REGULÆ GENERALES. NOTICE. ... Every Affidavit intended to be used, or read, or referred to prior to the application being heard before the Judge ... THE following Documents, before being presented to, or left with the Judges' Clerks, must have the proper Stamp or Stamps affixed thereon or thereto, viz.: Every Affidavit left or filed in support of ex parte applications Rate of Fee. 8. d. 1 0 1 0 1 0 1 0 5 0 ... 2 0 ... 10 0 10 0 ... 2 0 ... Every Affidavit before being tendered to be sworn or affirmed (each deponent) Every Special or Appeal Case, Demurrer or Error Book, Certificate, Fiat, Caveat, &c. *Every Recognisance (on Bond, Newspaper, and the like) *Every Acknowledgment by Married Women, every Acknowledgment *Every Fiat for Allowance of Costs in Actions under 201. where Judgment is signed by default for want of appearance SUMMONS TO BE ATTENDED BY COUNSEL. Prior to the same being heard, the Stamp must be affixed on the original or copy Summons by the party giving the notice, and if opposed by Counsel, the party opposing must affix a similar Stamp on the original or copy served As to the following Documents, the Parties applying for the same must be prepared with the necessary Stamp or Stamps to affix thereon, viz.: Every Commission for taking Affidavits or Special Bail, exclusive of Stamp duty... 20 0 N.B.-These lists do not include all the Fees receivable at the Judges' chambers, but only such as are of daily occurrence. Judges' Chambers, Dec. 30, 1865. NEW SERIES, 35.-Com. Law Orders. D ALTERED AND AMENDED TABLE OF FEES. In pursuance of an Act passed in the session of Parliament held in the fifteenth and sixteenth years of the reign of Her Majesty, chapter seventy-three, intituled 'An Act to make provision for a permanent establishment of officers to perform the duties at Nisi Prius in the Superior Courts of Common Law, and for the payment of such officers and the Judges' clerks by salaries, and to abolish certain offices in those Courts,' we, the undersigned, have caused the under-mentioned altered and amended Table of Fees to be prepared, specifying the fees proper to be demanded and taken by the Clerks of Assize, as associates, and their officers in reference to proceedings at Nisi Prius on the Circuits, namely: On re-entering the record of any cause which has been withdrawn or struck out ... £. s. d. 200 1 0 0 100 1 0 0 100 For attendance at any Court on a writ of subpoena for every day after the first day A. E. COCKBURN, Lord Chief Justice of the Court of Queen's Bench. JAS. WILLES, COLIN BLACKBURN, Judges of the Superior Courts of The before-mentioned altered and amended Table of Fees having been sanctioned and allowed by the Lords Chief Justices, the Lord Chief Baron, and other Judges, as required by the before-mentioned Act of Parliament, we do hereby order that the said Table of Fees be inserted and published in the London Gazette. Treasury Chambers, Whitehall, this 12th day of February, 1866. WHEREAS by an Act passed in the Session of Parliament held in the twenty-eighth year of the reign of Her Majesty, cap. 45, entitled 'An Act to provide for the Collection by means of Stamps of Fees payable in the Superior Courts of Law at Westminster, and in the Offices belonging thereto,' it is provided by the third section thereof, that the Commissioners of Her Majesty's Treasury, with the concurrence of the Lord Chief Justices and of the Lord Chief Baron, may from time to time make such rules as seem fit for regulating the use of the stamps under this Act, and particularly for prescribing the application thereof to documents from time to time in use or required to be used for the purposes of such stamps, and for insuring the proper cancellation of adhesive stamps and keeping account of such stamps. Now we, being two of the Lords Commissioners of Her Majesty's Treasury, with the concurrence of the Lords Chief Justices and of the Lord Chief Baron, do hereby order and direct that the following Rules be observed in respect to stamps used and taken in reference to proceedings at Nisi Prius on the Circuits by the Clerk of Assize acting as Associate, his officers and clerks: 1. The stamps to be used for collecting the fees payable to the Clerks of Assize as Associates on Circuit, shall be procured and paid for by the parties liable to pay such fees. 2. A book or books shall be kept by the Clerks of Assize acting as Associates on Circuit, in which book or books shall be entered the names of the several causes, against which shall be placed adhesive stamps of the value required during the different stages of a cause, and it shall be the duty of the Clerk of Assize acting as Associate, or of his officer or clerk, to cancel such stamps immediately after they are placed in such books, either by obliterating the same by means of a hand stamp and printing ink, or by writing his initials and the date of cancellation thereon. 3. The fees payable to the Clerks of Assize acting as Associates on Circuits on receiving writs of subpœna, and for attendance on such writs, shall be taken in stamps, which shall be affixed to such writ, and be cancelled by the Clerk of Assize or his officer, in the manner herein before provided. 4. That when any stamp has been cancelled without having been legitimately used, the Clerk of Assize or his Deputy shall certify that such stamp is a fit subject for allowance, and it shall be competent to the Board of Inland Revenue, upon the presentation of such certificate, to allow the amount thereof. 