« EelmineJätka »
New Scale of County Court Costs.
gratified by the inspection of the various public | Fee to counsel and clerk, sum paid not exbuildings and institutions of that great mart of commerce and shipping.
ceeding Attending court on trial, with counsel 0 10 Attending court to support or oppose motion for new trial, or motion to set aside proceedings, or motion for a change of venue, including instructions, or any other necessary attendance, where no counsel employed
Attending in the last-mentioned cases with counsel
0 15 0
Every bond given under sec. 70 of 19 & 20 Vict. c. 108
Witnesses' expenses, same as on trial.
Costs in actions under 19 & 20 Vict. c. 108, section 23, shall be taxed according to the scale of taxation used in the Court of Queen's Bench, so far as it is directly applicable; and where it is not so applicable, the principle of that scale shall be followed.
Costs on Appeals.
Preparing notice of appeal, including copies and service
0 0 6 Paying money into court as deposit on appeal, including notice and service thereof...
0 5 0
place of business to place of inspection of documents, for each mile, not exceeding in the whole twenty miles Preparing confession or statement of agreement under sec. 8 or sec 9 of 13 & 14 Vict. c. 61, where prepared by plaintiff's attorney, including all incidental attendances All necessary affidavits, including filing, each Oath, sum paid. Attending to enter up judgment by default Attending court for an order to bring up a prisoner to give evidence Instructions for, and drawing and copy brief, in cases in which counsel employed, including attendance on counsel therewith
£ s. d.
0 3 0
Notice of court to which appeal to be made Preparing case, including copies Attending judge to sign, or to settle and sign case
0 3 0
STATUTES NOT IN USE REPEAL.
An Act to repeal certain Statutes which are not in
BE it enacted and declared 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, that the acts hereinafter mentioned, together with all enactments (if any) confirming, continuing, or perpetuating the same or any of them, are hereby repealed: Provided always, that such repeal shall not affect any legal proceeding commenced under any of the said acts before the passing of this act.
Statute of Westminster the Second: 13 Edw. 1, c.
33.-Lands where Crosses be set shall be forfeited as Lands aliened in Mortmain. Statute of Westminster the Second: 13 Edw. 1, c. 41.-A Contra formam collationis and a Cessavit to recover Lands given in Alms.
Articuli super Chartas: 28 Edw. 1, c. 5.-The Chancellor and the Justices of the King's Bench shall follow the King.
Articuli super Chartas: 28 Edw. 1. c. 20.-Vessels of gold shall be essayed; touched, and marked; the King's Prerogative shall be saved.
5 Edw. 3, c. 14.-Night Walkers and suspected Persons shall be safely kept.
Statute of Nottingham: 10 Edw. 3, stat. 3.-De cibariis utendis.
25 Edw. 3, stat. 5, c. 22.-He that purchaseth a Provision in Rome for an Abbey shall be out of the King's Protection, and any man may do with him as with the King's Enemy. 28 Edw, 3, c. 10.-The Penalty of the Mayor, Sheriffs, &c., of London, if they do not redress
*These repealed acts form a curious history of law-making during nineteen reigns.
Errors and Misprisions there, and in what
37 Edw. 3, c. 15.-Clothiers shall make Cloths sufficient of the aforesaid Prices, so that this Statute for Default of such Cloths be in nowise infringed.
6 Ric. 2, stat. 1, c. 9.-No Victualler shall execute a judicial Place in a City or Town Corporate. 7 Ric. 2, c. 13.-No Man shall ride in Harness within the Realm, nor with Launcegays.
12 Ric. 2, c. 12.-In what Cases the Lords and Spiritual Persons shall be contributory to the Expenses of the Knights of Parliament. 12 Ric. 2, c. 13.-The Punishment of them which cause Corruption near a City or great Town to corrupt the Air.
13 Ric. 2, stat 1, c. 8.-The Rates of Labourers' Wages shall be assessed and proclaimed by the Justices of Peace, and they shall assess the Gains of Victuallers who shall make Horsebread, and the Weight and Price thereof.
