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250

Questions at the Examination.- Professional Lists.

passes to the assignees, and are there any, and whether either or both of these offences may what, exceptions ?

be tried at Quarter Sessions. 56. Suppose a creditor to possess some se 74. State the course of proceedings in bringcurity for his debt, but which he deems to be ing error in criminal cases, and in what cases insufficient, what steps must he take to enable the plaintiff in error is entitled to be admitted him to receive a dividend on the balance? to bail.

57. What should be done by the holders of 75. What is the principle upon which the bills of exchange, not due at the time of the rateable value of property assessed to the poorbankruptcy ?

rate is ascertained ? 58. What is the rule in bankruptcy as to 76. Enumerate the various modes by which, debts barred by the Statute of Limitations ? under the law as it now stands, a settlement

59. Is any priority given to any, and what, may be obtained. debts ?

77. State what provisions have been recently 60. Is a settlement made by a trader in made to prevent the removal of paupers in cerfavour of his wife, before his bankruptcy, valid, tain cases, and how far the same affect the in any, and what, circumstances ?

question of settlement. 61. What is the Law with respect to Part- 78. Upon whom is the liability to repair nerships where one only of several members of highways cast by the Common Law? How a firm becomes bankrupt ?

may this liability be altered by custom, pre62. What are the rights of assignees, either scription, or otherwise ? to retain or relinquish property of the bankrupt 79, What is the nature of a criminal inforheld on lease ?

mation? What is the course of proceeding to 63. Where a bankrupt has entered into a be taken for obtaining a criminal information ? contract relating to land or buildings, which In whose name, and in what Court, must it be the assignees consider not to be beneficial to the filed, and what are the essential requisites for creditors, what course may they pursue ? obtaining it?

64. State the practice under the last Act as to the bankrupt's certificate.

PROFESSIONAL LISTS.
VI. CRIMINAL LAW, AND PROCEEDINGS
BEFORE MAGISTRATES.

DISSOLUTIONS OF PROFESSIONAL PART

NERSHIPS. 65. What are the ordinary steps taken in From 21st Dec., 1852, to 21st Jan., 1853, both prosecuting a criminal charge up to the trial of

inclusive, with dates when gazetted. the party charged ?

66. Under what circumstances may deposi- ! Brooks, James Willis, and Charles James tions taken before the magistrates be used in Whalley, 4, Gray's Inn Square, Attorneys and evidence on the trial of the party accused ? Solicitors. Jan. 14.

67. What is the principle upon which a party Chapman, Gardiner, ard Henry Hansell, charged with a criminal offence may be admitted Norwich, Attorneys and Solicitors. Jan. 14. to bail; and will a party charged with murder Cooper. Thomas, and Bartholomew Howlett, be admitted to bail

Congleton, Attorneys, Solicitors, and Convey68. According to the law as it now stands, lor

nds, ancers. Jan. 11. what are the variances between the evidence and the statements in the indictment which

Curtler, John, and Thomas Holyoake, Droitmay be amended at the trial, and subject to

to wich, Attorneys and Solicitors. Jan. 7. what restrictions or limitations ?

Griffiths, Edward Love, and Frederick Blake, 69. If upon the trial of a person charged Newport and Cowes, Isle of Wight, Attorneys, with a felony, it is found that he only at- Solicitors, and Conveyancers. Jan. 11. tempted to commit the felony but did not Hadfield, George, Samuel Hadfield, and succeed, what will be the result?

George Hadfield, jun., 24, Fountain Street, 70. If a party be charged only with the at- Manchester, Conveyancers, Attorneys, and empt to commit such offences as those referred Solicitors, so far as regards the said George o in the last question as a misdemeanour, and | Hadfield. Jan. 4. he offence is proved to amount to felony, what Jones, William, George Blaxland, and Wilts the course to be pursued ?

liam Halse Gatty Jones, Crosby Square, City, i 71. In cases where it is doubtful whether Attorneys and Solicitors, so far as regards the the facts to be proved against the prisoner said William Halse Gatty Jones. Jan. 4. amount to an actual larceny, or to the receiving | of goods, knowing them to be stolen, what is

Sudlow, John James Joseph, jun., and Alfred the course to be pursued ?

