Directory_and_Chronicle_1907 — Page 465

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392 RULES OF VICE-ADMIRALTY COURTS IN H.B.M. POSSESSIONS ABROAD

201. Where the fee is per folio, the folio shall be counted at the rate of 72 words, and every numeral, whether contained in columns or otherwise written, shall be counted and charged for as a word.

202. Where the sum in dispute does not exceed 50%., or the value of the res does not exceed 1001., one half only of the customary fees shall be charged and allowed.

203. Where costs are awarded to a Plaintiff, the expression "sum in dispute shall mean the sum recovered by him in addition to the sum, if any, counter-claimed from him by the Defendant; and where costs are awarded to a Defendant, it shall mean the sum claimed from him in addition to the sum, if any, recovered by him.

204. The judge may in any action order that half fees only shall be allowed, 205. If the same practitioner acts as both counsel and solicitor in an action, he shall not for any proceeding be allowed to receive fees in both capacities, nor to receive a fee as counsel where the act of a solicitor only is necessary.

REPEALING CLAUSE

206. From and after the 1st day of January, 1884, except in regard to actions cominenced before that day, the under-mentioned rules and regulations, together with all forms thereto annexed, and all tables of fees now in force in any Court shall be repealed; viz.:

(a.) The rules and regulations touching the practice to be observed in suits and proceedings in the several Courts of Vice-Admiralty abroad, established by an Order in Council of the 27th June, 1832.

(b.) Twenty-fifth section of rules and regulations touching the practice to be observed in suits and proceedings in the several Courts of Vice-Admiralty abroad, substituted in lieu of Section 25 in the former rules and regulations, and established by an Order in Council of the 25th June, 1861.

(c.) The additional rules and regulations for the several Courts of Vice- Admiralty abroad, established by an Order in Council of the 6th July, 1859.

(d.) Any of the above-mentioned Rules and Regulations, as extended by subsequent Orders in Council to other Vice-Admiralty Courts.

CASES NOT PROVIDED FOR

207. In all cases not provided for by these Rules the practice of the Admiralty Division of the High Court of Justice of England shall be followed.

COMMENCEMENT OF RULES

208. These rules shall come into operation on the 1st day of January, 1884, and shall apply to all actions commenced on or after that day. Actions commenced before that day may, by consent of parties, and with permission of the judge, be continued under these rules on such terms as to the judge shall seem fit.

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