1504
THE NEW ZEALAND GAZETTE.
[No. 87

allowed in respect of all proceedings to determine |
compensation payable by the Crown:—
Where the compensation claimed is under £100, a sum not
exceeding £5.
Where it exceeds £100, then a like fee and £2 per centum
on the sum claimed up to and including £2,500.
Where the sum claimed exceeds that amount, then a
further fee of 1 per cent. on the excess over £2,500 will
be allowed, but so that the total fee payable shall not,
unless specially authorized, exceed £100 in any one
case.
This scale is exclusive of all Court fees, Assessors'
fees, witnesses' expenses, and other actual disburse-
ments.
44. Where proceedings are taken under sections
135 and 136 of "The Public Works Act, 1882," the
costs to be allowed shall be at the same rate as those
paid in summary proceedings under these regulations.
45. Where the Crown is respondent in a series of
compensation cases arising in respect of any public
work, the Minister for Public Works shall fix such
sum by way of costs to be allowed to the solicitor
employed, and the amount of fees to be allowed to
counsel engaged, as may be agreed between the
Minister and the solicitor.
PART III.—CONVEYANCING.
(1.) Ordinary Matters.
46. The scale to be allowed for the preparation and
completion of any instrument for the conveyance of
land, or any estate or interest therein, whether under
"The Land Transfer Act, 1870," or its amendments,
or under the Conveyancing Ordinance or its amend-
ments, shall be a sum not exceeding £3 3s.
This scale is exclusive of any actual disburse-
ments for stamps, registration or other fees, or
otherwise where the same may be payable, but
includes all charges for searches and investigation of
title.
47. Where printed forms of lease, bond, or other
documents to which the Crown or any officer thereof
is a party are procurable, and the costs of which are
properly payable by the Crown, the same shall be
filled up and completed at a charge not exceed-
ing £1 1s.
48. Where the title is intricate, or where the
instrument to be prepared is of a special nature,
requiring more than ordinary skill in its preparation,
whether relating to the transfer of property or not,
the department giving instructions must previously
arrange with the solicitor as to the extra costs to be
allowed.
49. Where by the ordinary course of practice the
costs of preparing and completing any instrument or
a counterpart thereof ought to be borne by one of
the parties thereto, solicitors will arrange that the
costs properly chargeable to such party are paid by
him.
50. Where an instrument requires to be registered
or deposited, it shall be handed by the solicitor who
prepared it to some officer of the department in-
structing such preparation, with a memorandum to
the effect that it is complete, and indicating where it
ought to be registered or deposited.
All deeds or instruments of title shall be sent to
such department as the solicitor may be instructed.
PART IV.—GENERAL.
51. Subject to the terms of these regulations, in-
structions to solicitors will always be conveyed by
some department of the Government, either through
the permanent head or some officer thereof by his
direction.
52. Without such direction no Government officer
shall seek legal advice or take any steps or proceed-
ings respecting any matter connected with his depart-
ment.
53. Counsel's opinion will not be allowed for in
any case unless the leave of the department has been
first obtained for that purpose.
54. Crown Solicitors and Crown Prosecutors will
always be employed in the conduct of criminal pro-
secutions and in summary proceedings, but not neces-
sarily in other business.
55. The Crown reserves to itself the right of
indicating what counsel shall be employed, and the
number of such counsel, and of prescribing the fees
to be paid.
56. The Crown also reserves to itself the right of
taking any matter out of the hands of any solicitor
employed, and requiring that all deeds, instruments,
and papers in the hands of such solicitor relating to
the particular matter shall be handed over to some
other solicitor to be nominated by the Crown.
57. No solicitor employed by the Crown shall have
any lien upon any deeds, papers, or instruments in
his hands, or upon any fund or moneys which shall
be paid into his hands in any manner or upon any
account whatsoever.
58. Vouchers for costs shall be rendered to the
department instructing the proceedings or business.
Except where otherwise provided herein, the
head of such department, or some officer thereof
appointed for the purpose, shall certify that the
business charged for has been duly performed, and
arrangements will be made for ascertaining that the
costs rendered are in accordance with these regu-
lations.
59. Where costs have been received or recovered
by the solicitor employed by the Crown from one of
the litigant parties, such solicitor must give credit for
such costs or pay the same into the public account, as
he may be instructed.
60. Vouchers for costs or any items therein may
be referred to the solicitor rendering the same for
explanation previous to payment.
61. Where a solicitor is required to transact busi-
ness at a distance from his usual place of residence
an agent must be employed where practicable, unless,
from the nature of the case or for special reasons, it
is necessary that the solicitor employed should him-
self transact such business..
Agents' charges must, as far as possible, be made
upon the same scale as those allowed to his principal.
Charges made contrary to this regulation will be
disallowed.
62. As a rule no charges will be allowed for casual
attendances upon Government officers, for writing
letters, sending telegrams for instructions, or for
explanations or instructions relative to the business
in hand or reporting upon its conclusion
63. Nothing in these regulations shall be deemed
to prevent the Crown from taking steps to procure
the taxation of any costs by the proper officer in the
usual way.
64. It will be the duty of the head of each depart-
ment and other officers thereof, in directing business
to be undertaken, to see that full instructions are
given to the solicitor at the time the business com-
mences, and during its progress to render all reason-
able assistance to him.
65. Travelling expenses will be allowed to solicitors
in all cases where they are required to travel more:
than three miles from their usual place of business,
after the following rate:—
(a.) The sum actually paid when the travelling
can be performed by railway, or by public
conveyance by sea or by land;
(b.) In other cases, 1s. per mile one way;
(c.) In addition to the above not exceeding
£1 per diem will be allowed as hotel ex-
penses for each day or part of a day during
which the claimant shall be absent from his
usual residence.