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Further Orders in Chancery-Fees of Office and Solicitors.
£ s. d. 7. For every order drawn up by the
In cases of proceedings originating in chief clerk made upon applications
chambers the same term fee as in a for time to plead, answer, or de
suit. mur, for leave to amend bills or
For preparing every other summons claims, or for enlarging publication,
and attending to get same filled up or the period for closing evidence,
and sealed at chambers . 0 6 8 or for the production of documents,
| For each copy of a summons to serve or applications relating to the con
or leave at chambers. . . 0 2 0 duct of suits or matters . . 0 5 0 For attending on a summons or other 8. For every other order drawn up by
appointment, each day, a fee of the chief clerk . .
6s. 8d.. 138. 4d., or 1l. 1s., accord. II. The registrars are directed to take the ing to circumstances; but the fee following fees :
is to be 6s. 8d., unless a larger fee For orders made by a Judge in chambers, is allowed by the Judge or his chief drawn up by the registrar, the like fees as be- clerk. fore directed to be taken by the chief clerk for Where from the length of the attendorders drawn up by him.
ance, or from the difficulty of the III. The Record and Writ clerks are directed case, the Judge shall think the to take the following fees :
highest of the above fees an insuffi£ s. d.
cient remuneration for the services For office copies of original deposi
performed, or where the preparation tions, and examinations, per folio 0 0 4 of the case to lay it before the For entering appearances to a Judge's
Judge shall have required skill and summons, same charge as for ap
labour for which no fee has been pearing to a bill.
allowed, the Judge may allow such For stamping every copy of a bill or
further fee, not exceeding one guiclaim for service . .
: 0 5 0 nea, as in his discretion he may For stamping every copy of a Judge's
think fit. summons for service. . . 0 5 0 For preparing every advertisement. 0 6 8 For examining every copy or part of a
For attending to get same approved copy of a set of interrogatories, and
and signed . . .
. 0 6 8 marking same as an office copy . 0 5 0 For attending for every order drawn
IV. All fees received by officers of the Court, up by the chief clerk, and at the under the preceding orders, are to be accounted registrar's office to get same entered 0 6 8 for and paid by them respectively, once in every For attending to enter claim under month, into the Bank of England, in the nameOrder 36 of 16th October, 1852, of the Accountant-General, to be placed to the l and to file affidavit . . : 06 8 account there entitled “The Suitors' Fee For perusing the affidavits of claimFund Account;" the amount so received and ants coming in under Order 36 of paid by such officers respectively to be verified 16th October, 1852, and attending by the affidavit of the accounting party.
in chambers at the time appointed 'V. Solicitors are entitled to charge and be
by the advertisement, where the allowed the following fees :
number of claims does not exceed
£ s. d. five . . . . . . 1 1 0 For instructions to commence pro
Where the number exceeds five, for ceedings originating in chambers,
every additional number, not exor to defend the same . . . 0 13 4 ceeding five, an additional sum of 1 1 0 For preparing an original summons
For attending to bespeak and procure for the purpose of proceedings ori
office copy of certificate or report 0 6 8 ginating in chambers, and the du
For all other business performed such fees plicate thereof . . . . 0 13 4 as by the practice of the Court they are enFor attending at chambers to get such
titled to for similar business. summons and duplicate examined and sealed ..
. . 0 0 810FFICE COPIES.-REGULATION OF THE ACFor attending at the Record and Writ
COUNTANT-GENERAL'S OFFICE. - ABOLIOffice to file duplicate and ex
TION OF FEES.-COLLECTION OF FEES BY amine copies, and get same stamped o 6 81
STAMPS. For endorsing a summons and the copies under Order 6 of 16th Oc
(Under the Suitors' Relief Act.) tober, 1852, and attending to get
25th October, 1852. same sealed . .
. 0 6 8! The Right Honourable Edward Burten- · For entering the appearance for one
shaw, Lord St. Leonards, Lord High Chanor more defendants, if not exceed
cellor of Great Britain, doth hereby, in pursuing three . .
