New Zealand Gazette – 1896 – No. 11

Page 327

✨ Legal Costs Schedule and Servants' Registry Fees



FEB. 20.] THE NEW ZEALAND GAZETTE. 327

£200 or under. Over £200 to £500 Above £500.
£ s. £ s. £ s.
5. On judgment by default without motion 1 1 2 2 3 3
6. On judgment by confession without motion 1 1 2 2 3 3
7. Payment into Court 1 1 2 2 3 3
8. On a discontinuance or a dismissal of action 1 1 2 2 3 3
9. When an application to enter judgment is necessary in cases 5, 6, 7, and 8, the costs of the application as allowed.
10. Preparing and filing statement of defence 3 3 5 5 8 8
11. Preparing for trial to either party, in addition to costs under Nos. 1, 2, 3, or 10. (These costs, or a portion of them, may be allowed in addition to Nos. 5, 6, 7, and 8, if necessarily incurred) 4 4 6 6 10 10
12. In case of a special jury, costs of striking and reducing, and other incidental steps 2 2 2 2 2 2
13. Trial or hearing of an action or of issues or of any proceedings under Chapter II. of Part VII. 7 7 5%
14. Extra counsel, if certified for, each 3 3 5 5 8 8
15. Second and each succeeding day of trial or hearing, if certified for, not exceeding 15 15 15 15 15 15
16. New trials and rehearings, two-thirds of the rates under Nos. 13, 14, and 15
17. Charging order Nisi 2 2 3 3 4 4
Absolute, without motion 1 1 2 2 3 3
Absolute, on motion 2 2 4 4 6 6
18. Writ of sale 1 1 2 2 3 3
19. Writ of sale against land, extra 1 1 2 2 3 3
20. Conditions of sale when required: As allowed by Registrar.
21. Commission or order to examine witnesses in the colony, up to examination 2 2 4 4 6 6
22. Examination before examiner, for each witness, in addition to examiner's fees per hour 0 5 7/6 10/6
23. Order and commission for examination of witnesses out of the colony 3 3 6 6 9 9
24. Interrogatories: copies and service 2 2 4 4 6 6
25. Answers to interrogatories 2 2 4 4 6 6
26. Production and inspection of documents under order for discovery 1 1 2 2 2 2
27. Preparing and settling special cases 2 2 4 4 6 6
28. Argument of special case or question of law stated for the opinion of the Court, or of facts stated by the Jury in lieu of verdict, not exceeding 10 10 15 15 30 0
29. Motions not specially provided for: £2 2s. to £10 10s., as certified for.
30. Extra counsel may be certified for under Nos. 28 and 29 at each per day not exceeding 3 3 5 5 8 8
31. Summonses and other applications in Chambers: £1 1s. to £5 5s. as certified for.
32. Taking accounts, making inquiries, and other proceedings before Registrar, per hour: £1 1s.
33. Matrimonial suit in accordance with such scale of this table and rules as may be certified.
34. Appeals from inferior Courts (not otherwise provided for): Not exceeding £100, £10 10s.; over £100, £20. An allowance not exceeding £10 10s. may be made every day after the first.
35. In addition to the above, all disbursements for fees of Court, fees of officers, witnesses' expenses actually paid according to the allowance fixed by Table E, agency charges, if specially allowed, and other necessary payments.
36. The foregoing costs are to be calculated on the amount recovered by the plaintiff if he succeeds, and on the amount claimed in the action if the defendant succeeds. When relief, other than a sum of money, is claimed either alone or in addition to a sum of money, the Court on giving judgment shall fix under what head costs shall be allowed. If judgment is entered before trial, without application to the Court, the Registrar shall fix the head.

The total cost of an action, exceeding disbursements, shall not exceed £300, unless the Court shall certify for the whole costs of the action. This shall not limit the power of the Court under Rule 532 to fix the costs at any amount.

ALEX. WILLIS,
Clerk of the Executive Council.

Servants' Registry Offices.—Scale of Fees.

GLASGOW, Governor.
ORDER IN COUNCIL.
At the Government House, at Wellington, this twentieth day of February, 1896.
Present:
HIS EXCELLENCY THE GOVERNOR IN COUNCIL.

IN exercise of the power conferred upon him by "The Servants' Registry Offices Act, 1895," and of all other powers and authorities him enabling in this behalf, His Excellency the Governor of the Colony of New Zealand, acting with the advice and consent of the Executive Council of the said colony, doth hereby revoke the Order in Council made by him on the thirteenth day of January, one thousand eight hundred and ninety-six, and published in the Gazette of the twenty-third idem, at page ninety-five, and in lieu thereof doth hereby prescribe the following scale of fees chargeable by and payable to license-holders in respect of the hiring of servants.

SCALE OF FEES.

Fees payable by
Servant.
For every engagement actually made—Single engagements—Where weekly rate of wages does not exceed 5s. 2 0
Where weekly rate of wages exceeds 5s. but not 10s. 2 6
Where weekly rate of wages exceeds 10s. but not 12s. 6d. 4 0
Where weekly rate of wages exceeds 12s. 6d. 5 0
Married couples—Where yearly rate of wages does not exceed £50 7 6
Where yearly rate of wages exceeds £50 10 0
In the case of country engagements, meaning thereby those which are for places situate more than three miles from the license-holder's office, the following additional fees shall be payable—Single engagements—Where the weekly rate of wages does not exceed 10s. 1 0
Where the weekly rate of wages exceeds 10s. 2 6
Married couples—In every case 2 6

"The Servants' Registry Offices Act, 1895," provides as follows:—

Section 15. "Every license-holder shall at all times keep posted up in some conspicuous place in his office, so as to be easily read by all persons, a printed copy of the scale of fees for the time being in force under this Act."

Section 16. "It shall not be lawful for any license-holder to directly or indirectly demand or receive from any person for or in respect of the hiring of any servant any greater or other fees than those specified in such scale; and any sum so in any way received by any license-holder in breach of this section may be recovered back, with full costs of suit, by the person who paid it.

"No license-holder shall directly or indirectly take or accept of any goods or chattels in payment or as security for the payment of such fees, nor shall any license-holder receive or accept any reward or other consideration in addition to the said fees."

Section 19. "If any person being a license-holder fails or neglects to comply with any of the provisions of this Act, or, being a license-holder or not, commits a breach of any of the provisions of this Act, he is liable to a penalty not exceeding five pounds."

Section 22. "Every conviction against a license-holder shall be indorsed on his license by the convicting Magistrate or Justices, and, upon a third conviction within three years from the first indorsement within such period being made, the license shall be deemed ipso facto cancelled, and the Clerk of the Court shall deliver it up to the Inspector."

Section 23. "No person whose license has been cancelled shall be entitled to hold a license in any district until the expiration of one year from the date of such cancellation."

ALEX. WILLIS,
Clerk of the Executive Council.



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Online Sources for this page:

VUW Te Waharoa — PDF NZ Gazette 1896, No 11




✨ LLM interpretation of page content

⚖️ Second Schedule: Scale of Costs (continued from previous page)

⚖️ Justice & Law Enforcement
Costs, Legal Fees, Court Procedures, Scale of Costs
  • Alex. Willis, Clerk of the Executive Council

👷 Servants' Registry Offices Scale of Fees

👷 Labour & Employment
20 February 1896
Servants' Registry Offices, Scale of Fees, Hiring of Servants, Order in Council, Glasgow Governor
  • Glasgow, Governor
  • Alex. Willis, Clerk of the Executive Council