Common Law Procedure (Ireland) Act, 1821

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COMMON LAW PROCEDURE (IRELAND) ACT 1821

CHAPTER LIII.

An Act to regulate the Proceedings in the Civil Side of the Court of King's Bench, and also in the Court of Common Pleas, and in the Pleas or Common Law Side of the Court of Exchequer in Ireland. [15th June 1821.]

[Preamble.]

[Ss. 1–23 rep. 53 & 54 Vict. c. 33. (S.L.R.)]

Copies of pleadings, &c. shall be made in the respective offices of the courts, &c. under penalty of 20l.

24. It shall not be lawful for any officer of any of the said several courts [¹] to cause or direct or knowingly to permit any copy of any pleading, affidavit, order, judgment, or other thing belonging to their respective offices, or any part thereof, to be made in any other place or by any other person than in the proper office of such officer, and by a writing clerk employed by such officer in such office; and every such officer shall be responsible for the accuracy of every copy so made in his office, and for the same being duly compared with the original from which it shall be made; and every such officer who shall cause or direct or knowingly permit any copy to be made contrary to this Act, shall for every such offence forfeit the sum of twenty pounds.

In case of want of room in offices for copying clerks, chief judge may allow copies to be made out of office.

25. Provided always, that it at any time it shall be ascertained, by affidavit or otherwise, to the satisfaction of the chief judge of any of the said several courts, that any officer of such court hath not in his office sufficient room for the reasonable accommodation of himself, his deputy and assistants, and of a sufficient number of clerks to do and perform the business so required to be done in such office as aforesaid, then in every such case it shall and may be lawful to and for such chief judge to make an order declaring that the same has been so proved, and that it shall be lawful for such officer to cause and direct or permit any such copy, or any part thereof, to be made in any place whatsoever, and by any person whomsoever; and every such order shall be good and valid, and shall be a sufficient justification in all respects to any person acting in pursuance thereof, for one year from the date thereof, unless sooner rescinded; and such shall and may be renewed from time to time, until, by reason of new buildings or new arrangements or otherwise, sufficient room shall have been obtained for the purposes in that behalf aforesaid.

[Ss. 26, 27 rep. 36 & 37 Vict. c. 91. (S.L.R.)]

Suitors not compelled to take copies of records, unless they think requisite so to do.

28. No suitor in the said several courts nor any other person shall in any case be required to take out any copy of any record, pleading, affidavit, or other document or proceeding whatsoever, drawn, prepared, or filed, by, for, or on behalf of such suitor or such other person, unless such suitor or other person shall find it necessary or deem it proper to demand the same in any of the said courts.

Office sheets, except single or last sheets, shall contain 72 words.

29. In every copy or enrolment of any pleading, record, matter, or proceeding in any of the said several courts which shall issue or be given out of any such court, or any of the offices thereof, there shall, in each office sheet thereof, be seventy-two words and no more, save only and except when there shall be but one office sheet in such copy or enrolment; or if there shall be more than one, then save and except in the last sheet thereof; and in any of the said cases such single or last sheet may contain any number of words not exceeding seventy-two words.

Roll shall contain 720 words.

Fractional part, when to be deemed a roll and when a half roll.

30. Every roll shall consist of seven hundred and twenty words; and that there shall not in any enrolment be more than one fractional part of a roll, which fractional part shall be either the conclusion or the entire of such enrolment; and if such fractional part shall contain three hundred and sixty words or more, the same shall be deemed and taken to be a roll to all intents and purposes; and if the same shall not contain three hundred and sixty words, the same shall be deemed and taken to be a half roll.

[Ss. 31–35 rep. 36 & 37 Vict. c. 91. (S.L.R.); ss. 36, 37 rep. 53 & 54 Vict. c. 33. (S.L.R.); s. 38 rep. 36 & 37 Vict. c. 91. (S.L.R.). S. 37 provides for appointment of two taxing officers by the lord lieutenant.]

Attendance of such taxing-officers.