17 Ric. 2, c. 4.-Malt sold to London shall be cleansed from the Dust.
17 Ric. 2, c. 10.-Two learned Men in the Law shall be in Commission of Jail Delivery.
20 Ric. c. 1.-No Man shall ride or go armed; Launcegays shall be put out.
20 Ric. 2, c. 2.-Who only may wear another's Livery.
1 Hen. 4, c. 15.-The Punishment of the Mayor, &c., of London for Defaults committed there 4 Hen. 4, c. 5.—Every Sheriff shall in Person continue in his Bailiwick, and shall not let it.
4 Hen. 4, c. 10.-The Third Part of the Silver bought to the Bullion shall be coined in Halfpence and Farthings.
4. Hen. 4, c. 25.-An Hostler shall not make Horsebread. How much he may take for Oats.
4 Hen. 4, c. 27.-There shall be no Wasters, Vagabonds, &c., in Wales.
4 Hen. 4, c. 29.-Welshmen shall not be armed. 5 Hen. 4, c. 2.--The Penalty of him which procureth Pardon for an Approval that committeth Felony again.
5 Hen. 4, c. 13.-What Things may be gilded and laid on with Silver and Gold, and what not.
7 Hen. 4, c. 7.-Arrowheads shall be wellboiled, brased, and hard.
11 Hen. 4, c. 1.-The Penalty on a Sheriff for making an untrue Return of the Election of the Knights of Parliament.
1 Hen. 5, c. 4.-Sheriff's Bailiffs shall not be in the same Office in Three Years after; Sheriff's Officers shall not be Attorneys.*
2 Hen. 5, stat. 2, c. 4.-There shall be no gilding of Silver Ware but of the Allay of English Sterling.
Hen. 5, stat. 2, c. 6.-Penalty on Irish Prelates for collating an Irishman to a Benefice in England or bringing an Irishman to Parliament to discover the Counsels of Englishmen to Rebels.
8 Hen. 5, c. 3.-What Things only may be gilded and what laid on with Silver.
9 Hen. 5, stat. 1, c. 10.-Keels that carry Sea Coals to Newcastle shall be measured and marked.
1 Hen. 6, c. 3.-What Sort of Irishmen only may come to dwell in England.
6 Hen. 6, c. 4.-The Sheriff's Traverse to an Inquest found touching returning Knights of Shires for the Parliament.
8 Hen, 6, c. 22.—What is requisite to be done in
* The 6 & 7 Vict. c. 73, repealed this act as to attorneys.
Statutes Not in Use Repeal.
winding and packing of Wool. force, clack, or beard any Wool. 11 Hen. 6, c. 1.-They that dwell at the Stews in Southwark shall not be impanelled in juries nor keep any inn or tavern but there.
18 Hen. 6, c. 18.-How much a Captain shall forfeit that doth detain any Part of his Soldier's Wages.
23 Hen. 6, c. 4.-Welshmen indicted of Treason or Felony that do repair unto Herefordshire shall be apprehended and imprisoned or else pursued by Hue and Cry, and a Forfeiture of those which do not pursue them.
28 Hen. 6, c. 5.-The Penalty of the Officers of the Customs which by Colour of their Offices shall distrain any Man's Ships or Goods.
4 Edw. 4, c. 8.-No Stranger shall buy English Horns unwrought gathered or growing in London or within Twenty-four Miles thereof. Certain Powers vested in the Wardens of the Horners of London.
17 Edw. 4, c. 4.--An Act for making of Tile.
4 Hen. 7, c. 2.-An Act for Finers of Gold and Silver.
4 Hen. 7, c. 3.-An Act that no Butcher slay any Manner of Beast within the Walls of London.
4 Hen. 7, c. 16.-An Act concerning the Isle of Wight.
11 Hen. 7, c. 19.-An Act against Upholsterers. 11 Hen. 7, c. 21.-An Act against Perjury.
11 Hen. 7, c. 27.-An Act agaihst unlawful and deceitful making of Fustians.
19 Hen. 7, c. 6.-Pewterers walking.
19 Hen. 7, c. 10.-De voluntariis et negligentibus escapiis.
3 Hen. 8, c. 14.-An Act for the searching of Oils within the City of London.
4 Hen. 8, c. 7.-Pur le Pewterers.
5 Hen. 8. c. 4.-An Act for avoiding Deceis in Worsteds.
14 & 15 Hen. 8, c. 2.-The Act concerning the taking of Apprentices by Strangers.