Valentine Gunnell, 18, Great George Street, 72. Define the offence of embezzlement, and

Westminster, Parliamentary Agents. Jan. 14. state how many acts of embezzlement may be Thompson, Joseph, and John Clegg, Bradcharged in one indictment, and within what ford, Yorkshire, Attorneys and Solicitors. period of each other the acts so charged must Jan. 7. have occurred.

| Tribe, William, and William Foard Tribe, 73. Define the respective offences of forgery Worthing, Attorneys and Solicitors. Jan. 4. and uttering forged documents, and state

Direcions to the Common Law Taxing Masters and Scale of Costs. 251 DIRECTIONS TO THE MASTERS OF cases wherein by reason of the nature of THE COMMON LAW COURTS. the action no writ of trial can by law be is

sued, where the sum recovered or paid into IN LIEU OF DIRECTIONS NOW IN FORCE.

Court, and accepted by the plaintiff in satis1. BETWEEN the 1st day of September faction of his demand, or agreed to be paid and the 24th day of October in each year, on the settlement of the action, shall not one of the Masters of the Courts of Queen's exceed twenty pounds (without costs), the Bench, Common Pleas, or Exchequer, shall plaintiff's costs as against the defendant have authority to tax Bills of Costs, take shall be taxed according to the lower scale references, and perform other necessary and of allowances in the Schedule of Costs hereimmediate matters arising in or appertain- unto annexed. Provided, that in case of ing to any or either of the said Courts at trial before a Judge of one of the superior the office of his own Court; and for such Courts, or Judge of assize, if the Judge purpose one of the Masters shall attend on shall certify on the postea that the cause certain days in each week, as may be found was proper to be tried before him, and not necessary, and of which due notice shall be before a Sheriff or Judge of an inferior affixed in the Judges' chambers, and in the Court, the costs shall be tased on the respective offices of the Masters of each higher scale. Court; and such Master shall be considered 8. Where in like actions the sum enas the Vacation Master.

dorsed on the summons shall be more than 2. In order to diminish as much as pos- twenty pounds, but the plaintiff fails to resible the costs arising from the copying of cover more than that sum, and the Judge documents to accompany the briefs of coun- does not certify as aforesaid, the plaintiff's sel, the Masters are to allow only the copy-Icosts against the defendant, whether being of such documents, or such parts of tween party and party or as between attordocuments, as they may consider necessary ney and client, shall be taxed as upon a for the instruction of counsel, or for use at writ of trial before a Judge of a Court of the trial.

Record where attorneys are not allowed to 3. No fee to counsel to be allowed on act as advocates, as hereinafter provided writs of trial, except on trials before the for, but the defendant's costs, if any, are Judge of the Sheriffs' Court of London, or to be taxed upon the higher scale; proof other Courts of Record where attorneys / vided, that in cases triable before the Sheriff are not allowed to practise, and then one or Judge of an inferior Court, where the guinea only.

Judge shall refuse to make an order for 4. The Masters shall have discretion in such trial, the Judge may, if he shall think all cases to allow as between party and party fit, direct at the time of such refusal on the fees of counsel or special pleader for what scale the costs of each party shall be drawing pleadings or other proceedings, taxed, and in default of such direction the whether special or otherwise, and advising costs of both parties shall be taxed on the

5. When judgment is signed on a cog-higher scale. novit, or on a Judge's order, authorizing 9. At the head of every bill of costs the plaintiff to sign judgment, no declara- | taken to the taxing officer to be taxed, it tion to ground judgment shall be necessary shall be stated whether the sum recovered, or allowed on the taxation of costs.

accepted, or agreed to be paid exceeds the 6. The costs of attendance by counsel or

sum of twenty pounds, or not, in the folspecial pleader before a Judge at chambers lowing form: shall in no case be allowed as between party

Debt above twenty pounds. and party, unless the Judge shall certify

Debt twenty pounds or under. for such allowance. 7. In all actions on contract, other than

al, except on ut of London, of to be that in cases

252

Directions to Taxing Masters and Scale of Costs.

GENERAL ALLOWANCE FOR PLAINTIFFS AND DEFENDANTS;

AND IN CASES UNDER £20 AS WELL BETWEEN ATTORNEY AND CLIENT AS

BETWEEN PARTY AND PARTY.

WRITS.

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Above Under Above Under

£20. £20. £20. £20.

