Fees and Costs.

shall be discretionary with the said Court, Magistrates, or Justices [See Ord. No.7. respectively, but in no Case shall a greater Fee than Fifteen of 1862.] Dollars be allowed for any such Attendance.

in Court upon

Default of

VIII. It shall be the duty of an Attorney, if so required by his Attornies may Client, to appear for him in Court and conduct his Case in Person conduct Cases in any Matter soever, whether Criminal or Civil, and in what Court soever, if the said Attorney shall be unable, after Tender Counsel. made by him to each of the Counsel belonging to the Hongkong Bar, of a proper Fee according to the Second Schedule aforesaid,

to procure the Attendance of Counsel in the said Matter.

IX. The Fee of Twenty-five Cents per Folio of the Original Translator's Document and no more shall be payable to a Translator of the Fees. Court for Translating and copying any Document, whether at Law

or in Equity or elsewhere.

X. Nothing herein contained shall prejudice Paupers in respect Rights of Pauof their Right of proceeding without Fee or Reward.

pers.

Equity.

XI. All Decrees and Decretal Orders touching the Payment of Indemnity in any Costs or Charges in Equity, and all Allowances or Certificates Case of former thereof, and all Payments under their Authority at any Time Proceedings in made before the passing of this Ordinance, are hereby ordained to be valid and effectual; yet so far only as respects the Jurisdiction in that Behalf of the Court or Taxing Master making such Decrees or Decretal Orders or Allowances or Certificates, and the personal Liabilities of any Member of the said Court, or of any such Taxing Master, for or in respect of the same.

XII. Repealed.

The FIRST SCHEDULE to which the foregoing
Ordinance refers.

For filing a Claim, Special Case, Caveat, Supplemental

For issuing every Warrant,

0.50

For entering every appearance, whether to a Bill, Sum

mons, or Claim, at the rate for every Three Defendants, or a broken number if less than Three,

2.00

For sealing every Writ in the nature of Contempt Process,
For sealing every other Writ, or Commission,
For resealing any Writ, or Commission, -

For filing every Set of Interrogatories, whether for
examination of parties or Witnesses,

For filing every Answer, or set of Exceptions,

For entering or filing the Duplicate of any Record or
Proceeding,

For every Amendment of the Record,

2.00

4.00

1.00

1.50

Fees and Costs.

For every Witness examined in the Office of the Regis- $cts. trar, per hour or broken hour (including Oath, Affirmation, or Declaration),

For every Witness examined by the Registrar elsewhere than in his Office, per day, including as aforesaid, but besides Expenses,

1.50

6.00

10.00

For every Witness examined out of the Jurisdiction, per
day, including as aforesaid, but besides Expenses,
For taking the Affidavit of any Invalid Deponent at his
place of Residence, including as aforesaid, but besides
Expenses,

For taking every Oath, Affirmation, or Declaration in
other Cases,

Affidavit

4.00

0.50

For filing every Affidavit with or without Exhibits annexed,

0.50

For every Search made or Inspection had for or of Records
or Documents, per hour or broken hour,
For every Office Copy made, per folio, -

1.00

0.15

For Stamping or Marking any other Copy or Duplicate, -
For attending elsewhere than in the Supreme Court with
Record or to prove Documents, per day, besides Expenses,
For every Bill of Costs taxed, per Centum,

1.00

2.00

5.00

For every Certificate of the Taxing Master, or of the
Judge's Clerk (including Signing),

4.00

For every other Certificate, including Signing,

1.00

For every Advertisement prepared and published besides the Expense thereof,

2.00

For entering every Notice of Motion,

1.00

For entering or filing any Document not specified in this
Schedule,

1.00

For entering or setting down any Cause, Claim, Petition, or Special Case for hearing before the Court, including the Hearing,

2.00

For every Decree or Decretal Order drawn up and entered, including the Minutes thereof,

4.00

For every Interlocutory Order when not of Course, but relating to the conduct of a Suit or Matter drawn up and entered,

1.00

For every other Order of Court drawn up and entered,
For every other Order in Chambers drawn up and entered,
For every Enrolment of a Decree or Decretal Order,

0.50

4.00

2.00

The SECOND SCHEDULE to which the foregoing

Ordinance refers.

COUNSELS FEES.

Retainer in any matter at Law, in Equity, or in the Ecclesiastical or Admiralty Jurisdiction,

Perusing, Settling, Drawing, or Advising on any Pleadings or Evidence either at Law or in Equity, or any

10.00

Fees and Costs.

Deeds, Wills, or Judgments, or Papers, according to $cts. the amount of Labour bestowed,-such Labour to be estimated, not with reference solely to the Volume of the Instructions or Draught, or the Time occupied, or the difficulty of the Case, or any other Circumstances in particular, but with a due regard to all the Circumstances of each Case.

The same Observation applies to the principle on which the allowance of Fees to Counsel upon Briefs at Law or in Equity is to be determined, subject to the provisions next herein-after contained.

The Fee payable to the sole Counsel or leading Counsel at the Trial or Hearing of a Cause, or any other Proceeding either at Law or in Equity (except in the cases next specified) shall be at least,

The following Scale of Fees is not to be exceeded in any
of the cases specified, viz. :-
Consultation or Conference,

Motion for leave to file a Claim in Equity, or to substi-
tute Service of Process at Law, or in Equity, or to
take a Document off the File of the Court at Law, or in
Equity, or for Contempt, Process at Law, or in Equity,
or for time to plead or answer, or to discharge an
order for time,
Motion of Course,
Every other Motion,

The Fee payable to each Junior Counsel (where such is
allowed) is not to exceed Two-thirds of the Fee allowed
to his Senior Counsel, at any Consultation or Confer-
ence, or in any proceeding before the Court, and whether
at Law, or in Equity or elsewhere.

