GENERAL RULES AS TO THE PAYMENT OF COMMON LAW FEES BY STAMPS. Michaelmas Vacation, 1865. WHEREAS by an Act passed in the Session of Parliament held in the 28th year of the reign of Her Majesty, cap. 45, entitled "An Act to provide for the collection by means of Stamps of Fees payable in the Superior Courts of Law at Westminster, and in the offices belonging thereto," it is provided by the third section thereof that the Commissioners of Her Majesty's Treasury, with the concurrence of the Lord Chief Justices and of the Lord Chief Baron, may from time to time make such rules as seem fit for regulating the use of the stamps under this Act, and particularly for prescribing the application thereof to documents from time to time in use or required to be used for the purposes of such stamps, and for ensuring the proper cancellation of adhesive stamps, and keeping account of such stamps; Now we, being two of the Lords Commissioners of Her Majesty's Treasury, with the concurrence of the Lord Chief Justices and of the Lord Chief Baron, do hereby order and direct that the following Rules be observed in respect to stamps used in the Superior Courts of Common Law, and in the several offices connected therewith; the Crown Office, Queen's Bench; the Office of Registration of Certificates, &c., of Acknowledgments of Deeds of Married Women, Court of Common Pleas; the Office of Registrar of Judgments, &c., Common Pleas, the Queen's Bench Remembrancer's Office, Court of Exchequer; and in the Judges' Chambers; to take effect on and after the 1st day of January, 1866. 1. The stamps to be used for collecting the fees payable in the several offices in the Courts of Common Law, at Westminster, and in the Judges' Chambers, by virtue of the above Act, shall, subject to the provisions of the seventh and eighth of these Rules, be stamped or affixed at the expense of the parties liable to pay such fees on or to the vellum, parchment, or paper on which the proceedings, in respect whereof such fees are payable, are written or printed, or which may be otherwise used in reference to such proceedings. 2. Where any of such fees are payable in respect of any matter or thing to be done by any officer or in any office of the said Courts, or at the Judges' Chambers, and it shall not have been customary to use any written or printed document or paper in reference to such matter or thing whereon the stamp could be stamped or affixed, the party or his attorney requiring such matter or thing to be done, or permitted to be done, shall make application for the same by a præcipe or short note in writing or print, and a stamp denoting the amount of the fee so payable shall be stamped or affixed to such præcipe or note. 3. All adhesive stamps affixed to any paper or document presented to or kept in the possession of any of the officers of the said Courts or of the clerks to the Judges, shall, before the act is done or permitted to be done, in respect of which the fee denoted by such stamp is payable, he effectually cancelled by some officer of the said Courts, or by one of the said clerks to the Judges, by obliterating the same by means of a hand-stamp and printing ink, shewing the date of the cancellation, and no such document shall be filed or delivered out until the stamp thereon shall have been cancelled or defaced in manner aforesaid. 4. That when any summons, order, or other document has been issued by mistake, and the stamp thereon has been cancelled without having been legitimately used, the Master, Associate, or other proper officer of the department to which the fee is payable, or the Judge's clerk, shall certify that such stamps are fit subjects for allowance, and it shall be competent to the Board of Inland Revenue, upon the presentation of such certificate, to allow the amount thereof. 5. That distributors of stamps, and all persons licensed to sell stamps in England and Wales, shall be permitted to sell the stamps above referred to, and that an office be provided in or attached to the Judges' Chambers for the sale of stamps. 