m IMAGE EVALUATION TEST TARGET (MT-3) z % 1.0 |50 ""'^= 2.5 2.0 I.I — , WUu Lis illlU 11.6 6" t'notograpmc Sciences Corporation 4% iV \\ ^''^ ^\^ 23 WEST MAIN STREET WEBSTER, NY. 14580 (716) 87i2-4503 ^^ r\F arty to apply to a judge or the court to strike out any ])l('ading calculated to embarrass or delay the ])roceedings ; and in actions on pro- missory notes and bills of exchange, or in actions to recover a money demand rendered certain by any instrument in writing under the signature of the defendant, or in matters of mere account . where the the same is li(iuidated by the course of dealing or the act of the parties or of the defendant, and the writ has been specially endorsed or full particulars have been served along with the declaration, and the defendant shall in his jdeas set up a defence not true in fact, ]jut merely for the purpose of embarrassment or delay, it shall be com])etent for a judge or the court on application to order that such plea or pleas shall be struck out, and if it shall be just so to do, to order that judg- ment be forthwith entered for the plaintiff on such terms, as to costs and otherwise as shall appear just. 6. It shall not be necessary in any proceedings to make a judge's order for the payment of costs a rule of court ; but writs of execution may be issued in pursuance of the order in the ^ame manner, and shall have the same force and effect, as if the same had been issued in pur- suance of a rule of court. 7. No Issue Book need be delivered in the proceedings in any action ; but a Nisi Prius Record shall be made up by the plaintiff and passed in the Master's office, and whether issues are to be tried or damages assessed, with or without the intervention of a jury or by the judge, it shall not be necessary to put on the Record any other venire than the following, that is to say : — " Therefore, &lg." 8. When issues in fact have been tried, or damages assessed or enquired of before a judge without the intervention of a jury, the postea endorsed on the Nisi Prius Record may be to the efi'ect or in the words following : — w " Aftei\vai-(ls. on the (lay of -^ - in the year of our Lord l^' — . ^t tlie sittings of Assize and Nisi Prius, in and for the Province of Manitoba, at Winnipeg-, tiie lionoralth- (/r/), and assessed the damages of the ])Iaintiff at over and "above 'his costs {or if the juthje has foumi a hahnice due (o fhe defeiaJant, on a plea of set-off or otherwise after stidlmj the issue or issues f omul for the deferulai drafter the word '(Jairmjics' say) of the defendant ac -^ over and above his costs (or if if Ije oidy au asscssna'iif of daiixir/es leave out all ahout the issues aud say) assessed tlie said daniages of the plaintiff at u r Thei-efore, etc." 9. No pi'oceeding sliall be defeated by any formal objection, but it shall ^ be in the discretion of a judge or .the court in all matters of practice and procedure to order all necessary amendments with or without costs, to tlie end that in all tilings substantial justice may be done. 10. From and after the tenth day of February, 1875, the Table of Costs following, sliall be that according to which all costs in civil actions in the Coui-t of "Queen's Bench" on the Cononon Law side shall be allowed and taxed, and no otJiei- fees, costs or charges than herein set down shall be allowed in respect of the matters thereVjy provided for, either upon taxation between iVttorney and Client, or between Party and Party. T]m scale marked " Inferior Scale " shall be allowed when in ejectment, and in replevin the value of the property does not exceed S::'2()(), and in rej^levin is above $40, and in all personal actions (except whei-e the title to land, or the validity of any devise, bequest or limitation under any will or settlement is dis])uted, or in actions for libel, or slander, or criminal conver- sation) wliere the debt or damages claimed or recovered exceed S4() in the case oHorts or actions ex delicto, and $100 in actions ex contractu ^yhere the demand or amount is not liquidated or ascertained by the signature of the (l(>fendant or by the act of the parties, do not exceed .S2C0,and in actions relating to debt, covenant and contract, wherein the demand is liquidated or ascertained by the signature of the de- fendant or by the act of the jiai-ties and in w^hich the recovery is above $100 and does not exceed $400 ; and in all other cases the scale marked " Superior Scale " shall be allowed, and the amount of the verdict or real amount recovered shall be conclusive as to the scale of costs to be allowed, except a judge shall otherwise certify or order. 6 m TABLE OF COSTS. Goneral allowance for FlaiiitirtH and Defondanis, as well between Attorney and Client a.s l)etween Party and Party, ai)proved })y Rule of Court, dated lOth day of February, 1H7"). TO THE ATTORNEY. Instructions to the Attorney : — Superior Scale. Infe'r Scale. " c, I c. Taking inatvuctions to Sue or Defend, except in Ejectment, 3 00 2 00 In Ejectment 4 00 3 qo Letter to eacli defendant before action including attendance to post 50 25 WRITS. Summons including attendance ... Concurrent Summons Renewed Summons Capias Concurrent Capias ... Renewed Cajnas Capias ad Satisfaciendum ... ... . . . , * , . Renewed Capias ad Satisfticiendum Capias ad Satisfaciendum for the Residue Renewed " '' << <« Fieri Facias. , . ' • • • «.