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clerk of the

in like manner as such clerk of crown would, according to the practice heretofore used, have proceeded upon a third or peremptory summons; and the Proceedings of proceedings, report, or decision of such officer upon such account, inquiry, or other matter whatsoever, shall be subject to the order, direction, and controul subject to conof the said Court of King's Bench in all respects as heretofore.

crown to be

trol of the court.

and administer

XXIX. AND be it further enacted, that it shall and may be lawful for the Clerk of the said clerk of the crown, and he is hereby authorized and directed, whenever crown to take recognizances he shall be thereunto required (except on Sundays, Good Friday, and Christ- and affidavits mas Day), to take recognizances to prosecute, or on certiorari, or on articles oaths. of the peace, or on attachments for contempts, and also to take and administer affidavits or affirmations in all matters relating to the business of the crown side of the said Court of King's Bench, and to administer the necessary oaths or affirmations for that purpose; and all such recognizances, oaths, affidavits, and affirmations shall be of the same force, validity, and effect, and shall and may be estreated, proceeded upon, and dealt with, in all respects, and to all intents and purposes, as if the same had been taken, made, or administered by or before the said court or any of the justices thereof; and any person who False swearing shall wilfully or corruptly swear or affirm any thing false in any such affidavits punishable as perjury. or affirmations so taken or administered by the said clerk of the crown shall be subject to all pains, penalties, punishments, and disabilities for wilful and corrupt perjury, in like manner in all respects as if such affidavits or affirmations had been made or taken by or in the said Court of King's Bench, or by or before any of the judges thereof; and that it shall not be considered a part of the duty of the judges of the said court to take such recognizances, or any affidavit or affirmation, touching or concerning the business of the crown side of such court, except on their circuits, or in cases where they or any of them shall think fit and proper so to do.

any

Clerk of the

crown to ob

costs.

XXX. AND be it further enacted, that in taxing all such bills of costs as the said clerk of the crown to be appointed under this Act may, by virtue of any serve certain order of reference of the said Court of King's Bench, or any other court, or regulations in taxing bills of otherwise howsoever, in the discharge of the duties of such office, have power and authority to be lawfully required to tax, he shall, before allowing any such bill of costs any fee or payment to any counsel or officer of the court, require to see the documents necessary to ascertain (when the same can be conveniently produced) that such counsel has been actually employed, received such fee, and that the fee or payment to any such officer has been the right and proper fee, and has been actually paid; and if it shall appear that any one charge either for counsel, attorney, officer, or other disbursement hath been united with other charge in one sum, then such united charges shall be altogether disallowed; and it shall be the bounden duty of such clerk of the crown, in all such taxations of bills of costs, to examine and ascertain, by all reasonable methods, and, if necessary, by examination on oath (which he is for that purpose authorized to administer), the correctness and reasonableness of each and every charge, whether objected to or not, and to determine upon all charges made by any officer of the court, and to allow only such as may to such clerk of the crown. appear to be the right of every such officer, and also to determine whether any attendance, or other business, matter, or thing for which any charge shall be made, actually took place or was actually performed, and whether the same was, under the circumstances, proper and necessary; and no item or sum shall

Penalties shall be recovered by action in the superior

courts at Dublin.

be allowed for agency; and before proceeding upon any taxation of costs the said clerk of the crown shall, save where such costs are payable by the crown, issue summonses to all parties concerned therein, and shall, in default of attendance of the party or parties summoned, proceed ex parte on the first summons, the service thereof being duly proved, and no sufficient grounds being shown for postponing such proceeding; and a copy of every bill of costs intended to be taxed shall be delivered to the adverse party three days at the least (Sundays excepted) before the issuing of any summons for taxing the same; and every summons to attend the taxation of such bill shall be served on the party required to attend at least twenty-four hours before the time fixed for attending; and the said clerk of the crown shall keep a book, in which he shall enter an account of all bills of costs taxed by him, specifying therein the parties names, the date of taxation, the charge for taxation, the amount of the bill delivered, and the amount of costs allowed and certified on the taxation; and he shall endorse on each bill of costs so taxed the charge or fee by him made for such taxation.

