Court of Claims Act 1833 No 10a (NSW)
No. IX.
An Act for appointing and empowering Com missioners to hear and determine upon Claims to Grants of Lands under the Great Seal of the Colony of New South Wales. [28th August, 1833.]
WH E R E A S m a n y persons have heretofore obtained the possession of lands in th is Colony by t h e license and au tho r i t y of t h e several Governors thereof unde r promise of g r an t s to be to t h e m duly m a d e by the said Governors and upon t h e faith thereof la rge sums of
money have been expended in improv ing a n d bu i ld ing upon t h e said l ands b u t in m a n y cases such g ran t s have been unavoidably delayed a n d have not been made as aforesaid a n d the said lands and premises have come in to t he possession of o ther persons c la iming to have a n d hold t he same as the i r j u s t and lawful r igh t obtained by t h r o u g h or unde r t he persons who original ly obta ined possession thereof as aforesaid A n d in m a n y cases by reason of t h e dea th incapaci ty or absence of t he said last ment ioned persons and from other cir cumstances i t h a t h become impossible to produce such legal t i t les as would be necessary to enable t h e Supreme Cour t of th i s Colony to t a k e cognizance of and de te rmine the reon a n d i t is expedient a n d necessary t h a t a remedy should be provided in such cases a n d t h a t such g ran t s should be made and delivered to and in the n a m e of those persons who have now t h e j u s t and lawful r i gh t the re to obta ined as aforesaid Now therefore be i t enacted by H i s Excel lency t h e Governor of N e w South W a l e s wi th t he advice of t he Legis la t ive Counci l thereof Tha t it shal l and m a y be lawful for t h e Governor of th i s Colony a t any t ime du r ing the space of two years from t h e pass ing of th i s Ac t to issue one or more Commission or Commissions unde r t h e Great Seal of th is Colony as t h e same may become necessary a n d thereby to nomina te and appoint th ree or more persons to be " Com- " missioners for hearing and determining upon Claims to Grants of " Lands within the Colony of New South Wales " and one of t h e said persons shall be appoin ted by t h e Governor to be Pres iden t of t h e said Commission and t h e said Commissioners or any two of t h e m of w h o m t h e Pres ident shall be one shall have full power and au tho r i t y
to hear and determine upon all applicat ions for g ran t s u n d e r t h e Grea t
Seal of th i s Colony t h a t shal l or m a y be made to t h e m under a n d b y v i r tue of t h e provisions of th i s Act by or on behalf of persons ho ld ing or c la iming to hold lands and premises b y t h r o u g h or u n d e r o the r persons who have originally obtained t h e possession thereof by t h e le t t e r of possession license or au thor i ty of any Governor of th i s
Colony
| Colony u n d e r promise of g ran t s to be t o | t h e m | duly m a d e | as in | t h e |
p r eamble to th i s A c t is ment ioned A n d t h e said Commissioners shal l and m a y receive for the i r own use t h e s u m of six pounds for each a n d every final repor t m a d e by t h e m as hereinaf ter ment ioned which s u m it shal l and m a y be lawful for H i s Excel lency t h e Governor to order and direct by w a r r a n t unde r his h a n d to be pa id to t he said Commissioners from and out of t he Pub l i c Treasury of th i s Colony and t h e same shall be t h e whole r emunera t ion of t h e said Commissioners and every of t h e m for any t h i n g done by t h e m under and by v i r tue of th i s Ac t and no o ther fees salary or r emunera t ion shall be paid to received or t aken by such Commissioners or any of t h e m for performing the duties of the i r said office A n d each of t h e said Commissioners shal l before proceeding to act as such t a k e a n d subscribe before one of t he J u d g e s of t he Supreme Cour t t he oa th set for th in t h e Schedule he reun to annexed m a r k e d A a n d t h e Colonial Secretary shall cause t h e said oaths so subscribed to b e recorded in his office.
