SUPREME COURT FEES (IN PRIZE) ORDER

SUPREME COURT FEES (IN PRIZE) ORDER

SUPREME COURT FEES (IN PRIZE) ORDER.

(Cap. 4, section 38).

[19th December, 1941.]

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 apply to all causes and matters of Prize.

SCHEDULE.

SUMMONSES, NOTICES, COMMISSIONS AND WARRANTS

1............On scaling 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 scaling 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
scaling 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 .....10





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 witnesses, except by the Judge or Registrar, 33.00

viva voce, per day or part of a day to
.................................65.00

27. On an examination tnesses by any examine at a

of withnesses






greater distance than three miles from the Registry, 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

Registrar, 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.

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
JUDGNIENTS, 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 examination
of witnesses, if any, having regard to the nature and 16.00
importance of the accounts and other matters, and to
to
the time occupied. 250.00
40. If the reference occupies more than one day, for each
additional day or part thereof a further fee not

exceeding ......................250.00

41.If the attendance of one or more merchants or other suitable 16.00
persons is required, for each merchant or such person the to

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. 39-41 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 require, a







Order XVII, rule 3, and Order XIII, see S.R. 0. 1939 No. 1466.





S

deposit in stamps to an amount which in the opinion of the
Registrar will cover the reference 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
Registrar. Such further amounts shall be paid by stamps
impressed upon or affixed to a memorandum stating on what
account such fees are paid.

IN THE MARSHAL'S OFFICE.

42.................................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
43.................................On the execution of an attachment, for every person
attached .........................16.00
44.................................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
45.................................On attending, appointing and swearing appraisers 16.00
46.................................On delivering up a ship (aircraft) or goods to a purchaser
agreeably to the inventory .......32.00
47.................................On attending the unlivery of cargo, or sale or removal of
a ship (aircraft) or goods, per day 32.00

48. On retaining possession of a ship (aircraft), with or

without cargo, the expenses per day in respect of a
shipkeeper (aircraft keeper).
1 The Marshal shall be entitled to his reasonable
expenses for travelling, board and maintenance, in
addition to the above fees.
49.................................On the sale of any ship (aircraft) or goods sold pursuant
to a decree or order of the court, for every 51,000 or
fraction of $1,000 gross proceeds realized 10.00
50.................................On the release of any ship (aircraft), goods or person
from arrest ......................32.00

TAXATION OF COSTS.

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

52.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.
53...................................On a certificate of the amount and description of any
money, funds or securities, including the request
therefor ..........................1.50
54...................................On a transcript of an account for each opening, including
the request therefor ..............1.50

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

56.................................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
57.................................On an affidavit for the purpose of paying, transferring or
depositing any money, funds or securities in court
pursuant to the Trustee Ordinance (Chapter 29) 1.00
58.................................On preparing a power of attorney 4.00

MISCELLANEOUS.

59.................................On a fiat of a Judge 4.00
60.................................On signing, setting or approving an advertisement 8.00
61.................................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
62.................................On assignment of a bond 4.00
63.................................By a Commissioner on taking bail 16.00
64.................................On a commitment 4.00
65.................................On registering in the Registry a power of attorney for
a Queen's ship generally and a copy thereof for the
accountant general of the Navy ...24.00
66.................................On registering same specially 8.00
67.................................On taking accounts by the, Registrar in naval prize
matters ..........................4.00

68. On an inspection of the Register of Bail Bonds 1.00
G.N. 1581/41. Citation. Fees payable in the Supreme Court in Prize. Meaning of folio. Application.

G.N. 1581/41. Citation. Fees payable in the Supreme Court in Prize. Meaning of folio. Application.

https://oelawhk.lib.hku.hk/items/show/2201

1964

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