Code of Organization and Civil Procedure (Schedule A)

L.N. 121 or 1996

CODE Of' ORGANIZATION AND C IVIL PROCEDURE

(CAI~. 12)

Code of Organization and Civil Procedure (Schedule A)

(Amendment) Rcgulations, l996

IN exercise uflne powers conferred by section 1004 of the Code

o f Organization and C ivil Procedure, the Minister o f Justice and the

Ans . with the concurrence of the Minister of Finance. has made the

following regu[ations:-

These regulations may be cited as the Code of Organization

and C ivil Procedure (Schedule A) (Amendment) Regulations, 1996

and shall be read and construed as one with Schedule A annexed to the

Code of Organization and Civil Procedure, hereinafter refe rred to as

"Schedule A".

(Reg ulation 3)

TARIFF E

"' ccs payable to Advocates, Legal Procurators and

Official Curaton

Lm

,

L (a) For each note of acceptance of banns and

for each protest against the sufficiency of a bail for

costs, eve n if s uc h protest is no t filed

separately.. ...... .. ... ........ ... ...... .. .. ...... ...... ..

1be fees fixed by vi rt ue o f these regulations shall , after their

coming into force, apply to any judicial or extra-judicial work carried

o ut and to any act filed in any Court , tribunal, board or any other

adjudicating authority in Malta, unless otherwise provided for by law.

The provisions of Tariffs E, F and J as in force prior to the enactment of

these regulations shal l continue to appl y in respect o f any judicial or

eXlTa -jud icial work. done befo re the coming into force of these

regulations. Judgements delivered after the coming into force of these

regulations in causes commenced before such coming inlO force shall,

in respect of the fee due to an Advocate or a LegaJ Procurator foreve ry

definiti ve judgement. be taxed in accordance with the fees hereby

established.

ForTarifTs E,F.J and L of Schedule A there shall be substituted

the tariffs appearing in the First Schedule to these regulations

00

(b) For each note req ui red to be filed under

the provisions of the Commercial Code Cap. 13 ...

(c) For every note of submissions filed in

any court ... . ........ . .. ... ... ...... ... ........... .from

to

2. (a) For each application for summoning of

witnesses ........ .. ........ ............................ ..

(b) For eac h a pplication fo r sale of

immovables (including research in the Public

Registry. the orderi ng of certificates of hypothec .

and perusaJ of relative deeds) ......... ......... from

to

(c)

For any other application .. .. ........ from

to

(d) For any application filed after of rice

houn or on a Sunday or public holiday. there shall

be taxed an additional fee of. ......................... .

3. For each application fi led in the Coun of

Voluntary Jurisdiction

(i) if it concerns the admission of minon 10

an industrial school or to an approved school......

( ii) if it concern s the candidature in a

marriage legacy or the renewal of an authorisation

previously given . or the taxing of fees ... . , ......... .

(iii) in all other cases (including notes of

acceptance or waiver of an inheritance)... .........

Provided that an additional fee sha11 be taxed when

the drawing up of the applicalion,and/orthe preparation

and/or the filing of the relative documents , e ntai ls more

work than is Ordinarily required.

4 . For each attendance during siltings before the

Court of Voluntary Jurisdiction ......... ... ... ... .. .... ..... ,

S. (a) For cach lodgement schedule,even if such

lodgement is made with or following a schedule of

redemption

when the val ue does no t exceed

(i)

Lm200 ......................... ......... ... ... .... .

(ii) when Ihe value exceeds Lm200 the

fee shall be increased by one percentum ( 1 %)

for every additionall.mlOO or part thereof;

For each schedule of set-o ff o r

( b)

redemption

(i)

whe n the val ue does nOI exceed

Lm200....... ......................................

(ii) when the value exceeds Lm200 the

fee shall be increased by o ne percentum (1 Ill)

for every additional Lm IOO or part thereof

These fees are inclusive of advice concerning the

right of claim, set-off, or Ihe exercise of redemption.

(a) Fo r the drafting of a judic ial letter,

whether filed or nOl .... .. .................. ........ ..........

(b) For the drafting of a judicial prOlest,

whether ftled or nOl.............................. ......

For the drafting of an affidavit.. ... . from

(c)

to

For the drafti ng of each hypolhecary protest...

