« EelmineJätka »
Fees in the Common Law Courts. may be fully known, and measures taken to This appears to be a reduction, but £ s. d. procure a remedy. We understand, it is use. I is in fact an increase of ls. The preless to appeal to the Treasury at present; but;
hust sent charge being, judgment 58., filat the commencement of the Sessions, a return ling copy writ annexed to the affidavit
W ing affidavit of service of writ 2s., filmight be moved for of the amount received in 28., making in all 9s.; the old charge Michaelmas and Hilary Terms, as compared | being only 8s... with the receipts in the same Terms in the pre.
Every final judgment otherwise
than judgment by default . . .0 10 0 vious year,
This is an increase of 2s. upon the
old charge, and if any document be Every writ (except writ of trial or £ s. d filed, a further increase of 2s. subpæna) .
. 0 5 0 Taxing every bill of costs not exEvery concurrent, alias pluries or ceeding 3 folios ..
.0 2 0 renewed writ. . . . .0 2 6! This is an increase of 1s., or double Every writ of trial :
. 0 2 0 the former charge. Every writ or subpæna before a
Taxing every bill of costs exceedJudge or Master
0 2 0 ing three folios, when taxed as beEvery writ or subpæna before the
tween party and party, per folio 0 0 6 sheriff . . .
.0 1 0! This is also an increase : the usual Every appearance entered . 0 2 0 charge being 1s. per side, which is esThe above fees have not been altered.
timated to contain 3 folios, and it is Each defendant after the first 0 1 0 therefore an increase of half the oriThis is an additional fee not charge
ginal charge. ed before.
Taxing every bill of costs exceeding Filing every affidavit, writ, or other
3 folios, when taxed as between attorproceeding . . . . .0 2 0 ney and client, or where the attorney This used to be 1s., and in a great
taxes his own bill, per folio . 0 1 0 many instances documents were filed
This is a large increase on the old without any charge being made. It
charge-nearly double. will considerably increase the expense
Every reference, inquiry, examinaof a cause, as filing documents often
tion, or other special matter referred occur.
to the Master, for every meeting not Amending every writ or other pro
exceeding one hour . . . .0 10 0 ceeding . .
. .0 2 0 For every additional hour or less. 0 10 0 This is an addition to the fee of 6d.
These items are reasonable enough before charged for amending the
as the value of the Master's time; precipe, or rather for searching for it.
but until now a fee of one guinea was The 28. will now be charged in ad
paid for his report without regard to dition to the 6d., making 2s.6d. alto
the time occupied in the inquiry. gether ; previous to this scale of fees
Upon payment of money into the charge was 6d. only Every ordinary rule .
Court, viz. :
. .0 1 0 It does not appear what an ordinary
For every sum under 501.
0 5 0 rule is a rule to change the venue
50l. and under 1001. . . .0 10 0 which is drawn up as of course upon
1001. and above that sum . 1 0 0 producing an affidavit and motion
This is an entirely new fee. paper, is held to be a special rule and
Every certificate . . . .0 1 so charged.
Office copies of percipe or other Every special rule not exceeding 6
proceedings, per folio . . .0 folios . . . .0 4 0
Every search, if not more than two This is the old charge, but is really
terms . . . .
. 0 0 6 increased by the charge of 2s. for fil.
And not more than four terms 0 1 0 ing affidavits and documents instead
Exceeding four terms, or a general of 1s. Thus, a rule to change the
search . . . . . O 2 6 venue, which was before charged 6s.,
This is an increase in many cases, - viz., rule 4s. and filing order and
such as searching for appearance and affidavit 28.,-is now charged 8s.,
searching for declaration, and these yiz., rule 4s. and filing order and afa
items occur in almost every cause. fidavit 4s.
Every affidavit, affirmation, &c., Every special rule exceeding 6
taken before the Master, . 0 1 0 folios, per folio.