. 0 6 8ance of an Act of Parliament passed in the 15 If exceeding three, for every additional 1 & 16 Vict., intituled “ An Act for the relief of number not exceeding three an ad.
the Suitors of the High Court of Chancery," ditional suin of . . . . 0 6 8 and in pursuance and execution of all other
Further Orders in Chancery-Office Copies-Fees of Ofice. powers enabling him in that behalf, order and undertaking as aforesaid, or within such time direct that all and every the orders, rules, and as may be specified in such request, or may directions hereinafter set forth shall henceforth have been directed by the Court. be, and for all purposes be deemed and taken 9. Any party or solicitor who has taken any to be, “General Orders and Rules of the office copy mentioned in Rule 2, is to produce High Court of Chancery," viz. :
the same in Court, or at the Judge's Chambers, I. In lieu of copies of plea dings and other when required for the purpose of the proceedproceedings in the Court of Chancery, and of ings to which the same relate. the documents relating thereto, being made II. That all office copies, and copies to be and delivered by officers of the Court at the furnished by parties or their solicitors, shall be office in which they are filed or left, copies of written on paper of a convenient size, with a such pleadings, proceedings, and documents sufficient margin, and in a neat and legible (save as hereinafter excepted), are to be made, manner, similar to that which is usually delivered, charged, and paid for according to adopted by law stationers; and in the case of the following regulations :-
copies to be furnished by parties or their soli. 1. The following copies are exempted from citors, unless so written, the parties or solithis Order, that is to say, office copies of pro. citors furnishing them shall not be entitled to ceedings filed in the Report Office; office he paid for the same. copies of answers, pleas, and demurrers ; office III. That in case any solicitor who shall be copies of depositions of witnesses, and exami- required to furnish any such copy as aforesaid nation of parties to be made for and taken by shall either refuse, or for two clear days from the party on whose behalf such depositions the time when the application for such copy and examinations have been taken; office shall have been made shall neglect, to furnish copies of affidavits to be made for and taken the same, the person by whom such application by the party filing the same; and office copies shall be made shall be at liberty to procure a of affidavits to be taken under Order 37 of copy from the office in which the original shall 16th October, 1852.
have been filed, in the same way as if no such 2. The party or his solicitor requiring any application had been made to the solicitor, and copy, save as hereinbefore excepted, is to make a in such case no costs shall be due or payable written application to be delivered to the party to the solicitor so making default in respect of by whom the copy is to be furnished, or his the copy or copies so applied for. solicitor, with an undertaking to pay the proper IV. That in case any solicitor by whom any
such copy ought to be furnished shall neglect 3. Upon such requisition being made with to do so for such two clear days as aforesaid, undertaking as aforesaid, copies of such plead- or for one clear day, an addition of two clear ings, proceedings, or documents, are to be days or one clear day, as the case may be, shall made by the party or his solicitor filing or be made to the period within which any proleaving the same, or who under the first rule ceeding which may have to be taken after obmay have taken office copies thereof.
taining such copy ought to be so taken, so 4. The copies are to be ready to be delivered that the person requiring such copy may be as at the expiration of 48 hours after the delivery little prejudiced as possible by such neglect as of such request and undertaking, or within aforesaid. such other time as the Court may in any case V. That the Taxing Master shall not allow direct, and are to be delivered accordingly any costs in respect of any copy so taken as upon demand and payment of the proper aforesaid, unless the same shall appear to him charges.
, to have been requisite, and to have been made 5. The charges for all such copies are to be with due care both as regards the contents and at the rate of 4d. per folio.
the writing thereof. 6. Copies of bills of costs are to be made side VI. That from and after the 1st day of Nofor side, so as to correspond with the bills of vember next, all the fees now payable in relacosts left in the office.
ition to such proceedings in the said Court as 7. The folios of all copies are to be num- are mentioned in the first part of the first schebered consecutively in the margin thereof, and dule hereinafter contained shall be abolished; the name and address of the party or solicitor, and the fees specified in the second part of such by whom the same is made, is to endorsed schedule shall be payable, and the same (save thereon in like manner as upon the proceed as provided by the seventh of these Orders) ings in the Court; and such party or solicitor shall be collected, not in money, but by means is to be answerable for the same, being true of stamps denoting the amount of such fees, copies of the original or of an office copy of the stamped or affixed, at the expense of the original pleadings, proceeding, or document parties liable to pay the fees, on or to the of which it purports to be a copy, as the case vellum, parchment, or paper on which the promay be.
ceedings in respect whereof such fees are pay8. In cases of exparte applications for in- able are written, or printed, or which may be junctions or writs of ne exeat regno, the party otherwise used in reference to such proceeding. making such application is to deliver copies of And where any of the fees specified in the the affidavits upon which it is granted, upon second part of the said first schedule shall be payment of the proper charges immediately payable in respect of any matter or thing to be upon the receipt of such written request and done by any officer, or in any office of the
Purther Orders in Chancery-Abolition of Fees of Office. Court, and it shall not have been customary to
£ s. d. use any written or printed document or paper exclusive of the fee on signing, per in reference to such matter or thing, whereon! folio
. 0 1 0 the stamp could be affixed, the party or his/ For drawing schedules of accounts of solicitor requiring such matter or thing to be parties accounting before the Masso done, shall make application for the same, ter, per folio .
