Clerk of Records and Writs is, at the request of any solicitor, or any party acting in person, in the suit or matter, to mark a copy.

On production of such copy of the certificate, the officers of the Court are to receive and file all proceedings in the suit or matter bearing stamps according to the Lower Scale.

In any case certified for the Lower Scale of Court fees in which it shall happen that the solicitor shall become entitled to charge and be allowed only according to the Lower Scale of solicitors' fees, the deficiency in the fees of Court is to be made good.

In any case in which the fees of Court have been paid upon the Higher Scale, and in which it shall happen that the solicitor shall become entitled to charge and be allowed only according to the Lower

Scale of solicitors' fees, the excess of fees of Court so paid may be allowed upon the taxation of costs, if the circumstances of the case shall, in the judgment of the Taxing Master, justify such allowance.

This Order is to come into operation on the 1st day of February 1857.

Form of Certificate for paying the Lower Scale of
Court Fees.

(Title of Cause or Matter.)

I hereby certify that, to the best of my judgment and belief, the Lower Scale of fees of Court is applicable to this case. Dated, &c. A.B.

THE FIRST SCHEDULE.

Solicitor for

SCHEDULE OF FEES AND CHARGES TO BE ALLOWED TO SOLICITORS.

INSTRUCTIONS.

Lower Scale. Higher Scale.
L. s. d. £. s. d.

For claims, original summons in chambers, special cases, answers, examinations, demurrers, pleas, and exceptions

0 13 4
0 13

0 6

...

...

0 13

0 6

For special petitions

For special affidavits

0 6

44848∞∞

To defend proceedings commenced by bill, claim, special case, petition, or original

For brief in a suit by bill, on cause coming on for hearing, to be charged on service
of notice of motion for a decree or on service of subpœna to hear judgment
For brief on claim, to include all observations

For ditto to move for leave to file

For instructions to order to revive or add parties
As to bills and answers, examinations, affidavits, and petitions, when the larger scale is appli-
cable, in lieu of the fixed fees for instructions for and for drawing, the Taxing Master is to
be at liberty to take into his consideration the special circumstances of each case, and at his
discretion to make such allowances for work, labour, and expenses properly performed and
incurred in or about the preparation of the bill or answer, examination, affidavit, or petition,
as shall appear to him to be just, having regard to the length of the document, the nature of
the suit, the interests of the parties, and the fund or person from which or by whom the costs
are to be paid.

THE PREPARATION OF PLEADINGS AND OTHER DOCUMENTS.
(The Chancery folio to be 72 words and the sheet 10 folios.)
For drawing bills, special cases, answers, pleas, demurrers, exceptions, interrogatories,
petitions, and affidavits, per folio

For drawing statements and other documents for the Judge's or Master's chambers,
when required, including the fair copy thereof to leave in chambers
For the like drawing when the larger scale is applicable
For fair copy thereof to be left in chambers

For drawing all advertisements to be signed by the Master or Judge's clerk, includ-
ing the attendance thereon ...

For drawing request to the Accountant General to lay out cash
For ditto for every carrying over of cash or stock

For drawing such observations for counsel to accompany brief (except on claims) as may be necessary and proper, per sheet

...

For drawing the brief on further consideration, per sheet
For preparing and filing replication

...

...

...

Lower Scale. Higher Scale.

£. s. d. £. s. d.

0

0

For drawing statement on which counsel to move for order to revive or add parties, and copy

Or, according to circumstances, at per sheet

For drawing petition to revive, at per folio

...

For preparing an original summons for the purpose of proceedings originating in chambers

For endorsing an original summons and the copies under Order VI. of 16th of
October 1852, and attending to get same sealed

3 3 0.

8 0 13

8 0 13 4

For preparing every other summons, and attending to get same filled up and sealed at chambers...

For drawing bills of costs, including the copy for the Master's office, per folio
For certifying proceeding under lower scale of court fees

The fee for drawing a document in all cases includes a copy, if required, for the use of the solicitor or client, or for the settlement of counsel.

8

010

For perusing all special affidavits filed by an opposing party, at per folio
For perusing copy supplemental statement, under 15 & 16 Vict. c. 86. s. 53
For perusing copy order to revive

...

...

...

