Courts of Law Fees (Scotland) Act 1895

1895 CHAPTER 14

An Act to provide for the Regulation of Pees payable in the Courts of Law in Scotland.

[30th May 1895]

Be it enacted by the Queen's most Excellent Majesty, by and with the advice and consent of the Lords Spiritual and Temporal, and Commons, in this present Parliament assembled, and by the authority of the same, as follows:

1 Short title and extent.

This Act may be cited as the Courts of Law Fees (Scotland) Act, 1895, and shall apply to Scotland only.

2 Power of Court of Justiciary and Court of Session to regulate fees.

From avid after the passing of this Act, it shall be lawful for the Lords Commissioners of the High Court of Justiciary as to that Court, and for the Lords of Council and Session as to the Court of Session and Sheriff Courts, with the approval, in each case, of the Commissioners of Her Majesty's Treasury, to make by Act of Adjournal, or Act of Sederunt, respectively, such rules and regulations as may, in their judgment, from time to time be necessary for carrying out the following purposes, viz.:—

(a) To alter or otherwise regulate the amount of any fees for the time being payable in any of the above-named Courts of Law, or in any office connected therewith, or to the officers thereof, and to prepare or approve of amended tables of fees in place of the fees now payable :

(b) To frame regulations as to the time and place of payment of the said fees, and to prescribe forms of books to be kept in any office in which such fees are payable.

Provided always, that when, under any Act of Parliament, it is enacted that the fees to be drawn from any office or department shall not be greater than may be reasonably sufficient for defraying the expenses of such office or department, such provision shall receive effect in any regulation of fees under this Act.

3 Taxation of accounts in Court of Justiciary.

All accounts of expenses found due in the High Court of Justiciary, or in any inferior Court whose judgment has been brought under the review of the High Court of Justiciary, by suspension or appeal, or otherwise, unless the amount of the expenses found due shall have been determined or modified by the said High Court, shall be remitted to the auditor of the Court of Session to be examined and taxed in like manner, and subject to the same regulations, as accounts of expenses in actions in the Court of Session.

4 Power to regulate fees to keepers of London and Edinburgh Gazettes for certain notices.

It shall be lawful for the Commissioners of Her Majesty's Treasury, by warrant under their hands, to regulate, alter, and amend the table of fees payable to the keepers of the London Gazette, and of the Edinburgh Gazette, for notices under the [19 & 20 Vict. c. 79.] Bankruptcy (Scotland) Act, 1856 ; and section one hundred and eighty-three of the said Act is hereby repealed.

5 Repeal.

All Acts of Parliament or Acts of Sederunt, in so far as inconsistent with the provisions of this Act, are hereby repealed.