if Judge certifies for counsel . 92. With brief before an arbi- trator, or on an inquiry or Admiralty reference before the Registrar, or on an exami- nation of witnesses under Order 18, Rule U,i if Judge certifies for counsel, not exceeding Note. — This fee is not to be allowed if the refer- ence or inquiry was directed at the trial, and counsel was then in- }5. 2 4 U r, U> Exceeds 50 - - C. 4 (; 1 G - 1 i; 3 (5 2 4 to to 4 ('. 3 5 o G 2 4 G to to 4 G 3 5 G 3 G 2 4 (; to to 4 G 3 5 G 4 G * Heap V. Pcarf, 39 W. R. 95. t Vide County Court Rules, April 8th, 1895, p. 7-i8. Counlij Coxirt.'] 704 NA'here the Subject Matter or the Sum recovered exceeds t* S. (I. 1(» 20 - structed. A refresher may be allowed instead ]»ui'siiaiit to item SH. 1)8. In the cases mentioned in Order r>(>A, liule 7, for settlini; petition ])articulars, statement of defence intcrroti^atories, or , other matters required in the course of the action or matter, if allowed by order of the Judjxe .... 04. Advising on evidence, if allowed by order of the JiKl . 98. Circulai- letters . . . 99. Costs for searches for certifi- cates of births, niarriaucs, and deaths, and ])ayments therefor, and other disbui'semcnts in relation to procuring office copies or other documentaiy evidence not otherwise jiro- vided for which the Registrar may upon taxation thiidc necessary and proper, such sum as the Registrar shall deem reasonable 100. Oaths, suuis paid unless otherwise ])rovided for . 101. Li addition to the above, an allowance may be made for the necessary expenses of ])ostage8, carriage and trans- mission of documents, not exceeding .... 3 - 3 6 3 - 3 6 1 - - 1 - - 5 - 10 - County Court.'] 7<;5 ALLOWANCES TO WITNESSES. OllDIXAKV WlTNKSSKS, (Jentlemen, merchants, bankers, ami pi-ofes- sional men, per diem . . . tVom Tradesmen, auctioneers, accunntants, clei'ks, and yeomen, per diem . . . fVom Artisans and journeymen, per diem . Ir(»iii Labourers and the like, per diem . tVom Females, according to station in lite tVoin EXPKRT A.NI) Sl. -I.") - to I I - - 7 C. to _ i:. - - 4 - to - 7 c, - :{ - to - 4 - - 2 (1 to - 111 c, SSKS. If Costs taxed on Column B of Scale. If on Coliiiun C of Scale. .£ .v. (1. £ .s. ,1. 1 1 - 1 1 - to to •> •> ' ) • > — ") .") — 1 ] 1 1 - to to •> '> _ •> o _ TOTAL OF ITEMS OF COSTS TO BE ENTEliEl) OX SUMMONS FOR AMOUNTS EXCEEDING £10 WHERE THE PARTICULARS AND COPIES ARE SIGNED BY THE SOLICITOR. The total amount to be entered on an ordinary summons shall be the following, and no more, viz. : — In other claims Where the amount sought to be [Item 1 recovered exceeds £10 and does I „ I'o not exceed £2(), and the claim is i „ h-i a debt or liquidated demand . ( „ DC (Item 2 „ '2i) „ r.4 „ ;•<; Where the amount sought to be i Item 1 recovered exceeds £20 and does ! ,, i>0 not exceed £r)0, and the claim j „ .")4 is a debt or li(juidated demand . ( „ \)(\ Item 2 In other claims . . . \ " ~ . „ o4 I „ '••<; Where the amount sought to be [Item 1 recovered exceeds £r)0, and the I „ '20 claim is a debt or liquidated! „ .")4 demand („!)(; J. — 4 ; : 4 i; — i; • ) 4 . - • ) 4 . - .'» G . - 7 - . - c ,s . - ('> s i; - ]-J . - (') S . - i; S _ 10 . - 1:5 4 . - i; s - ."» {'> Totals. (I. -14 2 - k; 10 1 S 10 1 l;] C. Vide County Court Rules, 1802, Order 50.\, llule 31, p. 748. Covniij Court.'] 766 (I. Ill other claims [Item -2 £ s. d. •2 4 G - i;; 4 I . - i; s c, . - ;; (; ) The total amount t(» be entered on a default summons shall be the i'ollowiiiti;, and no more, viz. : — 2*.) r.4 .1 i. w (- 1 . i Item A\ here the amount sought to be i-ecovered exceeds £10 and does not exceed £2o, and service is : to be made by a bailitt' . . | / Item 1 "Where service is to be made by a' ,, 2i» solicitor „ ;}H „ r.4 /Item 1 1 1>0 Where the amount sou<2,ht to be recovered exceeds £2<» and does ' " . not exceed £.")(>, and service is, " '' to be made by a baililT . . " '/ ! / Item 1 Where service is to be made by a) „ 20 solicitor „ .-IS £ s. (1. - 4 - - 4 - - :; 4 - :; (I - 4 - - ;") — - :; 4 - 4 - - ( Totals. £ .S. cl. - 18 2 :5 4 t — (', H ('. S C, K 7 — r» — c. s c. s (; s ;{ (1 1 10 G 1 i:. G N.B. — Whei-e the amount sought to be recovered exceeds £10, items 15 and 17 may be added where the service for which each of them is given is ])erformed. [XoTK. — Upon jiulgmenf heimj entered vpon a dcfaidi summons for a svm e-ireeding £10, 07ilij items yj cmd G2 are to be allowed in addition to the ((bore.] COURT FEES, TREASURY OKDKR REGFLATING, 1880. Til ])ursuance of the ])0\vers .yiveu by The County Courts Act, and of all other ])owers enabling us in this behalf, we, the under- signed, two of the Commissioners of Her i\Iajesty's Treasury, whose names are hereunto subsci-ibed, do hereby, with the consent of the Lord Chancellor, order that on and after the first day of February J8S'.), the several fees, or sums in the name of fees, specified in the schedules hereunder written shall be taken on the ])roceediiigs therein mentioned, in lieu of all other fees for the ])roceediiigs set forth ; and that the fees so authorised to be taken, with the excejition of the fees mentioned in the Schedule (B.), shall be received by the Registrars of the ditt'erent County Courts, and shall be accounted for and paid over by them to the Treasurers of their respective Courts, or where there Couniij Court.'] 7 (J 7 is 110 Treasurer the Su])eriiiteii(lent of County Courts, and that the fees set forth in Schedule (B.) shall be received by the Iie,£ristrars for the use of themselves and of the Hi«ih JJailiffs, accordiii,<( as the duties are to be performed by the lieuistrars or Hience in the jiouiul. For every jndument summons under the Debtors Act, ISC.'.I, uikmi a judizment oi- order of a County Court, thi-eejience in the pound on so much of the amount <»f the original demand and costs as, in <,.bedience to the order of the Court, should have been paid at the time of the issue of the summons. AVhere such last-mentioned amount does not exceed twenty shillings, an additional fee of sixiience ; and where such amount does exceed twenty shillings, an additional fee of one shilling. For every hearing of the matters mentioned in any judgment summons, sixjience in the i)Ound on the amount u])on which the fee on the summons would have been calculated had the summons been issued upon a judgment or order of a County Court. For issuing every order of commitment n]»on a judgment or order of a County "Court, eighteen-iience in the iiouiid on the amount ujjou which the fee on the heaiing is calculated. All poundage, excei)t where otherwise herein si)ecified, shall be estimated upon the amount or value of the subject-matter of the i)roceedinu- upon which it is payable, except where the said amount or value exceeds twenty i)ounds, when the ])Oundage shall be estimated on twenty pounds oidy. In ]tlaints under sects. .")'.» and CO of the County Courts Act, 1888, l.onndage shall be estimated as upon a claim foi' a sum of twenty iiuunds. In uarnishce actions the poundage shall be estmiated on the amount of the debt attached, or of the judgment debt, whichever is the less. In replevins all poundage, except as aforesaid, shall be estimated on the amount of the alleged' rent or damage, to be fixed by the Registrar. In plaints for the recovery of tenements when the term has expired or been determined by notice all poundage, except as aforesaid, shall be estimated on the amount of the weekly, monthly, quarterly, half- yearly, or yearly rent of the tenement, as such tenement shall have been let by the week or by the month, or for any longer period, and if no rent shall have been reserved, then on the amount of the half- yearly value of the tenement, to be fixed by the Registrar. Where a claim for rent or mesne profits, or both, is added to a plaint for the recovery of a tenement, an additional poundage shall be taken on the amount or amounts so claimed, but where thereby the total amounts on which poundage would be taken shall exceed twenty pounds the poundage shall be estimated on twenty pounds only. In plaints for the recovery of tenements for non-payment of rent all poundage, except as aforesaid, shall be estimated on the amount of the half-yearly rent of the tenement. In proceedings under the i\Ierchant Shipping Act, 18r)4, the Literary and Scientific Institutions Act, 18.")4, and the Metropolitan Buildintrs Act, 18.')."), the poundage shall be estimated upon the amount'^in dispute, and if no amount is in dispute, or if the amount • in dispute is not ascertained, then as upon a claim for a sum of twenty pounds. r , ^ In " proceedings under The Succession Duty Act, ls5o, the poundage shall be estimated upon the amount in dispute. Coimiij Coiirt.'] 769 In proceedings under the Friendly Societies Act, 187."), or under any Act giving the Court jurisdiction in any matter, such other Act not being a County Courts Act, the poundage shall be estimated upon the amount in dispute. In every case where the poundage cannot be estimated by any rule in this schedule, it shall be estimated on £2(). All fractions of a pound, for the purpose of calculating poundage, shall be treated as an entire pound. No increase of fees shall be made by reason of there being more than one plaintiff or defendant, except as before directed, where the numl)er of defendants exceeds three. £ .S-. (1. For every sitting under the Ballot Act, 1872 . . . 2 - For taking the acknowledgment of a married woman, where only 1. . . . . . . .1-- And lo.s. for every additional woman. For a warrant to replevy . . . . . . .-20 For a replevin bond or deposit, where the alleged rent or damage does not exceed £20 . . . . .-IOC) For a replevin bond or deposit, where the alleged rent or damage exceeds £20 . . . . . . .11- For notice to distrainor . . . . . . . - 2 (i For every subpoena to be served by a bailiff" in a home district ; if served within 2 miles of Court house . . - 1 - For every mile beyond 2 . . . . . .--('. But the total fee to be taken is in no case to exceed ;is. For every subpama to be served by a bailiff in a foreign district . . . . . . . . . - :^) - For every sitting under the Agricultural Holdings (Eng- land) Acts 1-- For every })etition presented to a Court under the Industrial and Provident Societies Act, 187 (! . . . . 1 - - For every order for windin^^-up under the last-mentioned Act . . . . ' 1 - - For every sittiny- to take evidence under the Companies Act, 1802 / 2 - - For every sitting before the .) udu'e under the Companies Act, 18G7 .". . .' 1-- SCHEDULE (B). PART I.— GENERAL. RePtIstrar's Fees. £ s. (L For making a return of certiorari for costs out of pocket . - !,"> - Filing affidavit on issue of duplicate plaint note . . - - G .I.e. 3 1) County Court.'] 110 ITi<;ii Bailiff's Fees. Por keeping possession of uoods till sale on any process of execution, per day (includint;: ex]ienses of removal, storaue of «i-oods, and ail other expenses), not exceeding- 5 days, (I//, in the j^ound on the value of the goods seized, to be fixed by ap]»raisemcnt in case of dispute. For keeping possession of goods under Order 2, Rules 3(5 and 'dl, costs out of pocket, not exceeding 'M. (')d. per day. For "keeping possession of goods in an iiiter])leader ]iro- ceeding after the 7th day, in addition to the fees on execution of warrant costs out of pocket to be allowed by the Judge. £ s. d. PART II. RKaisTUAii's Fehs. For examining, allowing, and filing every affidavit of debt or for substituted service under section SC of the County Courts Act, IHSH, where the claim does not exceed 4o.s. For the like, where the claim exceeds -l-O.s. For entering writ under sections (i5 or GO of the County Courts Act, 1888, and sending notice to parties of day of trial, &c. ........ Taxing costs in actions under sections (i5 and l!(5 of the County Courts Act, 1888 On entry of plaint under sec-tions 5'J and (JO of the County Courts Act, 188S Where the plaint has no^ been entei'ed under section (;u and the .Judge shall certify that the Court has exercised jurisdiction under that section, the above fee of £1 l.s. shall be paid. On every order for a new trial in actions commenced under sections 5!) and ('>() of the County Courts Act, 1888 Taxing costs under either of the said last-mentioned sec- tions 5!) and (!(), or under the Agricultural Holdings (England) Acts . . . . ' . . Foi' sealing every warrant, order of commitment, ])recept, or writ issued from, or on a judgment of, a Court other than a County Court, (uL in tlie })0und on the amount for which it issues (so that the total fee does not exceed IOn.). For issuing a judgment summons u])on a judgment or order of a Court other than a CV)unty Court . For di'awing u]», scaling, and issuing every order under the followimr rules or any of them : — Order 12, Rules 2, ;5, 8 and 11. . . . \ Order l:>, Rule 1 Order 14, Rule 12 Order 1."), Rule 8 } Order 40, Rule 7 Order .')1, Rules 11 and 12 . ... 1 For drawing, sealing, and issuing every sjtjcial juugment or order, where Court exercises jurisdiction under the 1 - I 1 - - o — 1 1 - 10 (; 10 (5 2 (; County Coini.'] 771 £ ., Rule 25 Order 10, Rule 4 Older 1(), Rule 21 Order 21 - 2 Oi'der 22, Rule 14 i Oi'der 2:., Rules 40 and 41 .... Order 40 ' For every apjiUcation under Order 2."), Rule 44 . . - lo For copies of every proceeding or document under Order 2, - Rule 7, at per folio . . . . . . . - - For every bond with sureties . . . . . . - "> High Bailiff's Fees. For every default summons when not served by a solicitor or party* . . . . . . . . . - 1 For service of every judgment summons issued upon a ■ judgment of a Court other than a County Court . . - o For executing every warrant, order of commitment, pre- cept or writ issued from, or on a judgment of, a Court other than a County Court, l.'^. in the pound on the amount for which it issues, so that the total fee does not exceed 20.s. ; and for keeping possession, appraisement, and sale the same allowances as under a warrant of execution by a County Court. For delivering the goods on completion of a replevin bond together with (Ul. a mile from the Court house to the place where the goods are . . . . . .11 PART III. Registrar's Fees. Wliere the Subject Matter Fees in Equitable Actions or Matters only, unless of the Action or Matter otherwise mentioned. Does not Exceeds £100. exceed ilOO. £ ,s. d. & s. d. For duties to be performed under Order 38, Rules 8 to 21 inclusive, to be charged once only in the matter . . . . . - 10 - - 1.) - On transfer of proceedings from the Chancery Division of the High Court of Justice, or of interjtleader ])roceedings under the Supreme Court of Judicature Act, 1.S84 ; for * " Or party " added by Treasury Order dated November 22, 1894. 3 D 2 County Court.'] 779 ^^■bcl•e the Subject Matter of Fees in Equitalilo Actions or Matters only, unless the Action or Matter otherwise mentioned. Does not exceed A'lOO. Exceeds i'lOO. £ S. d. £ .S-. (I ])cnisiiiL;' nnd filiiii;- papers, apjilicatioii to Jiul^'C, drawiiii;' directions to ]troc-eed, and notice to pai'ties . . . . .11-11- For attestint;' admission of defendant and tiling, Order *), Rule 4 . . . . . - :5 (■; - A - For filing statement of defendant, or notice by ])laintiif for dismissal of action, Order 1), Rules 1 and 4. . . .. .-2(;-4- For settling draft order on an ex parte applica- tion, and the order as made. Order 1 2, liules 7 and 8 - 10 - - IT) - Drawing and filing order of transfer, under Order ."i;;. Rule o, and transmitting order and pa})ers . . . . . . - 10 - - 15 - For drawing, filing, and sealing every special order or judgment (other than orders ob- tained ^v /wr/e under Order 12), and every final order in any equitable action or matter. including copy for service . . . . - 1 ."» - 15- Foi" every order for further directions under Order 24, Rule ID - 7 - - 1 2 - For filing or recording every order by Judge for adjournment . . . . . - 2 ('. - 4 - For drawing advertisements and inserting . - 5 - - 7 - For every sitting on which the Registrar is employed in taking accounts, making inquiries, or acting as a special examiner under Order 24, Rule 1, or Order is, Rules 15 and 21 - lo - - 10 - Where the sitting is longer than 1 hour, then for every additional hour or part thereof . . . . . . - 5 - - 7 Where the Registrar is required to attend elsewhere than at the Court or office (in addition to the above) . . . - 10 - 1 - - Mileage one way, each mile . . . - - (J - - For certificate under Order 24, Rule 1 5 . . - 15 - 1 lo - For making and transmitting note of order under Order ;)(;, Rule 2 . . . . - 2 (I - o (i For every inspection of certificate, Order 24, Rule k; -1--2- For filing and sealing every allidavit, or other document in an ecpiitable action or matter, not being a document annexed to an affidavit - 1 - - 1 - For every application for a search and searching - 2 - - 2 - For issuiug every warrant . . . . - 2 - - o - For giving every notice required by an order in an equitable action or matter, except as hereafter mentioned . . . . . - 2 - - 2 (i Where the notices are given under r)rder .">, Rule 25 . . ' . . . . - J5 - - 5 - County Court.'] 773 _ . _ .^ ,, , ,. ,, ^^ , , Where the Subject Matter of Fees in Equitable Actions or Matters only, unless the Action or Matter otherwise mentioned. Does not ^^ , „,^ exceed £100. Exceeds £100. £ S. (I. £ S. , or fractiuii thereof - 2 (> - 2 (I For every bond in any action or matter with sureties . . . . . . . _ r, _ _ 7 c, For every summons under Order 24, Rule 2 . - ] i; - 1 (; High Bailiff's Fees, For service, within home district, of every summon.s, petition, notice, or order — If within 2 miles of Court house . .-40 _ If beyond 2 miles, then for every addi- tional mile, or part of a mile . . - - - - G For service of every summons, petition, notice, or order in a foreig-n district, each defendant to be served _ d _ _ ,S _ Where service is ordered to be personal, then an additional fee of . . . . . - 4 _ _ 5 _ For the execution of each warrant within home district _ 7 _ 10 _ With an allowance of mileage, double the amount of the allowance on summonses. For execution of each warrant in a foreign district . . . . . . . - 10 - - l.") - Keeping possession, for each day the man is actually in possession . . . . - G - - 7 G 3.S'. — - 5 - — ;) — _ 2 — - 1 (') Exceeds £100. £ .S. d. - 7 <; - 7 (; - 7 C - 2 C — h — -20 - 1 C -20 - 10 - - If) - 1 15 - - 1 - - - 15 - - - County Court.'] 775 Fees where the Court exercises jurisdiction under the Where the Amount claimed County Courts Admiralty Jurisdiction Acts, 1868 Does not t- ■> „,/^/^ and 1869. exceed £100. Exceeds £100. £ S. (I. a S. (/. AYhen the lleiiistrar cannot return the same ^ nio-ht . 11-11- For drawing final judiiiuent . . . . _ ]o _ _ ]-, _ For filing an affidavit or other document, not being a document annexed to an affidavit . - 1 - _ i _ For every office copy of a document in the English language, per folio . . . - - 4 _ _ 4 For office co]iies of ])a]»ers in a foreign language, or of shorthand writers' or reporters' notes, or of abstracts or translations made in the office, in addition to the above fees, the charges of the copyist, shorthand writer, reporter, or translator .... On a receii)t for money or for papers (only one fee to be taken, however many may be the papers delivered in at one time) . . . - 1 - - 1 - Poundage on moneys paid out of the office in any action, for every £.")(» or fraction thereof - 5 - - ;"> - From a person who is not a party in the action, nor his solicitor, nor the clerk of the solicitor, on examining the Court books in res]iect of any action . . . . . ._i__]_ For every summons of commitment . . - 8 - - 5 - For every warrant against the body or goods or order of sale of vessel . . . . - 5 - - 7 (5 On examining the documents in any action in which no proceedings are pending, and which has been terminated within the last 2 years - 2 G - 2 G On examining the documents in any action in which no proceedings are pending, and which has not been terminated within the last 2 years - 3 (! - ;> G For every sitting in which the Registrar is employed as an examiner, where the amount claimed exceeds £20 - 7 - - ID - "When the sitting is longer than one hour, then for every additional hour or part of an hour . . . . . . - 5 - - 7 - "Where the Registrar shall be required to attend elsewhere than at the Court or office (in addition to the above) . . - 10 - 1 - - IMileage one way from the office to the place of examination, for each mile . - - i; - - G For taxation of costs . . . . . - 5 - - 7 • Hidii Bailiff's Fees. For service of summons or subpa>na, if served within ;> miles of Registrar's office If served beyond 3 miles of Registrar's office, reasonable expenses for travelling and main- tenance ....... - o - - D - County Court.'] 776 Fees ■where the Court exercises jurisdiction under the Where the Amount claimed County Courts Admiralty Jurisdiction Acts, 1868 Does not -c^^^^Ac />inr> and 1869. exceed .£100. ^xceeas ±1U0. £ .V. - Mileage, if served beyond 2 miles from solicitor's nearest place of business, for each mile over 2 miles, not exceeding lo miles . . . . . . .-;")- In addition, if order made foi' substituted service to include all costs of attendances, making appointments to sei've, drawing, engi'ossing, attending to swear and to file all aflidavits, fees foi' oaths, and obtaining order, not exceeding . . . . . . . . - lo - Paid fee for examining and filing affidavit for substituted service -2- Atfidavit of service of default summons, including engross- ing, attending to be sworn, oath and filing . . . - ;J 4 Attending applications for directions in Chambers, when order made . . . . . . . . - 2 - Paid fees Preparing further particulars, defendant having demanded same, including copy to file . . . . . . - 2 - Or per folio . . . . . . . . .--H Attending application in Chambers for discovery, if not made on application for directions .... Paid fees Attending to inspect documents ..... Attending defendant's application for discovery, if not made on application for directions .... Drawing affidavit of documents, including engrossing Or per folio Paid oath ......... Attending giving iiis])ection of documents . ... Drawing interrogatories, including copy to file . Or per folio ......... Attending application when order made if not made on application for directions ...... Paid fees ......... Perusing defendant's interrogatories .... Attending application of the other side to administer interrogatories (if not made on application for direc- tions), when order made ...... Drawing and engrossing affidavit in answer to interroga- tories .......... Or per folio ......... Paid oath ......... Drawing and copy notice to admit facts .... Drawing and copy admission of facts .... Notice to ])roduce documents and copy .... Notice to admit documents and copy .... Drawing affidavit of service of notices, including engross- ing, attending to be sworn, oath, and to file when requisite 2 I* i\ 4 •> _ 2 C 1 (I G 3 4 2 () - G 2 i; 4 •) it 1 G •> - _ 9 County Court. ^^ 7!) Attending giving- inspection of docnnicnts Attending to inspect documents . . . . . Examining witnesses and taking notes of evidence (if counsel not instracted), foi' eacii witness And pel' folio beyijiid C folios Instinctioiis for drawing and fail- copy brief, l.s-. per folio, not exceeding . . . .' . Paid fee to counsel and clerk, not to exceed Attending him Attending trial with or without counsel, when same adjoui'iied for want of time or upon payment of the costs of the day ....... Attending trial with counsel ..... Attending trial without counsel .... Paid hearing fee ...... . When trial commenced, but not concluded on the day or which it is first heard, for each day or part of a da}' on which it is afterwards heard with or without counsel, unless otherwise ordered by the Judge Drawing bill of costs, including copy for the Registrar, per folio . . . . . . . \ Fair copy foi" the other side,* per folio .... Attendance obtaining appointment to tax, and notice thereof ......... Attending taxing ........ Paid witnesses as per scale ...... Plans, charts, or models for use of Judge at trial, if allowed. by order of Judge, not exceeding in the whole . Colli uin A £ .s. (I - - (; II) \ III 10 v.) - II) _ ■> 1 1 - 2. PLAINTIFF'S COSTS OF ACTIONS COMMENCED IN A COUNTY COURT WHERE THE SUM RECOVERED EXCEEDS £20 AND DOES NOT EXCEED £:.o, AND WHERE THE SUMt RECOVERED EXCEEDS £r)0. Letter before action ..... Notice before action when required by statute Service thereof Instructions to sue ..... Drawing affidavit for default summons, in- cluding engrossing, attending to be sworn, and filing ....... Preparing particulars of claim when same a liquidated demand, including necessary copies signed pursuant to Order ('., Rule lOA Column B. Above .£-20, up to i'aO. £ s. (1. - 3 C c. 8 - 1 Column C. Above £50. £ ^. ^ - 1 G - ■> C - ];) 4 - C. 8 - C 8 - 10 - * A copy of the bill must be delivered to the other side (Order 50a, Eule 2). t The sum recovered is the amount which the plaintiff obtains in an action whether by verdict or otherwise : Parr v. LilUxrap, 32 L. J. Ex. 150 ; Boiddinrj v. Tijlcr, 32 L. J. Q. B. 85. Counhj Court.'} 780 Column B. Above £'20 up to £50. to or and Pre])arint,' particulars in all other claims Fee to counsel to settle same in actions under the Empluyers' Liability Act, actions re- mitted fVom the High Court, in Admiralty, 'j- 1 Equity, or Ejectment, if"allo\Yed by order of .Judi^e (Order oOa, Rule 7) . Attending to enter plaint .... Paid Court fee Service of default summons .... Mileage, if served beyond 2 miles fi'om solici- tor's nearest place of business, for each mile over -2 miles, not exceeding 10 miles . Service by agent in addition, where requisite In addition, if (»i'der made for sulistituted service to include all costs of attendances, making ap])ointments to serve, drawing, engi'ossiiig, attending to swear and to file all affidavits, fees for oaths, and obtaining order, not exceediug ..... Paid fee for examining and filing affidavit for substituted service Affidavit of service of default summons, in- cluding engrossing, attending to be sworn, oath, and filing ..... Perusing special defence Or per folio ...... Perusing jtaiiiculars of countei'claim Or ]ier folio ...... Attending })lainti&" as to notice of defence default summons or special defence, counterclaim raised by defendant Notice of application for dii'cctions copies Service thereof .... Attending application when oi'der made Paid fees Fair copy order for service The like of receii)t foi' deposit Paid for de])0sit on discovery. Service of oi'der and receipt for dei)Osit On receipt of notice from defendant requiring further particulars, attending plaintiff for same ....... Preparing further particulars. Or per folio . Attending to file same .... Attendance to deliver copy to defendant Notice of application for discovery of docu- ments when not made on ajtijlication for directions ..... Service thereof .... Attending application when order made — i — - (5 8 Column C. Above £50. 1 1 - to ■2 4 - (; 8 - 5 - - 7 - - i; 8 - C. IS - - 4 - (; 8 - - 4 - G 8 i () ; 8 - 1 z.^ -2 (5 C 8 8 • - 1 - 4 - ;^ 4 4 - ;} 4 Count u Covri.'] 781 Paid fees Fair copy oi'der Fair cojty receijjt for de])Osit . Service of same and oixler Perusing aftidavib of documents, per folio Notice for ins])ection and copy Service thereof ..... Attending to inspect .... Or per hour ...... Where solicitor inspecting does not reside or carry on business within 2 miles of place of ins])ection, in addition sum i)aid for loco- motion not exceeding Attending defendant's application for dis- covery (if documents if not made on appli- cation for directions when ordei- made Attending client for documents in his pos session ...... Instructions for altidavit of documents . Drawing affidavit of documents, including engrossing. ..... Or ]>er folio ...... Attending deponent on his being sworn . l\\id oath ...... Attending to file same .... Making co])y affidavit for the other side per folio ...... Attending to deliver .... Notice of ap])oiiitment to inspect . Service thei'eof ..... Attending giving insi)ection . Or per hour ...... Instructions for plaintiff's interrogatories 1 )rawing and engrossing same Or per folio ...... Fee to counsel to settle same, if allowed b^ order of Judge (Order .")0a, Rule 7) . Attending him ..... Notice of ap])licatiou to administer plaintiff's interrogatories if no order made on direc- tions ....... Service thereof Attending application when order made . Paid fees ...... Paid deposit Copy interrogatories for the defendant, per folio Copy order and receipt for deposit, per folio Attending to deliver same Attending giving consent to further time to answer interrogatories Perusing affida^■it in answer, i)er folio c< :)lnmn B. Colimin C. Above i.-2fJ up to £;>;. Abo\ •e iloO. £ S. i; i; £ s. (1. li li . 1 _ 1 - . - 1 - - 1 - . - 2 C - ■1 c. . - 1 2 4 - - -1 1 i' - (; _ •1 c . - C >^ - (1 s • C s - (1 s G 8 (; s c .s 1 - - - c. s - c s - 1 - ^> 4 — i; s 1 4 — 1 i; 4 _ 4 _ _ 4 3 4 - ^» 4 1 C - 1 (•> 2 i; (1 - (1 i; .s (; (; — s - 1 - - 1 - 1 3 C •> 4 ('. - ;; 4 - c. 8 — — i) - i; - i; - c. Couniij Court.'] 7H2 Column B. Above £''20 \\\t to £50. Column Above i' Notice of application to Judue for furtlier and better answer to interrogatories, including- copy to file ...... Service on the other side .... Attending' application before the .Indue in \ Court I If any party fails to comply with an order to answer interrogatories or for discovery, see Order 1C>, linle ]!•. Attending' Ileu-istrar for sealed copy of order indorsed and signed by Registrar for per- sonal service on the ]iarty in default (Form 21)2a) Service thereof ...... Affidavit of personal service .... The party failing to obey the order attending Registrar, for sealed notice for committal for contempt (Form 21)3) .... Service thereof Affidavit of personal service .... Attending ajiplication before Judge . 1 Order for attachment to issue . . \ Attending Registrar bespeaking order for com- mittal ....... Paid fee Perusing defendant's interrogatories (_)r per folio ....... Attending defendant's application fiir inter- rogatories if not made on ap})liration for directions when order made Attending obtaining defendant's consent to further time to answer interrogatories Instructions for plaintiff's affidavit in answer . Drawing and engrossing same ( )r per folio ....... Attending to be sworn ..... Raid oath ....... Attending to tile . Copy affidavit for the other side, ])er folio Attending to deliver ..... Instructions for counsel to advise on evidence, if allowed by order of Judue (Order 50a, Rule 7) Fee to counsel and clerk Attending him . Drawing notice to admit facts and 1 copy ( )r per folio ...... Attending to deliver .... Perusing defendant's notice to admit facts Drawing and copy admission of facts 2 ('• _ 2 (■) 8 - 10 lo -1 to 1 1 (■) 8 - (5 8 ") — _ T) _ 5 - - (; 8 6 8 (1 8 5 _ _ .") _ T) - - <; 8 i; s - 10 - to 4 I to ! i; 8 (■) s - 4 8 y 4 C 8 .") — 1 - ;'. 4 1 c :} 4 - 4 6 4 ;", 4 :> (*) ;; 4 4 - - 8 ;5 4 - (; Count tj Court.'] 783 Or ])cr folio beyond :> folios . Atteiidinu' to deliver Notice to produce and copy . Or per folio .... Service thereof Notice to admit and copy Or per folio .... Service thereof Affidavit of service of notices to admit and produce when required Attendance li'ivin*;- inspection of documents Or per hour Attending- on admission of documents bein siii'ned ...... Perusing defendant's notice to produce . Attendinsi' client for documents to be produced Attendinu- producinu" documents for inspection Or per hour ..... Perusinti' defendant's notice to admit Attending to inspect documents held by defendant Or per hour Where solicitor inspecting does not reside or carry on business within 2 miles of place of inspection, in addition sum ]iaid for locomotion not exceeding . Attending to admit documents Attending issuing subpoena for attendance of witness .... Service thereof Paid conduct money If owing to distance of party to be served it is projier to effect same through an agent, in addition ....... If witness be iu custody otherwise than under civil process, ap])lication must be made to Judge under section 112 of the County Courts Act, 1 888. Instructions for affidavit to ground applica- tion to Judge . Drawing and engrossing same Attending dejionent be to sworn Paid oath .... Notice of a])])lication to Judge Attending filing same . Coluuin B. Above i'20 up to £-50. £ .S-. (L - ] - - 4 - Attendini made in Court before Judge when order Attending Registrar for order and Judge for his signature thereto Attending lodging same with gaoler Paid travelling expenses - i; - 4 - - - - S ~ -2 {-, - 2 - - i; 8 - c « c 8 G 8 Column C. Above £50. £ .v. (I. ;5 4 ."» — - H ■1 i) ") — - S ■1 c - ( 8 - ( 8 - ( 8 - ( - ( (5 8 C 8 - ;) — - / - . - (5 8 - (; 8 . - 5 - - h — — o . - ] . - 1 4 - (i 1 s (1 _ 1 1 — >> 4 -■ ;; 4 1 - (1 S - ](» - ■' to to 4 1 1 - L s _ i; 8 . - (5 8 - G 8 County Court.'] (84 Attending- bespeakiiif^ a jurv Paid . . .'.'■. Examiniim-and takiiij^ evidenceof each witness if counsel not instructed .... And for each folio beyond C . In addition by order of Judge in the cases mentioned in Order 51 )A, Rule 7, where no counsel employed for minutes of fact or argument ....... If counsel instructed, in lieu of the last '2 items the following : — Instructions fur brief, not exceeding- Drawing brief, jier folio .... Fair copy, per folio .... Fair copy particulars, counterclaim, notices to admit and produce, affidavit of documents, answers to interrogatories, correspondence and other necessary documents for counsel, per folio . Fee to counsel with brief, not exceeding . Attending him . . , . , Attending appointing conference and attending same ..... Paid fee Column B. Above .±-20 up to £50. £ .V. (]. 3 4 Attending Court counsel conducting cause without Or in employers' liability, remitted, equity and ejectment actions, by order of Judge at trial (Order oOa, Ptule 7) . . ." . Attendin"- trial with counsel ... Paid hearing fee . Solicitor's travelling expenses when he does not reside or carry on his business within 2 miles of the town in which the trial takes place, nnless otherwise ordered by Judge When in opinion of liegisti-ar solicitor cannot travel to and from the (-ourt in the same day, in addition . . . . . "When trial is commenced but not concluded on the day on which it is first heard, for each day or part of a day it is afterwaids - heard with or without counsel, unless otherwise oi-dered by Judge Circular letters to witnesses to attend adjourned hearings ....... When trial adjourned for want of time oi' on payment of the costs of the day, with or without counsel, unless otherwise ordered bv Judge . ... 