SUPREME COURT FEES (IN PRIZE) ORDER

SUPREME COURT FEES (IN PRIZE) ORDER

2. The total in any bill of costs or fees of a solicitor (as distinct
from payments) in respect of business done in any cause or matter in
the Supreme Court on or after the 30th day of November, 1946, shall be
increased by 661% (of which the second moiety shall continue in
Operation only until 31st December, 1951), over and above the scale of
allowances ill force on the 8th day of December, and 1941

such increase shall be allowed upon taxation of costs in respect of any
such business as well between party and party 'is between solicitor
and client, and shall apply to the bills of.' costs of the Crown Solicitor
or Assistant Crown Solicitor.

3. These rules shall not apply to bills of costs which have prior to
the date on which these rules come into operation already been
delivered to the client chargeable herewith or to the person chargeable
herewith or liable therefor or to bills which have already been taxed and
certified or allowed

4. These rules shall be read and construed as one with the Costs
(Increase) Rules and the Supreme Court Fees Rules.

SUPREME COURT FEES (IN PRIZE) ORDER.

(Cap. 4, section 37).
(Ordinance No. 3 Of 1873.

[30th April, 1940.1

1 This order may be cited as the Supreme Court Fees (In Prize)
Order.

2. The fees respectively specified in the Schedule are fixed and
appointed to be and shall be taken in the Supreme Court in Prize; and
the said fees shall be taken by adhesive stamps.

3. For the purpose of this order a folio shall be deemed to consist
Of 72 words, each figure being counted as a word.





4. This order shall come into force oil the day when the approval
thereof by the King's Most Excellent Majesty in Council has been
signified and shall apply to all causes and matters commenced on and
after the said day, and to all proceedings taken on and after the said
day in all causes and matters of Prize then pending.

SCHEDULE.

Summonses, Notices, Commissions and Warrants.



1. On sealing a writ for commencement of a cause 24.00
2. On sealing an amended writ for commencement of a
cause ..............................4.00
3. On sealing a subpoena, for each witness 2.00
4. On sealing or issuing a summons .4.00
5. On filing a notice to have, a reference to the Registrar
placed in the list for hearing .....12.00
6. On a notice for the issue of any instrument under the
seal of the court ..................16.00
7. On a commission or letter of request 32.00
8. On marking a copy of a petition of right for service 6.00
9. On filing a notice to enter or withdraw a caveat 6.00

Appearances.

10. On entering an appearance or amending the same, for

each person .................... 2.00

Copies.

11. On a copy of a written deposition of a witness to
enable a party to print the same, for each folio .40
12. On examining a written or printed copy, and marking

or sealing same as an office copy, for each folio .20
13. On making a copy' and. marking. same as an office copy,
for each folio ......................50
14. On a copy in a foreign language-the actual cost.
15. On a copy of a plan, map, section, drawing, photograph
or diagram - the actual cost.
16. On a printed copy of an order, not being an office or
certified copy, for each folio .....A(

Attendances.
17. On any application, with or without a subpoena, for any officer to
attend as a witness, or to produce records or documents to be
given in evidence (in addition to the reasonable expenses of
the officer), for each day or part of a day he shall necessarily
be absent

from his office.................................................................. 32.00





The officer may require a deposit of stamps on account
of any further fees, and a deposit of money on account of
any further expenses which may probably become payable
beyond the amount paid for fees and expenses on the
application, and the officer or his clerk taking such deposit
shall thereupon make a memorandum thereof on the
application.

Oaths, etc.

18. On swearing an affidavit or making a declaration, for
each person making the same .........2.00
19. And in addition thereto for each exhibit therein
referred to and required to be marked 1.00
Filing.
20. On filing a petition of right ...24.00
21. For every instrument or document (other than an
exhibit, or any instrument or document previously
issued from the Registry or the Marshal's office)
unless otherwise provided ...........4.00
22. On an application to search for an appearance or an
affidavit, and inspecting the same ..1.00
23. On an application to search an index, and inspect a
pleading, judgment, decree, order, minute or other
record, unless otherwise expressly provided for by
any Act of Parliament, Ordinance or this Order,
for each hour or part of an hour. occupied 2.00

24........................Not exceeding one day 8.00

Examination of Witnesses.