2. A n d be it fur ther enacted Tha t some fit a n d proper person shall from t ime to t ime as t h e same m a y become necessary be appoin ted by t h e said Governor to perform the duties of Secretary to t h e said Commissioners a n d such Secretary shal l a n d m a y receive for h is services a year ly salary of one h u n d r e d and fifty pounds to be paid to h i m out of t h e Pub l i c Treasury of th i s Colony and no o ther r emu ne ra t ion shal l be paid to received or t a k e n b y such Secretary for per forming the dut ies of h is said office and t h e said Secretary shal l before exerc is ing any of t h e duties of his office t ake and subscribe before one of t h e J u d g e s of t h e Supreme Cour t t h e oa th set for th in t he Schedule he r eun to annexed m a r k e d B a n d t h e Colonial Secretary shall cause t h e said oa th so subscribed to be recorded in his office.
3 . A n d be i t enacted T h a t t h e r e shal l be pa id to t h e Secre
t a r y of the said Commissioners by any person m a k i n g appl icat ion to t h e said Commissioners for a g ran t t o be m a d e unde r a n d by v i r tue of t h e provisions of th is Ac t and by any person m a k i n g opposit ion there to as hereinafter ment ioned the several fees specified in t h e Schedule h e r e u n t o annexed marked C and t h e said Secretary shal l duly account for all fees so paid to h i m as aforesaid and shall pay t h e same in to t h e h a n d s of t he Colonial Treasurer on t he las t day of every m o n t h to be appropr ia ted to t h e publ ic uses of t h e said Colony and in suppor t of t h e Gove rnmen t thereof Provided always and be it enacted Tha t i t shal l a n d m a y be lawful for t he said Commissioners or any two of
t h e m of w h o m t h e Pres ident shall be one to admi t any poor person to
m a k e appl icat ion or opposition as aforesaid w i thou t t h e p a y m e n t of
any fees if it shall appear to t h e said Commissioners t h a t such person
is poor and not in a condit ion to pay t h e same.
4. A n d be i t fur ther enacted Tha t from and after t h e pass ing
of th i s Ac t i t shal l and m a y be lawful for t h e Governor of th i s Colony to notify and requ i re by P roc lama t ion all persons hold ing or c la iming to hold lands as in t h e p reamble of th i s A c t is ment ioned whereof g ran t s have been promised as aforesaid and c la iming to have such g ran t s made and delivered to t h e m to present the i r c laims the re to before t he said Commissioners who shall have been so as aforesaid appoin ted by v i r t ue of th i s A c t w i th in six m o n t h s nex t after t h e da te of such Proc lamat ion a t such place or places as m a y be in t h e said P roc lamat ion specified to t h e end t h a t such claims m a y be hea rd and determined of which Proc lamat ion a p r in t ed copy shal l immediate ly after t h e i ssu ing thereof be t r ansmi t t ed to every Jus t i ce of t h e Peace and Police Mag i s t r a t e who are hereby requi red and enjoined to publ ish or cause t h e same to be publ i shed in t h e mos t publ ic places nearest to the i r residences or places of business respectively.
5. A n d be i t fur ther enacted T h a t i t shal l a n d m a y be lawful t o and for all persons ho ld ing or c la iming to hold lands and to have g ran t s thereof as aforesaid to presen t the i r appl icat ions for t h e same to t h e said Commissioners w i th in t h e t i m e hereinbefore l imited for such purpose and every such appl ica t ion shall be m a d e by a memor ia l to be signed by the pa r ty p resen t ing t h e same and filed w i t h t he said Commissioners by del ivering t h e same to the i r Secretary and every such memor ia l shal l set for th a t r u e descript ion of t h e p a r t y c la iming and of t h e l ands claimed a n d a t r u e s t a t emen t of all t h e c i rcumstances u n d e r which such claim is m a d e and the re shall also be annexed the re to a list of t h e names a n d places of abode of al l witnesses by whose evidence a n d of all documents vouchers a n d other evidences on which t h e y severally found the i r said claims A n d t h e said Com missioners or any two of t h e m of w h o m t h e Pres ident shal l be one shal l proceed to hear de te rmine and repor t the reon in m a n n e r herein
after ment ioned .
