PART X. PROCURATORS' FEES. ACT OF SEDERUNT regulating the Fees of Procurators in the Sheriff, Stewart, and Commissary Courts.-Edinburgh, 1st March 1861. GENERAL REGULATIONS. 1. There shall be three scales of taxation, viz. First, for causes where the amount of principal and past interest concluded for does not exceed £25; Second, for causes where the amount concluded for as aforesaid exceeds that sum, but does not exceed £100; and Third, for causes where the amount concluded for as aforesaid exceeds £100. 2. Where the demand does not exceed the sum which may be competently concluded for in the Sheriff's Small-Debt Court, no fees shall be allowed except those authorised by the Act 1st Vict. c. 41, unless the Sheriff see cause to the contrary (see § 36 of that Act), it being always competent to the Sheriff, when a case is removed from the Small-Debt Court to the Ordinary Court, or at any subsequent stage of the process, to determine whether it is to be conducted and charged for according to the annexed tables, or on the principle that no other or higher fees are to be taken than those allowed by 1st Vict. c. 41. 3. The scale for taxation shall, in the ordinary case, be determined by the amount concluded for; but it shall be competent for the Sheriff, if he see cause, to direct the amount to be taxed according to the scale applicable to the amount decerned for; this, however, shall not affect the ordinary power of the Sheriff to declare that such expenses shall be subject to modification. 4. In all cases the Sheriff may disallow all charges for entire papers or parts of papers, or for steps of procedure or agency, which appear to him to have been irregular or un necessary. 5. The fees allowed at pronouncing or reporting interlocutors (No. 12), also at taking appeals (No. 20), shall be held to include intimation (where necessary) to the client and opposite party. The fees for debates are not to be according to the time occupied; but single fees. They are to include the attendance at giving judgment, unless when avizandum has been made, when the fee No. 12 will be allowed. The agent shall be entitled to charge for a copy of the minutes or procedure up to the closing of the record; and also for a copy of every subsequent interlocutor and note on the merits of the cause, and of all interlocutors and notes sustaining, repelling, or reserving preliminary defences, but not of those excepted under Art. 12 of the subjoined Table. The agent shall be allowed to charge for a copy of the productions, in so far as the Sheriff may think it necessary, preparatory to debating. 6. In order to prevent delay by frequent meetings for adjusting and closing the record, only one fee shall PART X.] be allowed in each case for all the duty connected with this part of the procedure, however frequent the meetings may be; except when the Sheriff shall direct a record to be made up on preliminary defences; or when a record already closed shall be ordered to be opened up and adjusted and closed of new; in each of which cases the Sheriff may, if he shall see fit, allow a single fee in like manner. Where the Sheriff shall by interlocutor direct parties to debate some point specified therein, the debate fee, Art. 14, will be allowed. No separate fee shall be allowed in respect of the deliverance "record closed." 7. Wherever a procurator on one side attends any meeting ordered by the Sheriff for adjusting the record, or for any other purpose, and the other is absent, or not prepared to proceed, the Sheriff shall have power to decern against the opposite party for payment of the fee for attendance to the procurator who is ready. And when no notice has been sent of the withdrawal of an appeal, at least two lawful days before the date fixed by the Sheriff for an oral hearing, twothirds of the fee for the debate will be allowed to the respondent's agent. 8. Procedure in removings and ejections to be charged by the amount of rent. Where the amount of rent is not set forth in the summons, or is not set forth as exceeding £25, the charges shall be according to Scale I. 9. In actions ad factum præstandum, for exoneration, and others where the pecuniary amount or value of the matter in question cannot be measured or ascertained from the process, the charges shall be according to Scale II., unless it shall appear to the Sheriff proper in the circumstances to direct otherwise. 10. In actions where there are more defenders than one pursued for different debts, or summoned to remove from different premises, full charges for writings will be allowed for the highest of the rents or sums charged for,--one-fourth only of the ordinary fees will be allowed on each of the other rents or sums,-and the whole amount will be apportioned among the different defenders, according to the debts for which they are respectively sued, or the rents of the premises from which they are respectively summoned to remove. But in such cases the procurator will be allowed to charge one-half only of the fees under Art. 12 of the table against each defender, according as the amount of his debt, or the rent of the subject from which he is summoned to remove, falls under Scale I. II. or III. 11. The principal interlocutor sheets shall not be given out to parties; a certified copy thereof shall be made up by the clerk from time to time, and put in process, for which he shall be allowed to make a charge at the end of the process for the total number of sheets contained therein, according to Art. 6 of the table, to be paid by the party found liable in expenses, or, where no expenses are found due, by the parties equally. 12. Every sheet of two pages shall contain 250 words; but if the whole writing does not extend to 250 words, the fee for a sheet is, notwithstanding, to be chargeable for such writing, and if, after finding the number of sheets which any writing shall comprise, calculated at the above rate, any number of words less than 250 shall remain, such fewer number of words shall be charged as a sheet. 13. Auditors shall not allow charges for payments to officers, or other outlay, unless vouchers be produced. 14. No other or higher fee shall be allowed than those hereby authorised; and the rates of charge in the subjoined table shall be held as applicable to the taxation of accounts, as well between agent and client as between party and party. DUN. M'NEILL, I.P.D. 1. Drawing summons, petition, or other writing, by which any process or application is first brought before the court, whatever be the length thereof, 2. Drawing condescendence and defencesper sheet, 3. Drawing tutorial and curatorial inventories, or inventories in process of cessio bonorum, juratory caution, or confirmations of executry—per sheet, 4. Revising condescendences and defences -per sheet of original paper and additions, 5. Drawing papers of any other description, including reclaiming petitions on appeals, and for all necessary schedules of intimation, requisition, and protest, precepts of arrestment, or diligence against witnesses or havers-per sheet, . Note-Where a paper necessarily exceeds 20 sheets, each sheet above 20 to be charged, 6. For all necessary copies per sheet, including copies of proof when ordered for the use of the Sheriff on appeal, 7. For making up accounts of expenses for Taxation, and also necessary copies of states, copies of accounts of expenses, to be furnished to the other party, and notarial copies-per sheet, 8. For inventories of productions, lodged with any pleading or application, not exceeding 10 numbers, And for each additional 10 numbers, 9. For each necessary letter, exclusive of letters intimating enrolments, interlocutors, or steps taken where an attendance fee is allowed, also those excluded by General Regulation No. V., Note.-Letters intimating adjourned diets of proof not to be chargeable. Attendances. 10. (a) At the meeting under § 3 of the Statute to explain the grounds of action and defence to the pursuer's agent, (b) If a full record be ordered to be made up, the defender's agent will at this stage be allowed, 0 500 7 6 0 10 0 0 10 0 0 15 01 00 (c.) But if the record be closed on a Minute at this or at an adjourned meeting, the pursuer's agent will be allowed, instead of a supra, And the defender's agent will be allowed, instead of b supra, Note. These fees to be in full of all charges for attendances (however numerous), and hearings, and preliminary or incidental discussions in the matter of closing the record by way of minutes, and writings relative thereto, unless the Sheriff shall by a special interlocutor order a debate. 11. At the meeting with the Sheriff, under 4 of the Act (including all adjournments) and meetings for revisal or other: wise, for adjusting and closing the record on condescendence and defences, or revised condescendence and defences, 0 10 0 0 15 0 1 0 0 12. At pronouncing or reporting any inter- 13. By previous order of the Sheriff to explain any point, or to receive instructions, or the like, not coming under the description of "debates" (not by the hour, and including attendance at pronouncing the interlocutor), 14. At debates under §§ 5, 12, 16, and 23, of the Act 16 and 17 Vict. cap. 80, also at debates specially ordered by interlocutors of the Sheriff-(See Reg. V.), . Note. When the employment of 0 260 3 6 0 6 4 0400 500 6 0 1 0 0 1 10 0 2 0 0 only be allowed the fees in No. 10 (a). 15. In Bankruptcy proceedings: At examination of bankrupt or others under the Statute-for each hour, 16. At proofs and precognitions:(a) Proofs: For each hour occupied at proofs, depositions, declarations, examinations, or judicial inspections, or before reporters or judicial referees, Note 1.-No fees to be allowed in respect 2. When a proof is necessarily taken (b) Precognitions: For each witness actually examined at the proof, or whose examination has been rendered unnecessary by admissions or other procedure after precognition, Note.-No precognition fee will be allowed, unless a written precognition shall be exhibited to the Sheriffclerk, for the purpose of being authenticated by his initials before the party commences his proof, and which precognition, so marked, must at taxing be produced to the auditor. 17. Outlay: The reasonable travelling expenses (including subsistence of agents travelling to attend inspections, commissioners, reporters, or judicial referees, and to precognosce witnesses, serve protests, or other necessary business, will be allowed, but only when they are necessarily required to go to a distance from the place where the court is held, and when vouched to the satisfaction of the auditor, 18. Attendance on auditors: At taxation of expenses, when the decree is in absence, In litigated cases, and under diligence, When the account is under £5, £5, and under £20, £20 and upwards, |