Provided that a fee shall be assessed for the perusal

of e ntries of hypOlhec and of relative deeds, taking into

consideration the number of entries and deeds perused ,

their imponance andIor the amount involved ......... from

to

For every atte ndance, before a referee, before

a Supplementary Judge. or a Judicial Assistant and for

every attendance at an inspection infuciem loci, whether

ordered by the Court or required by the client

if the attendance does nO( last more than

(i)

onehourandahalf.......................................

if it lasts more than one hour and a half,

(ii)

and provided this circumstance is expressly noted

in a prods-verbal signed by the re feree, the

Suppleme ntary Judge or the Deputy Registrar, as

the case may be, the fee shall be increased by Lm 10

in respect of each additional hou r or pan thereof.

When the attendance referred to at paragraph

8 takes place outside Vallena the fee shall be ....... .. ...

If the allendance referred to in the last

preceding paragraph lasts more than one hour and a half,

and provided lhis circumstance is expressly noted in a

procis-verbal signed by the referee. the Supplementary

Judge or the Deputy Registrar, as the case may be, the

fee shall be increased by Lm 10 in respect of each

additional hour or part thereof.

( I) For drafting o r perusal of a deed for

publicatio n by a Notary Public , which includes fees due

for advice, research into liabilities and transfers, tracing

of root of immovables. and attendance at publication

if the value of the interest concerned -

0)

doesnotexceedLm200 ........ . from

to

(ii) exceeds Lm200 butdoes not exceed

Lm3.ooo . per LmIOO or pan thereof.. . .... ..

(ii i) exceeds Lm3.000 but does not

e xceed Lm25,OOO. pe r LmlOO or pa rt

the reof in respect of suc h excess.. ..... .. .. .

(2) When , in connection with the drafting

or perusal of a deed to be published by a Notary Public ,

an Advocate does not perfonn all the services referred

to in sub-paragraph ( I) of this paragraph, the fee therein

established shall be assessed in proponion to the services

performed unless the Advocate assumes the professional

responsi bility fo r the deed, in which case the fee

established in that sub-paragraph shall be due.

If the vaJue of the interest concerned

(3)

exceeds Lrn25,OOO or if the value of the interest

concerned is not expressed in money there shall be no

Tariff.

Tocurators appointed to attend at publication

of a deed on behalf of absentees or defaulters for

attendance and for perusal of the deed, and 10 any person

who in vinue of a right vesled in him by the Court in

terms of the Merchant Shipping Act , Cap. 234 , lraJ\sfers

any ship or share therein ................. ...... ....... from

For each definitive judgement

(i) in respect of the first Lm500 or pan

thereof. .. .. . . .. . . . . .. . . . . .. . . . .. . . . . .. . . . . . . . . .. .. . . .. . ..

minimum

«

whie~ver

(ii) in respect of any val ue in excess of the

firs t Lm500 up to LmlO.ooo per LmlOO ...

(iii) in respect of any value in excess of

Lm 10,000 per Lm 100 ............... .. .... ........... .

ProvK1ed that in respect of the claims referred to in

No. 7(b) of Tariff A, the fee shall be taxed on one-half

of Ihe maximum fixed by law fo r the penalty

contemplated therein.

When a declaration containing a decision of

any point oflaw orof fact concerns a value detenninate

ordetenninable according 10 law or from the records of

the proceedings. the fee in respect of that decision shall

be taxe<! in accordance with paragraph 13,on the value

so detemlined.

(a)

For any other necessary declaration

containing the decision of any point of law o r of

fact ................................................... from

to

(b) For each defini ti ve j udgement in a cause

for a remedy under Chapler IV of the ConstilUtion

or under Chapter 319 or where the annullme nl of

an administrati ve act is demanded in terms of

contestation of section 469A of Chapter 12, or for

the contestation of a claim in terms of section 466

of Chapte r 12, or for the contestation of a seizure

under Chapter 37 ,or for the payment or refund of a

tax, levy or dUlY ........... .... ........ ... ... .... from

<0

In causes fo r the part ition of properly ,

independently of the number of demands contained in

the writ of summons there shall be taxed only one fee ad

valorem as in paragraph 13 o n the greater sum between

Ihe asse ls and Ihe liabililies of Ihe property 10 be

divided - provided that in causes o f partilion of property

causa mortis s uch fee sha ll be taxed on the value

established as above of each particular eSlate to be

d ivided between the parties. saving that such fee shal l in

no case be less than ......................... . ....... .. ... ... .