6. Prov ided a lways and be i t fu r ther enacted T h a t in al l
cases where in lands are held from t h e Crown by v i r tue of a t i t l e of possession or other l icense or au tho r i t y from any of t h e Governors of t h e said Colony which le t t e r of possession or o ther au thor i ty shal l
have been given to t h e person ac tua l ly occupying t h e said l ands or t o h i s or he r agent and t h a t the re shal l be no o ther person c la iming t o have a g r a n t of such lands unde r t h e Grea t Seal of t h e Colony t h e n a n d in every such case t h e person so ho ld ing such lands m a y and shal l apply to t h e Governor for a g r a n t unde r t h e Great Seal of t h e Colony in such m a n n e r as was accus tomed before t h e pass ing of th i s A c t and shal l n o t be obliged to present a memor ia l to t he Commissioners appoin ted unde r th i s Ac t unless he shal l be required by t h e Governor so to do.
7. A n d be it fur ther enacted T h a t in hear ing and de te rmin ing
u p o n all claims to g ran t s as aforesaid t h e said Commissioners shall be guided by t h e real jus t ice and good conscience of t h e case w i thou t regard to legal forms and solemnities and shall direct themselves by t h e best evidence t h a t t hey can procure or t h a t is laid before t h e m whe the r t h e same be such evidence as t h e law would requ i re in o ther cases or no t and in case t h e y or any two of t h e m shall be satisfied t h a t t h e person or persons so ho ld ing or c la iming to hold t h e said lands or any pa r t thereof as aforesaid is or are ent i t led in equi ty a n d good conscience to hold t h e said lands a n d to have a g ran t thereof m a d e and delivered to such person or persons unde r t h e Great Seal of
t h e said Colony they t h e said Commissioners shall repor t t h e same to t h e Governor accordingly and shal l set forth t h e s i tuat ion measu remen t and boundar ies by which t h e said l ands shal l be described in every such g r a n t Provided however t h a t n o t h i n g herein contained shal l be
he ld to oblige t h e Governor to m a k e and deliver any such g r a n t as aforesaid unless H i s Exce l lency shal l deem proper so to do. 8. A n d be i t fur ther enacted Tha t t h e meet ings of t h e said Commissioners shal l be holden at such place as t he said Governor shal l from t ime to t i m e appoin t and a t such t imes as t h e said Commis sioners shal l find convenient and necessary for t he despatch of business and t h a t t h e de te rmina t ions of t he said Commissioners shal l be pro nounced a n d declared w i t h open doors.
9. A n d be it fur ther enacted T h a t i t shal l a n d m a y be lawful
for t h e said Commissioners to issue summonses r equ i r ing al l such persons as shal l t he re in be named to appear before t h e said Commis sioners a t a day and t ime to be the re in appoin ted to give evidence as t o al l m a t t e r s and th ings k n o w n to a n y such person respec t ing any claim as aforesaid and to p roduce in evidence all deeds i n s t rumen t s or wr i t i ngs in t he possession or control of any such persons which they
m i g h t
m i g h t by l aw be requi red and compelled to give evidence of or to p ro duce in evidence in any cause respect ing t h e l ike m a t t e r s depend ing in t h e Supreme Cour t of th i s Colony in so far as t h e evidence of such persons a n d the p roduc t ion of such deeds i n s t r u m e n t s and wr i t ings
| sha l l be necessary for t h e due inves t igat ion of a n y such | claim as |
aforesaid depending before t he said Commissioners a n d t h a t all such evidence shall be t aken down in wr i t ing in presence of t h e witnesses respect ively giving t h e same and shal l at t h e t i m e be signed by t h e m or in case of the i r refusing or be ing unab le to sign by t h e Secretary to t h e said Commissioners and t h a t all such evidence shal l be given on oa th which oa th it shall and may be lawful for t h e said Commiss ioners to adminis ter to every person appear ing before t h e m to give evidence and that any person t a k i n g a false oath in any case where in an oa th is requi red to be t aken by this Act shall be deemed gui l ty of wilful and cor rupt per jury a n d being thereof duly convicted shal l be liable to such pa ins and penal t ies as by any laws now in force any persons convicted of wilful and cor rup t per jury are subject and liable to.
