$
Bongkong
THE
Government
NEW SERIES.
GAZETTE.
VICTORIA, SATURDAY, 2D AUGUST, 1856.
GOVERNMENT NOTIFICATION.
VOL. II. No. 57.
The Contract for publishing this Gazette, entered into on the 24th September, 1853, was terminated on the 30th ultimo; and notice is hereby given, that a NEW SERIES of this Gazette will be published hereafter, to commence from the 7th instant, under a New Contract, and that
“THE HONGKONG. GOVERNMENT GAZETTE”
will, as before, be the only Official Organ for PROCLAMATIONS, NOTIFICATIONS, and PUBLIC PAPERS, of this Government.
By Order,
Colonial Secretary's Office, Victoria, Hongkong, 2d July, 1855.
HONGKONG.
W. T. MERCER, Colonial Secretary.
ANNO VIGESIMO VICTORIÆ REGINE.
No. 14 of 1856.
By His Excellency Sin JOHN BOWRING, Knight, LL.D., Governor and Commander-in-Chief of the Colony of Hongkong and its Dependencies, and Vice Admiral of the same, Her Majesty's Plenipotentiary * Chief Superintendent of the Trade of British Subjects in China, with the Advice of the Legislative Council of Hongkong,
An Ordinance for Fees and Costs.
[31st July, 1856.]
Whereas no Provision hath been hitherto made by the Legislature of this Colony for the ascertaining of Court and other Fees and Costs in Equity Proceedings, and some of the said Fees, as hitherto levied, are illegal: And whereas the late reformation in procedure at Law, and in Equity, and Practice in general, maketh further Legislation with respect to Fees, Costs, and Taxation desirable:
Be it enacted and ordained by His Excellency the Governor of Hongkong, with the Advice of the Legislative Council thereof, as follows:
Preamble.
The Three Sche-
ance and to be inter-
I. The Three Schedules to this Ordinance annexed shall be deemed to be incorporated therewith, and (except where otherwise expressed) shall be interpreted in manner following, that is to say: The First dules to be incorpo- * Third Schedules respectively, as relating exclusively to Proceedings on the Equity side of the Supreme rated with the Ordin- Court of Hongkong, or to Business done or to be done in the practice of Conveyancing: And the Second Sche-preted as herein men- dale, as relating to all Proceedings whatsoever at Law or in Equity in the said Court, not being Proceedings tioned. before the Summary Jurisdiction thereof, nor Proceedings by way of Appeal in Rating Cases; and also to Business done or to be done in the practice of Conveyancing:-Yet so as that, where any of the Particulars the said Three Schedules severally entered shall appear to be thereby respectively extended to other matters or occasions, or limited to sume special matters or occasions, the same shall be so interpreted accordingly.
Court Fees not to
II. From and after the passing of this Ordinance, it shall not be lawful to ask or receive, in respect to *y proceedings in Equity or Conveyancing Business, any Fees or Payments of Court or of Office other exceed the rates in an according to the Rates and Conditions in the said Schedule expressed, save that the Registrar of the the First Schedule. id Court is hereby empowered to remit or reduce all or any of such Fees or Payments, in any case where
good and sufficient ground shall have been shewn to his satisfaction for such Remission or Reduction.
III. The Rates, Conditions, and Limitations, contained in the said Second and Third Schedules res- Costs, &c. not to ex- ¡ctively, shall be strictly obeyed and enforced at the Taxation of Costs and Charges; and no allowance ceed the rates in the Se- all be granted of any Costs or Charges otherwise than in conformity to the said Rates, Conditions, and cond and Third Sche- Limitations, respectively.
dules.
IV. The distinctions of Costs as between Party and Party, and of Costs as between Attorney, or One uniform Rule of Solicitor, or Proctor, and Client, are henceforward abolished at Law, in Equity, and elsewhere; and all Costs Taxation. * Charges hereafter to be taxed shall be taxed upon one uniform Scale, and according to the same conditions, and without regard to the distinctions aforesaid; and the Costs of Interlocutory Proceedings shall cases be forthwith paid, and shall in no case be made to abide the event of the cause wherein such proceedings shall have been taken.
J
V. Nothing herein contained shall prevent a Client from binding himself by Special Contract under Reservation of spe- hand with his Attorney or Solicitor, to pay or allow unto him any reasonable Sum of Money for any cial written Contracts. Biness done or to be done by the said Attorney or Solicitor for the said Client, albeit the said reasonable shall be of higher amount than the said Attorney or Solicitor under Sections Three and Four of Ordinance would upon Taxation have been entitled to.
VI. Upon strict Proof made to the Taxing Master of any such Contract, it shall be his duty to give Such Contracts may fect thereto, or to so much thereof as he shall esteem reasonable; and he shall make his All catur or be allowed by the Tax- Certificate accordingly.
ing-master.