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v;. 


UNIVERSITY 

OF  CALIFORNIA 

LOS  ANGELES 


SCHOOL  OF  LAW 
LIBRARY 


THE    LAW    OF    COSTS. 


A    TKEATISE 


U^■    THE 


LAAV    OF    COSTS 

IN    JUL 

Cljanccrri   Dibisiou   of  tijc  lt)jg!)  Court 
of  iiusticc. 

HKING 

niA'    ^^LCUSD    EDITION 

OF 

MORGAN  AM)  DAVEY'i^  COSTS  IN  CHANCERY. 
WITH    AN    APPENDIX 

FORMS    AND    PRECEDENTS    OF    BILLS    OF    GCSTS. 

IIV 

THE    KH;iIT    HONOURAIJLK 

GEOKC:]:    OSBORNE    MORGAN,   Q.C.,   M.P, 

nut   MAJI>TV  8   JCDr.r-ADXOCATE-OENERAL. 

EDWARD    ALBERT    WUR.TZBURG, 

.>f    \  w  i'\  •:'-    IS-;.    I  VMM    [  ri.    \i.t  kw 


I.O.NDON: 

STKVKNS    AA'D    S0^\^,    \\\^,    ClIANuERY    LANE, 

,Viib  ^lublishcrs  uiib  ^oohscllcrs. 


T 


umvtm : 


l! 


ruKFACK  TO  Tin:  srrovii  i:hiiiii\ 


The  inttTval  of  wvoiitoon  yi*an»,  which  hai»  c  lap«<Hl 
since  tho  first  nmM'amnoo  of  this  work,  hiw  witiiwwtsl 
Bonicthin^  liko  a  revolution  in  th«'  PpMiMlurt^  of  what 
wa«  once  tht'  High  Court  of  Chancrry.  An<l  in  no 
branch  (»f  the  practice  have  the  chanp\s  intrmhiced 
by  the  Judicature  Acts,  ami  The  l{uh»H  of  Court, 
been  more  niarkc«l  than  in  that  wliirli  fomis  the 
subject  of  the  pres^'ut  Trcjitis*'. 

Under  »uch  circumstances  a  New  I/lition  of  a  work 
on  the  Ijiw  of  Costs  must,  of  necensity,  jKirtake,  to  a 
great  extent,  of  the  character  of  a  new  lM»ok.  Kvery 
Kule  of  Cotirt,  and  ever}*  decision  of  the  High  Court 
of  Justice  relating  to  Costs  in  the  Chancer)*  Division, 
will,  it  is  Inlicveil,  Iw  found  in  this  Volume.  Hut, 
while  n  very  largi*  amount  of  entirely  new  matt«r  has 
thus  btMii  adde<l  to  the  present  Ivlition,  no  effort  has 
been  spare*!  to  rentier  it  mon»  complete  luid  useful  by 
emlKHlying  in  it  every  n»porte<l  case  iK'nnng  upon 
thos«'  (Mtrtions  of  the  original  work  which  have  be*Mi 
retainecl.      The     Pnve<lents    of     Hills    of    Co^tn    in 

783331 


VI  PREFACE. 

Appendix  III.  have  been  prepared  by  a  gentleman  of 
much  experience  in  this  branch  of  practice,  to  whom 
the  Editors  desire  to  express  their  thanks  for  his 
assistance. 

The  whole  Yolnme  is  offered  to  the  Profession  in 
the  hope  that  it  may  be  received  with  the  same 
generous  indulgence  wliicli  was  so  freely  accorded  to 

its  predecessor. 

G.  0.  M. 
E.  A.  W. 

Juhj,  1S82. 


TABLE    OF    CONTENTS. 


CHAPTER  I. 


Costs  Generally 


PAGE 
1 


CHAPTEPw  11. 


Secueity  for  Costs 


CHAPTER  III. 

Costs  op  an  Action  Generally. 


SECT. 

I. 

II. 

III. 

IV. 
V. 

VI. 

VII. 

VIII. 

IX. 

X. 

XI. 


XII. 


Costs  of  Demurrers 

Costs  of  Amendments 

Costs  occasioned  by  Scandalous  and  Embarrassii 

Costs  and  Expenses  of  Witnesses 

Costs  of  Motions  and  Petitions  generally 


Where  the  Costs  of  the  Action  ai 

Application 
Costs  of  the  Day  . 
Costs  of  Special  Cases  . 
Costs  of  the  Action 
Costs  of  Proccedincrs  in  Chambers 
Costs  of  Appeals  . 

1.  In  the  Court  of  Appeal 

2.  In  the  House  of  Lords  . 
Appeals  for  Costs . 


e  disposed  of  on  In 


•tier 


erlocutory 


2G 
32 
3G 
41 
4G 

73 

89 

91 

93 

137 

141 

Id. 

149 

157 


CHAPTER  IV. 

Costs  in  Particular  Actions. 

I.  Actions  for  an  Account 

II.  Actions  for  Administration  of  Assets  . 
III.  Actions  relating  to  Charities        .        .        ,        . 


1C2 
165 

204 


vm 


tablp:  of  contents. 


BECT. 

IV.  Actions  for  Discovery  or  Perpetuation  of  Testimony 

V.  Actions  for  Dower 

VI.  Interpleader  Actions     ..... 
VII.  Actions  relating  to  Mortgages 
VIII.  Actions  for  Partition  and  to  Settle  Boundaries 
IX.  Actions  for  Dissolution  of  Partnership 
X.  Actions  relating  to  Patents  .... 
XI.  Actions  to  set  aside  Sales,  ikc,  of  Reversions 
XII.  Actions  for  Specific  Performance 


PAGE 
214 

217 
218 
221 
240 
244 
245 
248 
250 


CHAPTER  V. 

Costs  under  Particular  Acts  of  Parliamext. 

I.  Costs  under  the  Companies  Acts 264 

II.  Costs  under  Lands  Clauses  Consolidation  Act      .         .        .         .281 

III.  Costs  under  Trustee  Relief  Act 311 

IV.  Costs  under  Trustee  Acts,  1850-2 324 

V.  Costs  under  other  Acts 328 


CHAPTER  YI. 

Costs  affecting  Particular  Persons. 

I.  Costs  of  Assignees,  Incumbrancers,  &c 333 

II.  Costs  of  Attorney-General,  Crown,  ikc.         .        .         .        .        .  336 

III.  Costs  of  the  Bank  of  England 339 

IV.  Costs  of  Bankrupts .         .         .341 

V.  Costs  of  Guardian  ad  litem   . 343 

VI.  Costs  of  Ileir-at-Law  and  Next-of-Kin 344 

VII.  Costs  of  Infants  and  their  next  Friends 351 

VIII.  Costs  of  Married  "Woman  and  lier  next  Friend  and  as  between 

Husband  and  Wife 3G1 

IX.  Costs  of  Paupers 371 

X.  Costs  of  Purchasers  under  Decree 377 

XI.  Costs  of  Receivers 382 

XII.  Costs  of  and  relating  to  Solicitors 385 

XIIL  Costs  of  Trustees,  Executors  and  Administrators         .        .        .  396 


CHAPTER  VII 

Agreements  between  Solicitor  and  Client  as  to  Cost? 


417 


TABLE  OF  CONTENTS. 


CHAPTER  VIII. 

On  the  Delivery  and  Taxation  of  Bills  of  Costs. 

SECT.  PACK 

I.  Delivery  of  Bills  of  Costs 426 

II.  Form  of  Bills  of  Costs .432 

III.  Taxation  under  Orders  of  Course 435 

IV.  Taxation  on  Special  Applications 443 

(«)  Before  Payment Id. 

(h)  After  Payment 447 

V.  Taxation  by  Third  Party 458 

VI.  Proceedings  on  Taxation  generally 467 

VII.  Proceedings  on  Taxation  with  reference  to  Particular  ^Matters    ,  482 

VIII.  Costs  of  Taxation 504 


CHAPTER  IX. 


Modes  of  Enforcing  the  Payment  of  Costs. 

I.  Where  Costs  are  ordered  to  be  paid  by  one   Party  to  another 

personally 508 

1  and  2.  Fieri  Facias,  Elrgit  and  Proceedings  under  Judgment 

Law  Acts 514 

3.  Sequestration 519 

4.  Attachment  of  Debts 520 

5.  Charging  Order  on  Stocks  and  Shares  ....  522 

6.  Arrest  and  Imprisonment 523 

7.  Staying  a  second  Action  by  Persons  in  default  for  non- 

payment of  Costs 536 

8.  Interest  on  Costs 538 

9.  Revivor  for  Costs 540 

II,  Where  Costs  are  payable  out  of  a  Fund  or  Estate        .        .        .  541 

III.  Recovery  of  Costs  in  the  House  of  Lords 543 

IV.  Recovery  of  Costs  by  Solicitor  from  his  Client     ....  547 

1.  By  Action Id, 

2.  By  Process  of  the  Court        .         .         .         .         .         .        .548 

3.  Solicitor's  Lien  and  Charge 551 

(a)  Lien  on  his  Client's  papers Id. 

(Jj)  Lien  on  Funds  recovered  in  the  Action       .         ,        .  561 
(c)  Charge  under  23  &  24  Vict.  c.  127.  s.  28      .         .        ,567 


TABLE    OF   CONTENTS. 


APPENDICES. 


APPENDIX   I. 

ADDITIONAL    EULES    OF    COURT    TJXDEP.    THE    SUPREME    COURT    OF 

JrDiCATURK  Act.  187/). 

PAGE 

Order  VI.  Scales  of  Costs '"^"^ 

Sclieduh:  of  Fi^es.  to  Solicitors  referred  to  in  tlic.  Additional  liiile.i  of  Court 
under  the  Supreme  Court  of  Judicature  Act,  187."). 

■\Vrits,  Summonses,  and  "Warrants 579 

Services,  Notices,  and  Demands 580 

Appearances    . 581 

Instructions ^^• 

Drawing  Pleadings  and  other  Docuiucuts 582 

Copies 583 

Perusals 584 

Attendances 585 

Oaths  and  Exhibits 587 

Term  Fees .Id. 

Paymaster-General Id. 

Costs  of  Proceedings  in  the  Paymaster-General's  office  .         .         .         .Id. 

Allowances  to  Witnesses 588 

Special  Examiners' Fees  and  Charges. Id, 

Schedule  referred   to   in   the    13th   Piulc   of    the    Gener.al    Order  of 

February  5,  18G1 589 

Order  as  to  Court  Fees  under  the  Supreme  Court  of  Judicature' Act, 

1875 Id. 

Schedule  as  to  Court  Fees  referred  to  in  the  Order  of2Sth  October.  1875. 

Summonses,  Writs,  Commissions,  and  Warrants     .....  5it2 

Appearances , Id. 

Copies Id. 

Attendances Id, 

Oaths.  &:c 593 

Filing Id. 

Certificates Id. 

Searches  and  Inspections        .        .        .         , Id. 

Examination  of  Witnesse'i       , Id. 

Hearing 594 

Judgments,  Decrees,  and  Orders Id. 

Taking  Accounts Id. 

Taxation  of  Costs 595 

Petitions 59G 

Register  of  Judgment^  and  Z/.v7;r?;^7f«« Id. 

Miscellaneous Id. 


TABLE   OF   CONTENTS.  XL 

APPENDIX   IT. 

PAOE 

Foniis  of  Vrrits  of  Execution  .>....  .        .     598 


APPENDIX  III. 

Table  of  Precedexts  of  Costs. 


Plaintiff's  Costs  of  Action  in  which  Issue  is  joined,  including  charges 
for  examination  and  cross-examination  of  Witnesses  on  hearing 

of  Action  and  Notices  to  Admit  and  Produce C,02 

The  like  Defendant's  Costs Oil 

Plaintiff's  Costs  after  Decree,  Preliminarj^  Enquiries  as  to  Next  of  Kin, 
Advertisements  for  Creditors,  &c..  Certificate,  and  furtlier  con- 
sideration   617 

The  like  Defendant's  Costs 623 

Costs  of  Parties  served  with  Notice  of  Decree 625 

Plaintiff's  Costs  of  Sale  under  the  Direction  of  the  Judge     .         .         .     626 

General  Costs  of  Suit  after  Sales  are  completed 633 

Paymaster-General's  Charges  for  Powers  of  Attorney  ....  6.S7 
Defendant's  Costs  of  Sale  under  Direction  of  Judge      ....     Id. 

