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For the warrant, record, and return of a re. fa. lo. accedas

ad Curiam, Pone, or writ of false judgment (a)

For writ of retorno habendo.

For the service of writ of capias, where no arrest

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And mileage, per mile.

For recording each demand or proclamation under writs of
outlawry

For bailiff, for making each demand or proclamation on writs
of outlawry in London and Middlesex
In other counties.

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And travelling expenses; if the distance shall exceed 5
miles, then for every mile beyond that distance
For any supersedeas, writ of error, order, liberati, or dis-
charge to any writ or process, or for the release of any
defendant in custody (unless in the prison of the county),
or of any goods taken in execution

For the return of any writ or process, and filing same, exclu-
sive of the fee paid in filing.

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For any duty not herein provided for, such sum as one of the Masters of the Courts of Queen's Bench or Exchequer, or one of the Prothonotaries of the Court of Common Pleas, may upon special application allow.

(Signed by all the Judges.)

N.B. By the above Act it is enacted, that if any sheriff, officer, or minister acting in the execution of process directed to sheriffs, shall extort, demand, take, accept, or receive any fee, gratuity, or reward, not hereby allowed, he or they, upon complaint made upon oath, to the satisfaction of any of the courts to which the complaint shall be made, shall be judged guilty of a contempt of such court, and punished by such court accordingly.

(a) None of these writs are now used for the removal of replevins; the County Court being now a Court of Record, the writ of certiorari is used. It is presumed the above fee will be applicable to it.

No. IV.

COSTS ON SPECIALLY INDORSED WRITS.

RULE I.-PRACTICE RULES, HILARY TERM, 1853.

WHEN a writ of summons is indorsed in the special form mentioned in sect. 27 of the Common Law Procedure Act, 1852, the following are the amounts which may be indorsed by the plaintiff's attorney or agent upon the writ for costs; and to include mileage.

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In country or agency cases (including mileage) Where the plaintiff's attorney at the time of issuing the writ, claims more than the sums fixed as above, the indorsement on the writ of summons in respect of costs shall be as follows:-"Such sum as shall be allowed on taxation for costs." And in case the plaintiff shall be found not entitled to more costs than such fixed sums, or if more than onesixth shall be disallowed, the plaintiff's attorney shall pay the costs of taxation. So if the attorney has indorsed on the writ one of the fixed sums for the costs of judgment, and claims more costs on signing judgment, and on taxation shall be found not entitled to more than such sum, or if more than one-sixth be taken off on taxation, the plaintiff's attorney shall in like manner pay the costs of taxation..

No. V.

EXPENSES OF A VIEW.

RULE 49, PRACTICE RULES, HILARY TERM, 1853.

Upon any application for a view, there shall be an affidavit, stating the place at which the view is to be made, and the distance thereof from the office of the under-sheriff, and the sum to be deposited in the hand of the under-sheriff shall be 107. in case of a common jury, and

167. in case of a special jury, if such distance do not exceed five miles; and 157. in case of a common jury, and 217. in case of a special jury, if it be above five miles. And if such sum shall be more than sufficient to pay the expenses of the view, the surplus shall forthwith be returned to the attorney of the party who obtained the view; and if such sum shall not be sufficient to pay such expenses, the deficiency shall forthwith be paid by such attorney to the under-sheriff. And the under-sheriff shall pay and account for the money so deposited according to the scale following (that is to say):

For travelling expenses to the under-sheriff, showers, and jurymen, expenses actually paid, if reasonable.

Fee to the under-sheriff, when the distance does not exceed 5 miles from his office

Where such distance exceeds 5 miles

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And in case he shall be necessarily absent more than one day,
then for each day after the first a further fee of
Fee to each of the showers the same as the under-sheriff,
calculating the distance from their respective places of
abode.

Fee to each common juryman, per diem .
For each special juryman

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Allowance for refreshment to the under-sheriff, showers, and
jurymen, whether common or special, each, per diem
To the bailiff for summoning each juryman, whose residence
is not more than 5 miles distant from the office of the
under-sheriff

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And to each whose residence does exceed 5 miles of meted distance

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INDEX.

ABANDONMENT

of order to amend before payment of costs, 352

of trial by a special jury, 366

ABATEMENT,

demurrer to plea in, defendant formerly not entitled to costs on,
13, 86

costs on pleas in abatement, 322

for nonjoinder, 103

in replevin, 211

amendment after plea in, 272, 323.

cassetur breve, after plea in, 272

plea in, of pendency of another action, 347

of suit by death, 285

in ejectment, 197

ABIDE THE EVENT,

costs of former trial directed to, 384

actions referred to arbitration, to, 409

ABORTIVE ISSUES,

costs of, 29

costs of attempt at trial of, 375, 377, 406
reference of, costs of, 423

ABROAD,

security for costs when plaintiff is, 224

ABSCONDING DEBTORS,

costs of arresting, 356

ACCEPTANCE

of bill of exchange, a cause of action within the County Court
Acts, 156

ACCEPTOR

of bill of exchange may stay proceedings on payment of debt and
costs in one action, 341

recovery by, of costs as damages, 543

ACCOUNT,

right to sue in County Court for balance of, 145

ACTION,

costs of, in general, 1

on judgments, 167

cause of, meaning of, in County Court Acts, 147
cross, set-off of costs in, 512

by attorney and solicitor, to recover costs, 525
AD AUDIENDUM ERRORES,

scire facias, 403

ADMINISTRATORS.-See EXECUTORS.

ADMISSION

of documents, costs respecting, 357

proof of, 357, note (a)

of plaintiff to sue in formá pauperis, 256

ADVOWSONS,

provisions for the protection of incumbents of, from vexatious pro-
ceedings, 212

AFFIDAVIT

of debt under Bankrupt Act, costs of, 236

in support of security for costs, 330

for costs of the day, 372

objections to, discharge of rules on the ground of, 481

of increase, 496

costs of in general, 561, 564

AGREEMENT

of reference to arbitration, 415

AIEL,

damages recovered in writ of, 2

ALLOCATUR,

where there are several defendants, 100

ALLOWANCE

to witnesses, 498, 499, 562

of costs, general, 553

AMBASSADOR,

not required to give security for costs, 326

AMENDMENT

in the process or pleadings in actions, costs of, 348
after plea in abatement for non-joinder, 103, 272, 323
payment into court after, 304

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