. 0 0 6 Filing every recognizance or secu. This is an addition to the old fee.
rity in ejectment or error . . .0 2 6 Note.- Plans, sections, &c., accom
Every allowance and justification panying the rules, to be paid for by
of bail , . the party taking the rule, according to
For taking special bail as a Comhe actual cost.
:. . . . .0 2 0 Every judgment by default . .0 5 0 Filing affidavit, and enrolling arti
This is a neteit.
Fees in the Common Law Courts. — Index to the Statutes relating to the Law. 171
£ s. dol The same as before, except that in £ s. d. cles previous to the admission of an
Term a summons was 1s. only. attorney ..
. . .0 5 0 Every order of a special nature, Every re-admission of an attorney 0 5 0 such as reference to arbitration or atThese fees appear to be the same
tendance of witnesses at arbitration; as before.
service of process on persons residing ASSOCIATES.
abroad; reference to the Master to fix Every record of Nisi Prius delivered
sum for final judgment, revival of to the associate to be entered for trial i 5 o judgment, and the like . . .0 5 0 This is an increase of 138. 4d. on
| This is an increase of 2s., the old 118. 8d. in the Queen's Bench, and
charge being 3s. 88. in the Exchequer by 17s.
Every fiat, warrant, certificate, caEvery trial of a cause from plaintiff i 0 oveat, special case, special verdict, or Every trial of a cause from defend
the like . .
. .0 5 0 ant . . . . . . .0 15 0 This is an increase of 2s. 6d., the Every trial of a cause if the trial
old charge being 28. 6d. continue more than one day, then for
Every affidavit, affirmation, &c., every other day from plaintiff and de
whether in Term or Vacation, each fendant, each . . . . .0 10 odeponent . . . . . .0 1 0 These fees are reduced.
The old charge was ls. in Term
Every affidavit kept for the purpose Every cause made remanet, at the of being conveyed to the proper office instance of the parties, to be paid by
to be filed . .
0 2 0 . . This is an increase, the old remanet
This is an increase, the old charge fee being 4s.
| being 1s. Every cause withdrawn to be paid
Every admission of an attorney 1 0 0 by the party at whose instance it is
If this includes all the fees relating withdrawn .
o 5 o to an admission, it will be a reduction. This is an increase of 1s., the old | The present fees amount to ll. 17s. fee being 4s. Re-entering every record of Nisi
In the remaining fees there is little or no Prius made remanet, &c. .
0 2 0 alteration. This is a new charge altogether.
FEES ABOLISHED. Every reference from plaintiff and defendant, each . . . .0 5 0
Appearance sec, stat. .
0 2 0 This is a new charge.
Rule to plead . .
.0 1 0 Every amendment of any proceed
Rule to plead several matters .0 5 0 ing whatever . 0 2 0 1
6 Counsel's signature
.0 10 This is a new charge, but will not
Passing record .
.07 be an addition, unless an order to
Pleading fee .
.0 7 amend is also charged for.
Returning venire . . . .0 3 6 Every order or certificate . 0 5 0
Distringas . . . . . .0 12 0 The same as before. Every special case or special ver
| INDEX TO THE STATUTES RELATING dict, in addition to the charge for in
TO THE LAW. grossing and copying, at the rate of 4d. per folio from plaintiff and defendant, each . . . .
15 & .0 10 0
16 Vict. This is a new charge altogether.
In the last volume we gave the list of all the Attending any Court or otherwise
Public General Acts of the Session in the order with any record or other proceeding under writ of subpæna or special
in which they passed. (See 44 L. O., p. 477.) order of Court, per day. . 1 0 0 It may be useful to add an alphabetical index The same as before.
of such of the Statutes as particularly relate to JUDGES' CLERKS.
the Law. They are as follow :Chambers of the Chief and Puisne Judges. Abolition of Offices. See Master in Chan
£ s. d. cery;— Nisi Prius Officers ;-Secretary of Every summons to try an issue be
Bankrupts. fore the sheriff . . . .0 1 0 Administration of Personal Estates of IntesEvery other summons whatever,
tates and others, to which Her Majesty may be whether in Terms or Vacation . .0 2 0 entitled in right of Her Prerogative, or in right Every order to try an issue before
of Her Duchy of Lancaster ; c. 3. the sheriff .
