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FEES OF CLERKS OF ASSIZE.

In pursuance of an act passed in the session of Parliament held in the 15th and 16th years of the reign of Her Majesty, chapter 73, entitled "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 of 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: —

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On receiving a writ of subpoena to attend any Court For attendance at any court on a writ of subpoena for every day after the first day .. All other fees than those before mentioned are hereby abolished, and are not to be taken by any of the above-mentioned officers under any pretence whatever.

A. E. COCKBURN, Lord Chief Justice of the Court of Queen's Bench.

W. ERLE, Lord Chief Justice of the

Court of Common Pleas.

FRED. POLLOCK, Lord Chief Baron of
the Court of Exchequer.

SAMUEL MARTIN, JAS. WILLES, COLIN
BLACKBURN, Judges of the Superior
Courts of Common Law.

The before-mentioned altered and amended table of fees having been sanctioned and allowed by the Lord 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, the 12th day of February, 1866.

W. E. GLADSTONE,

LUKE WHITE,

Two of the Commissioners of Her Majesty's Treasury.

For the rules issued for the collection of these fees by stamps, vide post, p. 529.

The original table of fees hereby abolished, was allowed by the judges on the 24th of February, 1853.

THE COMMON LAW COURTS (FEES) ACT, 1865.

[28 VICT. c. 45.]

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.

[19th June, 1865.]

BE it enacted by the Queen's most excellent Majesty, by and with the advice and consent of the lords spiritual and temporal, and commons, in this present parliament assembled, and by the authority of the same, as follows:

1. From and after the thirty-first day of December, one thousand eight hundred and sixty-five, or from and after such earlier time as the Commissioners of Her Majesty's Treasury, with the concurrence of the Lord Chief Justices of the Courts of Queen's Bench and Common Pleas and of the Lord Chief Baron of the Court of Exchequer, by notice published in the London Gazette, appoint, the following fees shall be collected by stamps; namely,-all fees for the time being payable in the several courts and offices, or to the several officers, or in respect of the several matters, specified in the first schedule to this act, whether under the several enactments therein specified, or otherwise, and all fees whatever for the time being payable under any of those enact

ments.

From and after Dec. 31, payable in superior

1865, all fees

courts to be collected by

stamps.

2. All or any stamps to be used under this act shall be Stamps to be impressed or adhesive, as the Commissioners of Her Majesty's impressed or Treasury from time to time direct.

3. The Commissioners of Her Majesty's Treasury, with the concurrence of the Lord Chief Justices and Lord Chief Baron, may from time to time make such rules as seem fit for regulating the use of 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 ensuring the proper cancellation of adhesive stamps and keeping accounts of such stamps.

Under the power conferred by this section, rules (post, pp.
525-531) have been issued.

adhesive.

General rules to be made by Treasury.

not properly stamped to

4. Any document which ought to bear a stamp under this Documents act shall not be of any validity unless and until it is properly stamped; but if any such document is through mis- be invalid. take or inadvertence received, filed, or used without being properly stamped, a judge of one of the said courts may, if

Nothing to

interfere

of Treasury,

&c. for alteration of lees, &c.

he thinks fit, order that the same be stamped as in such order may be directed, and on such document being stamped accordingly the same and every proceeding relative thereto shall be as valid as if such document had been properly stamped in the first instance.

5. Nothing in this act shall interfere with the exercise with powers by any of the judges of the said courts, or by the Commissioners of Her Majesty's Treasury, or by any other authority, of any power of altering or otherwise regulating the amount of any fees comprised in this act, or of any salaries or other charges for the time being by law payable thereout or charged thereon, or of directing that any fees comprised in this act shall cease to be applicable to any charges or payments charged thereon or payable thereout, and shall be from time to time paid into the receipt of the exchequer, and be carried to and form part of the consolidated fund of the United Kingdom.

Repeal of

enactments in second schedule.

By section 6, the payment of salaries, &c., out of the money received for stamps, is provided for.

Section 7 provided that the accounts should be laid before Parliament.

This section is repealed by stat. 29 & 30 Vict. c. 101, s. 6; which act, by s. 7, makes provision for these accounts being laid before parliament.

8. From and after the time appointed for the commencement of the collection of fees by means of stamps under this act, the acts described in the second schedule to this act shall be repealed to the extent in that schedule specified.

9. This Act may be cited as "The Common Law Court (Fees) Act, 1865."

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24 & 25 Vict. c. 134, s. 213 25 & 26 Vict. c. 89, s. 114)

27 & 28 Vict. c. 112, s. 3

5 & 6 Vict. c. 86, s. 4

(22 & 23 Vict. c. 21, ss. 1-4) Queen's remembrancer's office.

THE SECOND SCHEDULE.

Session and Chapter.

Title.

Extent of Repeal.

5 & 6 Vict. c. 86.. An Act for abolishing cer- Section five.

tain offices on the reve

nue side of the Court of
Exchequer in England,
and for regulating the
office of her Majesty's
remembrancer in that
Court.

6 & 7 Vict. c. 20.. An Act for abolishing cer- Section twelve. tain offices on the crown

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13 & 14 Vict. c. 75 An Act to regulate the re- Section one.

ceipt and amount of fees
receivable by certain
officers in the Court of
Common Pleas.

15 & 16 Vict. c. 73 An Act to make provision Sections fourteen

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