1 1 - n 1 1 1 2 ITj to 1 1 1 - to 1 to Coluum C. Above £50. & S. d. - (; 8 - 5 - 6 8 - 1 - 3 8- - 1 - - - 4 4 - - 4 .") c 5 10 ■d 4 - (i r. 8 - 13 c. - 1 (; 1 1 to -> 1 1 1 1 to - - 1 - -11- to .« v Counl)/ f'ourt.l Jiefrcslier fee to counsel* 785 Column H. Above £20 up to £50. £ .v. il. 1 ;! (I costs and copy for Registrar, Attending him Drawing bill of ]ier folio Copy for tlie other side . . . . Attending for appointment to tax and lodging bill of costs Notice of taxation Service thereof ...... Attending taxing ...... If affidavit of inci-ease requii-ed by the other side, and allowed by Kegisti-ar : — Drawing and engimsing allidavit of increase, per folio .... Attending to be sworn . •Paid oath .... Copy for the other side, per folio Attending to file . Letters, etc. .... Paid witnesses Fees to witnesses for qualifying to give evi and pre])ai'e jilans, charts, or models by order of Judge at trial (Order box, Rule 31, p. 74S), foi- which application is to be made at the hearing {see scale, p. TG.")). dence to 4 - 1 - Column C. Above £50. to - <; - c - Vd 4 - (■> 8 (; - ] C 4 - - 4 4 - ?> 4 - 1(1 - ?>. DEFENDANT'S COSTS OF ACTION COMMENCED IN A COUNTY COURT WHERE THE SUM CLAIMED EXCEEDS £10 AND DOES NOT EXCEED £20, AND ALSO AVHERE THE SUM CLAIMED EXCEEDS £20 AND £50 RESPECTIVELY. Column A. Column B. Column C. Above f -20 up to i'oO. Above £50. £ s. d. £ s. (1. £ N. (I Instructions to defend - 'd 4 _ G Service thereof .... _ •> c _ 2 i; Perusing further and better par- ticulars _ 4 _ c s Or per folio - - 4 _ - 4 Instructions for counterclaim - 3 4 - (i s - 13 4 Heap V. Fcart, 39 W. R. 95 ; 1 Q. B. 110. Conniij ConrlJl 786 Prepariiio- particulars of same and necessary co)>ies If claim unliquidated . Attendiiiti- to file same Drawinu: notice of special defence Attending to file same (The remaining items in defendant's costs under Column A. can be framed from plaintiff's costs of action Xo. 1, commencing at notice of ajiplication for directions, and under Columns B. and C. from jilaintiff 's costs of action Xo. 2, commencing at the same place.) Column A. Column B. Above i-20 up to fjO. £ .V. d. Column C. Above £50, - 4 _ _ 7 - _ 10 - - (i - - 12 - 1 1 - - ;; 4 - :5 4 - ■) - - .") — - c. s - ;; 4 - ;; 4 4. TLAIXTIFF'S COSTS IX AX ACTlOX FUUXDEJ) OX COXTRACT COMMEXCEI) IX THE HIGH COURT AXI) REMITTED TO THE COUXTY COURT UXDER SECT. (>.■) OF THE COUXTY COURTS ACT, 1888, AVHFRE J'LAIXTIFF OBTAIXS AX ORDER UXDER ORDER 14 EMFOWERIXG HIM TO EXTER JUDG- MEXT FOR £20 OR UPWARDS, AXD THE DEFEXDAXT OBTAIXS LIBERTY TO DEFEXD THE ACTlOX AS TO THE Rl-:sil)UE OF THE PLAIXTIFF'S CLAIM, AND THE TOTAL AMOUXT RECOVERED EXCEEDS £20 AXD DOES XOT EXCEED £50.* Letter before action ...... Circular letter to each other defendant not in partnership Instructions to sue ........ AVrit of summons copy to file and attending to issue . Instructions for statement of claim . Special indorsement .... Paid fee Attending to obtain undertaking to appear Service of writ . . . . . Affidavit of service .... Paid oath ...... Attending searching for appearance if no notice given Paid Instructions for affidavit of ])laintifr to sign judc"ment under Order 14 . Drawing and engrossing same, per folio . Attending deponent, to be sworn I'aid oath . . . . . . . . . - 1 Paid filing ...... Summons for leave to sign judgment copy and service and copy to file Paid - ;5 - Copy affidavit for defendant's solicitor, per folio . . - - 4 •S. d. i; J c (i (') s ;] 4 10 _ 8 1 (; '•> 4 1 - (', K 1 4 C 8 * Barker v. Hcnqystcad, 58 L. J. Q. B. 369. Couiilij ('oi(rf.'\ 787 Attending summons when same adjourned by ^Master for defendant's affidavit in reply . . . . . Perusing atHdavit of defendant in reply, per folio Attending adjourned summons when plaintiff to be at liberty to enter judgment for £L^") if not paid within 7 days and action remitted to the Comity Court Paid for order ...... Copy and service Attending to bespeak atlidavits tiled in High Court to be remitted to the County Court .... '■♦Sittings' fee Summons for payment out of Court of money paid in pur suant to ]\raster's order, copies and service . Attending before blaster when order made Order copy and service ...... I )rawiug authority for payment out of Court and attending client therewith, obtaining his signature thereto, and attendance obtaining money out of Court Attending at the County Court to lodge order of blaster and writ ...... Paid fee . Notice of application for discovery . Service thereof Attending application when ordei- made . Paid fees Fair copy order for service The like receipt for deposit Paid deposit Service of order and receipt Insti'uctions for plaintiff's interrogatories Drawing and engrossing same. Or per folio ...... Copy interrogatories for defendant, ]ier folio Attending to deliver .... Attending giving consent to time to answer sam Perusing affidavit in answer, per folio Instructions for counsel to advise on evidence, if allowed by order of dudge under Order 50a, Rule C (p. 74.")) Fee to counsel and clerk .... Attending him ..... Notice to produce copy and service . Notice to admit copy and service Attending giving inspection of documents Perusing defendant's notice to produce . Attending clients for documents to be produced Attending producing documents foi- ins])ection l*erusing defendant's notice to admit Attending to inspect documents held by defendant Sub]XL'na for witness, A. B. . Service thereof ...... Paid conduct money ..... Attending bespeaking a jury .... £ N. (I - 8 — — 4 - (1 8 - • > 6 _ • > 4 - IT) - _ 10 (; - c. 8 - -s (> - l;) 4 ] 1 - ;) — - •> (; - c, 8 - (•) ('» - 1 - - 1 - ] - - - 2 <; - C 8 - o - - 1 - i; S ('* s - i; 8 o (J *In re Levy Myers v. Isaacs, 33 S. J. 201. K J Coimtii Court.'] '88 Dv a s. (1. Paid fee - ."» - 3-' Instructions for brief . . . . . . . 1 1 1 C. Drawinu^ same, per folic . . . . . . . - 1 - Fair c-opy thereof, ])er foliu . . . . . . - - 4 Fair coi>y notice to produce and admit, per folio . . - - 4 Interrogatories and answers and eoiiy correspondence and other documents necessary for counsel to accompany same, per folio - - 4 Fee to counsel and clerk .......;> ;"> (i Attendiuii" him . . . . . . . - ;> 4 Attending ap]iointinu' conference and attending' same . - C .s Paid counsel's fee and clerk 1 C. - ^» Attending trial judgment for £25, in addition to amount paid into High Court 11- ■^ Paid hearing fee . . . . . . . . -' - - ^ Drawing bills of costs and fair coi)y for other side, per folio - 1 - -" Attending for a])]»ointment to tax and lodging bill . . - :5 4 ► Notice of taxation and service . . . . . . - 4 - ^ Attending taxing . . . . . . . . - (] 8 > Paid fee - ,"» - ■ Lettei's . . . . . . . . . .-.")- Note. — The costs of a ])laintitf in a remitted action founded on contract, in which plaintiff recovers more than £50, will be the same as the 8u])erior Court costs down to remitter to the County Court, and the County Court costs must be framed in accordance with Column C. {ride Bill No. 2, Column C). 5. PLAINTIFF'S COSTS IN AN ACTION FOUNDED ON CONTPtACT COMMENCED IN THE HIGH COURT AND RE^kllTTED TO THE COUNTY COURT UNDER SECT. ('.5 OF THE COUNTY COURTS ACT, 1888, WHERE THE MASTER GIVES THE DEFENDANT UNCONDITIONAL LEAVE TO DEFEND UNDER ORDER 14, AND THE PLAINTIFF RECOVERS A SUM ABOVE £20 AND NOT EXCEEDING £50.* £ N. (J. Letter before action . . . . . . . - ;J (i Instructions to sue - C 8 Drawing affidavit as for a default summons . . . - ('> -s Prei>aring particulars of claim . . . . . . - 7 - Attending to enter plaint - C S Paid Couit fees as for a default summons . . .12- Service of default summons - 5 - Mileage, not exceeding . . . . . . . - 5 - Affidavit of service of default summons . . . . - 5 - Attending at the County Court to lodge order of blaster under Order 14, and orifrinal writ . . . . - 1:5 4 Paid fee . . . ^ 11- (The remaining items can be ti-amed from plaintiff's costs, No. 4.) Statham v. Wilson. GO L. J. Q. B. 725. Coinitij Covrt.'] THO X(jTK. — When a i>laintitl" in an action founded on contract commenced in the Hiu;h Court and remitted to the County Court under sect. (I."), recovers a sum less than £::i(), he is entitled to no costs : White v. Cohen, (\-> L. J. Q. B. 274. Wiien in an action founded on contract commenced in the Hijfh Court for over £.">() and remitted to the County Court under sect. (>.'>, the plaintiff obtains an order under Order 14 for a sum of £4(>, and afterwai'ds recovers in the County Court a further sum of £1:.^, so that the total amount recovered since the issue of the writ exceeds £")(), the costs of the jn-oceedinn-s in the action in the County Court are to be taxed under Column C. : KeehJe v. Jknnett, Go L. J. Q. B. 01)4. .V. ii. c 8 c s •> - 4 _ <; 8 (',. DEFEXIUXT'S COSTS* IX ACTIOXS FOUXDED OX COXTRACT COMMEXCEI) IX THE HIGH COURT AXI) REMITTED TO THE COUXTY COURT UXDER SECT. 05 OF THE COUXTY COURTS ACT, 3 888, WHEX THE AMOUXT CLAIMED EXCEEDS £20 AXD DOES NOT EXCEED £50, AXD WHEX IT EXCEEDS £50. £ Instruction to defend ........ Enterino- appearance ........ Paid 1 defendant ........ Xotice thereof, and that statement of claim required copy and service ......... Perusing statement of claim ....... Perusing plaintiff's affidavit in support of summons, per folio - Attending summons before Master under Order 14, when same adjourned for affidavit by defendant . . . - Instructions for affidavit by defendant . . . . - Drawing same, per folio ....... Fair copy, per folio . . . . . . . - Attending deponent to be sworn . . . . . - Paid oath - Paid filing .......... Copy affidavit for the other side, per folio . . . - Attending adjourned summons when defendant to be at liberty to defend, and action remitted to the County Court - i; 8 Sittings' fee - 15 - (The remaining items in defendant's costs can be framed from plaintiff's costs of action. Bill Xo. 2, commencing, Xotice of application for directions.) c 8 c 8 1 - - 4 i; 8 1 2 G — 4 ^^L^i^ ^ * Section 116 of the County Courts Act, 1888, applies only to the claims of the plaintiff, and does not affect defendants. icCl Covniy Court.'] 790 COSTS OF CLAIMANT IX IXTERPLEADER PRO- CEEDINGS re:\iittei) to the county court UNDER SECT. 17 OF THE JUDICATURE ACT, 1884, "WHEN THE SUBJECT- MATTER EXCEEDS £2(1, AND CLAI]\[ANT. JUDCnrEXT ENTERED FOR THE Instructions from claimant as him, seized by sheriff under the 1 - If) - l;". 1 I (I. H 1 - - -4 i; ,s (') c. 4 to the goods belonging to a fieri facias against the defendant Drawing notice to the sheriff and copy Or per folio, if exceeding ?> folios Service on the sheriff's officer On receipt of interpleader summons, instructions for affidavit of the claimant ..... Drawing same, ])er folio ...... Engrossing same, per folio ..... Attending claimant to be sworn .... Paid oath Paid filing Copy for plaintiff's solicitor, i^er folio Attending summons when on payment of £3.') to sheriff proceedings remitted to the County Court Attending claimant informing him thereof and obtaining the money to pay the sheriff Attending paying money to the sheriff" and taking his receipt for same ..... Attending sheriff for original order Sittings' fee . Attending to bespeak affidavits filed in High Court to be remitted to Registrar of County Court Attendance at the County Court lodging IMaster's ordei Paid fee (The residue of the costs can be framed from Bill No. 4, with the addition of charges for attendance before Registrar to settle inter- pleader order, and upon sheriff' to obtain money paid to him.) (i 8 C 8 8. COSTS OF EXECUTIOX CREDITOR IX IXTER- PLEADER PROCEEDINGS REMITTED TO THE COUNTY COURT UNDER SECT. 17 OF THE JUDICATURE ACT, 1884, WHERE THE SUBJECT MATTER EXCEEDS £20 AND THE CLAIM IS BARRED. £ s. (I On receipt of notice from sheriff' of claim to goods seized, instructions to oppose same - ('. s Notice to sheriff to interplead, and service . . . - 4 - Perusing affidavit by claimant, per folio . . . . - - 4 Studham v. Stanhridgc, G4 L. J. Q. B. 473 ; 43 W. E. 543. Count !/ Coiiri.'] 7;)] Attending sheriff's interpleadei- summons wlien on payment by claimant of £85 to the Sheriff, proceed- int^-s remitted to the County Court .... ►Sittinii's' fee ........ _ (The residue of the costs can be framed from iJill Xo. \.) € s. (1. - ('. - I .) - COSTS IXGS SECT. OF SlIERIF re:\httki) 17 OF Till-: F ON IXTERPLEADER I'ROCEED- TO THE COCNTY CO CRT CXDER JUDICATURE ACT, 1884. £ il 4 6 8 G 1 - (i — - - 4 8 Having been served with fluim to goods seized under fieri fiicias, notice thereof to plaintiff to know if he admitted same copy and service ...... Instructions to interplead Summons and copy and service on plaintiff's solicitor Paid issuing ....... Copy to file in central office ..... Copy and service on claimant Mileage or agency as on service of a writ . J 'erusing affidavit of claimant, per folio . Attending summons before Master when on payment of £o5 to Sheriff proceedings remitted to the County Court Paid for order Copy and service on claimant Copy and service on plaintiff Sittings fee ....... . Attending trial in County Court obtaining order for costs and dii'ections as to payment of fund in hand Drawing costs and copy for Registrar, per folio. Fair copy for other side, per folio .... Attending filing bill of costs and for appointment to tax X'otice of taxation and service ..... Attending taxing ....... Paid taxing fee ...... . Letters ......... An order is requisite for sheriff to pay over money in Discount Banl'mi) Co. of Englaml v. Lamhcmli, ;34 C. C 244. "When claim barred sheriff entitled to an order for paymenc of his possession money against execution creditor, who has' a right over against unsuccessful claimant ; SmUh v. Darlow, 53 L. J. Ch. GOO. On .judgment for claimant, claimant entitled to recovei- as costs the sheriff's chai'ges for levy and sale: Goodman v. Jllitke, 10 Q. B. D. 77 ; 35 ^X. R. 812 ; 5G L. J. Q. B. 441. - 15 - -15 - - - 8 - - 4 -34 - 4 - - G 8 his hands : Chronicle County Court.'] 792 PLAIXTIFF'S COSTS OF AX ACTION CO:\rMEXCED IX THE COUNTY COURT UXDER ITS EQUITY JURIS- DICTIOX FOR ADMIXISTRATIOX OF THE ESTATE OF A DECEASED PERSON. Column C. Above £50 and under £500. £ s. (I nearest plac-e not exceedinii' of business of 1(» miles, per >ath and attendino- to of same not Letter before action Instructions to sue ....... Preparing particulars of claim and copies Fee to counsel to settle same, if allowed by Judii'e at hearing (Order 50a, Rule C) Attending to enter plaint Paid fee .... Service of plaint Mileage over 2 miles from solicitor serving same, mile Atlidavit of service of summons, file If effected through an agent in addition . If substituted service order, for all costs exceeding Paid fee Perusing special defence or counterclaim . Or pel' folio ...... Notice to produce copy and service . The like to admit ..... Attending producing documents, per hour Attending defendant's solicitor on his signing on the part of the plaintiff . Perusing defendant's notice to admit The like to produce .... Attending inspecting documents, per hour Attending defendant's solicitor on his signing sions . Drawing and copy notice to admit facts . Or per folio ...... Service thereof ..... Perusing defendant's sohcitor's admissions Drawing and copy admission of facts Or per folio beyond o folios Attending signing same .... Summons for directions (charges as in Bill No. Discovery of documents (charges as in Bill No. 2) Interrogatories (charges as in Bill No. 2) 1 Instructions for counsel to advise on evidence, if allowed by Judge under Order r)(»A, Rule (> Tp. 74")) Paid his fee Attending him ..... Subpojiia to witness .... Service thereof ..... Conduct money ..... Affidavit of service if requisite admissions his admis 1 1 - c. Column C. - - i; - (') 8 - 7 - - (5 8 2 4 () - (5 8 - 5 - - 2 1 3 C _ 4 County Court.'] "93 Column C. Above i'50 and un Covnlij Covrt.'] 794 Column C. Above i'SOaud under £500. £ .s. d. Attendiiio- uppoiiitmont on accounts before the Registrar when same adjourned .... Paid Registrar's fee .... Attendance to inspect Registrar's certiticate of result o accounts and inquiries Paid fee ...... J*aid for copy, per iuliu .... Perusing same, per foHo .... Instructions for brief to counsel to oppose notice to vary certificate ....... Drawing same (^wlieii counsel allowed by Judge) Copy documents to accompany, per folio . Attending counsel with brief .... Paid his fee . . . . . Attending Court on motion .... Attending before Registrar on his settling certihcate If evidence taken riru rore at hearing : — Subpoena for witness to attend hearing . Service thereof ..... Paid conduct money .... If evidence by affidavit at hearing : — Instructions for affidavit of A. B. . Drawing and engrossing same, per folio . Attending deponent on his being sworn . Paid oath Attending to hie same .... Paid filing ...... Notice thereof and service by post . Perusing affidavit filed by other side, per folio Paid for same, per folio .... Instructions for brief to counsel on further consideration - (•> - 1:5 - c. 2 4 - (■) - (■» 1 - 1 to Drawing same .....•• Fair copy documents to accompany same, per folio . Fee to counsel and clerk Attending him . . . • • _ ■ Attending to appoint conferejice and attending thereon Paid fee and clerk . . . . • • • Attending Court on hearing when same adjourned (Engaged all day; Refresher fee to counsel Attending him .....-• Attending on adjourned hearing, order made . Perusingorder on farther consideration, per folio Fair copy thereof, per folio Attendance before the Registrar settling same Paid fee The estate being insufficient to pay the creditors in full, drawing certificate as to the proportional part payable to each creditor, per folio Fair copy thereof, per folio - l: la G 2 4 i; 1 - 4 Connhj ('oiirL'\ 1).-) Column C. Above £';V) and under £.)0O. Attendance at the office of the Registrar filing same and bespealving cheques for creditors . Drawing bill of costs, per folio Fair copy, per folio .... Attending for appointment to ta.x . Notice thereof, copy and service Attending taxing ..... Paid fee ...... Letters, etc. ...... - C i; 4 l;J 10 10 11. DEFENDANT'S COSTS OF ACTION COMMENCE 1 A COUNTY COURT FOli A D:\IINISTRATI0N THE ESTATE OF A DECEASED FEIISON. Attending the executor on the various claims against him in respect of the estate of the deceased, and advising that he must have the protection of the Court Instructions to defend on summons being issued Perusing particulars of claim Perusing notice to produce The like to admit Summons for directions, notices, subpoenas (P.ill No. 2). Instructions for case to advise on evidence, if allowed by Judge under Order r)(»A, Rule (p, 74.')) Paid fee to counsel and clerk Atteudino- him ..... Instructions for brief to counsel .... Drawing same, per folio Fair copy thereof, per folio Fair copy documents to accompany, per folio . Fee to counsel ....... Attending him ....... Attending hearing, order made .... Perusing draft order for administration made on hearing per folio ........ Attendance l)efoi'e the liegistrar settling same . Perusing draft advertisement, per folio . . • Attendance before Registrar settling same Attendance before Registrar when defendant directed to bring in and file his accounts .... Instructions for account ...... Drawing and engrossing same, per folio . Instructions for affidavits verifying account and in answer to inquiries ....... Drawing and engrossing same, per folio . Attending deponent to be sworn .... Paid oath and exhibit Copy affidavit and account for plaintiff's solicitor, per folio - (■) - i; ) IN OF i; ,s 4 c. c s 1 - to • > — 1 - - 4 - 4 10 - (■) )S 1 1 - - - 4 - (i IS - - 4 - c ,s - (*. 8 -(18 - - 8 - i; s - 1 - - C 8 - 1' (; - - 4 Co II nil/ Court.'] 7!)G Attending- to file Paid for copy pedigree, per folio Periising same, ])er folio ..... Paid for copy atHdavit verifying same, per folio Perusing same, per folio .... Attending appointment before Registrar im accounts and infjuiries ........ Drawing and fair copy, list of debts and claims, per folio Fair copy for solicitor to plaintiffs, per folio Attending adjudication thereon .... Attending appointment to proceed on claims when cer- tain claimants were directed to be examined on their claims ........ Notice to creditor to prove his claim Service thereof ....... Attendance before Registrar on examination of claimants On receipt of notice that draft certificate ready, attending inspecting same ..... Paid for copy, i)er folio Perusing same, per folio .... Drawing notice of motion to Court to vary Registrar's certificate and copy to file and serve . If exceeding ;"> folios, per folio Instructions for brief .... Drawing brief (when counsel allowed by Judge) Copy documents to accompany, per folio . Attending counsel with brief . Paid his fee ..... . Attending Coui't on motion, when order made Attendance before Registrar settling certificate Instructions for brief to counsel on further consideration Drawing same ...... Fair copy thereof ...... Fair copy documents to accompany same, per folio Fee to counsel ...... Attending him ...... Attending to a|)point conference and attending thereon Paid counsel's fee and clerk .... Attending Court on hearing, when same adjonriied Refresher fee to counsel ..... Attending him ...... Attending adjourned hearing, order made Perusing order on further consideration, per folio Fair copy thereof, per folio .... Attending before Registrar settling same . ])rawing bill of costs and copy for Registrar, per fo Copy for the other side, per folio Attending obtaining appointment to tax . Notice thereof, copy and service Attending taxing costs ..... ]'aid taxing fee ..... . Letters, etc. ....... £ X. il - • > 4 - - 4 - - 4 - - 4 - - 4 - c ,S - - S - - 4 - IJ H -(18 - .") — - -2 (; - ];; 4 - c -s - - 4 - - 4 - (') - - 1 - - C S - 1:5 4 - - 4 - C H 2 4 ('. - 10 - - (*) 8 1 1 - to h h — - ];) 4 - i; s - - 4 ;5 .") (■> - i; s - ];; 4 •2 4 i; - c. s 1 J - - - 4 - - 4 - C 8 - - 8 - - 4 - (i 8 - 4 - - i;; 4 - 10 - - 10 - Covniij Coini.'] "'••7 V>. COSTS OF EXECUTOR OR ADMIXISTRATOIi OX PAY- MENT IXTo COURT CXDHIi SECT. 7<», COTXTV CO I' UTS ACT, 1888. Above £50. Attending tlic executoi' advisinf? that his pi-oper course was to pay the balance in liis hands into Court Instructions f'oi" affidavit ..... Di-awiiiij^ and en<>-i-ossin«i' same, per tuliu . AVritinj^; to executor with appointment to sweai' same Attending- on his deposini;- to same .... Paid oath Attendino- befoi-e the Rey-istrar filing- affidavit, producintr pi'obate, and oljtaiiiing authoi'ity to pay balance into Post Office Savings Bank ...... AVriting to executor for amount to be paid in . Attending at I'ost Office ^>aying in same . . . . Attending Registrai- obtaining recei])t and tiling Post Office Savings Bank, under sect. 70, County Courts Act, 18S8 Drawing ])ill ot costs and copy, per folio . Attending for appointment to tax . Attending taxing ..... Paid fee ...... Letters, etc. ...... £ .s. (L - c - c. - »; - c. - 1 c. COUNTY COURT.— ADMIRALTY JURISDICTION. THE COUNTY COURT RULES, 1892. D-VTKD 5th February, 1.sdi>. ORDER 39b.— ADMIRALTY ACTIOXS. Costs, 1 4:i. The costs of all necessary coi-i'espondence in Admiralty Order 39b. actions shall be allowed by the Registrar. I^ule 78. 144. When it becomes necessary to employ a solicitor to act as Rule 79. agent out of the jurisdiction of the Court for the purpose of obtain- ing the evidence of witnesses attending the trial of an action, a reference before the Registrar, taxation of costs, or for any other necessary purpose, the costs of such agent and of instructing him shall be allowed by the Registrar. 14."). In Admiralty actions where the amount recovered does not Rule SO. exceed £:.^n the costs shall be allowed uiidcr Column C unless the Judge shall otherwise order. (The numbers 14:5, 1 14 and 14") are those of the Countv Court Rules, 181)2.) Coanii/ Coiiil.'j 798 ]. I'LAIXTIFF'S COSTS. ACTION FOR DAMAGES BY COLLISIOX. IIKJHER SCALE, WHEN OVER £50 RECOVKUHD (COLUJrX C). L\ TlIK COUNTY COURT. Ad.miual'it Juhisdictiox. No. . Uktwkhx a. 15. and C. D., I'laiiitilis. AND The < )\vncis of fho " ," Defendants. Plaintiffs' Costs-to be taxed iuul paid by the Defendants pui'suanfc tu 1 )ecree dated ,18;)."). Hit,'her Scale Aijiount re- covered over .£50. £ .V. >l. is'.i.'). Letter before action . . . . . . - .; (I Insti'uctioiis to sue . . . . . . . . - I ;i 4 Attendance in the reiristry, institiitinti' proceedings . . - (I 8 "Writing defendants' solicitor to serve us with cojty pnccipe of ai)pearance in accordance with the Rules . - '^ (> Pei'using interrogatories administered by defendants . - (I 8 Paid foi' copy depositions . . . . . . The like ])ilot's report ]*ei'nsing note of ]>aynient into Court of £200 in lieu of bail - ;> 4 Instructions foi' interrogatories for the defendants' exami- nation . . . . . . . . .-('18 Di'awiug same and engrossing (folios 12) . . . . - 12 Notice of application for leave to administei' same . . - o - Attending in the registry, filing and obtaining appoint- ment to attend thereon . . . . . . - :> 4 Filing notice - 1 - Serving notice on defendants' solicitor . . . . - 2 (I Attending before the Registrar supporting application when order made. . . . . . . . -- ^') i^ Paid deposit J*aid filing interrogatoiies - 1 - Paid for oixler and receijjt -(')(> Order and 8 fail' cojjies . . . . . . . - ;5 - Cf»py interrogatories for defendants' solicitor . . . - 4 - The like receipt for deposit for service . . . . - 1 - Service of copies of interrogatories, oi'der, and receipt on defendants' solicitor - 2 (> Notice of application for discovery ol" the defendants' documents . . . . . • • • . - 1 ('» Attending in the registry, filinu' and ]>aying deposit . . - ;-i 4 Paid Attending befoi'c the Registrar supporting apjilication wlK'ii order made . . . . . . . . - (! 8 HiKher Scale. Auiount re- covered over iT/J. j: .s. t'l __ (•) K - c. S - 1(1 - - c. s - 1 i; To///?/// To/o-/.] 799 Ordei' and ;! fair copies ...... J*aid for order and receipt ..... Copy receijit for deposit for service .... Service of copies of order and receipt on defendants' solicitor Attendinii' defendants' solicitor obtainiiiii- ii consent for 1 week's further time to file affidavit of discovery Instructions for ])laintitrs affidavit of discovery Drawing- same and engrossing ..... Attending deponent I'eading over, and on liis bein',;' swoi'n thei'eto ........ Paid oath Attending defendants' solicitor obtaining consent for 1 week's further time to file affidavit in answer to interrogatories . . . . . . . . - C Instructions for affidavit in answer to defendants' inter- rogatories ......... Drawing same and engrossing (folios 10) . Attending de]ionent reading over, and with him to be sworn .......... Paid oath ......... Copy affidavit for defendants' solicitor .... Notice to defendants' solicitor that we were prepared to exchange affidavits when he was ready to do so, and service Perusing defendants' further interrogatories "Writing defendants' solicitor acknowledging same, point- ing out that we had some time since given him notice when we were ready to exchange answers, and that in the circumstances we feared we could not ])ut the plaintitl's to this extra expense ..... "Writing defendants' solicitor in reply that in the cir- cumstances the costs to be plaintiffs' in any event, we would waive our right to object to further inter- rogatories, and put the answers in hand at once . Instructions for affidavit in answer to farther inter- rogatories ......... Drawing same and engrossing (folios II) .... Attending deponent on his being sworn thereto Paid oath ......... Notice to defendants' solicitor that we were prepared to exchange copy affidavits in answer to interrogatories, copy and service . . . . . . . . - 4 - Attending exchanging copies affidavits of documents . - •> -4 Perusing defendants' affidavit of discovery . . . - 4 - Demand for an appointment to inspect the documents disclosed therein, copy and service . . . . - 4 - Attending defendants' solicitor exchanging copy affidavits in answer to the respective interrogatories . . . - ;5 4 I'erusing defendants' answer to plaintiffs' interroga- tories . . . . . . . . . .-34 Attending in the registry filing affidavits in answer to interrogatories and of discovery . . . . . - ti 8 i; S - (') s ] (; b 4 4 C 8 C S (■> S 1 (; Conniij CovrL'\ 800 Higher Scale. Amount re- covered over ,£;50. ' solicitor ins)iectin<>- documeuts those re(|uired, copy ;md service l*aid fee . AtteiKlin 4 The like jiiaintilfs' notices to i)roduco, inspect, and admit . - 4 - The like of defendant's notices - 4 - Attending counsel with brief and papers . . . . - C. H Paid his fee and clerk . . . . . . .')]()- Attending appointing conference and attending- thereon . - 1;! 4 Paid conference fee and clerk . . . . . .]."»- Attending defendant's solicitor to know if he was prepared to exchange admissions on de])Ositions to save expense of pi-odncing originals, when he promised to let ns know within an hour ........ Not having heard from defendant's solicitor as promised, writing him thereon and for his immediate attention .-;](> Attending the defendant's solicitor on his admitting our copy of the depositions of the master of the " ," ship, to save the expense of producing the original . . - G 8 The like attendance giving him a similar admission as to copy dejiositions of the master of the " ," ship . - (! 8 Attending Court with counsel, when, after hearing witnesses on both sides, judgment was entered for the plaintiffs .22- Paid hearing fee . . . . . . . . 2 - - Attending settling with the witnesses . . . .-08 Attending in the registry bespeaking decree . . . - :5 4 Attendinu' for and obtained decree . . . . .-(18 Paid ! - If) - Copy to serve - 2 - Service thereof on defendant's solicitor . . . . - 2 (! "Writing defendant's solicitor that we would in due course forward him particulars of the plaintiffs' claim, and thus give him an opportunity of trying to agree the figures without the expense of a reference . . . - ''> (» Instructions for particulars of the plaintiff's' claim . . - <; 8 Preparing particulars thereof (2 fair copies) . . .11- Attending to deliver copy pai-ticulars to defendant's solicitor - o 4 Fair copy vouchers in support of plaintiff's' claim for the defendant's solicitor . . . . . . . - 4 - Service thereof ui)on him . . . . . . - 2 (! Copy vouchers to keep . . . . • • . - 4 - On receipt of letter from defendant's solicitor offering £'.).") in settlement of plaintiff's' claim, attending the plaintiff's conferring thereon and receiving instructions to accept 100 guineas in settlement . . . . • . - (! 8 Attending defendant's solicitor informing him thereof, going fully into the particulars delivered with vouchers, and he made a counter-off'er of £loo, and arranging to see the plaintiffs thereon . . . . • .-08 Attending them accordingly, but they were not disposed to accei)t this amount, and we were to so inform the defendant's solicitor . . . . • • .-68 .I.e. 'J f County Court.'] . DEFEXDAXT'S ro.STS— ACTlOX FOli DAMAGES BY COLLTSIOX— HiaHER SCALE, WIIEPtE :\I0JIE TIIAX ,£;j(> PtECoVKRED (COLT^:\rX C). IX THE COUNTY COURT, etc. Higher Scale. £ .S. (f. IH'.),"). IiistrucLions to defend . . . . . . - l:! 4 AtteiidiiiL;" the jilaiiitiU's' solicitors giving them a consent to the County Court having jurisdiction . . - C S Attending tlie plaintiffs' solicitors giving them an under- taking to appear and put in bail if called u]nm to do so - (! H Preparing praecipe to enter api)eai'ancc . . . . - 1 (» Attending in the registry therewith. . . . . - C H X^otice thereof, copy and service . . . . . - 4 - Notice of application for discovery of the i)laintiffs' documents - 1 «» Attending in the registiy tiling same and paying deposit - o 4 Paid '...'. Attending befoi'c the Registrar sup[)orting application when order made . . . . . . . - C 8 Paid for order and receipt - C (; Oi'der and ;) fair co])ies . . . . . . . - ;) - Coi)y receipt for dei)osit to serve . . . . . - 1 - Service thereof, with coiiy order, on plaintiff's' solicitors . Instructions for interrogatories for i)laintiffs' examination Di'awing same and engrossing (folios l;')) . Notice of api)lication for leave to administer interroga- tories and fair copy ....... Attending in the registry tiling same and obtaining a|)iK)intment to attend thereon . . . . . - ;-> 4 Filing . . . . . . . . . .-1- Service thereof ou plaintiffs' solicitors . . . . - 2 (5 Attending ))eforc the Registrar supporting application when order made . . . . . , .-(18 I'aid deposit ......... Paid filing - 1 - Paid for order and receipt . . . . . . - (I (5 Order and 3 fair copies . . . . . . . - 8 - Copy interrogatories for plaintiffs' solicitors . . .-44 The like receipt for deposit - 1 - Service of copy interrogatories, order, and receipt on plaintiffs' solicitors . . . . . . . - 2 (J Attending in the registiy searching if plaintiffs' affidavit of discovery filed, but we found it was not . . . - (J 8 Attending plaintiff's' solicitors giving them a consent for 10 days' further time to file affidavit of documents .-08 Perusing plaintifi's' intei'rogatories . . . . - (I 8 Attending in the registry searching if ]ilaintiff"s' answers to interrogatories had yet been filed, but we found not . - tl 8 Attending plaintitls' solicitors obtaining a consent for 7 days' further time to file affidavit in answer to in- terrogatories . . . . . . . . - () 8 •> F 2 Coiinty Cotni.'] 804 Higher Scale. £ s. d. i; 8 14 - 8 1 (; 4 s - 1 Attending adverse solicitors giving them a consent for 7 days' further time to file an affidavit in answer to defen- dants' interrogatories . . . . . . . - (; 8 "Writing the defendants informing them of the day of hearing . . . . . . . . .-;)(; Instructions for affidavit in answer to [)laiutiifs' interroga- tories .......... Drawing and engrossing same (folios 14) .... Attending deponent reading over same, and on his being sworn thereto ........ Paid oath Copy affidavit for plaintiffs' solicitoi's .... Notice to plaintiffs' solicitors that we were prepared to exchange copies answers to interrogatories, copy and service . . . . . . . . .-4- Attending plaintiffs' solicitors giving them a consent to all day JMonday next to file affidavit in answer to defen- dants' interrogatories ...... Prejmring pra3cipe to issue subpoenas Paid filing ........ Paid for subpoenas Attending plaintiflFs' solicitors exchanging affidavit of documents ........ Perusing plaintiffs' affidavit of discovery . Demand for an appointment to inspect the documents dis closed therein, copy and service .... Attending inspecting documents accordingly . Demand for copies of those required, copy and service Paid \ . . Attending jilaintiffs' solicitors exchanging copy affidavits in answer to the res]iective interrogatories Pei'using plaintiffs' affidavit in answer to defendant'i interrogatories ....... Drawing and fair copy notice of ap])lication to the Judg( for directions as to the trial Attending in the registry filing and obtaining an appoint ment to attend thereon ..... Paid filing ........ Notice thereof, copy and service .... Attending Court on the motion pointing out to the Judge there were o cases before this action to be tried on that day, but ])laintitfs' solicitors objected to adjournment, and the learned Judge thereupon stated he could not assent, although he considered it unlikely that the case would be reached . . . . . . . . .-15 Notice to the plaintiffs' solicitors with an appointment when they could inspect the defendant's documents, coj^y and service - 4 Attending giving them inspection accordingly . . . - ('> Attending in the registry filing affidavit in answer to the plaintiffs' interrogatories . . . . • . - :! Pa-d . . ' . . - 1 Summons to witness E. F. and attending sealing same . - 5 The like witness G. H - o - \-l - 4 - 4 - 8 4 - '2 4 Counfy Covii.'] 805 Ao'ent's charges for service upon them at Faversham , Agency correspondence ....... Attending- 5 witnesses arranging i'or their attendance at the trial of this action without the expense of issuing subpoenas ....... Notice to produce The like to inspect Service ........ Attending adverse solicitors affording them an inspection of documents thereunder .... Paid for charts ...... Instructions for brief ..... Drawing same (folios 128) .... Fair copy ....... Copy correspondence to accompany, also of interrogatories, extract from masters' log, the reports of the masters, extract from official log of the " ," also notices to produce and admit, at per folio .... Attending counsel with brief ...... Paid his fee and clerk ....... Attending to appoint conference and thereon . Paid conference fee and clerk ...... Attending Court with counsel (engaged nearly all day, but case not reached and adjourned generally) . Attending to settle with the witnesses .... Attending Court on plaintiffs' motion to fix a day for the hearing, when the Judge appointed the following Monday, with an order for plaintiffs to be at liberty to examine the witnesses they were detaining either before an examiner or the Registrar ..... "Writing the defendants informing them thereof Refresher fee to counsel and clerk ..... Attending him ........ Attending Court with counsel (cause heard and judgment given for defendants with costs) . . . . . Attending settling with witnesses and taking their receipts Attending in the registry to bespeak decree Attending for and obtained decree ..... Paid Copy for service Service on ijlaintiflTs' solicitors ...... Attending in the registry bespeaking and afterwards for and obtained the amount of our deposits out of Court Drawing costs and foir copy, per folio Attending for appointment to tax . Xotice thereof, coi)y and service Attending taxing ...... Paid fee . Attending the plaintiff's' solicitors giving them a consent to their receiving out of Court the amount of their deposits Letters, &c Paid witnesses — as per scale .... £ er Scale, •s. d. ];; 7 7 k; 8 5 - f) — 2 C 8 7 <; 8 - 2 8 10 18 1 - G 8 1 - 8 (> 4 () C. 8 2 _ i; 8 ;} 4 6 8 !."> - 2 _ 2 G G 8 1 - G 8 4 - 1 :5 4 7 - 6 8 10 - Lower Scale. £ s. d. - o C - c. s Coimty Court. "] 806 3. PLAINTIFF'S COSTS— ACTIOX FOR DAMAGES BY coLLisiox— LOWER SCALE (coLr:\rx B). L\ THE • COL'XTY COURT, &c. IS'JG. Letter before action Instructions to sue Attendini:- in the registry instituting action Paid fee . • Attending defendant's solicitors with summons and obtain- ing their undertaking to appear in due course . . - G 8 Writing defendant's solicitors asking them to serve us with copy praecipe of appearance in accordance with the practice of the Court - 1 (; Instructions for interrogatories for defendant's examination - G 8 Drawing and engrossing same (folios 7) . . . . - 7 - Drawing and fair copy notice of application for leave to 'administer same • ~ ^ ~ Attending in the registry filing notice and interrogatories and obtaining appointment to attend thereon . . - o 4 Paid filing notice - 1 - Paid fih'ng interrogatories - 1 - Fair copy interrogatories for service . . . . - :^ 4 Service of interrogatories and notice on defendant's solicitor - 2 ('> Preparing particulars of plaintiti"s claim and iM'air copies . - 12 - Attending in the registry filing particulars of claim . . - o 4 Paid filing • ~ ^ ~ Attending before Registrar supporting application for in- terrogatories when order made - G 8 Paid fur order and receipt . . . . • . - G 6 Drawing order and ;] fair copies - 3 - Copy receipt for deposit for service - 1 - Service of copies of order and receipt on defendant's sohcitors • • """^ Preparing precipe to set cause down for trial . . . - 1 G Attending in the registry filing same and appointing a day for trial - o 4 Paid fihng • .-1- Paid for notices of hearing . . . . • . - 3 - Writing informing the jjlaintiff of day of hearing . . - 3 G Attending defendant's solicitors giving them a consent for 5 days' further time to file affidavit in answer to plaintiff's interrogatories - 3 4 Notice of appHcation for discovery of the defendant's documents . . . . . • • ■ . ' ~ ^ ^' Attending in the registry fihng and obtaining an appoint- ment to attend thereon - 3 4 Attending before Registi'ar supporting application when order made . . . . . • • • '"^"t Paid for order and receipt . . . . » . - (i G Coioity C'ov.rl.'] 807 Lower Scale. Drawing- order and ;-! fair copies .... Copy receipt for deposit for service .... Service of copies of order and receipt ou the defendant's solicitor ........ Preparing prEecipe for the issue of subpoenas . Paid fliinu- ........ ]*aid for subpoenas ....... ►Summons to witness E. P. and attending seahng same Service thereof upon him at Faversham and mileage Summons to witness G. H. and attending sealing same Service upon him at Xorthfleet and mileage Defendant's time to lile affidavit in answer to interroga- tories having expired, attending in the registry search- ing, but aitidavit liad not been lodged . . . . Writing defendaufs solicitors thereon and asking to receive same Perusing defendant's affidavit in answer to the plaintiff's interrogatories, per folio ...... "Writing delendant's solicitors acknowledging their letter and asking them to forward us copy of defendant's affi(hn'it of documents, as provided for in rules Perusing defendant's affidavit of discovery, per folio . "Writing defendant's solicitors with an appointment when we purposed attending at their offices to inspect the documents disclosed in affidavit of discovery, copy and service Attending accordingly at defendant's solicitors' inspecting documents ........ Preparing prajcipe for further subpoenas . Paid filing ........ Paid for subpoenas ....... Paid for copy documents ..... Summons to additional witness and attending seahng same Service ......... In addition, mileage ...... Attending witness X. Y. arranging for his attendance on the trial without the expense of issuing a subpoena Notice to produce, copy and service Instructions for Ijrief ...... Drawing same, per folio ...... Fair copy thereof and of requisite documents to accompany same, per folio ....... Fee to counsel and cleric ...... Attending him ....... Attending appointing conference and attending same Paid conference fee and clerk ..... Attending Court when judgment given for plaiutitf, with costs to be taxed Paid hearing fee ...... . Attending in the registry bespeaking decree Attendinu' in the reo-istry for and obtained decree Paid ; . Copy to keep Service of original on defendant's solicitors £ (I. - 1 - •1 <; J c 1 - - (; 8 1 G 1 - (; - 1 s h — •1 (5 3 4 () G 1 G 1 - _ 4 5 G 3 4 C 8 1 G - 1 1 - - ;J 4 -34 - 10 - County Court.'] 808 Lower Scale. s. ,1. "Writing defendant's solicitors in reply, we did not think it necessary to send further particulai's, as same would l^e found in letter, of which we sent a copy Attending defendant's solicitors on claim conferring, and they made us an offer which we were to submit to plaintiff and let them know result . . . . Attending plaintiff" submitting offer accordingly and re- ceiving instructions to agree to amount ottered Drawing and fair copy consent agreeing damages Attending defendant's solicitors on their signing same Attending in the registry filing same Paid liling ....... Attending for and obtaining llegistrar's certificate Paid for same .....•• Copy for service ...... Service thereof on defendanfs solicitors . Drawing costs and fair copies, at per folio Attending lodging bill and obtaining appointment to tax Paid taxing fee ..... • Notice to tax, copy and service Attending taxing ...... Attending defendant's solicitors on their handing us a cheque for amount of agreed damages and costs and giving them a receipt in discharge Attending in the registry bespeaking and afterwards for and obtained the amount of our deposits thereon Letters Witnesses as per scale ..... 3 4 8 •i - 3 4 3 4 1 - 2 G 1 - 3 4 5 — 4 - t; 8 () 8 5 - 4. DEFEND AXTS' COSTS— ACTION FOE DAMAGES BY COLLISION— LOWER SCALE (COLUMN B). IN THE COUNTY COURT, &c'. Low 1896. Instructions to defend Attending the plaintiff's solicitors on their handing us summons and giving them our undertaking to appear thereto in due course ...... Preparing praecipe to enter appearance . Attending in the registry filing . . . . Paid tiling . . . . . ' . Notice thereof, copy and service .... Writing informing defendants of day of hearing Demand on plaintiff''s solicitors to know if the repairs to the " ■' had been effected and bespeaking further particulars of plaintiff's claim, in accordance with Order G, Rule 8, copy and service Preparing ^jrascipe to issue subpoenas Paid filing ........ Paid for subpoenas ....... Summons to witness E. F. and attending sealing same ev Scale. S. ll. G 8 Countij Court.'] 800 Service thereof ....... Mileage in addition ...... Attend ing ;> witnesses arranging tor their attendance on the trial without expenses of subpoenas Notice to produce ....... The 'like to inspect and admit, cojjy and service Perusing ])laintitt"s notice to produce The like to inspect and admit Instructions for brief ...... Drawing same, per folio ...... Fair copy thereof and of requisite documents to accompany same, i)er folio Fee to counsel, with brief and clerk .... Attending him ....... Attending appointing conference and attending thereon Fee to counsel and clerk ...... Attending Court with counsel, when judgment given fu defendant, with costs ...... Attending in the registry besi)eaking decree Attending in the registry for and obtained decree . Paid for same ....... Copy for use ........ Service of original decree on plaintiff's solicitors Drawing costs and fair copies, per folio . Attending lodging bill and for appointment to tax . Notice of taxing, copy and service .... Attending taxing ....... Paid fee Attending plaintiff's solicitors on their handing us amount of taxed costs and giving receipt Letters, &c. ........ Witnesses as per scale ...... Lower Scale. £ s. d. - 2 (; - 1 (> - 10 - - 4 - - i; - .") — - ."» - 1 11 - 1 - - - 4 •d 5 (•> -34 - () 8 1 - 1 1 :\ 4 ?> 4 - -> - i) - 1 - h 4 4 - i; 8 5. PLAINTIFF'S COSTS— ACTION FOR SALVAGE— HIGHER SCALE (COLUMN C). IN THE COUNTY COURT. No. Admiralty Divisiox. Between A. B. and others, Plaintiffs, AND The Owners of the Ship or Vessel , The Owners of her cargo and freight, Defendants. Plaintiffs' Costs to be taxed and paid by the defendants pursuant to decree dated the day of , 1889. Higher Scale. £ S. (/. Letter before action - ;> G Instructions to sue . . . . . . .-134 Attending in the registry instituting the action . . - G 8 Paid 1 1 - 1 (1 (■) 8 1 - a — Covnttj Court.'] 810 Hif,'hcr Scale. t .V. ll. Attending defendants' solicitors servins; them with sum- mons, and t'ortiieirnndertakincf to appear, iiive bail, and prove vahies, when they pi'omised to send same on to us - (; 8 Perusiuu' and considi'iiuu- defendants' pra3cipe of appear- ance - ;^) 4 Attending defendants' solicitors therewith, ])ointing ont that, notwithstanding their undertaking, they had only appeared for the ship, and we reiiuired them to amend their appearance by adding cargo and freight, and left same for that purpose ....... The like attendance, but we were uiuible to obtain tlie appearance amended ....... The like attendance and result ..... The like attendance on defendants' solicitors, when they stated they were in comnnuiicatioii with their clienfes thereon, and would write us directly they received instructions . . . . . . . . - 1;5 4 Xotice of ap])licatiou to set cause down for hearing and copy Attending in the registry filing same and paying fee Paid filing ......... Paid for notices of hearing ...... Xotice of application for discovery of defendants' docu- ments and copy . . . . . . . . - ?> - Attending in the registry filing same and paying deposit - (! 8 J'aid deposit ......... Attending before Eegistrar supporting application when order made . . . . . . . . - G S Paid for order . . . . . . . . - 4 - Drawing oi'der and ?> copies . . . . . . - 5 - Paid for receipt . . - 2 (> Copy thereof for service . . . . . . - 1 - Service of copy order and receipt on defendants' solicitors - 2 (i Paid Marine Department Board of Trade, Wliitehall, for copy depositions -17- Notice to the plaintiffs of day of hearing, copy and service - o - Not having heard from defendants' solicitors relative to amending their appearance as promised, notice request- ing them to do so, and also to state whether they were pi'cpared to give bail, copy and service . . . - 3 - Instructions for interrogatories for defendants' examination - G 8 ])rawing and engrossing same (folios 8) . . . . - 8 - Notice of application for leave to administer same, copy and service on defendants' solicitors . . . . . - 8 - Attending in the registry filing same and obtaining appoint- ment to attend thereon . . . . . . - G S Paid filing -1- Attending before the Registrar supporting application when order made . . . . . . . - G 8 Paid deposit ......... ]'ai(l filing interrogatories . . . . . . - 1 - ]'a id for order . . . . . . . . - 4 - Drawing order and o copies . . . . . . - 5 - Paid for receipt - 2 6 Co/ml// C'oi/rL] 811 Higher Scale £ .S-. i/. Copy iiitcrro.Gfatories for service on defendants' solicitors - 2 h The like receipt for deposit . , . . . . _ i _ S(;rvice of copies of interroffatories, oidei-, and receipt upon defendants' solicitors . . . . . . - i^ C Defendants' time to file aflidavit of documents liiivin.n- expired, and not being served with copy, attending in the registry searching, but we iound the order had not been complied with - o 4 Notice to defendants' solicitors of their default and asking them to submit value as pi'omised or to prove same, copy and service . . . . . . . \ _ 3 _ Attending defendants' solicitors gi\iiig them a consent for 4 days' further time to lile atlidavit of documents .-OS Perusing notice of proposed sureties . . . .-34 Attending making incpiiries with regard thereto . . - 1:5 4 The defendants" solicitors having oidy found £100 as bail herein, our action being instituted for £S00, attending informing them that we consented to their- sureties conditionally on the bond being increased to £200, and signing consent . . . . . . . . - C. S Defendants' solicitors having written stating they had now been instructed to appear for the cargo owners, and that they had amended appearance accordingly, attend- ing in the registry searching if this were so, but we found appearance had not been amended . . . - ;} 4 Further attendance in the registry, searching if appearance yet corrected, and found it had now been amended, and taking a note thereof . . . . . .-08 Attending defendants' solicitors giving them a consent for 2 days' further time to answer plaintitts' interrogatoi'ies - ('> 8 Preparing pra3cipe for the issue of 4 subpoenas . . - 1 (! Paid filing . . . . . . . . . - ] - Hummons to witness E. F. and attending sealing same .-.">- Paid issuing . . . . . . . . . - ;> - Service thereof upon him at Greenwich and mileage. . - (! - Similar charges for the other witnesses .... Attending the witness X. Y. arranging for his attendance at Coui't without the expense of a subpoena . . . - I! 8 Attending defendants' solicitors to know if they would admit the copy depositions of the master and mate of the " " for all purposes for which the originals might be used to save expense of obtaining an official from AVhitehall, when they admitted copy depositions accordingly . . . . . . . .-08 Defendants' solicitors having stated they had now com- pleted bail, attending in the registry searching if this were so, and found all was now in order . . .-(18 Perusing defendants' aflidavit of discovery (folios 0) . - _ - Demand for a])pointment to inspect the documents men- tioned therein, copy and service . . . . . - ;! - Attending by appointment inspecting defendants' docu- ments . . . . . . . . .-08 Perusing defendants' answers to plaintiffs' interrogatories (folios 10) - 3 4 County Court.'] 812 Hi^lier Scale. Xotice to pi'uiluce and copy ...... The like to inspect and admit, copy and service Defendants' solicitors having- submitted the value of the shij) and caro-o, attending the iilaintitl's informing them thereof, conferring, and receiving instructions to agree thei-eto Drawing and fair copy consent agreeing- values and attending- defendants' solicitors therewith . Perusing defendants' notice to produce . Instructions for brief ...... Drawing same (folios 1 10) ..... Fair co])y for counsel Fair cojty necessary documents to accompany, same including depositions of the master and mate of the " ^," of the chief officer and pilot of the " ," and extract from the log-book, per folio Attending counsel with brief ..... Paid his fee and clej-k ...... Attending to appoint conference and attending thereon Paid conference fee and clerk ..... Attending Court with counsel, when the Judge gave a verdict in the plaintiffs' favour and taxed costs . Paid hearing fees ....... Attending settling with the witnesses Attending in the registry bes])eaking decree . Attending for and obtaining decree .... Paid for same ........ Copy thereof for service ...... Service thereof on defendants' solicitors . Attendance in the registry bespeaking and afterwards for and obtaining amount of plaintitf's deposits out of Court ......... Drawing costs and fair copies (folios 80) . Attending lodging bill and obtaining appointment to tax Xotice thereof, copy and service .... Attending taxing ....... Paid taxing fee ....•• • Letters, &c. ........ Witnesses as per scale . - c 8 . - (» 8 i) i) . .j 1<» _ . 1 k; S (i 10 1:5 i; i; 8 (1 8 i; 8 - C. 8 1 10 - - C. 8 - 4 - 10 G. DEFENDANT'S COSTS— ACTION FOR SALVAGE- HIGHER SCALE (COLUMN C). IN THE COUNTY COURT, &c. P)F,TWKKN A. B. and Another, Highei' Scale. £ .s. il. - l;5 4 189G. Instructions to defend . . . . . . - l;5 Attending plaintiffs' solicitors giving them an undertaking to appear - G Coimhj Court.'] Wi Havin<;' received a letter from plaiiitifTs' solicitors askiii*^ for information as to the names of the owners of the caru'O laden in the harges, attendini;- the defendant thereon, conferrinii' and receiving instructions Preparing praecipe to enter appearance and fair copy Attendance in the registry lodging same . Paid . . .'.'.". Xotice thereof, copy and service Drawing and fair copy notice of application to the Court to stay fi of the actions pending the trial of this action ......... Attending in the registry therewith and obtaining an appointment to attend thereon ..... Paid Copy and service of notice on plaintiffs' solicitor Drawing undertaking to be bound by the result of the one action to be tried and fair copy .... Attending the defendant obtaining his signature thereto . Attending in the registry filing same .... Paid . . '. . ^ Attending application before the Judge supporting same, when an order was mnde staying all the actions except the first one ....... Paid for order to stay Copy and service on plaintiffs' solicitors . Drawing praecipe for payment into Court . Attending in the registry paying amount into Cnnvt Copy receipt for Registrar ..... Paid filing ........ Copy receipt for plaintiffs' solicitors .... Service of copy praecipe, with receipt, on plaintiffs' solicitor "Writing the plaintiffs' solicitors we would file affidavit as to the value of the " ," but that, having regai-d to the order made, it would be unnecessary to prove the value of the other barges .... Instructions for affidavit of value . Drawing same and engrossing .... Attending deponent reading over same and on his bein; sworn thereto ...... Paid oath Attendinu' in the registry filinu' same Paid . ....... Copy affidavit for plaintiffs' solicitors Writing informing the defendant of day of hearing Preparing pra3cipe to issue subpoenas and fair co]\v Paid filing ....... Paid for subprcnas ...... Summons to witness Ct. H. and attending scaling same Service thereof on him at East Greenwicli and mileage Similar charges for the other witnesses Attending witness X. Y. arranging for his attendance on the hearing without the expense of issuing subpoena Instructions for brief Drawing same, per folio Hislier Scale. £ s. d. - f; - 1 - c - 1 - c - i; 1 8 4 (; i; s •» 4 . 1 ] - . - 4 - . - 4 i; . - 1 (> . - (■> « . - 1 - . - 1 - . - 1 - ■;-■■* r. o (5 (5 S C 8 8 1 (; t) 4 1 - 1 8 1 1 (5 12 - — ;) — C 8 1 - Couniij Court.'] 814 Fair copy thereof and of necessary documents to accom pany same, at per folio ..... Fee to counsel, with hrief and clerk .... Attending' him ....... Attendini:' appointing- cunlerence and attending- thereon raid fee Attending Court with counsel when action heard, and in the result the Judge held that the amount paid into Court was sufficient and gave judgment in defendant's favour, with costs. On application by the i)laintilfs that a decision be given with regard to the other actions which had been stayed, the Judge directed that no ste])S should be taken thereon until after the costs had been taxed Attending settling with the witnesses Attending for and obtaining decree . Paid for same Copy for service ....... Service thereof on plaintilfs' solicitors Drawing and fair copy prgecipe bespeaking money out of Court ......... Attending registry and bespeaking che(iue Paid filing ........ Paid ]>oundage ....... Attentling in the I'egistry for and obtained money out of Court ......... Drawing bill of costs and fair copies (folios -2^\) Attending lodging bill and obtaining appointment to ta Paid fee ........ Xotice of taxation, copy and service Attending taxing Letters, &c Paid witnesses as per scale Hif,'hei- Scftle. £ N. (1. _ _ 4 •") 1(» - . 1 i; i;; s 4 - i; 8 - c, s - ](» - _ •> _ 1 <; 1 - - 4 - i;', 10 - XYII. COSTS IN THE MAYOE'S COURT, LONDON. THE MAYOK'S COURT EULES, 1892 (AS TO COSTS). ORDER i>, RULE 7. 7. The Court or a Jud^^e may decide all questions of costs as between a third party and the other parties to the action, and may order any one or more to pay the costs of any other or others, or give such direction as to costs as the justice of the case may require. ORDER 3. Rules 7, 8, and !). 7. The plaintiff, when payment into Court is made before deliv^ery of defence, may within four days after the receipt of notice of such payment, or when such payment is first signified in a defence, may before reply accept in satisfaction of the claim or cause of action in respect of which such payment has been made the sum so paid in, in which case he shall give notice to the defendant in the form Xo. ;> in Appendix A, and shall be at liberty, in case the entire claim or cause of action is thereby satisfied, to tax his costs after the expira- tion of four days from the service of such notice, unless the Court or a Judge shall otherwise order, and, in case of non-payment of the costs within forty-eight hours after such taxation, to sign judgment for his costs so taxed. . (Signed) Halsbury, C. Coleridge, L. C. J. EsiiER, M. R. Xath. Lindley, L. J. Edw. Fry, L. J. Mai/oi's Coi/ii.j 811) SCHEDULE A. TABU-: OF FEES. Under £10. ■^\^ ^nd £20 and under £>0. above. , ^ . . , . , £ .S. ./. £ ... ,/. £ s. ,1. 1. On issuiug a i)lamt for com- mencement of action . . - 4 - _ 4 (; _ - _ 2. Issuing writ of ejectment, o.s. :5. On issuing a duplicate action - - C - _ <; _ j _ 4, Order for service out of jurisdiction, including swear- ing and tiling affidavit . .-1- -i_ _ 2 - ."1. Filing affidavit for substi- tuted service of ])laint, including swearing . . - 1 - _ 1 _ (I. Order . . . . .-l--i-_2- 7. Filing every atlidavit, except as above mentioned . .-]_ _j_ _j_ 5. Swearing affidavit where not filed -]--]--l_ 1). On orders for time to declare, plead, reply, for particulars of demand or set-off or counterclaim for discovery of documents or interrogatories, or for any other purpose except otherwise set out .-]- -i_ _2- 10. Orders for attachment of debts -l--]-_2- 1 1 . Orders of reference to arbi- tration . . . .-l--'i--2- 12. On every reference, inquiry, examination, or other special matter referred to the Regis- trar, per hour . . .-7(i -10- i__ 1 3. Entering cause for trial 14. Setting down demuiTer* 1'). On issuing subpoena or order for attendance of witness not exceeding ;> persons, or issuing subpoena duces tecum - 1 - - i _ _ j _ ](i. Registering verdict or demurrer .... 17. AVithdrawing record before day of trial . . . .-]--i-_2- '\'S. For withdrawing record on day of trial .... 7 C - 10 4 - - 4 4 - - 4 — '.) - * Demiui-ers are not now allowed. In lieu thereof any party is entitled to raise by his pleading any point of law, which is to be disposed of by the Jud<^e who tries the cause (Order 4, Rules 1 and 2, of the Mayor's Court Rules 1892). ' •S G L> Jf in/or s Court. '\ (» Under £10. ^^? ""^l^-,^ .£-20 ancT under £20. above. t' ^•. _ 22. Taxing costs, excepting aftei- verdict or judgment after trial -1- -]__•>- 2o. Taxing costs after trial . - ] - _ •> _ _ 5 _ 24. On marking cause a i-emanet -2- -3- -4_ 25. On entering an appearance for each person . . .-i-_i__9_ 2(!, On issuing every judgment summons . . . .--(;__(;__(; 27. On issuing a judgment sum- mons on a judgment or order - of the Higii Court . . _ :, _ _ -, _ _ 5 _ 28. Order on judgment summons • for payment . . .-i-_i__x- 29. On every order for committal, including filing affidavit . - 1 - - 1 - - 2 - 30. For every certificate of action, judgment, or other proceeding -1- -1- -i- 31. For every search for any document or proceeding, for each year . . . .-_(;__(;__(; 32. OfHee copies of documents, 4^/. per folio. 38. On interpleader order nisi . - 1 - - 1 - - 2 - 34. On interpleader order absolute - 2 - - 2 - - 3 - 35. Payment of money in and out of Court . . . . _ ] _ _ 1 (; _ 2 ii 3(5. For making a return to certiorari . . . ._];,_ _ j-, _ _ 15 _ 37. Grant of a certificate of a judgment under Inferior Courts .Judgment Extension Act, 1882 '. . . . _ 2 (; - 2 - 2 G 38. For certificate and affidavit for removal of judgment or order to High Court for pur- pose of execution . . - 2 - - 2 ■ 39. Precept to County Court for execution under Borough and Local Courts of Kecord Act. 1872 _ 2 - - 3 - 40. Issuing writ of fi. fa. . . - 1 - - 1 - - 2 41. Issuing writ of possession .-2- -2- -2 42. Filing apprentice petitions, 2s. 43. Summons thereon, Gr/. 44. Judgment, Is. — o — Mayor's Court.'] 821 Under £10. ^^^ a°l ^?0 and under £-20. above. £ S. (1. £ S. ^/. £ 6-. (I. 45. Filing- bill in eqnity, .").•?. 46. Summons to defendant, 2.s\ 47. Duplicate summons, for each defendant where more than one, l.s. 48. Filing answer to bill, hs. 41). On issuing injunction, hs. 50. On decree, .").><•, 51. All collateral matters in equity same as ordinary actions. 52. On affixing the seal of the Court to any document in respect of which a fee is not otherwise charged . . - i _ i _ _ 2 53. Certificate of signature of Lord Mayor as Judge of the Court on documents going abroad, Is. 54. Issuing commission for ex- amination of witnesses abroad, including settling interroga- tories, if any . . . _ 10 _ 15 - 55. On taxing every account under section 4 of the Parliamentary Elections (Returning Officers) Act, 1875, where the amount of the account to be taxed does not exceed £50, lO.s. 50. Where such amount exceeds £50, for every £50 or fractional part of £50 an additional fee of IO5. 57. Court fees on trial of action, including common jury fees - G - - g _ _ 8 58. Fee on nominating special iuiy - 7 (5 i)9. Fee on reducing special jury _ 7 6 (;o. Summoning special jury . 1 _ _ Gl. To special jurymen, £1 is. each. G2. Court fee where special jury - 12 - 03. "Where jury retire . . _ 3 4 _ G 8 ('•4. Warrant upon leaving execu- tion -2 0-2 0-26 05. Levy on execution . . _ ;, _ _ 7 (; _ 15 _ above £ 50, £1 GO. Executing writ of possession, £1 in all cases. Not exceeding Not e.xc_eeding x\,os^ £^0. 67. Commitment warrant . .-20 - 5 - - 10 - 'o'f^. Where out of jurisdiction, Is. per mile extra. Mayor's ( 'ourf.'} 822 Under £10 ^10 and je-20 and Lnaei iiu under i-20. above. £ S. (I. £ is. (I. & S. (I. CO. lietaining possession, per day, when required . . .-;;(; - ,") - - 5 - 7(». Callini;- plaintiff on nonsuit - 1 - - 1 - 7 1 . Serving summons in equity, (!s. 7-?_ Serving summons in duplicate, 3s. Out of jurisdiction. Is. per mile extra. On sealing a notice for service under Order 11, Rule 1,* 2.S. (\(l. SCHEDULE B. THE FOLLOWING COSTS ONLY (EXCLUSIVE OF COURT FEES) SHALL BE ALLOWED TO PLAINTIFF'S SOLI- CITORS IN ACTIONS AND MATTERS AS WELL BETWEEN PARTY AND PARTY AS BETWEEN SOLICITOR AND CLIENT WHERE THE AMOUNT RECOYERED EXCEEDS £5 AND IS UNDER £10, WHERE THE SAME ARE SETTLED OTHERWISE THAN BY A VERDICT OR CERTIFICATE OR AWARD OF AN ARBITRATOR, IN WHICH CASES NONE BEYOND COUNTY COURT COSTS SHALL BE ALLOWED. £ .^. (L For letter before action . . . . . . . - ;> Instructions to sue . - 3 - Preparing and drawing plaint, declaration, and particulars of claim, reply, or other pleading not being a joinder of issue only, including engrossing . . . . . - 3 - For service of any plaint . . . . . . - 2 (5 For affidavit of personal or substituted service of any action, including engrossing, attending to be sworn, oath, and filing . . . . . . . .-34 Attending to sign judgment - ;> 4 N.B. — ;")! & 52 Vict. c. 43, sect. 117. — " AVhere any action shall be brought in any other Court than the High Court which could have been brought in a County Court, and the verdict recovered is for a less sum than £10, the plaintiff shall not recover fi'om the defendant a greater amount of costs than he would have been allcTved if tlie action had been brought in a County Court," Tide Order 10, Eule 1, of the Mayor's Court Rules, 1S92 (p. 816). Mayor s ( 'o//rf,'] 823 THE FOLLOWING COSTS ONLY (EXCLUSIVE OF COURT FEES) SHALL BE ALLOWED TO SOLICITORS IX ACTIONS AXJ) MATTERS AS WELL BETWEEN PARTY AND PARTY AS BETWEEN SOLICITOR AND CLIENT WHERE THE AMOUNT RECOVERED IS £10 AND UPWARDS. Pi.Amx, Particulars, Summonses, axd Notichs Under £-20. £ .S-. f/. Under £-20. ^^^ ^']']^ ^^P and under i'oO. above. — o — — h — 1. Preparing- and drawing plaint, declaration and particulars of claim, plea, counterclaim, reply, or other pleading not being a joinder of issue only, including engrossing . .-C- -12- -l")- Or per folio ... _ - g _ i _ 2. Preparing and drawing bill or answer and other pleadings in equity, including engross- ing, per folio . . .-1--14-14 3. Preparing further particulars under order and engrossing - 2 - - 3 - _ -, _ Or per folio ... _ _ s - 1 - 4. Subpoena ad test, to witness, including attending to seal . - 2 - 5. Subpa'ua duces tecum . . _ •> - Or per folio ... _ _ 4 _ _ 4 (">, AVrit of ejectment, G-s'. ^t/. 7. Writ of fi. fa. or other writ to enforce any judgment or order -4__5__(;S 8. Precept to County Court for purpose of execution, under 35 & 3(5 Vict. c. SC, sect. 6 . - 13 4 11- y. Any writ not included in above - :> - - 5 - - G 8 Notices. 10. Preparing notice to produce or admit, or to admit facts or to inspect, and 1 copy . - 3 - - 4 - - 5 - 11. If special or necessarily long, such allowance as the Regis- trar shall think proper, not exceeding per folio . . - - 8 - - 8 12. For preparing notice of motion to the Court, includinu' copy to file . . . . ,_3__4__;, _ 13. If exceeding ,j folios, at per folio, including copy to file . . . . " . _ 1 _ .. 1 _ Mayor's Court.'] 824 £20 and .£50 and under £50. above. Under £20. £ .S-. iL £ 5. d. £ .V. (1. - () 2 G 2 i\ 14. For preparing' notice of any application in Cbambers to Judge or Registrar, demand ofanypleadingornotice to tax -2- -2- -3- 15. Notice by defendant to plain- tiff to bring in record . .-2- -;]- -3- IC Notice of order of committal, including service . . .-1--1--1- Servicks. 17. Service of a plaint summons, notice or document required by statute or rule to be served personally, including copy . - 5 - - 5 - 18. If served at a distance of more than 2 miles from the General Post Office, for each mile beyond such 2 miles therefrom, but not to exceed 1() miles . . . - - - - ( 19. Service of judgment sum- mons, including copy . .-20 - 2 ( 20. Like of order to pay, including copy . . . . . - 2 G - 2 ( 21. Where, in consequence of the distance of the party to be served, it is proper to effect such service through an agent, for correspondence in addition - 2 G - 3 (! - "> - 22. When substituted service or- dered, either in or out of jurisdiction, in addition to include all costs of attend- ances, making appointments to serve, drawing, engrossing, attending to swear and to file all affidavits, and the fees paid for oath and obtaining order - 10 - 1 - - 1 :> - 23. Service of a subpceua or order for attendance of a witness, including copy . . . - 2 (\ - 2 G - 3 - 24. If served at a distance of more than 2 miles from the General Post Office, for each mile beyond such 2 miles therefrom, but not to exceed 10 miles . . . .--G--G--G 2."), Where, in consequence of the distance of the witness to be served, it is proper to Manor's Court.'] Under £20. ^'20 and f. 50 and under f.jO. above. £ *•• (l. £ .s'. (I. £ .y. (/. (; 4 - ; ,s - ];5 4 4 - ; 8 - ];^> 4 4 - ; -s - 13 4 effect such service through an ajxent for correspondence, in addition . . . , _ 2G. (Service of any apphcation, summons, interrogatories, or- der, notice, or demand on the solicitor or party ... -20-20 ^•B. — Where any two or more applications, summonses, orders, in- terrogatories, notices, or demands have or could have been served together, one fee only for service is to be allowed. Instruction's. 27. To sue or defend, or to demur,* or to file a bill in equity or answer, or to prefer or oppose claim in inter- pleader proceedings, or for any petition . . . - 28. To proceed . . . . _ 211. For counterclaim . . - oO. For interrogatories for the examination of a witness . -;,-_(;§ 31. For affidavit in answer to interrogatories or other special affidavits .... - ,3 _ _ c § 32. For brief on trial of action or on arbitration, where counsel employed, such fee as the Registrar may think fit, having regard to all the circumstances of the case, not exceeding . . . _ (^ § 1 10 _ f3 _ _ 33. On arbitrations where no counsel employed, examining and taking minutes of evi- dence of each witness, after- wards allowed on taxation .