1893-HKRS31-1-1-1_Part02 — Page 31

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RULES

Williain Rebugsz

Hear

GOVERNOR

Made by the Chief Justice, under Section 24 of

"The Supreme Court

Ordinance, 1873,"” (No. 12 of 1879), for the taxing of costs in

the Summary Jurisdiction of the Supreme Court.

1. fo the following Rules the expressions "exceeding" and "not exceeding" refer in the case of a Plaintiff to the amount recovered and in the ease of a Defendant to the amount claimed.

2. In actions or proceedings other than those for the recovery of money and in actions where claims for the recovery of money are joined with other claims, the Judge having regard to the value and nature of the subject matter of the action or proceeding, shaft dirvet under which of the scales bereinafter set forth the costs (if any) shall be taxed.

3. Notwithstanding anything in these Rules to the contrary, the Judge, if of opinion that the action involved a novel or difficult point of law, or that the question litigated was of importance to some class or body of persons, or of general or public interest, may award costs under Scale IV to the Plaintiff on any amount recovered however small, or to the Defendant who successfully defends an

of a

Action brought for any amount however small: uud la actions other than those for the recovery debt or liquidated deraand in money the Judge, if he shall think that the preparation or conduct of the case has involved unusual trouble or difficulty or for other good cause shown, may in awarding costs, direct that they shall be taxed on any scale higher than that hereinafter made applicable.

4. Subject us aforesaid no costs shall be allowel in actions not exceeding $10, and in other actions costs shall be taxed and allowed in accordance with the following scales as well between Solicitor and client as between party and party. Provided that where a client shall have paid or agreed to pay a sum of money for the conduct of any suit or proceeding, or has agreed to pay costs and charges beyond those provided for in these Rules, the taxing officer may, as between Solicitor and client, allow any costs or charges not exceeding the amount which may have been paid or agreed to lbe paid.

5. Occasional costs shall only be allowed where from the nature of the case it was reasonable and necessary that they should be incurred.

6. In awarding the costs of any action or proceeding the Judge may at the hearing, for good cause shown, disallow the costs of any particular inatter in connection with such action or proceeding.

7. These Rules shall come into force on the 1st day of January 1894, and shall apply only to actions and other proceedings brought and commenced on or after the said date.

Scale I.

ACTIONS EXCEEDING $10 BUT NOT EXCEEDING $50.

Instructions for and preparing Summons attending and entering,

$ 2.00

Each copy for service,

0.50

Instructions to defend,

Attending in Court and conducting caso,

1.00

5.00 to $10.00

Costs of the day on adjournment of hearing (if certified by Judge)..

2.50

Attending to hear Judgment, ......

2.00

Taxing (including all costs connected therewith),

2.00