25.00

25.00

10.00

5.00

25.00

No Fee to be allowed to a Junior Counsel in any case except upon good grounds shown to the satisfaction of the Taxing Master.

Refreshers are not to exceed the rate of One-half the
amount allowed for the Original Fees, yet so as that in
no case the Fee payable as a Refresher shall be less
than,
Counsel attending Arbitrations or Commissions shall re-
ceive the like Fees as at Trials at Law, or Hearings
in Equity, save that they shall be further entitled to
their Expenses, and also to a remuneration for every
day after the first day of,

5.00

50.00

The THIRD SCHEDULE to which the foregoing Ordinance refers.

SOLICITORS COSTS.

Instructions to Sue or Defend,

Instructions to prepare Bill, Claim, Original Petition,
Special Case, or Original Summons, or answer Plea or

4.00

[* See Ord. No.

3. of 1858,s.15.]

Fees and Costs.

Demurrer, or to advise thereon (including the perusal $ cts.
of papers),

For entering Appearance in the cases aforesaid (including
Instructions to appear) if for less than Three Defen-
dants,

The like for every Three Defendants over the First Three,
a broken number of less than Three counting as Three,
For preparing and filing a Bill, Claim, Original Petition,
Special Case, or Original Summons (including sealing
and issuing) or Answer, Plea, or Demurrer, a Fee to be
regulated by the volume of Instructions, the nature
and difficulties of the Case, and the Work performed.
For preparing, filling up, sealing, and leaving any other
Summons,

For Instructions and Attendances not by this Schedule
provided for (if the Taxing Master shall allow the
same), such reasonable Fees as he shall determine. But
no allowance shall be made in respect of Instructions
for Documents (not herein specified) to be brought into
Judge's Chambers, or the Office of the Court, save for
Interrogatories, Examinations, and Affidavits, not being
Affidavits of course, or of the Party's own Solicitor, or
a Clerk of such,

For making Copies to serve, or for the opposite Party, or
fair Copies, per folio, -

For engrossing in all other Cases, per folio,

For every Attendance to Bespeak, Deliver, Receive, or File
Documents, to make Payments, or to obtain Appoint-
ments,

For every Attendance at Court, or in Chambers at the
Hearing of any opposed Motion, Attendable Petition, or
Original Summons, or Plea, or Demurrer, or before an
Examiner or Commissioner, taking Evidence, per hour
or broken hour,

For the like at the Hearing of the Cause, Claim, Original
or Court Petition, or Special Case, or Plea, or Demurrer,
or on further Directions, except in the Case next herein-
after specified,

For attending and conducting any matter in Court, whe-
ther at Law, in Equity, or elsewhere, under Section
Eight of this Ordinance a Fee, not exceeding,
For every Attendance to instruct Counsel, Consultation,
Conference, Meeting, Search, Inspection, or Reading
over of Documents, per hour or broken hour,
For every Attendance to marshal Evidence or take down
the Statements of a proposed Witness, such Fee as the
Taxing Master shall think fit to allow, not exceeding
for every hour or broken hour,

For every Attendance at Judge's Chambers at any Go-
vernment Office, or at any Public Office not herein-
before provided for, per hour or broken hour,

6.00

3.00

1.50

1.50

0.15

0.18

1.00

2.00

6.00

25.00

2.00

3.00

2.00

ORDINANCES Nos. 14. OF 1856 AND 1. & 3. OF 1857.

For every Attendance beyond Five Miles from Victoria, $cts.
in lieu of the above rates of charge for attendances, but
exclusive of reasonable Expenses, per day,

For every letter, if not charged per folio,
If so charged, for every folio,

For translating any Document, per folio of the Original, -
For draughting in all Cases not herein specified, per folio,
For Messages and Expenses according to the circum-
stances of each Case.

10.00

1.00

0.25

0.25

0.35

No. 1. or 1857.

153

An Ordinance for Intestates Estates.

[3d January, 1857.] RE it enacted by His Excellency the Governor of Hongkong, with the Advice of the Legislative Council thereof, as follows:

BE

I. Has had its effect.

Subsequent
Claims to be
made good out
Revenue of the

of the General

II. The Officer administering the Government of this Colony shall, from Time to Time, as Occasion shall require, repay or make good to any Persons preferring and duly proving their Claims to the same after Confiscation thereof for Colonial Purposes under Section Three of Ordinance No. 6. of 1854, all Funds so confis- Colony. cated; and all Monies in the Treasury forming Part of, or arising from, the general Revenue of the said Colony, shall be applicable in so repaying or making good the same.

Claimants to petition the

III. It shall be lawful for any Claimant, under Section Two of Power to unthis Ordinance, in case his Claim shall not be allowed by the said successful Officer, to present his summary Petition in that Behalf to the Supreme Court in Equity, against the Queen's Attorney-General Supreme Court as Respondent thereto; and if he shall verify his said Claim by in Equity. Evidence to the Satisfaction of the said Supreme Court, it shall be the Duty of the said Court to make such Order in the Premises as Justice shall require; and upon the Application of the same, or any other Claimant or Person, or of the said Attorney-General, from Time to Time to vary the same and to enforce every such Order according to the Practice of the Supreme Court.

No. 3. of 1857.

An Ordinance for extending to this Colony certain Acts of
Parliament.
[14th February, 1857.]

BE

E it enacted by His Excellency the Governor of Hongkong, with the Advice of the Legislative Council thereof, in

Manner following, that is to say :—

I. The Enactments of the Imperial Parliament specified in the Extension of Schedule hereunto annexed are hereby, and from the Day of the Enactments. passing hereof, extended to this Colony and its Dependencies, and

to the Supreme Court of the same; with such Exceptions as are specified in the said Schedule.

II. Rights