. .0 1 0 Bankrupts, to abolish the Office of Lord Every other order whatever of an
Chancellor's Secretary of, and to regulate the ordinary nature . . . .0 201
Index to the Statutes relating to the Law, 15 & 16 Vict. Office of Chief Registrar of the Court of, Durham Superior Courts. See Common Bankruptcy; c. 77.
Law Procedure. Births, Deaths, &c., to amend 6 & 7 W.4! Ecclesiastical Jurisdiction for further conc. 86, for registering ; c. 25.
tinuing certain temporary Provisions conBurial of the Dead in the Metropolis, to cerning; c. 17. amend the Laws concerning ; c. 85.
| Elections of Members of Parliament; to Chancery (Court of); to abolish the Office of provide for more effectual Inquiry into the Master in Ordinary of the High Court of Existence of corrupt Practices at; c. 57. Chancery, and to make Provision for the more Enfranchisement of Copy holds; to extend speedy and efficient Despatch of Business in the Provisions of the Acts for the Commutathe said Court; c. 80.
tion of Manorial Rights, and for the gradual Chancery (Court of); for the relief of Suitors Enfranchisement of Lands of Copyhold and of; c. 86.
Customary Tenure; c. 51. Chancery (Court of); to amend the Practice Engravings, to explain the Acts relating to and Course of Proceeding in; c. 87.
Copyright in; c. 12. Common Law Procedure ; to amend the Pro- Evidence, to amend the Law of, in Scotland; cess, Practice, and Mode of Pleading in the c. 27. Superior Courts of Common Law at West- Excise, to amend the Laws relating to minster, and in the Superior Courts of the summary Proceedings for Penalties and ForCounties Palatine of Lancaster and Durham; feitures under the Acts relating to; c. 61. c. 76.
Friendly Societies, to continue and amend Commons Inclosure; to authorize the Inclo-13 & 14 Vict. c. 115, to consolidate the Laws sure of certain Lands in pursuance of the relating to; c. 65. Seventh Annual and also of a Special Report Health, General Board of; to confirm cerof the Inclosure Commissioners ; c.2.
tain Provisional Orders of the General Board Commons Inclosure Acts Extension; to of Health, and to amend the Public Health amend and further extend the Acts for the Act, 1848; c. 42. Inclosure, Exchange, and Improvement of Health, General Board of; to confirm cerLand; c. 79.
tain Provisional Orders of ; c. 69. Copyholds. See Enfranchisement of Copy- Highway Rates, to continue 4 & 5 Vict. e. holds.
| 59, for authorising the application of, to TurnCopyright ; to enable Her Majesty to carry pike Roads; c. 19. into effect a convention with France on the Inclosure, Exchange, and Improvement of Subject of Copyright; to extend and explain Land, to amend and further extend the Acts the International Copyright Acts; and to ex- for; c. 79. plain the Acts relating to Copyright in Engrav- Inclosure of Lands; to authorise the Inings; c. 12.
closure of certain Lands in pursuance of the Corporations (Municipal), further to explain Seventh Annual and also of a Special Report and amend 5 & 6 W. 4. c. 76. and 3 & 4 Vict. of the Inclosure Commissioners : c. 2. c. 108, for the Regulation of; c. 5.
| Incumbered Estates; to continue the Powers County Courts further Extension ; further of applying for a Sale of Lands under the Act to facilitate and arrange Proceedings in; c. 54. 12 & 13 Vict. c. 77, for facilitating the Sale
County Rates, to consolidate and amend the and Transfer of lucumbered Estates in IrsStatutes relating to the AssessỊent and Collec- land; c. 67. tion of; c.81.