XXXI. AND be it further enacted, that all and every penalties and penalty to be incurred and forfeited in pursuance or by virtue of this Act, or any of the matters herein contained, shall and may be sued for and recovered, by any person who will sue for the same, by action of debt, bill, plaint, or information in any of his Majesty's courts of record at the four courts, Dublin, and not elsewhere, in which no essoign, protection, or wager of law, nor more than one Application of imparlance, shall be allowed; and that one moiety of every such penalty shall penalties. be for the use of his Majesty, his heirs and successors, and the other moiety thereof to the use of the person or persons who shall sue for the samne.

Penalty for

&c.

XXXII. AND be it further enacted, that if in any oath or affirmation taken false swearing, in any proceeding under authority of this Act, or required thereby, or by virtue of any authority derived therefrom, any person shall swear or affirm falsely, such person shall, on conviction thereof, be adjudged guilty of wilful and corrupt perjury, and shall be punished accordingly.

This Act not to bar other remedies for

officers.

XXXIII. PROVIDED always, and be it further enacted, that nothing in this Act contained shall extend or be construed to extend to limit, abridge, bar, misconduct in prejudice, or defeat any action or indictment, or any remedy or proceeding whatsoever, which heretofore might have been brought, found, had, or taken against any officer, deputy, or clerk in the said office of clerk of the crown of the Court of King's Bench in Ireland, for or in respect of any misconduct in office which may have occurred or taken place, or which may hereafter take place at any time; but that all such actions, indictments, remedies, and proceedings for any such misconduct may be brought, found, bad, or taken, as if this Act had never been made.

Clerk of the crown to tax

costs on order of court, &c.

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XXXV. AND be it further enacted, that the said clerk of the crown shall tax all such costs as he shall by any order of the said Court of King's Bench be directed to tax, and all such other costs as have been heretofore usually taxed by the clerk of the crown of the said Court of King's Bench (or his deputy); and the said salary so provided as aforesaid for the said clerk of the crown shall be in lieu of all fees for taxation of costs as well as in lieu of all other fees and emoluments whatsoever.

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SCHEDULE referred to by and made Part of the foregoing Act; showing the Fees to be taken for the Performance of all Duties to be discharged in the Crown Office of the Court of King's Bench in Ireland.

For receiving, entering, and filing every information, indictment, affidavit, articles of the peace, writ, with return, or any other document

For copy thereof, if not more than three sheets

If more, then for each sheet of seventy-two words

For entering every rule of the court

For copy thereof, and attesting the same when required by the party

For entering the appearance of every defendant to any informa

tion

For copy thereof

For enrolments of all pleadings and proceedings upon indictments, informations, mandamus, &c. for every roll containing 720 words, if required to be made up

For

every transcript of a record for trial by nisi prius, for each roll containing 720 words

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For exemplification of an enrolment upon quo warranto, or other pleading or proceeding, per roll of 720 words

0 12 6

For a search for any indictment, information, or other matter, if
above three years, for every term, where no copy is required
or taken

If within that time, for every term (if copy taken search
fee not to be charged)

For a search and certificate of no cause having been shown
pursuant to any order or rule of the court, or for any other
certificate

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For every summons to proceed upon a reference

For every writ of mandamus or exigent

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For every writ of certiorari, attachment, assistance, to abate nuisance, procedendo, or writ of execution

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For every writ of habeas corpus, venire, or capias, subpoena, duces tecum, or distringas ad respondendum, venire facias, or distringas juratores, or other writ

For the examination of every person on interrogatories exhibited for contempt

For copies of the depositions taken thereon, for every sheet of seventy-two words

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For every recognizance taken in court or by the clerk of the

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For entering any charter, when required to be produced or read
For entering every cause returned on habeas corpus in the King's

case

For entering the discharge of any one committed for contempt or other matter

Poundage on money lodged in the officer's hands, for each pound

0 3 6

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For entering a traverse to any presentment of any grand jury,
or to any information

For striking a special jury, and furnishing each party with a
copy of the panel of forty-eight names as struck, and a copy
of the panel of twenty-four special jurors as struck
For attending trials at bar, and performing all the services re--
lating thereto, including bringing down and entering the
record, all readings or exhibits, and entering the verdict, in
lieu of all fees heretofore taken from the plaintiff, per day
For attendances before any of the judges in chamber on any
business relating to the office

For attending on references from the court

For drawing a report

For signing same

Bill of costs: On each and every bill of costs taxed by the clerk
of the crown, not being costs payable by the crown, where
the sum allowed shall exceed £5 and shall not exceed £20
Where the sum allowed shall exceed £20 and shall not ex-
ceed £50

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Where the sum allowed shall exceed £50 and not exceeding

1 00

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Where the sum allowed shall exceed £100

N.B.-No fee for taxation of costs payable by the crown.

