FEES AND COSTS ORDINANCE

FEES AND COSTS ORDINANCE

Fees and Costs.

No. 14 of 1856.

An Orilinance for Fees and Costs.

[31st July, 1856.]

MTHEREIS no provision bath been hitherto made by the Legislature of this
Co- I'vea able.
lony for~the ascertaining of Court and other fees and costs in Equity
proceed-
ings, and some of the said fees, as hitherto levied, are illegal: And
whereas the late
reformation in procedure at law, and in Equity, and practice in general,
maketh further
legislation with respect to fees, costs, and taxation desirable:

Be it enacted and ordained by His Excellency the Governor of Hongkong,
with
the advice of the Legislative Council thereof, as follows:

1. The three schedules to this Ordinance annexed shall be deemed to be
incorpo-
rated therewith, and (except where otherwise expressed) shall be
interpreted in manner,
following, that is to say: The first and third schedules respectively, as
relating exclu-
sively to proceedings on the Equity side of the Supreme Court of
Hongkong, or to bu-
siness done or to be done in the practice of conveyancing: And the second
schedule,
as relating to all proceedings whatsoever at Law or in Equity in the said
Court, not
being proceedings before the summary jurisdiction thereof, nor
proceedings by way of
appeal in rating cases; and also to business done or to be done in the
practice of con-
veyancing :-Yet so as that, where any of the particulars in the said
three schedules
severally entered sball appear to be thereby respectively extended to
other matters or
occasions, or limited to some special matters or occasions, the same
shall be so inter-
preted accordingly.

2. From and after the passing of this Ordinance, it shall not be lawful
to ask or
receive, in respect to any proceedings in equity or conveyancing
business, any fees or
payments of Court or of office other than according to the rates and
conditions in the
said [' First' as amended by Ordinance No. 7 of 1857) schedule expressed,
save that
the Registrar of the said Court is hereby empowered to remit or reduce
all or any of such
fees or payments, in any case where good and sucient ground shall have
been shown to
his satisfactionfor such remission or reduction. [Repealed by Ordinance
No. 4 of 1857.]
Such contracts
may be allowed
b the Taxing
Vaster.

Discretion as to
counsel's fees in
summary
.Jurisdiction or
'agletratea'
Courts.

ORDINANCE 'No. 14 of 1856.

Fees and Costs.

Coats; se, not to 3. The rates, conditions and limitations, contained in
the said second acid third
`~excee4 the rates
rn.the second schedules respectively, shall be strictly obeyed and
enforced at the taxation of costs and
And third
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 be forthwith 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-
epeelnl written
.~ontraota. 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.]

8. Upon strict proof made to the Taxing Master of any such contract, it
shall be
his duty to give effect thereto, or to so much thereof as he shall esteem
reasonable;

and h© shall make his allocatur or certificate ac;eordingly. [Repealed by
Ordinance NO.
4 of 1857.]

7, The allowance of fees payable to barristers for attending for the
plaintiff ox
defendant before the summary jurisdiction of the Supreme Court, or for
any party in
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:

AttornlesmnY $, It shall be the duty of an attorney, if so required by his
client, to appear for
conduct cases
upon
default of him in Court and conduct his case in person in any matter
soever, whether criminal or

counsel. civil,

Js« era. rvo. z ar , and in what Court soever, if the said attorney shall
be unable, after tender made
nas~a.) 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.

'Transistor's tees. g, 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 deco-
meat, whether at law or in equity or elsewhere.

]lights of
paupers.

10. Nothing herein contained shall prejudice paupers in respect of their
right of
proceeding without fee or reward.,

Indemnity in 1'1. All decrees and. decretal orders touching. the payment
of any costs or charges
case of former
pquroctyeedings in in Equity, and all allowancesor certificates thereof,
and all payments under their author-

ity at any time made before the passing of this Ordinance, are hereby
ordained -to li3
ORDINANCE No. 14 of 1856.

Tees and Costs.

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 of
allowances or certi-
ficates, and the personal liabilities of any member of the said Court, or
of any such
Taxing Master, for or in respect of the same.

12. Costs of procedure shall be recoverable by or on behalf of the Crown
upon
-every judgment or decree at Law, in Equity, or in the Admiralty or
Ecclesiastical juris-
-diction of the Supreme Court, whereby any real or personal estate or any
forfeiture or
money penalty shall have been adjudged to belong or awarded to the Crown.
[Repea.l-
.ed by Ordinance No. 4 of 1857.)

Costs payable
to the Crown.

THE FIRST SCHEDULE TO WHICH THE FOREGOING ORDINANCE REFERS. (See ard.
Vo.aoI
ISM K. 1a.>

COURT FEES.

For filing a bill or information, -.

For filing a claim, special case, caveat, supplemental statement, or
statement for revivor, .........
For filing every attendable petition, . ..... :.
For filing every nonattendable petition, .
For issuing every original or Judge's summons, .
.................................
For issuing every other summons, .
..............................................................
For issuing every warrant, . ...........................
For entering every appearance, whether to a bill, summons, or claim, at
the rate for every three
defendants, or a broken number if less than three,
.......................................................
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, whother 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,
..........................................................................
.....
For every witness examined in the office of the Registrar, 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, .. .
..........................................................................
.

