1902 — Page 23

(A 21 )

SPECIFICATION OF TAXES, DUTIES, &c.

Act of Colonial Legislature

or other Authorty under which levied,

FEES OF Court,—Continued.

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 Seale III to the Plaintiff on any amount recovered however small, or to the Defendant who successfully defends un action brought for any amount however small; and in actions other than those for the recovery of a debt or liquidated demand in money the Judge, if he shall think that the preparation or couduct of the ease has involved unusual trouble or diffenly or for other good cause shown, may, in awarding costs, direct that they shall be taxed on any scale higher than that bereinafter made applicable.

4. Subject as aforesaid no costs shall be allowed in netions not exceeding $10, And in other actions costs shall be taxed and allowed in accordance with the follow- ing scales as well between Solicitor and elieut ns between party and party. Pro- vided that where a client shall have paid or agreed to pay a 'suni of money for the conduct of any suit or proceeding, or has agreed to pay costs atul 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 puid or agreed to be paid,

5. Ocensional 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 custs of any particular matter in con- nection with such action or proceeding.

7. These Rules shall come into force on the 9:1 day of October, 1899, and shall apply only to actions and other proceedings brenght and commenced on or after the

said date.

SCALE I.

Actions exceeding $10 but not exceeding $50.

Instructions for and preparing Summous attending and entering,

Each copy for service,

Instructions to defend,

Attending in Court and conducting case, ....

Costs of the day on adjournment of hearing (Lvcrtified by Judge), Attending to hear Judgment,

Taxing (including all costs connected therewith),

$ 2.00

0.50 1.00

$5.00 to 15.00

Ordinance 12 of 1873,

2.50

Sec. 24, and Govern-

2.00

3.00

ment Notification No. 539 of 1899.

SCALE 11.

Actions exceeding $50 but not exceeding £200.

Letter before netion,

$ 1,50

---

4.00

Each copy for service,

0.50

Instructions to defend,

2.00

..$5.00 to 15.00

Instructions for and preparing Summous attending and entering,

Attonding in Court if Counsel instructed, per day,

Drawing brief for Conusel per folio (if Counsel certified for by Judge)...................... 0.50 Attending in Court if Counsel unt instructed, per day (of 5 hours),...$15.00 to 25.00) Counsel (if certified for by Judge),

Refresher after every 5 hours of hearing,...

50.00

.$15.00 to 26.00

5.00

3.00

5.00

Costs of the day on adjournment of hearing (if certified for by Judge), Attending to hear judgment,......

Taxing (including all costs connected therewith),

SCALE III

Actions exceeding $200.

Letter before action,

Instructions to sue or defend,

Preparing Writ of Summons and attending issning,

Drawing brief for Counsel per folio,

Attending Counsel therewith,

Foe to Counsel (if certified by Judge),

Conference feo to counsel,......

2.00

4.00

6.00

0.50

2.00

.$25.00 to 75.00 $10.00 to 20,00

...................... 25.00 per day,

Attending Court on trial with Counsel per day (5 hours),

Attending Court and conducting case where no Counsel employed

(5 hours),

Attending to hear judgment-

Solicitor,

Couusel,

Taxing Costs (including all costs connected therewith),

or where the bill exceeds 8 folios 50 cents per folio extra.

.$20.00 to 40.00

4.00 10.00

6.00