10. And be it further enacted That whenever any person who
being duly summoned to give evidence before the said Commissioners as aforesaid his or her reasonable expenses having been paid or ten dered and not having any lawful impediment allowed by the said Commissioners shall fail to appear at the time and place specified in such summons or after appearing shall refuse to be sworn or to answer any lawful question or to produce any deed instrument or writing which he or she may lawfully be required to produce or without leave obtained from the said Commissioners shall wilfully withdraw from further examination then and in every such case the said Commissioners shall cause such default or refusal or wilful withdrawing to be certified in writing and thereupon it shall and may be lawful for the person at whose instance or on whose behalf such summons as aforesaid was issued to take out the process of the Supreme Court for summoning such last mentioned person to appear before the said Court at the time therein specified summarily to shew cause why he or she should not be attached fined or imprisoned for such default refusal or wilful withdrawing as aforesaid and if such person having such last mentioned summons duly seived upon him or her shall at the time therein specified fail to shew cause for his or her said default refusal or withdrawing to the satisfaction of such Court it shall and may be lawful for such Court on proof by the return of the officers serving the same or by affidavit of the due service of the said
summons to give evidence and of the said summons to shew cause and
on production of a copy of the said certificate under the hand of the
Secretary of the said Commissioners to grant a warrant to apprehend
the person so failing to shew cause and to commit him or her to prison there to remain without bail until he or she shall submit to be Sworn and to answer all such questions and to produce all such deeds instruments or writings as aforesaid in so far as shall lawfully be required of him or her and further to sot such fine upon such person as the Court shall think meet and unless the same shall be forthwith paid to grant process for levying the amount thereof upon the property of such person and every such fine or the amount thereof which shall be levied shall forthwith be paid to the Chief Clerk of the said Court and the said Chief Clerk shall forthwith out of the amount of such fine pay to the person at whose instance the sentence imposing the fine was obtained the expenses incurred in summoning the person fined and in obtaining such sentence as taxed by the said Chief Clerk and shall account for and pay over the residue of such fine in like manner as he is by law required and directed to account for and pay over fees or fines received by him as Chief Clerk of such Court.
1 1 . A n d be it fur ther enacted T h a t when after considerat ion of
any such memor ia l as aforesaid and of t h e documents and s t a t emen t s annexed there to t h e claim the re in m a d e shall appear to t h e said Com missioners to be unfounded and incapable of be ing established by t h e evidence proposed to be adduced in suppor t thereof such claim shal l for thwi th wi thou t fur ther proceeding the reon be rejected by the said
Commissioners a n d t h e documents annexed to t he memor ia l r e tu rned
to t h e memoria l is t . 12. A n d be it fu r ther enacted Tha t w h e n any c la im or claims arc filed wi th t h e said Commissioners which shall appear to t h e m to be well founded and capable of be ing establ ished by t h e evidence proposed to be adduced in suppor t thereof t hey shal l cause publ ic not ice to be given by a t least t h ree adver t i sements in t h e space of two m o n t h s in t h e Government Gazette t h a t such claim or claims h a s or
