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liament upon the immediate subject of costs, and all the precedents which, from their being of a practical nature, are in constant use amongst legal practitioners. The law cases referred to in support of the positions in the text, are principally of a recent date, and are in that sense more valuable and important; but whenever any ancient authorities of a leading character exist, they also are referred to. The quotations from the Legal Observer are only made use of in instances where there is not in the more general law reports any case in point; and the other cases referred to as in manuscript, are decisions within the personal knowledge of the Author. The annotations upon the Statutes and Practical Forms are not numerous, and have been introduced solely for necessary explanation, in cases where ambiguities in the wording of the clauses occur.

Temple,
Trinity Term.

TO THE READER.

The accompanying bill baving passed the House of Lords, and been transmitted to the Commons; it is material that the reader should watch its progress, because, in case of its becoming an act of parliament, the law as to the costs in actions of trespass and on the case, will, where the damages are under 40s., be materially altered. In perusing pages 27, 28, 29, 45, [costs of the plaintiff,] 80, 81, [costs of the defendant,] 129, 130, 131, [the Court of Common Pleas at Lancaster,] 131, 132, (the Court of Pleas at Durham,] 146, [43 Eliz. c. 6,] 152, [22 & 23 Car. 2, c. 9,] reference ought, if this enactment is passed, to be made to its provisions.

A bill (as amended on report) intituled :
An act to alter an act of the 43d year of the reign of

Queen Elizabeth,a intituled, An act to avoid trifling
and frivolous suits in law in her Majesty's Courts at
Westminster, and to repeal so much of an act of the
twenty-second and twenty-third year of the reign of
King Charles the Second, b intituled, an act for laying
impositions on proceedings at law, as relates to costs
in personal actions ; and to make further provisions

in lieu thereof. [Presented by Lord Denman.] 1. Whereas an act passed in the forty-third year of the reign of Queen Elizabeth, intituled An act to avoid trifling and frivolous suits in law in her Majesty's Courts in Westminster, and another act in the twenty-second and twenty-third years of the reign of King Charles the Second, intituled, An act for laying impositions on proceedings at law, which recites that many good subjects of this realm have been and daily are undone by such suits, contrary to the intention of the said statute of Queen Elizabeth, but the same evil, notwithstanding doth still prevail and increase; and it is expedient to make further provisions for the prevention thereof. Now be it enacted, by the Queen'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 the said recited act of the forty third of Elizabeth, so far as it may be deemed to exempt the action of assault, when a battery is proved on the trial, from the operation of a judge's certificate, and so much of the twenty-second and twenty-third of Charles the Second, so far as the same relate to costs in personal actions, be, and they are hereby repealed.

.

c. 6, s. 2.

b c. 9.

2. And be it enacted, that if the plaintiff in any action of trespass or of trespass on the case, brought or to be brought in any of her Majesty's Courts at Westminster, or in the Court of Common Pleas at Lancaster, or in the Court of Common Pleas at Durham, shall recover by the verdict of a jury less damages than forty shillings, such plaintiff shall not be entitled to recover or obtain from the defendant, in respect of such verdict, any costs whatever, whether it shall be given upon any issue or issues tried, or judgment shall have passed by default, unless the judge or presiding officer before whom such verdict shall be obtained shall immediately afterwards certify on the back of the record, or on the writ of trial or writ of inquiry, that the action was really brought to try a right besides the mere right to recover damages for the trespass or grievance for which the action shall have been brought, or that the trespass or grievance in respect of which the action was brought was wilful and malicious.

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