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 , lX^ 
 
 TABLE OF 
 
 7^ 
 
 FOR THE 
 
 SEVERAL 
 
 eOU IS TY COURTS 
 
 IlSr OKT-A.RIO. 
 
 TORONTO: 
 
 HUNTER, ROSE ife CO 
 1874./ 
 
 3¥7 
 
 
 ,>jt tf ,'i'*; 
 
 • ^ 
 

 y ii 
 
 
 ' JSU^ r-: 
 
TABLE OF COSTS 
 
 FOR THK 
 
 SEVERAL 
 
 COUNTY COURTS 
 
 IN OISTTA^RIO. 
 
 TORONTO: 
 
 HUNTER, ROSE & CO. 
 1874* 
 
/;>i 
 
 all } 
 
 % * 
 
 
 I I ;; I ' 
 
 
 ^ ■ f 
 
TABLE OF COSTS 
 
 FOR THE 
 
 County Courts in Ontario. 
 
 Whereas it is provided by the " Common Law Procedure 
 Act " that the Judges of the Superior Courts of Ci^mmon Law at 
 Toronto, or any three of them, (of whom one of the Chief Justices 
 shall be one,) may from time to time frame a Table of Costs for 
 the several County Courts, and ascertain, determine, declare and 
 adjudge, all and singular the fees allowed to be taken by Counsel. 
 Attcineys, Sheriffs, Coroners, and officers of the said County Courts 
 respectively, in all matters, causes, end proceedings depending in 
 the said Courts or before the Judges thereof, in all actions and 
 proceedings within the jurisdiction of such County Courts, or of 
 the Judges thereof, and that the Judges so framing or altering 
 such Table of Costs may associate with them, in framing or 
 altering such Table, any one of the County Court Judges appointed 
 to " The Board of County Judges " under the " Division Courts 
 Act." 
 
 And whereas the Chief Justice of Ontario, the Chief Justice of 
 the Court of Common Pleas and the Judges of the Superior Courts 
 of Common Law, at Toronto, have assumed the duties so provided 
 for, and in the exercise of the powers given as aforesaid, associated 
 with them in the performance thereof James Robert Gowan, 
 Senior Judge of the County Court of the County of Simcoe and 
 Chairman of " the Board of County Judges." 
 
 In pursuance, therefore, of the powers contained in the said 
 "Common Law Procedure Act," the following Table of Costs for 
 
the said s<weral County Courts in Ontario has been framed by the 
 said Chief JuHtices and Judges, and it is determined, declared and 
 adjudged, that from and after the Ist day of March next all and 
 singular the costs and fees mentioned in the said Table, and no 
 other or greater, shall be allowed in taxation, or taken, or re- 
 ceived, by any Counsel or Attorney, Sheriff", Coroner, or officer, 
 respectively, in the said County Courts, for any business by 
 them, respectively, to be done or transacted in the said County 
 Courts, or before the Judges thereof. 
 
 WM. B. KICHARDS, C. J. 
 JOHN H. HAGARTY, C. J. C. P. 
 JOS. C. MORRISON, J. 
 ADAM WILSON, J. 
 THOMAS GALT, J. ' 
 . J AS. ROBT. GOWAN, Co. J. 
 
 Toronto, fifth day of January, 1874. 
 
 J., 
 
 :tnh) 
 
 :\. ^. 
 
 i- '''J4.):''«' 
 
 '.y- "1'-!;-:-. -^•'■''* ; -''• ^:t'-' ^'i ' 
 
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 'V (, • !, . I> 1 I' 
 
 
 
TABLE OF COSTS. 
 
 (JENERAL ALLOWANCE FOR PLAINTIFFS AND DEFEND- 
 ANTS, AS WELL BET\ ^E'S ATTORNEY AND CLIENT, 
 AS BETWEE: party and PARTY. 
 
 TO THE ATTORNEY. 
 
 } 
 
 WRITS. 
 