Plaintiff's  Costs  of  Motion  for  an  Injunction 640 

Defendant's  Costs  of  opposing  Motion  for  Injunction  ....  642 
Plaintiff's  Costs  of  Motion  for  Appointment  of  Picceivcr  .  .  .  644 
Defendant's    Costs    on    Plaintiff's    Motion    for    Appointment    of    a 

Receiver 647 

Receiver's  Costs  of  Appointment  and  Passing  his  Accounts  .  .  .  648 
Plaintiff's  or  Defendant's  Costs  of  Passing  Receiver's  Accounts      .         .     650 

Receiver's  Costs  on  Passing  his  final  Account 651 

Receiver's  Costs  of  Passing  their  first  Account  who  were  ap]). anted  at 
the  Hearing  of  the  Action  and  who  had  not  to  give  Security  or 

receive  any  Commission '  653 

Plaintiff's  Costs  of  Summons  for  Discovery  and  his  Costs  of  Defendant's 

Summons  for  Discovery 654 

Plaintiff's  Costs  of  Interrogatories  and  Iiis  costs  of  answering  De- 
fendant's Interrogatories _        _     655 

Plaintiff's  Costs  of  Administration  Order  commenced   hy   ()iiginal 

Summons 

Defendant's  Costs  of  Administration  Order,  commenced  In-  Original 
Summons  ...... 


657 


•        • 661 

Plaintiffs  Costs  of  Action  for  appointment  of  Receiver  and  for  an 
Injunction  in  which  Statement  of  Claim  and  Demurrer  to  same  were 
filed,  and  on  the  latter  lieing  disallowed  the  Court  directed  the 
Action  to  be  heard  as  a  short  Action        .        ,        .        .        ^  6r.^ 

Defendant's  Costs  of  Demurrer (j- , 


Xll  TABLE   OF   CONTENTS. 

PAOS 

Costs  of  Plaintiff's  Creditors  where  no  pleadings  but  the  Writ  of 
Summons,  and  ujwn  Motion  made  for  an  appointment  of  a 
Eeceiver  when  order  was  made  and  also  order  for  Administration 

of  the  Estate 672 

Costs,  Charges  and  Expenses  of  the  Defendant  in  an  Action  in  which 
no  Statement  of  Claim   was   delivered   or  any  other   pleadings 
bej'ond  the  Writ  of  Summons  ........     683 

Costs  of  Plaintiffs  in  an  Action  brought  for  the  purpose  of  obtaining 
an  order  to  authorise  the  Trustees  of  a  Marriage  Settlement  to 
advance  a  part  of  the  presumptive  share  to  one  of  the  Settlor's 
children  in  consequence  of  the  Deed  of  Settlement  not  giving  the 

Trustees  the  power  to  do  so 722 

Costs,  Charges  and  Expenses  of  the  Defendants  to  invest  £  .         .     725 

Costs  of  Application  to  restrain  Transfer,  kc,  of  Stock  or  Payment  of 

Dividends 728 

Plaintiff's  Costs  of  Special  Case 729 

Defendant's  Costs  of  Special  Case 732 

Costs  of  Infant  Plaintiff  on  his  coming  of  Age  for  Payment  of  his 
Share  of  the  Funds  in  Court  which  had  not  been  carried  over  to  a 

separate  Account 735 

Costs  of  the  Defendants  the  Trustees 736 

Costs  of  a  Mortgagee  on  his  application  that  one-seventh  share  of 
Plaintiff  in  the  sum  of  £  Stock  might  be  sold  to  raise  sufficient 
for  payment  of  £  and  Interest,  and  his  Costs  of  the  Applica- 

tion, and  also  his  Costs  of  obtaining  a  Stop  Order  ....  739 
Costs  of  an  Infant  Plaintiff  and  his  Guardian  on  an  Application  by  the 

Infant  to  be  articled  to  a  Solicitor 740 

Costs  of  Plaintiff  on  the  Defendants  giving  Notice  to  withdraw  their 

disclaimer  as  to  Materials  and  for  leave  to  use  Plant  .  .  .  742 
Costs  of  appearing  on  application  in  Chambers  for  Stop  Order  .  .  745 
Costs  of  an  Infant  on  his  coming  of  Age,  for  p.ayment  of  his  Share  out 

of  Court  which  had  been  carried  over  to  his  separate  Account  .  Id. 
Costs  of  Plaintiff  on  disallowing  Defendant's  Counterclaim  .  .  .  747 
Costs  of  Plaintiff  on  Defendant's  Application  for  the  Taxing  Master 

to  review  the  Taxation  of  Defendant's  Costs 74S 

Costs  of  a  Defendant  in  an  Action  of  and  incidental  to  his  obtaining 
an  order  for  taking  off  of  the  file  of  the  Court  Affidavits  filed  on 
behalf  of  the  Plaintiff  in  consequence  of  same  being  scandalous 

and  impertinent 750 

Costs   of   Petitioner  for  Payment  out  of  his  Share   of   the   fund   in 

Court  after  the  death  of  the  Tenant  for  life 753 

Bill  of  Costs  of  Surviving  Trustee 760 

Bill  of  Costs  of  the  Trustees  of  Mr.  and  Mrs. "s  Settlement,  and 

of and  his  Wife 761 

Costs  of  Plaintiff  of  appeal  to  the  Court  of  Appeal        ....     762 
Costs  of  Eespondents  on  Appeal  from  order  of  the  Judge  on  adjourned 

Summons 764 

Costs  of  Appellant  on  Appeal  to  the  House  of  Lords,  taxed  previous  to 

Appellate  Jurisdiction  Act.  1876 765 


TABLE   OF   CONTENTS.  Xlll 

TAr.T. 
Costs  of  Respondents  on  Appeal  to  the  House  of  Lords,  taxed  previous 

to  Appellate  Jurisdiction  Act,  1870 770 

Appellnnfs  Bill  of  Costs  revised  in  conformity  witli  the  Appellate 

Jurisdirtion  Act,  187(i,  and  which  is  ai)plicable  to  all  Apiicals. 

kc,  presented  to  the  House  of  Lords  on  and  after  the  7th  day  of 

August,  1877 '      .     778 

Kcspondenl's  Bill  of  Costs  revised  in  conformity  with  the  Appellate 

Jurisdiction  Act,  187tj 781 

Plaintiff's  Costs  of  hearing  of  Motion  for  Judgment  in  consc(iuence  of 

no  defence  being  delivered 783 

Defendant's  Costs  of  hearing  of  Motion  for  Judgment  ....  784 
Plaintiff's  Costs  on  Trial  before  an  OfHcial  Pieferee  ....  785 
Defendant's  Costs  on  Trial  before  an  Official  Referee  ....  789 
Costs  of  obtaining  Order  of  Course  at  the  Piolls      .        .        ,         ;        .     793 

Costs  of  Amending  Writ /</. 

Costs  of  Amendment  of  Statement  of  Claim 7;t4 

Costs  of  Application  for  Names  of  Partners 795 

Costs  of  proving  a  Claim  of  a  Creditor  when  his  Claim  is  opposed  ,  Id. 
Costs  of  proving  a  Claim  in  an  Action  where  time  expired  .  .  .  796 
Costs  of  Proceedings  to  dismiss  Action  for  Want  of  Prosecution  .  .  797 
Costs  of  obtaining  Order  to  tax  Solicitor's  Bill  of  Costs  and  Applicant's 

Costs  of  the  Reference 798 

Costs  of  obtaining  an  Order  for  taxation  of  Solicitor's  Bill  of  Costs 

which  has  been  delivered  twelve  months  or  which  has  been  j)aid  .     799 
Solicitor's  Bill  for  ajtpearing  on  an  Original  Summons  to  tax  his  Bill 

of  Costs  and  the  Costs  of  the  Reference  when  a  sixth  has  not  been 

taxed  off 800 

Costs  of  Motion  to  Commit  for  Non-delivery  of  Costs  and  Account  in 

pursuance  of  Order 801 

Petitioner's  Costs  of  Appointment  of  New  Trustees  ....  803 
Respondent's  Costs  of  appearing  on  Petition  for  Appointment  of  New 

Trustees §08 

Costs  of  Payment  in  of  Cash  and  Transfer  of  Stock  into  Court  under 

the  Trustee  Relief  Act 810 

Costs  of  Vendors  under  the  Lands  Clauses  Act,  1.S45,  for  Payment  out 

of  part  of  the  Cash  and  for  Investment  of  the  Balance  .        .        .811 
Costs  of  obtaining  Charging  Orders  Nisi  and  Absolute  on  Stock  in  a 

Company 81^ 

Costs  of  Petition  of  Trustees  under  V\'\l\  being  Vendors  upon  a  purchase 

made  under  Lands  Clauses  Consolidation  Act,  where  money  paid 

into  Court  thereunder  and  on  Petition  to  get  same  out  .         .        .817 
Applicant's  Costs  for  Payment  of  Money  out  of  Court  paid  in  under 

the  Trustee  Relief  Act 821 

Respondent's  Costs  for  Payment  of  Money  out  of  Court  paid  in  under 

the  Trustee  Relief  Act 826 

Costs  of  Notice  to  restrain    Transfer    of    Stock    and    Payment    of 

Dividends .        .     gos 

Petitioner's  Costs  of  Winding-up  a  Company 829 

Respondent's  Costs  of  Winding-up  a  Company       .        .        ,        ,        .     S8,^ 


XIV  TABLE   OF   CONTEKTS. 

PAGE 

Costs  of  Official  Liquidator  ou  liis  ajjplicatiuu  tuv  liberty  tu  pay  iu 

Unclaimed  Dividends 833 

Costs  of  Executrix  of  a  Shareholder  ou  her  Apjilication  to  vary  the 

Chief  Clerk's  Certificate ,        .         ,836 

Costs  of  Liquidator  ou  the  Applicaliuu  of  a  Creditor  of  the  Company 
for  leave  to  prove  his  Claim  notwithstanding  the  time  had  expired 

for  Adjudication  ou  Claims 838 

Official  Liquidator's  Costs  to  be  taxed  as  between  Solicitor  aud  Client 
from  the  date  of  his  Apiiointment  as  such  Official  Liquidator  to 
the  day  of  ,  187  ,  in  pursuance  of  the  Order  made  on  the 

day  of  ,187 843 

Official  Liquidator's  Costs  to  be  taxed  as  between  Solicitor  and  Client 
from  the  foot  of  the  last  Taxation  to  the  complete  Winding-up  of 

the  Company UI3 

Official  Liquidator's  Costs  for  Transfer  uf  Fund  iu  Court  tu  the  credit 

of  his  Account  at  the  Bauk  of  England i»19 

Ordinary  Vendor's  Solicitor's  Charges  on  Agreement  and  Cunvej-ance  .     921 
Ordinary  Vendor's  Solicitor's  Charges  on  Sale  l)y  Auction     .         .        .     922 
Ordinary  Purchaser's  Costs  ou  Agreement  tu  Purchase  aud  Convey- 
ance   923 

Ordinary  Mortgagor's  Solicitor's  Charges 924 

Ordinary  Mortgagee's  Solicitor's  Charges 925 

Charges  for  Lease  and  Counterpart 926 

Costs  of  Memorial  of  Deed  registered Jd. 


INDEX  OF  MATTER 927 

INDEX    OF    APPENDICES        ....  .        .     989 


TABLE   OF   CASES. 


A. 


' —  V.  Andrews,  216 

—  V.  Collinf,'e,  254 

—  V.  Trecothick,  2-30 
Abbot,  lie,  42U,  452,  461 

—  V.  Sworder,  255,  257,  258 
Abbot's  Trusts,  Ik,  315 
Abbotson  V.  Gregg,  83,  341 
A'Beckett,  Ex  park,  274 
Abel,  lie,  429 

Aberdeen  v.  Chitty,  222 

Abergavenny  (Lord)  r.  Powell,  215 

Ablett  r.  Edwards,  115 

Abram  v.  AVard,  35,  120 

Abud  V.  Riches,  533 

Accidental  Co.  Be,  E.e'partc  Eascli,  269 

—  V.  Mercati,  16,  19 

Accidental  Death  Lisiirauce  Co.,  He,  276 

Acker,  Re,  303 

Ackerley  v.  Frodsham,  54 

Af.kland's  Trusts,  Be,  329 

Ackroyd  v.  Smithsou,  166 

Acres  v.  Little,  358 

Adair's  Settled  Estates,  Be,  331 

—  V.  Shaw,  200 

—  V.  Young,  52,  54 
Adames  v.  Hallett,  397 

Adams,  In  re,  Ex  parte  Griffin,  134 
Adams  v.  Adams,  177 

—  V.  Clifton,  406 
Adams'  Estate,  Ec,  292 
Adam's  Trust,  Be,  325 
Adamson,  Be,  438 

—  V.  Hill,  83 
Addcrley  v.  Smith,  10 

Addie's  Charity,  Ex  parte  Feoffees  of, 

309,  310 
Addison  v.  Cox,  236 
Adolph  V.  Dolman,  167 
Advocate  (Lord)  v.  Lord  Uunglas,  150, 

160 


African   Steam   Shiji   Co.    v.    Swanzy, 

110 
Agabeg  v,  llartwell,  404 
Agar  V.   Fairfax,  240 
Agriculturist  Cattle  Insurance  Co.  Re, 

276 
Ainslie  v.  Sims,  9,  23 
Aislabie  v.  Rice,  251 
Aitchison  v.  Lohre,  157 
Aitken  v.  Dunbar,  67 
Albazette,  Be,  Ex  parte  Sndth,  499 
Albert  Arbitration,  276 
Albert  (Prince)  v.  Strange,  376 

—  Life  Assurance  Co.,  Re,  268 
Albion  Bank,  7?c,  266 
Alcock,  Ex  parte,  431 

—  Be,  Ex  parte  AVilkinson,  450,  454 

—  V.  Alcock,  13 

—  V.  Gill,  139 

Aldborough  (Lord)  v.  Burton,  9 
Aldridge  v.  Westhrook,  125,  197 
Ali  V.  Forrester,  578 
Allan  V.  Houlden,  30 
Allen,  Be,  72,  303 

—  's  Trusts,  Be,  319 

—  V.  Aldridge,  427 

—  V.  Bone,  87,  89 

—  V.  Currie,  263 

—  V.  Greenslade,  96 

—  V.  Jarvis,  389,  449,  404 

—  V.  Lloyd,  62 

—  r.  McPherson,  371 

—  V.  Spring,  36 

Alliance  Contract  Co.,  Be,  267 
Allison  V.  Herring,  548 
Alsager,  ^r  ^nr^t' Incumbent  of,  310 
Alsop  V.  Lord  Oxford,  480,  502 
Alston  r.  Parker,  226 
Altree  v.  Hordern,  537 
Amard  r.  Broadbourne,  5 
Ambroise  v.  Evelyn,  55.  56 
Amos  i\  Cliudwick,  136 


XVI 


TABLE   OF   CASES. 