. 0 0 6 by a short note or memorandum in writing, For taking the acknowledgment of and a stamp denoting the amount of the fee so any deed . .
06 0 payable shall be stamped on, or affixed to, such For searching for papers in a cause note or memorandum.
or matter not in immediate proVII. That in all cases where the costs are gress before the Master . . 0 6 8 directed to be paid out of a fund in Court, the For entering accounts of receivers, fees of taxation shall not be payable by means consignees, and committees, per of stamps, but shall be carried over by the Ac- folio, in each book .
0 0 4 countant-General to the credit of the Suitors' | For entering accounts of parties ac. Fee Fund; and, to that intent, the Taxing counting before the Master in a Master shall in such cases certify the amount book, if required, per folio . . 0 0 4 of such fees.
For every exhibit . . . . 0 2 6 VIII. That from and after the 28th October, When a Master shall be required to 1852, the brokerage which shall or may from attend a party to administer an oath, time to time be received by the Accountant there shall be paid a further fee of General of the Court of Chancery shall be 10s, over and besides the coachhire paid by him, on the first day of every month, or reasonable travelling expenses of or as soon after as conveniently may be, into
the Master . . . . . 0 10 0 the Bank of England, to be there placed to his And for copies of every document or credit as such Accountant-General to the ac writing made in the Master's office, count, entitled “The Suitors' Fee Fund Ac and also for the transcript of every count."
report, pursuant to the Act of ParIX. That, subject to the superintendence liament 3 & 4 Wm. 4, c. 94, and and direction of the Accountant-General of the General Orders of 20th Octothe Court of Chancery, with the appro ber, 1842, per folio . . . 0 0 4 bation of the Lord Chancellor, the first,
Registrars' Office. second, and third clerks in each divisioni of the Accountant-General's office, shall, from
11. For every decree or order on the and after the said 28th day of October, 1852,
original hearing of the cause, and and until other order or
on further directions. provision shall
. . 3 10 0 be made in that behalf, continue to perform
2. For every office copy thereof . 2 0 0 the acts or duties hitherto performed by such
3. For every order on petition or mo. clerks, and which are mentioned in the said
tion of course, not exceeding one second schedule, in addition to the duties pre
side . . scribed by Act of Parliament as heretofore;
- 4. For every additional side of such
order . and such fees as are specified in the second
. . 0 1 0 schedule hereto shall be paid for such acts as
5. For every order on other petitions, aforesaid, to be accounted for in like manner
where the reference is directed, but as the other fees now received in the office of
the decision of the Master is not to the said Accountant-General; and to be col
be final, and also where the petition
is dismissed . . lected by means of stamps in like manner as 6. For ev
. . . 0100
as 6. For every office copy thereof . 0 10 10 provided by Order 6, and from and after the said 28th day of October, 1852, no other per
7. For every order for a special injuncson shall perform such acts or duties.
ention, or for the appointment of a And in order to enable the Lord Chancellor,
receiver . . . . . 2 10 0
8. For every office copy . . . ] 0 0 with the consent of the Commissioners of her Majesty's Treasury, from time to time to fix
9. For every order for payment of the amount of the yearly salaries to be paid to
money out of Court, and for no such clerks, the Accountant-General shall
other purpose, where the sum or every six months make a return to the Lord
sums thereby specifically directed Chancellor of the amount received during the
to be paid shall not exceed in the
whole 1001. . . . . 0 10-0 preceding six months in respect of such fees.
lees. 10. For every office copy thereof . 0 5 0
11. For every order of transfer out of The First SCHEDULE to which the fore
Court, or sale of any sum or sums going Orders refer.
of government stock or South Sea Part I.-FEES NOW PAYABLE WHICH ARE Annuities (excepting Long Annui. TO BE ABOLISHED.
ties and annuities for terms of Masters' Office.
years), and for no other purpose,
where the sum or sums thereby For drawing every report exclusive of
specifically directed to be transferschedules of accounts of parties ac
red or sold shall not exceed in the counting before the Masters, and
whole 1001. stock or annuities . 0 10 0
Further Orders in Chancery Fees of Office Abolished.
