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D.—No. 7a,

AYe suggest that Court Fees or other charges, paid by lawyers or experienced agents, or persons acquainted with business, may be levied in stamps, attached to the documents, as in some of the Courts in the United Kingdom. Fees for Births, Deaths and Marriages, and of a like kind, cannot be so levied, as the persons paying cannot be expected to have or to obtain stamps. AYe found that a custom of giving credit for Court Fees has obtained ; this should on no account be permitted to continue. There are many Acts of Assembly which provide for the charging of fees or fines, &c, and dispose of them for special purposes, in such a manner that neither the Colonial Treasurer nor the Auditor has any knowledge or control of the amount raised, or that the funds are applied to their legitimate use. AYe suggest that an application should be made to all officers of the Government or other persons authorized to receive fees, commissions or other allowances, to make a quarterly return to the Treasurer of all sums received, specifying clearly the services for which charged, the authority for charging, and the number of transactions, and that such regulations should be framed as occasion may from time to time suggest, to provide control over every description of charge of this nature upon the public. Many fees arc now set aside by law to officers specified. This, wo think, should be altered, by substituting such salary as may be just to each officer now entitled to such fees, and by the enactment of a law providing that all fees, except such as are appropriated to special funds, or to payment of persons, not civil servants, should be revenue, and all collectors of fees be required to pay them into the Public Account. Registrars of Births, Marriages and Deaths, and others who collect very small amounts, and reside in remote districts, exchange receipts with the Treasury, but the money itself is not transmitted. Payment should be required by every Registrar or other officer, either by Bank remittance, Post Office Order, Postage Stamps, or the Collector's cheque upon a bank. AYe do uot think any exception should be made. , Return of Officers entitled to Fees, specifying those entitled to keep all, and who do not account; those who keep all, and do account; those who keep a limited amount, and if so, the limit, whether they account for all, and how they deal with the money —any regulations touching Fees. Those entitled to keep all and who do not Account. 1. Registrars and Deputy-Registrars of Supreme Courts are by " The Conveyancing Ordinance Amendment Act, 1860," required to perform certain duties in the sale of Mortgaged Property, for which they receive and retain as remuneration a per eentage on the purchase money of 1 percent, on the first £200, and one-half per cent, on the remainder. These fees should be revenue ; the salary of the Registrars should entitle the Government to the whole of their official time. 2. Registrars and Deputy-Regist ran in some cases charge fee for " opening office," .-CI Is. This is charged when in case of emergency the Seal of the Supreme Court is required to any document out of office hours. These fees should be paid into tho Public Account, and be repaid to the officer whose services have been required out of office hours. I!. Hum lis or their men, when in " possession," are bylaw entitled to receive not more than Bs. per diem. These payment* do not appear in any way IB the Colonial Treasurer's Accounts. Bailiffs also receive mileage fees (or expenses of travelling beyond a certain distance.) These lees appear on the Schedule of Fees received in tho Resident Magistrates' Courts, but being allowed to be paid to the Bailiff by the Resident Magistrate, are deducted from the fees of the Court before they are carried into the Account. These charges should be paid into the Public Account, and the Bailiff, who is a paid servant, should lie repaid only the amount of his expenses, on tho certificate of tho proper officer of the Court. 4. Officers of Customs are allowed to work overtime for the convenience of ships, and are paid for the overtime by tho ship. There appears1 to have been no general regulation as to these payments, but the rates paid in somo places are, per hour —Landing Surveyor, 65.; Clearing Clerk, Long Room, 35.; Landing Waiter, 3s. ; Tide-waiter and Locker, 2s. Overtime can only be made when sanctioned by the Collector, and the payments are made through the Customs Office. "Upon Customs overtime allowances we have reported under the head of the Customs Department. 5. Officers ef Customs acting as Measuring Surveyors are entitled to charge fees. These fees should be revenue. G. Revising Officers under " Friendly Societies Act, 1856," are entitled to fees on revising Rules : —For revising Rule 3, £ 2 2s. ; for rovising Rules of a Branch, £1 Is.; for revising alterations, £1 Is. Officers at present are appointed for Auckland, Taranaki, Nelson, Marlborough, Wellington, Canterbury, Otago, and Southland. 7. Revising Officers under " The Building and Land Societies Ordinance," Sess. XL, No. 11, are entitled to a fee of £5 ss. for revising Rules. Officers at present are appointed for Auckland, Taranaki, Wellington, Nelson, Marlborough, Canterbury, Otago, and Southland. These fees are by way of remuneration for professional services by gentlemen not Civil servants. Wo think the present arrangement unobjectionable, if the Government is not involved in any responsibility consequent upon the acts of these officers, as we presume is the case. 8. Formerly administrators of intestate estates were allowed to retain certain fees as remuneration, but by " The Intestate Estates Act, 1865," Curators arc appointed to be paid by salary, and in addition a commission of such amount as shall be fixed by the Governor in Council, but all moneys received by them must be paid to the Treasury, (clause xvn.) For the management of real estates, the Judge, in passing the accounts, shafl allow to the Curator 5 per cent, on the gross receipts and expenditure, (clause xxxv.) It does not appear that any account of the fees so paid shall be rendered to the Colonial Treasurer or Auditor, but the Governor in Council has power to make rules and regulations j none yet promulgated. AYe recommend that the intended Rules and Regulations should be at once issued. The Regulations should provide for the supervision by a superior officer—say a Judge of the Supreme Court

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REPORT OE THE CIVIL

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