Anderson,  Ex  parte,  222 

—  ?'.  Anderson,  165 

—  r.  Boynton,  431 
—-  's  Case,  279 

—  V.  Guichard,  79 

—  V.  INforice,  152 

—  v.  Welsby,   111 
Anderton  r.  Yates,  351,  355 
Andrew's  Case,  278 
Andrewes  v.  Nelson,  17 

—  V.  "Walton,  535 

Andrews,  Ex  jmrk,  lit  re  Fells,  57 

—  —      455 

—  AV,  432,  473 

—  c.  Cradock,  363 

—  r.  ^lorgan,  79 
Angell  V.  Baddele}',  517 

—  I'.  Brown,  345 

—  V.  Davis,  160 

—  V.  Haddon,  192 

Augerstein,  Ex partp,  Irl,  334,  396 
Angier  ?'.  Stannard,  412,  413,  414 
Anglo-Danubiau  Steam  Co.  v.  Eogerson, 
17 

—  Egyptian    Navigation  Co.,  Ee,  266 

—  Greek  Steam  Co. ,  AV,  266 

—  Italian  Bank  r.  Davics,  518 

—  Jloravian  Railway  Co.,  Re,  270 

—  Virginian  Land  Co.,  268 
Annesley  ;-.  Mnggridge,  221,  263 

—  r.  Simeon,  18 
Anonymous  (5  L.  J.  Cli.  71),  9 
~  (Mos.  175),  10 

—  (12  Sim.  262),  18 

—  (15  Ves.  174),  58 

—  (4  Mad.  461),  80,  357 

—  (4  Mad.  273),  94,  163 

—  (2  Atk.  14),  99,  108 

—  (2  S.  &  S.  424),  194 

—  (3  L.  J.  Ch.  227),  194 

—  (8  Ves.  69),  215 

—  (Amb.  236,  2  Ves.  497),  218 

—  (2  Mad.  281),  222 

—  (Mos.  45),  237 

—  (8  W.  R.  333),  328 

—  (3  Atk.  726),  369 

—  (Mos.  66),  369,  376 

—  (6  Ves.  287),  383 

—  (6  Mad.  68,  note),  537 

—  (2  Dick.  802),  560 

—  (12  Ve.s,  25),  561 

—  (2  Ves.  25),  563 
Apperley's  Estate,  Re,  307 
Applin  V.  Cate.s,  221 
Apthorpe,  Ac,  323 
Archbold  v.  Scully,  108 
Archdeacon  v.  Bowes,  229 
Archer  v.  Gardner,  370 
Archer  v.  Roleston,  120 


Aria  v.  Emanuel,  206 
Arkwright  v.  Newbold,  20 
Armitage  v.  Askham,  261,  263,  285 

—  V.  Coates,  92 
Armston's  Trusts,  AV,  313,  323 
Armstrong    r.    Armstrong,    189,  240, 

400 
--  V.  Blake,  lu7 

—  r.  Storer,  134,  196,  565 
Arrowsmith,  Ex  jmrtc,  426 
Arthur  Average  Association,  Re,  274 
Ashburnham  v.  Thompson,  179,  181 
Ashby  «.  Sedgwick,  144 

Ashe  V.  Berrj',  97 
Ashley  v.  Taylor,  62 

—  r.  Waugh,  253 

Ashworth  v.  Outram,  58,  158,  497 

Askew  V.  Woodhead,  284 

Askham     and    Uppingham    Grammar 

Schools  (Governors  of),  Ex  parte,  306 
Aspden  r.  Seddon,  121,  122,  476,  541 
AthenaMim  Insurance  Co.  v.  Bartlett, 

56 
Atherton  v.  British  Nation  Assurance 

Co.,  53,  509 
Atkins  V.  Cook  or  Cooke,  18,  21 
Atkinson,  AV,  438,  442 

—  V.  Abbott,  89 
Attwood  V.  Small,  217,  386 
Attorneys'  Act,  AV,  395,  419,  422 
Attornev-General  v.  Ashburnham,  204, 

337 

—  ('.  Atherstone  School,  212 

—  r.  Berry,  111,  205 

—  V.  Bolton,  205 

—  I'.  Brewers'  Co.,  409 

—  V.  Brown,  26 

—  V.  Burch,  217 

—  V.  Cains  College,  210,  211 

—  r.  Carrington,  Lord,  58,   129,   4S0, 
4S3,  489 

—  r.  Carte,  206 

—  V.  Cashel,  Corporation  of,  208 

—  r.     Chester,    Corporation    of,    123, 
204 

—  r.  Chesterfield,  Lord,  204,  337 

—  V.  Christ's  Hospital,  407 

—  r.  Clack,  410 

—  r.  Cooper,  17 

—  r.  Cox,  154 

—  V.  Craven,  Earl,  212 

—  V.  CuUum,  205 

—  V.  Cuming,  401,  402 

—  V.  Daugars,  209,  416 

—  v.  David's,  St.,  Bishop  of,  212 

—  r.  Dove,  205 

—  V.  Drapers'  Co.  205,  407,  480,  493, 
499 

--  i:  Drummond,  207,  209 


TA15LE    OF    CAISKS. 


XVll 


Atton)e3'-Geiu'nil  r.  Eastlake,  108 

—  V.  East  Ketfonl,  210 

—  V.  Eilmuiids,  1(J4,  545 

—  I'.  Etheiid^m',  110 

—  v.  Fishiiiongei's'  Co.,  207 

—  V.  Fo.stur,  IS,') 

—  u.  Gibbs,  li;;5 

—  V.  Gleg,  205 

—  V.  Graiiigur,  211,  401 

—  i:  Greeiiliill,  213 

—  r.  Habeidashers' Co. ,  186,  350,  351 

—  V.  Halifax,  Corporation  of,  52,   71, 
149,  208 

—  V.  Hanmer,  337 

—  r.  Harper,  213 

—  /•.  Harth'V,  205 

—  V.  Hollaiul,  111,  205 

—  V.  Hothaiii,  Lord,  213 

—  V.  Hurst,  167 

—  «'.  Ironmongers'  Co.,  207 

—  V.  Kerr,  207,  210,  212,  350 

—  V.  Knight,  15 

—  V.  Lawes,  168,  169,  170 

—  V.  Leicester,  Corporation  of,  210 

—  V.  Lewis,  206 

—  V.  London,  City  of,  366 

—  i\  Lonsdale,  Earl  of,  48 

—  v.  Jlausfield,  Earl  of,  208 

—  V.  Mercers'  Co.,  204,  209,  211 

—  V.  Middleton,  206 

—  V.  Munro,  491 

—  V.  Murdoch,  410 

—  V.  Nethercote,  538 

■ —  V.  Xewark,  Corporation  of,  330 

—  V.  Nevvark-upon-Trent,    Mayor   of, 
212 

—  1'.  Newbury,  Corporation  of,  210 

—  V.  Norwich,  Mayor  of,  65,  399 

—  V.  Oglender,  206 

—  r.  Owen,  213 

—  V.  Rochester,  Mayor  of,  15,  304 

—  V.  Sittingbourne  Ry.  Co.,  337 

—  r.  Skinners'  Co.,   1.5,  88,  207,  208, 
212, 395 

—  V.  Smart,  205 

—  V.  Stewart,  206,  333 

—  V.  Stroud,  209 

■ —  I'.  Swansea,  &c.  Co.,  53 

—  V.  Thetford,  Corporation  of,  523 

—  V.  Tomline,  36 

—  V.  Tyler,  2o7,  208 

—  V.  Vigor,  208 

—  r.  Vivian,  2o6 

—  r.  Waril,  211 

—  r.  Webster,  209,  407 

—  r.  AVinchelsea,  Lord,  lo7 

—  V.  Winchester,  Corporation  of,  207 

—  i:  Windsor,  Dean  and  Canona  of, 
114,  152,  204,  337 


Attorney-General  v.  Wyville,  125 
Atwool  r.  Ferrier,  37 
Aubrey,  /i'-',  296 

—  /•.  Aspinall,  392 

—  V.  Hoper,  470 
Audcnsliaw  School,  7.V,  298 
Audley  Hall  Cotton  Co.,  i.V,  267,  271 
Audsley  r.  Horn,  112 

Austin,  Jir,  El' jjarle  Yaldcn,  556 
Au.stin  V.  Hank  of  England,  339 

—  V.  Jack.son,  93,  245 
Ayles  r.  Cox,  327 

Aylesford,  Earl  of,  v.  Morris,  249 
Avlct  r.  Dodd,  213 
Aylnier  l\  Winterbothaui,  109,  183 
Aynsworth  r.  Bank  of  England,  339 


B. 


Backhouse  o.  Charlton,  198 

—  r.  Jliddleton,  369 
Laddeley  v.  Harding,  9 
Bagiiall  r.  Carlton,  3S5 
liagot,  Jle,  285 

—  r.  Bagot, 

—  V.  Legge,  176 
Bagshawe,  Jle,  444 

—  V.  Newton,  168 
Bahia,  The,  44 

Baile  v.  Baile,  354,  568,  571,  573 
Bailey,  Ej:  parte,  438 

—  lie,  430,  457 

—  r.  Birchall,  570 

—  r.  Gouhl,  ISO 

—  r.  Gundry,  10,  20 

—  and  Leetham's  case,  27 
Baily  v.  Lambert,  76 
Bainbrigge  v.  Blair,  388,  390 
Baines  r.  Bromley,  131 

—  V.  Wormsley,  He  Wormslev,  39,  484 
Baker,  Re,  46 1" 

—  V.  Baker,  57,  533 

—  V.  Carter,  408 

—  V.  Henderson,  553 

—  i:  Lee,  152 

—  V.  Loader,  385 

—  r.  Oakes,  101 

—  V.  Wind,  227 

—  v.  AVood,  111 

Bake  well  v.  Tagart,  186 
Balch  V.  Symes,  552,  560 
Baldwyu  v.  Johnson,  114 

—  V.  Malo,  536 

Balguy  r.  Broadhurst,  13,  365 
Ball,  ke,  548 

—  V.  Etches,  534 

—  V.  Harris,  223 


XYIU 


TABLE   OF   CASES. 