£ s. d. 12. For every office copy thereof, 050 25l. per annum, or of any interest 13. For every order for payment out
or dividends upon stock or annuiof Court of any annuity or annui.
ties exceeding 51. and not exceeding ties, not exceeding in the whole 51.
in the whole 25l. per annum, and per annum, or of any interest or di
for no other purpose. . . 1 0 0 vidends upon stock or annuities,
37. For every office copy thereof . 0 10 0 not exceeding in the whole 5l. per
38. For every other order for payannum, and for no other purpose. 0 10 0! ment or transfer out of Court , 2 0 0 14. For every office copy thereof. 0. 5 0 14 a. For every office copy of every
Report Office. other order for payment or transfer
Searches, 6d. per year . . . 0 0 6 out of Court . . . . 1 0 0 Examination of office copies for evi 15. For every other order on special
denice, per folio of 90 words .0 0 1f motions . . . . . 100
Entering Seats. 16. For every office copy thereof. 0 10 0 For every order or decree left for en 17. For every order on arguing ex
! try, containing 168 words on a side 006 ceptions . . . . . 2 0 0'For every certificate on Master's re18. For every office copy thereof. 1 0 0 port: .
. 0 1 0 19. For every order on arguing pleas Entering every attachment . 0 0 2
and demurrers . . . . 1 0 0 20. For every office copy thereof. 0
Affidavit Office. 21. For every order on petition of
For filing every affidavit, with or appeal or re-hearing . . 2 0 0 without schedules, or other papers 22. For every ofhice copy thereof . 1 0 0 . thereto annexed . : : 0 4 23. For every order on petitions not
For the registrar's or his deputy's herein 'otherwise specified . . 2 0 0 hand to every copy of an affidavit, 24. For every office copy thereof, 100l with or without schedules or other 25. For every order in any matter of
papers thereto annexed . . 0 1 0 lunacy . . . . . 0 100 For every search for an affidavit for 26. For every office copy thereof . 0 5 0 each term 6d., with the liberty of 27. For every order in any matter of
reading it over, if found . . 0 0 6 bankruptcy . . . . 0 10 0 For searching for, and taking an ori28. For every office copy thereof. 0 5 0iginal affidavit off the file in order to 29. For every copy of a petition of ap
attend the Lord Chancellor or Maspeal on the re-hearing, per side: 0 0 6 ter of the Rolls therewith, or to be 30. For every order on the hearing of
made use of in any Court. . 0 6 8 a claim on further directions 2 0 0 For attending therewith, at the Lord 31. For every office copy thereof . 0 10 0 Chancellor's, or at any of the Courts 32. For every order on arguing ex
at Westminster, or in London, each ceptions (on claim) . . . 1 0 0. time . . . . . . 0 6 8 33. For erery office copy thereof. 0 5 0 For examining the copy of every affi34. For every order (on a claim) for
davit, with the original, in order to transfer out of Court or sale of any
make use of such copy as evidence government stock, &c., exceeding
in any other Court than the Court 1001. stock or annuities; and for
of Chancery . . . . 0 1 0 every order for payment out of
Taking affidavits for distringas : 0 1 0 Court of any annuity or annuities,
For carrying an original affidavit by or of any interest or dividends upon
the registrar, or his deputy, to any stock or annuities, exceeding in the
assize, for each day, including horse whole 5l. per annum. . . i jo o hire and expenses . . . ] 10 35. For every office copy thereof . 0 10 0 For trouble, attendance, and taking 36. For every order for payment of
security to return an original affimoney out of Court where the sum
davit to the office, when by an order or sums thereby directed to be paid
of the Court such original affidavit shall exceed 1001. and shall not ex
is directed to be delivered to an asceed in the whole 5001.; and for
sociate or clerk of assize, to be made transfer out of Court or sale of any
use of at the assize . . . 0 6 8 sum or sums of government stock
For every exhibit . . . . 0 2 6 or South Sea Annuities (excepting
Examiners. Long Annuities or annuities for
Every witness sworn, including oath 0 2 6 terms of years), when the sum or
Ditto, sworn, and not examined, insums thereby directed to be transferred or sold shall exceed 1001. and
cluding oath .