• • . • ... . . Renewed Fieri Facias Concurrent Fieri Facias Fieri Facias for the Residue Renewed " " Habere Facias Possessionem Special endorsement of demand on Wnt of Summons Writ of Revivor ... Ejectment (Summons in) Subptena ad Testificandum Subpoena Duces Tecum (and if above four folios, additional, per folio 12 cents) Attachment against Goods of absconding debtor Attachment against Garnishee Habeas Corpus obtained by Plaintiff, including allowance thereof . . Procedendo .... Venditioni Exponas Supersedeas. ... Mandamus Injunction Commission to examine witnesses NOTK—The above allowances include all charges for attendant for the writ and delivering it to the officer. «'<.<.<^«««/m-« jur tne 2 00 1 00 1 50 1 00 1 50 1 00 2 00 1 50 1 50 1 00 1 50 1 00 2 00 1 00 1 50 1 00 2 00 1 00 1 50 1 00 2 00 1 00 1 50 1 00 1 50 1 00 2 00 1 00 1 50 1 00 2 00 1 50 1 00 75 2 00 1 00 2 00 1 50 1 00 75 1 25 75 2 00 1 00 2 00 1 00 2 00 2 00 1 00 2 00 1 00 1 25 1 00 2 00 1 00 2 00 1 00 2 00 1 00 hot ween Rule of Info'r Scale. $ c. 2 00 3 00 26 1 00 1 00 1 00 50 00 00 00 00 00 00 00 00 00 00 00 50 75 00 50 75 75 1 00 1 00 1 00 1 00 1 00 I 00 1 00 1 00 7 COPY AND SERVICE OF WUIT8 OF SUMMONS AND OTIIKR PR(.(;i.;SS. Superior Scale. InfeV Scale. For each copy, including copies of all Notices roquiml to he ^' ^ ""' endorsed 1 no n rn Service of each copy of Writ, if "not done "hvVheSh.'riif; or ' an ofhcer employe.l hy him, when taxable to the Attorney 50 50 Mileugo per mile, for the .iJHtance actually and necessarily travelled, when taxable to the Attorney, one way 10 10 INSTRUCTIONS FOR PLEADING, ETC. For Special aflldavits when allowed by the Master, and in- structing Counsel upon special matters 1 OO (, kq Instruction to Counsel in common matters ... n 50 95 Instructions for Pleading's in action inn i n'o Do. for every Suj^gestion j qO q ^^ Do. for issue of fact by consent i sq q 75 Bo. for .Siicrj^'estion to revive, or for action of Re'- vi\-or, when no rule necessaiy j qq 50 Do. fcr rule foi- Writ of Revivor, when necessary 1 50 50 Do. to defend executor, after suggestion of death of oiiginal defendant ^ qq q kq Do. for agreement of damages .'..'..' 1 00 50 Do. for confession of action in Ejectment, as to the whole or in j)art ^ qq q ^q Do. to strike oi- reduce a Special Jury .... . . " . . ,' 2 00 1 00 DRAWING PLEADINGS, ETC. Declaration o „ _ If above ten folios, for every Mid above ten^ in add'ition. ." .* 20 on One or more Pleas, if five folios or under o oo 1 00 If above five folios, for every folio in addition .....'.'."■.'■' Q '>0 '^O Joinder of Issue, inclusive of copies and engrossing ... 050 09^ Demurrer ^ *' * " " ^Jr ^ ^^ Joinder of Demurrer, inclusive of copies and engrossing '.'.'. 50 95 Marginal statement of matters of Law for argument ex- elusive of copies for the Judges ' j qq ^v ^^ Replications, new assignment and other Pleadings,' the same as the foregoing charges for Pleas. Postea, including engrossing -, ^r. n 5rt' Judgment, whether by default or final .].".". i qo 5n Authority to receive monevs out of Court n 50 95 Suggestions Pleas to Suggestions, and subsequent JPleadings of three folios or under, inclusive of engrossment. .... 80 50' If above three folios for every folio, drawing and engrossing 20 20 Issue for^the tnal of facts, by agreement, for ever/folio . " 20 OQ Special Case, per folio 20 20 H Supurior 8cale. Mnivvmrf inf«.i'r((o,it()il»'H or luiswors for uiiy j)iii'))ose rnfpiired h\ Ijhw, iiicliidiiij,' ('iij,'roH.siii;,', pvi- folio 20 AjL,'reiMneiit of Diiiiiii^^i's mid c;o|»y, if five folios, or \uu\vr . . 1 00 Al)ov(j five folios, for ovcjiy folio, dniwiiii,' mid <'ii^rossiii<;. . 20 Spcctiiil purtieiiliirs of denimid or set off, per folio 20 Sliort. ditto 50 liill of Costs, mid copy for taxiitioii 1 00 '^akillJ^' Ooii,'iiovit and entering' .hid;,'incut tlicreon, when tlicro Inn hceii no provious proceed in-,', iuid the true del)t does not (exceed .iiioOO 12 ()() For the Miinie services, wlioii the true deht exceeds $1,000. . 15 00 Driiwini,' mid oiij/rossin*,' Cojunovit and attending execution, where tliei-e have been previous pi'oce('diii;,'s 2 00 Replication, acce[»tin«i; money out of Court, in full of de- "liuid 1 00 Every necessary letter on tlie business of the cause, includ- ing attendance to post but not postii ge 50 COPfES. Declaration when not exceeding ten folios each 1 00 Do. above ten foli(/s, [»er folio each 12 Other pleadings before enunierateil, above five folios, i)er folio al)ove five 12 All Proceedings, Interrogatories, Ansvvers and other ])apers, of which copies are to be delivered, i)er folio 12 Judgment Roll for non-appearance on Specially indorsed Writs, or Writs of Revivor and in Ejectment, to be taken as nine folios including the Writ 1 80 Of Special and Common Rules 1 00 OP Special Rule, above three folios, per folio additional 20 Of Summons or Order of a Judge 50 Of Order to charge a prisoner in execution 70 NOTE.