have been filed w i t h a descript ion of t h e l and or lands claimed a n d t h e township par i sh r epu ted pa r i sh or place in which t h e same are s i tua ted and r equ i r ing all and every person or persons h a v i n g any pre tensions to t he l ands so advert ised to present the i r claims or pre tensions the re to w i t h i n t h e period of t h r ee m o n t h s from t h e da te of such not ice and t h a t in default thereof all claims and pre tensions to such l and or lands will be ba r red and ex t inguished except t h e claims and pre tens ions t h e n filed and if w i th in t h r ee m o n t h s after t h e da te of such not ice no o ther claim or pre tens ion is filed before t h e said Commissioners in opposit ion to t h e c la im so as aforesaid notified t h e same shall by t h e said Commissioners on receiving satisfactory proof of t h e possession a n d occupat ion of such l and or l ands so claimed as by th i s A c t is provided be adjudged to be good and valid to all i n t en t s and purposes a n d t h e l and or l ands so as aforesaid claimed shal l be he ld and considered t h e p rope r ty of such c la imant or c la imants Prov ided always Tha t t h e expense of such notification as aforesaid shal l be pa id in advance or a s u m be deposited w i t h t h e Secretary of t h e said Commissioners sufficient to defray t h e probable expense of such notification in t h e said Gazette a n d in case any opposit ion to such c la im or claims shal l be filed t h e said Commissioners shal l as speedily as c i rcumstances wil l pe rmi t receive and record all such wr i t t en a n d verbal evidence as t h e par t ies are able to produce in suppor t of the i r respective claims and shal l decide and repor t in favour of t h e p a r t y whose claim or claims shal l be found best suppor ted b y t h e evidence adduced Provided always and be i t fu r ther enacted T h a t
t e n years peaceable and u n i n t e r r u p t e d possession and occupat ion of
any l and or lands in t h i s Colony b y any person or persons or any one
on his her or the i r behalf w i th and u n d e r a wr i t t en t i t le from t h e per
son or persons who original ly obta ined possession of t h e same by t h e
l icense a n d au tho r i t y of any Governor of th i s Colony under p romise of a g r a n t t o be thereof m a d e as aforesaid or from his he r or the i r
hei rs or assigns a l t hough t h e same m a y not have been m a d e a n d executed in due and legal form a n d a l t hough such possession m a y have been disputed w i t h o u t any act ion or suit hav ing been ac tua l ly ins t i tu ted a n d still pend ing to dispossess such possessor a n d occupier or t w e n t y years peaceable and u n i n t e r r u p t e d possession as aforesaid of such l a n d or l ands w i thou t any o ther t i t l e or t i t les whatsoever shall by t h e Commissioners who shal l be appointed in v i r t ue of th i s Ac t be t a k e n and considered as sufficient t o ent i t le al l a n d every t h e possessors a n d occupiers of such l and or lands as aforesaid respectively to have and receive a g r a n t thereof unde r t h e Grea t Seal of th i s Colony and to have hold possess and enjoy t h e said land or lands as owners a n d propr ie tors thereof a n y law usage or cus tom in anywise t o t h e
con t ra ry no twi ths t and ing .
13 . A n d be it fur ther enacted Tha t when any person c la iming
l and or lands or person opposing such claim or claims shal l he desirous of be ing hea rd either in person or by counsel or a t torney or agen t by t h e said Commissioners w i th respect to such claim or claims or oppo sit ion the re to t h e said Commissioners shall fix a day for hea r ing t h e same and on the day appointed such par t ies shal l be heard e i ther in person or by counsel or a t to rney or agen t by t h e said Commissioners provided t h a t t h e pa r ty app ly ing for such hear ing shall have previously given due not ice to the adverse pa r ty of t h e day and place w h e n they are to be heard as aforesaid Provided always and be i t fur ther enacted Tha t it shall be t he du ty of t h e said Commissioners to cause a Register to be kep t by their Secretary in t h e form of t he Schedule he reun to annexed marked D to which regis ter all and every person a n d persons shall a t all reasonable t imes have access w i thou t pay ing any fee or reward whatever which register shall so soon as t h e dut ies of t he said Commissioners in pur suance of th i s Act shall be t e rmina t ed be deposited in t he office of t h e Colonial Secretary.