 Hummons, including attendance $1 00 
 
 Concurrent Suramona 76 
 
 Renewed Summons 76 
 
 Capias 1 00 
 
 Concurrent Capias 76 
 
 Renewed Capias 76 
 
 Capias ad Satisfaciendum 1 00 
 
 Renewed Capias ad Satisfiiciendum 76 
 
 Capias ad Satisfaciendum for the residiie 1 00 
 
 Renewed do. do. 76 
 
 Fieri Facias 1 00 
 
 Renewed Fieri Facias 75 
 
 Concurrent Fieri Facias «. 75 
 
 Fieri Facias for the residue 1 00 
 
 Renewed do. 75 
 
 Special Endorsement of Demand on Writ of Summons 75 
 
 Writs of Revivor and Attachment, each . I 00 
 
 Subpoena ad Testificandum 50 
 
 Subpoena duces Tecum 75 
 
 (and if above four folios, additional per folio 10 cents.) 
 
 Venditioni Exponas 1 00 
 
 All other writs necessary 1 00 
 
 NoTi. -The above allowance includes all charRcs for attendance for the Writ, 
 
 and delivering it to the officer. ? i' 
 
 For each copy including copies of all notice'? required to be en- 
 dorsed 50 
 
Service «)f each Copy of Writ if not done by the SherifT or an 
 officer employed by him when taxable to the Attorney fO 26 
 
 Mileage per mile for the distance actually and neceBsarily travel- 
 led when taxable to the Attorney 10 
 
 
 INSTRUCTIONS TO THE ATTORNEY. 
 
 Taking InBtnictiona to sue or defend 2 00 
 
 Inatrnctiuiin fur Pleadiiujn : 
 
 InstructionB for Special Attidavita when allowed by the Clerk 
 
 and instructing Counsel on Special matters 
 
 Instructions to Counsel in Common matters 
 
 Do. for Brief 
 
 Do, for every suggestion 
 
 Do. for issue of fact by Consent 
 
 Do. for suggestion to revive or for suit of revivor when 
 
 no rule necessary 50 
 
 Do. for rule for writ of revivor when necessary 50 
 
 Do. to defend Executor after suggestion of death by 
 
 original defendant 50 
 
 60 
 
 25 
 
 1 00 
 50 
 76 
 
 DRAWING PL1"]ADIN(1S, An. 
 
 Declaration 
 
 If above ten folios, for every folio above ten, in addition (but in 
 no case to exceed $2. 00 for whole declaration) 
 
 One or more Pleas, if five folios or under 
 
 If above five folios, for every folio in addition (but in no case to 
 exceed ^1.50 for pleas) 
 
 uoinder of Itsue inclusive of copies and engrossing 
 
 Demurrer 
 
 Joinder of Demurrer, inclusive of copies and engrossing 
 
 Marginal statement of matters of Law for argument exclusive 
 of copy for the Judge 
 
 Replications, new Assignment, and other Pleadings, the sanie 
 as the f orei,'oing charj,'es for Pleas 
 
 Postea, including engrossing 
 
 Judgment, whether by default or final 
 
 Authority to receive money out of Court 
 
 Suggestions, Pleas to Suggesttuiis and subsequent Pleadings in- 
 clusive of engrossment 
 
 Issue for the trial of fact by agreement, for every folio 
 
 Special Case, per folio 
 
 Drawing Interrogatories or answei's for any piwpose required 
 by Law, including engrossing, per folio 
 
 Particulars of demand, or set off 
 
 Special particulars of do per folio 
 
 Bill of Costs 
 
 Copy for the opposite party, each. . . 
 
 Taking Cognovit and entering Judgment thereon where there 
 has been no previous proceeding and the true debt does not 
 exceed $200 
 
 For the same services where the true debt exceeds !jJ200 
 
 t 00 
 
 20 
 75 
 
 20 
 25 
 60 
 25 
 
 50 
 
 60 
 6() 
 25 
 
 60 
 20 
 20 
 
 20 
 60 
 20 
 50 
 25 
 
 8 00 
 10 00 
 
 1 
 

 DrAwin^ and engrnHning Cognovit,, und attending execution 
 
 whero tiioit* hiivo buon pruvioun pruuuutliiigs ifi) 75 
 
 Inntriiutions for Pleading8 ill Suit I (K) 
 
 Replication accepting nioni'v uut of Court in full of demand 5U 
 
 Every necessary Letter in the business of the cause i) 25 
 
 COPIES. 
 
