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Fees to be

taken in the

Supreme
Court of the
Colony-
Scale of.

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Authority under which furnished.

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Despatch of
Secretary of
State.

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Consolidated
Regulations.

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By whom furnished.

Where the value of the property, claim, or demand :—

does not exceed £10

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Superintendent Chief Justice.

of Police
through Pol-
ice Magis-

trate.

APPENDIX B.

SCALE OF FEES.

All fees, the appropriation of which is not specified, are to be paid into the Treasury.

No fees are to be taken in respect of any proceeding where such fees would be payable by any Government Department; but such fees shall, nevertheless, in all Criminal cases where the same would be ordinarily payable, be taken as paid for the purpose of assessing any costs which the Court shall direct to be paid.

exceeds £10 and does not exceed £25

25

50 100

50

100

200

200

300

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400

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500

500

600

600

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800
900

39

is £1000 or upwards
NOTE. In all cases the value of the property involved
and the amount of damages claimed must be stated
in the writ of summons.

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IN CIVIL MATTERS.

Commencement of Suits.

Registrar and Treasury.
Deputy Regis-

trars.

To whom furnished.

Deputy Regis- Registrar.

trars.

900 1000

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Remarks.

2 6

5

0

0

5 0

0 10 0

0 0

1 10 0 200

2 10 0

3 0 0

In Duplicate.

On Summors. On Hearing.
£ 8.
d. £ s. d.

3 10 0

4 0 0
4 10 0
5 0 0
5 10 0

0 2 6

0 5 0

0 10 0 0

0 15

1 10

2 5 0

3 0 0

3 15 0

4 10 0

5 5 0

600

6 15 0 7 10 0 10 0 0

1 0 0 1 100

0 15 0

Where an injunction is claimed in addition to damages, an extra hearing £ s. d. fee (in addition to that chargeable under the above scale) of ........ On filing any petition or claim to be heard before the Court not otherwise provided for (to include hearing fee)

On issuing writ of habeas corpus
On summons for the administration of the property of a deceased person,
to include hearing

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....

On drawing up administration decree (unless a reference is directed under
Order XXXVIII)

On drawing up order on further consideration where the property administered exceeds £200...

NOTE.-If, at or before the commencement of the hearing, the whole cause of action is admitted, half the hearing fee shall be returned.

Interlocutory.

On setting down a case for Hearing, after being struck out, or adjourned, through the default of any party, one half the Hearing fee, but in no case less than 2s. 6d., to be paid by or recovered from the party in default.

On filing every notice of motion (not specially charged) ......
On filing every Affidavit (including all exhibits thereto) or any other
document not specially charged

On every order to show cause

....

On every other order drawn up by direction of the Court not being a non-suit or judgment

......

.....

On every subpœna

....

On application for warrant to arrest absconding Defendant, or for interim attachment of property

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On warrant of attachment against property where the value is less than £50.

....

Review and Special Case.

On motion for review of Judgment if amount involved is under £50
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in every other case
On settling every special case, from each party
On setting same down for hearing
On every new trial, an additional hearing fee shall be taken.

.....

...

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against property for £50 and upwards

On every warrant of arrest and impri onment (Form A 31)

On every summons for the release of property from attachment

....

....

Proceedings to enforce Decrees and Orders.
On every judgment debtor summons, to include hearing
On every warrant of arrest and commitment (Form A 26)
On every warrant of execution or sequestration against property for less
than £50

....

0 10 0 0 10 0

0 10 0

0 10 0

100

026

Do.
where the value is £50 or upwards
On application for warrant for detention of a ship
On warrant for detention of a ship ...
On application for writ of foreign attachment
On writ of foreign attachment

......

Where an inquiry is directed and is ordered to be made by an Officer of the Court, on each sitting or adjourned sitting (to include any report) 0 10 0 Where an account is directed to be taken by an Officer of the Court, on every £50 or part thereof of the amount found to have been received without deducting any payment (to include any report)

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.... 0 5 0

0 10 0 050 1 0 0

026 020

050 0 10 0 050 0 26

Interpretation.

For interpreting any language except one in common use in the district, £ s. d. for each day or part of a day such fee as the Court may think proper, not exceeding.

1 0 0

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On filing application for probate or administration
On filing oath of Executor or Administrator.....
On taking justification of sureties, for each surety
On filing Administration bond..

......

....

Probate and Administration.

On every citation

On filing petition...

On filing answer or further pleading

....

On Probate or Letters of Administration where the value of the property in respect of which the grant is made:-

does not exceed £25.....

exceeds £25 and does not exceed £50

exceeds £50, for each £50 or fractional part thereof....

........

On inventory of property when directed to be taken by an officer of the
Court, for the first three hours or part thereof
for every subsequent hour or part thereof
On application for leave to search index to Grants
On application for leave to inspect Grants

Do.

On deposit of original Will for safe custody (O. L., R. 18, S.C.O.) ... NOTE.-Under s. 39 of the Marriage Ordinance, under certain circumstances both real and personal property must be taken into account in assessing the duty payable on a Grant of Administration.

