Imágenes de páginas
PDF
EPUB
[blocks in formation]

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, sbould be filed within days (or as the case may be).

X. Y. filed statenient 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

] in answer to claim.

X.Y. filed notice for hearing of reference.

X.Y. [or Y. Z.) tiled registrar's (or deputy registrar's] report, &c.

8

9 15

Here insert address for service of Here insert address for service of

documents required to be served documents rebuired to be served on the plaintiffs.

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.

[ocr errors]

SCHEDULE B.

Section 254. TABLES OF FEES TO BE TAKEN BY SOLICITORS, COUNSEL, REGISTRAR

AND DEPUTY REGISTRARS, SPECIAL OR OTHER EXAMINERS, OFFICIAL
REPORTER, MARSHAL DEPUTY MARSHALS, APPRAISERS,
WITNESSES, AND GOVERNMENT FEE FUND.

AND

1.-BY THE SOLICITOR.

1. Instructions.

1. Instructions for suit or to defend

$ 3 00 2. Instructions for suit or to defend when no warrant is issued

2 00 3. Instructions to counsel in special matters

1 00 4. Instructions to counsel in common matters

050 5. Instructions for special affidavit when allowed by taxing officer

1 00 6. Instructions for statement of claim or defence or counterclaim

1 50 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 of judge or surrogate

2 00 9. Instructions for brief

2 00 10. Instructions for adding parties in consequence of marriage, death, assignment, &c. ...

1 00 11. Instructions to defend added parties

2 00 12. Instructions for such other important step or proceeding in the action as the taxing officer is satisfied warrants such a charge

2 00

2. Writs,

13. All writs (except writs of execution and concurrent writs)
14. Concurrent writ
15. Renewed writ (except writ of execution)
16. On all writs for every folio over 4..
17. Notice of writ under Sec. 16 (including copy)
18. Special indorsement on writ of summons

1 00 0 75 1 00 0 20 1 00 0 50 4 00 3 00

19. { Renewal of writ of execution

(In both cases to include placing the same in the marshal's or deputy

marshal's hands, and all attendances, indorsements and letters in
connection therewith.)

0 50 0 10

3. Copy and Service of Writs.
20. For copy including copy of notices required to be indorsed
21. If over 4 folios, for each additional folio
22. Service of each copy (if not done by marshal or deputy marshal or sub-

stitute)
23. Mileage, if over 2 miles, for each additional mile.
24. For service of writ out of jurisdiction, such allowance as judge or

surrogate shall think fit.

1 00 0 13

4. Drawing Plealings, &c.

25. Statement of claim or defence or statement of defence and counter

claim not exceeding 10 folios (including copy to keep)..
26. For every additional folio
27, Other pleadings per folio
28. Special case per folio
29. Interrogatories, &c., per folio

(The above charges do not include engrossing, or copies to file or

serve.)
In collision cases preliminary acts not exceeding 10 folios

2 00 0 20 0 20 0 20 020

30. { Forevery additional folio

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

0 10 32. Certified copies of pleadings, &c., for use of judge or surrogate

2 00 33. For every folio over 20

0 10 34. Copies of orders or other documents for service or for filing, per folio. 0 10 35. Observations and other original matter in brief, per folio

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. For each additional folio

0 20 41. Other notices (common)

050 42. Notice of setting down

050 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.

1 00

2 00

1 00

46. Of statement of claim, defence, defence and counterclaim...
47. Of special case, except the one by whom prepared, when case is submit-

ted in course of cause.
48. Interrogatories and cross-interrogatories or interrogatories on commis-

sion
(To be increased in discretion of taxing officer to $5.00.

Of affidavits of party adverse in interest filed or produced on any appli49. cation, when persual necessary, 20 folios or under.

Every folio over 20, per folio
(Not to exceed in any case $5 00.)

{

1 00 0 05

7. Attendances.

(Necessary attendances conseqnent upon service of notice to produce or

to admit, or inspection of documents under order, including making 50.- admission

1 00 To be increased by taking officer in a case of special, difficult or important nature to..

2 00 In chambers, on return of motion

1 00 51. To be inereased in discretion of judge or surrogate to a sum not exceeding

5 00

2 00 On counsel, consultation in special, important or difficult matter. 52. To be increased by judge or surrogate to a sum not exceeding

5 00 (No special attendance to be allowed to solicitor on proceeding when

he also acts as counsel.)
Solicitor attending court on trial of action, when not himself counsel
or partner of the counsel

2 00 53. { In special, important or difficult cases, each hour necessarily present at trial

1 50 ( Not to exceed per day

10 00 (Provided such attendance of solicitor and length of time be noted

at the time in book of officer of court present at the time or be

proved by affidavit.) 54. To hear judgment, when not given at close of argument or when judg. ment reserved, each attendance..