— Issue Book In done away with, and no allowance to be made for ii. NOTICES, INCLUDING COPY. To declare, \)\ead, reply, and subsequent pleadings... ... 50 By Defendant to bring issue to trial ... .. ... 50 To Executor or Administrator of sole Defendant deceased to appear to writ and suggestion ... ... ... 50 Of a})pearance, when appearance duly entered, and notice given on the day of appearance, but not otherwise ... 50 Of a])pearance to Writ or Revivor ... . . . 050 To Plead 50 Of Declaration, vvhen necessary 50 Of objection for mis-joinder, or nonjoinder of Plaintiff. ... 050 To Sheriff to discharge a prisoner out of custody 50 Notice of Ejectment to defend for part of premises 1 00 \ Infu'r Scale. 1 c. 20 50 20 20 25 50 9 00 75 « 50 35 1 75 12 12 12 75 50 25 25 50 25 25 25 25 25 25 25 25 25 50 9 20 50 20 20 25 50 9 00 75 50 35 75 12 12 12 75 50 25 25 50 25 25 25 25 25 25 25 25 25 50 Hup«ii(ir Hi-alp. Tf iihovn Uin!o folios, for every folio additional , . . *'0 Notice of claiiniiiit'H or dcft.n.iuiit'H title in Kjwtinont! the wirne fees. Notice of i.dniinsiou of right and den=,r. of ouHter by n Joint reimnt, ito _ jj f,^ If above tliretf folios, for cvtny folio 'o() Of diHcoiitinuanee by cininiaii't in Ejectment...."!!!!.! 50 Of <;onfeH,sion of action of Ejectniont," m to whole or' "in "part 50 Of trial or aHseHiiment q ^q Denian.l of residence of Plaintiff a"n"(i" "all "other" co'i'nn'.on notice.s „ ^ r,^ , .. , .„ 50 1 o admit or i)roduce, if not exceeding two folio.s 50 For each folio above two ! ! ! ! q on ATTENDANCES. Attendance at Judge's Chambers ] qq Attendance to file or serve ... ... _ * '" *() rn Atteiulance to give or receive undertaking to appear when service of i)rocess acce|)ted l)y an attorney . . i oq A) • jrney actending (Joint of A.ssize, when not himself Coun- sel or Partner of Conncil Attendii nee on Master in special matters For every hour after the ^rst Taxation of costs per Jig iir All other necessary attendances BRIEFS. For drawing Brief not exceeding five folios Do. per folio additional of original and necessar!v matter Copies of documents, other than Pleadings, when required per folio ..... TERM FEES AND OTHER FEES. Copy of brief for second Counsel when fee taxed to him per folio .... ' Team Fee after Declaration filed Fee on every llecord, including attendance to pass "... Fee on eveiy Rule of Court or Judge's Order Fee on attending by Counsel or Attorney, to hear Judr/ment of Court, wlien attendance is noted by the Clerk a^ tho time AFFIDAVITS. Affidavits of four folios and under including attendance and oath .. J QQ Above four folios for every additional folio . o 20 'nfo'r HmIv. •i^ c. 20 2 00 25 20 25 25 25 25 25 20 50 25 50 2 00 1 00 1 00 1 00 50 1 00 50 75 75 25 2 00 1 00 20 20 12 12 12 1 00 1 00 1 00 12 50 50 50 j I 00 75 20 10 Superior S'lale. Infe'r Scale, I CO Oo) )ies of affidavits when necessary, per folio. Commoji Affidavits of service, when necessary, inchiding at- teuit]i Brief on Assessments Fee with Brief at trial in cases of Tort or in Ejectment, or in matters of contract where contested (To be increased by taxing omcer, in his discretion, to a sum not exceeding $30 to Senior Counsel, and $20 Junior Counsel, in actions of a special and important nature; Provided that the Master shall have power to tax increased fees, provid< d that moi-e than one Counsel fee shall not be allowed in any case, not of a spi^cial and important nature, nor more than two in any case.) ... Fee to Counsel when Counsel attend on argument or exami- nation in Chambers, which in the opinion of the Judge or Master required attendance of Counsel ... (But may be increased in the discretion of the Master oi- a J udge to a greater sum, but not to exceed Where any fee is subject to be incxeased in the discretion of the Master, either party to the taxation, may during its ^ c. 12 2 00 5 00 5 00 5 00 5 00 10 00 30 00 10 00 2 00 10 00 $ c. 12 1 00 75 T< i T( 70 60 B; 2D 20 1 00 3 00 3 00 3 00 2 00 6 00 10 00 5 00 15 00 10 00 00 15 00 1 00 5 00 11 Infe'r Scale, $ C. 12 75 piogreHS require tliat such item shall i)e referfed l»y tlie Master to a Judge whose (.lecisiou shall be linal. The Master may apply to a Judge or the Court, on the tax ation of any it(;m which is in his discretion, or is referred to him. ALLOWANCE TO WITNESSES. Superior Scale. Infe'r Scalf, $ c. $ C. 50 20 15 00 1 00 5 00 1 00 3 00 3 00 3 00 2 00 5 00 • 10 00 5 00 10 00 To witnesses residing within three miles of th« Court House per diem ... ... ... .. .., _ 1 '>") To witnesses residing over three miles from the Court House 1 50 Barristers and Attorneys, Physicians and Surgeons, when called upon to give evidence in conseqiieiuje of any pro- fessional services rendered by them, or to gi\-c professional o] unions, per diem 4 Oq NOTE. The trarclUntj eTpcnuc; itf m'tneni^es shall be allowed accordinn to the sinnn reasonably and aetuallii expended, but, in no case xhall exceed ,'') ,y/(^v per mile one way ; and if witnexne:) attend in one cnum onli/ tliei/ mill be entitled to the full allowance in that caxe ; but if theyaiiend in more than one case then will he entitled to a proprn'tiotMl part only in each cane. TO CLERK IN CJHAMBERS. For each Fiat granted by a Judge for a writ of Quo War- ranto, or for a Rule of (^oiu-t For every Summons For every Order For filing each paper Taking Affidavit For making up each final Judgment of the Judge in con- tested Municipal Election cases, and returning the same into Court ... Copies of papers, j)er folio of 100 words Evei-y search of not more than two terms ... Do. if exceeding two terms and not more than fo'ii' • • Do. if exceeding four terms, oi- a general search CONTESTED MUNICIPAL ELECTIONS. ATTORNEY. Instructions. — To apply for a Writ, of Summons or defend against . Statement of grounds of complaint, including a fair copy Aff^/lavits whetLer si)ecial oi- conmion, per folio of 100 words Recognizance — Di'awing Attendance Special at Chambers, for Writ of Summons, to serve writ, upon the argument, or to hear judgment ... 1 00 Attoidance Common, all other attendances, not mentioned as special, each 59 25 50 4 00 50 25 35 25 75 50 10 10 20 20 1 00 1 00 12 12 15 10 25 20 75 50 2 00 2 00 { ^0 2 00 2 00 f^H 20 20 ^H 1 00 1 00 ■ 1 00 50 12 Scale, $ c. Inf.^ •rSc .1 ale. C. 1 1 00 00 1 1 00 00 M For f 9 For f 12 12 For ( 1 00 1 00 For Superior IVrlfs. Prc'pariiii,' VViit of Sumrnons, AVrit of Certiorari, Miindiunus, Ti-iiil, or Writ of Execution, each ... Fee on each Wiit Notires. Indorsement on Writ of Suuinions, every otlier endorsement njton writ, wlien recjuired to be niay,\vhen necessary COUNSEL. Fee for argument upon the return of the Writ of Sum- mons, if argued by Coun.sel 10 00 10 00 To b(> increased at the discretion of the Judge, according to the importance of the case, and not exceeding ... ... 20 00 20 00 10 20 12 10 20 12 % For TO THE (JLEKK OF THE CROWN AND PLEAS. (To be accounted for to the Treasurer of Manitoba.) Foj' taking recognizance of bail For signing, sealing, and issuing each writ of ten folios and Tinder, including the filing of Praecipe For every concurrent alias pluries or renewed writ, ten folios and under . . And for every folio jibove ten, per folio For eveiy Rule of ('ourt of six folios and under, including the tiling of motion ])a])er. . And for every folio al)ove six, j)er folio Filing each })a])er act>ially necessary to be filed, the filing of which is not included in .some other item Entering anvl filing e;ich ai)[)earance pajjer Amending every wiit, rule, order or proceeding, per folio . . SubpcEna, including filing praecipe 50 50 Foi- 1 1 00 50 cl For 50 25 ni cl 12 12 For 1 00 50 (( 20 20 15 10 For 50 25 Mai. 30 20 JVC 50 30 deteri 13 Inft^'r Scale. $ c. 1 00 1 00 50 Sui)cri(*r Scale 12 1 00 10 20 12 10 00 20 00 50 50 25 12 50 20 10 25 20 30 t Entering aiul filing intorlocatory juclginont in cases wliere the writ is not specially endorsed, and wiiere it is nec^'ssary to take case down to assess danniges, where hv the jiractiee such judgment in. y be entered ... Every certificate under seal of the court, four f\>!ios and under, for every acMitional f( lio, 20 cts. Entering final .jiidgnient including the filing of the judgment roll, hut excluding other filings actually, necossa'iy For i»a.ssing and entering for ti-ial Nisi Prius Recoi-d ... For swearing juiy in each case where it is a jury trial For sweaiing each witness on a trial For every exhibit filed on trial For taking and recording verdict whether the trial he by judge 01' jury . . For taxing every bill of costs and giving allocatui- when required And any time necessarily i-ecjuired beyond one hour, on any taxation {ter hour. . . . .., For every reference to the master in the nature of an en- quiry or for examination or ar.y special matter, not ex- ceeding one houi- .. ... For any time in the matters last aforesaid beyond one hour — per hour. For signing every necessary ap))ointment (not l)eing an ad- journment of a [.ending matter) and noting same in his book, and including the filing of pi-aecipe, if such be necess.'Ary, ... For coi>y of papers filed and exenq)lifications under the seal of theCourt,including filingof piaecipe and search, per folio Period of one year back from the time of search Do. for two years Do. a genei-al search For every aflidavit taken before him . . For entering satisfaction on judgment roll, and including' all filings and searches . . , . . . '"' For evevy commission for the examination of witnesses, in- cluding the «Hng of order and praecij)e For receiving into Oourt, taking care of and paying out money, including all searches and filings and all other cliarges — For $l"0() and under above -5 100 and not above |200 . . above !ii!2')0 and not above |400 $ c. Infe'r Scale. i? e. it " above $400 and not above flOOO " above «1000 . . For entering Exonei-etur on bail piece, including filings Making the necessary entry in the debt attachment book hJ2J-1' him "''"' "°/ ff'-^fi'^f^y Promded for shall be allowed for at a rat, na'ued *'"'•'"'■*""'" to t/,v allowance for like sn-oi,;. in th, items specially I 00 50 50 50 1 50 75 1 00 75 50 25 20 20 10 10 1 00 75 1 00 50 1 50 1 00 I 50 ■ 1 00 1 50 1 00 30 12 20 50 1 00 20 1 00 1 00 1 50 2 00 3 00 00 10 00 50 50 20 12 20 5(1 1 00 20 50 75 1 50 2 00 3 00 6 00 10 00 50 25 14 TO COMMISSIONERS. For taking recognizance of Imil For taking every affidavit Superior Scalp. Infe'r Scale. $ C. $ C. 50 50 20 20 TO THE CRIER. For calling every i^ase with or without jury For each witness (jr constable sworn in respect of a cause to the sheriff and his deputies, (civil side.) Every warrant to execute any process mesne or final when given to a bailiff . . Arrest when amount endorsed does not exceed X50 ($200) Do. over .