 Declaration, when not exceeding ten folios, each 
 
 Do. above ten folios, per foliu (hut not to exceed $1.00) 
 
 75 
 
 10 
 
 Pleadings ))efore enumerated 40 
 
 Issue (Pleadings) if ten folios or under 1 (X> 
 
 If above ten folios, for evtry folio 10 
 
 All proceedings, interrogatories, answers and other paiiers of 
 
 which co])ie8 are to bo delivered, per folio l() 
 
 Judgment for non-appearance on tSiiccially endorsed Writs, or 
 
 Writs of Revivor and in Ejectment to betaken as ten ftilios, 
 
 including the Writ. 
 
 
 COPY AND SERVrOK. 
 
 Of .Special and Common Rules 50 
 
 Of Special Rules, above three folios, per folio additional 10 
 
 Of Summons or Order of a Judge 25 
 
 Of Order to charge a prisoner in execution 50 
 
 NOTICES INCLUDING COPY. 
 
 To declare, reply and subsequent proceedings 25 
 
 By defendant, to bring issue to trial 2") 
 
 Of Appearance, when appearance duly entered and notice given 
 
 on the day of appearance, bat not otherwise 25 
 
 Of Appearance to Writ of Revivor 26 
 
 To Plead 25 
 
 Of Declaration, when necessary 25 
 
 To Sheriff to discharge a prisoner out of custody 50 
 
 Notice in Ejectment to defend for jpart of premises 50 
 
 Notice of Claimant's or Defendant's title, same fees. 
 
 Of Trial or Assessment 25 
 
 Demand of residence of Plaintiff and all other common notices, 
 
 each 25 
 
 To admit or produce, if not exceeding two folios 25 
 
 For each folio above two 10 
 
 ATTENDANCES. 
 
 Attendance at Judges' Chambers 50 
 
 Attorney attending Couii; when not himself Counsel or partner 
 
 of Counsel ,.. 1 00 
 
 Attendance on Clerk in Special matters 50 
 
 Do. do. ascertaining amount due plaintiff by a 
 
 British subject under order of a Judge 1 00 
 
 For every hour after the first 50 
 
i 
 
 8 
 
 • -ixalHir of coats on Postea $1 00 
 
 ')<.: on Judgment ctherwise than on Postea 40 
 
 H. nee to file or to serve, to give or receive undertaking to 
 npe<tr when service of process accepted by Attorney, and all 
 irCher necessary attendances, each 25 
 
 BRIEFS. 
 
 For Drawing Brief notexceeding five folios 1 00 
 
 Do. for each folio in addition 10 
 
 Do. per folio of original and ii^ow.ciry matter ... 20 
 
 Copies of documents other than Pleadings when required, per 
 
 folio 10 
 
 TERM FEES AND OTHER FEES. 
 
 Term Fee after Declaration filed 50 
 
 Fee on every Record 50 
 
 Do. Rule of Court or Judge's order 50 
 
 Do. Attending by Counsel or Attorney to hear Judg- 
 ment of Court when attendance is nofod by 
 
 <'lork at the tiuu' and ia necesHary 1 00 
 
 AFFIDAVITS. 
 
 Drawing Affidavit per folio, special 20 
 
 Copies of Affidavits when necessary, per folio 10 
 
 Common j^ffidavits of service, when necessary, or of payment of 
 
 mileage, including oath 70 
 
 Mileage on services as on writs of summons 
 
 r -: V • V;'.t 
 
 DEFENDANTS. J 
 
 Appearance 50 
 
 For each additional Defendant 20 
 
 COUNSEL FEES. ....■,. 
 