6. The several officers of the said Courts and the clerks to the several Judges shall, on or before the 30th day of April in each year, adhesive stamps of the value required during the different stages, and it shall be the duty of the Associate, or of such one of his clerks as he shall direct to do it, to cancel such stamps in the manner hereinbefore provided, immediately after they are placed in such books. Chambers, Whitehall, this fifteenth day Given under our hands at the Treasury We do hereby signify our concurrence in the before-mentioned Rules and Regulations: 16th December, 1865. A. E. COCKBURN, Lord Chief Justice of the Court of Queen's Bench. W. ERLE, Lord Chief Baron of the Court of Exchequer. NEW SCALE OF FEES TO BE PAID BY STAMPS. The Commissioners of Her Majesty's Treasury, and the Right Honourable SIR FREDERICK, POLLOCK, Knight, Lord Chief Baron of Her Majesty's Court of Exchequer, and SIR GEORGE BRAMWELL, Knight, and SIR WILLIAM FRY CHANNELL, Knight, Barons of the said Court, do hereby in pursuance and execution of the powers in that behalf contained in the "Crown Suits, &c., Act, 1865," "The Common Law Courts (Fees) Act, 1865," and of every or any other power enabling them in this behalf, appoint and direct : 1. That the fees set forth in the Schedule A, hereinafter mentioned, shall be charged in proceedings in suits, commenced by English information in this Court, and such fees shall be collected not in money, but by means of stamps, denoting the amount of such fees. 2. Such stamps shall be stamped or affixed, at the expense of the parties liable to pay the fees, on or to the vellum, parchment, or paper on which the proceedings, in respect whereof such fees are payable, are written or printed, or which may be otherwise used in reference to such proceedings; and where any of such fees are payable in respect of any matter or thing to be done in the office of the Queen's Remembrancer, and it has not been customary to use in reference to such matter or thing any written or printed document or paper whereon the stamps could be stamped or affixed, the party, or his solicitor, requiring such matter or thing to be so done, shall make application for the same by a short note or memorandum in writing, and a stamp, denoting the amount of the fee so payable, shall be stamped on or affixed to such note or memorandum. 3. Every officer in the Queen's Remembrancer's Office who shall receive any document to which a stamp shall be affixed, pursuant to the provisions hereinbefore contained, shall, immediately upon the receipt of such document, cancel or deface the stamp thereon by obliterating the same by means of a stamp and printing ink, shewing the date of cancellation, and no such document shall be filed or delivered out until the stamp thereon shall have been cancelled or defaced in manner aforesaid. 4. Where stamps impressed upon adhesive paper are used, care should be taken so to select the stamps required to make up the amount to be affixed to any document, as that no greater number of stamps may be affixed thereto than is actually necessary. Upon every application to inspect affidavits and depositions, including the inspections than five folios 0 10 0 If more than five folios, 1s. per 030 folio extra. 5. These Rules shall come into operation on the 1st day of January, 1866. The Schedule A. above referred to. For every oath or declaration of a wit- 1865, section 21, shall be entitled to An Examiner especially appointed by If at a distance from his place of resi- For travelling expenses the amount £. 8. d. 0 10 0 330 Given under our hands at the Treasury Chambers, Whitehall, this eighteenth day of Ε. Η. ΚΝΑTCHBULL-HUGESSEN. W. P. ADAM. We, the undersigned, Lord Chief Baron, and two Barons of Her Majesty's Court of Exchequer, do hereby signify our concurrence in the before-mentioned Rules and Table of Fees, and do appoint such fees to be taken in conformity with the provisions of the aforesaid Act. FRED. POLLOCK, Lord Chief Baron of Her Majesty's Court of G. BRAMWELL, Exchequer. W. F. CHANNELL, & Barons of Her Majesty's Court of Exchequer. In pursuance of an Act passed in the session of Parliament held in the fifteenth and sixteenth years of the reign of Her Majesty, chapter 73, intituled "An Act to make provision for a permanent Establishment of Officers to perform the duties at Nisi Prius in the Superior Courts of Common Law, and for the payment of such Officers and the Judge's Clerks by salaries, and to abolish certain offices in those Courts," we, the undersigned, have caused the under-mentioned altered and amended Table of Fees to be prepared specifying the fees proper to be demanded and taken by the Associates in the Superior Courts of Common Law; namely: On re-entering and receiving the record of any cause which has been with drawn or struck out 100 On receiving a writ of subpœna to attend any Court 100 ... All other fees than those before mentioned are hereby abolished, and are not to be taken by any person in the Associates' Offices under any pretence whatever. A. E. COCKBURN, Lord Chief Justice of the Court of Queen's Bench. FRED. POLLOCK, Lord Chief Baron of the Court of Exchequer. G. BRAMWELL, Baron of the Court of Exchequer. COLIN BLACKBURN, Justice of the Court of Queen's Bench. |