$200 and under $400 Do. over . 1400 • Mileage going to arrest : when arrest made, per mile Do. conveying party arrested from place of arrest to gaol, per mile Bail bond or bond to limits Assignment of the same 8ei-vice of process not bailable, Scire fxicias or writ of Re- vivor or otlier writ (including affidavit of service) each defendant Serving subpoena, declaration, notices or other papers, be- sides mileage one way for each party served, including affidavit Receiving, entering, endorsing all writs, declarations, rules, notices, or other |)apers to be served, etc., Heturn of all process and writs (except subpoena) Eveiy se-arch not being Vjy a party to the cause or his at- torney Certificate, of result of search when I'equired . . Fee on striking special jury Serving special jury each Summoning sj)ecial jury, each mile travelled from the Court House Returning panel of special juiy . . . . . . Mileage on service of all j)aper3 Every jury sworn Poundage on executions and attachments in nature of exe- cutions when the sum made shall not exceed $400, 5 per cent. Do. when it exceeds $400 and is less than $4000, 5 per cent. for the first $400 aud 2| per cent, for the residue. Do. over $4000, 1 \ per cent, on whatever exceeds $4000 in addition to the per centage allowed up to $4000 in 75 20 1 50 75 50 15 75 50 1 50 I 50 3 00 3 00 6 00 6 00 20 20 20 20 1 50 1 00 1 00 50 1 50 50 30 50 30 25 25 50 50 «) 00 6 00 50 30 20 20 2 00 20 20 1 50 1 00 15 Infe'r Scale. $ C. 50 20 50 15 Infe'r Scale. $ C. 50 1 50 3 00 6 00 20 20 1 00 50 1 50 30 30 25 50 6 00 30 20 20 1 00 I i Seizing 1 00 20 1 50 1 50 75 50 50 25 4 00 2 00 Superior Scale. $ C. lieu of all fees and Ghar«j;es for services and disbursements except mileage in going to seize aiui disbursenieiits for advertising and necessarily incui-red in the care and re- moval of j)roj>erty to be allowed by the taxing officer in his di.s(;a*oion. Schedule of goods taken in execution, including copy to defendant if not exceeding five folios . . . . . 1 00 Each folio above five . . . . . . . . . . 20 The sum actually disbursid for advertisement required by law to be inserted in the Official Gazette or other news- paper. Drawing up advertisement when required by law to be pub- lishe prisoner on attachment or habeas corpus besides travel at 20 cents per mile . . . . . . . . 1 50 Actual mileage from the Court House to the place when service of any process i)aper or proceeding is made per mile one way . . . . . . . . . . . . 20 estate and effects on attachments against an absconding debtor . . . . . . . . . . 2 00 Every inventory to be cha»-ged as on Executions. Removing or retaining proi)erty reasonable and necessa..^' disbursements and allowances to be made by the taxing officer or by order of the Court or judge. Bailift^'s fee for summoning juiy, mileage per mile . . 20 Bond to secure goods taken under an attachment if prepared by the sheriff 2 00 NOTE. — The allowance to the Sheriff for any service nut particularly men- tioned, Khali he regulated according to the num allowed for the items specified. The Sheriff must use all the economy possible in the service of papers in respect of mileage by transmitting papers by post or otherwim to deputies and outer constables and bailiffs when possible,' or the Master may tax down the mileage. sheriff's fees, (crown side.) (Subject to the approval of the Lieut.-Govemor in Council.) Attending the Assizes per diem . . . . . . , . . . 7 00 For every person discharged from Gaol, having been committed by Warrant for Trial * 1 50 Bringing up each person for arraignment, trial and sentence, in all for each Piisoner, whether convicted or - luitted . . . . . . 3 00 Drawing Calendar of Prisoners for trial at the Assizes, including copies 6 00 Every annual or general return required by La\v, or by the Govern- ment, respecting the Gaol or the prisoners therein, if require.! by the Government 10 00 1 00 20 1 00 20 1 50 .:5 1^ k; Every other return made to tlie (lovernuu'Ut when required Every other re(|uired hy Law .. Drawiu<( C'aleudar of Prisoneris in (laol and on l^ail for trial ut the Court of Oyei- and Tersainor and iieneral gaol tlelivery Conveying Prisoners to the Penitentiary or Heforniatory (exclusive of disbursements) for each day nt>cessarily employed Arrest of eacli individual U[)()n wan-ant. to he paid out of the Puhlie Funds, or hy the party (as the ease may he) Serving SubpoMia upon (!ach person to he paid out of the Public Funds, or by the party (as the case may Ise) Travelling in going to exeoi te wai-rant o»' serve subpiena, 20 cents per mile, and the same charge per mile actually travelled in re- turning with a prisoner. When tlie service has not been effected the Treasurer to bo sati^siied that due diligence has been used, to be paid at a reasonable rate out of the Public Funds or