 Fee on motion of course, or on motion for Rule Nisi or on 
 motion to make rule absolute in matters not special 1 00 
 
 On Special motion for Rule Nisi (only one (counsel fee to be 
 taxed) 3 00 
 
 To be increased to $5 00 in the discretion of the Judge 
 
 To attend Reference to Clerk when Counsel necessary in opinion 
 of the Judge 3 00 
 
 On revising Pleadings or Interrogatoies, or settling or revising . 
 
 special cases when necessary in the discretion of the Judge 
 who shall certify the amount to be taxed before taxation, not 
 exceeding 2 00 
 
 Advising on evidence in contested cases in discretion of the J udj^e 
 a.s above, a sum not exceeding 3 00 
 
 '» 
 
Fee on Argument on supporting or opposing Rules on return 
 
 of Rule Nisi or argument of Demurrer or special case $5 00 
 
 To be increased by Judge in his discretion to a sum not to 
 exceed $10 00. 
 
 Fee with Brief on Assessments 4 00 
 
 Do, do. do. at Trial $6 to 10 00 
 
 To be increased bj' order of a Judge in his discretion to a sum 
 not to exceed $20 00. 
 
 Fee to Counsel whan Counsel attend on argument or examina- 
 tion in Chambers when in opinion of Judge attendance of 
 Counsel is necessary 1 00 
 
 To be increased by order of Judge in his discretion to a sum not 
 exceeding $4 00. 
 
 Drawing Bond on Appeal or Bond for Security for Costs 3 00 
 
 Drawing Bail Piece 100 
 
 In all applications and proceedings before the Coiinty Judges 
 not relating to Suits instituted in any Court of Civil Judi- 
 cature there shall be payable to the Attorney and Counsel 
 the same fees as in the foregoing Table so far as the same are 
 applicable. 
 
 00 
 
 
 FEES 
 
 To be taken and received' by the Clerks of the several County Courts 
 
 for their services. 
 
 Every Writ, Mesne and Final (exce]it subpoena for which 2oc.) 
 
 Every Concurrent, Alias, Pluries or Renewed Writ 
 
 Every appearance entered, and tiling Memorandum thereof . . . 
 
 Every appearance, each Defendant after the first 
 
 Filing every Afiidavit, Writ, or other proceeding or paper 
 
 Amending every Writ, or other proceeding or paper 
 
 Every ordinary Rule 
 
 Every special Rule, when prepared by the Clerk, 
 
 Every Judgment by Default 
 
 Every Final Judgment 
 
 Taxing every Bill of Costs and giving Allocatur 
 
 Every Reference, Inquiry, Examination, or other special mat- 
 ter referred to the Clerk, for every meeting not exceeding 
 one hour 
 
 Do. do. for every additional hour or less 
 
 For every Report made by the Clerk upon svich reference, &c. 
 
 Upon Payment of Money into Court, for every sum upder $200 
 
 Do. $200 and over 
 
 Every Certificate required from Clerk, and given 
 
 Exemplification, or Office Copy of Proceedings, per folio 
 
 Every Search, if within one year 
 
 Every Se:*rch, if over one year and within two years 
 
 Every Search, over two years, or a General Search in one cause 
 
 Every Affidavit, Affirmation, or Oath administered by Clerk... 
 
 Entering Satisfaction on Record, and filing Satisfaction piece. 
 
 Every Commission for the examination of Witnesses 
 
 Entering Exoneretur on Bail Piece 
 
 40 
 
 40 
 
 16 
 
 10 
 
 10 
 
 25 
 
 30 
 
 40 
 
 30 
 
 5© 
 
 80 
 
 76 
 
 50 
 
 1 00 
 
 1 00 
 
 2 00 
 
 50 
 
 10 
 
 10 
 
 20 
 
 60 
 
 20 
 
 30 
 
 50 
 
 20 
 
10 
 
 For making the Entry required in the Debt Attachment Book 
 
 and in Cognovit Book, each $0 50 
 
 Every Record entered in the Sittings Docket including Records 
 from the Superior Courts 50 
 