14 & 15 Hen. 8, c. 3.-The Act concerning the draping of Worsteds, Sayas and Stamins for the Town of Great Yarmouth.
14 & 15 Hen 8, c. 12.-An Act concerning coining of Money.
21 Hen. 8, c. 12.-An Act for true making of great Cables, Halsers, Ropes, and all other Tackling for Ships, &c., in the Borough of Burport in the County of Dorset.
21 Hen. 8, c. 16.—An Act ratifying a Decree made in the Star Chamber concerning Strangers Handicraftsmen inhabiting the Realm of England.
22 Hen. 8, c. 10.-An Act concerning Egyptians. 24 Hen. 8, c. 10.-An Act made and ordained to destroy Choughs, Crows, and Rooks.
25 Hen. 8, c. 5.-An Act for calendering of Worsteds.
25 Hen. 8, c. 9.—An Act concerning Pewterers. 25 Hen. 8, c. 13.-An Act concerning Farms and Sheep.
25 Hen. 8, c. 18.-An Act for Clothiers within the Shire of Worcester.
26 Hen. 8, c. 5.—An Act that Keepers of Ferries on the Water of Severn shall not convey in their Ferry Boats any manner of Person, Goods, or Chattels after the Sun going down till the Sun
be up. 26 Hen. 8, c. 6.-An Act that Murders and Felonies done or committed within any Lordship Marcher
in Wales shall be inquired of at the Sessions holden within the Shire Grounds next adjoining, with many good Orders for Administration of Justice there to be had.
26 Hen. 8, c. 16.-An Act for the making of Worsteds in the City of Norwich, and in the Towns of Lynn and Yarmouth.
32 Hen. 8, c. 13.-For Breed of Horses.
33 Hen. 8, c. 16.-An Act for Worsted Yarn in Norfolk.
34 & 35 Hen. 8, c. 10.-An Act for the true making of Coverlets in York.
35 Hen. 8, c. 11.-An Act for the due Payment of the Fees and Wages of Knights and Burgesses for the Parliament in Wales.
1 Edw. 6, c. 6.-An Act for the Continuance of making of Worsted Yarn in Norfolk.
2 & 3 Edw. 6, c. 9.-An Act for the true currying of Leather.
2 & 3 Edw. 6, c. 11.-An Act for the true tanning of Leather.
2 & 3 Edw. 6, c. 19.-An Act for Abstinence from Flesh.
2 & 3 Edw. 6, c, 27.-An Act against the false forging of Gadds of Steel.
3 & 4 Edw. 6, c. 2.-An Act for the true making of Woollen Cloths.
3 & 4 Edw. 6, c. 9.-An Act for the buying of raw Hides and Calf Skins.
5 & 6 Edw. 6, c. 6.-An Act for the making of Woollen Cloth.
5& 6 Edw. 6, c. 24.-An Act for the making of Hats, Dornecks, and Coverlets at Norwich and in the County of Norfolk.
7 Edw. 6, c. 5.-An Act to avoid the great Price and Excess of Wines.
7 Edw. 6, c. 7.-An Act for the Assize of Fuel.
1 Mary, stat. 3, c. 8.-An Act touching the buying and currying of Leather.
1 & 2 Ph. and M. c. 4.-An Act for the Punishment of certain Persons calling themselves Egyptians.
1 & 2 Ph. and M. c. 7.-An Act that Persons dwelling in the Country shall not sell divers Wares in Cities or Towns Corporate by Retail. 1 Eliz. c, 8.-An Act touching Shoemakers and Curriers.
1 Eliz. c. 9.—An Act touching Tanners and the selling of tanned Leather.
1 Eliz. c. 15.-An Act that Timber shall not be felled to make Coals for the making of Iron.
5 Eliz. c. 8.-An Act touching Tanners, Curriers, Shoemakers, and other Artificers occupying the cutting of Leather.
8 Eliz. c. 8.-An Act for the Repeal of a Branch of a Statute made Anno 32 H. 8, for the Stature of Horses within the Isle of Ely, and other Places confining thereunto.