5. That distributors of stamps, and all persons licensed to sell stamps in England and Wales, shall be permitted to sell the stamps above referred to. 6. The several Clerks of Assize shall on or before the 31st day of December in each year, make out an account of all stamps cancelled in their respective offices, specifying the number of each denomination, and the circuits on which such stamps were respectively received, and shall render such account to the Lords Commissioners of Her Majesty's Treasury. Given under our hands at the Treasury Chambers, Whitehall, this 13th day of February, 1866. W. P. ADAM. We do hereby signify our concurrence in the before-mentioned Rules and Regulations. A. E. COCKBURN, Lord Chief Justice of the W. ERLE, Lord Chief Justice of the Court FREDERICK POLLOCK, Lord Chief Baron of the Exchequer. MODE OF CANCELLING STAMPS. WHEREAS by an Act passed in the session of Parliament held in the twenty-eighth year of the reign of Her Majesty, cap. 45, entitled 'An Act to provide for the collection by means of Stamps of Fees payable in the Superior Courts of Law at Westminster, and in the Offices belonging thereto,' it is provided by the third section thereof, that the Commissioners of Her Majesty's Treasury, with the concurrence of the Lords Chief Justices and of the Lord Chief Baron, may, from time to time, make such rules as seem fit for regulating the use of these stamps under this Act, and particularly for prescribing the application thereof to documents from time to time in use or required to be used for the purpose of such stamps, and for insuring the proper cancellation of adhesive stamps and keeping account of such stamps. And whereas by an Order made in pursuance of the said Act on December 16 last, it was ordered that all adhesive stamps affixed to any paper or document, presented to or kept in the possession of any officers of the said Courts, or of the clerks to the Judges, should, before the act is done or permitted to be done, in respect of which the fee denoted by such stamp is payable, be effectually cancelled by some officer of the said Courts, or by one of the said clerks to the Judges, by obliterating the same by means of a hand stamp and printing ink, showing the date of the cancellation; and no such document should be filed or delivered out until the stamp thereon should be cancelled or defaced. And whereas it is expedient to alter the said Order: Now we, being two of the Lords Commissioners of Her Majesty's Treasury, with the concurrence of the Lords Chief Justices and of the Lord Chief Baron, do hereby order and direct that all stamps directed by the said Order to be cancelled, may be so cancelled by writing thereon the initial letters of the name of the person by whom the same is so directed to be cancelled, and the date of such cancellation, or in the manner directed by the said order. Given under our hands at the Treasury Chambers, Whitehall, this 26th day of February, 1866. We do hereby signify our concurrence in the before-mentioned Rule. RUSSELL. W. P. ADAM. A. E. COCKBURN, Lord Chief Justice of the W. ERLE, Lord Chief Justice of the Court of FREDERICK POLLOCK, Lord Chief Baron of the CASES ARGUED AND DETERMINED IN THE Court of Queen's Bench AND IN THE Exchequer Chamber and House of Lords ON ERROR AND APPEAL FROM THE QUEEN'S BENCH. MICHAELMAS TERM, 29 VICTORIÆ. Debtor and Creditor-Composition Deed under Bankruptcy Act, 1861, 24 & 25 Vict. c. 134. s. 192.-Release in general Terms restrained by the Words of the whole Deed. In a trust deed, expressed to be made between a debtor and his creditors, the debtor covenanted to pay his creditors a composition upon the amount of their respective debts. The creditors, in consideration of the covenant, &c., released the debtor "from all cause and causes of action and suit, contracts, damages, claims and demands whatsoever, which they then had, or at any time or times thereafter should or might have or be entitled to against the debtor, by reason or on account of any debt or debts, sum or sums of money, bills, bonds, notes, securities for money, contracts, provisoes, agreements, reckonings, accounts, dealings, or transactions whatsoever, from the beginning of the world to the date of the deed" :-Held, that the release must be restrained by the words of the whole instrument, and would apply only so as to relieve the debtor from debts and provable claims which had accrued at the time of the execution of the deed; and therefore that the deed was not unreasonable. Declaration on a guarantie for the price of goods sold by the plaintiff to one NEW SERIES, 35.-Q.B. Richard House, with the common count on accounts stated. Sixth plea to the declaration, except as to the costs of the action up to the pleading of the plea-That after the commencement of the action (the defendant being indebted to divers persons, and unable to pay his debts in full) a deed was made and executed by the defendant, and the following is a copy thereof, excluding certain schedules, (that is to say)-This indenture, made the 12th day of April, 1865, between John House, of Thornton Road, in Bradford, in the county of York, boilermaker, of the first part; Richard Lord and Thomas Robertshaw, both of Thornton Road, in Bradford aforesaid, engineers, of the second part; and all the several creditors of the said John House of the third part: Whereas the said John House is unable to pay his creditors the full amount of their respective debts, and hath proposed to his creditors to pay them a composition of five shillings in the pound, and to secure the distribution amongst them of the sum of 1607. as hereinafter mentioned, which they have agreed to accept and take upon the amount, and in full satisfaction of, their respective debts, in the manner and at the times hereinafter mentioned: Now this indenture witnesseth that, in consideration of the premises and of the release hereinafter contained, the said John House doth B |