Ball  v.  Kemp-Welch,  241,  244 

—  r.  Moiitf;oineiy,  371,  411 
Ballard  r.  Catling,  375 

Ballinvove  Workhouse,  lie,  303  , 

l^jalme  v.  Paver,  459  ' 

Bamlora  r.  Banifonl,  217  \ 

—  V.  Watts,  til)  I 
Banbury  r.  ■ — ,  215  I 
Bank   of    Hindustan,     FiC,    Ex    2>arte    i 

Smith,  503  j 

Baukart  v.  Tennant,  129 
Banks  v.  Goodi'elluw,  349 
_  V.  Whittall,  228,  235 
Bannerman  r.  Clarke,  262 
Banque   Franco-Egyptienne   r.   tirant, 

157 
Barber,  Re,  459 

—  's  Trusts,  Ee,  313 
_  V.  Barber,  30,  171 

—  V.  Kavanagh,  56 
Barclav,  Ex  imrtc,  222 
Barehara,  In  re,  284 
Barfield  &  Bush,  Re,   530 
Barham  v.  Longman,  216 
Baring  v.  Nash,  240 
Barke'r  v.  Cox,  31 

—  V.  Hemming,  134 

—  r.  I'eile,  56,  320 

—  v.  Yenables,  261 

—  V.  Wardle,  203 
Barlee  v.  Barlee,  364,  366 
Barlow  r.  Gains,  229 
Barnaby  i:  Tassell,  92 
Barnard,  Re,  127,  445,  446,  565 
Barnardiston  r.  Linwood,  248 
Barned's  Banking  Co.,  AV,  149 
Barnes,  In  re,  365 

—  V.  Addy,  386 

_  V.  Eaester,  224,  225 
r>arnsley  v.  Powell,  561 
P>arnewell  i'.  Iremonger,  175,  177 
Barrett,  Ex  parte,  505 

—  V.  Hammond,  526 
_  V.  Pearson,  259,  263 
Barron  v.  Lancetield,  238 
Barrow,  Re,  454,  455,  461 
Barrs  v.  Fewkes,  53 

•      Barry  r.  Cane,  370 

—  V.  Croskey,  30 

—  r.  Jenkins,  20 

—  V.  AVoodhain,  370 
_  V.  Wrev,  235 

Barry's  Representatives'  Case,  277 
Barter  r.  Dubenx,  84,  342 
P)arlholomew,  Re,  321 
Bartholomew's  Hospital  (Governors  of) 

Ex  jmrte,  301 
Bartle  v.  Wilkiu,  233,  234 
Bartlett  v.  Harton,  52 


Bartlett  ;-.  Snuth,  373 

—  V.  Wood,  95,  171,352 

Barton,  Ex  iiarte.  Re  Finch,  452,  454, 
455 

—  V.  Cooke,  16S 

—  r.  Downes,  380 

—  r.  Lautour,  66,  379 

—  V.  Bock,  79,  216 
Bartrum,  Re,  441 
Barwell  r.  Barwell,  61 

—  r.   Brooks,    Re    Cattlin,    438,   439, 
456 

Basevi  v.  Serra,  187 

Basingstoke  (Mayor  of),  v.  Lord  Bolton, 

28 
Batchelor  i:  Middleton,  223 
Bate  V.  Hooi)er,  408 
Bateman  r.  Margerison,  121 
Bath  (iNLirquis  of).  Ex  imrte,  309 

—  V.  Bell,  184  ^ 

—  r.  Conl}',  545 

Bathe  c.  Bank  of  England,  340 

Bathew  v.  Needham,  75 

Batley  v.  Kvuock,  42,  246,  488,  496 

Battell,  Ry,  322 

Bauer  v.  Witford,  53,  510 

Baugh  v.  Price,  248 

Baum,  1)1  re.  Ex  parte  Isaacs,  143 

—  Ill  re.  Ex  iMirtc  Cooper,  144 
Bawtrej    r.    Watson,    248,    509,    563, 

564 
Bay  ley.  Re,  449 

—  c.  Bayly,  372 
Bazett,  he,  306 

Beach  r.  Sleddon,  12,   139 

Beadles  c.  Burch,  385 

Beall  1-.  Smith,  64 

Beamish's  Trusts,  Re,  500 

Beaney  v.  Elliott,  93 

Bear  v.  Smith,  195 

Bearblock  v.  Tyler,  100 

Beardsall  v.  Cheetham,  506 

Beariz  Tin  Co.,  In  re,  280 

Beattie  v.  Lord  Ebury,  53,  127,  509 

Beaty  v.  Curson,  314 

Beauchamp  v.  Marquis  of  Huntley,  194, 

195 
Beaufort   (Duke    of)   r.     AshbumLam 

(Lord),  486,  487 
Beaumont  v.  Oliveira,  167 
Beavan  v.  Carpenter,  79,  81,  216 
Becke,  Re,  438,   459,  460 
Bective  (Earl  of)  v.  Hodgson,  153 
Beddoes,  Ex  -parte,  287 

—  r.  Pa<?h,  115 
Bedford  Charity,  Re,  208,  213 

—  r.  Kirkpatriek,  155 
Bedminster  Charities,  Re,  485 
Bedson,  Re,  427,  505 


TABLE   OF   CASP:S. 


XIX 


Beer  r.  Tapp,  182 

Bcetlestone,  Me,  499 

hegbie  r.  Fenwick  ;  Feuwick  r.  Begbie, 

130 
Behrens,  Fu;  322 
Belaney  v.  Freiuh,  537 
Bell,  Jie,  435 

—  V.  Aitkin,  502 

—  V.  Ik'll,  82 

—  r.  Taylor,  5/>3 

—  V.  Turner,  4<)8 

Bellamy  v.  BrickeniUui,  8n,  115 
BellclianiLtT  v.  Ciiaiii,  (J7,  537 
Bellew  V.  Bellew,  189 
Bellot,  Exj)arfr,  61 
Belinonte  v.  Aynanl,  19 

—  V.  Giitscliow,  19 
]5elton,  Ex  paric,  431 
Benbow  /'.  Davies,  402 
Bendyshe,  Re,  316,  414 
Bennet  v.  Going,  181,  409 

—  V.  Vade,  385 
Bennett,  Ik;  437,  450 

—  V.  Atkins,  179,  180 

—  V.  liaxter,  553 

—  V.  Biddies,  70 

—  V.  Fowlor,  253,  258 

—  V.  Harfoot,  360 

—  V.  Harrap,  56 

—  V.  Hill,  445 

—  V.  Partridge,  234 

—  V.  Wood,  186 
Benson  v.  Hadfield,  30 
Bensusan  r.  Neliemias,  111 
Beiitley,  E.c  parte,  271 

—  V.  Bentley,  192 
Beiiyon  i\  Fiteh,  249 
Berndston  v.  Churchill,  76 
Bernev  v.  Eyre,  215,  344,  346,  348 
Berkeley's  Will  (Earl  of),  lie,  296 
Berrie  v.  Howitt,  568,  570 

Berry  r.  Exchange  TiadingCo.,  65 

—  V.  Hebblethwaite,  199,  227 

—  V.  Johnson,  380 
■ —  V.  Morse,  97 

Bertie  v.  Lord  Abingdon,  383 
Besant  i'.  Wood,  111,  362 
Bethlem  Hosjiital,  In  re,  287 
Belts  V.  Barton,  63,  75 

—  V.  Cleaver,  487,  492 

—  v.  Clilibrd,  48,  493 

—  V.  De  Vitre,  247 
Bevan,  He,  502 

Bevan  &  Giiling,  Ee,  441 

—  &  Whitting,  AV,  443,  557 
Bewley  v.  Sevmour,  89 
Bexley  (Lord*^),  Ee,  297 
Beynon  r.  Cook,  249 

—  V.  Goddeu,  145 


Hibliy  r.  Tiioniit.yoii,  562 

Bicknell  r.  l^iidviicil,  358 

Pdddlc,  Re,  239,  326 

Bidulph  V.  i'.idulph,  215 

Bierderniann  r.  Seymour,  90 

iiiul's  Estate,   ///  re,   Gray  v.   Warnei', 

172 
Bignold,  Ee,  438,  448,  460 
Bigsby  r.  Dickinson,  147,  493 
Bil'liiig  e.  Coppock,  427,  428 

—  r.  Webb,  37!t,  380 
iUnghani,  Ee,  297 
jiinningtou  v.  Harwood,  229 
liiuns  ('.  Hay,  444 

Birch  V.  AVillianrs,  90,  393 
— 's  Legacy,  Ee,  320 

—  Will,  Ee,  69 

Birchall  r.  rugin,  569,  571 
Bird  r.  15ird,  372 

—  V.  Heath,  557 

Birkett,  Li  re,  169,  317,  321 
r.irks  V.  Micklethwait,  181,  399 
Uirmiiighani,  &e.   Ky.    Co.,   Ex   I'.artc, 

311 
lUseoe  V.  Wilks,  110,  251 
Bishop,  Ex  parte,  121 
— ,    In    re,    Ex   parte    Langley,     Ex 

parte  Smith,  57 

—  r.  Bishop,  329 

—  V.  Willis,  38 
Bissett  ('.  Burgess,  202 
Bissicksr.  Bath  Colliery  Co.,  516 
lilackburu  v.  Jepson,  121 
Blackford  v.  Davis,  237 
Blackman  i\  Cornish,  52 
Blackmore,  Ee,  448,  4C3,  465 

—  r.  Ed\\ards,  34,  35 

—  r.  Smith,  81 
r.lagrave  v.  liouth,  457 
ISlaiklock  r.  Grindle,  174 
IJlain,  Ex  parte,  Ee  K^awers,  514 
Blair,  Ex  parte,  447 

Blake  r.  Albion  Assurance  Co.,  37 

—  V.  Appleyard,  131 

—  r.  lilake,  64 

—  r.  Smith,  88 

—  V.  White,  522 
Blakeley,  Re,  506 
Blakeney  v.  Dufaur,  8,  61) 
Blakesley,  Re,  473 
Blanchet  v.  Foster,  371 
Bland  v.  Daniell,  189,  351 

—  V.  Lamb,  373 
Blann  v.  Bell,  166 
Blaushard  r.  Drew,  77 
Blayney's  Trust,  Ee,  319 
Blenkinsop  r.  Foster,  190,  201 
Blenkinsopp  v.  Bleidvinsopp,  123 
Blest  c.  Brown,  106 

h  2 


XK 


TABLE    OF   CASP]S. 


Blight,  Pu;  404 
Bliukeliovn  v.  Feast,  349 
Blinkhorue  v.  Feast,  215,  345,  348 
Blinston  v.  Wavbuitoii,  91 
Bloomer  v.  Spittle,  109 
Blosse  r.  Loul  Claiimonis,  380 
Blount  V.  Barrow,  403 
Bloves'  Trusts,  lie,  313 
Bluett  V.  Jessop,  203 
Blunden  f .  Desart,  551,  554 
Blunt's  Trusts,  Re,  319 

—  V.  Heslop,  428 
Blyth  V.  Green,  344 

—  and  Young,  In  re,  145 
Blyth's  Trusfs,  Re,  305 
Blytlie  r.  Granville,  335 
Boddington  v.  Woodley,  372 

Bolivia  (Republic  of)  v.  Bolivian  Navi- 
gation Co.,  62 
Bolton  V.  Bolton,  74 
Bonelli's  Telegragh  Co.,  In  re,  274 
Bonser  v.  Bradshaw,  353,  568 
lionville  v.  Bonville,  245 
Bookless  V.  Cnuuniack,  193 
Booth  V.  Booth,  486 

—  V.  Creswicke,  235 
Boothby  r.  Boothby,  248 
Borehain  v.  Bignall,  97 
Boson  V.  Boson,  345 
Boston  V.  Fiichardson,  195 
Boswell  r.  Tucker,  36 
Bosworthon  Mining  Co.,  Re,  266 
Bothomley  v.  Squires,  28 
Boucicault  v.  Delafield,  98,  342 
Boultou  V.  Beard,  114,  183,  186,  415 
Bourke  v.  Alexandra  Hotel  Co.,  131 
Bourne  v.  Buckton,  71 

Bouverie,  Exyarte,  307 

Bovill  r.  Iladley,  247 

Bowden,  In  re,  Ex  jKific  Sawyer,  147, 

499 
Bowen,  Re,  427,  431 
Bower  i\  Cooper,  114,  129 
Bowes'  Estate,  Re,  295 

—  V.  Bute,  ]\Iarquis  of,  241 

—  V.  Heaps,  248 

Bowey  v.  Bell,  Brooks  v.  Israel,  101 
Bowles  V.  Stewart,  385 
Bowyer  v.  Griffin,  342,  399 

—  V.  Marshall,  Re  Marshall,  137 
Boxmoor,  Ex  parte  Trustees  of,  307 
Boycott  V.  Newman,  128,  186 
Boyd,  Re,  319 

Boyle,  Re,  Ex.  parte  Turner,  448,  454, 

455,  456 
Boynton  v.  Boynton,  396 

—  V.  Richardson,  163 
Boys  V.  Bradly,  149,  152 
Bozon  V.  Bolland,  551,  55o,  561 


Brace  v.  Duchess  of  Marlborough,  199, 
224 

—  V.  Ormond,  187 
Bracey,  Re,  460 
Brackenbury's  Trust,  Re,  324 
Bradbury  c  Sliawe,  368,  532 
Bradley  V.  Borlase,  117 
Bradlv  v.  Heath,  118 

—  r.  Munton,  327,  379 
--  V.  Whitchurch,  411 
Bradshaw,  Ex  parte,  282 

—  r.  Bradshaw,  44,  398 

—  r.  Fane,  295 
Brady,  Re,  448 
Brailey,  Re,  294 
Braithwaite,  Ex  'parte,  287 
Bramble,  Ex  imrte.  In  re  Toleman  and 

England,  558 
Brandon  v.  Brandon,  293 
— 's  Estate,  Re,  295,  307 
Brandreth's  Trade  Mark,  In  re,  94 
Branmer's  Estate,  Re,  304 
Brassington  v.  Brassington,  45,  551 
Braund^  Re,  495 
Bray  v.  Hine,  560 
—  V.  West,  402 
Braye,  Re,  300 
Braye  (Baroness  of).    Ex  2>arte,    291, 

294,  299 
Bremner  v.  Bremner,  565 
Brett's  Case,  275 
Briant  v.  Lightfoot,  35 
Bridges  v.  Longman,  255 
Bright's  Trusts,  Re,  IS7 
Brightens,  Ex  parte,  222 
Briscoe,  Re,  293 
Bristed  v.  Wilkins,  339 
Bristol  Free  Grammar  School,  Re,  303 
Bristow  r.  Bristow,  200 
P)ristowe  v.  Needham,  383 
Briti-sh  Alliance  Assurance  Corporation, 

In  re,  17 
British   Dynamite   Co.   v.    Krebs,    70, 

135,  545 
British   Mutual    Society  v.    Cobbold, 

394 
British  Nation  Indemnity  Claims,  In 

re,  276 
Broadhurst  v.  Willey,  104 
Broadwood's  Settled  Estates,  Re,  290 
Brocas  i'.  Lloyd,  42,  43 
Brocklebank  r.  King's  Lvnn  Steamshii) 

Co.,  15,  21 
Brockles'oy,  Re,  316 
Broder  v.  Saillard,  34,  109 
Brodie  v.  Bolton,  202 
—  V.  St.  Faul,  109 
Broke's  (Lord)  Estates  Re,  301 
Bromage  i:  Davies,  381,  392 


TABLE   OF   CASES. 