8 Eliz. c. 9.-An Act to repeal a Branch of the Statute made Anno 23 H. 8, touching the Prices of Barrels and Kilderkins.
8 Eliz. c. 10.-An Act for Bowyers and the Prices of Bows.
8 Eliz. c. 12.-An Act for the Aulneger's Fees in Lancashire, and for Length, Breadth, and Weight of Cottons, Frizes, and Rugs.
23 Eliz. c. 5.-An Act touching Iron Mills near unto the City of London and the River of Thames. 23 Eliz. c. 8.-An Act for the true melting, making, and working of Wax.
27 Eliz. c. 19.-An Act for the Preservation of Timber in the Wealds of the Counties of Sussex, Surrey, and Kent, and for the Amend
Statutes Not in Use Repeal.-Law of Attorneys and Solicitors.
ment of Highways decayed by Carriages to and from Iron Mills there.
35 Eliz. c. 9.-An Act touching Breadth of Cloths. I Jac. 1, c. 6.-An Act made for the Explanation of the Statute made in the Fifth Year of the late Queen Elizabeth's Reign concerning Labourers. 1 Jac. 1, c. 20.-An Act for Redress of certain Abuses and Deceits used in painting.
3 Jac. 1, c. 9.-An Act for the Relief of such as lawfully use the Trade and Handicraft of Skinners. 3 Jac. 1, c. 16.-An Act for the Repeal of One Act made in the Fourteenth Year of Queen Elizabeth's Reign concerning the Length of Kersies. 3 Jac. 1, c. 17.-An Act concerning Welsh Cottons. 4 Jac. 1, c. 2.-An Act for the true making of Woollen Cloth.
4 Jac. 1, c. 6.-An Act for Repealing of so much of One Branch of a Statute made in the First Year of His Majesty's Reign, intituled "An Act concerning Tanners, Curriers, Shoemakers, and other Artificers occupying the cutting of Leather," as concerneth the sealing of sheepskins, and to avoid selling of tanned Leather by Weight.
21 Jac. 1, c. 18. An Act for Continuance of a Statute made for the making Woollen Cloths. 21 Jac. 1, c. 21.-An Act concerning Hostlers and Innholders.
12 Car. 2, c. 32.-An Act for prohibiting the Exportation of Wool, Wool Fells, Fullers Earth, or any kind of scouring Earth.
14 Car. 2, c. 18.-An Act against ex orting of Sheep, Wool, Woolfells, Mortlings, Shorlings, Yarn made of Wool, Wool Flocks, Fullers Earth, Fulling Clay, and Tobacco Pipe Clay. & 6 W. & M. c. 13.-An Act to repeal the Statute made in the Tenth Year of King Edward the Third for finding Sureties for the good abearing by him or her that hath a Pardon of Felony. 9 & 10 Will. 3, c. 40.-An Act for the Explanation and better Execution of former Acts made against Transportation of Wool, Fullers Earth, and Scouring Clay.
10 Will. 3, c. 2.-An Act to prevent the making or selling of Buttons made of Cloth, Serge, Drugget, or other Stuffs.
1 Anne, stat. 1, c. 15.-An Act for preventing Frauds in the Duties upon Salt, and for the better Payment of Debentures at the Custom House.
8 Anne, c. 11.-An Act for employing the Manufacturers by encouraging the Consumption of Raw Silk and Mohair Yarn.
4 Geo. 1, c. 7.-An Act for making more effectual an Act made in the Eighth Year of the late Queen Anne, intituled "An Act for employing the Manufacturers by encouraging the Consumption of Raw Silk and Mohair Yarn."
7 Geo. 1, stat. 1, c. 12.-An Act for employing the Manufacturers and encouraging the Consumption of Raw Silk and Mohair Yarn by prohibiting the wearing of Buttons and Buttonholes made of Cloth, Serge, and other Stuffs. 11 Geo. 2, c. 28.-An Act for the better regulating the Manufacture of narrow Woollen Cloths in the West Riding of the County of York. 10 Geo. 3, c. 49.-An Act for continuing and amending several Acts for preventing Abuses in making Bricks and Tiles.
