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OF

CASES

HEARD AND DECIDED IN THE

HOUSE OF LORDS

ON

APPEALS AND WRITS OF ERROR,

DURING THE SESSIONS

1834, 1835, & 1836.

By C. CLARK AND W. FINNELLY, ESQRS.

BARRISTERS AT LAW.

VOL. III.

LONDON:

W. T. CLARKE,

LAW BOOKSELLER AND PUBLISHER,

PORTUGAL-STREET, LINCOLN'S-INN.

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Lord Chief Justice of the Court of King's Bench:
LORD DENMAN.

Lord Chief Justice of the Court of Common Pleas :
Right Hon. SIR N. C. TINDAL.

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MEMORAND A.

On the 16th of January 1836, the Lords Commissioners resigned the Great Seal, which was thereupon delivered by His Majesty to Sir Charles Christopher Pepys, Master of the Rolls, who, on the 19th of January, was sworn into office, and took his seat as Lord High Chancellor. His Lordship was shortly afterwards raised to the dignity of the peerage, by the stile and title of Baron Cottenham, of Cottenham, in the county of Cambridge.

At the same time Henry Bickersteth, Esq., one of His Majesty's Counsel, was appointed to the office of Master of the Rolls, vacant by the promotion of Sir C. C. Pepys, and was shortly afterwards raised to the dignity of the peerage, by the stile and title of Baron Langdale, of Langdale, in the county of Westmoreland. His Lordship was sworn into office on the same day with the Lord Chancellor, in the Lord Chancellor's Court at Westminster, and on the same day took his seat in the Rolls Court there. They were both introduced in the House of Lords on the 4th of February.

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THAT in all cases in which this House shall make any order for payment of costs by any party or parties in any appeal or writ of error, without specifying the amount, the clerk of the Parliaments or clerk assistant shall, upon the application of either party, proceed for the taxation of such costs in such manner as is directed by an Act passed in the 7th & 8th year of the reign of his late Majesty King George 4, entitled "An Act to establish a Taxation of Costs on Private Bills in the House of Lords," and shall give a certificate thereof expressing the amount of such costs. And it is further ordered, That the same fees shall be demanded from and paid by the party applying for such taxation for and in respect thereof, as are now or shall be fixed by any resolution of this House concerning fees, made or passed in pursuance of the said Act and in relation thereto; and the said clerk of the Parliaments or clerk assistant may, if he thinks fit, either add or deduct the whole or a part of such fees at the foot of his certificate, and the account of money certified by him after such addition or deduction (if any) shall be the sum to be demanded or paid under or by virtue of such order as aforesaid for payment of costs.

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