A.D. 1875. Stamps. PART III. ORDER AS TO THE TAKING OF THE FEES AND PER- [28th October, 1875.] WHEREAS, by Section 26 of the Supreme Court of Judicature Act, 1875, it is provided that the fees and percentages appointed to be taken in the High Court of Justice and in the Court of Appeal, and in any Court to be created by any commission, and in any office which is connected with any of those Courts or in which any business connected with any of those Courts is conducted, shall, except so far as they be otherwise directed, be taken by means of stamps; and further, that such stamps shall be impressed or adhesive, as the Treasury may from time to time direct; and that the Treasury, with the concurrence of the Lord Chancellor, may from time to time make such rules as may seem fit for publishing the amount of the fees and regulating the use of such stamps, and particularly for prescribing the application thereof to documents from time to time in use or required to be used for the purposes of such stamps, and for insuring the proper cancellation of such stamps. Now, we, the undersigned, being two of the Lords Commissioners of Her Majesty's Treasury, do, with the concurrence of the Lord Chancellor, hereby give notice and order and direct 1. That from and after the 1st November next, being the date fixed for the commencement of this Act, all orders and regulations now in force with respect to the use, proper cancellation, mode of keeping accounts, and allowance of fee stamps in The Admiralty Court, shall continue in force up to the beginning of the sittings to take place after January next, or they shall respectively be altered or annulled by any rules hereafter to be made and published in conformity with the Act. 2. That the stamps to be used in the collection of fees and percentages payable under the order made in pursuance of the powers given by the Supreme Court of Judicature Act, 1875, bearing date this day, shall, until further notice, be either impressed or adhesive as directed in any previous order; and, in cases to which no previous order is applicable, shall be either impressed or adhesive, at the option of the parties by whom the fees are payable. 3. That, until we do order to the contrary, the dies heretofore in use for impressing stamps in any of the Courts affected by the said Act, and also the adhesive stamps heretofore in use, shall be available and valid for the taking of the said fees and percentages, and may be used notwithstanding that new dies and stamps appropriated to the Supreme Court of Judicature may in the meantime have been issued by the Commissioners of Inland Revenue, which will also be valid and available. (a) By order of October 24, 1877, fees are to be taken by stamps in the District Registries of Liverpool and Manchester, except in respect of proceeds of a sale of a ship by order of the Admiralty Division. 5. And, that where any of such fees are payable in respect of any A.D 1875. matter or thing to be done by any officer or in any office whatever of the Supreme Court of Judicature, and it shall not have been customary or may not be necessary to use any written or printed document or paper in reference to such matter or thing whereon the stamp could be stamped or affixed, the party or his solicitor requiring such matter or thing to be done shall make application for the same by a præcipe, or short note in writing or print, and a stamp denoting the amount of the fees so payable shall be stamped or affixed to such præcipe or note. 6. That, where a fee is payable, but no directions are found in previous orders as to the document to which the stamp is to be applied, it shall be lawful, until we do otherwise order, for any officer of the Supreme Court whose duty it would be to see that the fee in question is duly paid by means of a stamp, to decide on what document such stamp shall be impressed or affixed. Given under our hands, MAHON. I hereby signify my concurrence in the before-mentioned rules and regulations. CAIRNS, C. PART IV. FEES AND COSTS IN SALVAGE CASES HEARD IN A SCALE OF FEES AND COSTS ALLOWED IN PURSUANCE OF 25 & 26 VICT. Fees to Assessors and Umpires. To assessors, for each day's attendance and service in £ 8. d. 110 110 Fees to be paid to the Clerks of Justices or Stipendiary Magistrates in And, if the above cases be heard by the judge of a County A.D. 1875. Convening justices and assessors and umpire to hear a case of salvage, for each person convened Notices to parties to the inquiry, of time of hearing a Summons and duplicate to each witness, if required Taking written examination of witnesses, per folio ... ... ... ... ... ... £ & d. 020 ... 020 020 Fair copy of same, per folio Fees to Witnesses. ... Seamen and others of same class for each day's full at ... For any less time of attendance NOTE.