In causes for the panilion o f property where

the partition o f all property involved cannQl be carried

out except by way of licilation. provided that such a

demand is made in the writ of summons and upheld in

the fin al judgement, the fees due to each Advocate in

the cause shall be taxed at the mte of onc per centum

( I %) on the value of the propert y in licilation provided

Ihat in no case sha ll such fee be more than that assessed

according to paragraph 13 or less than ... ..... .... ..... ....

In actions respect ing the payment of annuities ,

allowances and the like, if the amounts be indetermi nate

the fees shall be taxed as provided in paragraph 13 on

the amount awarded in the final j udgment, provided that

in no case shall suc h fee be less than ............... .. ... ....

In actions of maintenance the fee shall beone-

half per centum (1/2%) on the amount of maintenance

payable under the judgeme nt for a period of ten years,

provided that if the o rde r refe rs to provis ional

maintenance the fee shall be ............. ..... .. ... .... frorn

to

In actio ns of fil ia tion , in o the r ac tio ns

concerning the status of individuals and in actions

relating to the separation of married persons irrespective

of the number of declarations involved, but saving the

fee in respect of any decision on any point of law or of

fact which concerns a value detenninate ordetenninable.

there shall be allowed a fee ............... .......... .. from

to

2 1. In actions relating to the ranking of creditors

the minimum fee shall be ................. .......... .. ...... .

Provided that -

(i) when there is contestation of the claim

either as to the amount or as to ranking the fee shall

be as at paragraph 13;

(ii) where there is admission of the claim ,

but such claim does not result from a previous

executive title, the fee shall be as at paragraphs 28.

29,30 and 3 1, as the case may be.

22 . To the advocate of the party making the

lodgement there shall be allowed the fee of ...............

But jf there be contestation as to the amo unt

lodged, the provisions contained in paragraph 13 shall

apply.

In bankruptcy or insolvency proceedings.

where there is no contestation concerning the proof of a

claim, the fee in respect of tbal proof of a claim shall be

tbat established for a declaration.

In any other action of adjudicatio n upo n

competing claims, referred 10 in section 428 of the Code

of Organization and Civil Procedure. Cap. 12 , there shall

be taxed a fee as provided in paragraphs 13, 18 and 36.

25 . In causes concerning the validity of a

rede mption or the implementation of a promise of

conveyance, the value in the cause fo r purposes at

paragraph 13 shall be the value of the property redeemed

or of which the conveyance was promised.

For each decree in the cause ............... from

'0

In case of judgment of non-s uit. if the

judgment is given on pleas touching the principal merirs

of the cause, there shall be allowed to the Advocate the

fee established in paragraph 13; in any other case one-

half of the fee aforesaid shall be allowed.

Where a cause is discontinued in ftrst or in

second insumce

after the writ of summons o r the

(i )

application has been filed, there shall be allowed

to the Advocate of the plaintiff one-third of the fee

established in paragraph 13 when the cause is

taxable ad valorem;

(ii) after the statement of defence or the

answer has been drafted , there shall be allowed to

the Advocate of the defendant one·third of the fee

established at paragraph 13 when the cause is

taxable ad valorem.

29 . In case of compromise or discontin uance at

any other stage of the proceedings subsequent to

contestation but prior to the hearing of the cause, or in

case of admi ssion at any stage prior to the

commencement of the hearing, there shall be allowed

one-half of the fees established at paragraph 13 when

the cause is taxable ad valorem.

H the compromise or discontinuance or

admission takes place after commencement of the

hearing of the cause, two-thirds of tile fee established in

paragraph 13 shaH be aHowed when the cause is taxable

ad valorem.

If the compromise or discon tinuance o r

admission takes place after the cause has been adjourned

for judgment, the whole fee established in paragraph 13

shall be allowed, when the cause is raxable ad ..,aforem.

