360
Costs, &c. not to exceed the rates
in the second
and third schedules.
One uniform rule of taxation.
Reservation of special written
contracts.
Such contracts may be allowed by the Taxing Master.
Discretion as to counsel's fees in
summary
Jurisdiction or Magistrates' Courts.
Attornies may
conduct cases in Court upon default of counsel.
[See Ord. No. 7 of
··1862.]
Translator's fees.
Rights of paupers.
Indemnity in case of former
proceedings in
Equity.
ORDINANCE No. 14 OF 1856.
Fees and Costs.
3. The rates, conditions and limitations, contained in the said second and third schedules respectively, shall be strictly obeyed and enforced at the taxation of costs and charges; and no allowance shall be granted of any costs or charges otherwise than in conformity to the said rates, conditions, and limitations, respectively.
4. The distinctions of costs as between party and party, and of costs as between attorney, or solicitor, or proctor, and client, are henceforward abolished at Law, in Equity, and elsewhere; and all costs and 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 in all 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. [Repealed by Ordinance No. 4 of 1857.]
5. Nothing herein contained shall prevent a client from binding himself by special contract under his hand with his attorney or solicitor, to pay or allow unto him any reasonable sum of money for any business done or to be done by the said attorney or solicitor for the said client, albeit the said reasonable sum shall be of higher amount than the said attorney or solicitor under sections 3 and 4 of this Ordinance would upon taxation have been entitled to. [Repealed by Ordinance No. 4 of 1857.]
6. Upon strict proof made to the Taxing Master of any such contract, it shall be his duty to give effect thereto, or to so much thereof as he shall esteem reasonable; and he shall make his allocatur or certificate accordingly. [Repealed by Ordinance No. 4 of 1857.]
7. The allowance of fees payable to barristers for attending for the plaintiff or defendant before the summary jurisdiction of the Supreme Court, or for any party in a civil or criminal proceeding before 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.
8. It shall be the duty of an attorney, if so required by his client, to appear for him in Court and conduct his case in person in any matter soever, whether criminal or civil, and in what Court soever, if 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.
9. 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.
10. Nothing herein contained shall prejudice paupers in respect of their right of proceeding without fee or reward.
11. All decrees and decretal orders touching the payment of any costs or charges in Equity, and all allowances or certificates thereof, and all payments under their authority at any time made before the passing of this Ordinance, are hereby ordained to be