NEW REGULATIONS.

Dominion, Volume 3, Issue 784, 6 April 1910, Page 3

NEW REGULATIONS.

THE MAGISTRATE'S COURT,

WITNESSES' AND SOLICITORS' FEES. ' A supplementary Gazetto issued last night contains new rules, regulations, forms, charges, costs, and fees in place of those formerly in vogue for Magistrates' Courts, and they will take effect as from April! last.

It is provided, inter alia, that for goods sold and delivered particulars of which have already been delivered in writing, it shall bo a sufficient compliance with Section 65 of tho Act if the statement of claim is in tho form set out in the schedule to tho Amendment Act passed last session, or in such similar form as is appropriate to tho case. A defendant having failed to file- notice of his intention to. defend an action should not be allowed to ,; do so, except by leave'of the... Court oii special grounds. .

If tho relief claimed by the plaintiff is payment of a liquidated demand m money, and the defendant does not filo notice that he intends to-defend the action within the prescribed time, the plaintiff may, upon written application, on the day appointed for tho hearing of the action, apply, to have judgment entered by default for any sum not exceeding'the sum claimed in his statement_ of claim, and the sum to which he is entitled for costs up to the date of hearing.*. Upon the plaintiff appearing on the date of hearing, and lodging form, and paying tho prescribed fee for entering judgment by default, the Court shall enter up'judgment, and it will not he necessary for tho plaintiff to wait until the judgment is so entered. The case need not bo called out in Court. No fee, shall

bo payable for lodging form. The following are instances of. claims. for a liquidated demand in money on which a plaintiff may proceed under the last paragraph, namely: Claims on simple contract debts, or on bills of exchange, promissory notes, cheques, or on bond or' contract under seal for payment of a. liquidated amount of money, or-on statute where, the sum sought, to'.be recovered is a fixed sum of money, or in the nature of a debt, or on a guarantee, whether under seal or not, when the claim on the guarantee against the principal is, in respect of such debt, or liquidated demand, bill,, cheque,- or note. '.: ' ■ 'JLlie Court shall decide at the hearing of.-each action which'party, shall havo the right to begin or. to reply, .and as to the order and number of addresses by counsel; but unless the Court otherwisedirects at the hearing, and in default of any general rule for tho purpose being niado by tho magistrate, the fol-

lowing shall be tho order of proceeding when both parties appear: The defendant shall be, asked by the clerk if the case is defended. If undefended, judgment shallbo entered up by consent, subject to such', terms as may bo imposed by the Court under Section 92. If defended, the plaintiff (or his counsel) shall state his case,"and, adduce evidence, and also sum up the evidence; .after which the plaintiff may reply on the whole case. If the defendant does not at the close of tho plaintiff's case state his .intention to adduce evidence tho plaintiff shall sum up his evidence, and the defendant shall reply generally. Where a' case not morely answering tho case of the plaintiff is set up by tho defendant; and evidence is adduced in support thereof, tho, plaintiff • may' adduce, rebutting evidence, and shall '■postpon'o his general'reply untiKho.has called such : rebutting evidence and tho defendant has replied :on his .now evidence.' ' -'•"■'■' *■;.

Allowances .-to witnesses': shall be as under:—.. Gentlemen-, --merchants,? bankers, and professional men, per'diem, 15s. to 215.; auctioneers, • accountants, ' clerks, farmers, and tradesmen, per diem, 12s. to 155.; artisans and journeymen,; per diem, 10s. to'-125.; labourers, per diem, Bs. to 10s.; female witnesses, twothirds 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 ho such conveyance,-'' 9d. per mile, one way. Witnesses of tho artisan- and labourer classes to be allowed second-

class fare; tho' others firstclass. If the witnesses attend in more than one action they will bo entitled to a proportionate part in each action only. Allowances to scientific or expert witnesses shall be: For qualifying to give evidence, from 10s. to £5; attending Court on trial, per diem, 10s. to £2. In estimating tho amount to ho allowed, the character of" tho action, tho professional, standing of the witndss (if a professional man); and the propriety of retaining tho particular witness cro to : be considered, and in no caso is the maximum allowance to bo- exceeded. Travelling expenses to be allowed on the same- scale as to an ordinary witness. The abovb allowances shall not apply to persons who. prepare . plans, drawings, models, etc., for-the purposo'of illustration, and who, if called at the heading of tho action, prove tho correctness of such plans, drawings.' models, etc., only; but in lieu thereof these may bo allowed the sum reasonably paid for tho same if prepared for, the purposes of tho action. Any such person. shall' bo allowed expenses upon the scale for | ordinary witnesses. -Either party to an

action may be allowed tho sum reasonably expended in the conveyance of any chattel for production before tho Court, Solicitors' fees are- fixqd as under:— ■ Under £2: For entering'plaint, nil; appearance in Court to conduct action in defended cases, nil; appearance in undefended cases, nil; for appearance on examination of witnesses at Court of examination in undefended cases, : nil; ditto, in defended cases, nil. .-■' £2 and under £5: 55., 215., no fee, 10s. 6d., and 10s. 6d. respectively. £5 and under £20: 55., 215., 10s. 6d., 215., and 31s. 6d. - respectively. £20 and under £45: 10s., 425., 215., 21s. and 31s. 6d. respectively. £45 and over: 2U5.,. 505.,, 1\ per cent., 2i per cent., and. per cent, respectively. Appearance in Court or Chambers on. any interlocutory. proceeding or other matter within the Jurisdiction of tho Court under the Act: os. to 425..

Appearance in ■ tenement cases: 21s. to 425. . For appearance on application for attachment order (interlocutory) when amount exceeds £2, but does not exceed £100, 10s. 6d.; £100 end .over, 10s. 6d. do. (absolute), 10s. 6d., and 21s. respectively; for appearance on an examination of a debtor, 21s. and 425. respectively. In case of - payment into Court or confession, no solicitor's fee for appearance- will bo allowed if tho party paying into Court or confessing judgment files notice with ..tho Clerk of the Court and serves notice upon tho other party, or at the ofiico of,his solicitor, not later than noon of the day preceding tile day fixed for the hearing of tho case: Provided that, if tho day preceding the day of hearing is a Sunday, or Court holiday, the notice must bo filed and served not later than noon ofithe 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 bo made in cases of payment into Court or confession unless tho name and address of tho solicitor for plaintiff appears upon tho 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 ivho

successfully defends an action brought for any amount, however .small, provided that the magistrate certifies in writing in tho Civil Record-book that tho action involved sonic novel or difficult point of law, or that tho question

litigated was of importance to some class or body of persons, or of general or public interest. . l''cos for interpreting in Court in each, caso shall he as under:—

If. engaged less than ono hour, 10s. 6d.; if engaged over ono hour (but not to exceed i' 2 2s. a .'(lay), £1 Is. to £2 2s. Filling in Maori duplicate of summons and translating claim: It merely a tradesman's account, 2s. (3d. to 55.; if thero is a statement of claim other, than such account, if under fifty words, 55.; if over fifty,words, per folio of seventy-two words, after the first fifty, ss. ' Translating any documents required in proceedings, per folio of seventy-two words, as.

In no caso are numerals to count. The above fees are for tlw 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.- __r '■