✨ Legal Fees and Allowances
APRIL 1.] THE NEW ZEALAND GAZETTE. 1063
APPENDIX C.
ALLOWANCES AND COSTS.
ALLOWANCES TO WITNESSES.
GENTLEMEN, merchants, bankers, and professional men, per diem ... 15s. to 21s.
Auctioneers, accountants, clerks, farmers, and tradesmen, per diem ... 12s. ,, 15s.
Artisans and journeymen, per diem ... ... ... ... 10s. ,, 12s.
Labourers, per diem ... ... ... ... 8s. ,, 10s.
Female witnesses : Two-thirds the above sums.
Children : A reasonable amount for expenses, to be fixed by the Court.
Travelling-expenses : The cost of conveyance by railway, coach, or other public conveyance, or, if no such conveyance, 9d. per mile, one way. Witnesses of the artisan and labourer classes to be allowed second-class fare; the others first-class.
If the witnesses attend in more than one action they will be entitled to a proportionate part in each action only.
ALLOWANCES TO SCIENTIFIC OR EXPERT WITNESSES.
For qualifying to give evidence, from ... ... ... ... 10s. to £5.
Attending Court on trial, per diem ... ... ... ... 10s. ,, £2.
In estimating the amount to be allowed, the character of the action, the professional standing of the witness (if a professional man), and the propriety of retaining the particular witness are to be considered, and in no case is the maximum allowance to be exceeded. Travelling-expenses to be allowed on the same scale as to an ordinary witness.
The above allowances shall not apply to persons who prepare plans, drawings, models, &c., for the purpose of illustration, and who, if called at the hearing of the action, prove the correctness of such plans, drawings, models, &c., only; but in lieu thereof these may be allowed the sum reasonably paid for the same if prepared for the purposes of the action. Any such person shall be allowed expenses upon the scale for ordinary witnesses.
Either party to an action may be allowed the sum reasonably expended in the conveyance of any chattel for production before the Court.
SOLICITORS’ FEES.
| Under £2. | £2 and under £5. | £5 and under £20. | £20 and under £45. | £45 and over that Sum. | |
|---|---|---|---|---|---|
| £ s. d. | £ s. d. | £ s. d. | £ s. d. | ||
| For entering plaint | No fee | 0 5 0 | 0 5 0 | 0 10 0 | 1 0 0 |
| Appearance in Court to conduct action in defended cases | ,, | 1 1 0 | 1 1 0 | 2 2 0 | 5 per cent. |
| Appearance in undefended cases | ,, | No fee | 0 10 6 | 1 1 0 | 2½ per cent. |
| For appearance on examination of witnesses under section 87 at Court of examination in undefended cases | ,, | 0 10 6 | 0 10 6 | 1 1 0 | 2½ per cent. |
| Ditto in defended cases | ,, | 0 10 6 | 1 1 0 | 1 11 6 | 2½ per cent. |
| Appearance in tenement cases, £1 1s. to £2 2s. | |||||
| Appearance in Court or Chambers on any interlocutory proceeding or other matter within the jurisdiction of the Court under the Act, 5s. to £2 2s. |
| Amount exceeding £2, but not exceeding £100. | £100 and over that Sum. | |
|---|---|---|
| £ s. d. | £ s. d. | |
| For appearance on application for attachment order (interlocutory) | 0 10 6 | 0 10 6 |
| ,, (absolute) | 0 10 6 | 1 1 0 |
| For appearance on an examination of a debtor | 1 1 0 | 2 2 0 |
In case of payment into Court or confession, no solicitor’s fee for appearance will be allowed if the party paying into Court or confessing judgment files notice with the Clerk of the Court and serves notice upon the other party, or at the office of his solicitor, not later than noon of the day preceding the day fixed for the hearing of the case : Provided that, if the day preceding the day of hearing is a Sunday, or Court holiday, the notice must be filed and served not later than noon of the next preceding business day. If notice is not so given the Court will allow half the solicitor’s fee, as per scale.
No allowance will be made in cases of payment into Court or confession unless the name and address of the solicitor for plaintiff appears upon the statement of claim.
Provided that a Magistrate may allow a fee not exceeding £2 2s. to the plaintiff on any amount recovered, however small, or to a defendant who successfully defends an action brought for any amount, however small, provided that the Magistrate certifies in writing in the Civil Record-book that the action involved some novel or difficult point of law, or that the question litigated was of importance to some class or body of persons, or of general or public interest.
INTERPRETERS’ FEES.
Interpreter’s fee for interpreting in Court, each case,— £ s. d.
If engaged less than one hour ... ... ... ... 0 10 6
If engaged over one hour (but not to exceed £2 2s. a day) ... £1 1s. to 2 2 0
Filling in Maori duplicate of summons and translating claim,—
If merely a tradesman’s account ... ... ... 2s. 6d. to 0 5 0
If there is a statement of claim other than such account, if under fifty words... 0 5 0
If over fifty words, per folio of seventy-two words, after the first fifty ... 0 5 0
Translating any documents required in proceedings, per folio of seventy-two words 0 5 0
In no case are numerals to count. The above fees are for the document and the duplicate thereof (if required).
An interpreter may also, when necessary, be allowed travelling-expenses on the scale allowed to witnesses.
The Magistrate may in special cases order higher or other fees than the above to be paid to an interpreter. Such order shall be entered in the minute-book, and shall show the reason for making it.
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✨ LLM interpretation of page content
⚖️ Allowances and Costs for Witnesses and Experts
⚖️ Justice & Law EnforcementWitness allowances, Expert witness fees, Travel expenses, Court fees
⚖️ Solicitors' Fees Schedule
⚖️ Justice & Law EnforcementSolicitor fees, Court appearances, Legal costs, Plaint entry
⚖️ Interpreters' Fees and Allowances
⚖️ Justice & Law EnforcementInterpreter fees, Maori translation, Court interpreting, Travel expenses
NZ Gazette 1910, No 30