Che. Hongkong Government Gazette.
[No. 57. AUGUst 2, 1856.
Discretion as to Coun- VII. The allowance of Fees payable to Barristers for attending for the Plaintiff or Defendant before el's Fees in Summary the Summary Jurisdiction of the Supreme Court, or for any party in a Civil or Criminal Proceeding before Jurisdiction or Magis- any Magistrates or Justices in or out of Sessions, shall be discretionary with the said Court, Magistrates, or Justices respectively, but in no case shall a greater Fee than Fifteen Dollars be allowed for any such Attendance.
trates' Courts.
Attornies may con-
VIII. It shall be the duty of an Attorney, if so required by his Client, to appear for him in Court and duct cases in Court conduct his case in person in any matter soever, whether Criminal or Civil, and in what Court soever, if upon Default of Coun- the ́said Attorney shall be unable, after Tender made by him to each of the Counsel belonging to the Hongkong Bar, of a proper Fee according to the Second Schedule aforesaid, to procure the attendance of Counsel in the said matter.
sel.
Translators' Fees
IX. The Fee of Twenty-five Cents per folio of the Original Document and no more shall be payable to a Translator of the Court for Translating and Copying any Document, whether at Law or in Equity or elsewhere.
Rights of Paupers.
X. Nothing herein contained shall prejudice Paupers in respect of their right of proceeding without Fee or Reward. Indemnity in Case XI. All Decrees and Decretal Orders touching the payment of any Costs or Charges in Equity, and all of former Proceedings Allowances or Certificates thereof, and all Payments under their authority at any time made before the in Equity.
passing of this Ordinance, are hereby ordained to be valid and effectual; yet so far only as respects the Jurisdic- tion in that behalf of the Court or Taxing Master making such Decrees or Decretal Orders or Allowances or Certificates, and the personal Liabilities of any member of the said Court, or of any such Taxing Master, for or in respect of the same.
Costs payable to the Crown.
XII. Costs of procedure shall be recoverable by or on behalf of the Crown upon every Judgment or Decree at Law, in Equity, or in the Admiralty or Ecclesiastical Jurisdiction of the Supreme Court, whereby any Real or Personal Estate or any Forfeiture or Money Penalty shall have been adjudged to belong or
JOHN BOWRING.
awarded to the Crown.
Passed the Legislative Council of Hongkong,
this 31st Day of July, 1856.
L. D'ALMADA e Castro,
Clerk of Councils.
THE FIRST SCHEDULE TO WHICH THE FOREGOING.ORDINANCE REFERS.
For filing a Bill or Information,
COURT FEES.
•
For filing a Claim, Special Case, Caveat, Supplemental Statement, or Statement for Revivor,
}
No.
The
$ cts.
4.00
1.00
For filing every attendable Petition,
For filing every nonattendable Petition,
For issuing every Original or Judge's Summons,
2.50
0.75
1.00
For issuing every other Summous,
For issuing every Warrant,
For entering every appearance, whether to a Bill, Summons, or Claim, at the rate for every Three Defendants, or a broken
number if less than Three,
0.50
0,50
2.00
For sealing every Writ in the nature of Contempt Process,
2.00
For sealing every other Writ, or Commission,
4.00
For resealing any Writ, or Commission,
1.00
For filing every Set of Interrogatories, whether for examination of parties or Witnesses,
1.50
For filing every Answer, or set of Exceptions,
1,50
For entering or filing the Duplicate of any Record or Proceeding,
1.00
For every Amendment of the Record,
For every Witness examined out of the Jurisdiction, per day, including as aforesaid, but besides Expenses,
For every Witness examined by the Registrar elsewhere than in his Office, per day, including as aforesaid, but besides
Expenses,
For every Witness examined in the Office of the Registrar, per hour or broken hour (including Oath, Affirmation, or
Declaration,)
2.00
1.50
6.00
10.00
For taking the Affidavit of any Invalid Deponent at his place of Residence, including as aforesaid, but besides Expenses, For taking every Oath, Affirmation, or Declaration in other Cases,
4.00
0.50
For filing every Affidavit with or without Exhibits annexed,
0,50
For every Search made or Inspection had for or of Records or Documents, per hour or broken hour,
For every Office Copy made, per folio,
For Stamping or Marking any other Copy or Duplicate,
1.00
0.15
1.00
For attending elsewhere than in the Supreme Court with Record or to prove Documents, per day, besides Expenses, For every Bill of Costs taxed, per Centum,
2.00
5.00
For every Certificate of the Taxing Master or of the Judge's Clerk (including Signing,)
4.00
For every other Certificate, including Signing,
1.00
For every Advertisement prepared and published besides the Expense thereof,
For entering every Notice of Motion,
For entering or filing any Document not specified in this Schedule,
2.00
1.00
1.00
For entering or setting down any Cause, Claim, Petition, or Special Case for hearing before the Court, including the Hearing, For every Decree or Decretal Order drawn up and entered, including the Minutes thereof,
2.00
4.00
For every Interlocutory Order when not of Course, but relating to the conduct of a Suit or Matter drawn up and entered, For every other Order of Court drawn up and entered,
1.00
0.50
4.00
2.00
For every other Order in Chambers drawn up and entered,
For every Enrolment of a Decree or Decretal Order,
THE SECOND SCHEDULE TO WHICH THE FOREGOING ORDINANCE referS.
COUNSELS' FEES.
$ cis. 10.00
Retainer in any matter at Law, in Equity, or in the Ecclesiastical or Admiralty Jurisdiction, Perusing, Settling, Drawing, or Advising on any Pleadings or Evidence either at Law or in Equity, or any Deeds, Wills or Judgments or Papers, according to the amount of Labour bestowed,--such labour to be estimated, not with reference solely to the Volume of the Instructions or Draught, or the Time occupied, or the difficulty of the Case, or any other Circumstances in particular, but with a due regard to all the Circumstances of each Case.
The same Observation applies to the principle on which the allowance of Fees to Counsel upon Briefs at Law or ia
Equity is to be determined, subject to the provisions next hereinafter contained,