-2- -;J4 _5_ If exceeding G folios, for each additional folio .--() _i_ _i_ 34. If special cases in addition for preparing or making copies of any account or other documents, not being notes or observations relating to the evidence of the witnesses only, which the Registrar may think necessary for the "* Demurrers not now allowed. See note, p. 819. t In the discretion of the Registrar, not exceeding £10. Vide Order 10, Rule 2, of the Mayor's Court Rules, 1892 (p. 816). Miii/or's ( 'onrf.^j S2G Under f -20. f 20 and under i'50. 30. 38. 3IJ. 40. 41. 42. 43. 44. 45. 4G. 47. 48. Judges' or the solicitors' use at the trial, such sum as he may consider reasonable, not exceeding .... Instructions to appeal . For counsel to advise ou evidence .... For counsel to make any appli- cation to the Court where no other brief .... For brief on motion for in- terim injunction . — 4 - - 4 ♦ See note, p. 819. t Is. 4d. per folio. 1892 (p. 81G). (I 10 - 1 - - G 8 - 13 4 G) 8 - 13 4 G 8 - 13 4 13 4 - 13 4 - 1 4 - 1 4 - 1 4 - 5 - - 1 4 i- 1 - G s h 4 h _ 1 " 1 - Vide Order 10, Kule 2, of the Mayor's Court Rules, Jf(f//(/-^s t'otirt.'] 827 Under £20. *"? "^"/In ffand under fyO. above. f X. >l. £ .V. - -4_ _4_ 53. Affidavit of increase, drawing and engrossing, and paid when demanded . . .-G--G--0- ()r per folio ... _ 1 _ _ ^ 4 54. Demand by defendant if action issued by authority and service thereof on plain- tiif 's solicitor . . . - 2 - - ;i - - 3 - 55. Commission for the examina- tion of Avitnesses abroad, in- cluding engrossing, per folio -1- -1- -14 5G. Bond for security of costs, in- cluding engrossing, per folio .-1- -1- -14 COPIKS. 57. Of documents to accompany brief, and where no provision is made herein that the fee for preparing or drawing any document is to include copies thereof, for each copy the Registrar may consider necessary, per folio . .--4 __4 __4 58. Declaration for delivery .-3- -;>- -4- Cr per folio . . .--4 --4 --4 51). Copy order to serve out of jurisdiction . . . .-1--1--1- 60. Record for trial, per folio .--4 --4 --4 61. Copy points in demurrer, per folio __4__4__4 Peri:sals. (J2. Of pleadings, particulars of claim or counterclaim, further particulars delivered under order by the solicitor of the party to whom the sfimc are delivered .... - 3 4 - 8 Maijors ( 'ourt.'] 8-^S 1 t* s. (I. £ .s. (L £ y. ( ,, J ..in f'20 and .£50 and Lndei i20. uudei-i-50. above. 03. (^f iuieiTocatories by the solicitor of the party by whom the same are to be answered . . . . - 4 - - (> S - G 8 Or per folio ... - - 4 G4. Of notice to produce and admit, or to admit facts by the solicitor of the party served .-4- -5- -G8 Gf). Of affidavit in answer to in- terrogatories by the solicitor of the party interrogating, per folio .... - - 4 - - 4 GG. Of other special affidavits by the solicitor of the party against whom the same can be read, per folio ... - - 4 - - 4 Attkndancks. G7. To enter action or file bill, petition, including tilling up prase ipe 4 - (■) 8 - 8 G8. Entering appearance . .-34 - G 8 - (! 8 G'J. To obtain consent of next friend or guardian to sue in his name, including copy and service of order . . .-44 -78 -88 70. To deliver any declaration, plea, or counterclaim, further particulars, answer to inter- rogatories, admission of facts, affidavit of documents . . - 3 4 - 3 4 71. To inspect, or produce for in- spection, documents pursuant to a notice to admit, or pur- suant to any order or a notice under any rule . . .-34 - G 8 - G 8 Or per hour ... - G 8 - G 8 72. AVhere solicitor inspecting docs not reside or carry on business within 2 miles of place of inspection, in addi- tion sum paid for locomotion, not exceeding . . . - 10 - 1 - - 73. To obtain or give any neces- sary or proper consent or admission .... - 3 4 - G 8 74. On examination of a witness under any order or commis- sion, per hour . . .-34 - (! 8 - 10 - 75. On deponents being sworn or by a solicitor or his clerk to be sworn to an affidavit in - ]U - r, H -08 - f) — J/af/o/s ('oi'rf.j 829 Under £20. *2? *"?.„ ^''j'^ and under i.jO. above. £ S. (l. £ .v. (I. £ ,s-, ^/. answer to intcrrof^-atories or other special affidavit . . - ;-} 4 _ (; j^ 7G. On an application summons or proceeding in Chambers . - ;> 4 - (I h _ (; >^ ( )r per hour ... _ (; ^ 77. 'J'o enter cause or *demurrer for trial . . . . - ;^, 4 _ ^ ^ 78. Entering verdict, certificate or order on record . . - 3 - - :; _ 7'J. Signing judgment . . - ;] 4 _ ;> 4 80. Any other attendance upon the Registrar, or at the office of the Court, or upon the opposite party, or upon the Serjeant-at-Mace in inter- pleader proceedings not other- wise provided for, which the Registrar may deem necessary 8 4 _ ;} 4 _ (; j^ 81. Nominating or reducing spe- cial jury .... - G 8 82. Where, in consequence of any- thing done by the opposite party, it becomes necessary to advise or receive instructions from a client in the progress of an action or matter, for each attendance the Registrar may deem necessary . . - (; g _ (5 j^ 83. Upon defendant on terms of settlement, including drawing consent . . . . - 84. On counsel with brief . . - ;> 85. If counsel's fee exceeds 1 guinea _ . . . . - ;j 4 - G 8 - G 8 8G. To appoint conference or con- sultation .... 87. Attending thereon 88. To search if cause in paper, per sitting . . . . - ^{). At Court on trial or argument l s - 1:5 4 - 13 4 4 — '■> 4 - (J 8 4 - G 8 G 8 - 13 4 G 8 - G 8 15 - 1 1 _ to to of demurrer* or special case, or for new trial with counsel, not exceeding 90. Where the trial lasts more than one whole day or is adjourned for want of time, or upon payment of the costs of the day, per diem . .-G8 -10- -l; 91. To make or oppose any appli- cation, summons, or motion Vide note p. S19. Mmjors ( 'ij}iy/.'\ 830 Under £-20. £-20 and under A'.W. i' .50 and above. - 10 - - 15 before the Judge iu Chambers with counsel when certified for by the Judge at the time !)2. The Hke with counsel if in Court ;»;], To hear a deferred judgment !)4. Before an arbitrator with counsel where action re- ferred, for each sitting 9;"). The like where no counsel employed, for each sitting . i)G. Where sitting exceeds o hours, for every additional hour . :i7. On taxation of costs . i)8. For obtaining certificate under Infei-ior Courts Judg- ment Extension Act, 1882, including affidavit Fkes to CorxsioL. '.)'.). "Witli brief, sum paid not to exceed . . . . :^ 4 (! 100. On conference or consulta- tion 101. Where the trial lasts more than one whole day or is adjourned for want of time, further consideration, or upon payment of the costs of the day, a refresher may be allowed, not exceeding . 1 ',} {> 102. 'J'o make or oppose any application or motion in Court or Chambers if Judge certifies for counsel . . 1 :> (> This fee will only be allowed on motion for new trial once. 108. In actions or matters of an equitable natui-e for settling declaration or bill, plea, answer, reply, interi-oga- tories, or other pleadings, or matters required, in the course of an action or matter, if the Registrar for any special reason thinks fit (h c s {', s ('. 8 Kt - s to 1:5 4 (I 8 1 1 - ('. 8 - (; - i; 1 1 - - 10 - - C 8 to ] - (. — 4 — discretionary I 1 (I - to to 4 2 4 i; 1 3 6 M(i!jor''s ('oiirt.~\ s;;i Under £20. £ H. (1. 104. Advising on evidence, if specially allowed at the trial or hearing by the Judge* . Plans, Models, &c, 105. Plans, charts, or models for use of Judge at trial, if allowed by Judge, not ex- ceeding . . . .11- Lettkus, &('. IOC). TiCtter before action . . - ?> 107. Letters, &.c. (to be allowed once only in an action or matter) . . . . - ;5 4 108. Circular letters . 101). Costs for searches for certifi- cates of births, marriages, and deaths, which the Regis- trar may upon taxation think necessary, such sum as the Piegistrar shall deem reasonable. 110. Oaths, sum paid. £■20 and £50 and under i'.jO. above. £ .s. iL £ s. d. :5 - i; .s - ] - to 4 - ?> (> 13 4 1 - JUDGMENT SUMMONSES. Applicant's Costs. 111. For issuing summons, service of same, attending Court, drawing up order and service if allowed, where the judgment debt or any instalment thereof is — £ .s. d. £5 and under - ;! 4 Over £5 and under £10 . . . . . - .") lo „ £10 „ ., £20 - i; s „ £20 „ ., £30 - s 4 ,, £80 ,. ., £50 - 10 - ., £50 - j;>, 4 112. For issuing summons for committal, service, attend- ing Court, proof of service of summons (in case of non-attendance of debtor), of non-payment of instal- ment, instructing Serjeant-at-jNIace, and all other incidental charges and expenses if allowed will be — When committal made for 5.s-. . . . . - 2 C between 5.s. and lo.v. . . - ;5 4 lo.s-. and 2(i.><. . . - 5 lo ., 20.S-. and upwards .-OS * In lieu of words " at the trial or hearing by the Judge," read the words " bv the Registrar." Vide Order 10, Rule 2, of the Mayor's Court Rules, 1892 (p. "SIC). Mai/ors Court.'] 8:^2 Dki'kxdaxt's Costs. € .V. (I 11;!. Attendino- hearing wliere jiulijment debt is uiuler £10 - ;! 4 Attending hearing where judgment debt is under £10 and under £20 . . . . . . . - C. S Attending hearing where judgment debt is under £20 and n])wards . . . . . . . - 1 ;; 4 In all equitable matters the costs allowed, unless otherwise pi'o- vided lor by this scale, shall be allowed as nearly as possible as in the like matters in the High Court of Justice. ALLOWANCES TO WITNESSES. £ S. (1. £ .y. d. Gentlemen, merchants, baidcers, and •pro- fessional men, per diem from . . - 1 ."> - to 1 1 - Tradesmen, auctioneers, acconntan ts, clerks, and yeomen, per diem from . . . - 7 (I to - 1.") - Artisans and journeymen, per diem from . - 1 - to - 7 Labourers and the like, per diem from . - ;5 - to - 4 - Travelling expenses, sum reasonably paid, but not more than six- pence per mile one way. If the witnesses attend in more than one cause, they will be entitled to a proportionate part in each cause only. X.B. — Where the witness is a plaintiff he shall not be entitled to any of the above allowance, except for travelling, unless he is a domestic or menial servant, a labourer, a servant in husbandry, a journeyman, an artificer, a handicraftsman, a miner, or any person engaged in manual labour. ALLOWANCES TO SCIENTIFIC WITNESSES. If costs taxed on scale above f-20. £ N. il. I 1 If on scale exceeding £.50. £ X. il. 1 1 - to to 1 ^ ^ _ 1 1 - to to For qualifying to give evidence . Attending Court on trial, per diem \ -1 -1 - -6 Y) - In estimating the amount to be allowed, the character of the action, the pi-ofessional standing of the witnesses, the propriety of retaining the particular witness, are to be considered, and in no case is the maximum allowance to be exceeded. Travelling expenses to be allowed as in the case of an ordinary witness. The above allowances shall not apply to pei'sons who prepare plans, drawings, models, &c., for the purpose of illustration, and who, if Jfa//or's ( 'o/ni.l sna called at the trial, prove the correctness of such plans, drawings, models, &c., only, but in lieu thereof there may be allowed the sum reasonably paid for the same, and all tracings and copies thereof not exceeding the sums mentioned in item of the higher scale of costs. Any such person shall be allowed for his attendance at the trial upon the scale applicaljle to ordinary persons. 1. PLATXTTFF'S rM)RT.S OX JrDO.MKXT AFTKR TRIAL WlllvN CLAIAF IS FOR LFSS THAN £20. IX THE MAYOR'S COURT, LOXDOX, Between, &c., 1H!)5. Oct. Letter before action 22. rnstructions to sue .... Preparing and drawing plaint and fair copy to issue Attending to issue ..... Paid fee Nov. Attending to serve plaiut, making ap- pointment, drawing and engrossing affidavit for substituted service and attending, making application (personal service, ^)5.^ . Paid filing affidavit ..... Paid for order ...... Paid for duplicate plaint .... Copy plaint for service ..... 20. Declaration and particulars of claim, en- grossing same and demand for plea and service thereof Dec. 2. Attending defendant's solicitors, giving consent to extension of time for a week to deliver plea Jan. 10. Copy record for trial (folios Iti) Attending entering action for trial Paid fees ....... In consequence of illness of plaintiff's witness, attending defendant's solicitors, obtaining their consent to the cause being made a remanet to next sittings .... 189(1. Jan. 21. Attending filing consent and getting cause marked a remanet . Paid fee Feb. Instructions for brief Drawing same and copy for counsel Copy record for him . J.C. Jndei- £-20. d. £ S. d. — o - ?j 4 - 1 - - 1 - - - 6 4 - 3 - - (; - -34 - lU - - 1 - - 12 -34 -34 -08 1 - - 3 H 31 a If or' s ( 'ijiiii.'\ HU Attendina- !Mr. with brief Fee to him and clerk .... 10. Attending Court when verdict given fur plaintiir for £15 Paid Court fees Entering verdict on record Attending signing judgment . ]*aid fee Kill of costs and copies (folios 8) . Notice to tax ..... Attending taxing Paid fee Letters, &c Attendance of ]\Ir. , manager, as a witness Under £20. 4 i; - 8 - - 4 - _ -> _ 1.-) :) 4 -10 - - 3 - - ;; 4 - o 4 - 3 - - 3 4 - 3 4 :.'. iM>AL\TIFF'S COSTS OX JUIXiMEXT AFTER TRIAL, WHEX CLALM ABOVE £50. IN THE :\IAYOR'S COURT, LONDON. Betwi;i:x, &c. £ s. 18iU. Oct. Letter before action Instructions to sue .... l^reparing ])laiut and particulars of claim Attending to enter action ]*aid fee Service of plaint ..... Affidavit of service (if made) . Instructions to proceed .... Declaration and particulars and demand of pleas Fee to counsel to settle .... Attending him ..... Attending to deliver .... Attending consenting to defendant's having further time to plead (or on an application by summons or proceeding in Chambers) Perusing pleas ..... Attending client, receiving instructions tiiereon Drawing reply and engi'ossing same (or per folio Is. 4^/.) . ' . Attending to deliver .... Notices to produce and to inspect and admit and attending inspection, and on admissions as in the Queen's Bench Division (see page 258) Alxne i'.W. ench Divisioi may be made (see p. :^7(i) . Record for trial, per folio Kntering cause for trial Paid fee ..... . Subpoena ad test J*aid fee Service on witness ..... Mileage after 2 miles, per mile (not to exceed 10 miles) ...... Instructions for brief Cin Registrar's disci-etioi not exceeding £10) . Drawing same, per folio . Fair copy for counsel, at per folio . Copy documents to accompany brief (for each copy the Registrar may think necessary), pe folio . Fee to counsel (discretionary) Attending him ..... Paid him conference fee Attending to appoint .... Attending conference .... Attending to search if cause in paper (pe sitting) ...... Attending at Court on trial (or not exceedini £8 8.S.) . . _ . . _ . . ' Paid Court fees and jury (as paid) . Entering verdict on record Paid fee ...... Attending signing judgment . Paid fee ...... Drawing costs and copies, at per folio Preparing notice to tax .... Service on defendant's solicitor Attending taxing (not to exceed) . Paid Letters, &c. ...... Al)Ove £ s. il. - 1 - 1 :-) <; - o - - 4 - () - - 4 - 4 i; S G 18 8 4 i; 8 1 - ") - '•) 4 1 - •> i; 1 J 1 ;i 4 Matjor's Court.'] HoO 3. DKFKXDAXT'S COSTS OX ,1 I'Im; .M KXT AFTKK TKI \ WHHX rL.vni AIJOVK f.-.c. IX TlIK :.IAV()irs CorUT, IJIXDOX. 13etwki:x, &c. Above £50. S. ll. £ ^ .-. ll. - 1; ; 4 - ( ; s - ( ; « 181)4. Oct. Tnstrnctions to defend . (I. Attending- i)hiintift"8 solicitor g'iving him undertaking to appear for defendants . 14. Attending entering appearance Paid fee - 2 - 1(). Perusing declaration and particulars de- livered this day ...... - 1 ;> 4 1 '.). Preparing notice of application for further particulars, stating the amount the wire the subject of the action realized on sale, and the rate per cent, claimed by plaintiff for commission ...... - 3 - Copy and service on plaintiff's solicitor . . - ;-> (J '>{). Attending application, and order made in terras thereof ...... -(18 Paid for order - 2 - Service of order on plaintiff's solicitor . . - "> 6 23. Perusing particulars delivered pursuant to order -CM 24. Preparing notice of application for further and better j^articulars of the plaintiflF's claim - ;! - Service on plaintiff 's solicitor ... - 3 (! 2(). Attending application, and order made in terms of notice ...... - (; 8 Paid for order . . . . . . - 2 - Copy and service of order on plaintiff's solicitor -30 30. Perusing further particulars delivered pursuant to last-mentioned order . . - (J 8 Preparing notice of application for further and better particulars of ])laintitt"s claim . Service on plaintiff's solicitor 31. Attending application, and order made in terms of notice and time given to deliver pleas after delivery of further particulars . Paid for order Service of order on plaintiff' 's solicitor . Nov. 3. Perusing further particulars delivered pursuant to last-mentioned order !). Attending plaintilf's solicitor procuring extension of time to deliver pleas 13. Instructions foranddrawingpleas (folios 12) — o — (; 8 c 8 12 - Maijor^s Court.'] 8o7 Paid Mr. (counsel) to settle pleas . Attending him ...... 10. Attending plaintiff's solicitor procnring extension of time to deliver pleas Engrossing pleas ...... 21. Attending to deliver .... 23. J*repariug notice of application for order for discovery of docnments Service on plaintiff's solicitor 24. Attending application, and order for dis- covery made ...... Paid for order Service of order on plaintiff' 's solicitor . Attending plaintiff" 's application for discovery, and order made ...... 27. Attending plaintiff' 's solicitor for time to file affidavit of documents .... 30. Instructions for affidavit of documents Drawing same (folios ICi) .... Attending bank secretary on his deposing thereto ....... Paid oath Paid filing affidavit Attending Paid for copy of plaintiff" 's affidavit of docu- ments ....... Perusing same ...... Dec. 7. Attending plaintiff" 's solicitor on his consenting to case not coming into list for trial before 17th instant, and attending Registrar on his marking cause accordingly - C 8 Attending inspecting plaintiff's documents . - (J 8 Paid for copies - 2 - '.). Attending plaintiff's solicitor on his in- specting documents ..... - (> 8 11. Perusing plaintiff"'s notice to inspect and admit - C 8 The like to produce ..... - (> 8 Preparing notice to inspect documents and copy - 5 - Service thereof on plaintiff" 's solicitor . . - 2 (5 Preparing notice to produce documents and t'opy - 5 - Service on plaintiff" 's solicitor ... - 2 G Instructions for brief, including attending witnesses, taking their evidence, perusing correspondence between plaintiff" and defen- dants and between defendants and their branch bank at , and other docu- ments* ....... 3 - - Drawing same, including proofs (folios 70) . 3 10 - £ Above X'SO. S. (L & ."?. (I 1 3 (; - 3 Ar - (; 8 - 3 - - 3 4 _ •> _ - 3 G - c 8 - 2 _ - '•> - i; 8 — c 8 - i; 8 - k; - _ c 8 - 1 C 1 - - 3 4 — 2 8 - 2 8 * In the discretion of the Registrar, not exceeding £10. See note to charge, 34, in Schedule B., p. 825. Mayor'' f^ Cotni.'] 838 £ x. Copy for counsel Making- copy of foUowiuy' documents to accompany brief ..... I'leadings, at 4i/. per folio .... I'articulars of plaintiif' s claim (;) setsj . Correspondence (plaintiff and defendants', IC. folios) Correspondence, defendants and their branch bank (2S folios) Plaintiff's notice to inspect (at 4^/. per folioj . IMaintiff's notice to produce ,, I )efendant's notice to inspect „ Defendant's notice to produce ,, ]*aid fee to ]\Ir. ■ and clerk (dis- cretionary) ..... Paid him conference fee and clerk . Attend] nji' him ..... Attending appointing conference . IC. Attending conference Attending searching cause list, and found cause in to-morroAv's paper 17. Attending Court, cause tried and verdict for defendants (discretionary to £3 3s.) Paid Court fees ..... 22. Entering verdict .... Paid fee ..... . Attending to sign judgment . Paid fee ...... Drawing costs and 2 copies (folios If) . Notice to tax, copy and service Attending to tax Paid taxing ...... TiCtters, &c. ...... Above £50. (I - 5 - £ s. (I — t) — - (; K - (; s -13 4 - C, S 3 4 14 - »> — 13 4 - 13 4 4. DEFEXDAXT'S COSTS OX JUDOMEXT AFTEli TPJAL, WHEX CLAIM ABOVE £2(> AXD UXDKR f:,o. IN THE j\rAYOirS COURT, LONDOX. 1>i;t\vekx, kv. 1825. Oct. n. Instructions to defend Attending entering appearance Paid fee Perusing declaration and particulars of claim Instructions for drawing and engrossing plea Attending to deliver Above f-20 and under £50. £ s. il. £ ^. - c - (■» - 12 Mui/or's ('our 1.1 831) Above £20 and under £50. £ .V. (I. £ a. (I. •1 r, i; « (; H (; H (; s (1 s C 8 — ;) - Notice of application for discovoiy of docu- ments ....... ►Service thereof ...... 14. Attending- application when order made . l*aid for order ...... Copy and service of order .... 15. Attending- plaintiff's application for dis- covery, order made ..... 'li. Attending obtaining consent to extension of time to file affidavit of documents . Attending jilaiiitiff's solicitors extending their time ........ 2;'5. Attending plaintiff's application for leave to deliver interrogatories, order made Perusing interrogatories .... 25. Instructions for defendant's answers to interrogatories ...... - 5 Drawing same ...... - ( Instructions fur defendant's affidavit of docu- ments ....... Drawing same ...... 21). Engrossing answers to interrogatories Attending deponent to swear same Paid oath - 1 (l Engrossing defendant's affidavit of documents Attending deponent to swear same Paid oath - 1 (I o(>. Attending filing defendant's answers to interrogatories ...... Attending filing defendant's affidavit of docu- ments ....... Paid fee - 1 - Notice of filing Paid for copy plaintiff's affidavit of docu- ments . . . . . . . - 2 -f Perusing same ...... ol. I'erusing reply ..... Attending inspecting plaintiff's documents Attending giving inspection of defendant's documents Paid for copy documents Nov. 2. Notice of trial given 5. One subpd'ua . Paid issuing .... 7. Copy and service of subpoena on Mr Notice to inspect and admit . Service thereof .... Notice to produce Service thereof .... 8. Perusing plaintiff's notice to inspect and admit ....... - 5 - The like plaintiff 's notice to produce . . - 5 - 12. Attending plaintiff's solicitors on their proposing to postpone trial ... - 6 8 8 - •) -■ i) 4 2 8 «) 4 »■> 4 3 4 ^) 4 •> 4 '•> 4 {'> 8 - G 8 . - 1 - J. S. - 2 G - G - - 2 C, - 4 - 2 G Jlai/or^s Court.'] 8-tO Notice to defendant and witness inforniinir them of postponement . . . . ] 4. Instructions for brief . . . . Drawing and engrossing same (folios 4S) Copy correspondence for counsel (folios ] 1 G) Copy plaintiff's interrogatories and defendant's answers for counsel .... The like plaintiff's notices to admit and prO' duce ...... The like defendant's notices to admit ant produce ...... Attending ]Mr. with brief Paid his fee . Paid him conference fee Attending to appoint conference . Attending searching cause list Letter to defendant and witness to be in attendance Attending conference with counsel Attending Court, cause tried and verdict given for defendant Paid Court fees Paid witnesses for attendance 21. Attending enterinii verdict on record Paid fee Attending signing judgment Paid fee . . ... Bill of costs and copies Notice of taxing . Attending taxing . Paid taxing fee Letters, postages, &c. Above £20 and f S. (I. under £50. £ S. d. 1 (i - - 8 - - ;> — 1 10 - 2 S - 1 IS 8 - 4 - - 4 — »» — - G 8 -84 -(5 8 — f) — - G 8 1 1 - 1 1 - - ;5 4 - ;5 4 - \-2 ~ - G 8 - i; 8 XYIII. COUET OF PASSAGE OF THE CITY OF LIVERPOOL. FEES TO BE TAKEX BY SOLICITORS OF THE ConiT FOR THEIR OWX USE. (.lAxrARV, 1.S77.) Writs. * Where the claim Does not exceed Exceeds £■20. £20. £ .s. 4 •) 8 h 4 - .") - - i; - 1 - - c - 3 — — o - 1 - See Amendmeut of July 24tb, 1884, p. 847. Court fif Passf/ffP.I 842 Attendances. WTiere the claim Does not exceed Exceeds i-20. £-20. £ N. /L £ S. (I. Every necessary attendance on a summons upon "'ivino; a consent or any other attendance in the cause .... ( )r if long or special (in the discretion of J Registrar) Every attendance to inspect or produce for inspection documents, pursuant to a notice to admit, to inspect, or produce for inspec- tion documents referred to in any pleading or athdavit, pursuant to notice under Order Ml, Rule 11, or any other necessary inspec- tion ........ ( )r [)er hour or fraction thereof after tht; first To examine and sign admissions . On the examination of witnesses before any examiner, commissioner, officer, or other person, or on a reference, per hour If counsel conduct such examination, Arc, on the part of solicitor On counsel with brief and other papers . To apj)oint conference or consultation . On conference or consultation In Court on the trial of any cause when same in the day's list On the trial each day ..... In Court (where necessary) on the hearing of any demurrer, special argument, motion, or other like matter . . . . To hear judgment, when same adjourned On taxation every ordinary bill of costs . On taxing costs of trial .... On the higher scale the Eegistrar may allow in his discretion ...... - ;} 4 - ('. ■Wliere tlic claim Does not exceed Exceeds i'20. i'20. £ .V. //. £ s. il. For brief - 1 ;; 4 For such brief such (jLher fee may be allowed as the taxing officer shall think fit, having regard to all the circumstances of the case, and to other allowances, if any, for the attendances as witnesses, and procuring evidence ....... Drawinc P],i':Ai)iNr;s a.vd Otheij Docu.mkxts. Statement of claim, statement of defence, statement of defence with counter-claim . - :> 4 - G « Or per folio . . . . . .__y_i_ Reply, with or without joinder of issue, con- fession of defence, joinder of issue without other matter, demurrer, and any other pleading and amendments of any pleading - 2 - ."> - Or per folio - - S - 1 - Particulars when recjuired, and I copy to deliver . . . . . . . _ ^; _ _ ;> 4 Or such amount as the Taxing .Master shall consider reasonable, not exceeding - I )rawing every ordinary affidavit . . . - Special case, aflidavits in answer to interroga- tories, and other special affidavits and interrogatories, including copy, per folio . - Xotice of motion . . . . . . - Drawing judgment - Entering same . . . . . . - Brief on trial, assessment of damages, examina- tion of witnesses, demurrer, special case before the Court or Judge, commissioner, arbitrator, examiner, or officer of the Court, when necessary and proper, in addition to pleadings, including necessary and proper observations, per folio .... - 1 - Brief on lower scale, including instructious . 1 1<> - Or in special circumstances not to exceed 2 '2 - For preparing and tilling up any notice which the Registrar shall on taxation think proper to have been given . . . . . - 1 - - 1 - Bill of costs for taxation, including copy for the Taxing ]\raster, per folio . . . - - 4 - - 6 Notice to produce or admit, and 1 copy . - :! 4 For every copy beyond the first, per folio . - - ;5 Other necessary documents as allowed by Reuistrar. 4 - - 4 4 — 5 — s 1 i; - h 4 _ _ h _ o — Court of Passaije.'] 844 Where the claim Does not exceed Exceeds £20. £20. £ s. (I. £ s. d. "Where, pursuant to rules of Court, pleadings or documents are printed, copy for the printer, per folio --.')-- 4 "Where any writ exceeds 2 folios per copy for service, per folio beyond such 2 . . . - - ?> - - 4 l'i;i.\ rixG. For examining the proof print, per folio . ~ - 2 - - 2 For printing, the amount actually and properly paid to the printer, not exceeding per folio . - 1 - - 1 - These allowances are to include all atten- dances on the printer. The solicitor for a party entitled to take printed copies of any pleadings or docu- ments shall be allowed fur such imniber of copies as he shall necessarily and properly take, the amount he shall pay therefor, if the taxing officer shall consider the same reasonable and not otherwise. Perusals. Of statement of claim, statement of defence, reply with joinder of issue, demurrer, of interrogatories to be answered by a party by his solicitor, of special case by the solicitor of any party except the one by whom it is pi-epared, copy order to add parties, notice of defendant's claim against third parties and of defendant's statement of defence and counter-claim served on such parties by the solicitor of the party served therewith, of notice to produce and notice to admit by the solicitor of the party served, of affidavit in answer to interrogatories by the solicitor of the party interrogating, and of other special affidavits by the solicitor of the party against whom the same can be read . . . . . . • .-34-08 Services. Of any writ -4--5- Of any summons, order, rule, interrogaLories, notice, or demand . . . . . - 1 - - 2 - Mileage, if beyond the borough, m)t to exceed agency charges, per mile one way . . - - Where more than one attendance is necessary to effect service or to ground an application for substituted service, such further allowance may be made as the taxing officer shall deem reasonable. - 1 Couii of l'iissa(j('.'] 84.") Where tlio claim Does not exceed Exceeds i-20. i-20. £ s. (I. £ .V. (I. "Where any writ, order, and notice, or any 2 of them, have to be served toy-ether, 1 fee only for service is to be allowed. Letters -•!--•:>{; Term fees . . . . . . . - ;; 4 - C .s liCtters and messengers . . . . . - 2 - - :J - Oaths and Exhibits. For every oath, declaration, affirmation, or attestation npon honour . . . . - 1 - - 1 - To the solicitor for preparing- each exhibit . - - (I - 1 - To the commissioner for marking each exhibit - - (! - - i; In actions where the sum claimed does not exceed £.") the follow- ing costs* only shall be allowed (exclusive of Court fees) where the same are settled otherwise than by a verdict or certificate or award of an arbitrator, in which cases none beyond County Court costs shall be allowed : AVrits. £ s. (J. "Writ and indorsement . . . . . . . - 4 ('. I'articulars of claim . . . . . . . - I (J licnewal . . . . . . . . . .-1- Subpoiiia . . . . . . . . .-IS Writ of execution or other writ to enfor'-e any judgment or order . . . . . . . . .-IS Any writ not included in the above . . . . .-is Appkakaxce. Every appearance . . . . . . . . - 1 - SuMMOxsEs, Rules, axd Orders. For every summons, rule, or order . . . . . - 1 - Attexdaxces. For every necessary attendance in the cause . . . - 1 - IXSTIIUCTIOXS, For every ne(;essary instruction in the cause . . .-18 DuAwixG Pleadings, &c. For all pleadings and other necessary documents, except judgment, per folio - (. Drawing judgment . . . . . . . . - 1 - Entering same . . . . . . . . - 1 - Copies. For all copies, per folio - - 2 * Amended by order of Judge, October 30th, 18S0, see p. 847. Court of P((! Skrvices. £ .^. t/. For the service of any writ - .; - For the service of any suiniiKMis, order, I'lile, i\;c., where properly ciiargeable - 1 - liETTHlfS. Letter before action . . . . . . . - 1 - Oaths and Ex hi hits. For every oath to atHdavits, including exhibits . . - 1 - Costs ox Defaui/i' of Appear a xck. The following sums for costs, and no more, shall be indorsed upon every writ of summons indorsed, or which should have been indorsed, for an ascertained sum, and judgment, in case of non-appearance of the defendant after ])ersonal service, shall not be signed for more, provided that where the plaintiff's solicitor elects to tax his costs, and the amount, as taxed, exclusive of the charges of and incident to taxation, does not exceed the sum which is or ought to be so indorsed, he shall not recover the costs of or incident to such taxation : — AViiKitK Service AVithix the Jurisdictiox. Four day costs Judgment costs . Where Hhrvjc Four day costs . Judgment costs . ]\Iileage when necessary. The costs of solicitors in Admiralty causes shall continue to be those settled under the County C'ourt Admiralty Jurisdiction Act, lS(iS, and the rules and orders of this Court of the Hth of 1-Y'bruary, 18()1), thereunder. Not exceedin £5.' (/. Over £5 and not exceeding,' Over £20. . - 12 s 1 1 1(1 1 1 .■) -2 . J 1 s ■> (1 ,s • > 4 -2 IJkyo^d THE J URIS DK'TIOX. . 1 ('• 4 2 B 10 3 4 -2 . 1 15 4 ;:5 2 8 4 l;5 -2 See Amenclment, p. 847. ( 'our I of J'af:saf/e.] 847 AMEXDKI) RULI-: AS To COSTS. (In Actions for Sums not Exckedixo f:,.) Made and 8if>iied the .loth day of October, 1880. WirEiiKAS it is deemed desirable that the costs allowed in actions in the said Oonrt of Passage, in which sums not exceeding £:» are recovered, should be i-educed, it is ordered that on and after the sth day of Xovember next the costs allowed or obtainable in res]»ect of any action in whicii a sum not exceeding £2 is recovered in the said Court, whether by order, judgment by default, or otherwise, shall not exceed a shilling, in addition to the Court fees, unless the Court, or the Judge (or Assessor) thereof shall otherwise order. And it is further ordered that in actions in which sums exceediu"- t'l' and not exceeding £.") shall be recovered, whether by order, judgment by default, or otherwise, the costs allowed and obtainable by the successful ])arty shall not, on and after the date before- mentioned, exceed ten shillings, exclusive of Court fees and the charges of the Sergeant-at-Mace, unless the Court, or the Judge (or Assessor) thereof shall otherwise order. And it is further ordered that the Scale of Costs allowed in January, 1877, be varied accordingly. T. HEXRY BAYLfs, Judge (or Assessor). I approve of the above, G. J. PHILIP SMITH, One of the Masters of Her ^ilajesty's High Court of Justice. AMENDMENT OF TABLE OF FEES AND COSTS OF THE COURT OF PASSAGE OF THE CITY OF LIVERPOOL, MADE AND SIGNED BY ]\IE THIS i>4tii DAY OF JULY, 1884. It is ordered that in respect of all actions begun on and after the 1st day of August next, in the table of fees and costs now in force in the Court, the following words and figures be substi- tuted, namely: — Less than £.j .... for £'.') and under. Not less than £.") . . . • / „ <'ver +T> and not exceeding, *And not less than fi'ti . . . i or does not exceed, £_'(». • This must mean smns from £5 to ±20 inclusive. Court of Pasmge.'] 