THE LAW JOURNAL REPORTS FOR THE YEAR 1869 COMPRISING REPORTS OF CASES In the House of Lords, In the Privy Council, IN THE COURTS OF Chancery and Appeal in Bankruptcy, IN THE COURTS OF Queen's Bench and the Bail Court, Common Pleas, IN THE COURT FOR Crown Cases Reserved, In the High Court of Admiralty, the Court of Probate, FROM MICHAELMAS TERM, 1868, TO TRINITY TERM, 1869, The House of Lords Cases are included in the Chancery and Common Law Volumes respectively; THESE CASES (EQUITY AND COMMON LAW) FORM PARTS I. AND II. OF THE REPORTS. THE CASES RELATING TO THE POOR LAWS, THE CRIMINAL LAW AND OTHER SUBJECTS CHIefly THE PRIVY COUNCIL CASES, THE PROBATE COURT AND THE DIVORCE AND AND FORM PARTS IV., V., VI. AND VII. OF THE REPORTS. THE LAW JOURNAL REPORTS ARE EDITED BY MONTAGU CHAMBERS, ESQ. ONE OF HER MAJESTY'S COUNSEL, AND FREDERICK HOARE COLT, ESQ. BARRISTERS-AT-LAW. VOL. XLVII. NEW SERIES-VOL. XXXVIII. LONDON: Printed by James Holmes, 4, Took's Court, Chancery Lane. PUBLISHED BY EDWARD BRET INCE, 5, QUALITY COURT, CHANCERY LANE. MDCCCLXIX. RULES AND FEES UNDER THE JUDGMENTS EXTENSION ACT, Michaelmas Term, 1868. THE following are the Rules and Scale of Fees under the Judgments Extension Act, 1868, 31 & 32 Vict. c. 54: Whereas it is provided by the Judgments Extension Act, 1868, that it shall be lawful for the Judges of the Courts of Queen's Bench, Common Pleas, and Exchequer at Westminster, or any eight or more of them, of whom the Chiefs of the said Courts shall be three, from time to time to make all such General Rules and Orders to regulate the practice to be observed in the execution of the said Act, or in any matter relating thereto, including the Scale of Fees to be charged in the Courts of Common Law, as they may deem to be necessary and proper. It is therefore ordered that the following Rules, Orders, and Scale of Fees shall be in force, that is to say: 1. The register for Irish judgments to be kept by the senior Master, under section 1. of the said Act, shall be arranged in alphabetical order in the surname of the defendant, where a judgment shall be registered under Form 1. in the Schedule of the Act, or in the surname of the plaintiff where registered under Form 2. in the said Schedule. And the said Master shall enter on the said register all the further particulars relating to the judgment contained in the certificate presented for registration. 2. The register for Scotch decreets, to be kept by the said Master under section 3. of the said Act, shall, as to defender or pursuer, be arranged in like manner, and contain the like particulars as provided by the preceding rule relating to the register for Irish judgments. 3. When an attorney, law agent, or creditor shall present for registration to the said Master a certificate of an Irish judgment or Scotch decreet, a copy thereof shall also be produced, certified by the attorney, law agent, or creditor to be a true copy of the original certificate, and the said Master shall thereupon stamp such certified copy with his office stamp. 4. Upon the production of such copy certificate of an Irish judgment or Scotch decreet, an original of which shall have been filed with NEW SERIES, 38.-Com. Law Orders. the said Master, the proper officer shall issue execution or other process as though such judgment or decreet had been duly obtained and entered up as an English judgment in the Court of Common Pleas, at Westminster, the form of the writ of execution being varied accordingly: The writ of execution may be thus varied: -instead of "which the said lately in our Court of Queen's Bench at Westminster recovered, &c.," insert “which the said lately in our Court of [Queen's Bench at Dublin] recovered, &c., and which judgment has been duly registered in our Court of Common Pleas at Westminster pursuant to the Judgments Extension Act, 1868." 5. An affidavit of the attorney applying for a certificate of a judgment in the English Courts, of his information and belief as to the title, trade, or profession, and the last known or usual place of abode of the plaintiff or defendant, as the case may be, shall be sufficient to justify the officer in inserting the particulars so sworn to in his certificate. 6. The fees to be taken for issuing execution or other process on an Irish judgment or Scotch decreet that shall have been registered under this Act, shall be the same as in the case of an English judgment. 7. The fees hereinafter mentioned shall be collected, not in money, but by means of stamps denoting the amount of such fees. Α |