For office copies of original deposi- For stamping every copy of a bill or For stamping every copy of a Judge's summons for service For examining every copy or part of a copy of a set of interrogatories, and marking same as an office copy 0 5 0 0 5 0 0 5 IV. All fees received by officers of the Court, under the preceding orders, are to be accounted for and paid by them respectively, once in every month, into the Bank of England, in the name of the Accountant-General, to be placed to the account there entitled "The Suitors' Fee Fund Account;" the amount so received and paid by such officers respectively to be verified by the affidavit of the accounting party. V. Solicitors are entitled to charge and be allowed the following fees : For instructions to commence pro- For attending at chambers to get such £ s. d. 0 13 0 13 . 0 6 For attending at the Record and Writ Where from the length of the attend- 5 £ s. d. 068 020 For preparing every advertisement . 0 6 8 and signed. 068 For attending for every order drawn Order 36 of 16th October, 1852, 068 1 1 0 For perusing the affidavits of claimants coming in under Order 36 of 16th October, 1852, and attending in chambers at the time appointed by the advertisement, where the number of claims does not exceed five. Where the number exceeds five, for every additional number, not exceeding five, an additional sum of For attending to bespeak and procure office copy of certificate or report For all other business performed such fees 4 as by the practice of the Court they are entitled to for similar business. 4 8 Office to file duplicate and examine copies, and get same stamped 0 6 8 For endorsing a summons and the copies under Order 6 of 16th October, 1852, and attending to get same sealed For entering the appearance for one or more defendants, if not exceeding three 068 110 0 6 8 OFFICE COPIES.-REGULATION OF THE AC- COUNTANT-GENERAL'S OFFICE. TION OF FEES.-COLLECTION OF FEES BY (Under the Suitors' Relief Act.) 25th October, 1852. The Right Honourable Edward Burtenshaw, Lord St. Leonards, Lord High Chancellor of Great Britain, doth hereby, in pursu0 6 8 ance of an Act of Parliament passed in the 15 & 16 Vict., intituled "An Act for the relief of the Suitors of the High Court of Chancery," . 0 6 8 and in pursuance and execution of all other If exceeding three, for every additional number not exceeding three an additional sum of 6 Further Orders in Chancery-Office Copies-Fees of Office. powers enabling him in that behalf, order and direct that all and every the orders, rules, and directions hereinafter set forth shall henceforth be, and for all purposes be deemed and taken to be, "General Orders and Rules of the High Court of Chancery," viz. : I. In lieu of copies of pleadings and other proceedings in the Court of Chancery, and of the documents relating thereto, being made and delivered by officers of the Court at the office in which they are filed or left, copies of such pleadings, proceedings, and documents (save as hereinafter excepted), are to be made, delivered, charged, and paid for according to the following regulations : 1. The following copies are exempted from this Order, that is to say, office copies of proceedings filed in the Report Office; office copies of answers, pleas, and demurrers; office copies of depositions of witnesses, and examination of parties to be made for and taken by the party on whose behalf such depositions and examinations have been taken; office copies of affidavits to be made for and taken by the party filing the same; and office copies of affidavits to be taken under Order 37 of 16th October, 1852. 2. The party or his solicitor requiring any copy, save as hereinbefore excepted, is to make a written application to be delivered to the party by whom the copy is to be furnished, or his solicitor, with an undertaking to pay the proper charges. 3. Upon such requisition being made with undertaking as aforesaid, copies of such pleadings, proceedings, or documents, are to be made by the party or his solicitor filing or leaving the same, or who under the first rule may have taken office copies thereof. 4. The copies are to be ready to be delivered at the expiration of 48 hours after the delivery of such request and undertaking, or within such other time as the Court may in any case direct, and are to be delivered accordingly upon demand and payment of the proper charges. 5. The charges for all such copies are to be at the rate of 4d. per folio. 6. Copies of bills of costs are to be made side for side, so as to correspond with the bills of costs left in the office. 7. The folios of all copies are to be numbered consecutively in the margin thereof, and the name and address of the party or solicitor, by whom the same is made, is to endorsed thereon in like manner as upon the proceedings in the Court; and such party or solicitor is to be answerable for the same, being true copies of the original or of an office copy of the original pleadings, proceeding, or document of which it purports to be a copy, as the case may be. 8. In cases of exparte applications for injunctions or writs of ne exeat regno, the party making such application is to deliver copies of the affidavits upon which it is granted, upon payment of the proper charges immediately upon the receipt of such written request and undertaking as aforesaid, or within such time as may be specified in such request, or may have been directed by the Court. 9. Any party or solicitor who has taken any office copy mentioned in Rule 2, is to produce the same in Court, or at the Judge's Chambers, when required for the purpose of the proceedings to which the same relate. II. That all office copies, and copies to be furnished by parties or their solicitors, shall be written on paper of a convenient size, with a sufficient margin, and in a neat and legible manner, similar to that which is usually adopted by law stationers; and in the case of copies to be furnished by parties or their solicitors, unless so written, the parties or solicitors furnishing them shall not be entitled to be paid for the same. III. That in case any solicitor who shall be required to furnish any such copy as aforesaid shall either refuse, or for two clear days from the time when the application for such copy shall have been made shall neglect, to furnish the same, the person by whom such application shall be made shall be at liberty to procure a copy from the office in which the original shall have been filed, in the same way as if no such application had been made to the solicitor, and in such case no costs shall be due or payable to the solicitor so making default in respect of the copy or copies so applied for. IV. That in case any solicitor by whom any such copy ought to be furnished shall neglect to do so for such two clear days as aforesaid, or for one clear day, an addition of two