1 10 0

His Majesty may make

regulations and
establish fees
in the vice
admiralty
courts abroad,

and alter the
same.

CHAPTER LI..

AN ACT to regulate the Practice and the Fees in the Vice Admiralty Courts
Abroad, and to obviate Doubts as to their Jurisdiction.J

[23d June 1832.]

WHEREAS it is expedient that provision should be made for the regula

tion of the practice to be observed in the suits and proceedings in the courts of vice admiralty in his Majesty's possessions abroad, and for the establishment of fees to be allowed and taken in the said courts by the respective judges, officers, and practitioners therein: Be it therefore enacted by the King'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 it shall be lawful for his Majesty, with the advice of his privy council, from time to time to make and ordain such rules and regulations as shall be deemed expedient touching the practice to be observed in suits and proceedings in the several courts of vice admiralty at present or hereafter to be established in any of his Majesty's possessions abroad, and likewise from time to time to make, ordain, and establish tables of fees to be taken or received by the judges, officers, and practitioners in the said courts, for all acts to be done therein, and also from time to time, as shall be found expedient, to alter any such rules, regulations, and fees, and to make

Ja Rep., save as regards her Majesty's possessions in India, 26 & 27 Vict. c. 24. s. 24.]

and fees to be

any new regulations and table or tables of fees; and that all such rules, Regulations regulations, and fees, after the same shall have been so made and established inrolled in or altered, from time to time be entered or inrolled in the public books or the respective records of the said courts, so far as such practice and fees shall relate or apply to each of such courts respectively.

II. AND be it further enacted, that a copy of every table of fees so to be from time to time made and established or altered shall be laid before the House of Commons within three calendar months next after the making and establishment or alteration thereof respectively, if Parliament shall be then sitting, and if not, then within one calendar month next after the subsequent meeting of Parliament.

courts.

The tables of

fees to be laid House of Com

before the

mons.

blished to be! the only lawful fees.

III. AND be it further enacted, that the several fees so to be established, Fees so estaand no other, shall, from and after the making and establishment thereof and the entry and inrolment thereof as aforesaid, be deemed and taken to be the lawful fees of the several judges, officers, ministers, and practitioners of the said respective courts; and such fees only shall and may be demanded, received, and taken accordingly.

and tables of

court, &c.

IV. AND to the intent that all such regulations and fees may be promulgated and publicly made known, be it further enacted, that the judge and Copies of the registrar of every such court shall cause to be kept constantly hung up and regulations preserved in some conspicuous part of every such court, and in the office of fees to be hung the registrar, a copy of the table of fees so to be from time to time ordained up in each and established in such courts respectively, so that the said table may be seen and read by all persons having any business in any such court and office respectively; and that the books or records containing the entries of the said regulations and tables of fees, as the same shall be in force, shall be at all seasonable times open to the inspection of the practitioners and suitors in every such court.

aggrieved may the High Court for taxation of of Admiralty costs.

apply to

V. AND be it further enacted, that in all cases in which proceedings may Persons be had in any of the said vice admiralty courts, if any person shall feel himself aggrieved by the charges made by any of the officers or practitioners therein, and the allowance thereof by such vice admiralty court, by reason that such charges are not warranted by the tables herein-before mentioned, it shall be lawful for such person or his agent, under the regulations to be established in pursuance of the powers given by this Act, by summary application to the High Court of Admiralty to have the said charges taxed by the authority thereof.

VI. AND whereas in certain cases doubts may arise as to the jurisdiction of vice admiralty courts in his Majesty's possessions abroad, with respect to suits for seamen's wages, pilotage, bottomry, damage to a ship by collision, contempt in breach of the regulations and instructions relating to his Majesty's service at sea, salvage, and droits of Admiralty: Be it therefore enacted, that in all cases where a ship or vessel, or the master thereof, shall come within the local limits of any vice admiralty court, it shall be lawful for any person to commence proceedings in any of the suits herein-before mentioned in such vice admiralty court, notwithstanding the cause of action may have arisen out of the local limits of such court, and to carry on the same in the manner as if the cause of action had arisen within the said limits.

same

Vice admiralty

courts to have jurisdiction in certain marithough the cause of action

time causes,

did not arise

within the

local limits of the court.

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