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£ s. d.

Order to file a Certificate of an Acknowledgment of a Deed

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Order undertaking to pay Debt or Costs, or to pay

Attorney's Bill, on Taxation

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Order for Judgment on Writ of Scire Facias

Order to make a Rule of Court absolute

Order, other than above mentioned

Special Commission to take Acknowledgment of a

Married Woman

Fiat for Admission of Attorney

Recognizance to appear and plead

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Fiat for the Enrolment of a Deed

Fiat for Commissions of Sewers

Fiat for a Certiorari on the Crown side

Fiat for Habeas Corpus on the Crown side

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Fiat for Habeas Corpus ad testificandum

Bond for a Merchant (being a Member of Parliament) and his Sureties, under the Statute

2. Bail Fees.

Bails on Cepi Corpus in Term or Vacation (out of
which 6d. to the Porter of Serjeants' Inn)
Do. on Habeas Corpus in a Civil Suit, in Term or
Vacation (out of which 6d. to the Porter)

Justifying Bail, in Term or Vacation

Delivering Bail Pieces off the File, to Attorney, for him to take to Westminster

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Delivering Bail Pieces off the File, which have been

filed above a year ..

Bail on Certiorari, in Term or Vacation (out of which 6d. to the Porter).

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Bail in Error

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0 2 0

Surrender in discharge of Bail, and Commitment
thereon, (out of which 1s. to the Porter)
Commitments to the Custody of the Marshal or
Warden (out of which 6d. to the Porter)
Added Bail

Approbation of Commissioners for taking Special
Bail

Approbation of Commissioners for taking Affidavits
Commission for taking Special Bail (including
parchment, ingrossing or printing and sealing)
Chief Judge's Clerk's Fee

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Commission for taking Affidavits (including parchment, ingrossing or printing and sealing) Chief Judge's Clerk's Fee.

3. Attendance and Service Fees.

Attendance as Commissioners to take Affidavits ..
Attending to take Interrogatories

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Attendance at the Judge's House, or elsewhere than

at Chambers, at the request of a party

Entry of Caveat

Special case for the opinion of the Court
Special case from Chancery

Special Verdict

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Demurrer and other paper books

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per diem

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per diem

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Exhibit to which Judge's Signature is required

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Copying Judge's Notes

Producing Judge's Notes

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Escape Warrant

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Warrant to apprehend a bankrupt

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Attendance by Counsel

each side 0

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Signing a Bill of Exceptions

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Signing Depositions ..

Certificate on Special case to Courts of Equity

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0

0 10

6

..

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For taking Affidavits or Affirmations, from each
Deponent, including all Exhibits annexed,

in Term

in Vacation

For keeping Affidavits, and carrying them to the
Rule office, to be filed

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Fiat for Allowance of a Writ of Error to the Exchequer Chamber

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Office hours.] In the court of Queen's Bench, by R. T. 7 W. 4, it is ordered that all the offices (the rule office excepted) shall be open, in term time, from eleven in the forenoon till five in the afternoon, and not in the evening; and that the Rule office be open, in term time, from eleven in the forenoon till three in the afternoon, and from six till eight in the evening. In vacation, all the offices shall be open from eleven in the forenoon till three in the afternoon, except between the 10th of August and 24th of October, when they shall be open from eleven in the forenoon till two in the afternoon.

In the court of Common Pleas, by R. T. 7 W. 4, it is ordered, that all the offices (the Secondaries' excepted) be open, in term, from eleven in the forenoon till five in the afternoon; and that the Secondaries' office be open in term from eleven in the forenoon till three in the afternoon, and from six till eight o'clock in the evening. In vacation, all the offices shall be open from eleven in the forenoon till three in the afternoon, except between the 10th of August and 24th of October, when they are to be open from eleven in the forenoon till two in the afternoon only.

In the court of Exchequer, by R. M. 2 W. 4, the Exchequer Office of Pleas shall, during term and one week after, be open from eleven in the forenoon till three in the afternoon, and from six to nine in the evening; and at other times, from eleven in the forenoon till four o'clock in the afternoon, the usual holidays excepted, when the said office is to be closed.

Holidays in the Offices.] Formerly there were a great number of holidays, established by stat. 5 & 6 Ed. 6, c. 3, and kept by the different offices of the courts of law at Westminster. But by stat. 3 & 4 W. 4, c. 42, s. 43, none of the days mentioned in the said statute, shall be observed or kept in the said courts, or in the several offices belonging thereto, except Sundays, the day of the nativity of our Lord and the three following days, and Monday and Tuesday in Easter week. And since, by R. G. H. 6 W. 4, reciting this act, it is ordered that in addition to the said days, the following and none other shall be observed or kept as holidays in the several offices belonging to the said courts, viz. Good Friday and Easter eve, and such of the five following days as may not fall in the time of term, but not otherwise, the birthday of our lord the King, the birthday of our lady the Queen, the day of the accession of our lord the King, Whit-Monday and Whit-Tuesday. The stat. 11 G. 4, and 1 W. 4, c. 70, s. 6, which makes the whole of the days between the Thursday before and the Wednesday next after Easter day, holidays in court, if they occur in Easter term, does not extend to the offices; but these days shall not be included in any rules, or notices, or other proceedings, except notices of trial or notices of enquiry. R. G. E. 2 W. 4.