£ s. d. £ s. d. £ s. d. £ s. d. Venditioni exponas . .0 13 6 Summons . . .0 12 6 0 10 0 Supersedeas, if not issued Concurrent summons 0 10 0 0 7 6 by a prisoner . 0110 Reneived summons . .010 0 0 7 6 Capias . . . .0 12 6

COPY AND SERVICE OF WRITS.
Alias . . . .0100 -
Pluries . . . .0 10 0

Of summons, the defend.
Capias ad satisfaciendum , 0 12 0 0

ant being served in LonRenewed ca. sa. . .0 9 6 0 86

don, Middlesex, or SurCa. sa. for the residue 0 14 0 0 13 01

rey, within two miles of

the place of business of Renewed . . . .011 6 0 10 6 the attorney, for each deFieri facias . . .0 12 0 0 1 0 1 fendant . . 0 5 0 0 5 0 Renewed . . . 0 9 6 0 8 6 If beyond that distance, Renewed for the residue. 0 14 0 0 13 0 additional for every mile, Renewed . . . .011 6 0 10

al but in cases under 201.

not to exceed 10 miles . 0 1 0 0 0 0 Fi. fa. de bonis ecclesiasticis . .

If the defendant should be . .0 14 6

served in any other Renewed . . . .0 12 0

county, the same allowHabere facias pos. and fi.

ance, but the distance to fa. or Ca. sa. for costs

be calculated from the in one writ. . .0 18 0

office of the attorney emHabere fa. pos. alone 0 15 0 - ployed to effect service . Special indorsements on

Of writ of revivor, the
writs of summons 0 5 0 0 2 6 same as summons
Writ of revivor . 0 12 6 0 10 0 Of writ of ejectment, the
Ejectment . . .0 15 0 - 1 same as of writ of sum-
Of trial, exclusive of fee.

0 8 0

| mons for each defendant

And in addition, for every Subpæna ad test.

0 7 0 0 5 0 folio of copy beyond Subpæna duces tecum 0 9 0 0 7 0 three . . . . If above four folios, addi

Correspondent's charges tional per folio . 0 0 8 0 0 4 for service of writ, inExigi facias . . 1 1 0 -- cluding affidavit of serCapias utlagatum . 1 1 0

vice, and exclusive of Elegit, Nos. 9, 10, and il,

mileage in cases in which

the fixed sum for costs in New Rules . 0 15 0

does not apply . 0 18 0 0 12 0 Ditto, Nos. 12, 13, and 14 1 0 0

The like for service of subAttachment . . .0 12 0

pænas . . . .0 8 6 0 5 0 Detainer . . . .0 12 6

Extra for subpænas duces Habeas corpus obtained by

tecum . . . 0 2 0 0 2 0 plaintiff, including allow

Notice of writ for service • 1 0 0

on a foreigner out of Procedendo . . .0 15 0

jurisdiction.

0 3 0 0 3 0

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Directions to Taxing Musters und Scale of Costs.
Above Under

Above
£20. £20.

£20. £ s. d. £ $. d.

£ s. d. Agents' charges according

One or more pleas, if three to circumstances, &c. .

folios or under, exclusive In cases in which the de.

of instructions, but inclufendant shall avoid ser

sive of ingrossing 0 4 0 vice, and an order shall

If above three folios, for be made to proceed, a

every folio drawing 0 1 0 sum will be allowed for

Joinder of issue, inclusive attendances to serve ac

of ingrossing . 0 4 0 cording to circumstances

| Demurrer, inclusive of in Of subpæna ad test. 0 5 0 0 3 0

grossing
gross

. . .0 4 0
Of subpæna duces tecum 0 7 0 0 5 0 Joinder in demurrer, inclu-
Mileage as before.

sive of ingrossing 0 4 0 Marginal statement of mat

ter of law for argument,

exclusive of copies for INSTRUCTIONS,

the Judges . . .0 6 8

Replications, new assignInstructions to sue or de

ments, grounds of error, fend, for pleadings, spe

assignment of errors, cial affidavits where al

pleas to assignment of lowed, and to counsel

errors, and other pleadon special matters 0 6 8 0 3 4 ings, the same as the To counsel in common mat

foregoing charges for ters . . . .0 3 4 0 3 4 pleas. For brief . . . .0 13 4 0 6 8 Issue or demurrer book 0 6 8 If difficult, and many wit

Record . . . . Nil. nesses or documents,

Postea, when drawn by discretionary .

- Nil. attorney, including en-
For every suggestion 0 6 8 0 3 4 grossing, for every folio 0 1 0
For plea of suggestion 0 6 8 0 3 4 Judgment, whether by de-
For issue in fact by con- .

. .0 3 4 sent . .