1 1 . A n d be i t fur ther enacted Tha t all mor tgages and j u d g m e n t s
which would have bound the said lands or any p a r t of t h e m in case g ran t s thereof had been given unde r t h e Grea t Seal of t h e Colony before such mor tgages or j u d g m e n t s were m a d e or given shall have t h e same force and effect wi th respect to such lands after g ran t s thereof shall have been m a d e and delivered in pursuance of t h e pro visions of th i s Act as if t he same h a d been made and delivered previous to t h e dates of such mor tgages or j u d g m e n t s as aforesaid any
| law | to | t h e con t ra ry in anywise | no twi ths tand ing . |
15. A n d be it further enacted T h a t du r ing the cont inuance of
| th i s Ac t t he said Commissioners in t h e | first | week | of J a n u a r y | Apr i l |
| J u l y and October in every year shall m a k e a repor t to t he | Governor |
conta in ing an abs t rac t of the i r proceedings du r ing the foregoing qua r t e r t he names of t he persons who shal l have made; claims t h e s i tua t ion a n d ex ten t of t h e lands claimed and t h e names of t h e persons in whose favour they shall have repor ted wi th wha t other r emarks
| they m a y | t h i n k | proper . |
16. A n d be i t fur ther enacted Tha t t h e powers given to t h e
Commissioners who shall be named in v i r tue of th i s A c t shall a t t he
exp i ra t ion of two years after t h e date of t he i r nomina t ion and appoint
| m e n t whol ly cease and | determine . |
17. A n d be i t fur ther enacted by t h e au thor i ty aforesaid Tha t
| no th ing | in | th i s | Ac t | contained | shall be cons t rued in a n y | m a n n e r | or |
way to affect t h e r igh t s of H i s Majesty H i s He i r s and Successors or of any person or persons such only excepted as are ment ioned
| in th i s | Act . |
18. A n d be it fur ther enacted T h a t th i s Ac t shall be deemed
and considered as a publ ic Ac t and as such shall judic ia l ly be t a k e n notice of by all J u d g e s and others whom it may concern wi thou t being specially pleaded.
3 L S C H E D U L E S
S C H E D U L E S R E F E R R E D TO. A .
C O M M I S S I O N E R ' S O A T H .
I do s o l e m n l y s w e a r t h a t f a i t h f u l l y d i l i g e n t l y a n d
i m p a r t i a l l y t o t h e b e s t of m y a b i l i t y I w i l l e x e c u t e t h e d u t i e s of a C o m m i s s i o n e r a p p o i n t e d
u n d e r a n d b y v i r t u e of a c e r t a i n A c t of t h e G o v e r n o r of N e w S o u t h W a l e s w i t h t h e adv ice of t h e L e g i s l a t i v e C o u n c i l of t h e sa id C o l o n y m a d e a n d passed in t h e f o u r t h y e a r of t h e
r e i g n of H i s M a j e s t y K i n g W i l l i a m t h e F o u r t h e n t i t l e d " An Act for appointing and
" empowering Commissioners to hear and determine upon Claims to Grants of Lands under
" the Great Seal of the. Colony of New South Wales" a n d t h a t I wi l l n o t myse l f d i r e c t l y
or i n d i r e c t l y t a k e or r ece ive o r k n o w i n g l y p e r m i t a n y o t h e r t o t a k e or r ece ive a n y fee o r
r e w a r d for a n y t h i n g done or p e r f o r m e d u n d e r a n d b y v i r t u e of a n y of t h e p r o v i s i o n s of t h e
sa id A c t o t h e r t h a n a n d e x c e p t s u c h as is a u t h o r i z e d b y t h e sa id A c t .
So h e l p m e G o d .
A . B.
S w o r n before m e t h i s d a y of 1 8 3 .
J u d g e of t h e S u p r e m e C o u r t . B.
