1 6 8 0 18 4 Paid two Commissioners, attending Execution of Commission Solicitor's Attendance on Commis sion, and returning Commission Paid Carriage of Answer to London 0 5 0 Solicitor's Attendance on the Mes senger to procure him to be sworn at the public Office (a) Paid filing Answer Term Fee, Clerk, and Solicitor Letters and Messengers 0 1 0 068 034 0 16 8 060 010 HILARY TERM, 1824. Drawing and engrossing Petition for Mother, was improper 061 061 Paid Carriage to Town Solicitor's Attendance thereon Drawing and engrossing Appoint ment of Guardian and Parchment 6 8 8 Drawing Notice to dissolve Injunc tion, Copy, and Service (b) Abbreviating Pleadings, Bill, fol. 50, Answers fol. 13, 39=102 040 020 1 14 0 (a) Allowed, if attendance actually had, 068 MICHAELMAS TERM FOLLOWING. The Plaintiff having obtained an 22d, 24th, 26th, Three War 0 13 4 046 rants to tax Copies and Services 0 13 6 Attending taxing Clerk in Court, and Solicitor Oath of Service of Warrants Paid for Report of Costs Gave Master's Clerk Paid filing Report Attending to file and Office Copy Personal Service in conditional the Country Term Fee, Clerk, and Solicitor PRACTICAL DIRECTIONS AND REMARKS. A Plaintiff in any Stage of the Suit previous to the Decree, may as of course apply to dismiss his Bill upon Payment of Costs (a); where a Cause was at issue, and in the Paper for Hearing, Sir William Grant after great Consideration, allowed a Plaintiff to dismiss his Bill with Costs (b); and even after an Issue has been directed, but not after a Decree (c). By a legislative Provision, upon the Plaintiff's dismissing his own Bill, or the Defendant dismissing the same for want of Prosecution, the Plaintiff in such Suit, shall pay to the Defendant full Costs to be taxed by a Master (d); where some of several Plaintiffs have wished to dismiss the Bill as against themselves with Costs, it has been allowed on Terms, and without Notice to, or consent of the Co-Plaintiffs (e); if a Plaintiff has been released for the Purpose of being examined as a Witness for a Co-Plaintiff, his Name has upon Motion been allowed to be struck out of the Bill upon Payment of Costs, or Security given for the Costs to that Stage of the Suit (f): as the Plaintiff is answerable for the Costs of a Bill filed in his Name (g), (a) 1 Ves. j. 402. (6) Locke v. Nash 31 May, 1816, MS. 2 Madd. Ch. 389. Dick. 280. (c) 1 Ch. Ca. 40. 3 Atk. 558. Dick. 280. 50. (d) 4 Ann. c. 16. s. 23. (f) 6 Ves. 145. (g) 1 Cox. 196. 2 Cox. 235. his Solicitor has been compelled to pay the Costs of Dismission, where the Bill was filed without his Consent, or without a special Authority for instituting the Suit (a); in one Instance, where the Defendant by his own Act, rendered the Suit useless, a Plaintiff was allowed to dismiss his Bill without Costs (b); but in general Practice, the Plaintiff is not allowed to dismiss his Bill, or strike his Name out of the Bill, but upon Costs paid or secured to be paid, unless consented to by the Defendant (c): a written Agreement between the Parties to dismiss the Bill without Costs, is not a sufficient Ground to make an Order, an express Consent is required, but it may be sufficient to authorize the Court to make an Order to dismiss, unless Cause be shewn (d); Lord Redesdale was of opinion that a Bill could not be dismissed by mere Agreement of the Parties, that the Suit shall cease; but that some Step in Court must be taken for that Purpose, either to dismiss, or stay Proceedings (e). As against a Pauper Defendant; it has been held that Pauper Costs only are allowed on Taxation (ƒ); but Lord Eldon seems to hold that the Costs are in the Discretion of the Court (g). After a Decree, a Bill cannot be dismissed by Consent, it can be dismissed only upon re-Hearing or Appeal (h); where a decretal Order has merely directed Enquiries to determine the Court what is to be done, the Parties have been allowed on Motion, by Consent, to have such an Order as would be made on further Directions, and to dismiss the Bill with Costs (i). After Answer, the Plaintiff may proceed to a Hearing by replying to the Answer, and serving a Subpoena to rejoin, (a) 3 Meri. 12. (b) 1 Cox. 359. (c) 1 Ves. j. 140. (d) 1 Cox 27. (e) 2 Ja. and Wa. 345. (f) 2 Cox. 410. (g) 16 Ves. 232. Beam. Costs. 123. (h) 11 Ves. 602. 1 Ch. Ca. 40. 3 Atk. 558. (i) 11 Ves. 160. |