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Divorce.

From D. C.
£ s. d.

0 5 0

0 2 6

0

5

004
0

0 1

004

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Every personal arrest

Execution of any writ against property ....

From Judge. £ s. d.

1 0 0

0 10 0

1 0 0

On setting down case for hearing...

NOTE. All other fees, sanctioned by the Court, and not specifically provided for in this scale, shall be charged in conformity with the law and practice for the time being in force in England.

Service.

Service of a summons or any document under any branch of the Civil
Jurisdiction

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1 0 0

...

0 2 0 016

In cases of difficulty or where the property is of large amount the Court £ s. d. may authorise a larger fee not exceeding Every man in possession, when necessary, for the first three days, each.. For every subsequent day Every sale under execution, including the receipt of the purchase money and delivery of the property, where the property sold does not produce more than £300, 5 per cent.; £400, 4 per cent; £500, 3 per cent.; and where it exceeds £500, 2 per cent.

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When a constable or messenger executes any duty under this head at a greater distance than one mile and a half (English) from the Court, he is entitled, in addition to the specified fees, to receive for every further complete mile less than five miles (one way)

If beyond five miles, at the rate of 2s. 6d. a day for time necessarily occupied in travelling.

Where the Sheriff or Registrar executes any duty in person by the direction of the Court, he is entitled in lieu of mileage to his actual travelling expenses.

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For any duty not herein provided for, the Officer may receive such fee as the Court may allow.

NOTE.-Where an Officer serves more than one Writ upon the same route, one mileage rate only is to be charged and apportioned upon the writs.

The fees under the head of "Service" shall be received by the Registrar for the use of the officers charged with the performance of the particular services.

Officers of Court.

For taking statement of party, when directed by the Court, according to circumstances as the Court may allow, 28. to 108.

Miscellaneous.

For drawing bill of costs when directed by the Court, per folio of 72 words 0 0 6 Taxing costs when directed by the Court, where the amount of the bill delivered does not exceed £5......

....

020 0

0 4

....

And for every additional £5 or fractional part thereof
Making copy of any document when authorised by the Court per folio of
72 words
... 0
NOTE. The fees under the head of "Officers of Court" shall be paid
into the Treasury, and form part of the general revenue of the
Colony. (17th February, 1902.)

....

....

.........

Commission to take evidence out of the jurisdiction.. Do. within the jurisdiction For taking the acknowledgment of a married woman 1 0 0 On swearing every affidavit in a proceeding in Court, for each deponent.. 0 1 0 On swearing every affidavit (other than those required by s. 17 of the Sales by Auction Ordinance) not in a proceeding in Court, for each deponent

... 0 2 0 On making a declaration (except where required by the regulations of a Government Department)

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On marking every exhibit or document annexed to any affidavit or declaration ....

On attesting the execution or signature by any party of any deed or instrument (other than agreements under the "Master and Servant Ordinance") not expressly provided for....

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On affixing the seal of the Court to any document not in a proceeding..
For certifying a copy of any document as an office copy, for every folio
of 72 words or part thereof
On granting certificate of purchase of land sold in execution of decree ..
On appointment as Commissioner to administer oaths, &c. ......

0 0 6

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1 0 0

0 5 0

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IN CRIMINAL MATTERS.

On every summons (to include hearing fee)

On every warrant to arrest (unless specially directed by the Court to be issued)

On each recognizance (except to prosecute or give evidence)

Warrant to levy on property...

NOTE.-The Court may direct repayment, if it sees fit, of any fees paid in a Criminal Proceeding.

INQUESTS.

Fees to Medical Practitioners.

On examination of the body, reporting thereon, and giving evidence at the Inquest

On every dissection, if necessary, in addition

On attending Inquest to give evidence each day after the first..
NOTE. These fees, together with necessary travelling expenses (if any),
shall be paid out of the Colonial Treasury to the persons entitled
thereto under the 218th section of the Criminal Procedure Ordi-
nance; but none of the above fees are payable to Government
Officers for services rendered at any Inquest on any prisoner or
person confined in a Lunatic Asylum, except that where a post
mortem examination is made by direction of the Coroner there shall
be payable a fee of one Guinea.

....

In all cases the Coroner shall certify (in addition to the performance of the service) whether the deceased was, or was not, at the time of his death, a prisoner or confined in a Lunatic Asylum. For further directions, see Consolidated Regulations, sub tit. "Coroner."

ALLOWANCES TO WITNESSES.

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Per diem.

1 1 0

Professional men
Gentlemen, Merchants, Auctioneers
Native Chiefs and Captains ...

0 10 6

from 5s. to 0 10 6

Master Tradesmen, Pilots, Clerks..

0 5 0 0 2 0

Artizans and Journeymen.

Servants, Labourers, Canoemen, and the like

0 1 0
5 0

Women, according to station
..from 1s. to 0
NOTE.—The travelling expenses of witnesses shall be allowed according
to the sums reasonably and actually paid.

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