848 Not less than £2 _ 1 - — t — 7 G - 7 G — .) — — — .") — — FEES TO BE TAKEN IN THE COURT OF PASSAGE IN ADMIRALTY SUITS.* On institution of suit and summons thereon On every ])r£ecipe „ Warrant against the body or goods or any other Avan-ant Detainer „ Release ,, P)ail bond ,, Subpoena „ Minute of order or decree by Judge, including the entry of the order or decree, if any, ex cept final judgment „ Summons, whether of the Judge or Registrar Setting down cause for hearing For drawing order on final decree or judgment, and signing the same ..... Summons to nautical assessors on the hearing of any cause . For filing any document not being a document annexed to an affidavit . . . . . On the examination of witnesses before the Registrar 1.') 10 * See Amendmunt, p. SiT. Court of Pasmrje.'] 84!) longer than every addi- I)art of an When the sitting is 1 hour then for tional hour, or hour When the Registrar shall be required to attend elsewhere than at the office of the Court, in addition to the above . Mileage one way from the office to place of examination for each mile out of the borough . On administering an oath for each deponent . . . . On every exhibit, including t\\J. £ >■•. '/. £ .s". u - 1 - - 4 - 10 - 1 - - - - - - G - 1 - - 1 - - 1 - - 1 - - 1 - - 1 - - 4 - - 4 — t) — o - - - - 1 - - 1 - _ •-» _ - - 1 - - 1 - - 5 - I - I Com I of Passdije.'] sr»() On examining the documents in a suit in which no proceedings are pending, and which lias been terminated within tlie last 2 years .... Ditto, ditto, if beyond that period Attendance at the bank to receive dividends, transfer, sell, or pur- chase stock, or Exciiequer bills, or convert bills of exchange for suitors ..... For every warrant against the body or goods, or order of sale of vessel On the hearing of every suiL Does not exceed £20. Where the Amount claimed Exceeds £20 and does not exceed £100. - ] (; t. K. (I. 8 •2 (; 10 - Exceeds £100. +• - 10 - IT) IX THE MARSHAL'S OFFFJE. 10 - 10 - - il 15 - - 1 - 10 - - (; - 1 10 - 1 5 - On the execution of every warrant of arrest of a vessel or property On the execution of every war- rant against body or goods Conveyance to gaol, per mile On keeping possession of a vessel or property, to include the cost of a vessel keeper, if required, per day If execution had at a greater dis- tance than T) miles from the Court, reasonable expenses for travelling and maintenance On tlie execution of any other warrant or instrument for which a fee is not specially provided . On delivering up ship or goods to the purchaser, agreealily to the inventory .... On sale of a vessel or property, in- cluding inventory for every £.")() or fraction thereof . n, , i • n ■ ,1 Ifl-s. per cent, on the appraised value of J tne appraiser tor appraisement ' the proi)erty, with reasonable expenses of '1 VPsjRpl innlnflino- in vpnirirv i ^'''^' travelling and maintenance, if the ui .1 \ essei, inciuaing in\ entor) (^ .^.^g^^j jg x^^y^^^^ 3 mjies from the office. - 10 - 9 Cotni of J^isHajc.'] «.")] SCHEDULE II. FEIvS TO r,H TAKEX BY EXAMINERS, COMIMISSIOXERS, A XI) XATTICAL ASSESSORS FOR THEIR OWX USE. 'W'liere the Amount claimed Exceeds tiO Does not and does Exceeds exceed £20. not exceed £100. £100. £ .s". d. £ s. (l. £ s. (1. To examiners or commissioners for examining witnesses, according to the length of time occupied . Xot exceeding 1 hour . . .-:•>(; - 7 - - 10 - AVlien the sitting is more than ] hour, then for every addi- tional hour or part of an hour .-2 (5 -.5- -7- If the examination takes place at a greater distance than 3 miles from the borough, the examiner and commissioner will also be entitled to his proper and rea- sonable expenses for travelling, board and maintenance . To nautical assessors each per day 1 1 - 2 2- I hereby confirm and allow the foregoing table of fees to be taken by the Registrar and Officers of the Court of Record for the Borough of Liverpool, called the " Court of Passage," in respect of the Admiralty .Jurisdiction conferred by the County Courts Admiralty Jurisdiction Act, LSG8. H. A. BRUCE. AVhiti'.hai.l, 5th February, ISO!). SCHEDULE III." FEES TO BE TAKEX BY PRACTITIOXERS FOR THEIR OWX USE BETWEEX PARTY AXI) PARTY. Instructions to sue or defend. Application for substituted service Attendance on the Registrar, filing leaving any praecipe, and obtaining document or instrument for which * When the amount does not exceed £20, see Order of May 30th, 1878, and schedule thereto, p. 855. Lower Scale, not exceeding fiuo. £ s. il. Higher Scale, above i'lOO. £ . - 1 C - Attendance, serving notice or summons on adverse attorney, including copy of such notice or summons . . . . . - 3 G - 5 - Attendance before the Judge in Chambers on a motion or summons , . . . - ?> 4 - (! 8 Attendance in Court at the hearing of a cause, per day . - 1 3 4 1 1 - Attorney's travelling expenses to attend Court or an examiner, where the place of sitting in either case is beyond -) miles of the office one way, per mile . . . . - - G - - G "Where in the opinion of the Registrar he cannot return the same night, in addition to the above mileage lUG lllG Any attendance on an examiner whicli the Registrar may upon taxation think was necessary . . . . . . - a - - 7 - When the attendance is longer than 1 hour, then for every additional hour or part of an hour . . . . . - 4 - - G - Attending Court to support or oppose any application or motion . . . . - G 8 - 1-5 4 Fee to counsel and clerk not exceeding . . 1 3 G 2 4 G Where judgment is deferred, attending Court to hear it - G 8 - G 8 Notice of application for a new trial, or to set aside proceedings, including copies or duplicate originals and service, and attending Registrar therewith, such notices and copies being signed by the attorney . . . - G 8 - 1 3 4 Attendance at the examination of witnesses where the attorney is assisted by counsel, according to the time occupied, not ex- ceeding per day - 13 4 1 1 - Court of Pasmije.'\ Lower Higher Scale, not bcale, exceeding above i'KJO. ilOO. £ y. (1. £ H. a Attendance at the examination of witnesses where the examination is conducted by the attorney alone, according to the time occu- pied, per day . . . . . . \ \ ~ '1 •> - Any attendance which the Registrar may think was necessary . . . . . _ ;) 4 _ i; j^ When the attendance is longer than an hour, then for every additional hour or part of an hour . . , . . , . _ 4 _ _ (^ _ Attendance before the Registrar, or before the Registrar and merchants, on a reference according to the time occupied, the same fees as to the Registrar .... Attendance on taxing a bill of costs . . - 5 - - 7 - IXSTRUCTIOXS. Instructions for declaration or answer . .-(58 - 1 3 4 Instructions for any reply, rejoinder, or subse- quent pleading -34-0 8 Instructions for any special athdavits . . - 3 - - 5 - Pleadings and Affidavits. Drawing preliminary act . . . .-134 1 - - Drawing any affidavit, if not exceeding folios -5-_5_ If exceeding 5 folios, for every additional foHo .' -1-_1_ Drawing any notice of motion and service . - 7 - - 10 - Drawing all necessary bills of costs, per folio . - - 4 - - 4 Drawing all necessary documents, per folio . - 1 - - 1 - Copies. Engrossed copies of every pleading, affidavit or proof, and of any document to be filed and left in the Court, including the carefully collating the same, per folio . . . - - 4 - - 4 Letters, Messengers, &c. Every necessary letter - 2 - - 2 N.B. — No fee to be allowed for perusing letters. Term fee for letters, messengers, &c., during each term in which business is done . . - 5 - - 10 - Plans and charts to be allowed by special order not exceeding 2 2-33- CosTs OF Appeal. Preparing notice of appeal, including copies and service . . . . . .-7--10- Application to stay proceedings . . . - 7 - - 10 - Court of Passage.'] Lower Higher Scale, not Scale, exceeding al)ovo ,£•1110. ,flOO. £ s. (I £ 6-. — i — Transmittiiifi' case and copies, including notice to successful party . . . . . - 5 Application for leave to proceed on judo-ment - 5 - - 7 - Depositing decree or order of Court of Appeal - ;> - - 4 - Costs of the Day ox ADJorux.MKXT. Attending Court - S - 1;! 4 Kefresber fee to counsel and clerk, not exceeding . . . . . . 1 ;5 (! i^ 4 G Witnesses' expenses, same as on trial. N.B. — The Registrar is to tax the bills of costs of defendants upon the lower scale when the suit is for a sum not exceeding £100, and upon the higher scale when it exceeds £100, and the bills of costs of plaintiif's upon the lower scale when the sum recovered does not exceed £100, and upon the higher wdien it exceeds £100, unless in either case the assessor shall otherwise order. Costs between Attorney and Client ►Shall be allowed on the above scale, with such additions thereto as the Registrar may on consideration of special circumstances think fit to allow. 8c'AiiE OF Allowance to Witnesses. The same allowance as in ordinary actions in the Court. Travelling expenses, sum reasonably paid, but not more than Gr/. per mile one way. If the witnesses attend in more than one suit, they will be entitled to a proportionate part in each suit only. Percival a. Pickering, Assessor. ORDER AS TO COSTS IN ADMIRALTY. Made and signed the 30th day of May, 1878. Ix all Admiralty actions brought in the Court on and after the date hereof, wherein the sum claimed or recovered does not exceed £20, the fees or costs to be taken by practitioners for their own use between party and party shall be taxed and allowed on the scale in the Schedule III. hereto, and not on the scale upon which the costs in which such actions have heretofore been taxed and allowed. J^rovided that where in any action a less sum than £10 is recovered, the taxing officer may, in his discretion, allow a smaller sum in respect of any item in the scale of fees in the schedule above-mentioned than is therein specified. I'rovided also that the Judge may, in his discretion, in any particular case, direct that the costs be taxed and allowed upon a higher scale. And it is ordered that Order 1)7 of the Admiralty Orders of 18G9, and the schedule the eto, be amended accordingly. T. HENRY BAYLIS, The Assessor and Judge of the said Court. Couii of Paffsage.1 S.").") SCHEDULE III. Instructions to sue or defend ..... Application for substituted service ..... Attendance on the Kegistrar, filing and leaving any precipe, and obtaining the document or instrument for which the precipe was required, including getting the seal of the Court affixed Or upon any special application (in the discretion of the Registrar) ........ Attendance entering a cause for hearing . Any attendance which the liegistrar may think was neces sary Examining and takiug minutes of each material witness afterwards allowed by the Registrar .... If above (i folios allowed on taxation for every additional folio Drawing brief, per folio ....... Or such lump sum as the liegistrar on taxation shall deem proper. Copying brief, per folio, and necessary documents to accom- pany same ......... Attending counsel .... . . . Fee to counsel and clerk If conference with counsel allowed, appointing it and attending ......... Fee to counsel and clerk . ...... Attendance serving notice or summons on adverse solicitor, including copy of such notice or summons . Attendance before the Judge in Chambers, on a motion or summons ......... Attendance in Court at the hearing of a cause, per day Solicitor's travelling expenses to attend Court or an examiner where the place of sitting in either case is beyond 3 miles of the ofiice, per mile, one way "Where in the opinion of the Kegistrar he cannot return the same night, in addition to the above mileage . Any attendance on an examiner which the Registrar may upon taxation think was necessary . . . . When the attendance is longer than 1 hour, then for every additional hour or part of an hour Attending Court to support or oppose any application or motion ........ Fee to counsel and clerk not exceeding . . . . "Where judgment is deterred attending Court to hear it Notice of application for a new trial or to set aside pro- ceedings including copies or duplicate originals and service and attending Registrar therewith, such notices and copies being signed by the solicitor Scale where the Amount does not exceed i'iiO.* £ S. (L - 2 - - 2 - 1 () 13 — — »> - C 8 1 1 - - 4 - -34 See Ameudmeut, p. 847. Court of Passage.'] 85G Scale where the Amount does not exceed £'ZQ. Attendance at the examination of witnesses where the solicitor is assisted by counsel, accordinii; to the time occupied, not exceeding per day Ditto, ditto, where the examination is conducted by the solicitor alone, according to the time occupied, per day Any attendance which the Registrar may think was necessary ......... When the attendance is longer than an hour, then for every additional hour or part of an hour Attendance before the Registrar, or before the Registrar and merchants, on a reference according to the time occupied, the same fees as to the Registrar. Attendance on taxing a bill of costs . . . . - 10 d. l;) 4 IXSTRUCTIONS. Instructions for declaration or answer ..... Instructions for any reply, rejoinder or subsequent pleading Instructions for any special affidavits .... :5 4 •> _ Plkauixgs and Affidavits. Drawing preliminary act .... Drawing any affidavit, if not exceeding 5 folios If exceeding 5 folios, for every additional folio Drawing any notice of motion and service Drawing all necessary bills of costs, per folio . Drawing all necessary documents, per folio Copies. Engrossed copies of every pleading, affidavit or proof, and of any document to be filed and left in the Court, in- cluding the carefully collating the same, per folio . Letters, Messengers, &c. Every necessary letter N.B. — No fee to be allowed for perusing letters . Term fee for letters, messengers, &c., during each term in which business is done ...... Plans and charts to be allowed by special order not ex- ceeding ......... ;) 4 1 - Costs of Appeal. Preparing notice of appeal, including copies and service Application to stay proceedings Transmitting case and copies, including notice to successful party _ Application for leave to proceed on judgment . Depositing decree or order of Court of Appeal . _ ■> _ Court of Passage.'] S.")? Costs of thk Day ox Ad.jouiix.mkxt. Scale where the Amount does not exceed £-20. £ .s. (L Attending Court . . . . . . . . _ ;, _ Refresher fee to counsel and clei'k not exceeding . . 1 ;] Witnesses' expenses same as on trial. T. TTEXRY BAYLLS, Assessor and Judge. TABLE OF FEES. TO BE TAKEX BY THE RECJLSTRAR OF THE COURT OF PASSAGE OF THE BOROUGH OF LIVERPOOL AND BY THE OFFICERS OF THE SERGEAXT-AT- MACE. (January, 1877.) Writs. Where the Amount claiuied is* Over £b aud does not exceed X'20. „ „. d. On the issue of every writ of summons . . - o - On the renewal or amendment of same . . - 2 - Every writ of subpoena, or order for the attendance of witnesses . . . . ~ 2 - Every writ of inquiry, and the executing and perfecting of same (exclusive of the fee paid to the jury) - 7 (5 Every writ of execution (including the warrant thereon) - 2 - Every other writ . ArPEARAXCES. On every appearance, where but 1 defendant . - 1 - Same, where more than 1, for each additional defendant . . . . . . - - (! Over f 20. £ s. d. ■2 G 10 - — t) — - - ;) - - 1 Affidavits and Filixg of Docr:MEXTS. Oath to affidavit ...... On every exhibit or document attached to an affidavit ....... On the filing of every affidavit, consent, notice of motion, statement of claim, defence, or other document of similar form where necessary - 1 - - 1 - 1 * See Amendment of July 30th, 1SS4, p. 847. Court of PasscKjc.'] SoS Sr.MMOXS, lil'LES, AND ORDERS. Where the amount claimed is Over £5 and does not Over £20. exceed £-20. £ .S-. (I. £ cS. (I. Every summons or oi'der . . . . - 1 - - 2 For drawing up every ordinary rule For every special rule '> _ - ij - Taxation of Costs. On the taxation of every bill of costs not exceeding £5 in amount, as taxed . .-10 - '1 - Exceeding that amount, for every £.') in addition - - C - - JuDfr:\rEXTS. On the entering or signing of every judgment - 3 - - 5 - Copies. For an otlice copy of any document or pro- ceeding in the English language, per folio - ~ ?> - - 4 For same in any foreign language, or of shorthand writers, or reporters' notes, or of translations, in addition to the above fees, the charges of the copyist, shorthand writer, reporter, or translator, as allowed by Registrar. The Trial. On the setting down of every cause, demurrer, special argument, or motion . . . - 3 - - o - On every cause to be tried by special jury, (payable on notice being given to Registrar to summon same) . . . ..1--2-- To special jury (payable on the notice being given as above-mentioned) . . . ("> - - On every trial by common jury, or by Judge alone (from the party succeeding in the action, and exclusive of the jury fee) . . - 10 - To common jury on trial or inctuiry in each case On the hearing of every demurrer or special argument (from the party succeeding on the same) - a - - 7 G References, Exajiination of Witnesses, Takixc^ of Account, &c. On every reference, inquiry, examination, or other special matter referred to the Regis- trar or deputy, for every hour . . .-70 - 1 - IT) - - - « - Cuurt of Passage.'] 85'.> \Vhei"e the amount claiuied is Over £5 and does not Over £20 exceed £-20. £ S. d. £ S. d. "When elsewhere than at the office of the Court, with iiiileage one way for every mile beyond the borough, ikJ. On appointment for any reference, examina- tion, &c -1--1- ISSUE OF COJIMISSIOX. On the issue of every commission, including the settling of the interrogatories if necessary - 1(> - - !."» - Ceiitificate of Kegistuak. For every certificate of the Registrar or deputy - ;] - - T) - Allowances to "Writs, Tiiaxs.mis.siox of Recouds, &c. Allowance to every writ of habeas corpus, certiorari, and every other writ, and for recognisance, if necessary . . . . - 5 - - 10 - Return thereto, drawing and engrossing. including parchment, per folio . . . - - 4 - - Exemplification of record, per folio , . - - (J - - 8 For transmitting any transcript of record, in addition to the charge for transcribing . - 7 (I - 1<> - Bail. For every allowance and justification of bail - 5 - - 7 - On every recognisance or bond of any description whatever . . . . - 5 - - 7 - Special Case. On every special case or special verdict (in addition to the charge for engrossing and copying at the rate of 4f/. per folio) from both plaintiff and defendant . . . - o - - 5 - Assessor's Notes. To assessor's clerk for a copy of assessor's notes, per folio --(',--(; On producing same . . . . . - - - 7 Ox Pay3iext ixto or out of Court. On payment of money into or out of Court, including receipt . . . . . - 1 - - 1 - Searches. On every search for appearance . . .--('»--(') On every search if more than 12 months and less than 2 years . . . . . - 1 - - 1 - If more than i' years . . . . . - 1 C - i^ - Court of Passage.'] 8G0 Seal, On affixing the seal of the Court to any document in respect of which a fee is not otherwise charged Ix Admiralty. Not exceed- ing i-20.* £ .S. (1. On every warrant of arrest of a vessel, cargo, or freight . Detainer - 2 (5 Minute of order or decree by Judge, including the entry thereof , - 2 (I On drawing order on final decree, and signing the same Poundage on every £")(), or frac' tion thereof, paid out of Court Summons to assessors or merchants each .... On the hearing of every suit Registrar's fee on attendance at sale of ship or cargo . . - 10 (! On execution of bill of sale, receipt, banking, and distribution of pro- ceeds of sale, payment of dock rent, and other charges upon the vessel, &c., by Registrar . .11- Where the amount claiuied is Over i'o and does not exceed £20. £ ,s-. d. Over £50. £ S. (L - 1 - - 1 - Exceeding £•20 and not ex- ceeding £100.+ £ .V. (1. Over £100.+ £ s. d. - .") - - 7 G - 2 (; - 2 G 10 10 15 - 1 1 _ 2 - 1.") 1 1 3 2 G XoTE. — All plans, sections, models, &c., necessarily prepared for use in the cause, to be paid for according to the actual cost, if the Registrar considers the same reasonable. In cases where the party has been allowed to sue in forma imvperis the fees are not to be demanded or taken. In actions for £5 and under, the fees shall be as follows : — On issue of writ, 2,s. ; appearance, l.s. ; summons or order, l.s. ; on setting down cause, Is. ; judgment, l.s. ; taxation of costs, \s. ; writ of execution, \s. ; certificate of registrar, l.s. ; oath to affidavit, \s. In actions where, upon verdict, County Court costs only are obtained, the Court fee on hearing shall be 5s., and the jury fee, 5.s. .\rrest, or levy on execution Retaining possession per day of '2\ hours Bailiff's Fees.* Over £5 and £5 and under. not exceed- ing £20. Over £20. £ s. d. £ .s'. d. £ s. d ion . - u - - 10 - - 15 - G - - i — * See Amendment, p. 847. ■j" See Amendment, p. 848. Cotirl of Pafiscujc.'] The like where the person placed in possession is kept by the party a^-ainst whom execution issues, or whoso _ ffaol Marshal's Feks ix Ad.miralty. Where the amount claimed ''r.S^f.O SuufolVnft Exceeds exceed idO. ^^^^^^^ ^.^^ £100. £ s. (I £ .s. (I. £ .S-. (1. On the execution of every warrant of arrest of a vessel or property - 1<) - - 1") - 1 - - On the execution of every warrant ao-ainst the body or goods . - 10 - 1 - - 1 H> - On keeping possession of a vessel or property (to include the cost of a shipkeeper, if necessary) ]ier day of 24 hours . . . - 5 - - 7 ('> 7 If execution had at a greater distance than 5 miles from the otRce of the Court, reasonable expenses for traveUing and main- tenance in the discretion of the Registrar .... On the execution of any other warrant or instrument for which a fee is not specially provided ,-;')- - 10 - - 1.) - On delivery up of ship or goods to purchaser agreeably to the inventory . . • .-.")- - 7 (! - 10 - On sale of a vessel or property, for every £")0, or fraction thereof .-;-)- - fi - - D - . , . ,io.s- per cent, on the appraised vaUie of the To the aiipraiser tor appraisement ' property, with reasonable expenses for Of a vessel, including invent017■^-a^.mng^and^ma^^^^ vessel Tonautical assessors and merchants ^ ^^ each per day .... l l - _ - - XIX. CONVEYANCING COSTS. The Solicitors ]Joinnneration Act, 18H1 (sect. 2), empowered the Lord Chancellor, the Lord Chief Justice of England, the Master of the Rolls, and the president for the time heinj? of the Incorporated Law Society, and the president of one of the provincial law societies, to make a General Order for prescribing; and regulatinsi" the remunera- tion of solicitors in conveyancinEj matters, and also in respect of other business, not being business in any action, or transacted in any Court, or in the Chambers of any Judge or ^Master, and not being otherwise contentious business. The Order made under the Act ]>rovides only for the remuneration of solicitors in conveyancing matters. The intention of the statute, and of the Order, was to increase the allow- ances to solicitors in conveyancing matters, so as to compensate them for the reduction in the length of conveyancing instruments and other documents, caused by the Conveyancing Act, ISSl . The ( )rder applies to charges in conveyancing matters which take place in an action, as well as to those out of Court.* The princii)le on which the remuneration is based is percentage, unless the solicitor before undertaking any business, by Avriting com- municated to the client, elect that his remuneration shall be accoi'ding to the system existing before the Order came into force, as altered by Schedule IL The election for Schedule IL is too late after any business is done by the solicitor which the scale covers : Be Allen, iU C. I). 4^];5. It was held by the Court of Appeal (/n re JIahon, C. D. ISH". (1), r)07+) that a case for the opinion of counsel is a " document " within the meaning of Schedule IL, and that a solicitor was entitled to 2.v. per folio for drawing it, if not unnecessarily long ; that an attendpce of a solicitor or his clerk for a merely formal purpose, such as deliver- ing papers, was not an attendance within the meaning of the rule, for which the solicitor was entitled to charge lo.s., and that 'As. Ad. Avas properly allowed by the Taxing ]\Iaster for such an attendance. The discretionary power to " increase or diminish " the charges was held to apply to all the items in the schedule. Section .") 'enacts that— " Any (leneral Order under this Act may authorise and regulate the taking by a solicitor from his client of security for future remuneration in accordance with any such Order,^ to be ascertained by taxation or otherwise, and the allowance of interest." Section K enacts— (1.) " With respect to any business to which the foregoing provisions of this Act relate, whether any < leneral Order under this Act is in operation or not, it shall be competent for a • Stanford v. Roberts, 2G C. D. 155. t But it has been held that an abstract of title is not a document for the perusal of which a solicitor can charge Is. i^cr folio : Ec Parker, 29 C. D. 199. solicitor to make an agreement with his client, and for a client to make an agreement with his solicitor, before or after or in the course of the transaction of any such business, for the remuneration of the solicitor, to such amount and in such manner as the solicitor and the client think fit, either by a gross sum, or V)y commission or percentage, or by salary, or otherwise ; and it shall be competent for the solicitor to accept from the client, and for the client to give to the solicitor, remuneration accordingly. (2.) The agreement shall be in writing, signed by the person to be bound thereby or by his agent in that behalf. (;l) The agreement may, if the solicMtor and the client think tit, be made on the terms that the amount of the remuneration therein stipulated for either shall include or shall not include all oi- any disbursements made by the solicitor in respect of searches, ])lans, travelling, stamps, fees, or other matters. (4.) The agreement may be sued and recovered on or impeached and set aside" in the like manner and on the like grounds as an agreement not relating to the remuneration of a solicitor ; and if, under any order for taxation of costs, such agreement being relied upon by the solicitor shall be objected to by the client as unfaii- or unreasonable, the Taxing blaster or officer of the Court may inrpiire into the facts, and certify the same to the Court ; and if, upon such certificate, it shall appear to the Court or Judge that just cause has been shown either for cancelling the agreement, or for reducing the amount payable under the same, the Court or Judge shall have power to order such cancellation or reduction, and to give all such directions necessary or ])roper for the purpose of carrying snch order into effect, or otherwise consequential thereon as to the Court or Judge may seem fit," Conveyancing.'] 864 I. GEXERAL ORDER MADE IX PURSUAXCE OF THE SOLICITORS RE:\rrXERATIOX ACT, 1881 (44 & 45 YICT. C. 44). 1, This Order is to take eiTect from and after the 81st day of Decemher, ])SSi>, except that Schedule I. hereto siiall not apply to transactions respecting- real property, the title to which has been registered under the Acts of 2.") & 20 Vict. c. .">;!, 2.") Sc 2(i Vict. c. (u , and ;>8 & :5!) Vict. c. 87. ■>. Subject to ■ the exception aforesaid, the remuneration of a solicitor iu respect of business connected with sales, ])urchases, leases, mortgages, settlements, and other matters of conveyancing, and in respect of other business, not being business in any action, or trans- acted in any Court, or in the Chambers of any Judge or ^faster, is to be regulated as follows, namely : — («.) In respect of sales, purchases and mortgages completed, the remuneration of the solicitor having the conduct of the business, whether for the vendor, purchaser, mortgagor or mortgagee, is to be that ])rescribed in Part I. of Schedule I. to this Order, and to be subject to the regulations therein contained, (b.) In respect of leases, and agreements for leases, of the kinds mentioned in Part II. of Schedule I. to this Order, or conveyances reserving rent, or agreements for the same, when the transactions shall have been completed, the remuneration of the solicitor having the conduct of the business is to be that prescribed in Part II. of such Schedule I. (c.) In respect of business not hereinbefore provided for, connected with any transaction the remuneration for which, if com])leted, is hereinbefore, or in Schedule I. hereto, prescribed, but which is not, in fact, completed, and in respect of settlements, mining leases or licences, or agreements therefor, re-conveyances, transfers of mortgage, or further charges, not provided for hereinbefore or in Schedule I. hereto, assignments of leases not by way of purchase or mortgage, and in respect of all other deeds or documents, and of all other busi- ness the remuneration for which is not hereinbefore, or in Schedule I. hereto, prescribed, the remuneration is to be regulated according to the present system as altered by Schedule II. hereto. 3, Drafts and copies made in the course of business, the remunera- tion for which is provided for by this Order, are to be the property of the client. 4. The remuneration prescribed by Schedule I. to this Order is not to include stamps, counsel's fees, auctioneer's or valuer's charges, travelling or hotel expenses, fees paid on searches to public officers, on registrations, or to stewards of manors, costs of extracts from any register, record, or roll, or other disbursement reasonably and properly paid, nor any exti'a work occasioned by changes occurring in the course of any business, such as the death or insolvency of a party to the transaction, nor is it to include any business of a contentious character, nor any proceedings in any Court, but it shall include law stationer's charges, and allowances for time of the solicitor and liis clerks, and for copying and parchment, and all other similar dis- bursements. r». In respect of any business which is required to be, and i$, by special exertion, carried through in an exceptionally short space of Conveyancing.'] SG;") time, a solicitor may be allowed a proper additional remuneration for the special exertion, according to the circumstances. (■-. In all cases to which the scales prescribed in Schedule I. hereto shall apply, a solicitor may, before uiidertakin.fj any business, by writin<;- under his hand, communicated to the client, elect that his remuneration shall be according- to the present system as altered by Schedule II. hereto ; but if no such election shall be made, liis remuneration shall be according to the scale prescribed by this Order. _ 7. A solicitor may acceyit from his client, and a client may give to his solicitor, security for the amount to become due to the solicitor for business to be transacted by him, and for interest on such amount, but so that interest is not to commence till the amount due is ascer- tained, either by agreement or taxation. A solicitor may charge interest at four per cent, joer annum on his disbursements and cosfs, whether by scale or otherwise, from the expiration of one month from demand from the client. And in cases where the same are payable by an infant, or out of a fund not presently available, such demand may be made on the parent or guardian," or the trustee or other person liable. 8. In this Order, and the schedules hereto, the following words and expressions shall have tlie meaning ascribed to them in the ?,vdi sub- section of section 1 of the Solicitors Remuneration Act, 1881, viz. : — solicitor, client, person. SCHEDULE L— PART 1. Scale of Charges ox Sales, Purchases, and Mortgages, and Rules applicable thereto. Scale. (3.) For the (4.) For 10 \ Vr^-,. fi,„ ■IWi and each sub- (1.) For the .^•;-' * °\ )!^.% each sub- sequent 1st £1,000. - l.tmn sequent £1,000 up ±i,uuu. £i,(joo up to to £10,000. £100,000.* Per £100. Per £100. Per £100. Per £100. Vendor's solicitor for negotiating a £ s. (Z. £ s. (7. £ s. d. £ s. d. sale of property by private con- tract . .'. . .l-_i___i0-_5_ Vendor's solicitor for conducting a sale of property by public auction, including the conditions of sale — • When the property is sold .1-- -10- -5- -26 When the property is not sold, then on the reserved price .-10- -5- -26 -13 [N.B. — A minimum charge of £5 to be made whether a sale is effected or not.] Vendor's solicitor for deducing title to freehold, copyhold, or lease- hold property, and perusing, and completing conveyance (includ- ing preparation of contract or conditions of sale, if any) . .110- 1-- -10- -5- Purchaser's solicitor for negotiating a purchase of property by private contract 1--1---10--5- Purchaser's solicitor for investigat- ing title to freehold, copyhold, or * Everv transaction exceeding £100,000 to be charged for as if it v.ere for £100,000. J.C. :] K Con vei/(i)in'/)r/. ] H (i C> 1st ±1,000. i-1^00,1. Per fUX). leasehold property, and preparing and completing conveyance (in- chiding perusal and completion of contract, if any) . . . 1 10 - Mortgagor's solicitor for deducing title to freehold, copyhold, or leasehold property, perusing mortgage, and completing . . 1 10 - Jlortgagee's solicitor for negotiat- ing loan . . . . . 1 - - Mortgagee's solicitor for investigat- ing title to freehold, copyhold, or leasehold property; and preparing and completing mortgage . . 1 10 - Vendor's or mortgagor's solicitor for procuring execution and acknowledgment of deed by a married woman, £2 10s. extra. Per i'l(ii). (3.) For the 4th and each sub- sequent £1,000 up lo £10,000. Per i'lOO. t s. (1. 10 (i.) For each suh- sccjuent £1,0(10 up to £100,000.* Per £100. .£ s. (J. 10 - 5 - - 2 6 10 SPECIMEN TABLE OF COMMISSIOX ACCOliDIXG TO SCHEDULE L, PART 1. TABLE A. Sales, Purchases, and Mortgagks. Considera- tion money. Vendor's or 1 purchaser's I sohcitor for j negotiating a j sale or pur- chase by i)ri- vate contract. Vendor's solicitor for con- ducting a sale by public auction Vendor's, pur- UnderilOO.i ^3 Os. Ocl. Where pro- })erty sold. £3 Os. Od. chaser's, mortgagor's or Where i)ro- mortgagee's perty not sold solicitor for (scale then deducnig or calculated on mvestigatmg reserved price), title, Ac. ; £3 Os. Qd. £3 Os. Od. \ Mortgagee's solicitor for negotiating loans on mortgages. £3 Os. Ocl. £ £ s. d. k. s. d. £ s. d. £ s. d. £ s. d. tioo 5 - - 5 - - 5 - - 5 - - 5 - - 200 5 - - 5 - - 5 - - 5 - - 5 - - 300 5 - - 5 - - 5 - - 5 - - 5 - - 400 5 - - 5 - - 5 - - G - - 5 - - 500 5 - - 5 - - 5 - - 7 10 - 5 - - GOO 6 - - 6 - - 5 - - 9 - - G - - 700 7 - - 7 - - 5 - - 10 10 - 7 - - 800 8 - - 8 - - 5 - - 12 - - 8 - - 900 9 - - 9 - - 5 - - 13 10 - 9 - - 1,000 10 - - 10 - - 5 - - 15 - - 10 - - 1,500 15 - - 12 10 - G 5 - 20 - - 15 - - 2,000 20 - - 15 - - 7 10 - 25 - - 20 - - 2,500 25 - - 17 10 - 8 15 - 30 - - 25 - - 3,000 30 - - 20 - - 10 - - 35 - - 30 - - 3,500 32 10 - 21 5 - 10 12 G 37 10 - 31 5 - 4,000 35 - - 22 10 - 11 5 - 40 - - 32 10 - 4,500 37 10 - 23 15 - 11 17 G 42 10 - 33 15 - 5,000 40 - - 25 - - 12 10 - 45 - - 35 - - 5,500 42 10 - 2G 5 - 13 2 G 47 10 - 36 5 - cooo 45 - - 27 10 - 13 15 - 50 - - 37 10 - G,500 47 10 - 28 15 - 14 7 G 52 10 - 38 15 - 7,000 50 - - 30 - - 15 - - 55 - - 40 - - 7,500 52 10 - 31 5 - 15 12 G 57 10 - 41 5 - 8,000 55 - - 82 10 - IG 5 - GO 3 - 42 10 - n * Every transaction exceeding £100,000 to be charged for as if it were for £100,000. t Intermediate amounts have to be calculated having regard to Rule 7, p. 8G8, fractions under £50 being reckoned as £50 and over £50 as £100. Conrfijanria(i.