-Travelling expenses, such as are fair and moderate and have been actually paid, to be allowed, but the same not to exceed 3d. per mile each way, in going to and returning from the place of meeting; and all witnesses attending before justices and Courts, whose usual place of abode is distant more than five miles from the place of meeting, and who may be necessarily detained there more than one day, to be allowed no greater sum for each night they may be so necessarily detained, than 0 1 0 Fees to Practitioners. If any attorney be employed to conduct the inquiry, &c., But no fee shall be paid to him for more than two days' 1 1 0 APPENDIX III. ADMIRALTY COURT RULES, 1859 (a). PART I. RULES, ORDERS AND REGULATIONS FOR THE HIGH MADE IN PURSUANCE OF THE PROVISIONS OF THE ACTS OF THE 3 & 4 VICT. c. 65 and 66, and 17 & 18 VICT. c. 78. 1. In the construction of these rules, orders, and regulations, the following terms shall (if not inconsistent with the context or subjectmatter) have the respective meanings hereinafter assigned to them; that is to say: 66 Judge " shall mean the judge of the High Court of Admiralty of Registrar" shall mean the registrar of the High Court of Admiralty of England, or any deputy or assistant registrar of the said Court. “Marshal” shall mean the marshal of the High Court of Admiralty of England, or any deputy or assistant marshal of the said Court. "Counsel" shall mean any advocate, serjeant-at-law, or barristerat-law, entitled to plead in the said Court. "Proctor" shall mean any proctor, attorney or solicitor, entitled to practise in the said Court, or the party himself if conducting his cause in person. "Registry" shall mean the registry of the High Court of Admiralty of England. "Cause" shall mean any suit, action, appeal from award of justices, or other proceeding instituted in the said Court. "Name" of any person shall mean both the Christian name and surname of such person. (a) By the Judicature Act, 1875, s. 21, these rules are in force, except in so far as they are inconsistent with the rules made under the Judicature Acts. Those which follow are such as still exist. A.D. 1859 2. These rules, orders, and regulations shall, if previously confirmed by Her Majesty in Council, come into operation on the 1st day of January, 1860, and shall apply to all causes instituted on and after that day. 3. The practice of the Court in operation before the 1st day of January, 1860, shall continue in force, save in so far as it may be inconsistent with these rules, orders, and regulations. Entry of Appearance. 37. If the proctor intends to object to the jurisdiction of the Court, the appearance may be entered under protest. Bail. 39. If bail is to be given in the registry, the proctor shall, on filing in the marshal's office a præcipe, receive a notice of bail, a copy of which shall be served on the adverse proctor. 40. After the expiration of twenty-four hours from the time when the notice of bail shall have been so served, if the marshal has reported as to the sufficiency of the sureties, the proctor shall be entitled to take up the marshal's report. He shall then file in the registry a præcipe with the notice of bail and the marshal's report, and shall be informed at what hour the sureties may attend. 41. The bail bond shall be signed by the sureties, and shall be taken either before the registrar, or, by the registrar's directions, before one of the clerks in the registry. 42. Bail may also be taken under a special commission, or before standing commissioners to be appointed by the judge; but in every such case the sureties shall justify. 43. A bail bond taken before a commissioner appointed under a special or standing commission shall not be filed in the registry until after the expiration of twenty-four hours from the time when a notice, containing the names and addresses of the sureties and of the commissioner before whom the bail was taken, shall have been served upon the adverse proctor; and a copy of the notice, verified by affidavit, shall be filed with the bail bond. 44. A commissioner appointed under a special or standing commission shall not take bail on behalf of any person for whom he or any person in partnership with him is acting as proctor, attorney, solicitor, or agent. 45. The delays required by the preceding rules in regard to the taking of bail may be dispensed with by consent of the proctors in the cause. Releases. 46. Property arrested by warrant shall only be released under the authority of an instrument issued from the registry, to be called. a release. 47. A proctor at whose instance any property has been arrested, may, before an appearance has been entered, obtain the release thereof by filing a præcipe to withdraw the warrant. |