(a) Ifmorethan one Advocate is briefed by

the same party in the same action, each of the

Advocates shall be enlitled to the who le of the

established fee

Provided that the pany in whose favour the

head of costs is decided. although he may have

briefed more than o ne Advocate . shall not be

entitled to claim from the party cast more than one

whole fee.

(b) Where there are two or more plaintiffs

or two or more defendants to a suit, each of the

panies is entitled to have his own Advocate or

Advocates even if the merit is similar in respect of

all the plaintiffs or in respect of all the defendants;

and the party ordered to pay the costs shall be bound

to pay the proper fees of all the Advocates on the

prevailing side so long as no one pany claims costs

in respect of more than one Advocate.

Ifan Advocate abandons or is abandoned by

his client

(i) after th e application, t he writ of

summons, the statement of defence or the answer

has been filed, he shall be enlitled to one-third of

the normal fee;

(ii) after the above stages but before the

cause has been adjourned for judgement, he shall

be enlitled to two-thirds of the normal fee .

The fee due to an Advocate whose services

have been engaged after the fonner one has been

abandoned by or has abandoned his client before the

cause is concluded shall be equal to the difference

between the full fee and fee taxed to the former

Advocate, The fee due to a third and su bseq uent

Advocate shall always be one-third of the full fee.

In every case covered by paragraphs 33 and

34, me party engaging 100 services of more than one

Advocale, one after too other, who happens to be on the

prevailing side, cannot claim from the party casl more

than one whole fee .

The fees due to Advocates in connection wi m

professional services requiring written pleadings, otoor

than mose referred to in paragraph 6, if s uch pleadings

have been prepared but not filed shall be lhoseestablished

in paragraph IS.

In connection with professional services al

paragraphs 13, 14,27 to 31, 33 and 34 the minimum fee

shall be Lm20.

38 . On appeal the fees laid down in paragraphs

13 to 36 inclusive, shall be increased by one·third.

Fuq appell id-drittijict li hemm fil -paragrafi

13 sa 36 inkluii, ghandhom jiidiedu b' tcrz.

In regard 10 causes before the Court of

Magistrates (Gozo) in its superior jurisdiction, there shall

be taxed the same fees established in respect of causes

before the Superior Courts and the provisions contained

in paragraph 38 of this Tariff shall also apply.

Legal Pnxurators shall receive one·third of

Ihe fees established by this Tariff for Advocates as

regards those judicial acts which bear their signature

together with that of an Advocate, and as regards services

at paragraphs 7 and 8. No fees however are taxable to

them for any of the services mentioned under the proviso

10 paragraph 3. For mose judicial acts which do not

require also lhe signalure of an Advocate and which are

signed only by a Legal Procurator, the fee shall be as

that due 10 an Advocate.

(a) The fees of official c urators shal l be

those established in this Tariff.

(b) Official c urators when served with a

copy of a j udicial act , in connection with which

they are nOI expected 10 file any written pleading.

shall be entitled to the same fee due to an Advocate

and Legal Procurator for the same judicial act.

42 . An additional fee of Lm25 shall be taxed for

every attendance. when an Advocate is required to appear

before any Superior Court for any pleadings at an hour

when the Registry is ordinarily closed.

43 . Advocates and LegaJ Procurators, when

required to appear before the Coun of Magistrates

(Malta). or before the Coun of Magistrates (Gozo) in iu

inferior jurisdiction , shall be entitled to the following

fees

(a) For every decision of any point of law or

of fact comaincd in a judgement

where the amount in issue does not

exceed l...tn5OO ....................................

in respect of any value in exce's of

Lm500. per Lmloo ........ ...... ....... ... .. ....

(b) Where the cause is admitted.

compromised or discontinued at any stage of the

proceedings the provisions of paragraphs 28 to 3 1

shall apply .

(c) Forthe drawing up of a writ of summons

or notice. the filing of which has nOl taken place ...

(d) For each subpoena and relative

apphcabon .............................................

(e) For every warrant, counter· warrant.

application or nOle of consent ..... .. ..... . ...... .. .. .

For each lodgement schedule

(f)

where the value does not exceed Lm200

where the value exceeds Lm200 but not

Lm I/DJ an additional feeof 1111 of the excess

shall be paid.

For a note of registration of a judgment

(g)

or of any other executive title. ............ .. ...... .. .