 Every Verdict taken, Non-suit, Jury discharged, or Record 
 
 withdrawn 50 
 
 Every Rule or Order of Reference at the trial 50 
 
 Drawing Appointments made by Judge 25 
 
 For Judge's Summons or Fiat, except Fiats for costs, speedy 
 
 execution, or increased Counsel Fee 25 
 
 Judge'sOrder 40 
 
 For attending at every Special Hearing before the Judge, under 
 the I58th section of " The Common Law Procedure Act," 
 and at taking Examination and Evidence, and at Sittings in 
 reference to the County Judge from the Superior Courts, not 
 exceeding one hour 50 
 
 Every additional hour or less 50 
 
 Every Enlargement on Application to Judge in Chambers, or 
 on Return of Summons or otherwise, including search if 
 marked by Clerk 15 
 
 Every Appointment for Taxation of Costs or otherwise, made 
 
 byClerk 10 
 
 For every Meeting upon Reference under 161st section of "The 
 
 Common Law Procedure Act," not exceeding two hours 2 00 
 
 For each additional hour or less 1 CO 
 
 (To be taxed by the Judge). 
 
 For ascertaining the Amount due by Defendant to PlaintiflF, 
 when Judgment signed under Order of any Judge, against a 
 British subject out of Jurisdiction in default of Plea 1 00 
 
 For every Jury sworn 30 
 
 In all Applications and Px'oceedings before the County Judges 
 not relating to suits instituted in any Court of Civil Judi- 
 cature, there shall be payable to the Clerks the same Fees as 
 in the foregoing Table, so far as the same are applicable. 
 
 SHERIFF. 
 
 Every warrant to execute any process, mesne or final, directed 
 
 to the Sherifl', when given to a Bailiflf 50 
 
 A rrest, when amount does not exceed f 200 2 00 
 
 Do. when amount is over S200 4 00 
 
 Bail Bond or Bond to the limits 1 00 
 
 Assignment of the same 26 
 
 Service of Process, non-bailable. Scire Facias, or Writ of Revivor 
 
 (including affidavit of sei'vice) each defendant 1 00 
 
 No fee for affidavit of service to be allowed in such cases, unless 
 
 ocirvice made or recognized by the Sheriff. 
 Serving Declarations, Subpoenas, Rules, Notices orother papers 
 
 (besides mileage) 40 
 
 (for each additicmal party served 25c.) 
 Receiving, Filing, Entering and Endorsing all Writs, Declara- 
 tions, Rules, Notices or other papers, each 10 
 
 Return of all Process and VVrits except Subpoena 25 
 
 Return of all Declarations, Rules, Notices or other papers 16 
 
11 
 
 
 
 ;o 
 
 55 
 10 
 
 50 
 50 
 
 15 
 
 10 
 
 00 
 CO 
 
 00 
 30 
 
 50 
 00 
 00 
 OU 
 25 
 
 00 
 
 40 
 
 10 
 
 25 
 15 
 
 Every search not being by a party to a cause or his Attorney. $0 30 
 •Certificate of result of such search for each party when re- 
 quired 75 
 
 A search for a Writ a^inst lands of a party shall include sales under Writ against 
 :%me party and for the then last six months. 
 
 Notice of appointment for ballot of Jury 25 
 
 Notice to Clerk of Peace of such appointment 25 
 
 Fee on ballotting Special Jury 2 50 
 
 Fee on striking do. 1 25 
 
 Serving each Special Juror (besides mileage at 13 cents per 
 
 mile) 25 
 
 Returning Panel of Special Jurors 50 
 
 Keeping and Checking Pay List of Special Jurors, attendance 
 
 in each case 1 00 
 
 Every Jury sworn or Cause tried before a Judge 80 
 
 Poundage on Executions, and on Attachments in th^ nature of 
 Executions, upon the sum made in the f five per cent. , 
 exclusive (if mileage for going to seize and sell, and except 
 all disbursements necessarily incurred in the care and re- 
 moval of property 
 
 Schedule of Goods taken in Execution, Attachment or other 
 
 Process, including copy to defendant, not to exceed five folios 50 
 
 Each folio above five 10 
 
 Drawing Advertisements when required by Law to be published 
 in the Official Gazette or other newspaper, or to be posted 
 up in a Cotirt House or other places, and transmitting same 
 
 in each suit 75 
 
 Every necessary Notice of Sale of goods in each suit 40 
 
 Every Notice of I'ostponement of Sale in each suit 20 
 
 The Slim actually disbursseii for advertisements required by 
 
 Law to be inserted in the Official Gazette or other newspaper. 
 
