Writs of Inquiry and Trial Act 1857 No 4a (NSW)

No. VIII.

An Act to restore Wri t s of Inqui ry and Wri t s of
Trial and to authorize the establishment of

separate Scales of Costs. [17th January, 1857.]

WH E R E A S and of W r i t s of Tr ia l was provided for in cases of debt or damage

by the A c t of four th Victoria n u m b e r twen ty - two

section twenty-s ix t h e issue of W r i t s of I n q u i r y in act ions

no t exceeding fifty pounds and by the Ac t s of fifth Victor ia n u m b e r

n ine section twen ty t he t e n t h Vic tor ia n u m b e r t en sections fifteen sixteen and seventeen and the fifteenth Victor ia n u m b e r th ree sections t en and eleven the course of proceeding the reon and the prac t ice in re la t ion the re to respectively were r egu la t ed—but by the Ac t of twelf th

Victor ia n u m b e r one section four t h e said twen t i e th section of t h e

fifth Vic tor ia n u m b e r n ine was repealed so t h a t no such W r i t if issued would now be effectual for t h e purposes con templa ted by t h e first reci ted enac tmen t Be it therefore and it is hereby enacted by t h e Queen ' s Mos t Exce l len t Majesty by and wi th t h e advice a n d consent of the Legislat ive Counci l and Legislat ive Assembly of N e w South Wales in th i s present P a r l i a m e n t assembled and by t h e au tho r i t y of t he same as follows :—

1. After t he pass ing of th i s Ac t t he said four th section of t h e

A c t of twelfth Victor ia n u m b e r one	so far as t h e same relates to t he
aforesaid twen t i e th	section of t he Act of fifth Victor ia n u m b e r n ine

shall be and the same is hereby repealed.

2. After t h e pass ing of th i s A c t W r i t s of I n q u i r y and of Tr ia l

respectively m a y be issued if a J u d g e shall see fit (in cases otherwise wi th in t h e four th Vic tor ia n u m b e r twenty- two section twenty-s ix)

a l though the debt or m a t t e r exceeds fifty pounds provided the	same
does no t exceed one h u n d r e d	pounds .

3. After t h e pass ing of th i s Ac t i t shall be lawful for t he J u d g e s of t he Supreme Cour t if they shall see fit so to do to establish th ree separate Scales of Costs in act ions hav ing regard severally to t h e a m o u n t sued for or t he value of t he m a t t e r sought to be recovered Provided t h a t t h e lowest Scale shall ex tend to all cases no t exceeding fifty pounds t he second to all cases above fifty and n o t exceeding one

h u n d r e d pounds and t h e h ighest to all other cases.