by the i)artv (as the case may be) ... ... ... ... ... ... ,_ Conveying prisoners on attachment, Judge's Order or Habeas Corpus, exclusive of disbursement actually made, wiien no charge by Law is allowed for each day necessarily employed, to be paid out of the Public Funds, or l)y the })arty (as the case may be) Making Return u[)on attachment or Writ of Habeas C,V>rpus, to be paid out of the Public Funds or l)y the parU' (as tlie case may be) Levying fines or issues on recognizances (jstreated oi- other process, the same allowance as on executions in Civil proceedings. Carrying into execution the sentence of the C(Mirt in I'apital Cases ; all such sums ;is shall be unavoidably disbursed, to be taxed by the Master or Treasurer ... Summoning each Constable to attend the Assizes, mileage in serving one way 20 cents i)er mile ... Keephig a Record of Jurors who have served each Court ... All disbursements actually and necessarily made in guarding Prisoneif;, or in their conveyance, to be allowed for, but to be rendered in account in detail with projiei- vouchers to the satis- faction of the Treasurer. *Sunmioning- Grand and Petit Jurors for each Court. * The allowance in the old taviff for this sn-ricc ivnn S^on .■ whether that is too imirh or too httlethe data are not at hand to determine. It mail for aiKjht that is known be a fair sum for the serrice. Rut it would he more business like tt pal/ a fair mileage for scrring the jurors and a certain sum for the precepts and returns; this latter sehice is allowed in Ontario for Grand Jari/ *'i,^ and Petit Jurj i^-J>,. 5 4 c. 00 00 4 00 8 00 2 00 1 00 I 7 00 :\ 00 20 00 1 00 4 00 TO THE CRIEH. (Subject to the approval of the Lieut.-Govenior in Council.) Attending in Court per day during the trial of criminal bussiness Each proclamation ... Each Jury sworn Calling e;.ch person on bail Calling each defendant or plamtiif when necessary Swearing each witness Each constable sworn ... ... 1 00 25 50 25 25 10 20 17 5 4 c. 00 00 4 00 8 00 00 1 00 PFIOHATE. 7 00 3 00 ■2i) 00 1 00 4 00 1 00 25 no 25 25 10 20 I The JoUoidnff fens nhall h>- lake it for proccere])ared l>y him .. Prei»aring in.strnment of rennnciation witli affidavit of execution, if necessary, and if prepared hy him .. On every iyfrant of probate or administration, and entering the same in Register JW)k, as follows: Where proi»orty devolving is under .$1200 " " " from i^l 200 to .$4000 from .$4000 to .18000 above $8000 Re(;ording will, per folio For pi-obate or administration issued under seal of Court, (If sjmcial, may be charged at 15 cents per folio on order of tlu^ .Indgc). Transcri))t of will, in addition, per folio Certified copy of will, when re(piired Drawing .special orders or other instruments directed bv the Judge, per folio Taking every affidavit . . ... . . . . . . . . Attending and entering everj^ order made, or proceeding had, on a si)ecial attendance', or attendance for audit by Judge Every summons, citation, or other process issued under seal of the Conrt ... If over three folios, in addition, per folio Filing caveat Warning to a caveat, anrl noting same . . . . . . . . Receiving and entering bond on appeal For search by a party in the Registry For looking up original will or instrument, and inspection . . Every certificate of search or extract If over three folio.^, in addition, per folio ... Exemplification under seal of Courc If exceeding five folios, per folio For depositing every will of a living person for safe custody, includ- ing a d"[)osit receipt ... For taxing co.sts, and granting certificate ... (No fee allowed for filing paper.-j in non-contentious business). To-be taken bij Attornei/s in respect to Business and Services under the Act in noii-conteidious cases. Consulting fee . . $ c. 50 2 00 2 00 2 00 2 00 3 00 4 00 6 00 15 I 00 15 15 15 20 1 00 1 00 15 25 20 50 20 40 75 20 1 50 15 1 00 75 1 50 18 Preparing all necessary piipei>' and proof's, and passing Pi'ohate or Administration through Court in ordinary cases, including petition, affidavits and bond, as follows : — Wher«i proi)erty devolving is under .flliOO *' " *' from 11200 to $4(>()() « " " from $4000 to |8000 . " " " over $8000 (Fn case of limited or other s})ecial grant, an additional sum, not exceeding $4.00 may be allowed on order of Judge.) For every necessary attendance before Judge when matter s[)ecial . . (No allowance for ordinary attendances in common form business.) Affidavits to lead to citation and affidavits other than those to lead to grant- -each If over three folios, per folio additional . . Fee on subpoena to bring in script, and on citation or other instru- ment unt jr seal of Court Preparing caveat and entering same Attending and giving written insti actions for wai-ning caveator Preparing bond on appeal, with affidavit of execution, and affidavit of justification . . . . . . . . . . . . . , Notice of appeal, copy and service , . Bill of costs NOTE.— She riff's f CM for any Hcroicen in probate shall be the same as in like cases in actions $ c. 6 00 8 00 12 00 U 00 1 00 1 00 15 1 2 1 00 00 00 3 00 I 00 1 00 at law. Fees to be taken by the Clerk of the Croiun, and Pleas and ah>!.) 