XXI 


Bromley  v.  Smith,  240 
Brook,  /iV,  IMlclicr  ;•.  Aidcii,  556,  5GS, 
569,  573 

—  ,  lie,  297 

—  V.  Alcock,  377 

Brooke,  Er  parLe,  Re  Newman,  510 
Brooks  r.  ]5oekclt,  430 

—  r.  Israel,  13owe}'  v.  liell,  101 
]5roiigham  (Lord)  v.  Lord  AV.   roulutl, 

172 
Bronghton  v.  Brougliton,  386,  388 

—  r.  Lashmere,  77 
Brown,  lie,  464,  480 
— 's  Case,  275 

—  V.  Brown,  358 

—  x\  Dawson,  374 

—  r.  Douglas,  26 

—  r.  P'enwick,  295 

—  V.  Gellatly,  138 

—  V.  Lake,  360,  379 

—  V.  Robertson,  65 

—  r.  Sawyer,  54 

—  r.  Sewell,  229,  489,  493,  404,  501 

—  r.  Tibbits,  429 

—  V.  Trotman,  573 

—  V.  Weatlierliead,  353,  357 
Browne,  lie,  294,  440,  454,  455 

—  r.  Groombridge,  172 

—  r.  Lockliart,  52,  233 

—  I'.  l>ye,  578 

—  r.  Smith,  137 

lirowning,  Ex  yarfr,  Rr  (.'raycroft,  517 

—  V.  Sabin,  520 

Bruce  v.  Bain  bridge,  252 

—  V.  Kinloek,  60 

—  ?'.  Presbytery  of  Deer,  153 
Brutf  r.  Colibold,  38 

Bruin  \\  Knott,  185 
Biiinsdon  v.  Allard,  562 
Bryant,  Ex  parte,  561,  563 

—  In  rr,  57 

—  r.  ]5u]l,  518,  520 

—  r.  Bush,  252 
Brymer  v.  Buchanan,  220 
Bryon  v.  Saloon  Omnibus  Co.,  183 
Buchanan  v.  Green  way,  116 
Buck,  Ex  parte,  288,  309,  310 
Bucks  Railway  Act,  Re,  288 
Buckton  r.  Buekton,  352 

—  r.  Higgs,  103 
15udgc  V.  Budge,  536 
Buist  V.  Bridge,  529 

Bulkeley  v.  Earl  of  Eglinton,  325,  402 
Bull  V.  Jones  ;  Ecclcs  v.  Walker,  71 

—  V.  Faulkner,  553 

—  V.  "West  London  School  Board,  124 
Bullass,  Re,  313 

JUillen  r.  Over,  67 
Bullcy  r.  Bulfcy,  570 


Bunnctt  v.  Foster,  175 
ijiiiiiiing  ;•.  Bunning,  200 
BurcheU  r.  Giles,  36,  485 
]5urdcll  )•.  Hay,  538 
liurden  ?•.  Old'aker,  234 
lUirdick  r.  Garrick,  53,  510 
Bui  lord  (Corporation  of  j  r. 


Lcnth 
.04 


11, 


Burge  V.  Brutton,  388,  301, 
Burgess  r.  Hatcly,  08,  135 

—  r.  Hills,  78 

—  V.  AVheate,  396 
Burgess's  Case,  275 
Burgoine  r.  Taylor,  52,  90 
Burke  r.  Hutchinson,  14 

—  V.  Lidwell,  14 

—  r.  Smyth,  250 
Burkett  v.  S[iray,  542 
Biirkitt  I'.  Ransom,  202 
Burnell  r.  Brown,  257 

—  r.  Duke  of  Wellington,  84 

—  's  Estate,  Re,  204 
Burns  v.  Irying,  523 

Burrell,  In  re,  Burrell  i\  Smith,  202 

—  V.  Deleyante,  105 
Burrows  r.  Burrows,  524 

—  V.  Greenwood,  183,  413 

—  V.  Lock,  258 

Burry  Port  Co.  v.  Bowser,  372 
Bush,  Re,  428,  429 

—  's  Case,  272 

—  V.  Martin,  417 

—  r.  Trowbridge  Co.,  112 

—  V.  Windey,  194,  106 
Busk  r.  Beethani,  23 
Butler's  Will,  Re,  290 

—  r.  Gardener,  46,  372 
Butterfitld,  Re,  285 

Butterworth,  //;  re,  Ex  parte  Russell, 

307 
Buxton  V.  Lister,  258 
Byde  v.  Masteimau,  485 
Byrch,  Re,  438,  443 
Byrne,  Re,  533 

—  I'.  Korcott,  406 
Byrom,  In  re,  208,  305 

Byron's  Settled  Estates,  i^e,  300,  301 


C. 


Caffrey  v.  Darby,  406 
Caldicott  r.  Baker,  365 
Caldwell  r.  Ernest,  271 
Caley  v.  Caley,  355,  356 
Callaghan  r.  C'allaghan,  544 
Callander  v.  Hawkins,  105 
Callow  r.  Howie,  367 


TABLE   OF   CASES. 


Calmady  i:  Calmaay,  240,  242 
Calverley  v.  "Williams,  261 
CaXvert,  £x parte,  Jure  Messenger,  552, 
555,  557 

—  V.  Day,  11 

—  V.  Godfrey,  381 

—  V.  Rootli,  377 
Camac  r.  (hunt,  2-J 
Cambottie  r.  Inngate^  U 

Cambrian  Steam  Taeket  Co.,  E:>: parlc, 

272 
Camden  v.  Benson,  378 
Cameron,  Re,  322 

—  's  Coal1)rook  Co.,  He,  551 
Camille  v.  Donato,  61,  486 
Campbell,  Re,  478,  539,  548 

—  V.  Bainbridge,  4(J8 

—  V.  Cam]ibell,  156,  356,  411 

—  V.  Holyland,  68 

—  r.  Home,  413 

—  V.  Joyce,  27,  36,  51 

—  V.  Solomans,  219 
Cane  v.  Allen,  108 

—  V.  Browurigg,  234 

—  V.  Martin,  558 
Canham  r.  Neale,  193 

Cannell,  or  Cannon  v.  Beeby,  177,  542 
Cannon  r.  Johnson,  241 
Cannot  r.  Morgan,  60 
Cant,  Ex  parte,  324 

—  's  Estate,  Re,  284 

Canterbr;ry  (Dean  and  Chapter  of),  Ex 

parte,  287 
Cape  Breton  Co.  v.  Fenn,  83 
Capper  r.  Terrington,  234 
Carew,  Re,  435,   460 
Carey  v.  White,  546 
Cargill  V.  Bo^yer,  34,  52,  400 
Carlisle  (Mayor  of),  Ex  parte,  305 

—  and  Silloth  Ky.  I'o.,  Re,  301 
Carmarthenshire  Coal  Co.,  Re,  267 
Carmichael  v.  "Wilson,  387 
Carnarvon  Castle,  The,  21 
Carnarvonshire  Slate  Co.,  Re,  266 
Carney,  Re,  308 

Carpmael  r.  Broffitt,  285,  291 

Carr  r.  Henderson,  188,  199,  334 

Carrodus  c.  .Sharp,  255 

Carrow  i\  Ferrior  ;  Dunn  v.  Ferrior,  57 

Carta  Para  Gold  Mining  Co.,  Re,  15 

Carter  v.  Barnard,  492 

—  V.  Carter,  539 

—  V.  Green,  206,  350 

—  V.  Palmer,  544 

■ —  V.  Sebright,  325 

—  V.  Wake,  198 
Carthew  v.  Barelay,  52 
Cartwright,  Re,  444,  445 
Carven,  Re,  432 


Cashin  r.  Cradock.  39 

Cast  V.  Peyser,  42,  46 

Castellani  v.  Blumenthal,  61 

Catcr's  Trusts,  Re,  313,  314 

Catlin,  Re,  432,  456,  480,  481,  486,  495 

Catlow  r.  Catlow,  571,  572,  .'573 

Cattlin,  Rr,  54 

—  ,  Re,  Bai-well   e.   Brooks,  438,   439, 
456 

Cattell  r.  Simons,  133,  532.  563 
Cave,  Ex  parte,  285 
Cawdross  (Lord),  Ex  parte,  426 
Cawley  and  "Whatley,  Re,  448 
Cawthorne,  Re,  321 
Cazueau's  Legacy,  Re,  319 
Challie  v.  Gwynne,  85 
Chambers,  Re,  432 
Champ  r.  Stokes,  434 
Champernown  ?•.  Scott,  552 
Champion  r.  Formb)',  104 
Chaplin's  Trusts,  Re.  323 
Chapman  v.  Chapman,  394 

—  V.  ]\IidlandEy.  Co.,  577 

—  V.  Beal  Property  Trust,  60 
Chappcll  r.  Purday,  98,  160 
Cliarlesworth  v.  Gartsed,  67 
Charlton  r.  Charlton.  148 
Charras  v.  Pickering,  23 
Charter  v.  Charter,  153,  185 
Chase  v.  AVestmore,  560 
Chattield  v.  Sedgwick,  132 
Chatteris  v.  Young,  166 
Cheltenham  "Wagon  Co.,  In  re,  57 
Chennell,  //;  re,  Jones  v.  Chennell,   6, 

158,  171,  398,  409 
Cherry's  Settled  Estates,  Re,  301,  302 
Chertsey  Market  Case.  212 
Chester  r.    iletropolitan   lly.  Co.,  79, 

260 
Chesterfield  Co.  r.  Black.  34 
Chesterfield  v.  Jansseu,  248 
Chichester  v.  Huntei-,  83 
Chick  V.  Nicholls,  562 
Child  V.  Stenning,   119 
Chilton  r.  Campbell.  51 
Chilwell  r.  Hocknell,  188 
Chissum  i:  Dewes,  178 
Cholmondeley  v.  Clinton,  559 

—  r.  Phelps,  578 
Chorltou  v.  Dickie,  136 
Christ  Church,  Expeirtc,  301 
Christ's  Hospital  .(Governors  of),   Ex. 

parte,  289,  300,  301 
Christian  v.  Adamson,  407 

—  V,  Chambers,  378 

—  V.  Field,  553 

—  {'.  Foster,  175 
Christie  r.  Christie,  37 
Christmas,  Re,  54 


TABLE    OF    CASES. 


XXIU 


Chvistoiiliprs  v.  Wliitc,  387 

(Jliubb  r.  (liiilitlis,   .'5(30 

Cliugg  ('.  Cliiigg,  4(iy 

Church  r.  Jlar.sh,  ^75 

Chuicliill,  Kr  pnr/f,  69 

Churton  r.  l^'icwen,  487,  503 

City  and  County  Iiive.stiDeiit  Co.,  lie, 

277 
City  Glass  Co.,  7?^  2G6 
City  of  ]]erliii,  The,  144 
Chick  V.  Carlo]),  387 
Chanricanle   (iiOiil)   r.    IfeiiniiiL',    107, 

250,  38tJ 
Chirborough  (Vicar  of),  E.r partr,  304 
Chire  V.  Wood,  226 

Clark,  In  re,  Cnmberhind  v.  Clark,  194 
Clark,  lie,  148,  505 

—  Re,  E)i  'parte  Newland,  556 

—  V.  Fergusson,  9 

—  r.  Gill,  42,  43 

—  r.  Girdwood,  385 

—  r.  Malpas,  486,  494,  498,  502 

—  V.  Simpson,  69,  139 

—  V.  AVatkins,  51 
Clarke's  Case,  275 
Clarke  v.  Cookson,  3 

—  V.  Croker,  7 

—  V.  Hart,  150 

—  V.  Jacques,  46 

—  r.  Tyke,  373 

—  V.  Kawlins,  116 

—  i\  Roche,  141 

—  V.  Tipping,  84 

—  V.  Toleinan.  117 
Clarkson  r.  Parker,  437 
Clay,  E:k  parte,  326 
Claydou  V.  Finch,  519 

Claypole  (Hector  of),  Ex  purte,  286 
Clayton  v.  Clarke,  172,  354,  355 

—  V.  Meadows,  442 
Cleland,  Ex  parte,  133,  563 
— 's  Case,  278 

Clements  v.  Clifford.  76 

—  Re,  158 

Cleveland's  (Duke   of)  Harte  Estates, 

Re,  294,  331 
Cliff  V.  Wadsworth.  231 
Cliffe  V.  Wilkinson,  22 
Clifford  r.  Turrill.  557 
Clifton  r.  Orchard,  99,  215 
Clinch  r.  Financial  Corporation,    106. 

