18 Feb. 5 66 66 9 15 in the amounts to be found due to the Plaintiffs [or Defendants] [and in costs]. And he ordered that an account should be taken, and referred the same to the registrar [assisted by merchants] to report the amount due, and ordered that all accounts and vouchers, with proofs in support thereof, should be filed within days [or as the case may be]. X.Y. filed statement of claim, with accounts and vouchers in support thereof [numbered 1 to ], and affidavits of [state names of deponents, if any). Y.Z. filed accounts and vouchers [numbered 1 to answer to claim. X.Y. filed notice for hearing of reference. ] in X.Y. [or Y. Z.] filed registrar's [or deputy registrar's] report, &c. Here insert address for service of documents required to be served on the Plaintiffs. -- Here insert address for service of documents rebuired to be served on the Defendants. Note. The above minutes are given as such as might ordinarily be required in an action in rem for damage by collision, where pleadings have been ordered. In some actions many of these minutes would be superfluous. In others additional minutes would be required. SCHEDULE B. Section 254. TABLES OF FEES TO BE TAKEN BY SOLICITORS, COUNSEL, REGISTRAR AND DEPUTY REGISTRARS, SPECIAL OR OTHER EXAMINERS, OFFICIAL REPORTER, MARSHAL AND DEPUTY MARSHALS, APPRAISERS, WITNESSES, AND GOVERNMENT FEE FUND. I. BY THE SOLICITOR. 1. Instructions. 1. Instructions for suit or to defend 2. Instructions for suit or to defend when no warrant is issued 4. Instructions to counsel in common matters 5. Instructions for special affidavit when allowed by taxing officer $3 00 2.00 1 00 0 50 100 150 7. Instructions to amend any pleading when amendment is proper.. 2.00 8. Instructions for special case in course of action to add parties by order 2.00 9. Instructions for brief 2.00 10. Instructions for adding parties in consequence of marriage, death, 1.00 11. Instructions to defend added parties 2.00 12. Instructions for such other important step or proceeding in the action 2.00 2. Writs. 13. All writs (except writs of execution and concurrent writs) (In both cases to include placing the same in the marshal's or deputy 3. Copy and Service of Writs. 20. For copy including copy of notices required to be indorsed 0 50 21. If over 4 folios, for each additional folio 23. Mileage, if over 2 miles, for each additional mile.. 22. Service of each copy (if not done by marshal or deputy marshal or sub- 0 10 100 0 13 24. For service of writ out of jurisdiction, such allowance as judge or 27, Other pleadings per 4. Drawing Pleadings, &c. 25. Statement of claim or defence or statement of defence and counter- 26. For every additional folio folio 2.00 0 20 0 20 28. Special case per folio 0 20 29. Interrogatories, &c., (The above charges do not include engrossing, or copies to file or 30. (In collision cases preliminary acts not exceeding 10 folios 2. 00 0 20 5. Copies of Pleadings, &c. 31. Pleadings, brief and other documents when no other provision is made; for copies properly allowable, per folio 32. Certified copies of pleadings, &c., for use of judge or surrogate 33. For every folio over 20 34. Copies of orders or other documents for service or for filing, per folio. 35. Observations and other original matter in brief, per folio 0 10 2.00 0 10 0 10 0 20 36. Notices, including one copy of appearance when duly entered and notice given on day of appearance, but not otherwise 0 50 37. To consul or officer under Sec. 36 0 50 38. If over 3 folios, each additional folio 0 20 39. Notice to admit and produce, not over 2 folios and one copy 0.50 43. Notice of motion in court or chambers and copy to serve, per folio, including engrossing 0 30 44. Each necessary additional copy of any of above notices for service, per folio... 0 10 45. Notice of discontinuance and one copy 0 50 6. Perusals. 46. Of statement of claim, defence, defence and counterclaim. 1 00 47. Of special case, except the one by whom prepared, when case is submitted in course of cause... 2 00 48. Interrogatories and cross-interrogatories or interrogatories on commission 1 00 (To be increased in discretion of taxing officer to $5.00. 49. Of affidavits of party adverse in interest filed or produced on any appli 1 00 Every folio over 20, per folio 0 05 (Not to exceed in any case $5 00.) 7. Attendances. Necessary attendances consequent upon service of notice to produce or admission In chambers, on return of motion 1 00 50. To be increased by taking officer in a case of special, difficult or im- 2.00 1 00 5 00 2.00 5 00 51. To be inereased in discretion of judge or surrogate to a sum not exceeding 52. On counsel, consultation in special, important or difficult matter.. Solicitor attending court on trial of action, when not himself counsel 53. In special, important or difficult cases, 54. To hear judgment, when not given at close of argument or when judg ment reserved, each attendance.. (Provided such attendance of solicitor and length of time be noted 2.00 55. On taxation of costs. per hour 1. 