 Executing Writ of Possession and serving and executing VVrit 
 
 of Restitution, besides mileage 2 00 
 
 Bringing up prisoner on Attachment, besides travel at 20 cents 
 
 per mile 1 00 
 
 Actual and necessary milage from the Court House to the place 
 where service of any Process paper or proceeding is made 
 
 per mile 13 
 
 Seizing Estate and Efi"ects on Attachment against an abscond- 
 ing Debtor 1 50 
 
 Removing or Retaining Property, reasonable and necessary dis- 
 bursements and allowances to be made by order of the Court 
 
 or a Judge 
 
 Presiding or attendance on Execution of Writ of Enquiry, or 
 
 other Writ of a like nature per day 4 00 
 
 Summoning each Juror in such case 50 
 
 Bailiil's Fee, Summtming Jury, per mile 13 
 
 Hire of Room, if actually paid, not to exceed $2 per day .... 
 Mileage from the Court House to the place where Writ execut- 
 ed, per mile '. 13 
 
 Drawing Bund to secure Goods taken under an Attachment 
 
 against an absconding debtor, if prepared by Sheriff 1 50 
 
 Every Letter written (including Copy) required by Party or his 
 
 Attorney respecting Writs or Process, when postage pre-paid. 30 
 
12 
 
 Drawing every Affidavit when necessary and prepared by the 
 
 Sheriff *0 25 
 
 Precept on Warrant to Bailiff on Replevin 40 
 
 Drawing Notice for Service on Defendant on Replevin 40 
 
 Delivering Goods to the party obtaining the Replevin Writ 1 50 
 
 For Writ, &c., De Retorno Habendo 50 
 
 Drawing Replevin Bond 1 00 
 
 All necessary disbursements for the possession, care and re- 
 moval of Property taken in Replevin 
 
 CORONERS. 
 
 The same Fees shall be taxed and allowed to Coroners for 
 services rendei ud by them in the service, execution and re- 
 turn of process, as allowed to Sheriffs for the same services, 
 and above specified. 
 
 CRIER. 
 
 Calling every case, with or without Jury 50 
 
 Swearing each witness or constable 15 
 
 00 
 26 
 
 ALLOWANCE TO WITNESSES. 
 
 To Witnesses residing within tliree miles of the Court House, 
 per diem 1 
 
 To Witnesses residing over three miles from the Court House. 1 
 
 Barristers and Attorneys, Physicians and Surgeons, when called 
 upon to give evidence, in consequence of any professional 
 service rendered by them, or to give professional opinions, 
 per diem 4 00 
 
 Engineers and Surveyors, when called upon to give evidence of 
 any professional service rendered by them, or to give evi- 
 dence depending upon their skill or judgment, per diem 4 00 
 
 If the Witnesses attend in one cause only, they will be entitled 
 to the full allowance. If they attend in more than one case, 
 they will be entitled to a proportionate part in each cause 
 
 only. 
 
 The travelling expenses of Witnesses, over ten miles, shall be 
 allowed, according to the sums reasonably and actually paid, 
 but in no case shall exceed one shilling per mile, one way... 
 
 COMMISSIONER. 
 
 For taking every Affidavit 20 
 
 Taking every Recognizance of Bail 50 
 
 WM. B. RICHARDS, C. J. 
 JOHN H. HAGARTY, C. J. C. P. 
 JOS. C. MORRISON, J. 
 ADAM WILSON, J. 
 THOMAS GALT, J. 
 JAS. ROBT. GOWAN, Co. J. 
 
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