~\ 80 TABiiH A. {coiUiiiKed.) Considera- tion uioney. Vendor's or pnrcliaser's solicitor for negotiating a sale or pur- chase by pri- vate contract, i Under tlUO.; £3 Os. Qd. Vendor's solicitor for con- Vendor's pur- ducting a sale by public chaser's, | auction . .mortgagor's or mortgagee's solicitor for deducing or investigating title, &c. £3 Os. OfZ. : Where pro- perty sold. £3 Os. M. 1 Where pro- perty not sold j (scale then calculated on reserved price) £3 Os. m. Mortgagee's solicitor for negotiating loans on mortgages. £3 Os. Qd. ,£ k. s. d. . £ s. d. £ .S-. d. k s. d. £ s. d. 8,500 57 10 - 33 15 - 16 17 6 62 10 - 43 15 - 9,000 60 - - 35 - - 17 10 - 65 - - 45 - - 9,500 62 10 - 36 5 - 18 2 07 10 - 46 5 - 10,000 65 - - 37 10 - 18 15 _ 70 - - 47 10 - 11.000 67 10 - 38 15 - 19 7 6 72 10 - 48 15 - 12.000 70 - - 40 - - 20 - 75 - - 50 - - 18,000 72 10 - 41 5 - 20 12 6 77 10 - 51 5 - 14,000 75 - - 42 10 - 21 5 - 80 - - 52 10 - 15,000 77 10 - 48 15 - 21 17 82 10 - 53 15 - 10,000 80 - - 45 - - 22 10 - 85 - - 55 - - 17,000 82 10 - 46 5 - 23 2 6 87 10 - 56 5 - IS.UUO 85 - - 47 10 - 23 15 - 90 - - 57 10 - 19,000 87 10 - 48 15 - 24 7 6 92 10 - 58 15 - 20,000 90 - - 50 - - 25 - - 95 - - 00 - - 21,000 92 10 - 51 5 - 25 12 97 10 - 01 5 - 22,000 95 - - 52 10 - 26 5 - 100 - - 62 10 - 23,000 97 10 - 53 15 - 26 17 102 10 - 63 15 - 24,000 100 - - 55 - - 27 10 - 105 - - 65 - - 25,000 102 10 - 56 5 - 28 2 6 107 10 - 66 5 - 26,000 105 - - 57 10 - 28 15 - 110 - - 67 10 - 27.000 107 10 - 58 15 - 29 7 6 112 10 - 68 15 - 28,000 110 - - 60 - - 30 - - 115 - - 70 - - 29,000 112 10 - 61 5 - 30 12 6 117 10 - 71 5 - 80,000 115 - - 62 10 - 31 5 - 120 - - 72 10 - 81,000 117 10 - 63 15 - 31 17 6 122 10 - 73 15 - 82,000 120 - - 65 - - 32 10 - 125 - - 75 - - 83,000 122 10 - 66 5 - 33 2 C, 127 10 - 76 5 - 81,000 125 - - 67 10 - 33 15 - 130 - - 77 10 - 85,000 127 10 - 68 15 - 34 7 6 132 10 - 78 15 - 86,000 130 - - 70 - - 35 - - 135 - - 80 - - 87,000 132 10 - 71 5 - 35 12 6 137 10 - 81 5 - 88,000 135 - - 72 10 - 36 5 - 140 - - 82 10 - 89,000 187 10 - 73 15 - 36 17 6 142 10 - 83 15 - 40,000 140 - - 75 - - 37 10 - 145 - - 85 - - 41,000 142 10 - 76 5 - 38 2 6 147 10 -. 86 5 - 42,000 145 - - 77 10 - 38 15 - 150 - - 87 10 - 48,000 147 10 - 78 15 - 39 7 6 152 10 - 88 15 - 44.000 150 - - 80 - - 40 - - 155 - - 90 - - 45,000 152 10 - 81 5 - 40 12 6 157 10 - 91 5 - 40,000 155 - - 82 10 - 41 5 - 160 - - 92 10 - 47,000 157 10 - 83 15 - 41 17 162 10 - 93 15 - 48,000 160 - - 85 - - 42 10 - 105 - - 95 - - 49,000 162 10 - 86 5 - 48 2 107 10 - 96 5 - 50,000 165 - - 87 10 - 43 15 - 170 - - 97 10 - 55,000 177 10 - 93 15 - 40 17 6 182 10 - 103 15 - 60,000 190 - - 100 - - 50 - - 195 - - 110 - . - 65,000 202 10 - 106 5 - 53 2 207 10 - 116 5 - 70.000 215 - - 112 10 - 56 5 - 220 - - 122 10 - 75,000 227 10 - 118 15 - 59 7 6 232 10 - 128 15 - 80.000 240 - - 125 - - 62 10 - 245 - - 185 - - 85,000 252 10 - 131 5 - 05 12 6 257 10 - 14] 5 - 90,000 265 - - 137 10 - 08 15 - 270 - - 147 10 - '.)5,000 270 10 - 143 15 - 71 17 6 282 10 - 153 15 - 100,000 290 - -, 150 - - 75 - - 295 - - 100 - - (The above Table is reprinted by permission of the Incorporated Law Society from that in their "Digest, 1889.") 3 K i> Conretjancing.'] 8C8 RULES. 1. The commission for deducing title aud perusing and com- pleting conveyance on a sale by auction is to be chargeable on each lot of property, except that where a property held under the same title is divided into lots for convenience of sale, and the same purchaser buys several such lots and takes one conveyance, and only cne abstract is delivered, the commission is to be chargeal)le upon tile aggregate prices of the lots. 2. The commission on an attempted sale by auction in lots is to be chargenble on the aggregate of the reserved prices. When property ollered for sale by auction is bought in and terms of sale are afterwards negotiated and arranged by the solicitor, he is to be entitled to charge commission according to the above scales on the reserved price Avhere the property is not sold, and also one-half of the commission for negotiating the sale. When property is bought in and afterwards offered by auction by the same solicitor, he is only to be entitled to the scale for the first attempted sale, and for each subsequent sale ineffectually attempted he is to charge according to the present system, as altered by Schedule II. hereto. In case of a subsequent effectual sale by auction, the full commission for an effectual sale is to be chargeable in addition, less one-half of the commission previously allowed on the first attempted sale. The provisions of this Ptule as to commission on sales or attempted sales by auction are to be subject to Rule 2. 3. Where a solicitor is concerned for both mortgagor and mort- gagee, he is to be entitled to charge the mortgagee's solicitor's charges and one-half of those w^hich would be allowed to the mortgagor's solicitor up to £,"),( lOO, and on any excess above £0,000 one-fourth thereof. 4. If a solicitor peruses a draft on behalf of several parties having distinct interests, proper to be separately represented, he is to be entitled to charge £2 additional for each such party after the first. f). Where a party, other than the vendor or mortgagor, joins in a conveyance or mortgage, and is represented by a separate solicitor, the charges of such separate solicitor are to be dealt with under the ■whole system as altered by Schedule II. hereto. 6. Where a conveyance and mortgage of the same property are completed at the same time, and are prepared by the same solicitor, he is to be entitled to charge only half the above fees for investi- gating title, and preparing the mortgage deed up to £6,000, and, on any excess above £0,000, one-fourth thereof, in addition to his full charges upon the purchase-money and his commissions for negotiating (if any). 7. Fractions of £100, under i'oO, are to be reckoned as £50. Fractions of £100, above £oO, are to be reckoned as £100. 8. Where the prescribed remuneration would, but for this pro- vision, amount to less than £o, the prescribed remuneration shall be £5, except on transactions under £] 00, in which cases the remuneration of the solicitor for the vendor, purchaser, mortgagor, or mortgagee, is to be £8. 9. Where a property is sold subject to incumbrances, the amount of the incumbrances is to be deemed a part of the purchase-money, except where the mortgagee purchases, in which case the charge of f Coiu'njaiicinijr^ 8(10 his solicitor shall be calculated upon the price of the equity of redemption. 10. The above scale as to mortgages is to apply to transfers of mortgages where the title is investigated, but not to transfers where the title was investigated by the same solicitor on the original mortgage or on any previous transfer ; and it is not to apply to further charges where the title has been so previously investigated. As to such transfers and further charges the remuneration is to be regulated according to the present system as altered by Schedule II. hereto. But the scale for negotiating the loan shall be, chargeable on such transfers and further charges where it is npplical)le. 1 1. The scale for conducting a sale by auction shall apply onlv in cases where no commission is paid by the client to an auctioneer. The scale for negotiating shall apply to cases where the solicitor of a vendor or purchaser arranges the sale or purchase and the price and terms and conditions thereof, and no commission is paid by the client to an auctioneer, or estate or other agent. As to a mortgagee's solicitor it shall only apply to cases where he arranges and obtains the loan from a person for whom he acts. In case of sales under the Lands (Manses Consolidation Act, or any other private or public Act under which the vendor's charges are paid by the purchaser, the scale shall not apply. 12. In cases where, under the previous portion of this Schedule, a solicitor would be entitled to charge a commission for negotiating a sale or mortgage, or for conducting a sale by auction, and he shall not charge such commission, then he shall be entitled to charge the rates allowed by the first column on all transactions up to £2,000, and to charge in addition those allowed by the second column on all amounts above £2,000, and not exceeding £r),ooO, and further to charge those allowed by the third column on all amounts above £5,000 and not exceeding £r)0,000, instead of the rates allowed up to the amounts mentioned in those columns respectively. SCHEDULE L, PART 2.— First Scale. Scale of Charges as to Leases, or Agreehiexts for Leases, AT Eack Rent (other thax a Mining Lease, or a Lease for Building Purposes, or Agreement for the same). Lessor's solicitor for preparing, settling, and completing lease and counterpart : — Where the rent does not ( £7 10s. per cent, on the rental, but not exceed £100 . . ( less in any case than £5, Where the rent exceeds | £7 10.s. in respect of the first £100 of rent, £100 and does not -^ and £2 lo*-. in respect of each subsequent exceed £500 . .( £100 of rent. / £7 10s. in respect of the first £lOOof rent. Where the rent exceeds J £2 lOs. in respect of each £100 of rent £500 . . .'\ up to £500, and £1 in respect of every i subsequent £100. Lessee's solicitor for | Qne-half of the amount payable to the perusnig draft and ^^^^^^.^ ^oM^xiox. completing . . j Conveyancing.'] 870 SPECLMEX TABLE OF COSTS ACCORDING TO SCHEDULE L, PART 2. TABLE B. EiKST Scale. Rack Rkxt Leases. Kent. Lessor's solicitor for lease and couuterijart. Lessee's solicitor for lierusing and completing. Rent. Lessor's solicitor for lease and counterpart. Lessee's solicitor for perusing and completing. £ £ s. d. £ S. d. £ £ s. d. £ s. d. 6 5 - - 2 10 - 175 9 7 6 4 13 9 10 5 - - 2 10 - 200 10 - - 5 - - •20 5 - - 2 10 - 250 11 5 - 5 12 6 30 5 - - 2 10 - 300 12 10 - 5 - 40 5 - - 2 10 - 850 18 15 - 17 6 50 5 - - 2 10 - 400 15 - - 7 10 - 60 5 - - 2 10 - 450 16 5 - 8 2 6 70 5 5- 2 12 6 500 17 10 - 8 15 - 80 6 - - 3 - - 600 18 10 - 9 5- 90 6 15 - 3 7 6 700 19 10 - 9 15 - 100 7 10 - 8 15 - 800 20 10 - 10 5 - 125 8 2 6 4 1 8 900 21 10 - 10 15 - 150 8 15 - 4 7 6 1,000 22 10 - 11 5 - (The above Table is reprinted by permission of tlie Incorporated Law Society from that in their " Digest, 1889.") SCHEDULE L, PART 2.— Second Scale. Scale of Charges as to Coxveyaxces ix Fee, or for axy other Freehold Estate, Reservixg Rext, or Buildixg Leases Reserving Rext, or other Long Leases not at Rack Rext (except Mixing Leases), or Agreemexts for the same respectively. Yendor's or lessor's solicitor for preparing, settling and completing conveyance and duplicate, or lease and counterpart : — Amount of Annual Rent. Amount of Remuneration. Where it does not exceed £5 Where it exceeds £5 7 and does not exceed ) Where it exceeds £50 and does not exceed £50 £150 Where it exceeds £150 The same payment as on a rent of £5, and also 20 per cent, on the excess beyond £5. The same payment as on a rent of £50, and 10 per cent, on the excess beyond £50. The same payment as on a rent of £150, and 5 per cent, on the excess beyond £150. Where a varying rent is payable, the amount of annual rent is to mean the largest amount of annual rent. Purchaser's or lessee's ) ., ^ ^c c >.\ i. n ^.^ *.i ^ solicitor for perusing P^^^'^'f ,«^ ^\^ amount payable to the draft and completing.) vendor s or lessor s solicitor. * Intermediate rentals have to be calculated having regard to Rule 6, p. 871, fractions of £5 being reckoned as £5. ConvPijiDic'niij.'] 871 SPECIMEN' TAHLE OF COSTS ACCOKDIX<; TO SCHEDULE T., PART -2. TAIJIJ-: C. Skcoxd Scai.k. lU'ii.nrxf; or Ix>X(; Lkasks. Vendor's or Vendor's or lessor's Purchaser'.s or lessor's rurchaser's or solicitor for lessee's solicitor for lessee's Kent. conveyance solicitor for Bent. conveyance solicitor for and fluplicate, perusinfj and and duplicatf-, perusing and or lease and couipleting. or lease and completing. counterpart. counterpart. & £ s. d. £ s. d. & £ s. d. £ s. d. 5 5 - - 2 10 - lib 25 5 - 12 12 10 6 - - 3 - - 200 26 10 - 13 5 - »20 8 - - 4 - - 250 29 - - 14 10 - 30 10 - - 5 - - 300 31 10 - 15 15 - 40 12 - - 6 - - 350 34 - - 17 - - 50 14 - - 7 - - 400 36 10 - 18 5 - 60 15 - - 7 10 - 450 39 - - 19 10 - 70 16 - - 8 - - 500 41 10 - 20 15 - 80 17 - - 8 10 - 600 46 10 - 23 5 - 90 18 - - 9 - - 700 51 10 - 25 15 - 100 19 - - 9 10 - 800 50 10 - 28 5 - 125 21 10 - 10 15 - 900 61 10 - 30 15 - 150 24 - - 12 - - 1,000 66 10 - 33 5 - (The above Table is reprinted by permission of the Law Society from that in their " Digest, 1889.") RULES APPLICABLE TO PART 2 OF SCHEDULE I. As to all Leases, or Conveyances at a Rent, or Agreements for the same, other than Mining Leases and Agreements therefor. 1. "Where the vendor or lessor furnishes an abstract of title, it is to be charged for according to the present system as altered by Schedule II. 2. Where a soHcitor is concerned for both vendor and purchaser, or lessor and lessee, he is to charge the vendor's or lessor's solicitor's charges and one-half of that of the purchaser's or lessee's solicitor. 3. Where a mortgagee or mortgagor joins in a conveyance or lease, the vendor's or lessor's solicitor is to charge £1 Is. extra. 4. Where a party other than a vendor or lessor joins in a con- veyance or lease, and is represented by a separate solicitor, the charges of such separate sohcitor are to be dealt with under the old system as altered by Schedule II. 5. "Where a conveyance or lease is partly in consideration of a money payment or premium, and partly of a rent, then, in addition to the remuneration hereby prescribed in respect of the rent, there shall be paid a further sum equal to the remuneration on a purchase at a price equal to such money payment or premium. 6. Fractions of £5 are to be reckoned as £b. * Intermediate rentals have to be calculated having regard to Rule 6, below. Conrei/ancing.'] ^~'2 SCHEDULE II. Instructions for and I^kawing and Perusing Deeds, Wills, and othkr documents/'" Such fees for instructions as, haviiii;- re^i-ard to the care and labour required, the number and lengths of the papers to be perused, and the other circumstances of the case, may be ftiir and reasonable. In ordinary cases, as to drawing, &c., the allowance shall be — For drawing :?-^^ per folio. For engrossing .....•• ^'f- •» ?• For fair copying. ...... ■i(f- „ „ For perusing! l-"*- r> ?» Attendances. s. d. In ordinary cases . . . . • • • ".^P." In extraordinary cases the Taxing Master may increase or diminish the above charge, if for any special reasons he shall thiidv fit. Abstracts of Title (where not covered by the above Scales). s. d. Drawing each brief sheet of 8 foHos 4 £:3G IT) - XoTE. — From the above form, with the assistance of the tables of scale charges at p. 8G5 to p. 871, any other scale bill of costs can be drawn. The account of £7 3s. 46?., for other charges relating to this matter, is of course insufficient if the solicitor has to take proceedings to enforce payment. In such a case a signed bill, with the items set out according to Schedule II., must be delivered. Schedule I. does not apply to work done respect- ing real property, where the title has been registered. See General Order, clause 1, p. 804. II. COXVEYAXCIXG CHARGES AXD BILLS OF COSTS WHERE THE SCALES UXDER SCHEDULE I. ARE XOT APPLICABLE.! 1. GEXERAL CHARGES. £ ... d. Letters, common . . . . . . . . - 3 G Letters, special - 5 - Instructions for deeds, &c. (or more, according to the circumstances of the case) . . . . . . - 10 - * See General Order, clause 4, p. 864, as to disbursements chargeable beyond the scale allowances. t See Schedule 11., p. 872. Conveijanciivj.'] 874 .^. d. •> _ - !S - 4 - 10 t - 1.") - 10 - - 4 - C •> _ - 4 C H (') S :; 4 10 - Drawing, per folio En^rrossiiiir, per folio .... Fair copy, per folio Attcndiiiir to stamp (if stamp los. or more) Parchment, per skia .... Perusin«r documents, when drawn by another solicitor, pei folio • Examining the engrossment with draft, i)er bkin oi V. folios-' Attendance, per hour, giving examination of deeds . Attendance, i)er hour, examiiiinir deeds (if by principa and clerk) ........ Attesting execution! Copies to keep, per foliu ...... Attested copies of deeds, per folio .... Drawing case, per foliot Fair c-(jpy, per folio Attending counsel therewith 1 )rawing abstract, per sheet of 8 folios Fair copy, per sheet. ...... Instructions for declaration under the Abolition of Oaths A Drawing declarations, per folio .... Engrossing same, per folio Attending reading over declarations, and getting same declared ........ Drawing requisitions, per folio .... Fair copy, per folio Perusing abstract, for every 3 sheets Attending counsel to advise on same, and to pay fee (ii ^Master's discretion, if fee £") ,js. or more) Ordinary attendances, per hour .... Attending searching for judgments, crown debts, ui annuities^ Search Attending making search at the Middlesex registry for incumbrances, and afterwards inspecting memorials|| Attending reading over and attesting execution of deed Attending completion Journeys, per day* . jMemorial : — I)rdwing, ])er folio Engrossing, per folio . l^archment and stamp (as paid) Attesting execution Attending to register . Paid . ' . * No charge is made for examination of the draft with the engrossment by the party who draws the deed. f If several attendances necessary on several parties, 10s. each. + In re Mahon, C. D. 1893 (1), 507. 5i 10s. each name is generally allowed, or, where the names are numerous, then 10s. for each hour engaged. II 10s. each hour engaged. *', Not less than 7 hours being employed on business or in travelling. If less than 7 hours so employed, per hour 15s. Schedule II., p. 872. — - — - - 8 - 10 - - 2 - - - 4 - <; 8 - 10 - - 10 - - 1 - - 10 - - 10 - - 10 - 6 5 - _ •> — - s - - 10 - - 10 - Conrct/anriiiij.'] 2. LESSOR'S COSTS OF SHORT LKASK AXI) COUXTEHI'AKT. 18 . Jan. 10. Attending- takintr instructions for lease of house at C, for 7 years from Ciiristmas last, at £ per annum ......... Drawing' same, per folio ...... Fair copy for perusal, per folio Feb. 2. Letter to ]\Ir. S. (lessee), with draft for perusal, and clerk's attendance therewith .... jNIarch 2 k Perusint;- di'aft received from ]\Ir. S. approved subject to alterations, and considering same Attendinu' him thereon discussinu' the various alterations desired, and finally settling- draft 31. Fuurossin^' lease and counterpart (8^/. per folio) . Attending- Stamp Office to stamp same'* Paid stamps (as paid) and parchment (os. each skin) Letter to ]Mr. S. with en,tiTossment and counterpart for examination, and requestiny' he would call and execute same and exchan,t>-e for lease and settle business, and clerk's attendance ....... Attending- iliss E. (the lessor) obtaining- and attestin.u- execution of leasef ....... Attendinii' Mr. S. (the lessee) obtaining- and attestinu' his execution of counterpart, and settling;- business Letters, itc. . £ .S-. (I. - 10 - - 2 - ~ ~ A - C 8 - i; 8 - 10 - - G 8 C, 8 10 - 10 - 5 - 3. LESSEE'S COSTS OF LEASE. Instructions to peruse and settle lease . . . . - 10 - Perusinu' same and making alterations therein, per folio . - 1 - Fair copy to keep, folios 20 (4-f/. per folio) . . .-08 "\Tritin folios . . . . . . . . .-34 Attending on execution of counterpart . . . . - 10 - Attending exchanging lease for counterpart . . . - 10 - Letters and messengers . . . . . . . - f) - If lease registered : — Drawing memorial, folios 8 (2.s. per folio) . . . - 1 G - Engrossing same (per folio 8^/.) . . . . . - .') 4 Paid for stamp and parchment . . . . .-.">(> Attending execution of memorial . . . . . - lo - Attending to register lease and afterwards for same . . - 10 - Paid registering (as paid) ...... * Only allowed where the stamp amounts to 10s. t Attesting each signature, if at different times, 10s. Conveijancin(j.'\ 876 4 PURCHASER'S COSTS OF PURCHASE PROPERTY. OF LEASEHOLD Attendin.s: you in consequence of a purchase made by you of leasehold premises at Q., and takinu' instructions to peruse abstract of the vendor's title .... Perusinji- the abstract, which I considered necessary to lay before a conveyancer to advise on the title ( sheets='=) Drawinu- and fair copy instructions for !Mr. H. to advise on title, to accompany abstract, per folio Fee to him therewith, and clerk (as paid) Attendins;- himj: Attendinj;- the vendor's solicitor, examininji- the abstract with the title-deeds (self and clerk enu-a^-ed hours!) Attendinu- the vendor's solicitor again, com]tletinu- the examination (engaged hourst) .... Drawing requisitions on title, per folio Fair copy (4rf. per folio) Instructions for the assignment .... Drawing same (25. per folio) . . . . . Fee to Mr, H. to peruse and settle, and clerk (as paid) Attending him:j: Paid stamps (as paid) and parchment (.")«. each skin) Fair copy thereof as settled, for ])erusal of the vendor' solicitor {-^iJ. per folio) Attending him therewith Perusing and considering the alterations made by th vendor's solicitor in the draft .... Engrossing the assignment (8f/. per folio). . _ . Paid stamps (as paid) and parchment (5s. each skin). Attending Stamp Office Attending the vendor's solicitor with draft and engrossment for examination previous to execution . Writing Mr. K., auctioneer, apprising him of th appointment to complete purchase Attending all the parties and attesting their execution to the deed, and drawing undertaking of the vendors to pay the rent and taxes up to Christmas last, and the purchase was completed Letters, &c £ s. 10 G 8 _ •> - 10 G 8 G 8 - G 8 G 8 -86 5. COSTS OF ASSIGNMENT OF LEASE BY INDORSEMENT. £ 5. d. Instructions ibr assignment of premises at B., from Mr. C, by indorsement ...... Drawing same {2s. per folio) .... Fair copy for [jcrusal {-id. per folio) . Attending therewith for perusal Engrossing assignment (hd. per folio). - 10 - 6 * 6s. 8d. for every three sheets. t 10s. for every hour engaged, if solicitor and clerk. \ Or if £5 5s. and upwards, according to the amount, see Schedul II., p. 872. Convoi/michuj.'] S77 £ .s. fl. Paid duty (as ])aid). Attendinu- to y-et the duty atHxed - 8 Attending attesting execution of assignment by all parties, and finally settling the matter - 13 4 Letters, &c - o - 0. COSTS OF PREPARIXG A WILL. Attending taking instructions for will"- . Drawing same {2s. per folio). . Fee to Mr. H. to settle (as paid) Attending him (See p. 872) Fair copy for your perusal {id. per folio) . Attending several times reading over and mali tions therein, each attendance Engrossing will for execution (8d. per folio) Attending attesting execution of will Letters, &c. ...... in<>- altera - 10 - - C. 8 - 10 - - 10 - - 5 - I ;5 4 5 — 3 G 7. COSTS OF A SPECLIL SETTLEMEXT OX MAPPJAGE OF A DAUGHTER, WITH APPOIXTMEXT BY PARENTS UXDER THEIR SETTLEMEXT.f £ s. d. IK . Jan. 4. In consequence of a letter from you, announcing the contemplated marriage of your daughter, perusing and considering your settlement to ascertain her interest in the property proposed to be put into settlement .....-••• Writing you thereon and in replv to yours fully Mr. lT.,Vf the firm of T. and Co. (Mr. S.'s solicitors), having called at our office during our absence, writing him appointing to see him on Saturday . . . • 6. Attending him accordingly in the city hereon, and dis- cussing Mr. S.'s proposals and generally as to the mode of carrying out the settlement (engaged nearly 2 hours) • Writing you fully on this interview, and for instructions on certain details ....••• 8. Writing you in reply to yours of yesterday, as to the satisfactory nature of Mr. S.'s proposals. . . _ . 9. Mr. W. having sent us proposals, perusing and consider- ing same . . . . • • • • Drawing proposals on your behalf, and copy (folios lo) . Writing you therewith and fully thereon, and as to a per- sonal interview with you respecting same 1 - — o — -08 1 3 4 * Or more according to circumstances. See Schedule II., p. 872. t The i^racticc is for the ladv's solicitor to draw the settlement, and for the husband to pay for it : Kcli^s v." Clayton, 17 C. B. (N. S.) 553. Convoijdiirintj.^ 878 £ .s\ (1. 11. Yuii havini,' iip])rovtHl the siiij-gested proposals, making- copy thereof for ,^^r. U. as altered (folios 7) . . .-24 "Writing him therewith and fully thereon, in ajiproval of ^Ir. S.'s i)ro])()sals - :> - l;5. Drawing abstract of your marriage settlement and fair copy, 1(! brief sheets (of 8 folios) . . . . s - - AVriting Messrs. T. and Co. therewith and attendance . - 10 - Attending appointing conference with Mr. M. on these marriage settlements - C. 8 Attending same - 1 ;> 4 Conference fee to him and clerk 1 C - 24. Having received a letter from ]\Ir. U. finally assenting to our ])"roposals, making 2 copies thereof (folios o each), 1 for you, and 1 for ^Ir. ^I - 2 - "Writing you with 1 copy - ;5 . Instructions ft)r settlement ...... ])rawing same and fair copy, at per folio .... Fee to ^fr. ^I. to settle same, and clerk .... Attending him Instructions for appointment by you and ]Mrs. II. under your marriage settlement ...... Drawing same and copy, at per folio .... Fee to Mr. ]\I. to settle same, and clerk .... Attending him ........ "Writing you that drafts had been prepared, and for infor- mation on cci'tain points . . ... Attending a]ipointing conference with ^\\\ ]\I. thereon 2;i. Attending the conference ...... Conference fee to ^fr. ]\I. and clerk ..... Copy draft Xo. 1 for perusal of Mr, U. (folios ), at ])er folio --4 Copy draft Xo. 2 for ])erusal of ^Iv. U. (folios ), at per folio -_4 "Writing Mr. U. therewith and attendance. . . . - (> 8 ?A). Attending IVfr. U. on his calling and stating he re- quired an abstract of the deed of further charge, whereby priority was given to Mr. H. over trustees of your marriage settlement . . . . . . . - 10 - "Writing you fully thereon . . . . . .-,')- Drawing abstract of deed of further charge and fair copy (folios ), at per brief sheet - 10 - :>]. AVriting Mr. U. with abstract, and attendance . .-(18 Feb. 1. Attending him on his calling, as to the sufHeiency of the mortgages for the sums advanced and as to the non-necessity of his inquiring thereon . . . . - 10 - Attending him afterwards by ai)pointment, in the city, on the result of his intervening interview with ]\Ir. P. in respect to his difticulty, when we found that he had determined not to discuss same any further . . . - 1:5 4 2. Attending at ^\\\ D.'s chambers to meet ]Mr. U. pur- suant to ai)pointment to settle drafts, when, after some discussion, .^^r. 1). handed us draft settlement, with sundry alterations therein, upon which we deemed it necessary to see ^\v. ^\ - 1 ;; 4 10 - •) 4 10 - l;5 4 10 _ •> 4 (; 8 i; 8 l;! 4 i; — ConreyanriiKj.'] s7:i (L Attending; Mr, M. in conference upon ^Mr. D.'s alterations, and iToini;: throuy'h draft with him, when he decHned to consent to such akeratiouR . . . . . . - 1:5 4 Conference fee to him and clerk . . . . . 1 (I - Attendinii' Mr. 1). aij-ain thereon and, on his still adherini^- to his alterations, sufiiiestinu' a conference with ]\[r. M., and afterwards attending' him and ]\Ir. ^f. in conference upon .Mr. D.'s alterations, when, after a lonu- discussion, he at last u-ave them uj) (enizau'ed from H) till •2) . . 2 - - Consultation fee to ^[r. M. and clerk . . . .21- Attendinii' afterwards in the city on ]Mr. U. pointinu' out to him the heavy stamp-duty payable on settlements in duplicate, when he determined to have only one oritiina} of each deed, to be deposited at a banker's, and fair copies made for each of the parties, and writing- you thereon . . . . . . . . . - 1 ;> 4 Attending- you conferrin,- EniiTossinu" settlement (folios ), at per folio . . . - - 8 Paid stamps (as paid) and parchment (5s. each skin) Attendinu' stampinii" . . . . . . . - ('» 8 En, 8 Attending two clerks from Messrs. T. and Co., on their examining abstracts with deeds (engaged 2 hours) . 1 - - 5. Journey to C. with settlements to be executed, when same signed by you and ^Mrs. and Miss H. and Mr. H. G. 8. (2 days) (see Schedule II., p. 872) Railway fares and expenses (as paid) Writing ]\Iessrs. T. that we would attend any appointment they might make, to obtain signatures of trustees . . - ;; (> May 14. Writing Messrs. T. with settlements, and request- ing a])pointment for execution of deeds by Mr. P. and Mr. S - '5 <; 18. Attending their clerk on his calling to inspect settle- ments, to see by whom they were executed . . . - 10 - June 11. Drawing notice to be indorsed on your settle- ment, of exercise of power of appointment in favour of your daughter, and assignment of appointed share to trustees of the latter's settlement, and copy, at ]ier i^olio - 2 - 2X. Indorsing notice of appointment on your marriage settlement and duplicate, at per folio . . . . - - 8 Co])y settlement for use of trustees {\d. per folio) July 21. Writing Mr. L. with copy of settlement . . - :5 (J Writing ]\[essrs. T. for appointment to obtain Messrs. S. and P.'s signatures to deeds - ;> (J Subsequent letters and attendances to obtain same . .11- Letters, messengers, cab-hire, and petty disbursements . 1 - - Ccnvpyannn[j.'] 880 10 8. PURCHASER'S SOLICITOR'S COSTS OX PURCHASE OF A FREEHOLD. £ s. (I June. Atteiiclinti- you on your handing' to rae duplicate contract, and takinji' instructions to peruse abstract, which you had directed should be forwarded to rae On receipt of abstract, writinu" makinu- appointment to examine same with the deeds Attending- examination thereof (engag-ed ;i hours, self and clerk) • Perusing- and considering- abstract, 2 8 sheets ((is. >>d. for every ;> sheets) "Writinu- vendor's solicitor to know whether premises still insured, and whether purchaser considered entitled to the policy • • Attendinir searching at registry of ^liddlesex office for incumbrances (Ids. each hour engaged). Paid search (as paid) Attending inspecting memorials (Gs. ^d. each hour en gaged). ........ Paid references (as paid). Drawing requisitions upon title, per folio. Instructions for Mr. to peruse abstract of title on your behalf, and settle requisitions . Attending him therewith and for same . Paid his fee and clerk Copv requisitions as settled by him, for vendor's solicitor Attending him with same Perusing and considering his replies thereto, as also copy proposed declaration, copy pedigree and inscriptions on tombstones (e(iual to G sheets) "Writing vendor's solicitor appointing time to inspect further documents Attending inspecting and examining same, self and clerk, each hour engaged Aug. 10. Attending vendor's solicitor, discussing with him points upon the pedigree and answers to requisitions, when he fully answered my several inquiries, and I was to consider them further and let him know my deter mination if further evidence required . Drawing further requisitions upon title, per folio Attending Mr. therewith to settle . Paid his fee and clerk ...... Copy thereof for vendor's solicitor .... Letter therewith and thereon ..... Perusing and considering further rt-plies . Instructions for conveyance ..... Drawing same, per folio Paid fee to Mr. and clerk to settle same . Attending him ....... Fair copy thereof for vendor's solicitor, folios (4c/. per folio) Attending him therewith for perusal Perusing and considering his alterations in draft, per folio ('. 8 (; 8 5 G 3 4- C. 8 15 - in - 2 - 8 b G 3 4 ^) (; 8 10 - •> _ G 8 (< 8 Conveyancing.'] 881 £ .s. cL Engrossing; draft (8^7. per folio) 1 14 8 Paid for stamps (as paid) and parchment {hs. each skin; . Attendiny- stamping- . . . . . . . .. (; g Oct. l;>. Attending- vendor's soh'citor with eniii-ossment, and arranuing to com|)lete on Tuesday next, and making calculation of interest upon purchase-money up to jMichaelmas Day . . . . . . . _ jo _ Searching judgments, crown debts, and aiumities, each name . . . . . . . . . _ lo _ Searching for bankruptcy . . . . . . _ kj _ Paid search (as paid). ....... Attending completion . . . . . . . - 1 ;^> 4 If in register county — Instructions for memorial . . . . . ._]()_ Drawing same (Is. per folio) ...... Engrossing {M. per folio) Paid for stamp {'Is. Od.), and parchment (2s. (Ul.) . . - 5 _ Attending execution of memorial . . . . . _ 10 _ Attending to depose thereto and afterwards for deed . - 10 - Paid fee on registration (as paid) ..... Letters, messengers, &c. . . . . . .-]()_ If plans are referred to in the deeds, as placed in the margin thereof, then all necessary charges in respect thereof should be inserted, such as — Attending surveyor, instructing him to take plan of property . . . . _ - 10 - Paid his charges for same (as paid) ..... Paid for tracing of plan to accompany fair copy draft (as paic^) • . -^ Paid affixing plan to deed and, where memorial, paid affixing plan to memorial, and copy for registration (as paid), 9. VENDOR'S SOLICITOR'S COSTS ON EFFECTING^ A SALE OF FREEHOLD PROPERTY BY PRIVATE CONTRACT. Jan. 1S!)(;. Attending you as to the sale of this property ^' ' " when you informed me you had agreed upon the price and I was to forward agreement for sale to purchaser's solicitor _ 10 _ Instructions for agreement - 10 - Ih-awing same, per folio - 2 - Fair copy, per folio - _ 4 "Writing purchaser's solicitor and clerk's attendance there- with _ (5 8 Attending him with regard to various alterations con- ferring thereon, when draft settled, per hour . . - 10 - Attending attesting your executions of the agreement . - lo - Drawing abstract of title, per sheet of 8 folios . . - C 8 Fair copy for purchaser's solicitor, per sheet . . . - o 4 Attending the purchaser's solicitor therewith and making appointment for examination of deeds with abstract . - 10 - Attending examination thereof, per hour . . . - 10 - J.c. :] L Conveijmwing.l 882 Haviiiof received requisitions on title from purchaser's solicitors, perusino; same, per folio Dra\vin _ Perusing the title-deeds (according to the time occupied) Writing to Mr. thereon (where necessary) The like j\Ir. (wdiere necessary) . . . - ;'. C The like ~SIy. (where necessary) . . .