125 
Clinton  v.  Clinton,  520 
Clough  V.  Cross,  535 
Clover  V.  Adams,  571,  573 
Clowes  r.  Beck,   108,  114 
Cluttou  V.  Pardon,  94,  551 
Cly lie's  Trustees  v.  Clyne,  156 
Coates  V,  Coates,  187 


Coates'  Case,  278 

—  r.  Ilawkyard,  127,  475 
Cobhuni  r.  Daltuii.  528 
Cochrane  r.  Fftaron,  18 

—  V.  0'15ricn,  220 

—  r.  Willis.  31 
Cockayne  v.  Harrison,  560 
Cockburn  v.  Edwards,  5 

—  V.  Raphael,  338 
Cockcroft  V.  Sutclilfc,  413 

Cockell  r.  Taylor,  217,  232,  250,  3;:4 
Cockle  V.  Joyce,  52.  90,  136 

—  V.  Whiting,  391,  395 
Cocks  V.  Purday,  52 
Cockshott  V.  London  Cab  Co.,  136 
Coc(i  V.  Hunasgeria  Colfee  Co.,  60 
Codrington  (Lady)  r.  England,  215 
Colburn  r.  Simnis,  102,  163 

Cole,  Ex  Y>artc,  525 

—  Re,  507 

—  I'.  I>urgess,  193 

—  V.  Firth,  131 
Colebrook  v.  Joncg,  8 
Colegrave  v.  ]\Ianley,  558 
Coles  ;;.  Forrest,  233,  234,  235 
Collard  v.  Hare,  535 

—  V.  Roe,  253 

Collett  V.  Dickenson,  362 

—  V.  Preston,  563 
Collins,  Ex.  parte,  284 

—  V.  Carey,  387 

—  V.  Reece,  335,  412 

—  r.  Shirley,  115,  116 

—  V.  Welch,  101 
Collis  V.  Collis,  76 

—  r.  IJobins,  404 

Collyert'.  Dudley,  163,  179,  403 

—  V.  Isaacs,  499 
Colman  v.  Sarell,  134 

—  V.  Sairel,  397 
Colmer  r.  Ede,  552 

Colquhoun,  Re,  127,  344,  438,  476,  481 

—  Re,  Dunt  r.  Dunt,  455 
Colyer  r.  Colyer,  181,  192 
Commercial  Discount  Co.  (Limited),  Re, 

269 
Commerell  v.  Poynton,  558 
Commins  i\  Scott,  30 
Comniomvealth  Land  Co.,  Re,  393,  516 
Condor,  The,  v.  The  Swansea,  144 
Congreve,  Re,  430 
Conn  r.  (Jarland,  520 
Connell  r.  Hardie,  222 
Connolly  v.  Smyth,  51 
Consett  V.  Bell,  384 
Consols  Insurance  Co.  v.  Wood,  271 
Const  i\  Ebcrs,  58 
Constautine,  The,  142 
Conybeare  v,  Lewis,  75 


XXIV 


TABLE    OF   CASES. 


Cook  ?'.  Broomheacl,  39i 

—  V.  Gillard,  434 

—  r.  Hart,  197,  225,  226 

—  r.  Hathway,  121,  538 

—  V.  Earl  of  Kosslyii,  220 

—  V.  Sharmaii,  383 
Cooke,  Fu;  303 

—  V.  lUown,  220 

—  V.  Fryer,  358,  363,  364 

—  )'.  Turner,  195,  490 
— 's  Contract,  Jir,  330 
Cooksou  V.  Bingliam,  92,  165,  200 
Cooper,  Ex  jwrtc.  In  re  Ijamn,  144 

—  Kx  imrt€,  285,  293 

—  V.  Cooper,  53,  510 
■ —  V.  Ewart,  442 

—  V.  Hewson,  560 

—  r.  London,  Chatham,  and  Dover  l!y. 
Co.,  264,  288 

—  V.  Pitcher,  133,  190 

—  V.  Earl  of  Powis,  27 

—  r.  Purton,  23 

—  V.  AYhittingliam,  98 
— 's  Case,  269 

Cooth  V.  Jackson,  98 
Cope's  Trust,  In  rr,  165 
Copley,  Ex  2Mi'tc,  307 
Coppin  V.  ,  369 

—  V.  Cojipin,  109 
Corbett  v.  Corbett,  374 
Corcoran  v.  Witt,  48 

Cork,  Earl  of,  r.  Kussell,  115,  117 

• —  and  Youghal  Py.  Co.,  iiV,  278 

Cormaek  v.  Bcisly,  127,  564 

Corner  r.  Irwin,  7 

Cornish  r.  Gest,  243 

Corpus  Christi  College,  Oxford,  Ex 
parte,  300 

Corry  v.  Cnrlewis,  56 

Corticene  Floor  Coveiing  Co.  v.  Tull, 
577 

Cory  r.  Thames  Ironworks  and  Ship- 
building Co.,  485 

Cosmi  Truppo's  Estate,  Ec,  303 

Costa  Pica  r.  Erlanger,  7,  20,  21,  557 

—  V.  Strousberg,  236 
Costello'i'.  O'Korke,  411 
Costerton  v.  Costerton,  196 
Cotterell  v.   Stratton,    160,   222,   228, 

232,  577 
Cotton,  Ex  parte,  497 

—  V.  Clark,  342 

—  r.  Clarke,  180,  191 

—  V.  Luttrell,  370 

—  V.  Penrose,  189 
Cottrell  r.  Finney,  222 
Coulsting  r.  Coulsting,  365 
County  Life  Assurance  Co.,  Be,  560 
Courand  r.  Hanmcr,  384 


Course  v.  Humphrey,  125 
Court  V.  Robarts,  3  57 
Courtney  v.  Rumley,  399,  404 

—  r.  Stock,  393 
Courtoy  r.  Vincent,  523 

Courts  of  .Tu.stice  Commissioners,  Re, 

284 
Cousens  v.  Cousens,  492 
Coventry  (Justices  of),  lie,  69,  320 

—  V.  ]5entley,  21 4 

—  V.  Coventrv,  415 
Covington's  AVill,  He,  313 

Coward  and  Adam's  Purchase,  Ee,  330 
Cowdell  v.  Neale,  426,  427 
Cowdray  v.  Cross,  535 
Cowdry  v.  Day,  2-?8 
Cowell  V.  Simpson,  560,  561 

—  !'.  Watts,  260 
Covvgill  r.  Rhodes,  349 
Cowley  V.  Wellcsley,  92 
Cowtan  V.  Williams,  219 
Cox  ?'.  Barker,  31 

—  V.  Chamberlain,  251,  253 

—  0.  Cox,  242 

—  V.  Toole,  226 

Coyle  ('.  Cuming,  37,  368 

Coysgarne  v.  Jones,  195 

Cozens  v.  Graham,  434 

Crabtree,  Ee,  324 

Crackeltr.  Bethunc,  181 

Cracknall  r.   Janson,  37,  40,  131,  144, 

485 
Cradock  v.  Owen,  175 

—  V.  Piper,  388,  389 
Craig  r.  Bolton,  7 

—  r.  Watson,  386,  394 
Crane's  Estate,  Ee,  294 
Cranstown  v.  Johnson,  108 
Crause  v.  Cooper,  111 
Crawford  i*.  Fisher,  220 

—  r.  Hornsea  Brick  Co.,  498 
Crawshay  v.  Thornton,  69 
Craycroft,    Ee,    Ex   piartc    Browning, 

517 
Credland  v.  Potter,  227 
Creech  St.  Michael  (A'icar  of),  Ex  parte, 

299 
Creen  r.  Wright,  102 
Cremetti  v.  Crom.  508,  521 
Cresswell  v.  Byron,  564 

—  V.  C'heslyn,  166 

—  V.  Haines,  261,  285 
Crew  V.  Jollift;  345 
Crispin  v.  Cumano,  520 
Croft  V.  Graham,  249 
Croome  r.  Lediard,  255 

Crosbie  v.  ]\Iayor  of  Liverpool,  167 
Cross  r.  Cross,  84 

—  I'.  Kennington,  201 


TABLE   OF    CASES. 


xxv: 


Crosses.  General  Reversionary  Co.,  199, 

224 
Crosskill  v.  IJowcr,  405 
Crossley  r.  Crowtlier,  88,  89 

—  V.  Elvvorthy,  397 

—  V.  Tarker,  502 
Crouch  V.  Waller,  36G,  373 
Crowder  v.  Slice,  428 
Crowe  V.  Ballard,  248 
Crowley's  Case,  535 
Crowtlier  v.  Flood,  356 
Croxen  v.  Lever,  360 
Croyden's  Trusts,  AV,  313 
Cruikshank  v.  DiilHii,  250,  251 
Culliugwortli  V.  Lloyd,  106 
Cull's  Trusts,  Jte,  316,  413 
Cuniniiiis  v.  Broinfield,  403 
Curling,  AV,  549 

—  Vi  Austen,  121 

Curnot  and  Tarkinson,  J\r,  439 
Curre  v.  Bowyer,  194 
Currie,  AV,  448,  452 

—  V.  Pye,  350 
Curteis  v.  Candler,  179 
Curtis  V.  Lloyd,  75 

—  V.  Robinson,  184 
Curweu's  Settlement,  AV,  287 
Cutfield  V.  llichards,  225 
Cuthbert,  In  re,  392 


D. 


Daintree  r.  Haynes,  374 
Daking  v.  AVliiniper,  397,  399 
Dakins  i\  Garratt,  51,  70 
Dale's  Case,  274 
Dallas  V.  Glyn,  529 
Daiuer  v.  Lord  Portailington,  85 
Daniel  v.  Harding,  342 
Darke  v.  AVilliamson,  401 
Darley  i'.  Nieholsou,  62 
Dashwood,  A'.*'  2"<>'fc,  282 
Daubuey  v.  Shuttlewortli,  61 
Davenport  c.  Davenport,  12,  13 
• —  V.  James,  233 

—  V.  Jepson,  100 

—  I'.  Powell,  442 

—  V.  Rylands,  246 

—  V.  Stattbrd,  496 
Davey  v.  Bennett,  17 

—  V.  Durrant,  41,  44 

—  v.  Plestow,  193,  194 

—  r.  AVietlisbacli,  242 
David,  AV,  440 
Davidson  v.  Gray,  102,  131 
Davie,  lie,  Ex  parte  White,  454 
Davies,  Ex  parte,  324 


Davies  v.  Austen,  169 

—  V.  Busli,  564 

—  V.  Chatwood,  127,  476 
-  V.  Cooper,  248 

—  V.  Davies,  87 

—  V.  Marshall,  486,  489,  495,  502 

—  V.  "Whitehead,  364 

—  V.  Williams,  111 
— 's  Case,  275,  279 
Davis  V.  Cripps,  485 

—  V.  Earl  of  Dysart,   432,   473,   490, 
495 

—  V.  Park,  63 

—  V.  Read,  30 

—  V.  Symonds,  258 

—  V.  AVhifHn,  63 

—  V.  Whitmore,  116 
Davison  and  Torreus,  lit  re,  464 
Davy  V.  Garrett,  39 

Daw  r.  Eley,  57 
Dawson,  Re,  455,  463 

—  ?'.  Jay,  46 

—  v.  Shepherd,  119 
Day  V.  Croft,  69,  320 

—  i\  Day,  565 

—  V.  Gudgen,  117 

—  V.  Whittaker,  469 
Deacon  i\  Deacon,  118 
Dean  v.  Morris,  128,  173 
Deaiie  v.  Loid  Waterford,  259 
Dearden,  llr,  454,  480 ,. 
Dearsly  v.  ]\liddleweek,  122 
De  Bay  r.  Griffin,  447,  561 

De  Beauvoir's  Settled  Estates,  AV,  286, 

289 
De  Burgh  r.  Cliichester,  124 
Debenliain  r.  Lacej^  Smith  v.   "Which- 

cord,  Evans  v.  Debenham,  60 

—  V.  Ox,  109 

De  Combe  v.  De  Combe,  119,  217,  340, 

534 
Deere,  Re,  528 
De  Feucheres  v.  Dawes,  441 
De  Geneve  i\  Hannam,  64 
De  Hart  r.  Stevenson,  17 
De  Hoghton  r.  ]\[onev.  264 
De  la  Warr  (Earl)  v.  Aliles,  498 
De  la  Warr's  Estates  (Earl),  Re,  332 
DelaAvney  v.  Delawney,  35 
Deller  v.  Simonds,  259 
De  Montmorency  v.  Devereux,  107,386 
Dence  r.  Mason,  141 
Dendy,  AV,  432 
Denny  v.  Hancock,  144 
Dent  V.  Basham,  432 

—  V.  Dent,  520 

—  i:  Warden,  35 
Derriman's  Settlement,  Re,  302 
Desprez  v.  ]\[itehell,  10 


XXVI 


TABLE   OF   CASES. 


