2904
THE NEW ZEALAND GAZETTE.
[No. 81

Amending Tables of Fees in Magistrates’ Courts.

ROBERT STOUT,
Administrator of the Government.
ORDER IN COUNCIL.

At the Government House at Wellington, this 8th day of December, 1924.

Present:

HIS EXCELLENCY THE ADMINISTRATOR PRESIDING IN COUNCIL.

IN pursuance and exercise of the powers and authorities conferred by the Magistrates’ Courts Act, 1908, His Excellency the Administrator of the Government of the Dominion of New Zealand, acting by and with the advice and consent of the Executive Council of the said Dominion, doth hereby amend, as set forth in the Schedule hereto, the tables of fees as prescribed in Appendix C and Appendix D to the rules and regulations made under the said Act by Order in Council dated the ninth day of August, one thousand nine hundred and twenty, and gazetted on the twelfth day of same month, as referred to in rules sixty-four and sixty-five of the said rules and regulations, and doth declare that this Order in Council shall take effect as from the first day of January, one thousand nine hundred and twenty-five.

SCHEDULE.

APPENDIX C is hereby amended by revoking that portion headed “Solicitors’ fees,” and in lieu thereof substituting the following:—

SOLICITOR’S FEES.

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, 10s. 6d. to £2 2s.

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, at least forty-eight hours before the time appointed for the hearing in the case of payment into Court or not later than noon of the day preceding the day fixed for the hearing in the case of a confession: 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.

Appendix D is hereby amended by inserting the figures “3 0” in the column headed “Any Amount or where no Amount claimed” opposite to the words “Judgment on confession, by consent (including filing or lodging of same) or by default (where no witness is sworn),” and also opposite to the words “Judgment on confession, by consent (including filing or lodging same) or by default (where no witness is sworn), on counterclaim.”

F. D. THOMSON,
Clerk of the Executive Council.