-;>(; Conveyanciny.l 884 Attending several persons thereon, and ultimately ^Ir agreed to advance the required amount . Drawing abstract of title to the property, per sheet of .s folios l-'air copy, per sheet of s folios. .... Writing therewith and thereon and as to examination o deeds Attending making appointment to examine deeds Attending examining deeds, and we adjourned to anothei day, per hour Attending adjourned appointment when examination con- cluded, per hour Perusing requisitions on title, per fulin ( 'opy to keep, per folio ...... I )rawing replies thereto, per folio .... I-'aii' copy for mortgagee's solicitor, per folio Writing thci'ewith and clerk's attendance . Perusing draft mortgage, making alterations therein, pe folio ......... Copy to keep as altered, per folio .... Writing returning draft, and clerk's attendance therewith Attending mortgagee's solicitor on the subject of altera tions, discussing same, and finally settling draft (engaged hours), per hour On receipt of engrossment, examining same with drafts, per skin of 1") folios ....... jMaking alterations in my copy draft mortgage as same agreed upon at my interview with mortgagee's solicitor, per folio Attending mortgagee's solicitor making appointment to complete Attending accordingly reading over deeds and attesting execution ......... Drawing schedule of deeds (at 2s. per folio) Two fair copies (at Ad. per folio) Letters, messengers, &c £ s. d.. (•) 8 ;5 4 (; 8 10 - 1(1 - 1 - - 4 2 _ - 4 ") — 1 - - 4 <; 8 10 ;5 4 - 4 (; 8 ];5 4 - 10 12. MOPtTGAGEE'S SOLICITOR'S COSTS OX ADVAXCIXG A SUM OF MOXEY BY WAY OF MORTGAGE. 181)(i. Jan, 7. Attending you conferring with regard to the sum you had been asked to advance, going over valuation with you, and you required no further valuation (If the opinion of a surveyor required, insert cliarges for instructing him and the amount of his charge.) Writing mortgagor's solicitor thereon and for abstract of title Having received abstract of title, attending to make appointment to compare same with title-deeds Attending thereon, self and clerk, per hour Perusing abstract of title, ])er ;5 brief sheets Attending at the Royal Courts of Justice searching for judgments, executions, lis pendens, ammities, and crown debts, per hour s. d. C 8 1.") - C 8 - 10 - •ConveijanchKj.'] 8 So Searchin*;- for bankruptcy SearchiiiLT Land Ucuistry I'aid searclies (as })aid) .... Fee to counsel to advise on abstract Attending- him ..... Drawing- requisitions on title, per folio l^'air copy, per folio .... Fee to counsel to settle .... Attendinu' him ..... Fair copy as settled, [)i r folio . Writing- to mortti'a^-or's solicitor therewith and as to diffi- culties raised ....... Perusinir replies thereto, when same appeared satisfactory per folio ........ Instructions for mortp;age ..... Drawinir mort^an'e, per folio . . . . . Fair copy, per folio ...... Fee to counsel to settle same . . . . . Attending him ....... Writing to mortgagor's solicitor therewith and clerk'i attendance ........ Having received mortgage with several alterations made therein, j^erusi ng same and attending mortgagor's solicitor thereon, discussing same and finally settling draft, per hour ..... Engrossing mortgage (folios ), per folio . Paid parchment, per skin Paid for plans (if any) and examining same Paid stamping ..... Attending stamping .... (If the property in .Middlesex or Yorkshire, or the mortgagor a married woman, see the charges below and at p. SQ.").) "Writing mortgagor's solicitor therewith, attending making appointment to complete ...... Attending completing search for judgments, &c., up to this time ...... Attending completing search for bankruptcy The like search in Land Registry Paid searches ...... Attending on execution of mortgage and paying money ...... Letters, messengers, &c 10 - Id - - 2 - - - 4 -(18 - - 4 - o — - 1 - - l:} 4 - 'I - ._ _ 4 -08 - ;; <; 10 - - 8 o - - H 8 C 8 - (; 8 - i; 8 - c 8 V over i;j 4 - 10 - 13. COSTS OF KEGISTERIXG DEEDS IN :\II1)J)LESEX AND YORKSHIRE. Instructions for memorial . . . . . . - (i 8 Drawing same, at per folio . . . . . • - - - Engrossing, at per folio . . . . • . - - 8 If a plan on, paid for same and examining it with that on conveyance .......•• Paid parchment and stamp Conveyanrinij.'] 88G £ s. cl AttendiuiT vendor or mortji:agor on his executing- same . - 10 - Attendinir reijistering If at a distance, writing agent and paid his charges . Paid fees on registering Mi. LAND TRANSFER ACT, 1875. GENERAL RULES OF 1st JANUARY, IKSD. SOIJCITOIIS' COS'I'S.* 8. The costs to be charged by solicitors in, or inciilental to, or consequential on, the registration of land, shall be regulated in the matters hereinafter mentioned, as follows : — {a.) For the first registration of freehold land, where such regis- tration is completed with an absolute or qualified title, the remuneration of the solicitor having the conduct of the business shall be that prescribed in Part L of the fii-st schedule hereto. (/>.) For and in respect of the first registration of freehold land, where such registration is completed with a possessory title, the remuneration of the solicitor having the conduct of the business ; and For and in respect of completed sales and of purchases for value on sales and charges, and transfers for value of charges completed by registration, and of mortgages com- pleted by registration of a charge, where no title anterior to the entry on the register is investigated, the remunera- tion of the solicitor having the conduct of the business, whether for vendor, purchaser, mortgagor, mortgagee, transferor, or transferee, is respectively to be that prescribed in P;irt II. of the first schedule hereto. {c.) The remuneration prescribed by I'art L of the first schedule hereto shall not apply when the application for registration is made on the occasion of a sale, purchase, or mortgage, or where the title was deduced or investigated by the applicant's solicitor on the occasion of a sale, purchase,^ or mortgage, and the commission prescribed by Part L of Schedule I. to the (ieneral Order made in pursuance of the Solicitors' Remuneration Act, 1881 (hereinafter referred to as the Remuneration Order, 1882), paid to him in respect of such deduction or investigation, nor shall it ap])ly to the first registration of land under the Act on transfer from the register kept under the Act of 2r> & 20 Vict. c. 53. For all such business the solicitor's remunera- tion is to be regulated according to the Remuneration Order, 1882, Schedule L to that Order being excluded. {d.) In cases where, under Part I. of Schedule I. of the Remunera- tion Order, 1882, a solicitor would be entitled to charge a commission for negotiating a sale, purchase, or loan on mortgage, or for conductinu' a sale by auction of unregis- tered land, he may charge the same commission, though the land be registered land. Rules 1, 2, ;5, 0, !>, and 11, * See General Order, clause 1, p. 864. Conveijanrinfj.] 887 applicable to Part I. of Schedule I. of the said ifemune- ration Order, ]ssi\ are to lie read as applyinj: to the com- mission prescribed or authorised by these present Ilules. The scale for neuotiatinir the loan may be char«red on transfer of charues, and further charires where it is applicatde. {!'.) In respect of leases and Ji-rreements for leases of the kinds mentioned in Part II. of Schedule I. to the fiemuneratioa Order, 188i^ or the other matters mentioned in the same Part II., when the transaction shall have been completed, and all proper entries made in the retrister in respect thereof, the remuneration of the solicitor bavin y- the con- duct of the business is to be that prescribed in the same Part II., except that in calculatinu' the additional remu- neration provided for by the .")th Rule appiicjable to the same Part II., the scale in Part II. of the first schedule hereto shall be followed. (/.) The remuneration prescribed by the first schedule hereto, or by parati-raph {e) of this Rule, is not to include money out of ])ocket reasonably and properly disbursed (excei)t as herein mentioned), nor any extra work occasioned by changes occurrinii- in the course of any business, such as the death or insolvency of a party to the transaction, nor any business of a contentious character, nor any proceed- inus in any Court ; but it shall include law stationers' charues and allowances for time of the solicitor and his clerks, and for copying- and parchment (if any), and all other similar disbursements. {(J.) AVhere the solicitor conductinu; the business acts on behalf of several parties having distinct interests proper to be separately represented, other than the persons named in paragraph (/;) of this Rule, he is to charge for each party after the first, an additional fee of £1 Is. "When a solicitor is concerned for both vendor and purchaser, mortgagor and mortgagee, or transferor and transferee, his charges (in so far as they are determined in Part II. of the first schedule hereto) shall be as follows, namely, full charges for the purchaser, mortgagor, or transferee, and half charges for the vendor, mortgagee, or transferor. (//.) In respect of business not hereinbefore provided for connected with any transaction, the remuneration for which, if com- l)letcd, is hereinbefore or in the first schedule hereto prescribed, but which is not in fact completed, and in respect of any transfers or transmissions of registered land or other matters incidental to or consequential on the regis- tration of land or required to be done for the purpose of carrying the Act into execution, the remuneration for which is not hereinbefore or in the first schedule hereto prescribed (and subject as hereinbefore is prescribed), the remuneration is to be regulated according to the Remunera- tion Order, is,s2, Schedule I. t(» that Order being excluded. ( I.) In all cases to which the remuneration prescribed in the first schedule hereto applies, a solicitor may, before under- taking the business, by writing under his hand communicated to the client, elect that his remuneration shall be according Conveyancing r\ 888 to the Remuneration Order, 1882, exclusive of Schedule I. thereto ; but if no such election shall be made, his remune- ration shall be according- to the scale prescribed by these Rules. COMMEXCEMEXT AXD TiTLE OF RULES. 1). These Rules shall come into operation on the 1st day of FebruaiT, 18si), and may be cited as the Land Registry Rules, 1881). THE FIRST SCHEDULE. (Solicitors' Remux kkatiox.) PART I. For Rboistration -with Absolute or Qualified Title. For the first £1,000 in value, ?A)s. per £100. For the second and third £1,000, 20s. per £100. For the fourth and each subsequent £1,000 up to £10,000, lO.s. per £100. And for each subse(juent £1,000 up to £100,000, r).s\ per £100. A minimum charge of£o is to be made where the value is under £100, andaminimum charge of £") where the value is £100 or over. Fractious of £100 under £;">() are to be reckoned as £r)0. Fractions of £100 above £;")() are to be reckoned as £100. Where the value exceeds £100,000, the charge is to be as on £100,000. PART IL First Reoistratiof with Possessory Titli F'OR Value ox Sales axd Charges axd Traxsfers for Value of Charges of Registered Laxd AVhere the value does not exceed £200 Exceeding £200 but not exceeding 300 ;?oo 500 700 !)00 2,000 ;^,0oo •1,000 5,000 r>,ooo 7,000 8,000 •),000 10,000 20,000 ;3o,()oo 40,000 50,000 r)0,ooo 70,000 80,000 90,000 500 700 900 2,000 8,000 4,000 5,000 (;,ooo 7,000 8,000 '.t,000 10,000 20,000 JjO.OOO 40,000 50,000 (;o,ooo 70,000 .S0,000 90,000 AXD Traxsfers d. 8 8 9 9 10 10 11 11 12 12 1:5 13 14 14 15 15 21 - 2(i ;5i ;>(; 42 47 52 57 63 10 15 10 15 rietorsliip of lancl, For reji'istratlon of char<;es* and of transfers of land and clmrirt'S if for value : — Value of Lanclf or Charge. | Fee. S. (I Not exceeding £00 .... Exceeding ;")() and not exceeding £l(t»> 100 200 800 400 500 600 700 800 900 1,000 2,000 3,000 4,000 0,000 0,000 7,000 8,000 '.),000 200 . ,, odO . ., 400 . .")00 . (loo . 700 . soo . 900 . 1,000 . 2.000 . ;-5,ooo . 4,000 . r),ooo . (;,ooo . 7,000 . 8,000 . 9,000 . 10,000 . 10,000 ,. 100,000, £14 for the first 10,000 and for every additional £1,0(H) or part of £1,000 . „ 100,000 as for £100,000. For entry of first pro])rietorship of land with/ possessory title I - ;> — 10 15 1 1 o k; ■J 8 14 8 9 10 11 12 l;{ 14 - 10 - Half the above fees. ^ One-fourth the above fees For registration of transmissions and of transfers with of land and charges where the transaction is not-\ a miniujum for value j fee of .").s., and a maximum fee of £10. .§For every land certificate, oflfice copy lease, or certificate of charge : — Wherethe value does not exceed £1,000 exceeds £l,0OO,but does not exceed £5,00(t * When a charge is made and left for registration of the whole land com- prised in a transfer for value within 14 days of the date of the transfer, half fees only shall be payable in respect of such charge. t " Land " includes every interest capable of separate registration. * Where the amount of the charge is also secured on unregistered property, such abatement in the fee shall be made as the Registrar shall think reasonable. § Remitted if required on the first registration of land not exceeding .4300 in value, or if required by a transferee of land on a transfer not exceeding i300 in value. £ .S-. if. - 10 - 1 - - C'om'eyancinfj.'\ 8i)U d. "Where the value exceeds £5,000, but does not exceed ,£10,000 „ „ exceeds £10, (i()(», butdoes notexceed £2(),0()(> „ „ exceeds £20,0UU, butdoes notexceed £40,000 „ „ exceeds £40,000 .... For every special land certificate, and *For alterinir land certiticjite for a transferee and ( 4 - Half the makinu' indorsement on oltice copy lease . . (above char<>-es. fFor reu'isterin.ii: a fee farm or other uraut, under the 82nd section, second ])ara,u'raph : — "Where such value exceeds £")00, then for the first £r)00 at the rate aforesaid and for every further £r>00 or fractional ])art of £.")00 . . . - 5 - "Where the capital value of the rent reserved does not exceed £r)00 1 - fFor reijistering a caution or restriction Provided that| in respect of a caution or restriction for the purpose of protecting any unregistered transfer or cliarge made by a registered proprietor (either before or after his registration) in respect of which a transfer or charge might be registered, the same fee shall be payable as would have been payable if such transfer or charge had been made and registered accordingly ; and when any such transfer or charge is afterwards made, no further ad valorem fee shall be payable in respect of the registration thereof For registering an inhibition ..... For entering notice of dower or curtesey (under section 52) For every statement for the Court signed by thf Registrar ........ §For annexing conditions to land For every abstract left in the office . . . .^ Examination of abstracts with deeds, when made by j officers of the registry, per hour or part of an hour [- - 10 For registering notice of a lease or agreement for a | lease J * Remitted if required on the first registration of land not exceeding £300 in value, or if required by a transferee of land on a transfer, not exceeding £300 in value. t Remitted if required on the first registration of land. I Note. — Cautions and restrictions are not intended, or at all adapted, to bo substitutes for registration. Where so used — i.e., for the protection of con- veyances or mortgages capable of registration by way of transfer or charge — great inconvenience to the owners of the registered estates may subsequently arise. In order to discourage the practice as far as possible, it is provided (Fee Order, 1889) that a caution or restriction to protect a transaction capable of registration, shall pay the same fee as the registration of the transaction itself. An exception is made, however, in favour of strictly temporary matters, where the caution or restriction is limited to take effect for a year only. (See Order of 8th Aug., 1892.) S Remitted if required on the occasion of a registration for which an ad valorem fee is payable. Conrri/dHcinij.'] 891 iL lo For rectification of the register under the Or^th or 'JOth sections ........ "For withdrawal or modification of a caution or restriction ........ The same under ar. inhibition ..... For every entry under the iHth section (easements, subsidiary rights, short leases, mines, &c., &c.) *For every entry negativing implied covenants, powers, priorities, itc For registering modification or discharge of conditions For every examination of a married woman in the office For every certificate of search, per title For filing a general form of provisions for charges in favour of a land or building society .... For noting the determination of a lease or charge or the cessation of an incumbrance .... For filing a revision or enlargement of a deposited map For inspection of the register (including documents referred to thereon), by the proprietor, or by his consent, per title ....... For inspection of parish index Copy of or extract from any entry in the register or document referred to thereon ..... For inspection of any document in the custody of the Registrar ........ For every summons ....... * Every entry for whicli no other fee is provided For inspection of the office index map, not exceeding 5 sheets ........ For every additional sheet ..... For inspection of the registered description only, i per title , "For filing an affidavit or declaration . . . J For every affidavit or declaration sworn or taken in the office For every exhibit thereto ...... - 1 - For every notice under the official stamp . . . - 1 - N.B. — The above fees are in every case exclusive of stationer's charges,! and of the expense of making and verifying maps and descriptions, which will be paid by the applicant. - 1 a RULE OF 23RD NOVEMBER, 1891. Affidavits and statutory declarations made on or after the date of this Rule for the immediate purpose of being filed, read, or used in the Land Registry are not chargeable with any Inlaud Revenue stamp duty. * Remitted if required on the occasion of a registration for which an ad valorem fee is payable. t These are usually Is. for engrossing entries, and about 3s. for making and engrossing land and charge certificates. The rate is 6rf. per folio. Conreyancing.'] 81)2 FEE ORDER OF 8th AUGUST, 18!)2.- Xo ad valorem fee shall be chavii-eable on the veg-istratiou of a caution or restriction containing a proviso that it shall cease to oi>erate at the end of one year or less from the date of its rei^istration : but this rule shall not ajiply to a caution or restriction by way of renewal of any such caution or restriction as aforesaid ; and £1 shall be the minimum fee for registering anv caution or restriction. LAND CHARGES REGISTRATION AXI) SEARCHES ACT, 1888. Ruj.E A8 TO Fees. l\v virtue and in jiursuance of the Land Charges Registration and Searches Act, 1888, 1, Hardixge Stanley, Barox Halsbury, Lord HiaH Chaxceleor of Great Britaix, with the concurrence of the Lords Commissioners of Her ^lajesty's Treasury, do hereby determine that the foUowinu- fees shall be paid under the said Act : — s. d. Registration, per name 2 6 Re-registration, per name 1 - Modification or cancellation of an entry, ].er name . . 1 - Search (not official), per name . . . . . . 1 - Official search (including issue of certificate) in one name only 5 - Ditto, for each additional name . . . . . . 2 - Continuation of official search, per name . . . . 1 - The above fees include stationer's charges for all entries in the registers, and all other stationer's charges up to .") folios. All office copies and additional stationer's charges, 'ul. per folio. All fees shall be paid by stamps, which shall be sold at the Office of Land Registry, and such other places as the Inland Revenue Department may determine. HALSBURY, C. January 1, 1889, • See Note *, page 890. Conrei/aiic'uiij.'] H9i} LAXi) REGISTRY (:\III)DLESEX DEEDS) ACT, IH'jl, OFFICE OF LAND REGISTRY. Rule. I. the Riuht Honourable 1Iaui)IN(;k Stanlhv, Baron HALsnciiV, Loud IIi(;h Ciiaxciii.ldr of Gukat Ruitaix. witli the concurrence of the Lords Commissioners of Her ^lajcsty'sTreasury, by virtue and in pursuance of tlie liand Re.ijistry (Middlesex Deeds) Act, 1 «'.»!, and of the Land Transfer Act, is?."), and of all otiiev powers and authori- ties enabling- in that behalf, do determine that the fees in the schedule hereto shall be paid under the first-mentioned Act. Dated this eighth day of February, 18'.)2. (Signed) HALSBURY, C. ^\Q certify that this Rule is made with the concurrence of Her Majesty's Treasury. (Signed) ^\. H. WALROXD. HERBERT EUSTACE ]\IAXWELL. SCHEDULE. Registration of a memorial, or vacating an entry of a mortgage (except under the -i-^nd section of the Building Societies Act, 1!S74) i> - Tacating an entry of a mortgage under the said section of the last-mentioned Act , • " '' (The above charges include the administration of the oath, when required.) Ordinary search, per name - - Official search : — For 10 years or less " <| For every further f) years or less 2 (► If more entries are found than at the rate of 10 for every 5 years, then for every 5, or part of 5, extra entries . 1 - Note.— Provision may be made for this latter pay- ment by deposit of money at the registry. Statutory declaration taken in the office .... Exhibit thereto • • Correction of a memorial in the office, per folio . Correction of a plan, per quarter of an hour (or less) employed . . . . • • • • , . • Return of instrument (if required) within -^-i hours of its being left in the office . . • • • • . l (All the above fees are inclusive of stationer's charges.) Office copy or extract : — For every 100 words (Together with a charge, where a plan is required, of \s. fur every quarter of an hour (or less) employed in its preparation.) 1 C 1 - 1 - 1 - - (I Conveyanciiuj.'] 894 liULES OF DECEMBER, 1882. Rule r.\i)i:u Tin; Act for the Abolition of Fixhs and Rk- COVERIKS, AND SECTION 7 OF THK COXVFYANCING AcT, 1.SS2. 8. The costs to be allowed to solicitors in respect of the matters hereinafter mentioned, when not otherwise reii'ulated by the General Orders in force for the time beinu' under the Solicitors Remuneration Act, IHSi, or by special aureement, shall be as follows ; anythint>; in the Ptules of the Supreme Court as to costs, dated the 12th August, IST."), to the contrary notwithstanding' : — Charges under the Act ?> & 4 AVill. IV. c. 74 (The Fines AND RlOCOVERIES ACT). £ .9. (1. For the indorsements on deeds required by the Fines and Recoveries Act, to be entered on the Court rolls of manors of the memorandum of production and memo- randum of entry on Court rolls, to be signed by the lord steward or deputy steward, each indorsement of memorandum ").•?., together . . . . . . - 10 - For the entries on the Court rolls of deeds and the indorsements thereon, at per folio of 72 words . . - - (» For taking the consent of each protector of settlement of lands - 13 4 For taking the surrender by each tenant in tail of lands . - 13 4 For entries of such surrenders or the memorandums thereof in the Court I'oUs, at per folio of 72 words . . . - - 8 9. The following Rules and Orders are hereby repealed, except as to certificates not lodged before the 1st .January, 1883, of acknowledg- ments by married women of deeds executed before the 1st .January, 1883, and the aftidaA'its relating thereto : — The Ceneral llnles of the Court of Common Pleas, Hil. Term, 1834. The General llules of the Court of Common Pleas, Trin. Term, 1834. The General Order of the Court of Common Pleas, dated the 24th November, 18(!2. The General Order of the Court of Common Pleas, dated the 13th January, 18(i3. 10. These Rules shall take effect from and after the 31st December, 1882. ORDER AS TO COURT FEES. DECEMBER, 1882. 1. The following portion of the schedule to the Order as to Court Fees made on the 28th October, 187.">, is hereby repealed, that is to say :— Lower Scale. Hif,'her Scale. £ s. d. £ 6-. (L On taking acknowledgment of a deed by a married woman . . . . . .!--(!-- Conveyancing.'] 895 Ami instead thereof the followiiiti- fees shall henceforth be char Conveyancinf/.'] 896 Fees under Section 48' of the Convevancixg and Law of Property Act, 1«81. £ -s. , ( )n tlcpositiiiii- a power of attorney - '-^ Ou an application to search for a power of attorney so deposited, and inspectinfj- the same, and the affidavit or other documents deposited therewith, for each hour or part of an hour, not exceedinj-- on one day 10s. If an office copy is required, and it exceeds 2s. Gih, Irish, and Scotch Reports, an Alphabetical Table of Abbreria- tions used in reference to Law Heports and Text Books, and an Index of Subjects. Dcmjj Svo. 1897 (120 ^;j;.), limp binding, post free, 6d. Acts of Parliament. — Public and Local Acts from an early date may be had of the Publishers of this Catalogue, u-ho have also on sale the largest collection of Private Acts, relating to Estates, Enclosures, Railways, Roads, 6fc., ^"c. %* For Annotated Acts, vide " Statutes." ADMIRALTY,— Roscoe's Admiralty Practice.— Third Edition. By E. S. RoscoE, Assistant Registrar, Admiralty Court, and T. Lambert Meabs, Esqrs., Barrister-at-Law. [_In preparation. ADULTERATION,— Bartley's Adulteration of Food.— Statutes and Cases dealing with Coffee, Tea, Bread, Seeds, Food and Drugs, Margarine, Fertilisers and Feeding Stuffs, &c., &c. By Douglas C. Baetley, Esq., Barrister-at-Law. Roy. I'imo. 1895. 6*. Cripps-Day's Adulteration (Agricultural Fertilisers and Feeding Stuffs), — By Feancis H. Ceipps-Day, Esq., Barrister-at-Law. Royal r2mo. 1894. 5s. ADVOCACY.— Harris' Hints on Advocacy.— Conduct of Cases, Civil and Criminal. Classes of Witnesses and Suggestions for Cross- examining them, &c., &c. 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CHANCERY, ««^nrf<;" Equity." ^ ,, nv t^- • • Daniell's Chancery Practice.— The Practice of the Chancery Division of the High Court of Justice and on appeal therefrom. Sixth Edit. By L. FiELB, E. C. Dunn, and T. Ribton, assisted by W. H. Upjohn, Esqrs.,Barristers-at-Law. 2 vols, in 3 parts. Svo. 1882-84. 6^. 6«. Daniell's Forms and Precedents of Proceedings in the Chancery Division of the High Court of Justice and on Appeal there- from. Fourth Edition. With Summaries of the Rules of the Supreme Court, Practical Notes and References to the Sixth Edition of "Daniell's Chancery Practice." By Chaeles Bxjeney, B.A. Oxon., a ChiefOlcrkof the Hon. Mr. Justice Chitty. Royal Svo. 1885. 2;.10s. CHARITABLE TRUSTS.— Mitcheson's Charitable Trusts.— The Jurisdiction of the Charity Commission. By Richard Edmund Mit- cheson, Esq., Barrister-at-Law. Demy Svo. 18S7. 18s. CHARTER PARTIES.— Carver.— r/rf« "Carriers." 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COLLISIONS.— Marsden's Treatise on the Law of Collisions at Sea.— By Reginald G. Maesden, Esq., Barr^ster-at-Law. Third Edition. By the Author and the Hon. J. W. Mansfield, Barrister- at-Law. D.-mv Svo. 1891. \l. bs. " Clejir in statement and careful in summaiizing the results of decisions."— Solicitors' Journal. %* All standard Law Works are kept in Stock, in law calf and other bindings. 119 & 120, CHANCERY LANE, LONDON, W.C. 6 COMMERCIAL LAW.— The French Code of Commerce and most usual Commercial Laws. — By L. Goirand, Lioonoie en droit. Demy 8vo. 1H80. Kcduced to «c/, 12«. COMMON LAW. — Chitty's Archboid's Practice. Fourteenth Edition. By Thomas Willes CiiiTTy, as.si.stcd by J. St. L. Lkhlie, Esqrs., BarriHter.s-at-Law. 2 vols. Demy 8vo. 188.'). (PubliHhed at ;il. 1."^.?. 6d.) Reduced to net, 30«. Chitty's Forms. — Tide " Forms." Fisher's Digest of Reported Decisions from 17oG to 1883. Com- piled and arranged by John Mkws, assi.sted by C. M. Cuapmax, Haery pi. W. Spaeham and A. II. Todd, Esqrs., Barristers-at-Law. 7 vols. Royal 8vo. 1884. (Published at 12^ 12*.) Reduced to net, 51. 5«, Mews' Consolidated Digest of ail the Reports in all the Courts, for the years 1884-88, inclusive. By John Mkws, Esq., Barris- ter-at-Law. Roy. 8vo. 1889. (Pub. at 1/. lls.Gd.) Reduced to «e;^ los. The Annual Digest for 1896. By John Mews, Esq., Barrister-at- Law. Royal 8vo. 1S97. lo«. Pollock arid Wright's Possession in the Common Law, — Parts I. and II. by Sir F. Pollock, Bart., Barrister-at-Law Part III. by R. S. "Weight, Esq., Barrister-at-Law. 8vo. 1888. 8«. 6d. Shirley. — Vide " Leading Cases." Smith's Manual of Common Law. — For Practitioners and Students. Comprising the Fundamental Principles, with useful Practical Rules and Decisions. By Josiah W. Smith, B.C.L., Q.O. Tenth Edition. By J. Teustram, LL.M., Esq., Barrister-at-Law. 12mo. 1887. 14s. COMPANY LAW.— Hamilton's Manual of Company Law. By William Fredeeick Hamilton, LL.D. (Lond.), assisted by K. G. Metcalfe, M. A., Esqrs., Barristers-at-Law. DemySvo. 1891. \2s.6d. Mackenzie, Geare, and Hamilton's Company Law. — An Abridg- ment of the Law cojitained in the Statutes and Decisions, Alpha- betically Arranged. By M. Muie Mackenzie, E. A. Geare, and G. B. Hamilton, Esqrs., Barristcrs-at-Law. Roy. 8vo. 1893. 21s. Palmer's Private Companies and Syndicates, their Formation and Advantages ; being a Concise Popular Statement of the Mode of Con- verting a Business into a Private Company, and of establishing and working Private Companies and Syndicates for Miscellaneous Pur- poses. Thirteenth Edition. By F. B. Palmer, Esq., Barrister-at- Law. 12mo. 1897. iNH !«• Palmer, — Fide "Conveyancing" and "Winding-up." Palmer's Shareholders, Directors, and Voluntary Liquidators' Legal Companion,— A Manual of Every-day Law and Practice for Promoters, Shareholders, Directors, Secretaries, Creditors, Solicitors, and Voluntary Liquidators of Companies under the Companies Acts, with Appendix of useful Forms. Sixteenth edit. By F. B. Palmer, Esq., Barrister-at-Law. Timo. 1896. Xe(,2.s.6d. Street's Law relating to Public Statutory Undertakings: com- prising Railway Companies, Water, Gas, and Canal Companies, Har- bours, Docks, &c., with special reference to Modem Decisions. By J. Bamfield Street, Esq., Barrister-at-Law. DemySvo. 1890. lOs. 6d. COMPENSATION.— Cripps' Treatise on the Principles of the Law of Compensation. Third Edition. By C. A. Cripps, Esq., Q.C. Demy Svo. 1892. 20s. " An accurate exposition of the la.w."—Laio Journal. •,* All standard Law Works are kept in Stock, in law calf and other bindings. STEVENS AND SONS, LIMITED, COMPOSITION DEEDS.— Lawrance.— rirfe "Bankruptcy." CONDITiONS OF SALE.— W^Gbsier.— Vide "Vendors and Pur- chasers." , ^ , , CONFLICT OF LAWS.— Dicey's Digest of the Law of England with reference to the Conflict of Laws.— By A. V. Dicey, Esq., Q.C., B.C.L. With Notes of American Cases, by Professor Mooee. Royal 8vo. 1896. 1^- 10«- " The well-known excDllonce of all the books -which Pi-ofessor Dicey has pub- lished is a sufficient guarantee of the general accuracy and completeness of his present undertaldng, and, after carefully testing the Digest upon a number of points, we have not found it open to any unfavourable criticism. Beyoud doubt it is the most important recent addition to a division of legal literature in -which pre-vious -«'riters have already set an unusually high standard of merit."— Z,ai« " One of the most valuable books on English law -which has appeared for some time. Tliorough and minute in the treatment of the subject, cautious and judicial in spii-it, this -work is obviously the result of protracted labour."— TAe Timen. ^. , . . , , " In this admirably areanged volume Professor Dicey has made an important contribution both to jurisprudence and to practical l&vi."— Daily Nnvs. " An Encyclopfedia not only of the English, but also of the United States la-w on the matter."— />aw Quarteiii/ Review. CONSIDERATION.— Jenks' History of the Doctrine of Consider- atjon, — ByED-WAED Jenks, Barrister-at-La-w. PostSvo. 1892. 2>s.Qd. CONSTITUTION.— Anson's Law and Custom of the Constitution. By Sir William R. Anson, Bart., Barrister-at-Law. Demy 8vo. Part I. Parliament. Second Edition. 1892. 12s. &d. Part II. The Crown. Second Edition. 1896. 14s. CONTRACT OF SALE,— Blackburn,— Hrfc "Sales." Moyle's Contract of Sale in the Civil Law.— With References to the Laws of England, Scotland, and France. By J. B. Mq-jxe, Esq., Barrister-at-Law. 8vo. 1892. 10s. 6d. CONTRACTS.— Addison on Contracts,— A Treatise on the Law of Contracts. 9th Edit. By Hoeace Smith, Esq., Bencher of the Inner Temple, Metropolitan Magistrate, assisted by A. P. Peeceval Keep, Esq., Ban-ister-at-Law. Royal 8vo. 1892. 21. 10s. " This and the companion treatise on the law of torts are the most complete works on these subjects, and form an almost indispensable part of every lawyer's librarj%" — Lmv Journal. Anson's Principles of the English Law of Contract.— By Sir W. R. Anson, Bart., Barmter-at-Law. Eighth Edit. 1895. 10s. 6«f. Finch's Selection of Cases on the English Law of Contract,— By Gr. B. Fmcn, Esq., Barrister-at-Law. Second Edition. Roy. 8vo. 1896. 28s. Fry, — Vide " Specific Performance." Leake's Law of Contracts. — A Digest of Principles of the Law of Contracts. Third Edition. By Stephen Martin Leake, Esq., Ban-ister-at-Law. Demy 8vo. 1892. 32s. " Complete, accurate, and easy of reference." — Solicitors^ Journal. "Clear, concise, accui-ate, and exhaustive." — Lata Times. " Leake treats the subject from every point of -view in which it can interest the litigant."— Sir Wm. Anson. Pollock's Principles of Contract, — Being a Treatise on the G-eneral Principles relating to the Validity of Agreements in the Law of England. Sixth Edition. By Sir Feedeeick Pollock, Bart., Bar- rLster-at-Law, Author of "The Law of Torts," "Digest of the Law of Partnership," &c. Demy 8vo. 1894. 28s. "A work which, in our opinion, shows great ability, a discerning intellect, a comprehensive mind, and painstaking industry." — Law Journal. *j»* All standard Law Works are kept in Stock, in law calf and other bindings. 119 & 120, CHANCERY LANE, LONDON, W.O. CONVEYANCING.— Dart.— J'i^/e " VonflorH and Purcha.stTrt." Dickins' Precedents of General Requisitions on Title, with Ex- planatory Notes and Observations for the u.so of Articled Clerics, Law Students, and others. By Herbeet A. Dickins, Esq., Solieitor Royal I2mo. 189G. 5,. " We cannot do better than advise every lawyer with a eonvcyanciniy practice to piu-clia.sc tlio little book and place it on his shelves forthwith."— /.aui SoO-a. Greenwood's Manual of the Practice of Conveyancing.