the-ordinances-of-the-legislative-counci-1890 — Page 396

360 ORDINANCE No. 14 OF 1856.


Fees and Costs.


Costs, &c. not to 3. The rates, conditions and limitations, contained in the said second and third
exceed the rates
in the second
and third schedules respectively, shall be strictly obeyed and enforced at the taxation of costs and
schedules.
charges ; and no allowance shall be granted of any costs or charges otherwise than in
conformity to the said rates, conditions, and limitations, respectively.
One uniform rule 4. The distinctions of costs as between party and party, and of costs as between
of taxation.
attorney, or solicitor, or proctor, and client, are henceforward abolished at Law, in Equity,
and elsewhere ; and all costs and charges hereafter to be taxed shall be taxed upon one
uniform scale and according to the same conditions, and without regard to the distinc
tions aforesaid ; and the costs of interlocutory proceedings shall in all cases beforthwith paid,
and shall in no case be made to abide the event of the cause wherein such proceedings shall
have been taken. [ Repealed by Ordinance No. 4 of 1857.]

Reservation of 5. Nothing herein contained shall prevent a client from binding himself by spe
special written
contracts.
cial contract under his hand with his attorney or solicitor, to pay or allow unto him
any reasonable sum of money for any business done or to be done by the said attorney
or solicitor for the said client, albeit the said reasonable sum shall be of higher amount
than the said attorney or solicitor under sections 3 and 4 of this Ordinance would
upon taxation have been entitled to. [ Repealed by Ordinance No. 4 of 1857.]
Such contracts 6. Upon strict proof made to the Taxing Master of any such contract, it shall be
may be allowed
by the Taxing his duty to give effect thereto, or to so much thereof as he shall esteem reasonable ;
Master.
and he shall make his allocatur or certificate accordingly. [ Repealed by Ordinance No.
4 of 1857. ]

Discretion as to 7. The allowance of fees payable to barristers for attending for the plaintiff or
counsel's fees in
summary defendant before the summary jurisdiction of the Supreme Court, or for any party in
jurisdiction or
Magistrates'
Courts. a civil or criminal proceeding before any Magistrates or Justices in or out of sessions,
shall be discretionary with the said Court, Magistrates, or Justices respectively, but in
no case shall a greater fee than fifteen dollars be allowed for any such attendance.
Attornies may 8. It shall be the duty of an attorney, if so required by his client, to appear for
conduct cases
in Court upon him in Court and conduct his case in person in any matter soever, whether criminal or
default of
counsel.
[See Ord. No. 7 of civil, and in what Court soever, if the said attorney shall be unable, after tender made
1862.]
by him to each of the counsel belonging to the Hongkong bar, of a proper fee accord
ing to the second schedule aforesaid, to procure the attendance of counsel in the said
matter.
Translator's fees.
9. The fee of twenty-five cents per folio of the original document and no more
shall be payable to a translator of the Court for translating and copying any docu
ment, whether at law or in equity or elsewhere.
Rights of 10. Nothing herein contained shall prejudice paupers in respect of their right of
paupers.
proceeding without fee or reward.

Indemnity in 11. All decrees and decretal orders touching the payment of any costs or charges
case offormer
proceedings in in Equity, and all allowances or certificates thereof, and all payments under their author
Equity.
ity at any time made before the passing of this Ordinance, are hereby ordained to be