CO129-017 - Sir John Davis - 1846 [7-12] — Page 397

CO129 Colonial Office Hong Kong Records 理藩院香港檔案 All

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HONG KONG

*. cts.

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FEES RECEIVED IN PUBLIC OFFICES

SCHEDULE (No. 10), sec. 112.

FEES.

For filing and entering plaint or statement of cause of action

For filing and entering declaration where the amount claimed shall not exceed 100

dollars -

And for every 100 dollars after the first 100 dollars

And in all ejectments, and in all actions and proceedings where the thing sought to be recovered shall consist of lands or houses or both, the charge on filing and entering declaration shall be 1 per cent. upon the valuation at which the same is assessed by Government.

And in all actions or proceedings brought for the recovery of a specific personal chattel, or for damages done thereto, or for conversion of the same, the charge for filing and entering declaration shall be 1 per cent. on the value of the chattel, and 1 per cent, on the damage laid in the declaration.

Writ of sumunons, each defendant

Registrar's certificate of declaration being filed

For filing every affidavit of debt where the sum sworn to is under or amounts to 100

dollars

-

Filing every affidavit of debt where the sum sworn to exceeds 100 dollars, for

every 100 dollars

For judge's order for a capias

For capias in pursuance, in every case

1

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IN THE CROWN COLONIES.

Schedule (No. 10)-continued.

CROWN FEES to be taken and received by the Registrar when the Court sits as a Court of Oyer and Terminer and Gaol Delivery.

For preparing any bench warrant and every other process issuing out of the court

of oyer and terminer

For every venire, taking every recognizance, or discharging or respiting the same, recording the appearance, plea or acquittal of every defendant, for every bail and justification of bail, and for every order of the court and copy thereof, in case of felony

For the same, except in felony

For copies of indictments or other papers, when ordered or required, per folio For every subpœna

For every search in office

For calling and swearing the jury on trial

For entering and recording verdict

For reading every notice or other document exhibited in court as evidence

For every oatli administered in court

For every prisoner discharged by proclamation or acquitted of felony

For the same, except in felony

For every prisoner convicted of felony

For the same, except in felony

SHERIFF'S FEES.

For service of every writ of summons, summons, subpoena, citation or order For serving every writ of capias and other bailable process

For discharging every defendant at the desire of the plaintiff

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336

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50

50

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For filing and entering every appearance

!!!!

For annexing every plea, answer, defence or demurrer to declaration, each

defendant

1

For subpoena, each witness

For entering every cause

- 50

For calling same

- 50

For administering every oath in court or chambers

- 50

For reading every exhibit, document or paper produced in evidence, unless the

court or judge shall at the time direct a larger sum to be paid

For releasing property seized under writ of sequestration or fieri facias by the desire

of the plaintiff

3

50

+

50

And for every 100 dollars above the first 100 dollars

For entering every judgment or decree

For every judgment or decree pronounced by the court or judge, where the amount

recovered does not exceed 100 dollars

1

1

For taxing costs, where the bill does not exceed 100 dollars

And for every 100 dollars above the first 100 dollars

For every rule or order of court -

For every attendance by the registrar or other person appointed by the court within the limits of Victoria, to administer oaths or transact other business, exclusive of expenses

For all writs of execution

For every copy of declaration, bill, petition, plea, answer, demurrer, or any other document, paper or proceeding in court, not otherwise charged, in all matters, per folio

For registrar or clerk, examining or attesting, and certifying same, in all matters For every habeas corpus, mandamus, certiorari or any other writ or process what-

soever, not otherwise charged

For every attachment for contempt in the presence of the court or otherwise, or

disobedience of order or rule of court

For all interrogatories and answers filed thereto in pursuance thereof, per folio

For every commission to examine or swear witnesses, each witness

For every search in the registrar's office

-

For every receipt granted by the registrar when demanded

- 50

1

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1 60

I 50

-50

1

2

For drawing and taking each bail-bond, every defendant

When any summons, writ or process of any kind shall be executed, or act done, for which a fee is authorized to be taken as above, the deputy duly appointed who shall execute such process or do such act, shall be entitled to one-half the fee or fees which the sheriff may claim under this Table.

POUNDAGE.

Five per cent, to be charged on the first 500 dollars, and 2 per cent. upon every

100 dollars above 500 dollars.

132.--And be it further enacted and ordained, That in all actions and complaints or other pro- ceedings under the summary jurisdiction given by this ordinance, the fees specified in the Schedule hereunto annexed, marked (No. 12), shall, unless and until otherwise ordered and directed, be established, and be deemed and taken as the lawful fees and emoluments for the discharge of the several duties therein specified; and the Chief Justice of the said court shall have full power to compel the payment thereof in a summary way, by order, and on nonpayment, by warrant of distress and sale, under his hand, and sealed with the seal of the court; and the said fees shall be received and accounted for by the registrar of the said court, and be paid over quarterly to the colonial treasurer for the public uses of the said colony.

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Beyond the limits of Victoria

APPRALABLE MATTERS.

For filing and entering every petition for leave to appeal

For every certificate of appeal allowed

ECCLESIASTICAL MATTERS.

For filing and entering petition for probate or letters of administration

Swearing petitioner to the truth of petition

For every caveat filed

For granting probate or letters of administration

For filing and entering bond by administrator

For every certificate by the registrar or other officer of accounts and inventories

being filed, where the sum realized shall exceed 100 dollars

And for every 100 dollars above the first 100 dollars

Swearing party to truth of account or inventory

For every exemplification of will, per folio

For affixing the seal of the court to any process during court hours

After court hours

SCHEDULE (No. 12), sec. 132. TABLE OF FEES.

$. cts.

For entering every plaint, action, &c. and particulars of demand

50

Entering every appearance and defence

25

- 50

Summons for defendant, and copy

50

Entering notice of hearing

25

Copy and service on plaintiff and defendant, each

40

Any notice required during the course of proceedings

25

-

Fee on hearing and adjudication, where the sum to be recovered shall not exceed

50 dollars

50

I

5

11

Exceeding 50 dollars, and not exceeding 100 dollars

75

Each subpoena of witness, and copy

40

Drawing and signing order for costs, decree or dismissal, each

50

Every oath of party or witness examined

25

Chief Justice's warrant to bailiff for executing decree

1

Executing any decree or order where the sum shall not exceed 60 dollars

50

2

!!

Exceeding 50 dollars and not exceeding 100 dollars

1

25

Copies of any other proceedings, per folio

1

12

Passed the Legislative Council of Hong Kong, Victoria, 21st August 1844.

(signed) E. A. Shelley,

Clerk of Councils.

739.

B 4

LAND

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