Detillin  r.  Gale,  16i,  223,  227,  231 

Devenisli  r.  Browu,  31 

Devey  r.  Thornton,  414 

Uevonsher  r.  Kyall,  37 

Devon  sliirc,  J!e,  54 

Dew  v.  Clarke,  30,  216 

De^vdney,  Ex  parte,  429 

Dewes  r.  Bercsfortl,  535 

Diamond  Fuel  Co.,  In  re,  142,  266,  270 

Dick  I'.  Munden,  11 

Dicken  v.  Hamer,  139 

Dickenson  v.  Lockyer,  109 

Dickenson  r.  Mavie,  124 

Dicks  V.  Brooks,  129 

—  r.  Yates,  98,  158 
Dickson,  Re,  321,  456,  463 
Dighton  r.  Withers,  197,  199 
Dillon  r.  Aslnvin,  117 

—  V.  M'Carthy,  368 

—  V.  Cunningham,  525 
Dimes  r.  Wright,  434 
Dimson's  Fire  Clay  Co.,  Rr,  2r2 
Dinning  r.  Henderson,  291 

Di  Sora  v.  Phillips,  165 

Ditton,  E.I-  jxirte,  In  re  Woods,  427 

Divers,  Re,  282,  309 

Dixon  V.  Evans,  154 

—  r.  Jackson,  287 

—  r.  AVilkinson,  394 
Dobson  V.  Land.  234 

D'Oechsner  r.  Scott,  364,  366,  400,  523 
Docker,  Ex  parte,  lie   Heritage,  453, 

460 
Dodd,  Re,  289 

—  V.  Holbrook,  59 

Doggett  v.  Eastern  Counties  Ry.,  540 

Dolman,  In  re,  18 

Doncaster's  Settled  Estates,  Re,  302 

Doody  V.  Higgins,  186 

Dorin  r.  Dorin,  154 

Douglas  V.  Archbutt,  51,  405 

—  r.  Cooper,  97 

Dowdeswell  c.  Dowdeswell,  34,  90 
Dowling's"  Trusts,  Re,  294 
Downing  College  Case,  208,  491 
Downcs,  Re,  447,  457,  464,  466 
Dowson  i\  Hardcastle.  218,  221 
Drake,  Re,  448,  454.  460,  463,  464 

—  r.  Symes,  17 

Drennan  v.  Andrew,  371,  373 
Dresser  r.  Morton,  372 
Drever  v.  Maudesley,  18 
Drew,  Re,  451 

—  r.  Clitlord,  434 

—  V.  Harman,  234 

Drinan  v.  Jlannix,  12,  23,  365 
Drummond's  Case,  271 
Dryden  e.  Frost,  236,  237 
Du  Boisou  i\  Maxwell,  553 


Dublin  Ey.  Co.  v.  Slattery,  151,  152 
Duchess  of  Westminster  Co.,  Re,  147, 

498 
Duckett  V.  Gover,  28,  51,  88 
Dufaur  v.  Sigel,  98 
Duftield,  Re,  Ex  parte  Peacock,  510 
Dugdale  v.  Dugdale,  168,  170,  186 

—  V.  Johnson,  65 
Duggan's  Trusts,  Re,  68 
Dulwich  College,  In  re,  337 
Dnmmelow,  Re,  Ex  petrtc  Kuffle,  511 
Duncan  i'.  Varty,  99,  100 

—  V.  Vereker,  37 
Dundas  r.  Dutens,  87 

Dundee  Harbour  (Trustees  of  )  r.  Dou- 

gall,  153 
Dungey  i:  Angove,  220.  392 
Dunkeld,  The,  499 
Dimlop  r.  Hubbard,  221 
Dunn  V.  Dunn,  352,  357,  358,  552 

—  r.  Ferrior,  Carrow  v.  Ferrior,  57 
Dinining  r.  Hards,  203 
Dunstiin  v.  Patterson,  121 

Dunt  f.  Dunt,  Ti'cColquhoun,  455 

Durbaine  v.  Knight,  169 

Durham  (Bishop  of).  Ex  parte,  303 

Dutton  V.  Furness,  220 

Dylar's  Estate,  Rr,  299 

Dyson  c.  Lum,  408 


E. 


Eady  i:  Watson,  200 

East  r.  Ryal,  406 

East  Holyford  Mining  Co.,  Re,  271 

East  of  England  Bank,  Re,  532 

East  Kent  Shipjiing  Co.,  Re,  273 

East  Norfolk  Py.  Co.,  Ex  parte,  294 

Eastern  Counties  Ey.   Co.   v.  Tutnell, 

261,  285 
East  Llangynog  Mining  Co.,  In  re,  7, 

18 
Eaves  r.  Hickson,  406 
Eccles  V.  Livcrjjool  Borough  Bank,  65, 

66 
Ecclesiastical  Commissioners,  Ex  j'o.rte, 

287,  300,  303 
Edelsten  r.  Edelsten,  105 
Eden  r.  Kaish,  124 

—  V.  Thompson,  69,  284,  292,  295,  378 
Edenborough  v.  Archbishop  of  Canter- 
bury, 401,  402 
Edgcenmbe  v.  Carpenter,  400 
Edison  Telephone  Co.  v.  India  Eubbcr 

Co.,  247 
Ednieade,  Re,  303 


TABLE    OF   CASES. 


xxvn 


Eamund.s,  AV,  288,  431 

—  V.  Lord  IJrougliain,  37 
Kuridge  r.  Julridge,  3J0 
J'Ahvanlcs  v.  liurke,  8 
Edwards,  E.v  parU;  56(J 

—  V.  Burt,  249,  250 

—  V.  Edwards,  72,  79 

—  V.  Harvey,  252,  396 

—  V.  Jones,  335 

—  V.  Lawless,  429 

—  V.  Smitl),  235 

Egliu  i;.  Hauudcrson,  179,  181 
Egmont  V.  Darell,  100 
Egrcmont  (Lord)  v.  Thompson,  292 
Elbonie  ?•.  (!oodc,  1G6,  10  7 
Elborough  (".  Ayres,  510 
Eldridge,  lie,  439 

—  V.  Burgess,  84,  136 
Elgar,  Re,  314 

Elliot  V.  Kokeb}'.  (Lord).  155 
— 's  Trasts,  Ec,  314 
Ellis,  Ex  parte,  438 

—  V.  Barker,  411 

—  V.  De  Silva,  102 

—  V.  Ellis,  35(3 

—  I'.  Houston,  29 
• —  r.  King,  136 

—  V.  Walniesley,  67,  532 
Ellison's  Estate,  Ue,  3(i2 

—  V.  AVright,  236,  237 
Elmore's  Will,  Re,  328 
Elmslie,  Re,  435,  450 
Elmslie  &  Co.,  Re,  437,  445 
Elsam  V.  Alcoek,  377 
Elsey  V.  Adams,  77,  79 

—  V.  Cox,  359,  396 

—  V.  Lutyens,  396,  397 
Elton  V.  Elton,  240 
Elwes,  Re,  328 

Emden  v.  Carte,  570,  571,  573 

Emerson  v.  Dallison,  38 

Emma     Silver    Mining    Co.,     Re,    Re 

Turner,  553 
Enimerson's  Case,  278 
Empire  Assurance  Corporation,  Re,  269 
Engleheart  v.  ]\Ioore,  429,  434 
England  v.  Codrington,  227 

—  V.  Downs,  409 

—  (Bank  of)  v.  I'ar.sons,  340 
English,  Re,  285 

Ennis  v.  Brad)',  333 

Ei|nitable      Keveisionary     Society      v. 

EuUer,  328 
Ernest  v.  Govett,  82,  537 

—  V.  Partridge,  486,  495,  496,  537 
■ —  V.  "Weiss,  111 

Erskine's  Trusts,  Re,  313 
E.  S.,  In  re,  89 
Esdaile  v.  reacock,  122 


Esdaile  v.  Visser,  524,  527 

Estcourt  V.  JCstcourt  Hop  Essence  Co., 

108 
Etlierington  v.  "Wilson,  159 
Eton  College,  E.c  parte,  302,  305,  307 
European  Jianking  Co.,  Re,  266,  267, 

269 
European  Life  Assurance  Society,  AV, 

266 
Evans,  Ex  parte,  281,  447,  518 

—  V.  Bear,  528 

—  V.  Davis,  59,  114,  517 

—  V.  Debenham,  Smith  i'.  AVliichcord, 
Debenham  i'.  Lacey,  GO 

—  V.  Evans,  31 

—  V.  Lewis,  121 

—  V,  Kosser,  29 

—  Trusts,  Re,  322 

—  v.  Wills,  526 
Evelyn  v.  Chippendale,  8 

—  r.  Evelyn,  65 
Everett  r.  Backhouse,  109 
Everson  v.  Matthew,   372 
Exhall  Coal  Co.,  AV',  400 
Eyre,  Re,  318,  440 

—  r.  JMcDowell,  154 

—  V.  Marsden,  160,  161,  166 
Ezart  V.  Lister,  392 


F. 


F ,  Re,  445 

Fagg,  Re,  315 
Fairland  v.  Enever,  563 
Faithful!,  lii  re,  556 

—  r.  Ewen,  569 

Fallows  c.  Lord  Dillon,  121 

Fane  v.  Fane,  409 

Fardon's  Vinegar  Co. ,  E.c  parte.  In  re 

Jones,  146 
Farewell  v.  Coker,  560 
Farina  v.  Silverlock,  98 
Farington,  Re,  439,  484 
Fanpiharson  r.  I'itchi'r,  'oQ 
Farr  v.  Sheriffe,  125 
Farrar  v.  Lord  "Wiuterton,  262 
Farrell  i\  Gleeson,  110 

—  I'.  AVale,  136 
Farrow  v.  Austin,  159 
— •  V.  liees,  486 
Fawkes  v.  Pratt,  393 
Fearne  v.  AVilson,  427 
Fearns  v.  Young,  5,  353 
Felkin  v.  Lewis,  66 
Fellowcs  V.  Deere,  17 
Fellows'  Settlement,  Re,  324 

—  1'.  Barrett,  12 


XXVlU 


TABLE   OF   CASES. 


Fells,  In  re,  Ex  iiartc  Andrews,  57 

Felthain,  Re,  321 

Feiiiier  r.  Taylor,  190 

Fontoii,  Re,  Ex  parte  Litligow,  517 

—  V.  Brown,  260 

—  V.  Crickctt,  480 

—  V.  Queen's  Ferry  Co.,  87 

—  V.  Wills,  166 
Fenwickr.  Begbic,  492 

Fergus   Navigation   and  Embankment 

Co.  v.  Kingdon,  88 
Ferguson  i'.  Gibson,  203 

—  r.  "Wilson,  95 
Fernandes,  lie,  419 
Ferrao's  Case,  271 
Fetherstone  H.  v.  West,  406 
Fewster  v.  Turner,  260 

Fiddey,  He,  Heinrieh  v.  Sutton,  572 
Fiddey,  Re,  Jones  v.  Frost,  571,  572 
Field,  Re,  441,  549 

—  V.  Churchill,  108 

—  V.  Great  Northern  By.  Co.,  102 

—  V.  Eobinson,  85 

Fielden  v.    Northern    Ey.    of    Bnenos 

Ayres,  395 
Fielder  v.  Higginson,  254,  377 

—  and  Sumner,  Re,  449 
Fife  V.  Clayton,  259 
Finch,  Re,  294 

—  Re,  Ex  imrie  I'larton,  452,  454,  455 

—  V.  Jukes,  330 

—  V.  AVestrope,  35 
Finden  v.  Stephens,  29 
Findlay  v.  Lawrance,  56 

—  V.  Lawrence,  81 
Finley  v.  Jowle,  361 
Finney  v.  Hinde,  523 
Firkins  v.  Lowe,  214 
Firniin  r.  Fulhani,  183,  413 
Fisher,  Re,  439,  456 

—  V.  Bunbury,  9 

—  V.  Brierly,  153 
_  V.  Fisher,  84,  295 

—  V.  Owen,  37 

Fishmongers'  L'o.,  Ex  ;farte,  307 
Fitton  x\  Macclesfield,  373 
Fitzgerald  r.  Bult,  214 

—  r.  Fitzgerald,  382 

—  r.  Pringlc,  409 
Flagstaff'  Co.  of  Utah,  Re,  268 
Flanagan  r.  Nolan,  179,  180,  412 
Flattery  v.  Anderson,  372 
Fleetwood  v.  Green,  257 
Fleming  r.  Arn\strong,  242,  364 
Flemon's  Trusts,  7.V,  305 
Fletcher's  Case,  278 
Flintoffr.  Haynes,  191 

rlockton  V.  Feake,  493,  498,  523,  576 
j^lower,  Ex  parte,  286,  288,  438,  445 