(h) For each attendance before a referee, a

ludicial Ass istant or Supplementary Magistrate and

foreach attendanceinfaciem loci .....................

For eac h attendance before a Court

(i)

required for the hearing of a cause at an hour when

the Registry is ordinarily closed but not during an

ordinary sitting, or on a Sunday or public holiday.

in addition to the fees mentioned in this paragraph.

an additional fee ofLmlO shall be tued in respect

of each attendance .

44 . (a) Fees taxable to Advocates who are

appointed as Legal Referees for each opinion dealt

with in the report shall be up 10 a maximum ofLm50

for each legal point decided. Any calculation or

computation of an amount 10 be awarded as

damages or compensation by the CourU shall be

deemed to be an opinion. and the maximum fee

llUable for such an opinion shall be LmIOO. The

criterion shall be that of the work involved and

never the amount assessed by the Legal ReFeree.

(b) The above fee s shall also apply to

Advocates who are appointed to repon to the Coun

of Voluntary Jurisdiction and for the revision of

accounts rendered.

45 . For every copy required to be filed with the

original . for service as laid down in subsection (3) of

section 174 of the Code of Organization and Civil

Procedure ....... ... .. ................... .. . ..... .. . ............

46 . In every case where a nuctuating fee is

indicated in this Tariff by a minimum and a maximum ,

the fee payable in a particular instance shall be

established by the Registrar .according to the criteria set

out in the Code of Ethics and Conduct for Advocates

B 1I 96

Lm ,

Provided that in the laxation of fees due 10 any

lawyer who has rendered professional services 10 a

person admitled 10 lhe benefit of legal aid the fee

shall always be assessed at the minimum

Provided further that all such fees so assessed

shall be subject to revision by the competent Court

at the i ns tance of an y person interested in

accordance with the provisions of section 64 of the

Code of Organization and Civil Procedure.

li jidhru quddicm il.Qorti tal-Magistrnli (Malta), jew

qudd iem il-Qorli tal-Mag istrali (Ghawdex) fi1 -

gurisdizzjoni taghha inferj uri,j iehdu d-drittijiet li gc]in

(a) Ohal kull dec iijoni ta' kull punt ta' Iigi

jew ta' fatt Iijkun hemm fi s-sentenza

meta I-ammont invol ut ma jkunx izjed

minn Lm500 ........... .. ............. .... ..... .

,... 1()1Io.MIftd

_.ho I-os/IIo

dwar kull valurlijlrun iijed minn Lm5OO,

ghal kull LmlOO ............................. ... .

(b)

Fil-kaila' ammissjoni, transazzjonijew

Cessjoni tal-kawia null stadju taI-proeedimenti .

ghandhom ikunu japplik.aw id-dispoiiz:xjonijict tal-

paragrafi 28 sa 31 .

(c) Ghall-kitba ta' Citazzjoni jew ta' avviz.

Ii ma tkunx SaTe! i1-preientata taghhom ............

(d)

Oha! kull tahnka tax-xiehda u rikors

relattiv ..... ........ ..... ... .... ...... ....................

(e) GhaJ kull mandat,kontro-mandat, rikors

jew nota la' kunsens .............. ..... ................ .

Ghal kull eedola ta' depoiitu

(f)

meta I-valur majeCCedix Lm200 .... ... ..

meta I-valur jeecedi Lm200 iida mhux

iijed minn Lm 1 ,000 ghandu jithallas drill

addizzjonali ta' 1% fuq ii-:iejjed.

(s) G haJ nOla ta' insinwa ta' sentenza jew

ta' xi titolu iehoresekuttiv .. ................ ........ .

(h) Ghal kull alle nde nza quddie m perit,

Assiste nt Gudizzjarju Jew quddie m Magistrat

Supplent! u ghallcull attendenza infaciem loci...