25. On the issue for an order for an examination to be

taken before the Judge, Registrar or examiner, or
for letters of request .......4.00
..............................from

26. For examining aitnesses, except by the Judge or 33.00

Registrar, viva voce, per day or part of a day to
.....................................65.00
27. On an examination of witnesses by any examiner at
a greater distance than three miles from the Re-
gistry, a reasonable sum for travelling and other
expenses in addition.
The officer may require a deposit of stamps
on account of fees and a deposit of money on
account of expenses which may probably become
payable beyond any amount paid for fees 'and
expenses upon the examination, and the officer, or
his clerk, taking such deposit shall thereupon make
a memorandum thereof and deliver the same to the
party making the deposit.
The officer may also require an undertaking, in
writing, to pay any further fees and expenses
which may become payable beyond the amount so
paid and deposited.
28. For the examination of witnesses by the Judge or Re-
gistrar, whether by interpretation or not, for each
witness .............................16.00
29. For preparing affidavits as to ship papers (aircraft
papers), for every folio ............*2.00

30. For sorting and numbering ship papers (aircraft papers) 8.00











Hearing.
................................... 0
31. On entering or setting down, or re-entering or resetting
down, any cause or matter for hearing 32.00
32. On writing for the attendance of assessors on the
hearing ...........................8.00
33. On setting down any petition or a reference 8.00

Judgments, Decrees, and Orders.

On drawing up and entering decrees and orders-
34. If made. in court on the hearing of a cause, or on the
hearing of a petition ...............32.00
35. If an order of course on a petition of right 8.00
36. If an order for a commission on a petition of right 16.00
37. On any other order including a consent or agreement
filed pursuant to Order XXIII, and filing same 8.00
38. On a memorandum to enter an order nunc pro tune. 4.00

On References before a Registrar.

39. On any reference to the Registrar, including examina-
tion of witnesses, if any, having regard to the 16.00
nature and importance of the accounts and other to
matters, and to the time occupied.250.00
39A. If the reference occupies more than one day, for each
additional day or part thereof a further fee not

exceeding ......................250.00
................................16.00

40. If the attendance of one or more merchants is required, to
for each merchant the same fees as to the Registrar. 250.00
In cases of great intricacy, or very large
amount, occupying more than one full day, larger
fees may be taken.
The fees Nos. 39-40 inclusive, shall be paid in
the first instance by the party setting down the
reference for hearing, as hereinafter provided:
To the notice mentioned in Order XVII, rule
3, the party setting down shall affix the stamp for
the reference, and, if the Registrar shall so re-
quire, a deposit in stamps to an amount which in
the opinion of the Registrar will cover the refer-
ence fees. If any further amount becomes due in
respect of the proceedings, such amount shall be
paid by the said party, on the report of the result
of the reference, or if no report is made, on the
completion of the proceedings on the reference,
or if not completed, a due proportion shall be
paid on so much of the proceedings as shall have
taken place, the amount to be fixed by the Re-
gistrar. Such further amounts shall be paid by
stamps impressed upon or affixed to a memoran-
dum stating on what account such fees are paid.

In the, Marshal's Office.

41. On the execution of a warrant or on taking possession
of a ship (aircraft) in pursuance of section 16 of
the Naval Prize Act ...............32.00
42. On the execution of an attachment, for every person

attached................................................................................ 16.00





43. On the execution of any decree, order, commission or
other instrument, other than those herein provided
for, which is required to be executed by a Marshal 16.00

44. On attending, appointing and swearing appraisers 16.00
45. On delivering up a ship (aircraft) or goods to a pur-
.chaser agreeably to the inventory 32.00
46. On attending the unlivery of cargo, or sale or removal
of a ship (aircraft) or goods, per day 32.00
47. On retaining possession of a ship (aircraft), with or
without cargo, the expenses per day in respect of
a shipkeeper (aircraft keeper).
The Marshall shall be entitled to his reason-
able expenses for travelling. board and mainten ance in
addition to the above fees.
48. 0 n the sale of any ship (aircraft) or goods sold pur-
suant to a decree or order of the court, for every
$1,000 or fraction of $1,000 gross proceeds
realized ..........................10.00
49. On the release of any ship (aircraft), goods or person
from arrest .......................32.00

Taxation of Costs.

