No. 2.- Defendant's Costs on Rule for Non-pros. ооо 00 о O ∞+00+00 2 4 2 634N M N N N O 4 о 2 O 2 O 12 Stamp duty Parchment Attendance with writ 603 + 4 No. 4.-Costs of Trial at Nisi Prius and Judgment on Postea.. Letter for payment Instructions to proceed Writ of summons and plaint Stamp duty and parchment Copy for service Service (if in Dublin) Instructions to counsel to settle plaint, 18. per folio, say 10 folios Fee to counsel Attending counsel with briefs Fee on subpoena ad testificandum Four copies for service Paid services and viaticum Attendance on record (if in Dublin). Fee on marking judgment Certificate of parties names Signing and parchment Stamp duty and parchment Drawing bills of costs, at 18. per page Service of costs Requisition to tax (under £50). Attendance to lodge. Attending to tax Summons, &c. Stamp duty N.B.-The taxing officer shall be at liberty to allow for a third counsel in special cases where the number of witnesses, or other special circumstances render it advisable; also to allow a fee for settling a defence demurrer, and other pleadings, and abstract of issues for Nisi Prius, when necessary. THE COMMON LAW PROCEDURE AMENDMENT ACT (IRELAND), 1856. 19 & 20 VICT. CAP. 102. An Act to further amend the Procedure in and to enlarge the ВЕ E it enacted by the Queen's most Excellent Majesty, by and with the advice and consent of the Lords Spiritual and Temporal, and Commons, in this present parliament assembled, and by the authority of the same as follows: 1. This Act may be cited for all purposes as the "Common Short title. Law Procedure Amendment Act (Ireland), 1856." 2. This Act and "The Common Law Procedure Amendment Act (Ireland), 1853," shall be incorporated and construed together as one Act. 16 & 17 Vict. c. 113, incorporated. c. 7, and so much of section 103 of 17 & 18 3. The Act of the eighteenth and nineteenth Victoria, 18 & 19 Vict. chapter seven, and so much of section one hundred and three of "The Common Law Procedure Act, 1854," as provides that the enactments in the said section enumerated shall apply and extend to every Court of civil judicature in Ireland, are hereby repealed; provided that such repeal shall not affect anything duly done or any liability accruing before the commencement of this Act, or any penalty, forfeiture, or Vict. c. 125, as relates to pealed. Ireland, re Court or by consent of parties, try questions of fact. 17 & 18 Vict. c. 125, s. 1. Trial by a Two Judges may sit at the same time for trial of causes pending in the same Court. 17 & other punishment incurred or to be incurred in respect of any offence committed before the commencement of this Act, or anything required to be done or which may hereafter become necessary to be done to support or continue any proceeding taken before the commencement of this Act. 4. The parties to any cause may, by consent in writing, signed by them or their attorneys, as the case may be, leave the decision of any issue of fact to the Court, provided that the Court, or a Judge, shall, in their or his discretion, think fit to allow such trial, or provided the Judges of the Superior Courts of Law at Dublin shall, in pursuance of the power in "The Common Law Procedure Amendment Act (Ireland), 1853," contained, make any general rule or order dispensing with such allowance, either in all cases or any particular class or classes of cases to be defined in such rule or order; and such issue of fact may thereupon be tried and determined, and damages assessed where necessary, in open Court, either in term or vacation, by any Judge who might otherwise have presided at the trial thereof by jury, either with or without the assistance of any other Judge or Judges of the same Court, or included in the same commission at the Assizes; and the verdict of such Judge or Judges shall be of the same effect as the verdict of a jury, save that it shall not be questioned upon the ground of being against the weight of evidence; and the proceedings upon and after such trial, as to the power of the Court or Judge, the evidence, and otherwise, shall be the same as in the case of trial by jury (a). (a) The power given by this section to the parties to leave the decision of an issue of fact to the Judge in place of to a jury, has been rarely acted upon. Where a cause was tried at the assizes before a Judge without a jury, but there was no consent in writing and no rule drawn up, the Court refused to set aside the verdict (Andrews v. Elliott, 5 El. & Bl. 502). In the same case it was held, that a Commissioner of assize is a Judge within the meaning of the section. 5. It shall be lawful for any one of the Judges of any of the superior Courts at Dublin, at the request of the Lord Chief Justice, the Chief Justice of the Common Pleas, or Lord Chief Baron, to try the causes entered for trial at Nisi Prius in Dublin in any of the Courts, on the same days on which |