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HILARY VACATION.
DIRECTIONS to taxing Officers as to all Writs issued on

or after the 15th March 1834.
In all actions of assumpsit, debt, or covenant, where the sum recovered,
or paid into Court and accepted by the plaintiff in satisfaction of his
demand, or agreed to be paid on the settlement of the action, shall not
exceed 201. without costs, the plaintiff's costs shall be taxed according to
the reduced scale hereunto annexed. Provided that in case of trial before
a judge of one of the superior courts, or judge of assize, if the judge shall
certify on the posteà that the cause was proper to be tried before him, and
not before a sheriff or judge of an inferior court, the costs shall be taxed
upon the usual scale.

At the head of every bill of costs taken to the taxing officer to be taxed, it shall be stated whether the sum recovered, accepted, or agreed to be paid, exceeds the sum of 201. or not, in the following form :

“ Debt above 201.”

“ Debt 201. or under.” The Officers of the Exchequer to allow no incipiturs of judgment on paper, and mark the judgment on the posteà.

Three shillings and four-pence to be allowed for drawing the judgment in all cases.

Every brief sheet to contain eight folios at the least, which are to be paid for at the rate of 6s. 8d. per sheet for drawing, and 3s. 4d. copying.

For every witness the allowance for travelling to be the expense actually paid, not exceeding 1s. a mile, unless under special circumstances. Vol. V. *b 2

No

1334.

No fee to counsel to be allowed on writs of trial, except in trials before the judge of the Sheriff's Court of London, or of other courts of record where attornies are not allowed to practice, and then I guinea only.

The FEES to be allowed to Counsel's Clerks not to exceed

as under:

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SCHEDULE I.

Commencement of Suit.
Letter before Action (if sent)
Instructions to sue
Writ
Copy and Service
Bill and Copy to indorse
Searching for Appearance
Instructions for Declaration
Drawing same at 1s. per folio (folio 6)
Engrossing
Notice thereof (when filed)
Drawing Particulars and Copy
Rule to plead
Demanding Plea
Drawing Issue, of whatever length
Ingrossing Issue to deliver at 4d. per folio (10 folio)
Notice of trial

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SCHEDULE II.

When the Cause is tried before the Sheriff.
Summons for Trial
Copy and Service
Attending for Order
Paid Order
Copy and Service
Ingrossing the Writ of Trial (folio 14)
Parchment
Paid Sealing
Attending thereon
Copy Particulars, to annex
Subpæna

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1834.

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S. d. Copy and Service

0 9 Making Minutes of Evidence for the hearing

013 Attending to enter the Cause

0 Paid part of the Sheriff's Fee on leaving the same (No more to be paid if the Record be withdrawn before Trial.)

0 Attending Court on Trial

0 13 4 Paid rest of Fees of Trial

4 Notice of taxing

0 0 Affidavit of Increase

0 Paid filing Affidavit (whether Town or Country)

0 1 Bill of Costs and Copies

0
Attending taxing
Paid taxing (in K. B. and Exchequer)

2
Drawing Judgment
Entering on Roll at 4d. per folio
Paid Roll

0 0 10
Paid Entries (as before)
Paid Judgment Fee and Docket (as before)
Attending thereon

- 03 Term Fee

0 10

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Where Cause is tried at Nisi Prius, and Verdict for 201., or under. Ingrossing Record (Fo. 14.)

0 8 Parchment

3 Paid Sealing

0 0 7 Attending thereon

3 Copy Particulars to annex

0 2 Venire

0 6 Paid return

0 2 Attending thereon

0 3 4 Distringas

7 Paid return (about)

0 15 0 Attending thereon

3 Subpæna

5 Copy and Service

3 0 Instructions

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1834.

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Instructions for Brief
Brief and Copy (and no more)
Attending to enter Cause
Paid entering (about)
Counsel (as usual)
Attending Court on Trial
Paid fees on Trial (about)
Postea
Notice of taxing
Affidavit of Increase
Paid filing same
Bill of Costs and Copy
Attending taxing
Paid taxing, (in K. B. and Exchequer) as usual say
Drawing Judgment
Entering on Roll at 4d. about 19 Fo.
Paid Roll
Paid Judgment Fee and Docket
Attending thereon
Term Fee

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Letters in Country (as to distance'. Costs not to be taxed until Judgment signed, unless the parties compromise withoul Judgment.

Where Fi. Fa. and Warrant (as before)

(Signed)

T: D.
N. C. T.
L.
J. B.
J. A. P.
J. L.
J. P.

S. G.
J. B. B.
J. V.
W. B.
E. H. A.
J. G.

Rule Office, K. B.

6. Symond's Inn.

AN

INDEX

TO THE

PRINCIPAL MATTERS.

ABUTTALS, DESCRIPTION OF,

IN LEASE.

See LEASE, 1.

ACTION.

See PARTNERSHIP, 1, 2.

ACTION, COMMENCEMENT

OF.

See INCLOSURE Act, 1.

ACTION ON THE CASE.

taken, and returned by pipes into
the stream above the spot where
A.'s mill was afterwards erected.
In 1818 B., without licence, con-
veyed part of the water which
had before flowed into the stream
from certain springs, into a re-
servoir for the use of his mill.
In 1828, A. appropriated to the
use of his mill all the surplus
water which flowed through and
over the dam, and which was not
conducted into the reservoir. In
1829, A. demolished the dam
erected by B., and gave him
notice not to divert the water.
B. then erected a new dan lower
down the stream, and by means
of it diverted from A.'s mills, at
some times, all the water before
appropriated by A.; at others, a
part of it; and the water when
returned into the stream, was in
a heated state: Held, on special
verdict,

First, that whether the right to
the use of flowing water be in the
first occupant, or in the possessor
of the land through which it flows,
was entitled to the surplus water;
for he was first occupant of that,
and also owner and occupier of

the

1. A. erected a mill in 1823 on his

own land, the former owner of
which had for twenty years be.
fore 1818 appropriated the water
of a stream running through it,
to the purposes of watering his
cattle and irrigating his land. In
1818, B. had erected a mill near
the same stream, and the owner
and occupier of A.'s land then
gave a parol licence to B. to make
a dam at a particular spot, and
take what water he pleased from
that point, which water was so

Vol. V.

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