13. For practice atul procedure, anf be omitted Observations or other original matter in brief, per folio ... 12 20 2:i 1 c. 2 00 3 00 4 00 2 00 4 00 2 00 I 00 1 00 4 00 20 20 1 00 20 1 00 05 12 12 12 20 0RDKR8. Drawing Hpccial ininutoH \Hn- folio propun'.l by the Solicitor Appointment to Hottle or pusH decree or order, copy and Horvico... [When served on more than one party, the extra copies and seivicea are to be allowed.] For every hour's attendance before the Ma.ster, by liis ai)pointment, on 8Pttlin«,' minutes, or iKis.sing decree or order, if noted by the Master or otherwise pioved... The fee on settlin;^' minutes and passing decree or oidcr, mav be increased in tlie discretion of tlie Master in special cas^s iu a sum not exceeding If), where the solicitor attends personally on such settling or j)assing. When the minutes are si^ttlell or decrees, or orders passed between the solicitors, the Mi\ster sliall have tlie discretion as to the amount to be allowed. Fee on all decree.: and orders to the party obtaining the same Fee on pratcipe decree I'ROCKSS. Prve-ipe for any j)roces8, including attendance with Fee on all writs to the })arty obtaining the same SALES. Drawing advertisement for the sale of real or personal estate under the direction of tlie Court, including all copies except for })rintin<' And for each folio over five, per folio . . [To be increased in the discretion of the Master to a sum n(jt excefui- ing $10 when special information has been procured for the purpo.se of the sale.] Copies for printinir, per folio . . Attending and making arrangement with Auctioneer Each attendance on i)rlnter X '• •• •• •• Revising proof Fee on conducting sale when lield where solicitor resides Fee on conducting sale, besides all necessary travelling expenses wl)ere solicitor attends with the approval of the Master previously given . . If the solicitor is engaged for moi'e than three hours for every hour beyond that time If the sale occui)ies more than one day, the Master may allow to him in addition to his travelling expenses, per diem, a sum not exceed- ing The Master may also allow to one other party to the suit his fees and expenses for atteniling sales, if in liis opinion it is necessary or proper that he should attend. 9 c. 20 80 1 (K) 1 00 4 00 70 1 00 2 00 20 10 1 00 50 1 00 5 00 10 00 1 00 20 00 24 ATTENDANCES A-tttmckneo on Master's warrant or appoiutinent, or on examination of witnesses, per hour To be increased in the clis;;retioa of the Master to [On special and important points and matters requiring the attend- ance of counsel, the Master, may, in lieu of the fees for attendance, allow a counsel fee, when counsel attend the same, to be noted at the time, not to exceed Solicitor's attendance in Court, or hearing of cause, demurrers, or special motions, for each hour occupied in the hearing thereof Atteiyling consultations of counsel, per hour, where the Master is satisfied such attendance is b(;nelicial to the client Attendance on taxation, per hour . . [On i-evision of taxation the same fees are to be allowed as on taxa- tion.] Every necessary attendance Attending to make eacli copy of Bill, not exceeding five, an office cony . , I c. 1 00 2 00 10 00 2 00 2 00 1 00 50 50 LETTERS. Letters to each defendant before suit . . Common letters in suit, each Common letter between solicitor and client . . With power to the Master in both cases to increase the fee for special letters to an amount not exceeding . . (No letter is to be allowed unless the Master is satisfied of its necessity) Necessary agency letters in the course of a cause or matter to be all- owed on taxation between party and party as necessary attendances. Postages, the amount actually disbursed. 50 50 60 2 00 MISCELLANEOUS. Drawing bill of costs, including copy to keep, per folio Copy to serve, per folio Statement of issues in Master's Office, when required by the Master And for each folio over five, per folio. . Fee thereon, in the discretion of the Master Where it has been satisfactorily proved that proceedings have been taken by solicitors out of Court to expedite proceedings, save costs, or compromise suits, an allowance is to be made therefor in the discretion of the Master. Drawing Judge's appointment, and attendance for his signature, and to serve When served on more than one party, the extra copies and services to bo allowed. To he taken hy the Master and to he accounted for the Treasurer of Manitoba. 20 1 12 20 20 2 00 1 00 $ 0. 