Besides the holidays here expressly named, it is provided by stat. 1 W. 4, c. 7, (which enables the judge, before whom the issue in any action shall be tried, to award speedy execution), that no officer of the said courts shall, for the purpose of taxing costs on any judgment to be signed by virtue of that act, be compelled to attend at any time between the last day of August and the 21st day of October in any year. 1 W. 4, c. 7, s. 6.

CHAPTER IV.

Sheriffs.

SECTION I.

Sheriffs, their deputies and duties.

Sheriffs.] A sheriff is appointed for each county in England and Wales. There are also certain cities and towns, which are counties of themselves, for which sheriffs are appointed: some have two sheriffs, viz. the cities of Bristol, Chester, Coventry, Gloucester, Lincoln, London, Norwich and York; some only one, viz. the cities of Canterbury, Exeter, Lichfield, Worcester, and the towns of Caermarthen, Haverfordwest, Kingston upon Hull, Newcastle upon Tyne, Nottingham, Poole and Southampton. A sheriff is also appointed for the city of Oxford, although it be not a county of itself. See Grainger v. Taunton, 5 Dowl. 190. The sheriffs of London are the same which serve also for Middlesex; but although two individuals actually exercise the office, yet with respect to Middlesex, in contemplation of law, they constitute but one sheriff, and in all writs and other legal proceedings they are named the "sheriff of Middlesex" in the singular number; if named "sheriffs" in the plural, the writ or proceeding would be irregular and bad. Jackson v. Jackson, 3 Dowl. 182. We shall treat of the direction of writs to these sheriffs hereafter, in a subsequent part of this work.

Undersheriffs.] Sheriffs perform the principal part of their duties by deputy. And by stat. 23 H. 6, c. 9, every sheriff shall appoint such deputy (now called an undersheriff) before he return any writs, to receive all manner of writs and warrants to be delivered to him, under a penalty of 40%., and of treble damages to any person aggrieved by his not doing so. The undersheriff in fact executes all the duties of the sheriff, relating to the execution of writs, the returning of jury process, summoning jurors, executing writs of enquiry, writs of trial, &c.

Sheriff's deputies.] Also, besides the undersheriff, by stat. 3 & 4 W. 4, c. 42, s. 20, "the sheriff of each county in England and Wales, shall severally name a sufficient deputy, who shall be resident or have an office within one mile from the inner temple hall, for the receipt of writs, granting warrants thereon, making returns thereto, and accepting of all rules and orders to be made on or touching the execution of any process or writ to be directed to such sheriff." If he neglect to appoint such a deputy, and a suitor be damnified by his not having done so, he will be liable to an action for the damage sustained. See Brackenbury v. Laurie, 3 Dowl. 180.

Sheriff's officers.] The sheriff usually has certain officers under him, commonly called sheriff's officers, for the purpose of executing writs. And as their acts in doing so, often involve the sheriff in a great degree of responsibility, he usually takes from them a bond with sureties in a considerable sum, conditioned to indemnify him from all actions, &c., for for any thing to be done by them; and from their being thus bound, they are often called bound bailiffs.

The sheriff, however, at the request of the party suing out a writ or his attorney, may direct his warrant thereon to any other person, (not being one of his own officers, see Balson v. Meggot, 1 Har. & W., 659, 4 Dowl. 557. Corbet v. Brown, 6 Dowl. 794), who in that case is termed a special bailiff; but the sheriff in such a case is not liable to the party for any thing that may occur in the execution of the writ; indeed the latter cannot even rule him to return it.

Duties of sheriffs and their officers.] Their duties in the execution of writs, we shall consider fully when we come to treat of those writs, and under the title "Arrest." Their duties in the execution of writs of enquiry, in trying causes under writs of trial, and in taking inquisitions upon writs of elegit, we shall treat of under these different heads. And their right to an indemnity, or to a rule of interpleader, shall be treated of under the title "Execution." The other duties of the sheriff or his officers shall also be mentioned under their their proper heads, in the course of the work.

SECTION II.

Sheriffs' poundage, and their officers' fees.

Sheriff's' poundage.] Upon executing a fi. fa. the sheriff is entitled to 1s. in the pound for the first 1001. of the amount levied, and to 6d. for every pound beyond that. 29 El. c. 4,

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