The fees for perusal are not to apply where the same solicitor is for both parties.

4488

9900

0

6

6

Having regard to the preceding fees for perusal, the fee for "abbreviating" is to cease, and no close copies are now to be allowed as of course, but the allowance is to depend on the propriety of making the copy, which in each case is to be shewn and considered.

For attending each counsel with his brief, case, or abstract, in a suit or other proceeding in this court

06 8

0 6

...

...

...

0 13 4

...

...

1

1

...

2 2

...

...

...

...

...

...

...

8400844

4

Lower Scale. Higher Scale.

£. s. d.

For attending on the day in which a cause or petition stands on the paper for hearing 0 6
For attending when heard

...

...

Or according to circumstances, not to exceed per diem
For attending the court on every special motion, each day
The like when heard

£. s. d.

6

...

0 13

For attending on motion for or to discharge order for injunction, or ne exeat, when heard, per diem

...

...

...

...

...

...

...

...

For attendance on the Registrar for directions to the Accountant General to sell or transfer stock

1 1 0 220

0 13 4 0 13 4 1 1 0

10 2

69966

6 8

...

For attendance on the Accountant General thereon...

For attending the Accountant General with request to lay out cash
The like to carry over cash or stock to another account in his books
For attending the Accountant General to identify a person receiving a check
For attending the Accountant General with order to bespeak, and afterwards to pro-
cure his directions for payment of money into court, attending at the Bank of
England to pay the money, and for attending on the Accountant General with
the receipt, and at the Report Office to bespeak and procure the office copy
Where the sum paid in shall amount to 1007.
And where the same shall amount to 1,0002.
And where the same shall amount to 5,000%.

For attending the Master on signing report

For attending to file report and certificates at the Report Office, aud for office copy
For attending Examiner to procure appointment to examine witnesses

For attending the examination of witnesses before Examiner

Or according to circumstances, not to exceed per diem

But if without counsel the fee may, at the Master's discretion, be increased to
For attending to settle, and afterwards to read over the engrossment of an answer or
examination ...

If the same exceed 20 folios and under 50 folios
And for each additional 30 folios

6 8 0

6

8

6 8

0

0

6 8 0

...

068

For attending Registrar to certify abatement or settlement of suit and to have same so marked in the Cause Book

For attending the printer with a bill or claim to be printed...

...

...

For attending to get copies of bill, claim or interrogatories, marked for service
For attending to take instructions to appear, and to enter the appearance of one or
more defendants not exceeding three

...

If exceeding three, for every additional number not exceeding three
For attending at chambers to get original summons and duplicate examined and
sealed

For attending at the Record and Writ Office to file duplicate and examine copies, and get same stamped

...

696

68

6

6

888

6 8

8

8

8

0

6 8 0 6

0 6 8 0 6 8

For attending on a summons or other appointment, each day, a fee of 6s. 8d., 13s. 4d., 1. 1s., according to circumstances; each attendance to be allowed by the Judge or his chief clerk. Where from the length of the attendance, or from the difficulty of the case, the Judge shall think the highest of the above fees an insufficient remuneration for the services performed, or where the preparation of the case to lay it before the Judge shall have required skill and labour for which no fee has been allowed, the Judge may allow such further fee, not exceeding one guinea, or 0 6 8 0 6 8 where the higher scale is applicable, two guineas, as in his discretion he may think fit

[Power to increase to 10 guineas, under Order of 2nd of February 1854.]
For perusing the affidavits of claimants coming in under Order XXXVI. of 16th
October 1852, and attending in chambers at the time appointed by the advertise-
ment, where the number of claims do not exceed five
Where the number exceeds five, for every additional number, not exceeding five,
an additional sum of...

For attending for every order drawn up by the chief clerk, and at the Registrar's
Office to get same entered

For attending to enter claim under Order XXXVI. of 16th October 1852, and to file affidavit

For the plaintiff or party having the conduct of the order attending the Registrar
with brief and papers to bespeak minutes or order, not being an order of course...
For ditto, for preparing list of evidence read (but only when required by the
Registrar, and certified by him)

...

...

...

...

...

...

...