1 00 2 00 10 00 2 00 2 00 1 00 50 50 50 50 60 2 00 20 1 12 20 20 2 00 1 00 25 Every summons or M'arrunt Administeritig oath, or taking affirmation Marking every exhibit . . Drawing depositions, reports or orders, per folio . . One fair copy when necessary, {.er folio Copy of papers given out when required, jxt folio Every attendance uj)on a reference Foi" each additional hour Every certificate -Filing each 2>apcr . . Taxing costs, including attemlance, one hour and under Every additional hour Ev«ry special attendance out of office, within two miles Eveiy additional mile above two . . Reading affidavit — per folio Matter added— per folio Searching files in office. . Drawing minutes of decree or special order--per folio Drawing decree or order — per folio Entering same— per folio . . Fee on payment of money into Court. . Fee on payment of n.oney out of Court Fee on admission of Solicitor . . Comnnssion appointing Special Examiner Attendance on appointment of guardian On every application in (^hanibois (including the order thereon if made,) for a decree against infants, for the administration of 'an estate, tor the sale of an. infant's estate, to declare a person a Junatic, tor vuterim alimony, for a vesting order, for final order of torclosure or sale, for forclosure after abortive sale, to extend time tor payment of mortgage money, or for taxation On every other application (including the order thereon, if made) ^ntering parties' names, and filing bill, answer or demurrer Entering and filin;^ all other pleadings, irterrogatories and deposi- tion.s, or other evidence .. .. Filing and registering affidavits, exhibits, or other papers fciUtering note pro confesso Subpoeaa, includin,' filing pa^cipe . . Special writ, writ of commission Office-copy of i)apers required to be given out— per folio Lxaminmg and authenticating same, when office-copy prepared bv buhcitor— every three folios wi i - .r Amendment of record, when re-engrossment not necessary— per foli.. betting down cause, other than f.,r hearing pro confesso ' betting down cause pro mufesso Certificate of pleadings being filed Certificate of state of cause Searchinof files in office. I c. 30 20 20 20 10 10 1 00 1 00 50 10 1 00 1 00 1 00 20 20 20 20 20 20 12 30 30 1 00 2 00 50 1 00 50 50 20 10 50 50 1 00 12 50 20 2 00 50 40 50 20 NOTE. -To the Sheriff like fets and allowanceg as in similar cases at law. 26 ^ c. 2 00 1 00 50 20 Toh t k^ f ^^' "'^ ^"^^ SOCIETY. (Subject to the approval of the Lieut C ^' ()„ -.,. •'^'^"^-«"''ernor in Counsel.) a hhn^, every; bill or amended bill t'le seal of the Court . . "\ ''^' "l^;^*"^'"^ «"'^P^«ua, issued under T.b Ik h ™ ™'' ""™'''' ™'"'- I J The V\ \r " •• •• 20 luties (,f any there be) umyLT^ \ ■'" "'''''t'"" to any other f<"»-t or by act of the Lo W?, ''"" '',"" '^^ "'k o,- o.fler of msp„„.ble for the »a.e \^ '^ ^'^ !. "";' "- ^id Clerk Zx, t S-ou t, and foi- the conduct s ■ e° i °'"''''' »'"' l«l»ra of the ^'"»» ~:;rw,;;;'ii;rdr:rV'' 'v- *™« ="•'- «.«« joined Pn.« ; l.nt all .Y,,,! p,;,,, ' * -rj," f f "'« "f tlie Court of ml the f.rst day of the .ittin.' oV 1 1 ', n' """"•'"' f""- '""I only on mne o'clock in the mornin" • d t , '^"'r' '"^'«™ ""e hourof t::---.-,erk. b3 iS attendaTcet^rSr^tttct^^^^ " ^^ "' °*-^ ''^-'*-' -'« ^" 'M^ Court a. hereby .per- 16. he 2 00 1 00 50 20 ^, and in nving his lionotaiy, litl desig- 'eding or Court of ssesa and arm and k of the I' Courts ly other I'der of sliall be i of the business ihon'sed >m time it shall less in oval of joined f Nisi ily on urs of out a, ill, hy ds for uper- 27 COUNTY COURT. Heieafter no formal stateuient of the cause of action shall bo neces- sary in the County Court, but every plaintiff when he enters an action with the clerk shall leave with him (which may be done by post) a simple stateuient in writing of the cause of action ; in the case of an account the particulars of the demaml may be in the usual form of an account or otherwise ; in the case of a trespass or a wron i lal sub|)(eiia Every copy . . Entering aj.pearance and dispute of defendant Kece. vmg the writ of summons on return and filing the same Above .$100 .. _ " ■■ •• Recording every j.idgment where the 'recovery is $r,(Vor under " ' Above ,$00 and under $100 Above ,$100 ^^!^-vtip"' ^'"" ''' ""^"^^'^ *^"^*^^"^ ^^" -«^ -^'1 ^^11 other Filing every exhibit directed to be filed on the trial of a cause Every reference enquiry or exanunatioa referred to the d.' k per hou; Puttmg the seal of the court to any docu.nent not bein- a w Every se.rch (except by a partv to the cause) ^ ' " ^:Sn!; ev^iy ^IhI^ ''\ -^-^^"-^^ ^'^ 1'— »-^« !-• ^Ho ' " . . Per dollar on payment of monev into court for every writ of execution, inclu.ling all neJessary statements -uul e..dorseme,^s and the delivery of sau.e to the sli-irt^ 'l "^ •; j the return thereof, and takh., charge of and ....en.de to party t;^h!;m $ c. 25 40 20 15 50 10 25 20 1 00 1 50 2 50 25 50 75 10 1 50 50 20 12 20 02 1 00 ALLOWANCE TO BE MADE FOR SERVICE OF PROCESS. ^^e r;""' "'' '""""'' "^ ^"""^« '''■'' ^' -"— '^ P-- mile ^'IZTITZ'^'^ ^'-'^ of -service-oath if- neces;;ry, and [Pa,mdage and a^tendarices on executions to the i>arties to whom the same are directed the same as th. "Inferior Scl'' f . T Sheriff in the table of fees in the Queen's B^-nch.] ' enumerated not to exceed il auS' M^^X^n^ '"""'''' '" ""' '^'"'^^'' "'""^^ 20 1 00 $ c. 25 40 20 15 50 10 25 20 1 00 1 50 2 50 25 50 75 am 29 0. No fee or allowance shall l,e taxed to any attorney or counsel i,. .„n- actioii m the County Court, except in contentious or dis„t t "l TZJ^^:frr^r'^ tnul.ofany cause alio, an att!:! o counsel to l.e taxe< m the cause such trial fee .s h. shall think fit and proper under the circumstances, in no ease to exceed m. E. B. Wood, C. J. J. C. McKEA(fNKy, J. Louis BetouhiVay, J. 10 1 50 50 20 12 20 02 PKINTEO AT "TUB STANDARD" OFKJUK, WINNIPEG, MANITOBA.