Indemnity; annual Act to Indemnify such Courts of Common Law: to make Provision Persons as have omitted to qualify themselves for a permanent Establishment of Officers to for Offices and Employments, and to extend perform the Duties at Nisi Prius in the Supe- the Time limited for those Purposes respetrior Courts of Common Law, and for the Pay- tively; c. 4. ment of such Officers and of the Judges Clerks Intestates, to provide for the Administration by Salaries, and to abolish certain Offices in of Personal Estates of Intestates and others, to those Courts ; c. 73.
which her Majesty may be entitled in right of Crown Revennes, &c.; to alter and amend her Prerogative, or in right of her Duchy of certain Acts relating to the Woods, Forests, Lancaster; c. 3. and Land Revenues of the Crown; c. 62. Inventions, for extending the Term of the
Crown; to remove Doubts as to the Lands Provisional Registration of, under “The Proand Casual Revenues of the Crown in the Co. tection of Inventions Act, 1851;" c. 6. lonies and Foreign Possessions of her Majesty ; Inventions, amending the Law for granting C. 39.
Patents for; c. 83. Deaths, &c.; to amend 6 & 7 W. 4, c. 86, Judges' Clerks. Sec Nisi Prius Officers. for registering ; c. 25.
Justices of the Peace; to explain 13 Vict. c. Disabilities, to repeal certain [imposed on 64, relating to the Authority of Justices of Members of either House of Parliament] the Peace to act in certain Matters relating to under 1 G. 1, c. 13, and 6 G. 3, c. 53; c. 43. the Poor in Cities and Boroughs ; c. 38. Disfranchisement of St. Alban's; c. 9.
Lancaster Superior Courts. See Common Dissenters (Protestant), to amend the law Law Procedure. relating to the certifying and registering! Loan Societies, to continue 3 an d4 Vi ct. Places of Religious Worship of; c. 36. 110, to amend the Laws relating to; c. 15.
Index to the Statutes relating to the Lar.--Evidence in Chancery.
173 Lunatics, for the Amendment of the Law re- Suitors of the High Court of Chancery, for specting the property of; c. 48.
the Relief of; c. 87. Marriages, &c., to amend 6 & 7 W. 4, for Trustees' Act Extension ; to extend the Proregistering ; c. 25.
visions of “ The Trustee Act, 1850;" c. 55. Master in Chancery Abolition; to abolish the Turnpike Acts, to continue certain ; c. 58. Office of Master in Ordinary of the High Court Turnpike Roads, to continue 4 & 5 Vict. c. of Chancery, and to make Provision for the 59, for authorising the application of Highway more speedy and efficient Despatch of Busi- Rates to; c. 19. ness in the said Court ; c. 80.
| Turnpike Roads, to continue certain Acts for Municipal Corporations, further to explain regulating ; c. 22. and amend 5 & 6 W. 4, c. 76, and 3 & 4 Vict. Turnpike Trusts, to confirm certain Provic. 108, for the Regulation of; c. 5.
sional Orders made under 14 & 15 Vict. c. 38, Nisi Prius Officers; to make Provision for to facilitate Arrangements for the Relief of, a permanent Establislıment of Officers to per- and to make certain Provisions for Exempform the Duties at Nisi Prius, in the Superior tions from Tolls ; c. 33. Courts of Common Law, and for the Payment Water, to make better Provision respecting of such Officers and of the Judge's Clerk by the Supply of, to the Metropolis; c. 84. Salaries, and to abolish certain Offices in those Wills; for the Amendinent of 1 Vict. c. 26 Courts ; c. 73.
“ for the Amendment of the Laws with respect Parliament, to shorten the Time required for to Wills ;" c. 24. assembling, after a Dissolution thereof; c. 23. Witnesses. See Evidence.
Parliament, Members of; to repeal certain Disabilities [imposed upon Members of either House of Parliament] under 1 G. 1, c. 13, and
EVIDENCE IN CHANCERY. 6 G. 3, c. 53 ; c. 43.