For every witness examined out of the jurisdiction, per day, including as
aforesaid, but besides

4.00
1.00
2.50
0.75
1.00
0.50
0.50

?.00
2.00
4.00
Loo
1.50
1.50
LUO
2.00

(i.00

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,
...........................................
For filing every affidavit with or without exhibits annexed,
.................................................
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, . . .............................. ,
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, . . :

4.00
0.50
0.50
L60
0.15
1.00

2.00
ORDINANCE: i~o: 14 or, `1$56:

Fees and Costs.

For every bill of costs taxed, per centum,
........................................................................
For every certificate of the Taxing Master or of the Judge's clerk
(including signing), ............

For every other certificate, including signing,
......................................................

For every advertisement prepared and punished besides the expense
thereof, ......

For entering every notice of motion,
...................................................

Nor entering or filing any document not specified in this scliedule,
.......................................
For entering or setting down any cause, claim, petition, or special case
for hearing before the
Court, including the hearing,
..........................................................................
..........
For every decree or decretal order drawn up and entered, including the
minutes thereof, .........
For every interlocutory order when not of course, but relating to the
conduct of a suit or matter
drawn up and entered, . :
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, ....

THE SECOND SC.1TEDULE TO WHICH TILE FOREGOING ORDINANCE REFERS.

# etF..

5.00
4.00
1.00
2.00
1.00,
1.00

2.00
4.00

1.00
0.50
4.00
2.00

COUNSELS' FEES. $ ets..

Retainer in any matter at Law, in Equity, or in the Ecclesiastical or
Admiralty Jurisdiction, ... 10.00

perusing, settling, drawing, or advising on any pleadings or evidence
either at law or in equity,
or any deeds, wills or judgments or papers, according to,the amount of
labour ibestowed,-
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 hereinafter
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

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 substitute 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 conference;
or in any proceeding
before the Court, and whether at Law or in Equity or elsewhere.

No fee to be allowed to a junior counsel in any case except upon good
grounds shown to the sa-
tisfaction of the Taxing Master.

Refreshers arc 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 receive 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 firat.day, of : ...........

10.00
5.00
25.0(1'
ORDINANCE No. 14 OF 1856:

Fees and Costs.

THE THIRD SCHEDULE TO WHICH THE FOREGOING ORDINANCE REFERS.

CtR.

4.00

SOLICITORS' COSTS.

Instructions to sue or defend
..........................................................................
.................
Instructions to prepare bill, claim, original petition, special case, or
original summons or answer

plea or demurrer or to advise thereon (including the perusal of papers),
(i.00
For entering appearance in the cases aforesaid (including instructions to
appear) if for less than

three defendants, ...

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 scaling and issuing) or answer, plea, or demurrer, a fee to be
regulated by the
volume of instructions, the nature and difficulties of the easy, and the
work performed.

For preparing, filling up, scaling and leaving any other summons, 1.50

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 aleck 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 appointments, . ,

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
hereinafter specified,...

For attending and conducting any matter, in Court whether at law, in
equity, or elsewhere,
under section 8 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 Lour, , ,

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 qllow, not exceeding fur
every hour or

broken hour . , ,

For every attendance at Judge's chambers at any Government Office or at
any public office not
hereiubefore provided for, per hour or broken liour,
. ................. ................. ........

1'or every attendance beyond five miles from Victoria, in lien of the
above rates of charge for
attendances, but exclusive of reasonable expenses, per day
...........................................

For every letter, if not charged per folio
.........................................................................

0.1N

0.18

6.00

2;1.00

2.00

3.00

2.00

10.00

1.00

If so charged, for every folio, . 0.20

0.2:i
0.33

For translating any document, per folio of the original ... I

For draughting in all cases not herein specified, per folio,
..,................................................
For messages and exl:enses according to the circumstances of each case,

[Repealed by Ordinance No. 4 of 1887.
359

Preamble.
The three schedules to be incorporated with the Ordinance and to be interpreted as herein mentioned. [See Ord. No. 7 of 1862.]
Court fees not to exceed the rates in the first schedule.
[See also Ord. No. 15 of 1856.]
Costs, &c. not to exceed the rates in the second adn third schedules.
One uniform rule of taxation.
Reservation of special written contracts.
Such contracts may be allowed by the Taxing Master.
Discretion as to counsel's fee in summary jurisdictions or Magistrates' Courts.
Attornies may conduct cases in Court upon default of counsel. [See Ord. No. 7 of 1862.]
Translator's fees.
Rights of papers.
Indemnity in case of former proceedings on Equity.
Costs payable to the Crown.
(See Ord. No. 3 of 1858 s. 13.)

359

Preamble.
The three schedules to be incorporated with the Ordinance and to be interpreted as herein mentioned. [See Ord. No. 7 of 1862.]
Court fees not to exceed the rates in the first schedule.
[See also Ord. No. 15 of 1856.]
Costs, &c. not to exceed the rates in the second adn third schedules.
One uniform rule of taxation.
Reservation of special written contracts.
Such contracts may be allowed by the Taxing Master.
Discretion as to counsel's fee in summary jurisdictions or Magistrates' Courts.
Attornies may conduct cases in Court upon default of counsel. [See Ord. No. 7 of 1862.]
Translator's fees.
Rights of papers.
Indemnity in case of former proceedings on Equity.
Costs payable to the Crown.
(See Ord. No. 3 of 1858 s. 13.)

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1890

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No. 14 of 1856

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