Power of summons and examination.

39. Every such taxing officer shall attend in his office on every day of the week, except Sunday, from eleven of the clock in the forenoon until four of the clock in the afternoon, for the taxation of such bills of costs of the description aforesaid as shall be brought to him for that purpose; and every such officer shall have full power to issue summonses to any persons to attend him, and shall, in default of attendance by the party or parties summoned, proceed ex parte on the first summons, the service thereof being duly proved before him, and no sufficient ground being laid before him for postponing such proceeding; and every such officer shall have power to take affidavits and to administer oaths or affirmations relating to such summonses and the service thereof and the attendance thereon, and also in all matters relating to the taxation of the bills of costs concerning which he shall think proper to require any such affidavit or examination.

Delivery of bill of costs, and service of summons to tax costs.

Accounts to be kept by taxing officers.

40. A copy of every bill of costs intended to be taxed shall bedelivered to the adverse party, three days at the least (Sundays excepted) before the issuing of any summons for taxing the same; and every summons to attend the taxation of such bill shall be served on the party required to attend at least twenty-four hours before the time fixed for attending; and the said taxing officers shall keep books, in which they shall enter an account of all bills of costs taxed by them, specifying therein the parties names, the date of taxation, the amount of the bill delivered, and the amount of costs allowed and certified on the taxation.

[S. 41 rep. 36 & 37 Vict. c. 91. (S.L.R.); ss. 42–46 rep. 53 & 54 Vict. c. 33. (S.L.R.)]

Oath of taxing officer.

47. Before any such taxing officer or any deputy or person so appointed to perform the business of a taxing officer shall do any act as such; he shall take the following oath before one of the judges of one of the said courts; that is to say, ‘I A.B. do swear, that I will diligently tax all bills of costs which shall be submitted to me for that purpose, and which I shall be empowered by law to tax; and that I will tax the same fairly, and without favour, partiality, or malice, and according to the rules and course required by law, to the best of my skill and knowledge. So help me GOD.’

Taxing officer shall ascertain actual payment to counsel, &c.

48. Before allowing any sum claimed in any bill of costs as a fee or payment to any counsel or to any officer of the said courts, the taxing officer shall require to see the documents necessary to ascertain that such counsel has been so employed and has received such fee, and that the fee or payment to such officer has been the right and proper fee, and has been paid where such document can conveniently be produced; and if it shall appear on the examination of any such bill of costs, or otherwise, that any one charge, either for counsel, attorney, officer, or stamp duty, hath been united in any such bill of costs with any other charge in one sum, then such united charges shall altogether be disallowed.

Taxing officer shall be bound to examine the propriety of all charges in bills of costs.

49. Upon all taxations of bills of costs, whether between party and party, or between attorney and client, it shall be the bounden duty of the taxing officer, whether he shall be required so to do or not, and whether any objection shall have been made or not, to take due care of the interest of the person or persons to be charged by such bill when taxed, and for that purpose to examine and ascertain by all reasonable methods that each and every charge in any bill of costs contained, whether such shall be a fee for counsel, solicitor, or officer of court, or stamp duty or any other disbursement whatsoever, is the proper charge which under the circumstances of the case ought to be made; and that upon all such taxations the taxing officer shall determine upon all charges made by any officer of any of the said courts, and allow any such as shall appear to him to have been made according to the true right of such officer respectively, and shall also determine whether any attendance or other business, matter, or thing, for which any charge shall be made in such bill of costs, actually took place or was actually performed, and whether the same was proper under the circumstances, and such as ought to be charged for in such bill of costs or not.

No charges for agency of officers of courts to be allowed.

50. No taxing officer shall on any taxation of any bill of costs whatsoever, whether as between attorney and client, or between party and party, allow any sum under the name of agency or otherwise howsoever, as paid to any officer or clerk of any of the said courts, or any sum whatever as paid to any such officer or clerk, save only for the price of stamps and paper, or for fees permitted by this Act.