Parliament ; to provide for more effectual | EMPLOYMENT OF SHORT-HAND WRITERS. Inquiry into the Existence of corrupt Practices at Elections for Members to serve in; c. 57.
The late Examiner, Mr. Plumer, having See also Representative Peers.
requested Mr. Morton, the short-hand writer, Passengers, to amend and consolidate the to out the following suggestions which he
the to put the following suggestions which he had Laws relating to the Carriage of, by Sea; c. 44. Patents for Inventions, amending the Law
made, into writing, we have been requested, in for granting ; c. 83.
consequence of the lamented death of Mr. Poor; to continue 14 & 15 Vict. c. 105, for Plumer, to give publicity to the suggestions charging the Maintenance of certain poor Per- / which appear to have received the favourable sons in Unions upon the Common Fund ; c. 14.|| Poor ; to continue the Exemption of Inha
$. attention of the late Examiner. bitants from Liability to be rated, as such, in “There can be no doubt that much of the respect of Stock in Trade or other Property, to advantage of vivá voce examination must be the Relief of; c. 18.
lost in the process of taking it down in the orPoor ; to explain 12 Vict. c. 8, and 13 Vict. dinary way—by common writing. Not only is C. 64, concerning the appointments of Over- it in the highest degree tedious, and conseseers, and the Authority of Justices of the quently expensive-the witness must attend Peace to act in certain Matters relating to the for days in some instances before his examinaPoor in Cities and Boroughs; c. 38.
tion, cross-examination, and re-examination Poor Law Board, to continue; c. 59. can be completed-but the slow pace at which it Property Tax; to continue the Duties on proceeds affords those opportunities for evasion Profits arising from Property, Professions, and concealment which are found to be great Trades, and Offices ; c. 20.
obstacles to the discovery of truth. Again, Provident Societies, to legalise the formation evidence so taken can rarely, if ever, be taken of; c. 31.
in the witness's own words, from the difficulty Registration (Provisional) of Inventions of following the questions and answers, and under “the Protection of Inventions Act, also because the narrative form almost pre1851," for extending the Term of; c. 6. cludes an adherence to the exact words.
Registration of Births, Deaths, and Mar- “These difficulties were felt so strongly upon riages to amend 6 & 7 W. 4, c. 86, for; c. 25. committees of the House of Commons, that so
Representative Peers, to amend 14 & 15 long ago as 1802, Mr. Michael Angelo Taylor Vict. c. 87, to regulate certain Proceedings in introduced a clause into his Act for regulating relation to the Election of; c. 35.
the Proceedings of Election Committees, authoStamp Duties; to continue the Stamp Duties rising the employment of short-hand writers to granted by 5 & 6 Vict. c. 82, to assimilate the take down the evidence, and from that time to Stamp Duties in Great Britain and Ireland ; this they have been authoritatively employed and to make Regulations for collecting and upon all committees of both Houses of Parliamanaging the same; c. 21.
ment; and it is admitted by all persons conStock in Trade; to continue the Exemption versant with the subject, that the result has of Inhabitants from Liability to be rated, as been, not only to facilitate the labours of comsuch, in respect of Stock in Trade or other mittees, but greatly to shorten the time, and Property, to the Relief of the Poor ; c. 18. consequently to lessen the expenses of such in174
Evidence in Chancery-Employment of Short-hand Writers.