013 4 0 6 81 Authority to receive moneys For suggestion to revive,

out of Court . .0 3 0 or writ of revivor, when

Suggestions, pleas to sugno rule necessary . 0 6 8 0 3 4 tions, and subsequent For rule for writ of revivor,

pleadings, of three folios when necessary . .0 6 8 0 3

or under, inclusive of

. 0 ingrossment

4 0 For proceeding in error H0 6 8

If above three folios, for To defend for executor,

| every folio drawing 0 1 after suggestion of death

0 of original defendant .0 6 8 0 3 4 Issue for the trial of facts For agreeinent of damages 0 6 8

| 0 3 4

by agreement, for every

folio . . . :O 1 0 For grounds of error 0 6 8

Special case, per folio 0 1 0 For assignment of errors

Agreement of damages and after notice. . .0 6 8

copy, if five folios or For confession of action in

under . . . .0 6 8 ejectment as to the whole

Above five folios, for every or in part . : 0 6 8

folio drawing . 0 1 0 To reduce Special Jury . 0 13 4

And copy per folio . 0 0 4
Drawing writ of inquiry .0 3 4

Special particulars of de
DRAWING PLEADINGS, &c.

mand or set-off and copy,

per folio . . .0 0 8 Declaration, inclusive of

Short ditto, and copy 0 5 0 instructions and engross

Abstract of pleas, when neing, and of attendance

cessary, and fair copy, to file or deliver. 1 5 0 0 10 0 and copy for Judge .0 5 4 If above ten folios, for

Bill of costs and copy for every folio . . .0 1 0 0 1 0 taxation, per folio 0 0 8

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254

Directions to Taring Masters and Scale of Costs.
Above Under

Above
£20. £20.

£20. £ s. d. £ s. d.

£ s. d. Copy for the opposite party 0 0 4 - - By defendant

By defendant to bring issue Drawing bill of costs and

to trial, copy and service 0 4 0 copy, per folio 4d., not to exceed

For special jury to opposite . . . - 0 4 0

attorney, copy and serCopy for the opposite

vice, pursuant to section party, per folio 4d., not

109 . . . . 0 5 0 to exceed . . .

- 0 4 0 The like to sheriff, pur Drawing and ingrossing

suant to section 112' . 0 5 0 coinmon cognovit, and

To executor or administraattendance thereon 013 4 0 68

tor of sole defendant deIf special and long . 0 0 0 10 0

ceased, to appear to writ Replication accepting

and suggestion . 0 5 0 money out of Court in

To sheriff of renewal of full of demand, inclusive

execution, exclusive of of instructions : 0 4 0 0 3 0

any payment . 0 5 0 Similiter or joinder of issue

To plaintiff in error to asto obtain order to try be

sign errors . . 0 5 0 fore sheriff . . . -- 0 3 0 ofico

' of discontinuance of error 0 4 0

Of confession of error 0 4 0
INGROSSING AND COPYING.

Of plaintiff's in error in-
Declarations, above 'ten

tention to proceed to folios, per folio

0 0 4 0 0

personal representatives 4

of defendant deceased .0 5 0 Other pleadings before enumerated, abore three

Of appearance when apfolios, per folioi 0 0 4 0 0 4

pearance duly entered

and notice given on the Issue (pleadings), if fifteen

day of appearance, but folios, or under . 0 5 0

not otherwise . 0 4 0 If above fifteen folios, for

Of appearance to writ of every folio . . .0 0 4 0 0 4 re

revivor . . 0 5 0 Issue (pleadings), if ten

To plead . . .0 4 0 folios or under . . - 0 3 4

Of declaration when neces-
Above ten folios, per folio -- 0 0 41 sary, copy and service. 0 5 0
All proceedings on paper,

| Of objection for misjoinder
per folio . . .0 0 4 0 0 41 or nonjoinder of plain
The like on parchment, per

copy and service. 0 4 0 folio . . . .0 0 6 0 0 4 To sheriff to discharge a Judgments for non-appear

prisoner out of custody, ance on specially indors

copy and service. 0 5 0 ed writs, or writs of re

Notice in ejectment to devivor, and in ejectment,

fend for part of premises to be taken as nine folios,

and service .

0 6 0 including the writ in actions above 201., and six

If above three folios, for folios under 201.

every folio additional 0 1 0 The allowance of 11 38. 2d,

Notice of admission of right for interlocutory judg

and denial of ouster by a ments will be discon

joint tenant, &c. . .0 6 0 tinued, and the drawing,

If above three folios, for entry, and other charges

every folio . . 0 0 4 will for the future be ac

Discontinuance by claimcording to this scale.

ant in ejectment and serThe length of interlocutory

vice . . . 0 5 0 and final judgments will

Of confession of action of be allowed as heretofore,

ejectment as to the whole

or in part, and service. 0 10 0 NOTICES.

Of trial, inquiry, demand To declare, reply, and sub

of residence of plaintiff, seguent pleadings, copy

of authority for issuing and strvice . . .0 4 0 0 3 0

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