[Ss. 51–57, 59, 60 rep. 36 & 37 Vict. c. 91. (S.L.R.); s. 58 rep. 53 & 54 Vict. c. 33. (S.L.R.); s. 61 rep. 37 & 38 Vict. c. 35. (S.L.R.)]

Courts may order sums not less than 20l. to be paid into the Bank, to the credit of any cause, &c., and to be drawn out by the chief officer of the court.

62. Whenever any of the said several courts shall deem it necessary or conducive to justice, that any sum of money, not being less than the sum of twenty pounds, should be brought in by any party or person, so as to be under the orders and disposition of the court, it shall and may be lawful for the said court to make an order that such money shall be lodged and deposited in the Bank of Ireland, to the credit of the proper cause or matter, in the name and with the privity of the chief officer of such court; and such money shall be lodged and deposited accordingly, and shall from time to time be drawn out or be transferred by such chief officer respectively, by and under the orders of the court, as such court shall deem fitting and just.

Officers shall proceed in accounts, inquiries, &c. peremptorily on the first summons.

63. On any account or inquiry or other matter whatsoever, which shall be referred to or shall be depending before any officer of any of the said several courts, or which such officer shall have authority or power to proceed in or to determine or report upon, and for, upon, or relative to which it shall be necessary or proper to summon any party or parties or person or persons whomsoever, such officer shall proceed peremptorily on the first summons which shall appear to him to have been duly served, and shall, at the time and place appointed in such summons, hear the parties, if they shall attend, and, if only one party shall attend, and the other party shall make default, and no sufficient excuse for such default shall be laid before such officer, he shall then proceed ex parte, in like manner as such officer would, according to the practice heretofore used, have proceeded upon a third or peremptory summons; and the proceedings, report, or decision of such officer upon such account, inquiry, or other matter whatsoever, shall be subject to the order, direction, and controul of the court in all respects as heretofore.

Regulations as to summonses.

64. Provided always, that every such summons shall be served on the party required to attend, three clear days at least (exclusive of Sundays) before the time fixed for the attendance, and that the precise object for which such summons is issued shall be stated in the same or at the foot thereof; and the taxing officers and the principal officers of the said courts shall and they are hereby required to keep books, and to enter therein in alphabetical order every summons which they shall issue, the hour appointed for attendance, and the object for which such summons is issued; and such books shall at all reasonable times during the attendance of such officers be open for inspection without fee or reward.

[Ss. 65–68 rep. 36 & 37 Vict. c. 91. (S.L.R.)]

Recovery and application of penalties imposed by this Act.

69. Any penalty imposed by this Act, amounting to jess than the sum of fifty pounds, shall and may be recovered in a summary way, on complaint or motion to the court to which the offence where such penalty shall be incurred shall relate; and it shall be lawful for such court, after receiving such evidence as they shall think proper, to make an order for the payment of such penalty; and any penalty imposed by this Act, which shall amount to and not exceed the sum of fifty pounds, shall and may be recovered by any party who will sue for the same, by civil bill before the chairman of the sessions at Kilmainham; and all penalties exceeding the sum of fifty pounds shall and may be recovered by any party who shall sue for the same, by action or information, in any of the three courts of common law aforesaid, and one moiety of all penalties imposed by this Act shall be to the use of his Majesty, and the other moiety thereof to the use of the person who shall sue for the same.

Penalty of perjury on persons swearing falsely under this Act.

70. If in any oath or affirmation required or authorized to be taken, or on any examination or inquiry on oath required or authorized to be made by this Act, any person shall swear or affirm falsely, such person shall, on conviction thereof, be adjudged guilty of wilful and corrupt perjury, and shall be punished accordingly.

[Ss. 71, 72 rep. 36 & 37 Vict. c.91. (S.L.R.); schedules rep. 53 & 54 Vict. c. 33. (S.L.R.)]

[¹ The civil side of the court of King's Bench, the court of Common Pleas, or the common law side of the court of Exchequer in Ireland.