17 Geo. 3, c. 42.-An Act for preventing Abuses in the making and vending Bricks and Tiles.
LAW OF ATTORNEYS AND SOLICITORS.
ORDER OF COURSE FOR TAXATION WHERE SPECIAL
IT appeared that in 1849 Thomas Nadin employed Mr. Thomas Ingle as his solicitor in a suit of Marshall v. Nadin, instituted against him in reference to certain railway shares of which he had become the purchaser and the registered owner, and the certificates of which had been deposited in court under an order obtained for that purpose. Upon the death of Nadin, in 1851, his widow administered to his estate, and in December, 1852, Mr. Ingle delivered her his bills of costs, amounting to £299 oad. Mr. Ingle died in 1853, and his son continued to act as Mrs. Nadin's solicitor in the suit. She had declared herself unable to pay the bills of costs except out of the proceeds of the sale of the shares, and had complained of the amount of the bills, and expressed a desire to be relieved from all liability in respect thereof, and of future costs.
The certificates of shares were directed by order in the suit, in February, 1855, to be delivered to Mrs. Nadin, but she declined to authorise Mr. Ingle to sell them, and pay the costs of the sale and of the suit, except on the terms of his not looking to her personally for payment of any deficiency. Mr. Ingle afterwards agreed to this, and on the parties meeting to carry out the arrangement, Mr. Ingle produced two documents, one to be signed by Mrs. Nadin, and the other by himself, and also delivered a bill of costs for £9 9s. 5d. as due to his father, and another for £115 1s. 8d. due to himself. Mrs. Nadin was an illiterate person, but was accompanied by two friends, and Mr. Ingle read over the document she was to sign, and which authorised him, in consideration of his not looking to her for any money in payment of the bills over and above the proceeds of the sale of the shares, to sell the same, and stand possessed of the proceeds (in his individual capacity, and not as her solicitor or agent), in trust to pay the bills of costs then due or thereafter to be charged by him in and about the business, and to pay her over the surplus, stating it to be £200 or £300, on the supposition that several years' dividends were due on the shares. Mrs. Nadin executed the agreement, but protested against the amount of the bills and Mr. Ingle's conduct. The shares sold for £463 15s., and Mr. Ingle tendered the balance, £33, which she refused to accept, and employed another solicitor, who applied for a copy of the document signed by her, and for the vouchers, but which Mr. Ingle refused to give, referring the solicitor to Mrs. Nadin.
The common order for a taxation was thereupon obtained, and Mr. Ingle now moved to discharge it.
The Master of the Rolls said: "The questions which arise in this case are, first, whether the agree ment which was signed by Mrs. Nadin, the client, precludes the taxation of the bills, and if it does not, then secondly, whether it was of sufficient importance to make it necessary to state it to the officer of the court on the application for the taxing order, in which case he would not have granted the order, and a special application would have been necessary, for the purpose of obtaining the decision of the court as to whether the bills ought to be taxed, and lastly, whether there is any excuse for not adopting that
In the first place, I have no doubt that the agree
Law of Attorneys and Solicitors.-Law of Costs,
ment was as stated, viz., one by which, in consideration of Sarah Nadin being released from personal liability, the solicitor was contented to look to the produce of the railway shares for the payment of the bills of costs, and the client on her part agreed to the amount of the bills of costs. Such an agreement might have been perfectly good, if entered into by persons who understood their situation; but such is not the case here. Leaving out of the question that she was a very illiterate person, the bill was delivered at the time, and she had no means of knowing whether it was a proper bill or not, and it was impossible to obtain proper advice. Besides this, it does not appear that the value of the railway shares was known; and if it exceeded the amount of all the bills, she obtained no advantage by the arrangement, and received no consideration for agreeing to the particular amount of these bills. I am clearly of opinion that the circumstances of this case, as appearing from the affidavits, are such that this court would not allow the agreement to supersede the taxation of the bills.