S E C R E T A R Y ' S O A T H .
I do s o l e m n l y swea r t h a t f a i t h f u l l y d i l i g e n t l y
a n d i m p a r t i a l l y to t h e b e s t of m y a b i l i t y I w i l l e x e c u t e t h e d u t i e s of S e c r e t a r y to t h e
C o m m i s s i o n e r s a p p o i n t e d u n d e r a n d b y v i r t u e of a c e r t a i n A c t of t h e G o v e r n o r of N e w
S o u t h W a l e s w i t h t h e adv ice of t h e L e g i s l a t i v e C o u n c i l of t h e sa id C o l o n y m a d e a n d p a s s e d
i n t h e f o u r t h y e a r of t h e r e i g n of H i s M a j e s t y K i n g W i l l i a m t h e F o u r t h e n t i t l e d " An
" Act for appointing and empowering Commissioners to hear and determine upon Claims to
" Grants of Lands under the Great Seal of the Colony of New South Wales " a n d t h a t I w i l l
n o t m y s e l f d i r e c t l y or i n d i r e c t l y t a k e or r e c e i v e or k n o w i n g l y p e r m i t a n y o t h e r p e r s o n to t a k e or r ece ive a n y fee or r e w a r d for a n y t h i n g d o n e or p e r f o r m e d u n d e r a n d b y v i r t u e of
a n y of t h e p r o v i s i o n s of t h e sa id A c t o t h e r t h a n a n d e x c e p t s u c h as is a u t h o r i z e d b y t h e
sa id A c t A n d t h a t 1 wi l l d u l y a c c o u n t for a n d p a y ove r t o t h e C o l o n i a l T r e a s u r e r on t h e
l a s t d a y of e v e r y m o n t h a l l fees p r e v i o u s l y r e c e i v e d b y m e as in t h e sa id A c t d i r e c t e d .
So h e l p m e G o d .
C. D.
S w o r n before m e t h i s d a y of 1 8 3 .
J u d g e of t h e S u p r e m e C o u r t .
C.
Fees to be received by the Secretary to the Commissioners.
£ s. d.
F o r f i l ing a n y M e m o r i a l o r o p p o s i t i o n t h e r e t o a t t h e t i m e of filing t h e s a m e . . . 1 0 0
F o r e v e r y s u m m o n s for w i t n e s s e s e a c h s u m m o n s c o n t a i n i n g four n a m e s b y t h e
p a r t y r e q u i r i n g t h e s a m e . . . . . . . . . . . . . . . . . . . . . 0 2 6
F o r e v e r y w i t n e s s e x a m i n e d or d o c u m e n t o r v o u c h e r a n n e x e d t o M e m o r i a l o r
p r o d u c e d in e v i d e n c e b y t h e p a r t y on w h o s e b e h a l f e x a m i n e d or p r o d u c e d 0 1 0
F o r t a k i n g d o w n t h e e x a m i n a t i o n of a n y w i t n e s s . . . . . . . . . . . . 0 1 0
F o r e v e r y 1 0 0 w o r d s a f te r t h e first 1 0 0 a d d i t i o n a l 0 1 0 F o r e v e r y cer t i f ica te g r a n t e d b y C o m m i s s i o n e r s of d e f a u l t re fusa l t o a n s w e r or
w i l fu l l y w i t h d r a w i n g of a n y w i t n e s s . . . . . . . . . . . . . . . 1 0 0
F o r e v e r y n o t i c e of c l a i m filed bes ides t h e e x p e n s e of a d v e r t i s e m e n t . . . . . . 0 2 6
F o r e v e r y h e a r i n g b y C o u n s e l A t t o r n e y or A g e n t by t h e p a r t y r e q u i r i n g t h e s a m e
. . . 1 0 0
F o r e v e r y final r e p o r t t o b e p a i d b y t h e p a r t y or p a r t i e s in w h o s e f avou r m a d e 2 0 0
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