00 56. On revision of costs, per hour 1.00 57. To obtain or give undertaking to appear, when service accepted by solicitor 1.00 58. Attendance to file or serve.. 0.50 Attendance on appointment of registrar, deputy registrar, or exam- 1 00 2.00 59. To be increased in discretion of surrogate or registrar to.. 60. Every other necessary attendance 0 50 8. Affidavits., 62. Drawing affidavits, per folio 0.20 63. Common affidavits of service to include attendance to swear, and oath, 100 64. Engrossing affidavits to have sworn, per folio 65. Copies of affidavits when necessary, per folio 66. The solicitor for preparing each exhibit.... 010 0 10 0 10 9. Briefs. 67. For drawing briefs, 5 folios or under 68. For each folio above 5..... 69. For drawing brief, per folio, for original and necessary matter 70. Copy of documents other than pleadings, per folio 71. Copy of brief for second counsel, when fee taxed to him, per folio.. Appearance by defendant, including attending to enter same. 72. 73. Drawing minutes of judgment or order, per folio, when prepared by solicitor under directions of judge or surrogate, or registrar or deputy registrar 2.00 0 10 0 20 0 10 0.10 1.00 0.20 0.20 0 20 74. Judgment for non-appearance on specially indorsed writs... 1. 00 1.00 76. When served on more than one party, the extra copies and services are to be allowed. For every hour's attendance before proper officer on settling or passing 1 00 77. To be increased in the discretion of the taxing officer in special and difficult cases, when the solicitor attends personally, to à sum not exceeeding altogether 5.00 11, Letters. 78. Letter to each defendant before suit, only one letter to be allowed to any defendants who are in partnership and when subject of suit relates to the transaction of their partnership... 0.50 ..... 81. Postages the amount actually disbursed. 79. Common letters, including necessary agency letters.. 0.50 2.00 12. Statements. 92. Statements of issues in registrar's or deputy registrar's office when required by them 83. For each folio over 10.......... 2.00 0 20 II. COUNSEL FEES. 84. On argument in chambers in cases proper for the attendance of counsel 86. On special applications to the court,, (to be increased in the discretion of the judge or surrogate only) 87. Fee to be allowed on settling special affidavits used in court (to be increased at the discretion of the registrar or deputy registrar to a sum not exceeding $5.00),. 2.00 2.00 5.00 2.00 88. On special and important points and matters requiring the attendance of counsel, the judge or surrogate, registrar or deputy registrar or special examiner may, in lieu of the fees for attendance, allow a counsel fee when counsel attended the same, (to be noted at the time) not to exceed..... 5 00 89. Fee on consultation when necessary. 90. Fee with brief at trial.... (To be increased by judge or surrogate at his discretion.) 91. To attend reference to registrar or deputy registrar, when counsel (To be increased in special and important matters requiring the atten- III. MISCELLANEOUS. 92. When it has been satisfactorily proved that proceedings have been taken by solicitor out of court to expedite proceedings, save costs, or compromise suits, an allowance is to be made therefor in the discretion of the judge or surrogate. 93. Drawing judge's or surrogate's appointment, and attendance for his sig (When served on more than one party the extra copies and services 94. Drawing bill of costs as between party and party for taxation, includ- 95. Copy, per folio, to serve 96. The registrar or deputy registrar in taxing costs between solicitor and client or between party and party may allow for services rendered, not provided for by this tariff, a reasonable compensation as far as practicable analogous to its provisions, not in any case to exceed the fees allowed for similar services by the tariff of the Supreme Court of Judicature for Ontario, if therein provided for. 5 00 10 00 5.00 1 00 0 30 0.10 IV. COURT FEES. 97. Fee on certified copy of pleading for judge or surrogate... 1.00 1.00 V.-DISBURSEMENTS. 1. Fees to be taken by the Registrar or Deputy Registrar. 102. Filing statement of defence or counterclaim. 0 20 103. Entering and filing all other proceedings and affidavits on production, interrogatories and other depositions or other evidence 0 20 104. Filing other papers 0 10 105. Every instrument under seal of court for which a fee is not specially 109. Every attendance on warrant or appointment, not exceeding one hour 100 110. Every additional hour, or less.. 1.00 111. Filing preliminary acts.. 0 50 112. Filing special case.. 0 50 113. Certificates of not more than 2 folios, to include forwarding same under 118. Drawing report on reference or decree or court order when prepared by registrar or deputy registrar of not more than 3 folios 1.00 119. For each additional folio.... 0 20 120. Each notice from registry not otherwise provided for... 0 25 121. Notice of sale, or notice of proceeding in cause of possession. 122. Each direction to the bank to receive money 075 0.50 123. Fee on filing receipt and papers from deputy registrar on payment into court 0 25 |