50. On taxing a bill of costs where the amount allowed
does not exceed $100 ...............2.50

51. Where the amount exceeds $100, for every $100

allowed or a fraction thereof ......2.50
On Proceedings in the Accounts Office of
the Supreme Court.
52. On a certificate of the amount and description of any
money, funds or securities, including the request
therefor ...........................1.50
53. On a transcript of an account for each opening, includ-
ing the request therefor ...........1.50
54. On a request to the Accountant General. the Registrar
or other official for any of the following purposes:
paying, lodging, transferring or depositing money,
funds or securities in court without an order, or
money in addition to the amount directed by an
order to be paid in; paying out of court any
money without an order or a certificate of a taxing
officer; information in writing in respect of any
money, funds or securities, or any transaction in
the accounts office ................1.50
55. On a request for information respecting any money,
funds, or securities to the credit of any cause or
matter contained in any list prepared by the
accountant of causes and matters to the credit of
which any money, funds or securities have not
been dealt with during 15 years ....2.00
56. On an affidavit for the purpose of paying, transferring
or depositing any money, funds or securities in
court pursuant to the Trustee Ordinance (Chapter
28 of the Revised Edition) .........1.00
57. On preparing a power of attorney 4.00

Miscellaneous

58. On a fiat of a Judge ...........4.00
59. On signing, setting or approving an advertisement 8.00





60. On taking a recognizance or bond whether one or more

than one recognizor or obligor, and whether

entered into by all at one time or not 8.00
61. On assignment of a bond ........4.00
62. By a Commissioner on taking bail 16.00
63. On a commitment ................4.00
64. On registering in the Registry a power of attorney for
a King's ship, generally and a copy thereof for the
accountant general of the Navy .....24.00
65. On registering same specially ..8.00
66. On taking accounts by the Registrar in naval prize

matters ........................... 4.00

67. On an inspection of the Register of Bail Bonds l^

CODE OF CIVIL PROCEDURE AND
RULES OF COURT.

ARRANGEMENT OF ORDERS AND RULES.

PART I.-INTRODUCTORY.

Page.

Order 1 . ............... ... ... 44-45

PART II-ACTIONS IN GENERAL.

Order II.-Institution of Action.

Writ of summons ....................... ... ... ... ... 45-47

Specially indorsed writ .................. 1 ... 47-50

Concurrent writs ...................... ... ... ... ... 50

Originating summons ................... ... ... ... ... 51

Provisions relating to solicitors ........ ... ... ... ... 51-52
Service of process in general ............ ... ... ... 52

Service of process in particular cases ... ... ... ... ... 53-54

Service out of the jurisdiction ....... ... ... ... ... ... 54

Service of process for foreign tribunals ... ... ... ... 57-58

Variation of order for service, etc . ... ... ... ... ... 59

Summoning defendant ...................... ... ... ... 59.
Appearance of defendant .................. ... ... ... ... 60
Default of appearance .................... ... ... ... ... 60-61

Order III-Parties.

Parties in general .................... ... ... ... ... 61-64

Persons under disability .............. ... ... ... ... 65-66
Administrations and trusts ............ ... ... ... 66-69

Third party procedure .................... ... ... 70-74







Change of parties by marriage, etc. 74-76

Order IV-Joinder of Causes of Action ... 77-78
G.N.A. 313/48. G.N.A. 268/49. G.N.A. 271/50. G.N. 1581/41.

G.N.A. 313/48. G.N.A. 268/49. G.N.A. 271/50. G.N. 1581/41.

https://oelawhk.lib.hku.hk/items/show/1644

1950

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