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NOTES ON THE SUBJECT OF COSTS.

Formerly no costs were recoverable either by plaintiff or defendant at common law : (2 Inst. 288.) But by the Statute of Gloucester, 6 Edw. 1, c. 1, s. 2, it was provided, that the demandant might recover against the tenant the costs of his writ purchased, together with the damages given by that statute, and that that act should hold place in all cases where a man recovered damages. Before then, however, the costs were taken into consideration in the quantum of damages awarded. Afterwards, the judges assessed a reasonable sum for costs, separate from the damages. Thereafter, costs were made payable under certain acts of Parliament, in certain cases. Later still, (as shown by “ The Attorney's Compleat Guide,” 1773), a certain amount of costs was allowed in particular cases.

The clause above referred to of the Statute of Gloucester was the origin of costs de incremento (or of increase). And hence the plaintiff had, generally speaking, a right to costs, in all cases where he was entitled to damages, antecedent to, or by the provision of that statute: (10 Co. 116 a.) The plaintiff had also a right to costs in all cases where a certain penalty is given by statute to the party grieved.

In the reign of Henry the 7th, a local statute of Worcester was passed, limiting the fees of attorneys to 4d. a day.

Attorneys' fees, or charges, are still, in some instances, in accordance with the values of our ancient coins, viz., a noble, 138. 4d.; balf-noble, or angel, 6s. 8d.; angelet, 3s. 4d.

In various subsequent statutes the payment of costs was provided for in certain cases, and in some instances to a limited extent, viz., 8 & 9 Will. 3, c. 11; 43 Eliz. c. 6; 21 Jac. 1, c. 16; 22 & 23 Car. 2, c. 9; 4 Anne, c. 16; 11 Geo. 2, c. 19. Various other statutes have also been passed having reference to the same subject.

By the stat. 3 Jac. 1, c. 7, s. 1, attorneys and solicitors were to deliver a signed bill to their clients, before bringing

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NOTES ON THE SUBJECT OF COSTS.

Formerly no costs were recoverable either by plaintiff or defendant at common law : (2 Inst. 288.) But by the Statute of Gloucester, 6 Edw. 1, c. 1, s. 2, it was provided, that the demandant might recover against the tenant the costs of his writ purchased, together with the damages given by that statute, and that that act should hold place in all cases where a man recovered damages. Before then, however, the costs were taken into consideration in the quantum of damages awarded. Afterwards, the judges assessed a reasonable sum for costs, separate from the damages. Thereafter, costs were made payable under certain acts of Parliament, in certain cases. Later still, (as shown by “ The Attorney's Compleat Guide,” 1773), a certain amount of costs was allowed in particular cases.

The clause above referred to of the Statute of Gloucester was the origin of costs de incremento (or of increase). And hence the plaintiff had, generally speaking, a right to costs, in all cases where he was entitled to damages, antecedent to, or by the provision of that statute: (10 Co. 116 a.) The plaintiff had also a right to costs in all cases where a certain penalty is given by statute to the party grieved.

In the reign of Henry the 7th, a local statute of Worcester was passed, limiting the fees of attorneys to 4d. a day.

Attorneys' fees, or charges, are still, in some in in accordance with the values of our ancient co noble, 138. 4d.; half-noble, or angel, 6s. 8d.; an

subsequent statutes the payment
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an action thereupon, and by stat. 2 Geo. 2, c. 23 (explained by 12 Geo. 2, c. 13), no attorney or solicitor should commence an action for his costs, till the expiration of one month after the delivery of his bill; which is directed to be written in a common legible band, in English, except law terms, and subscribed with the attorney's name, in his own handwriting

In equity, it would seem, that the matter of costs to either party was not held to be a point of right; but only discretionary, under the stat. 17 Rd. 2, c. 6, according to the circumstances of the case.

By 44 Geo. 3, c. 98, s. 14, it is enacted “that every person who shall, for or in expectation of any fee, gain, or reward, directly or indirectly draw or prepare any conveyance of, or deed relating to any real or personal estate, or any proceedings in law or equity, other than and except serjeantsat-law, barristers, solicitors, attorneys, notaries, proctors, agents, or procurators having obtained regular certificates, and special pleaders, draftsmen in equity, and conveyancers, being members of one of the four inns of court, and having taken out the certificates mentioned in the said schedule to this act, at the head office in London of the commissioners for managing the duties on stamped vellum, parchment, and paper, and other than and except persons solely employed to engross any deed, instrument, or other proceedings not drawn or prepared by themselves, and for their own account respectively, and other than and except public officers drawing or preparing official instruments applicable to their respective offices, and in the course of their duty, shall forfeit and pay for every such offence the sum of fifty pounds; provided always, that nothing herein contained shall extend, or be construed to extend, to prevent any person or persons drawing or preparing any will, or other testamentary papers, or any agreement not under seal, or any letter of attorney."

Costs may generally be considered as between attorney and client (being what is payable in every case to the attorney by his client, whether he succeed or not); or, as between party and party (being those costs only which are allowed in particular cases, to the party succeeding against his adversary.)

The 6 & 7 Vict. c. 73, consolidated and amended the laws relating to attorneys and solicitors. In a schedule thereto, reference is made to sixty-nine previous acts of Parliament, relating wholly or partially to attorneys and solicitors,

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