quiries in the attendance of counsel, witnesses, evidence in all cases would be taken down in &c. Indeed, it is obvious that without the the exact words of the witness, which might at assistance of short-hand writing, no such in any time be referred to. 3. The substance and quiries as have been gone into of late years effect of the evidence might still be given in a upon railway bills, &c., could ever have taken narrative form, so as not to add to the bulk of place. Of course, the value of the matter proceedings, or to the labours of the Judges or thus recorded, and sometimes published in counsel; with this great advantage, that the • Blue Books,' is quite beside the present narrative so given might always be compared question. It must frequently happen that with the ipsissima verba, and its accuracy and much of the evidence taken in a suit may turn completeness so conclusively tested. out to be unimportant, but still it must be “With regard to the supposed difficulty of taken; the question is, in what mode
finding a sufficient number of competent short“There are, no doubt, difficulties in the hand writers, no such thing in fact exists. way of employing short-hand writers authori- Nothing would be more easy than for the Intatively in legal proceedings. 1st. Evidence corporated Law Society, or a committee of taken down verbatim in question and answer solicitors to be nominated by it, to select permust run to greater length than when given in sons of adequate skill and experience who a narrative form. 2nd. The expense of taking I would be competent for all the duties above copies, the labour of perusal, &c., must be pro- indicated. So long as the Court or any comportionably increased. 3rd. The taking down petent authority shall refuse to take any trouble of evidence in short-hand requires a certain / in the matter, it is not to be expected that every amount of skill and intelligence.
person calling himself a short-hand writer shall “I presume, it was from a consideration of possess any high degree of skill or intelligence, these objections that the Chancery Commis- but as the work of selection would in this case sioners recommended that the evidence should be an easy one, the only question seems be be taken down by the Examiners in the ordi- whether the plan I suggest, would not be for nary way, and given in the narrative form. the public benefit.
“How far the experiment has been tried, or “I am satisfied that no greater improvement has been found successful, where the witness could be effected in the Courts of Law and has been examined and cross-examined by Equity and in the offices connected with them, counsel, instead of upon interrogatories, I am than by putting the Profession of short-hand unable from my own experience to state, but writing upon such a footing that it could with believing that it must in the nature of things safety be authoritatively employed in all their be attended by great difficulties, I am inclined proceedings, and at such a cost as would place to think it must ultimately be abandoned, un- no new burden on the suitors, while it would less the aid of short-hand writing be resorted greatly facilitate the labours of the Judges and to. I would beg, therefore, to suggest a mode their officers, counsel, and solicitors; and the by which the latter alternative might be adopt- first step towards such an improvement is, in ed without giving rise to any inconveniences my opinion, to put short-hand writing upon the apprehended from it.
focting of a profession by imposing some test "I should propose that certain well-qualified of competency upon those who enter it, and by short-hand writers be appointed to attend the subjecting it to such regulations as will insure Examiners, &c., upon the examination of wit-its skilful and honest practice. On the other nesses to take verbatim minutes of the questions hand, nothing could well be more unsatisfacand answers, and afterwards to write out from tory than the present state of things, except, such minutes a statement of the evidence in the indeed, the creation of anything like a monoply narrative form, giving it, where desirable, in in the Courts or elsewhere. Parliament, some the witness's exact words ; such statement to years ago, committed the mistake of throwing be read over to the witness in the presence of the whole of its business into the hands of a the Examiner, &c. Should any question arise single individual, upon the principle of having as to the correctness of the statement, the short-a “responsible head” to the department; the hand writer would refer to his verbatim minutes, result of which has been that he has treated it, and the statement might be amended or am- not unnaturally, as his own private concern; plified, or the witness might be allowed to make and to this, perhaps, more than to any other verbal or substantial corrections at the Exami- cause, it is owing that the profession, as such, ner's discretion. Should either party wish to has never acquired any status, and that the be furnished with a verbatim copy of the mi- Legal Profession and the Public have been de nutes, the short-hand writer would be at liberty | prived of many of the facilities it would other. to furnish it. The charges for the attendance / wise be capable of affording in the administraof the short-hand writer, for the abridged state- tion of Justice. ment, and for the verbatim copy, to be fixed by
EDWARD MORTON. the Lord Chancellor, the Examiners, or other Cannon Row, Parliament Street. authority. “The advantages of employing short-hand |
[We think these suggestions highly valuable, writing in such a mode would be three-fold.- ably stated, and well entitled to the consider1. It would be attended with great saving of ation of the Profession'-ED.] time, and consequently of expense, in the attendance of counsel, witnesses, &c. 2. The