the-ordinances-of-the-legislative-counci-1890 — Page 439

ORDINANCE No. 3 OF 1858. 403


Supreme Court.


discharge of his own functions : And he is hereby further empowered ,
without such authority or direction, to make such allowances in taxation ,
as he may deem reasonable and fair, in respect of matters not expressly
provided for by Ordinance, or rule, or order of the Court, for the time
being .

12. In taxation of charges of attornies, solicitors , or proctors , for As to distance
and time in
their attendances, and of allowances of fees to counsel , distance and time. taxation.

shall be taken into account, and the same shall be computed respectively
from and back to the office, chambers , or residence of the practitioner ,
and from the time of departure thence to the time of return thither
respectively.

13. The fees payable to attornies, solicitors , or proctors in respect Uniformity
of fees
of drawing, copying, and engrossing documents shall be the same in certain cases .

every jurisdiction of the said Court , ( except the Summary and Admiralty
Jurisdictions thereof, ) and shall be ascertained and determined according
to the scale contained in the General Rule of the said Court of Michael

mas Term, in the eighteenth year of the Queen , dated the 31st day of
October, 1854 , --so far as the same can be thereunto applied by the Taxing
Master ; but the fees of Court in the said jurisdictions (except as aforesaid )
for copying or engrossing shall in no case exceed the rates provided by
the first schedule to the Ordinance No. 14 of 1856.

14. Except by consent, no cause or matter within the Summary Hearing and
postponement
Jurisdiction shall be set down for hearing before at least four clear days of cases in the
summary
from the service of the plaint, nor postponed unless at least twenty-four jurisdiction.
hours ' notice in writing thereof hath been first given to the Registrar :
And ( except by consent) it shall not be competent to the defendant to
enter into any special defence , exempli gratiâ , set off, illegality, want of
consideration, infancy , or the statute of limitations , unless at least twenty
four hours' written notice thereof hath been first given to the plaintiff or
his attorney .


15. All fees payable to the bailiff or under- bailiff of the said Court Bailiff's fees.

in the Summary Jurisdiction thereof, shall be henceforth evenly divided
between the said two officers , when and as the same shall be received .

16. All Crown fees payable under this or any Ordinance relating to Crown fees
and costs to
the Supreme Court, and all costs payable by or to the Crown (except in be payable in
dollars only.
Admiralty cases ) , shall be paid in current dollars only.