A.—6
8
After a bill of costs has been sent in, the person liable to pay ought to be at liberty to tender such sum as he may consider sufficient. If this sum be refused, and on taxation no more be allowed, the costs of taxation should fall on the person refusing the tendered sum. The party taxing and reviewing successfully should have the costs of review. There might be a division of actions, but only for the purpose of fixing costs into— (a.) Cases under £500, (b.) Cases over £500 that is, where the money demand was under or over £500, and where the value of the property in dispute did or did not exceed £500. In both cases the costs should, if possible, be fixed as in the District Court. That the greatest facility for the taxation of bills of costs of every kind be provided, and that taxation be allowed on request, subject only to a proper appointment for that purpose. That there should be a uniform scale of costs throughout the colony in each Court, and that a scale should be prepared for use in the various Courts, the costs necessarily incurred by suitors in District Courts being far in excess of the sums allowed under the various Acts. The fees for summonses in the Resident Magistrates' Courts are ridiculously high • indeed, all the fees require to be greatly reduced, and the practitioner's fees should be 5 per cent, on the claim, beginning with 10s. 6d., and no fee should be allowed in cases under £5 except by leave of the Court. That a Judge should have power to disallow costs, and review taxation by Registrar, including counsel's fees. When solicitors and counsel of same firm no costs of attendance on each other to be allowed. No counsel's fees to be allowed for settling simple statement of claim. That, as far as possible, the costs of all proceedings be fixed. The Judge to fix costs in all interlocutory proceedings. Costs of a trial to be borne as ordered by the Judge, Avhatever the event. A fixed scale of costs to be made on the plan of that in the District Court, with power to the Judge to increase. Registrars , Sheriffs. That poundage, mileage fees, and charges shall be abolished, and that there should be substituted actual disbursements, with allowance for bailiffs at Bs. per day That the offices of Registrar and Sheriff should not be held by the same person. That Registrars should be experienced professional men. Registrars should be solicitors of experience. Miscellaneous. There ought to be a Public Prosecutor That Crown Prosecutors be paid by salary instead of by fees as at present. That solicitors of the Supreme Court should be empowered to take declarations and affidavits for use and filing in all Courts and offices in the colony Papers from the Government, 1. As to the amendment of the Divorce and Matrimonial Causes Act, so as to confer on single Judges the powers of the full Court, 2. As to quarterly circuit sittings and more frequent Banco sittings of the Supreme Court at Invercargill— were laid on the table. An extract from the New York Code of Civil Procedure as to costs was also laid on the table by Mr. Justice Williams.
Mr. Ollivier.
Mr. Stout.
Canterbury District Law Society
Mr. Devore.
Mr. Forwood.
Mr. Brandon.
Otago District Law Society. The Hon. Mr Wilson.
Mr. Devore,
Mr. Forwood.
Mr. Ollivier.
Mr. Woodward. Mr. Devore.
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