Or, according to length, at per folio
Attending to settle the draft, or minutes of any decree or order
Or, at the Taxing Master's discretion, not to exceed
Attending to pass any decree or order not being an order of course, including the
entry thereof...

...

N.B. The Registrar will leave the order for entry.

...

In case the Registrar shall certify that a special allowance ought to be made in respect of any unusual difficulty in settling and passing an order, the Taxing Master is to consider the same, and make such allowance to all or any of the parties as to him shall seem just.

For attending to procure certificate of pleadings

For attending to procure Accountant General's certificate of fund in court
For attending to obtain consent of next friend to sue in his name

...

...

...

For attending to give consent to take answer without oath, to hear cause as short,
and for other necessary or proper consents of a like nature
For attending to procure such consents

For procuring certificate of counsel to mark cause short, and attending Registrar
thereon
For attendance to mark Master or conveyancing counsel

...

For attending to leave papers with Judge's secretary prior to hearing
For attending court on appointment of a guardian ad litem
For attending to procure transcripts of Accountant General's books, when necessary
The fees for consent are not to apply where the same solicitor is for both parties.

068

0 6 8

0 13 4

0

0 6

0 13 4

6

6

8848848

...

0 6 8
0 6 8

0 13 4

0 13

0 6 8

6 8

For a writ or writs of subpoena other than subpoena duces tecum, if the number of names therein shall not exceed 3

For service of a notice of motion, exclusive of copy
For notice to a solicitor of appearance, answer, demurrer, plea, amendment, and
replication ...

0 2 6

0 2 6

0 2 6
026

0 2

6

6

6

6

...

...

...

...

For notice of claim, under 36th order of 16th of October, 1852
For notice of evidence to be read in Judge's chambers
For notice of filing affidavit or set of affidavits filed, or which ought properly to have
been filed together, to be read in Court
For notice of appointment for settling and passing minutes, decrees, or orders before
the Registrar

999

999

For services on a party or witness such reasonable charges and expenses as may be properly incurred, according to distance or by the employment of an agent.

The fees for notices and services are not to apply where the same solicitor is for both parties, unless it be necessary for the purpose of making affidavit of service.

There is to be one notice only of settling minutes, and one notice of passing decree or order, which if necessary are to be continued by adjournment, of which all parties are to take notice.

0 2 6

0 26

2 6

2

2 6

2 6

026

For a term fee in all causes, for every term in which a proceeding by the party shall take place

...

In country agency causes the further fee for letters of

...

...

And if it be shewn to the satisfaction of the Taxing Master that the agency correspondence has been special and extensive, he is to be at liberty to make a special allowance in respect thereof.

In addition to the term fee the necessary expense of the postage, carriage, and transmission of documents is to be allowed.

The like term fee and for letters in matters as in causes.

Where no proceeding is taken which carries a term fee, a charge for letters may be allowed, if the circumstances shall require it.

For any work or labour properly performed and not herein provided for, such allowances are to be made as heretofore.

THE SECOND SCHEDULE.

Being that part of the Order of the 26th of February 1807, which is not discharged or altered. For perusing abstract, every three brief sheets

...

...

For perusing the draft of every deed, for each skin
For examining the engrossment with the draft, for every three skins
For making all attested copies, examining and attesting same, per folio

THE THIRD SCHEDULE.

0

FEES TO BE COLLECTED BY MEANS OF STAMPS.

IN THE JUDGE'S CHAMBERS.

For every original summons for the purpose of proceedings originating in chambers
For every duplicate thereof

For every order drawn up by the chief clerk, made upon applications for time to
plead, answer, or demur, for leave to amend bills or claims, or for enlarging pub-
lication, or the period for closing evidence
For every other order drawn up by the chief clerk

8006

6500

0 5

511

1

1

100

For every certificate upon the passing of a receiver's or consignee's account, a further
fee in respect of each 1001. received of
For every oath, affirmation, declaration, or attestation upon honour

For taking the acknowledgment of every married woman
For attending any court per day by the clerk
For every certificate upon the passing of a receiver's or consignee's account, a further
fee in respect of each 1001. received of

For every decree or decretal order made by the Court on a special case, or on the original hearing of a cause or claim, or on motion for a decree, and on further directions, or further consideration not made on summons adjourned from chambers 1 0 0 3 0 0