(i) Ghal kull attende nza quddiem Qor!;

ghas-smigh ta' kawia rhin meta r-Registrujkun

ordinarjamenl maghl uq iida mhux waqt seduta

ordinarja,jew nharta' Haddjew vakanza pubblika,

b'iieda ghad-drittijiet imsemmija f'dan il-

paragrafu, ghand u jigi intaxxat dritt addizzjonali

ta' LmJO ghal Icull atlendenza,

44, (a) Id-d rittijiet taxxabbli lill-Avulcati Ii

jkunu nominali bhala Periti LegaJi ghal kull

opinjoni trattata fi r-rapport ghandhom ikunu sa

massimu ta' LmSO ghal kuH punt ta' dritt li N:;i

dedi, Kul1 kalkolujew komputazzjoni ta' ammont

biexjinghata bhala dann ijew kumpens mill-Qrati

g handu jilqies bhala opinjoni, u I-massimu

taxxabbli gha! dik l-opinjoni ghand u jkun Lm lOO,

11'kr,ilelju ghandu jkun ix-xoghol involut u qat! 1-

ammon t Slmat mill·Perit Legali,

(b) Id-d ritt ijiet ta' hawn fuq ghandhom

japplikaw ukoll ghall.Avukali 1i jk.unu nominati

biex jaghmlu rapport lill-Qorti ta' Gurisdizzjoni

Volontarja, kif uko ll ghar· reviijoni la' kontijiet.

Ghal kull kopja 1i ghandha tigi preuntata

ma' l-original, ghan. notifika kif preskrill fis-subartikolu

(3) ta' I-artikolu 174 tal-Kodici ta' Organizzazzjoni u

Proecdura Civili """"" ",. ', . .. . ...... ..... , .. ,.,."."..

F'kuIl kai meta drin varjabbli huwa muri

f' din it·Tariffa b'min imu u b'massimu , id-drill li

ghandu jilhallas fkai panikolari ghandu jkun stabbilit

mir-Registratur, skond il.kriterji stabbiliti fiI -Kodici la'

Etika u Mgieba ghal1-Avukati

l ida tl- intaxxar tad.drillijiet dovuti lil xi

avukat li jkun ta servizz professjonali lil xi persuna li

tkun giet ammessa ghall-beneficcju ta' l-ghajnuna

legali, id-dritt ghandu dejjem jigi intaxxat fiI-minimu

lieghu

lida wkoll id-drittijiet kollha bhal dawk hekk

intaxxati jkunu suggetti g har·reviijoni rnil1-Qorti

kompetenti fuq lalba ta' kull persuna inleressata skond

id-dispozizzjon ijiet tll' l-artikolu 64 tal- Kodici ta'

Organinazzjoni u ProCedura Civili.

(a) The forego ing prov isions of this Tari ff

shall not apply , as between an Advocale or a Legal

Procurator and his client, where a fee, or the basis

on which the fee is to be determined is agreed

between t hem which is diffe re nt from tha t

established by this Tariff, and in any such case the

agreed fee or basis for determining il, nOt being a

basis prohibited by law, shall apply, subject to the

provisions of the following sub-paragraphs.

Nothing contained in sub-paragraph (a)

(b)

of this paragraph shall affect the taxing of fees as

between the parties to judicial acts or proceedings

o r in respect of any extra-judicial work by

Ad vocates or Legal Procurators 10 be paid by the

other party, which shall be regulated exclusively in

accordance with the foregoing paragraphs of this

Tariff.

(c) Notwithstanding sub-paragra ph (a) of

this parag rap h il s hall not be la wful for any

Advocate to fix by agreement his fees in an amount

higher or lower than those fixed in this Tariff in

respect of any matters arising unde r Chapter IV of

theConstitution. Book First of Cap. 16, Cap. 5. Cap.

255 and Cap. 319 of the Laws of Malta; and in

respect of deeds fo r the transfer of immovable

property where the value d oes no t exceed

Lm25.ooo.

(d ) A fee charged by an advocate under an

agreement as is men tioned in sub-paragraph (a) of

this paragraph shall be Subject to review by the

Committee for Advocates and Legal Procurators

B 11 97

Lmc

established by the Commission for the

Administration of Justice Act, 1994 on the request

of the clien t fi led wi thin one month from the date

of the agreemenr.

The said Commiltee may reduce the fee

(e)

charged as aforesaid if. in the light or the relati ve

criteria stipulated in the respective Codes of Ethics

and Conduct for Advocates and fo r Lega l

Procurators . the Committee considers the fee 10 be

unreasonable.

(I) For the purposes of this paragraph. an

agreement concerning fees shaJl be in writing.