As to payment, there was none; the solicitor was to retain, out of the money to be received by him, the amount of his bill. Payment must either be actual payment in money, or an agreement by the client, on the settlement of accounts between him and his solicitor, that the amount shall be retained.
The next question is much more difficult, and if a copy of the agreement had been in the hands of Mrs. Nadin at the time she obtained the order of course to tax the bills, I should have been of opinion that the order of course had not been properly obtained. The circumstances are very peculiar. It is observed, with justice, that Mrs. Nadin was aware that some agreement existed, though she did not know the terms of it. If, when her solicitor applied for a copy of it, Mr. Ingle had furnished one, I should have discharged this order of course. But Mr. Ingle, when applied to, says, I refer you to your client,' he knowing perfectly well that the client had no copy of it, for she could only have it through him, and it had never been out of his possession. She must have known that some agreement existed, but it was not likely that she retained in her memory the particulars of it, for it is one page in length. There is, therefore, some excuse for not setting it out in her petition for the order of course, though she knew there was one.. She ought to have applied to the solicitor, and said, 'do you object to an order of course?' and if he did, then she should have presented a petition to the court for taxation, stating that there was an agreement, and that she could not obtain a copy of it.
"There is this difficulty in all these cases, that if the agreement be such as not to affect the right of taxation, you need not mention it; but, if on the contrary, there is a point for the decision of the court before the client could be entitled to an order for taxation, a special petition is necessary. It is sometimes very difficult to decide which course to take. I think Mrs. Nadin was not right in the course she took, but that the solicitor was wrong in refusing the copy of the agreement; I shall not set aside the order, and I shall give no costs of the motion."
In re Ingle, 21 Beav. 275.
LAW OF COSTS.
OF ADMINISTRATION SUIT PAYABLE BY EXECUTORS WHERE DEFAULT.
A TESTATRIX by her will dated in December, 1846, gave all her estate and effects to two trustees, in trust to sell and convert into money, and after payment of her debts, &c., to pay and divide the same in sixth parts among the persons named in the will. The legatees were unable to obtain payment of their legacies, and a sum of £278 odd remained uninvested for seven years.
On a bill filed by four of the legatees to administer the estate, the Vice-Chancellor Stuart said:
"In dealing with executors and trustees, the court is bound to regard their conduct not only fairly, but, where their conduct has been honest and diligent, even with indulgence.
"In this case seven years had elapsed from the death of the testatrix before the institution of this suit. The law allows one year for the conversion of the assets, and, according to the rule of this court, the executors, after the expiration of that period, ought to have been in a position to pay and distribute the residue, or to show some sufficient reason why payment could not then be made.
"The evidence in this case discloses general neglect and misconduct. It is objected, on behalf of the defendants, that the plaintiffs ought not to have entered into evidence at all, because the bills contain no specific allegations of wilful default, and that the plaintiffs are therefore only entitled to the common decree for an account. It is alleged that the testatrix being dead seven years, the debts and legacies ought long ago to have been paid, and the assets distributed. That is an allegation amounting to a charge of neglect, and is preferred as the basis of the prayer, which asks that the defendants should pay the costs of the suit. The bill containing such an allegation, it was the duty of the plaintiffs to substantiate by evidence the case of undue delay and neglect, and of the defendants, in their answer, specifically to explain why seven years had been allowed to elapse before the residue was distributed. Their answer, however, does not attempt to explain the delay, which without such explanation must be treated as wilful neglect. But even had they stated specific circumstances of justification, according to the strict rules of this court, the plaintiffs would have been entitled to enter into evidence, not only as to the allegations in the bill, but also as to the case made by way of defence. In support of the defendants' view, the cases of Law v. Hunter, 1 Russ. 100, and Hamilton v. McCormick, 3 J. and L. 183, have been cited; but those authorities have no application, for they only show that where the object of the suit was to take an account, and the plaintiff entered into evidence for the purpose of having a particular item disallowed, the costs of that evidence were thrown upon him.
"Here the evidence is relevant to the charge which the bill, by its prayer seeking to visit them with costs, informed the defendants would be made against them.