— Ninth Edition. Eilitcd by IIaeey Greenwood, M.A., LL.D., E.sq., Bar- rister- at - Law . ( In th e p * v.s-.s . ) " We should like to see it placed by his principal in the hands of every articled clerk. One of the most useful practical works we have ever seen."— iam Student^ Journal. Morris's Patents Conveyancing. — Being a Collection of Precedents in Conveyancing in relation to Letters Patent for Inventions. With Dissertations and Copious Notes on the Law and Practice. By Robert MoERis, E.sq., Barristor-at-Law. Royal 8 vo. 1887. 11.5s. Palmer's Company Precedents. — For use in relation to Companies subject to the Companies Acts, 1862 to 1890. Part I. Company Forms. Arranged as follows: — Promoters, Pro- spectus, Agi'eemcnts, Under-wi-iting, Memoranda and Articles of Association, Private Companies, Employes' Benefits, Rcsolutimis, Notices, Certificates, Powers of Attorney, Debentures and Debenture Stock, Banking and Advance Securities, Petitions, Writs, Pleadings, Judgments and Orders, Reconstruction, Amalgamation, Special Acts. With Copious Notes and an Appendix containing the Acts and Rules. Sixth Edition. By Francis Beaufort Palmer, assisted by Charles Macnaqhten and Arthur John Chitty, Esqrs., Barristers-at-Law. Royal Svo. 1895. U. 1G«, " No company lawyer can afford to be without \i."—Laiv Journal. Part II. WiNDiNG-ITp Forms and Practice. AiTanged as fol- lows : — Compulsory Winding-Up, Voluntary Winding-Up,Winding- Up under Supervision, Arrangements and Compromises, with a Chapter on Debentures, and Copious Notes, and an Appendix of Acts and Rules. Seventh Edition. By Francis Beaufort Palmer, assisted by Frank Evans, Esqrs., Barristers-at-Law. Royal Svo. {In the press.) " Palmer's ' Company Precedents ' is the book -par excelknce for practitioners. It is certain to be used alike by the company draftsman and by the Iwhitui of the Court where Jlr. Justice Williams presides. There is notliing' we can think of which should be within the covers which we do not find." — Law Journal. Prideaux's Precedents in Conveyancing — With Dissertations on its Law and Practice. 16th Edit. By John Whitcombe and Bethune HoESBRUGH, Esqrs., Barristers-at-Law. 2 vols. Royal8vo. 1895.3/.10s. " ' Prideaux ' is the best work on Conveyanciugf. — Latv Journal. " A clerk who has but small legal knowledge can frame a draft correctly, if indeed the draft is to follow closely any of the precedents contained in this book, with only a moderate amount of supervision from his imueipal." — Law Quartrrly. " Accmate, concise, clear, and comprehensive in scope, and we know of no treatise upon Conveyancing which is so generally useful to the practitioner." — Law Times. Turner's Duties of Solicitor to Client as to Partnership Agree- ments, Leases, Settlements, and Wills, — By Edward F. Turner, Solicitor. Demy Svo. 1884. 10s. &d. COPYHOLD.— The Copyhold Act, 1894.— With a short Introduc- tion, Notes, and Index. — By W. A. Peck, Esq., Barrister-at-Law. Royal Svo. 1891. Net, Is. Gd. CORONERS. — Jervis on the Office and Duties of Coroners, — With Form.s and Precedents. By R. E. Melsueimee, Esq., Barristor- at-Law. Fifth Edition. Post Svo. 1888. 10s. 6liee and other Courts, -with Precedents and Notes. By Horace JIaxwell Johnson, Esq., Barrister- at- Law. Eoyal 8vo. 1897. {Nearly ready.) \l. Via. Summerhays and Toogood's Precedents of Bills of Costs. Seventh Edition. By Thornton Toooood, Thomas Chaeles Toogood, and C. Gilbert Barber, Solicitors. Royal Svo. 1896. 1/. 10s. Webster's Parliamentary Costs. — Private Bills, Election Petitions, Appeals, House of Lords. Fourth Edition. By C. Cavanagh, Esq., Barrister-at-L.iw. Post Svo. 1881. 20s. COUNTY COUNCILS.— Bazalgette and Humphreys, Chambers. — I'idc "Tjdcal and Municipal Government." COUNTY COURT APPEALS.— Chamier's Law and Practice re- lating to County Court Appeals; Mandamus, Prohibition, and Certiorari. By Daniel Chamier, Esq., Barrister- at- Law. Demy Svo. 1806. 10.9. " This book fills a -want in friviner in a concise and hnndy form a statement of the procedure in County Comt appe.Tls, and also in the branches of appellate and corrective jurisdiction over the interior courts." — Law Times. COUNTY COURTS.— The Annual County Court Practice, 1897. — Founded on Pollock and Nicol's and Hey^'ood's Practices of the County Courts. Containing the Jurisdiction and Practice under the County Courts Act, the Bills of Exchange Act, and the Employers' Liability Act, and the Statutes, Rules of Practice, Forms, and Tables of Fees and Costs, &c. By His Honour Judge Smtly, Q.C. 2 vols. Demy Svo. 1/. 5.s. COVENANTS. — Hamilton's Concise Treatise on the Law of Covenants.— By G. Bald-win Hamilton, Esq., Barrister-at-Law. Demy Svo. 1888. 7s. 6a!. CRI Ml NAL LAW. — Archbold's Pleading and Evidence in Criminal Cases, — "With the Statutes, Precedents of Indictments, &c. Twenty- first Edition. By William Bruce, Esq., Stipendiary Magistrate for Leeds. Royal 12mo. 1893. \l. Us. Qd. Chitty's Collection of Statutes relating to Criminal Law. — (Re- printed from "Chitty's Statutes.") With an Introduction and Index. By W. F. Crates, Esq., Barrister-at-Law. Royal Svo. 1894. 10s. Disney and Gundry's Criminal Law. — A Sketch of its Principles and Practice. By Henry W. Disney and Harold Gundry, Esqrs., Ban-isters-at-Law. Demy Svo. 1895. 7s. &d. " Wc think we have here just what students want. The work is based upon a perfect knowled^'e of the statute law, and is compiled from the best and most recent aulhorities." — J. aw Times. Kershaw's Brief Aids to Criminal Law. — With Notes on the Pro- cedure and Evidence. By Hilton Kershaw, Esq., Barrister-at- Law. Royal 12mo. 1897. 3s. Roscoe's Digest of the Law of Evidence in Criminal Cases. — Eleventh Edition. By Horace Smith and Gilbert George Ken- nedy, Esqrs., Metropolitan Magistrates. Demy Svo. 1890. \l.\\s.Qd. "To the criminal lawyer it is his guide, philosopher and friend. What Eoscoe says most, judg'es will accept without question." — Latv Times. Russell's Treatise on Crimes and Misdemeanors. — Sixth Edit. By Horace Smith, Esq., Metropolitan Police Magistrate, and A. P. Perceval Keep, Esq., Barrister-at-Law. 3vols. Roy. Svo. 1896. bl. 15s. Qd. " No library can be said to be complete without the new edition of Russell on Crimes." — I.nw Times. " Indispensublo in every Com-t of criminal justice here and in our Colonies." —The Times. " No more trustworthy authority, or more cxhausivc expositor, than ' Eussell' can be consulted." — Law Magazine and Review. •0* All standard Law Works are kept in Stock, in law calf and other bindings. 119 & 120, CHANCERY LANE, LONDON, W.C. 9 CRIMINAL LM^— continued. Shirley's Sketch of the Criminal Law, — By "W. S. Shielet, Esq., Barrister-at-Law. Second Edition. By Chaeles Stephen Huntee, Esq., Barrister-at-Law. Demy 8vo. 1889. Is. 6d. Warburton. — Vide " Leading Cases." Thring, — Vide "Navy." DEATH DUTIES,— Freeth's Acts relating to the New Death Duty, called the Estate Duty, with au Introduction dealing with the other Death Duties, A Digest, Copious Notes, and an Appendix contain- ing the Estate Duty Forms, and the Rules regulating Proceedings in England and Ireland in Appeals under the Acts. Second Edition. By Evelyn Feeetu, Esq., Deputy -Controller of Legacy and Succes- sion Duties. Demy 8vo. 1897. 12s. 6rf. " The official position of the Author renders his opinion on questions of proce- dure of great value, and we think t}iat this book ■w-ill be found very useful to solicitors who have to prepare accounts for duty." — Solicitors' Journal. Harman's Finance Act, 1894, so far as it relates to the Death Duties. With an Introduction and Notes, and an Appendix of Forms. By J. E. Haeman, Esq., Barrister-at-Law. Royal 12mo. 1894. 5». DECISIONS OF SIR GEORGE J ESSEL— Peter's Analysis and Digest of the Decisions of Sir George Jessel ; with Notes, &c. By Apsley Petee Petee, Solicitor. Demy 8vo. 1883. 16«. Ql A RY.— Lawyers' Companion (The) and Diary, and London and Provincial Law Directory for 1897, — For the use of the Legal Profession, Public Companies, Justices, Merchants, Estate Agents, Auctioneers, &c., &c. Edited by Edwin Layman, Esq., Barrister-at- Law ; and contains Tables of Costs in the High Court of Judicature and County Court, &c. ; Monthly Diary of County, Local Government, and Parish Business ; Oaths in Supreme Court ; Sunamary of Sta- tutes of 1896 ; Alphabetical Index to the Practical Statutes since 1820 ; Schedule of Stamp Duties ; Legal Time, Interest, Discount, Income, "Wages and other Tables ; the New Death Duties ; and a variety of matters of practical utility : together with a complete List of the English Bar, and London and Country Solicitors, with date of admission and appointments. Published Annually. Fifty-first Issue. Issued in the following forms, octavo size, strongly bound in cloth : — 1. Two days on a page, plain bs.Od. 2. The above, inteeleaved for Attendances . . . .70 3. Two days on a page, ruled, with or without money columns . 5 6 4. The above, with money columns, inteeleaved for Attendances . 8 5. Wbole page for each day, plain 7 6 6. The above, inteeleaved for Attendances . . . .96 7. Whole page for each day, ruled, with or without money columns 8 6 8. The above, inteeleaved for Attendances . . . 10 6 9. Three days on a page, ruled blue lines, without money columns . 3 6 The Diary contains memoranda of Legal Business throughout the Year ; an Index for ready reference has been added. " The amount of information packed within the covers of this well-known book of reference is almost incredible. In addition to the Diar>-, it contains nearly 800 pages of closely printed matter, none of which could be omitted without, - perhaps, detracting from the usefulness of the book. The publishers seem to have made it their aim to include in the Companion evei-y item of information which the most exacting lawj-er could reasonably expect to find in itt* pages, and it may safely be said that no practising solicitor, who has experienced the luxury of ha\-ing it at his elbow, will ever be likely to try to do without it."— Latv Journal. *^* AU standard law Works are k^t in Stock irt law calf and other bindings. B 10 STEVENS AND SONS, LIMITED, DICTIONARY.— The Pocket Law Lexicon.— Explaininor Technical WorclH, rina.ses and Maximn of the English, Scotch and Roman Law, to which is added a complete List of Law Reports, with their Abbre- viations. Third Edit. By IThnrt G. Rawson and James E. Remnant, Esqrs., Barrister-- at- Law. Ecap. 8vo. 1893. 6s. 6d. "A wonderful little lefjal Dictionary." — Iiirler'm(nir\i Law Students' Journal. Wharton's Law Lexicon. — Forming: an Epitome of the Law of Eng'- latid, and c()ntainint> Times. .„,.,.■, -^ , j. " The task of re-editing Phillimore's ' Ecclesiastical Law was not an easy one. Sir Walter Pliillimore has executed it -^Nith brilliant success. He has brought to the A\ork all his father's subdued enthusiasm for tlie Church, he has omitted nothin" that lent value to the original treatise, he has expunged from it what coiild be spared, imd has added to it everything that the ecclesiastical lawyer can possibly need to know, pouring a flood of luminous learning on the newer e'rflcsiustical problems with which he deals."— Law Journal. Whitehead.— I'irfc "'Chui-ch Law." ELECTION IN EQU ITY.— Serrell's Equitable Doctrine of Election. By Geoege Seeeell, M.A., LL.D., Esq., Barrister-at- Law. Royal 12mo. 1891. 7«. 6d. ELECTIONS.— Day's Election Cases in 1892 and 1893.— Being a Collection of the Points of Law and Practice, together with Reports of the Judgments. By S. H. Day, Esq., Barrister-at-Law, Editor of "Rogers on Elections." Royal 12mo. 1894. 7s. 6d. Hedderwick's Parliamentary Election Manual : A Practical Handbook on the Law and Conduct of Parliamentary Elections in Great Britain and Ireland, designed for the Instruction and Guidance of Candidates, Agents, Canvassers, Volunteer Assistants, &c. By T. C. H. Heddeewick, Esq., Barrister-at-Law. Demy 12mo. 1892. 7s. Gd. " Clear and well arranged."— Z.a?t> Quarterly Review. *.* All standard Law Works are kept in Stock, in law calf and other bindings. 119 & 120, CHANCERY LANE, LONDON, W.C. 13 ELECTION S— continued. Rogers' Law and Practice of Elections. — Vol. I. Registration, includinf^ the Practice in Registration Appeals ; Parliamentary, Municipal, and Local Government ; with Appendices of Statutes, Orders in Council, and Forms. Fifteenth Edition. With Addenda of Statutes to 1894. By Matteice PowBix, Esq., Barrister-at-Law. Royal V2mo. \l. \s. " The practitioner -n-ill find within thoHo covers everything -which he can be expected to know, well aiTangcd and carefully stated." — Law Times. ' Vol. II. Paeliamentaey Elections and Petitions ; with Appen- dices of Statutes, Rules and Forms. Seventeenth Edition. By S. H. Day, Esq., Bai-ristor-at-Law. Royal r2mo. 189.5. 1/. 1«. "The leading book on the diificnlt subjects of elections and election peti- tions." — Law Times. " A very satisfactory treatise on election law . . . ."— Solicitors' Journal. Vol. III. MUNICIPAI, AND OTHEIi ELECTIONS AND PETITIONS, with Appendices of Statutes, Rules, and Forms. Seventeenth Edit. By Samuel H. Day, Esq., Barrister-at-Law. Royal 12mo. 1894. 1/. 1». Tliis Volume treats of Elections to Mnnieipal Councils {including the City of London), County Councils, Parish Councils, Jtural and Urban District Councils, Boards of Guardians {within and without London), Metropolitan Vestries, School Boards. ENGLISH LAW.— Pollock and Maitland's History of English Law before the tinne of Edward I. — By Su- Feederick Pollock, Bart., and Fred. W. MAiTLAND,BaiTisters-at-Law. 2 vols.roy.8vo. 189-5. 2/. EQUITY, ««^ n(f« CHANCERY. Seton's Forms of Judgments and Orders in the High Court of Justice and in the Court of Appeal, having especial reference to the Chancery Division, with Practical Notes. Fifth Edition. By Cecil C. M. Dale, Esq., Barrister-at-Law, and W. Clowes, Esq., a Registrar of the Supreme Court. In 3 vols. Royal 8vo. 1891-3. 6/. *^* The Volumes sold separately, 2.1. each. "A mommient of learned and laborious acciu-acy." — Latv Quarterly Review. " Seton in its new guise is well up to the character which it has for so many years sustained of being the best book of forms of judgment." — Law Times. Smith's Manual of Equity Jurisprudence. — A Manual of Equity Jiuisprudence for Practitioners and Students, founded on the Works of Story, Spence, and other writers, comprising the Fundamental Principles and the points of Equity usually occun-ing in General Practice. By Josiah W. Smith, Q.C. Fom-teenth Edition. By J. Trt7Steam, LL.M., Esq., Bamster-at-Law. 12mo. 1889. 12s. 6d. Smith's Practical Exposition of the Principles of Equity, illus- trated by the Leading Decisions thereon. For the use of Students and Practitioners. Second Edition. By H. Aetuuh Smith, M.A., LL.B., Esq., Barrister-at-Law. Demy 8vo. 1888. 21s. " This excellent practical exposition of the principles of equity is a work one can well recommend to students either for the bar or the examinations of the Incorporated Law Society. It will also be found equally valuable to the busy prac- titioner. It contains a mass of information well arranged, and is illustrated by all the leading decisions." — Lazv Times. ESTOPPEL.— Everest and Strode's Law of Estoppel. By Lancelot Fielding Everest, and Edmund Strode, Esqrs., Barristers-at-Law. Demy 8vo. 1884. \8s. EVIDENCE.— Wills' Theory and Practice of the Law of Evidence. — By Wm.Wllls, Esq., Barrister-at-Law. Dcmy8vo. 1894. I0s.6d. "it contains a large amount of valuable infonnation, verj' tersely and accurately convoyed." — Law Times. " We "consider that Mr. "VVUla has ■given the profession a useful book on a difficult subject." — Laiv Notes. *,* All standard Law Works are kept in Stock, in law calf and other hxndxngt. 14 STEVENS AND SONS, LIMITED, EVIDENCE ON COM MISSION,— Hume-Williams and Macklin's Taking of Evidence on Commission: incluclino; therein Special Examinations, Letters of Request, Mandamus and Examinations before an Examiner of the Court. By W. E. Hume- Williams and A. RoMEE Macklin, Barristers-at-Law. Demy 8vo. 1895. 12*. 6d. EXAMINATION GUIDES.— Bar Examination Guide. By 11. D. ■WoopcorK. and (I. 11. B. Ke.vrick, Esqrs., Barristers-at-Law. Pub- lislu'd after eai^h Examination. ■^''et 2s. 6d. Bar Examination Guide— Lecture Supplement, 1896. Xet2s. Haynes and Nelham's Honours Examination Digest, By John F. Haynes, LL.D., and Tuomas A. Neliiam, Solicitor. Demy Bvo. 1883. 15«- Napier & Stephenson's Digest of the Subjects of Probate, Divorce, Bankruptcy, Admiralty, Ecclesiastical and Criminal Law necessary to be known for the Final Examination, done into Questions and Answers. By T. Bateman Napier and Richaed M. Stephenson, Esqrs., Barristers-at-Law. Demy 8vo. 1888. I2s. Napier & Stephenson's Digest of the Leading Points in the Sub- ject of Criminal Law. Done into Questions and Answers. By T. Bateman Napiee and Richaed M. Stephenson, Esqrs., Barristers- at-Law. Demy 8vo. 1888. 5«. Shearwood's Guide for Candidates for the Professions of Barrister and Solicitor.— Second Edition. By Joseph A. Sheae- ■wooD, Esq., Barrister-at-Law. Demy 8vo. 1887. 6s. Uttley's How to Become a Solicitor; or, Hints for Articled Clerks. By T. F. Uttley, Solicitor. Royal 12mo. 1894. 5s. EXECUTIONS,— Edwards' Law of Execution upon Judgments and Orders of the Chancery and Queen's Bench Divisions of the High Court of Justice.— By C. Johnston Edwards, Esq., Barrister-at-Law. Demy 8vo. 1888. 16s. EXECUTORS.- Macaskie's Treatise on the Law of Executors and Administrators, and of the Administration of the Estates of Deceased Persons. With an Appendix of Statutes and Forms. By S. C. Macaszie, Esq., Barrister-at-Law. 8vo. 1881. 10s. 6d. Williams' Law of Executors and Administrators. — Ninth Edition. By the Hon. Sir Roland Vaughan Williams, a Ju,stice of the High Court. 2 vols. Roy. 8vo. 1893. SI. 16s. "We can cnnscipntioiisly say that the present edition will not only sustain, but enhance the high reputation which the bonk has always enjoyed The want of a new eiiitiou lias been distinctly felt fur some time, and in this work, and in this work only, will the practitioner now find the entire law relating to executors and administrators treated in an exhaustive and authoritative fa.shion, and thoroughly brought down to the present date."— iat« Journal. EXTRADITION, — Kirchner's L'Extradition. — Recueil Renfermant in Extenso tous les Traites conclus jusqu'au ler Janvier, 1883, entre les Nations civilisees, et dounant la solution precise des difficultes qui peuvent surgir dans leur application. Avec une Preface de M« Geoeges Lachaud, Avocat a la Cour d'Appel de Paris. Publie sous les auspices de M. C. E. Howard Vincent, Du-ecteur des Affaires Criminelles de la Police MetropoUtaine de Londres. Par F. J. Kiechnee, Attache a la Direction des Affaires Criminelles. In 1 voL(H50pp.). Royal 8vo. 1883. 2^. 2s. *,* All standard Law Works are kept in Stock, in law calf and other bindings. 119 & 120, CHANCERY LANE, LONDON, W.C. 16 FARM, LAW OF.— Dixon's Law of the Farm: iucluilint? the Cases and Statutes relatiiiiotis, Foi-ms, and Table of Costs. By Aethtjb Jepsox. E.-jq., Barrister-at-Law. Demy Svo. 1880. 18s. LAW JOURNAL REPORTS,— Edited by Joh>'Mews, Esq., Barrister- at-Law. Published monthly. Annual Subscription : — Reports and Public General Statutes Ket, 3?. is. Reps. Stats. iS: Mews' Annual Digest {Issued Quarterhj) Net, 31. lOs. Or. with the Law Journal weekly, 1/. extra. Subscribers to the above will be entitled to a copy of — An Analytical Digest of Cases in the Law Journal and Law Reports. lS90-9o, published at 1/. 10.«. for .5s. Synopsis of Contemporary Reports, 1832-95,— Printed on linen paper and bound in boards. TTniform in size with the Reports. 'Xou- read;/.) Price, »et, o.s. for 2<. 6d. LAW LIST.— Law List (The).— ComprLsing the Judges and Officers of the Courts of Justice, Counsel, Spectial Pleaders, Conveyancers, Solicitors, Proctors, Notaries, &c., in England and Wales ; the Circuits, Judges, Treastirers, Registrars, and High Bailiffs of ihe County Courts ; Metropolitan and Stipendiary Magistrates, Official Receivers under the Bankruptcy Act, Law and Public Officers in England and the Colonies, Foreign Lawyers with their English Agents, Clerks of the Peace, Town Clerks, Coroners, &:c., &c., and Commissioners for taking Oaths, Conveyancers Practising in England under Certificates obtained in Scotland. Compiled, so far as relates to Special Pleaders, Conveyancers, Sohcitors, Proctors and Notaries, by John Samtjel Pueczix, C.B., Controller of Stamps, and Registrar of Juint Stock Companies, Somerset House, and Pub- lished by the Authority of the Commissioners of Inland Revenue and of the Incorporated Law Society of the United Kingdom. 1897. (Postage 6(/. extra.) {Ready in March.) Net, 10s. M. *,* All standard Laic Works are kept in Stock, in law calf and other bindings. 119 & 120, CHANCERY LANT; LONDON, W.C. 19 LAW QUARTERLY REVIEW— l::dit«i by Sir FiuiDtBicK PoUiOCK, Bart., M.A., LL.D., Corpiis Professor of Juri.-prudence in the L'ni- versity of Oxford. Vols. I.— XII. (with General Index to VoU. I. toX.) Royal 8vo. 1835-96. Each, \U. I^° Subscripttoti for 1897 pott free 12». 6rf., net. S'xngU numbers, eath ot. "The greatest of legal quarterly reviews . . . the series of ' Notes ' always so entertaining and illustrative, not merely of the learning of the accomplished jurist the Editor but of the grace of language with which such learning can he unfolded." — Laic Jourttal. LAWYER'S ANNUAL LIBRARY,— (1) The Annual Practice,— Sxo-w, BuEXET, and Stbesgee. (2} The Annual Digest,— Mews. (3) The Annual Statutes. — Lelt. (4) The Annual County Court Practice. — Smtxt. 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" The cas€s have beenVell selected, and arranged. . . . "We consider that it -will amply repay the student or the practitioner to read both the cases and the note's."— Justice or thr' Peac^. LEASES,— Leiy and Peck's Precedents of Leases for Years, with a short Introduction and Notes. By J. M. Lelt and W. A. Peck, Esqrs.. Barristers-at-Law. Roval Svo. 1SS9. lOs. 6d. LEGAL INTERPRETATION.- Beal's Cardinal Rules of Legal Interpretation.— Collected, and Arranged, by Edwaed Beal, Esq., Barrister-at-Law. Royal Svo. 1S96. 12j. 6rf. "The diligence -with which every scrap of judicial statement which can be construed into a rule is ?ot together is surprising."— Ztic Times. " Jt will be estremelv useful to the profe^ion." — Lair Quarterly. " Invalu.ible to th-^ 'student. To those with a limited library, or a busy practice, it will be indisjjensable." — Justice of Peace. LEX I CO N .— nu-,5 , , . , , . " The general opinion of the profession has always accorded a hi^h place to Mr. Blake Odgers' learned work, and the new edition cannot but enhance tnat opinion." — Late Journal. . ..- i " The most scientific of aU our law books. . . . . Inits new dress this volume is secure of an appreciative profosiional welcome." — Late Ttmes. LIBRARIES AND MUSEUMS.— Chambers' Digest of the Law relating to Public Libraries and Museums, and Literary and Scientific Institutions: with much Practical Information. SrdEdit. ByGEO.F. CHAiCBEESjEsq., Barrister-at-Law. Roy.Svo. 1SS9. S*.6^^. {Published at 31.) Reduced to Net 30s. Robbins' Treatise on the Law of Mortgage. — By L. G. Goedon RoBBiNS, Esq., Barrister-at-Law. Founded on " Coote's Law of Mortgage." {In the press.) MUNICIPAL CORPORATIONS.— Bazalgette and Humphreys.— Vide " Local and Municipal Government." Leiy's Law of Municipal Corporations. — By J. M. Lely, Esq., Barrister-at-Law. Demy Svo. 1882. Ids. 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" Continues to be a vast and closi'ly packed storehouse of information on prartiof at Nisi Pi-iiis." — Law Journal. NONCONFORMISTS.— Winslow's Law Relating to Protestant Nonconformists and their Places of Worship; being a Legal Handbook for Noncouforraists. By Reginald Winslow, Esq., Barri.ster-at-Law. Post Svo. 1886. 6s. NOTARY,— Brooke's Treatise on the Office and Practice of a Notary of England, — With a full collection of Precedents. Fifth Ed. By Gr. F. CiiAMBKKS, Esq., Barrister-at-Law. Demy 8vo. 1890. 1/. 1«. OATHS,— Stringer's Oaths and Affirmations in Great Britain and Ireland; being a Collection of Statutes, Cases, and Forms, with Notes and Practical Directions for the use of Commissioners for Oaths, and of all Courts of Civil Procedure and Offices attached thereto. By Feancis a. Steinoee, of tlie Central Office, Royal Courts of Justice, one of the Editors of the "Annual Practice." Second Edition. Crown Svo. 1893. 4«. 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PERPETUITIES.— Marsden's Rule against Perpetuities. — A Treatise on Remoteness in Limitation. By Reginald G. Maesden, Esq.. Barrister-at Law. Demy Svo. 1883. 16s. PERSONAL PROPERTY.— Smith.— ri«'c" Real Property." •,* All standard Law Works are kept in Stock, in law calf and other bindings. 119 & 120, CHANCERY LANE, LONDON, W.O. 23 PLEADING.— Bullen and Leake's Precedents of Pleadings, with Notes !iud Rules relating' to Pleadiug. Fifth Edition. Ky Tiiomas J. BuLLKN, Esq., B:iiTister-at-Law, Cyril Dono, Esq., Q.C, and C. W. Clifford, Esq., Barrister-at-Law. Demy 8vo. 1897. {Nearly ready.) Odgers' Principles of Pleading in Civil Actions, with observations on Indorsements on Writs, Trial without Pleadings, and other business Preliminary to Trial.— Second Edition. By W. Blake OnoKBS, LL.D., Q.C, Author of "A Digest of the Law of Libel and Slander." Demy Svo. 189-1. 10«. %d. " The Btudont or practitioner who desires instruction and practical pruidance in our modern system of pleading cannot do better than possess himself of Mr. Odgers' book." — Law Journal. POISONS.— Reports of Trials for Murder by Poisoning.— With Chemical Introductions and Notes. By G. LAxnAii Browne, Esq., Barrister-at-Law, and C. G. Stewaet, Senior Assistant in the Labo- ratory of St. Thomas's Hospital, &c. Demy Svo. 1883. 12». &d. POWERS.— Farwell on Powers.— A Concise Treatise on Powers. Second Edition. By Geoeqe Farwell, Esq., Q.C, assisted by W. R. Sheldon, Esq., Barrister-at-Law. Royal Svo. 189.3. \l. 5«. " The practitioner and the judge will find it comprehensive and complete."— Law Times. PRESCRIPTION.— Herbert's History of the Law of Prescription in England. — By T. A. Herbert, Esq., Barrister-at-Law. Demy Svo. 1891. 10«- PRINCIPAL AND AGENT.— Wright's Law of Principal and Agent. By E. B. Weight, Esq., BaiTister-at-Law. Demy Svo. 1894. ISs. " Clearly arranged and clearly written. Completely up to date."— iaw Times. " The work is remarkably complete."— Law Journal. " May with conlidence be recommended to all legal practitioners as an accu- rate and handy text book on the subjects compri.sed m n.''— Solicitors' Journal. PRINTERS, PUBLISHERS, &c.— Powell's Laws specially affect- ing Printers, Publishers and Newspaper Proprietors. By Arthttr Powell, Esq., BaiTister-at-Law. Demy Svo. 1889. 4«. PRIVY COUNCIL LAW.— Wheeler's Privy Council Law: A Sjiiop- sis of all the Appeals decided by the Judicial Committee (including Indian Appeals) from 1876 to 1891. To<;ether with a precis of the Cases from the Supreme Court of Canada. By George Wheeler, Esq Barrister-at-Law, and of the Judicial Department of the Privy Council. Royal Svo. 1893. 31...6fiL " The cases are summarised with brevity and with the sMl of a practised lawyer in seizing upon essential facts and legal points embodied m each case, and in distinguishing law and practice." PROBATE.— Powles and Oakley's Law and Practice relating to Probate and Administration. By L. D. Powles, Barnster-at- Law, and T. W. H. Oaklet, of the Probate Registry, (Being a Third Edition of " Browne on Probate.") Demy Svo. 1892. U. 10«. PROPERTY.— Sec also " Real Property." Raleigh'sOutlineoftheLawof Property.— Demy Svo. 1890. Is.&d. Strahan's General View of the Law of Property.-Intended as a first book for Students. By J. A. Strahan, assisted by J. Sinclaib Baxter, Esqrs., Barristers -at -Law. Demy Svo. 189o. lis. 6d. " A well written and useful work."— /-aio A'()/«. aj i, i "There is no work that we know which we should more confldenUy place in the hands of one beginning the study of the law."— Law limes. * * All standard Law Works are kept in Stock, in law calf and other bindings. STEVENS AND SONS, LIMITED, PUBLIC HEALTH.— Bazalgette and Humphreys.— riffe "Local aud Mimii-ipul Goverumeut." PUBLIC MEETINGS.— Chambers' Handbook for Public Meet- ings, iiiLludiiig Iliuts as to the Suminoiiiiig and Mauageiiieut of them. Second Eilition. By Geoege F. Chawbebs, Esq., Barrister- at-Law. Demy 8vo. 1886. Net, 2s. 6rf. QUARTER SESSIONS,— Archbold.— rif/e " Criminal Law." RAILWAY RATES,— Darlington's Railway Rates and the Carriage of Merchandise by Railway ; includinf>; the Provisional Orders of the Board of Trade a.s sanctioned by Parliament, containing the Classification of Traffic and Schedule of Maximum Rates and Charges applicable to the Railways of Great Britain and Ireland. By H. R. DAEiiiNGTON, Esq., Barristcr-at-Law. Demy Svo. 1893. 1^. 6s. RAILWAYS,— Browne and Theobald's Law of Railway Com- ganies, — Being a Collection of the Acts and Orders relating to aLLway Companies in England and Ireland, with Notes of all the Cases decided thereon, and Appendix of Bye-Laws and Standing Orders of the House of Commons. Second Edition. By J. H. Bauotje Beowne, Esq., one of Her Majesty's Counsel, and H. S. Theobau), Esq., Barrister-at-Law. Royal Svo. 1888. \l. 15s. " Contains in a very concise form the whole law of railways." — The Times. RATES AND RATING,— Castle's Law and Practice of Rating.— Third Edition. By Edwaed James Castle, Esq., one of Her Majesty's Counsel. Demy 8vo. 1895. 25s. "A siu-e and safe gnide, avoiding all speculation as to what the law might be." — I.aiv Miiijiizine. " Mr. Castle's book has liithcrto held a veiy high place, and the success that has attended it seems assured to the new edition." — Law Journal. " A compendious treatise, which has earned the goodwill of the Profession on account of its conciseness, its lucidity, and its accuracy." — Law Times. Chambers' Law relating to Local Rates; with especial reference to the Powers aud Duties of Rate-levying Local Authorities, and their Officers ; comprising the Statutes in full and a Digest of 718 Cases. Second Edition. By G. F. Chambees, Esq., Barrister-at- Law. Royal Svo. 1889. 10s. 6d. REAL PROPERTY.— Digby's History of the Law of Real Pro- perty,— Fourth Edition. Demy Svo. 1892. Us. Gd. Leake's Elementary Digest of the Law of Property in Land. — Containing : Introduction. Part I. The Sources ot the Law. — Part II. Estates in Land. By Stephen Maetin Leake, Barrister- at-Law. Demy Svo. 1874. Kct, lbs. Leake's Digest of the Law of Property in Land. — Part III. The Law of L'sos and Profits of Land. By Stephen Maetin Leaejc, Barrister-at-Law. Demy Svo. 1888. Net, los. Lightwood's Treatise on Possession of Land : with a chapter on tlic Real Property Limitation Acts, 1833 and 1874. — By John M. LiOHTWOOD, Esq., Barrister-at-Law. Demy Svo. 1894. 15s. *,* All standard Law Works are kept in Stock, in law calf and other bindings. 119 & 120, CHANCERY LANE, LONDON, W.O. 26 REAL PROPERTY— cwiia.ptitioneT."— Solicitors' Journal. " A really useful and Valuable work on our system of Conveyancing." — Law Students' Journal. Strahan,— nv/e "Property." REGISTRATION.— Rogers.— Fii^e "Elections." Coltman's Registration Cases,— Vol. I. (1879—1885), Royal Svo. Calf. ^^ei, 2/. 8s. Fox and Smith's Registration Cases,— Vol. I. (188G— 1895). Royal Svo. Calf, net, 21. 10s. Smith's (C. Lacey) Registration Cases. Vol. I., Part I. (1895-96). Net, 6.9. 6d. Lawson's Notes of Decisions under the Representation of the People Acts and the Registration Acts, 1885— 1893, inclu- sive, — By Wm. Lawson, Barrister-at-Law. Demy 8vo. 1894. 24s. Ditto, ditto, for 1894, 4s. 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Kennedy, a Justice of the High Court. Royal 8vo. 1891. 12«- "The best work on the law of salvage. It is a complete exposition of the subject, and as such is accurate and exhaustive."— iazo Times. SHERIFF LAW.— Mather's Compendium of Sheriff Law, espe- cially in relation to Writs of Execution.— By Phjxip E. Mathee, Solicitor and Notary, formerly Under Sheriff of Newcastle-on-Tyne. Royal 8vo. 1894. 25«. " We think that tliis book mil be of verj' ^oat assistance to any persons who may fill the positions of liigh sheriff and under-sheriff from this time forth. The whole of the legal profession will derive great advantage from having this volume to consult." — Law Times. SHIPOWNERS.— Holman's Handybook for Shipowners and Masters. Fom-th Edition. By H. Hol m an, Esq., Bari-ister-at-Law. Royal 8vo. 1896. 5s. SHI PPI NG.— Pulling's Merchant Shipping Act, 1 894.— With Intro- duction, Notes, and Index. By Alexander Pulling, Esq., Barris- ter-at-Law. Royal Svo. 1894. ^"et 6s. Pulling's Shipping Code) being the Merchant Shipping Act, 1894 (57 & 58 Vict. c. 60) ; With Introduction, Notes, Tables, Rules, Orders, Forms, and a Full Index.— By Alexandee Pullejg, Esq., Barrister-at-Law. Royal Svo. 1894. J^et 7s. 6d. Interleaved and bound in blue leather, net lis. Temperley's Merchant Shipping Act, 1894 (57 & 58 Vict. C. 60). With an Introduction ; Notes, including all Cases decided under the former enactments consolidated in this Act ; a Comparative Table of Sections of the Former and Present Acts ; an Appendix of Rules, Regulations, Forms, etc., and a Copious Index.— By Robert Tempeeley, Esq., Barrister-at-Law. Royal 8vo. 1895. 25». " There is evidence of unusual care and industry in Mr. Temperley's elaborate work, by far the most comprehensive which has yet appeared on this lengthy and important consolidating measure." — Law Times. " A full, complete, and most satisfactory work."— iaw Quarterly Review. "A monimient of well-directed industry and knowledge directed to the elucidation of the most comprehensive and complicated Act."- iaii- Journal. SLAN DER.— Odgers.— ri(^e " Libel and Slander." SOLICITORS.— Cordery's Law relating to Solicitors of the Supreme Court of Judicature. With an Appendix of Statutes and Rules, and Notes on Appointments open to Solicitors, and the Right to Admission to the Colonies. Second Edition. By A. Coedeey, Esq., Barrister-at-Law. Demy 8vo. 1888. 16s. Jurner.— Vide "Conveyancing" and "Vendors and Purchasers." *,* All standard Law Works are kept in Stock, in law calf and other binding*. 28 STEVENS AND SONS, LIMITED, SPECIFIC PERFORMANCE— Fry's Treatise on the Specific Performance of Contracts. By the Eifj:lit Hon. Sir KdwaedFet. Third Ktlitinn. By tlio Author and E. Poktsmoutu Fey, Esq., Barri(-ter-at-Law. Royal 8vo. 1892. " 1/. 16*. •'T\\e standnid work ou Specific Performance."— £nu> Gazette. 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