clear days or one clear day, as the case may be, shall be made to the period within which any proceeding which may have to be taken after obtaining such copy ought to be so taken, so that the person requiring such copy may be as little prejudiced as possible by such neglect as aforesaid. V. That the Taxing Master shall not allow any costs in respect of any copy so taken as aforesaid, unless the same shall appear to him to have been requisite, and to have been made with due care both as regards the contents and the writing thereof. VI. That from and after the 1st day of November next, all the fees now payable in relation to such proceedings in the said Court as are mentioned in the first part of the first schedule hereinafter contained shall be abolished; and the fees specified in the second part of such schedule shall be payable, and the same (save as provided by the seventh of these Orders) shall be collected, not in money, but by means of stamps denoting the amount of such fees, stamped or affixed, at the expense of the parties liable to pay the fees, on or to the vellum, parchment, or paper on which the proceedings in respect whereof such fees are payable are written, or printed, or which may be otherwise used in reference to such proceeding. And where any of the fees specified in the second part of the said first schedule shall be payable in respect of any matter or thing to be done by any officer, or in any office of the Further Orders in Chancery-Abolition of Fees of Office. Court, and it shall not have been customary to use any written or printed document or paper in reference to such matter or thing, whereon the stamp could be affixed, the party or his solicitor requiring such matter or thing to be so done, shall make application for the same, by a short note or memorandum in writing, and a stamp denoting the amount of the fee so payable shall be stamped on, or affixed to, such note or memorandum. VII. That in all cases where the costs are directed to be paid out of a fund in Court, the fees of taxation shall not be payable by means of stamps, but shall be carried over by the Accountant-General to the credit of the Suitors' Fee Fund; and, to that intent, the Taxing Master shall in such cases certify the amount of such fees. VIII. That from and after the 28th October, 1852, the brokerage which shall or may from time to time be received by the AccountantGeneral of the Court of Chancery shall be paid by him, on the first day of every month, or as soon after as conveniently may be, into the Bank of England, to be there placed to his credit as such Accountant-General to the account, entitled "The Suitors' Fee Fund Account." IX. That, subject to the superintendence and direction of the Accountant-General of the Court of Chancery, with the approbation of the Lord Chancellor, the first, second, and third clerks in each division of the Accountant-General's office, shall, from and after the said 28th day of October, 1852, and until other order or provision shall be made in that behalf, continue to perform the acts or duties hitherto performed by such clerks, and which are mentioned in the said second schedule, in addition to the duties prescribed by Act of Parliament as heretofore; and such fees as are specified in the second schedule hereto shall be paid for such acts as aforesaid, to be accounted for in like manner as the other fees now received in the office of the said Accountant-General; and to be collected by means of stamps in like manner as provided by Order 6, and from and after the said 28th day of October, 1852, no other person shall perform such acts or duties. And in order to enable the Lord Chancellor, with the consent of the Commissioners of her Majesty's Treasury, from time to time to fix the amount of the yearly salaries to be paid to such clerks, the Accountant-General shall every six months make a return to the Lord Chancellor of the amount received during the preceding six months in respect of such fees. The FIRST SCHEDULE to which the foregoing Orders refer. Part I.-FEES NOW PAYABLE WHICH ARE Masters' Office. For drawing every report exclusive of schedules of accounts of parties accounting before the Masters, and exclusive of the fee on signing, per For drawing schedules of accounts of For taking the acknowledgment of For searching for papers in a cause For entering accounts of parties ac- 7 £ s. d. 0 1 0 0 0 6 0 6 0 0 6 8 0 0 4 When a Master shall be required to . 0 10 0 bankruptcy office copy thereof 0 0 6 ginal affidavit off the file in order to attend the Lord Chancellor or Master of the Rolls therewith, or to be made use of in any Court 068 0 10 For attending therewith, at the Lord Chancellor's, or at any of the Courts at Westminster, or in London, each time 068 28. For every 29. For every copy of a petition of appeal on the re-hearing, per side 30. For every order on the hearing of a claim on further directions 31. For every office copy thereof 32. For every order on arguing exceptions (on claim) 33. For every office copy thereof 34. For every order (on a claim) for transfer out of Court or sale of any government stock, &c., exceeding 1007. stock or annuities; and for every order for payment out of Court of any annuity or annuities, or of any interest or dividends upon stock or annuities, exceeding in the whole 51. per annum 35. For every office copy thereof 36. For every order for payment of money out of Court where the sum or sums thereby directed to be paid shall exceed 100%. and shall not exceed in the whole 500l.; and for transfer out of Court or sale of any sum or sums of government stock or South Sea Annuities (excepting Long Annuities or annuities for terms of years), when the sum or sums thereby directed to be transferred or sold shall exceed 100/. and shall not exceed in the whole 500l., and for payment out of Court of any annuity or annuities exceeding 51. and not exceeding in the whole every search for an affidavit for each term 6d., with the liberty of reading it over, if found For examining the copy of every affidavit, with the original, in order to make use of such copy as evidence in any other Court than the Court of Chancery . 010 010 Taking affidavits for distringas For carrying an original affidavit by the registrar, or his deputy, to any assize, for each day, including horse hire and expenses For trouble, attendance, and taking security to return an original affidavit to the office, when by an order of the Court such original affidavit is directed to be delivered to an associate or clerk of assize, to be made use of at the assize For every exhibit Examiners. 110 068 026 Every witness sworn, including oath 0 2 6 Ditto, sworn, and not examined, including oath Every witness examined on close holidays Examining copy depositions, with record to prove on trial at law, if more than 40 sheets, for each sheet 050 17 .00 2 |