Page 362
ORDINANCE No. 14 of 1856.
· Fees and Costs.
$ cts.
For every bill of costs taxed, per centum,
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,
2.00
For entering every notice of motion,
1.00
For entering or filing any document not specified in this schedule,
1.00
For entering or setting down any cause, claim, petition, or special case for hearing before the
Court, including the hearing,
2.00
For every decree or decretal order drawn up and entered, including the minutes thereof,
4.00
For every interlocutory order when not of course, but relating to the conduct of a suit or matter
drawn up and entered,
1.00
For every other order of Court drawn up and entered,
0.50
For every order in chambers drawn up and entered,
For every enrolment of a decree or decretal order,
4.00
2.00
THE SECOND SCHEDULE TO WHICH THE FOREGOING ORDINANCE REFERS.
COUNSELS' FEES.
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 in Equity is to be determined, subject to the provisions next hereinafter contained.
The fee payable to the sole counsel or leading counsel at the trial or hearing of a cause, or any other proceeding either at Law or in Equity (except in the cases next specified) shall be at least
The following scale of fees is not to be exceeded in any of the cases specified, viz.:---
Consultation or conference,
Motion for leave to file a claim in Equity, or to substitute service of process at Law, or in Equity, or to take a document off the file of the Court at law or in equity, or for contempt process at Law or in Equity, or for time to plead or answer, or to discharge an order for time,
Motion of course,
Every other motion...................
The fee payable to each junior counsel (where such is allowed) is not to exceed two-thirds of the fee allowed to his senior counsel, at any consultation or conference, or in any proceeding before the Court, and whether at Law or in Equity or elsewhere.
No fee to be allowed to a junior counsel in any case except upon good grounds shown to the satisfaction of the Taxing Master.
$ cts.
10.00
25.00
25.00
10.00
5.00
25.00
Refreshers are not to exceed the rate of one-half the amount allowed for the original fees, yet so
as that in no case the fee payable as a refresher shall be less than
5.00.
Counsel attending arbitrations or commissions shall receive the like fees as at trials at Law or
hearings in Equity, save that they shall be further entitled to their expenses, and also to a remuneration for every day after the first day, of
50.00.
Page 363