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 0 16 6 046 050 And mileage, per mile. For recording each demand or proclamation under writs of For bailiff, for making each demand or proclamation on writs And travelling expenses; if the distance shall exceed 5 For the return of any writ or process, and filing same, exclu- 0 1 0 .0 2 0 0 5 0 .00 6 0 4 6 . 0 1 0 0 14 6 220 140 020 1 1 0 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. 3 2 0 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 . £ s. d. 1 1 0 220 110 And in case he shall be necessarily absent more than one day, Fee to each common juryman, per diem . 050 1 1 0 . 0 5 0 Allowance for refreshment to the under-sheriff, showers, and . And to each whose residence does exceed 5 miles of meted distance 026 0 50 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, 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 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 ACCEPTOR of bill of exchange may stay proceedings on payment of debt and 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 by attorney and solicitor, to recover costs, 525 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- 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 |