Search -
A Treatise on the Law of Costs in Actions
A Treatise on the Law of Costs in Actions Author:John Gray General Books publication date: 2009 Original publication date: 1853 Original Publisher: E. Lumley Subjects: Costs (Law) Cost Notes: This is a black and white OCR reprint of the original. It has no illustrations and there may be typos or missing text. When you buy the General Books edition of this book you get free trial access to Millio... more »n-Books.com where you can select from more than a million books for free. Excerpt: Common Law Procedure Act (a), or otherwise, some difficulty may occur under the last-mentioned Act in determining in some cases whether the plaintiff is entitled to or requires a certificate to entitle him to costs, in consequence of the provision allowing the joinder of different causes of action in one writ. It is evident that without some provision to mect the contingency, questions may arise as to whether a plaintiff has recovered his damages under such circumstances as to entitle him to costs without a certificate. CHAPTER X. Of The Limitation Of Costs (continued). STAYING PROCEEDINGS WITHOUT COSTS IN ACTIONS FOB DEBTS UNDER FORTY SHILLINGS. Independently of the statutes already noticed, depriving parties of costs where the damages recovered are under 40s., the superior Courts at Westminster have always interfered, on the application of the defendant, in actions for debts under 40t., and stayed the proceedings without payment of costs. The rule is thus laid down in Tidd's Practice (b) : " When the debt sued for appears on the face of the declaration (c), or is admitted by the plaintiff or his attorney (d), or proved by the affidavit of the defendant (e) to be under 40s., and the plaintiff may recover it in an inferior jurisdiction, the Court, on motion, will stay the proceedings, it being below their dignity to proceed in such action." It will be observed that, according to this rule, the practice is to stay the proceedings, not merely without costs, but without payment of the debt; but in the more recent cases on this subject, whe...« less