; : : 0 5 0 shall not exceed in the whole 5001.,
Every witness examined on close holi
days. and for payment out of Court of
. . .
Examining copy depositions, with re-
cord to prove on trial at law, if more
Further Orders in Chancery Fees of Office.
£ s. d. Record and Writ Clerks.
For every fiat of enrolment : 0 5 6 Sealing special injunction . . 1 10 0 On hearing out of Term of every Re-sealing any writ, or any alteration
cause, further directions, pleas, dethereof . . . . .
murrers, and where decree is made, Every exemplification, per skin, exclu
each party . . . . . 0 13 0 sive of parchment and duty ... 1 14 01 On hearing of every petition in which Amending every office copy, if more
an order is made, the petitioner pays 0 7 0 than 10 folios, for every fólio over 0 0 4 From each party, on the hearing of a Search for records when in record
cause in Term time . , 0 2 6 room, or for any person not being a
From each party on the hearing of a party in the cause, for each year
I cause in Michaelmas and Hilary after the first year .
. 0 1 01 Terms only . . . . 0 1 0 Every exhibit to an affidavit. &c. 0 2 6 For papers left at the secretary's office Taxing Masters.
for the Master of the Rolls on fur
ther directions, exceptions, &c. • 0 5 0 For copies of bills of costs, and other
For every recognisance vacated . 0 6 0 documents, per folio . . . 0 0 4 On the appointment of every guardian For drawing every report, per folio. 0 1 0 in Court for infants, out of Term. 0 7 0 Per centage on amount of every bill
For silk gowns.-A fee payable by of coste as taxed . . . . 2 10 0 each of her Majesty's counsel atFor every exhibit . . . . 0 2 6 tending at the Rolls Court, for each
Door-keeper of the Court of Chancery Term . . . . . · 0 12 6 For every cause heard on each side 0 13 0 In the Office of the Accountant-General. In every further directions, ditto . 0 13 O Certificate of payment in under order 0 In every exceptions, each set. : 013 01
Ditto under Act of Parliament o 4 0 Every appeal or re-hearing, one side 0 13 01
Certificate of transfers into Court
under order . . . . 0 2 0 . . 0 13 0
Ditto under Act . . . 0 4 0 Out of 1l. paid on setting down every petition
Certificate of investment of principal . .
money Every lunatic petition
| Ditto of interest money Every witness examined vivá voce. 0
. 0 2 0 1 61
Certificate of sale of stock i . 0 2 Every prisoner by habeas corpus
6 : 0 2 61 Certificate of transfer of stock out of Setting down causes to be heard . 1 0 0
. Setting down cause at Rolls.
0 1 .
6 . 1
. Carried over.
. Term fee from Attorney-General
0 2 6 . 1 10 01
: 0 5
Deposit of Exchequer bills Term fee from Solicitor-General
0 . 1 0 0 Delivery out of ditto .
. 0 Upon swearing into offices before the
5 Lord Chancellor
Investment of principal money in
0 5 6 For each Queen's Counsel per Term 1 12 0
Ditto of interest money in 0 4 0
Chancery Subpæna Office.
For every subpæna . . . 0 5 6 down further directions, exceptions,
For sealing every distringas
5 6 pleas and demurrers .
o o 6 For filing affidavit . .
. . 0 0 6 Form
. 0 1 0 For filing every petition for an order In the Ofice of the Secretary of Decrees and of course , • . 0 1 0
Injunctions. For answering and setting down every
Enrolling Lord Chancellor's and Vicepetition for hearing ; . : 0 6 6 Chancellor's decree . . 0 10 6 For setting down every cause for
The like, Master of the Rolls . . 0 10 6 hearing . . . . . 1 0 0 Petition to enrol, nunc pro tunc . 0 1 0 For setting down every cause on fur
: 0 10 0 ther directions .
12 6 If private seal enrolling decree, extra 0 3 9 For setting down every set of excep
Searching if decree enrolled or caveats tions : : : : : : 0 10 0 entered . . . . . 0 1 0 Ditto .
demurrers. 0 10 0
In the Judges' Chambers. enrolment of a decree or order. 0 5 0 For every original summons for the For every docket of decree or order
purpose of proceedings originating signed by the Master of the Rolls 0 2 6 in Chambers ,
0 5 0 For every office copy of an order 0 0 6 For every duplicate therof . : 0 5 0
O O OO