2 00 55. On taxation of costsper 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 exam59. iner, per hour.

1 00 To be increased in discretion of surrogate or registrar to..

2 00 60. Every other necessary attendance

0 50 61. On important points and matters requiring attendance of counsel the

registrar, deputy registrar or examiner may certify amount of counsel
fee proper to be allowed (to be noted at the time) for guidance of
judge or surrogate who may allow same in lieu of fees for attendance.

8. Affidavits.,

62. Drawing affidavits, per folio ...

0 20 63. Common affidavits of service to include attendance to swear, and oath, 1 00 64. Engrossing affidavits to have sworn, per folio

0 10 65. Copies of atfidavits when necessary, per folio

0 10 66. The solicitor for preparing each exhibit.

0 10 9. Briefs. 67. For drawing briefs, 5 folios or under

2 00 68. For each folio above 5.....

0 10 69. For drawing brief, per folio, for original and necessary matter

0 20 70. Copy of documents other than pleadings, per folio

0 10 71. Copy of brief for second counsel, when fee taxed to him, per folio. 0 10 Appearance by defendant, including attending to enter same..

100 72. If over five folios, per folio

0 20 For every additional defendant

0 20

0 20 1 00

10. Judgments, or Orders. 73. Drawing minutes of judgment or order, per folio, when prepared by

solicitor under directions of judge or surrogate, or registrar or deputy

registrar 74. Judgment for non-appearance on specially indorsed writs.. 75. Attending for appointment to settle or pass judgment, or order of

court, copy and service 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

minutes
77. To be increased in the discretion of the taxing officer in special and

difficult cases, when the solicitor attends personally, to a sum not
exceeeding altogether

1 00

1 00

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... 79. Common letters, including necessary agency letters.. 80. With power to the registrar or deputy registrar as between solicitor

and client, to increase the fee for special and important lotters, to an

amount not exceeding 81. Postages-the amount actually disbursed.

050 050

2 00

12. Statements.

82. 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

[ocr errors]

2 00

2 00

84. On argument in chambers in cases proper for the attendance of counsel

(to be increased in the discretion of the judge or surrogate to a sum

not exceeding $10.00 to be marked at the time)...
85. Fee on settling pleadings, replications (when special) and advising

whether cause should be set down for examination and hearing, and
advising on evidence (to be increased in the discretion of the judge or

surrogate to a sum not exceeding $10.00)....
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)...
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 coun.
sel fee when counsel attended the same, (to be noted at the time) not
to exceed.....

5 00

2 00

5 00

89. Fee on consultation when necessary.

5 00 90. Fee with brief at trial....

10 00 (To be increased by judge or surrogate at his discretion.) 91. To attend reference to registrar or deputy registrar, when counsel necessary..

5 00 (To be increased in special and important matters requiring the atten.

dance of counsel by the judge or surrogate upon notice to the
opposite party.)

100

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 discre-

tion of the jndge or surrogate.
93. Drawing judge's or surrogate's appointment, and attendance for his sig.

nature and to serve
(When served on more than one party the extra pies and services

shall be allowed.)
94. Drawing bill of costs as between party and party for taxation, includ.

ing engrossing and copy for taxing officer, per folio.
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.

0 30 0 10

IV.-COURT FEES.

97. Fee on certified copy of pleading for judge or surrogate...
98. Fee on every order or judgment to the party obtaining the same......

1 00 1 00

V.-DISBURSEMENTS.

1. Fees to be taken by the Registrar or Deputy Registrar. 99. Every writ of summons

0 50 100. Entering appearance and filing memorandum thereof.

0 20 101. Filing statement of claim..

0 20 102. 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 named

1 00 106. Certificate of arrest

1 00 107. Amending every writ or other proceeding.

0 30 108. Instructions under Sec. 45....

0 50 109. Every attendance on warrant or appointment, not exceeding one hour 1 00 110. Every additional hour, or less...

1 00 111. Filing preliminary acts..

0 50 112. Filing special case.

050 113. Certificates of not more than 2 folios, to include forwarding same under rules, except postage.

050 114. For each additional folio

0 20 115. Notice to assessors, each

0 25 116. Setting down for trial..

4 00 117. Forwarding papers from one office to that of another.

050 (And postage or express charges.) 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.

075 122. Each direction to the bank to receive money

0 50 123. Fee on filing receipt and papers from deputy registrar on payment into court

025

« AnteriorContinuar »