<a) AfeechargodbyanAdvocateoral...egal

Procurator in respect of an y matter not covered by

this tariff shall be subjec t to review by the

Committee for Advocates and Legal Procurators

on the request of the c lie nt filed within one month

from the date of the agreement or. if there is no

agreement, from the dale orthe Advocate's or Legal

Procurator's note of fees .

(b) The said Committee may reduce the fee

charged as aforesaid if, in the light ofthc relative

criteria stipulated in the respective Codes of Ethic$

and Conduct for Advocates and fo r Legal

Procuraton: , the Committee considen the fee to be

unreasonable.

TARIFF •

Fees allowed to Supplementary Judges and

Supplementary Magistrates

Lm

c

I. (a) Forexamining witnesses, taking answen

on a reference to oath , for each sitting.... ...........

10.00

(b) For attendance at the publ ication of a

deed ....... .. .............................................

10.00

(c) If, for any reason whatsoever, the sitting

does nOt take place or the deed is not published, a

fee is due for tbe simple attendance on the Spot, of

(d) If the sitting lasts more than two hours

and provided that the circumstance is expressly

noted in the proces-verbal s igned by the

Supplementary Judgeor Supplementary Magistrate,

the fee shall be increased by Lm5 forevery hour or

part thereof.

(e) If a Supplementary J udge or a

Supplementary Magistrate besides attending at the

publication o f a notarial deed has to peruse the said

deed upon an order of the Coun , he shall have the

right to an additional fee of ..... .......... . .... . from

to

Supplementary Jud ges and Supplementary

Magistrates are nOl: bound to make known the result

of thei r work until the amount of their taxed fees

has been paid or deposited.

TARIFF J

Fees payable in connection with sea-protests

or proceedings concerning average

I . For the filing of any application regarding sea-

protests or proceedings touching average ..................

To the Advocate for any such application

2.

3. Fees payable to the J udge Delegate

(i) if the sea-prolest takes place between

9.00a.m.and4.00p.m... .......... ....... . .. .. ... .... .

i f it takes place outs ide tho se

(j i)

hours.... ..... .. .. ... ...... .... ...... ... ............ .. .... .

Each of the said fees shall be increased by Lm5 for

every ha] f hour or fraction theroof if the sitting lasts more

than two hours .

4 . (a) To the Deputy Registrar when the sea-

proIest takes place in whole or in pan out of offICe

hours ........ . ..... . ....... .. .. ...... . ... ... .... .. .. .. ..

If the sitting lasts more than two hours the said

fee shall be increased by Lm2 for every half hour

or part thereof.

(b) To the C1ert or other person SO acting

for transcribing the sea-protest and depositions. for

every page or part thereof.. ..........................

(c) To the Messenger when the sea-proIest

takes place in whole or in part out of office hours

if the sitting contin ues after 4.00 pm. the fee

due to Messengers shall be increased by Lm2 for

every half hour or pan thereof.

5. To the Advocate for ex.amining any repon

touching average or for assisting in the drawing up of a

sea-prolest ......... ............. .. ............. .. ............

6. Registry fees for the fil ing of any repon

touching average . ............................. ... .. .......

7. To the Interpreter there shall be paid a fee

of ................................................ .. .... from

to

8. When the sea-protest is drawn up on board a

ship or at the Quarantine Office or on a public holiday.

to the above foes shall be added

TotheJudgeDelegate ...........................

To the Deputy Registrar ........................

TotheClerk ... · .. ·· · .. · ·· .. ·· ···· ·· ·· .. ··· .. ·· ····

To the Messenger ..............................

To the Advocate .... . ............... ....... ... ...

To the Interpreter ..............................

N()(es

(a)

The sea-protest shall be drawn up in

English;

An Interpreter shall be employed when the

(b)

declaration is made or the evidence given in a language

with which the Judge Delegale is nOI conversant.

TARIFFL

Fees payable in respect of proceeding<; under

section 257 of the Civil Code, Cap. 16

Registry fee forthe filing of any application or note

For sub-poena of witness - for each witness ... .. .

For every copy of any application or note - for every

page ........................................ ... .. .............. .

To the Advocate or legal Procurator - for any

application or note ........................ ...... ........... .

For other services in connection with these

proceedings ............................ , ............. from

to

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