Flower,  Re,  352,  437 

—  %\  Hartopp,  377 
Fludycr  v.  Cocker,  261 
Fluker,  Re,  437,  440 
Foley,  Ex.  iHirte,  17 

—  r.  Smith,  457,  536 
Foligno's  Mortgage,  Rr,  314 
Foljambe,  Re,  456,  457 
Forbes  v.  Taylor,  109 
Ford  and  Hill,  Re,  330 

—  r.  Lord  Chesterfield,   115,  116,  118, 

224 

—  v.  White,  116 

Forder,  Ex  parte.  In  re  Sparks,  396 
Forester  v.  Read,  37,  96 
j    Forshaw,  In  re,  559 

—  '('.  Hicginson,  415 
i    —  V.  Weisby,  385 

Forster  v.  Abraham,  251 

—  v.  Davies,  4,  490 

'    Forsyth,  Re,  426,  458,  459,  461 
Fort  r.  Bank  of  England,  23 
Fortescue  r.  Hallett,  534 
Fortune's  Trusts,  Re,  313,  314 
Forward  v.  Duffield,  99     • 
Foster,  lie,  365,  428,  434,  577 
— ,  Re,  Ex  parte  Dickens,  502 
— ,  Re,  E.r  partr  AVaikcr,  449,  451,  454 

—  r.  l)a\\l)er,  415 

—  r.  Edwards,  159 

—  V.  Ganigee,  104 

—  V.  Koberts,  249 
Fouldsw.  Midgley,  216 
Fowler  v.  Davies,  372 

—  V.  Fowler,  551 

—  r.  !Monmonthshire  Canal  Co.,  566 
Fox,  Ex  parte,  266 

—  V.  Blew.  20 

—  V.  Charlton,  539 

—  V.  Suwerkrop,  86,  354 
Foxen  r.  Foxen,  159 
Foxon  I'.  Gascoigne,  571,  572 
Foxwell  V.  Greatorex,  335 
Fozier  r.  Andrews,  409 
Fradella  r.  AVcller,  103,  135 
Frampton  r.  Webb,  344 
France  v.  Carver,  492 

■ —  r.  Cowper,  85 
■ —  V.  France,  242 
Francis  v.  Francis,  555 
Frnnk  r.  Main  waring,  352 
Frankland  r.  Lucas,  394 
Franklin  v.  Bank  of  England,  340 
Eraser  v.  Palmer,  11,  386,  388 

—  r.  Thompson,  343,  344 

—  V.  Wood,  380 
Frazer  i\  Gordon,  155 

—  V.  Jones,  222 

—  r.  Thonipscn,  127,  344 


TAB1J<]    OF   CASES. 


XXIX 


Fi'casou  r.  Loe,  T)") 

Freeliokl  Land,  &c.,  Co.  v.  .S[iargo,  16, 

21 
Freer  v.  Hesse,  253,  254,  256 
Friend  v.  London,  Chatham  and  Dov'cr 

Ry.  Co.,  139 

—  V.  Solly,  480,  490,  491,  496 

Fripp  ('.  Ikidgwater  and  Taunton  Canal 

Co.,  57,  384 
Friswell  v.  King,  552 
Fritz  V.  Hobson,  50 
Frizell  v.  Hodgens,  358 
Frowd  V.  Lawrence,  62 
Fry,  Ex  parte,  372,  373 

—  V.  Ernest,  537 

—  V.  Noble,  217 
Fulham,  Ec,  324,  326 
Fuller,  Ex  2)arte,  lie  Long,  555 

—  V,  Green,  203 

—  V.  Morgan,  225 
Fulton  V.  Andrew,  185,  404 
Furber  o.  Furber,  117 
Furlong  v.  Scallan,  244 
Furze  v.  Sharwood,  90 
Fussell  v.  Ehvin,  76,  91 
Futvoye  i\  Kennard,  82 
Fyler  v.  Fyler,  106,  385 
Fyson,  Re,  452,  461 


G. 


Gabriel  v.  Sturgis,  115 

Gaffney  v.  Hevey,  206,  350 

Gaitskell,  Re,  438 

Galloway  v,   London   (Corporation  of), 

417 
Gammon  D.  Stone,  102,  230 
Gamston  (Rector  of).  Ex  parte,  287 
Gann  v.  Johnson,  547 
Ganteaume  v.  Labertouche,  22 
Garbutt,  Ex  parte,  222 
Gardiner's  Case,  266 
• —  r.  Downes,  415 
Gardner  v.  Garrett,  195 

—  V.  Marshall,  50,  93 

—  V.  Parker,  168 
Garforth  v.  Bradley,  231 

Garey  v.  Whittingham,  69,  125,  370 
Garnett  v.  Bradley,  2,  154,  265 
Garth,  Ex  parte,  67 

—  *'.  Townsend,  97 
Gaskell,  Ex  parte,  300 
Gathercole  r.  Smith,  142 
Gaunt  V.  Taylor,  125,  200,  201 
Gay's  Case.  274 

Geary  v.  Norton,  103 

Gedge  v,  Montrose  (Duke  of),  201 


Gedye,  Re,  427,  428,  439,  443,  415 
Gee  V.  Mahood,  188 

—  V.  Pearse,  263 
Geils  V.  Ceils,  156 
General  Estates  Co.,  Re,  273 

—  Exchange  Bank,  Jie,  267 

—  International  Agency  Co.,  267 

—  Share  Trust  Co.  v.  Chapman,  55 1 
Georges  v.  Georges,  552 

Gerrard  i\  Dawes,  562,  569 
Giacometti  v.  Prodgers,  12 
Gibbs  V.  Daniel,  509 

—  V.  Gibbs,  221,  577 
Gibson  v.  Cranley  (Lord),  135 

—  V.  May,  552,  553 
Giddings  r.  Giddings,  23,  82 
Gilbert  v.  Cooper,  395 

—  V.  Golding,  229 

—  V.  Guignon,  481 

—  V.  Lee,  180 

Giles  r.  Hamer,  Hamer  v.   Gile.s,  245, 

521,  569,  573 
Gillani  r.  Taylor,  167 
Gillctt,  Ex 'parte,  3z9 
Gillow  V.  Rider,  439 
Girdlestono  v.  Creed,  119,  ISO 
Gladstone  v.  Ottoman  Bank,  29 
Glazbrook  v.  Gillatt,  18 
Glebe  Lands   of  Great   Yeldham,    Re, 

288 
Glenham  v.  Stutwell.  Re  Glendenninc 

314 
Gloucester  (Corporation   of)   r.   Wood, 

338 

—  Charities,  Re,  209 
Glover  v.  Rogers,  117 
Glynn  v.  Locke,  219,  220 
Goate  V.  Fryer,  193 
Godfrey,  Re,  438; 

—  V.  Tucker,  111 

—  V.  Watson,  236 
Godley,  Re,  287 
Godson  V.  Hale,  155 
Goe,  Re,  299,  306 
Gold,  Re,  459,  461 

Golding  V.  Wharton  Salt  Works  Co.. 

34 
Goldsmith  v.  Goldsmith,  373 

—  V.  Russell,  202,  359,  397 
Gomley  v.  Wood,  334,  386,  389 
Gonipertz  v.  Kensit,  403 
Gooch's  Estate,  In  re,  282 
Goodday  v.  Sleigh,  77,  81 
Goodford  V.  Stouehouse  Ry.  Co.,  264 
Goodwin  v.  Archer,  10 

Gordon  v.  Trail,  405 
— 's  Trusts,  Re,  323 
Gore  Langton's  Estates,   Re,   C8,  297 
306 


XXX 


TABLE   OF   CASES. 


Gorely  r.  Gorely,  6G 
Gough  ('.  Botevol,  315,^0^3 

—  V.  Davies,  338 

—  r.  Ettv,  406 
GoulJ,  J!c,  303 

—  r.  Duminett,  503,  576 

—  r.  Twine,  8?,  532,  538 
Gover  v.  Stihvell,  70 
Governesses'  Benevolent  Institution  r. 

Kusbridger,  169 
Gowau  V.  Broughtou,  166 
Gowers  Case,  277 
Go  wing  v.  Mowbray,  116 
Gowland  v.  De  Faria,  248 
Gowrani  r.  Barnett,  9 
Grace  v.  Terrington,  189 
Graham  i'.  Campbell,  145,  153 

—  V.  Cole,  241 

—  r.  Graham,  139 
" —  V.  Horn,  227 

—  V.  Maxwell,  194,  195 

—  V.  Wickham,  182,  404,  481 
Grand   Trunk,    &c.,   Ky.   Co.   (Official 

Manager  of)  r.  Brodie,  271 
Grandiu  v.  Haines,  578 
Grant  v.  Banque    Franco-Egyptienne, 

52,  141,  142,  509,  510 

—  V.  Holland,  556 

—  V.  Ingram,  24 
— 's  Trusts,  lie,  325 

Gray  r.  Adamson,  115,  351 

—  r.  Campbell,  534 

—  V.  Forbes,  156 

—  V.  Gray,  381 

—  V.  Lewis,  Parker  v.  Lewis,  107,  108 

—  Be,    Ex   iMTtc    Incorporated    Law 
Society,  89 

—  V.  Warner,  In  re  Biel's  Estate,  172 
(Jreat  Eastern  Ky.  Co.  v.  Norwich  and 

Spalding  l!y.  Co.,  501 
Great    Norlhern    Copper   JMining  Co., 

He,  268 
Great   Northern   Ey.    Co.,   Ex   parte, 

311 
Great  Southern  and  Western  Ry.  Co., 

Ex  parte,  284 
Great   Western   By.    Co.    r.    I\Ietropo- 

litau  By.  Co.,  31 
Greaves  c.  Fleming,  101 

—  V.  Keeue,  534 

Greedy  r.  Lavender,  124,  125,  187,  188 

Green  c.  Badley,  344 

_  V.  Briggs,  335,  492,  494 

—  V.  l)usby,  175 

—  V.  Cliarnock,  8 

—  V.  Gascoyne,  167 
— -  V.  Mercer,  243 

—  r,  Otte,  341,  368 

—  r.  Sevin,  264 


Greening  v.  Greening,  504 
Greenwood  r.  Churchill,  480 

—  V.  Wakeford,  415 
Greg,  In  re,  392 
Gregg,  He,  431 

—  V.  Slater,  102,  238 

—  V.  Taylor,  440 
— 's  Case,  278 
tiregory  r.  Bessell,  341 
tJregson,  Re,  552 

— 's  Trusts,  Ik,  308 

Gresham  v.  Price,  183 

Gretton  r.  Jlees,  104 

Greville  v.  Greville,  139 

Gridley  v.  Austen,  429,  434 

Griersou  i:  Astle,  183 

Griffin,  Ex  lyarte.  In  re  Adams,  134 

—  V.  Allen,  67,  147 

—  V.  Brady,  135,  410 
Gritliths  v.  Griffiths,  556,  559 

—  V.  Bicketts,  10 
Grigby  v.  Cox,  370 
Grills  r.  Dillon,  106,  143 
Grimes  v.  Harrison,  577 
Grimsby  r.  Webster,  72 

Grimwade  r.  Mutual  Society,  /.V  Mu- 
tual Society,  278 
Grove  v.  Bastard,  255 

—  r.  Sansom,  440 

—  V.  Young,  346,  347 
Grover  r.  Hugell,  259 

Grundy,  Kershaw  &  Co.,  He,  460,  507 
Guilden    Sutton   (Incumbent    of).   Ex 

parte,  287 
Guilfoyle  v.  Hutchinson,  44 
Gunnell  r.  AVhitear,  320,  414 
Gunston   v.  East   Gloucester.«hire  By. 

Co.,  259 
Gurney  r.  Jackson,  116 
Guy  V.  Guy,  80,  354,  358 
Gwynne  v.  Heatoji,  248 
Gwyther  r.  Allen,  165,  168 


H. 

H— ,  Fw,  558 

Haberdashers'  Co.  r.  Attoniey-General, 

210 
Habergham  v.  Stansfeld,  244 
Haigh,  Re,  505 

—  V.  Ousey,  434 
Hair,  Rr,  438,  441,  506 

—  r.  Woodbridge,  36 
Haire  v.  Levitt,  293,  3u4 
Hakewill,  Ex  parte,  365,  373,  375 

—  r.  Webber,  137 
Haldenby  v.  Spofforth,  182,  407 


TABLE    OF   CASES. 


XXXI 


Hale  r.  Saloon  Omnibus  ( 'o.  221 
Hall  aiul  JJarker,  Tlr,  444 

—  r.  Bennett,  88 

—  v.  Bushill,  262 

—  V.  Hall,  377 

—  V.  Hallet,  179,  408 

—  ?'.  Hoddesdon,  216 

—  c.  Laver,  89,  257,  391,  561,  564 

—  V.  Ley,  lie  Heiron's  Estate,  59,  517 

—  V.  May,  251 
Hallett,  Re,  463 
Halliley  r.  Henderson,  139 
Hallinan  r.  Price,  131 
Hallows  V.  Fernie,  491 
Halsall,  7.',-,  437 

Halstead  United  Charities,  Re,  68,  297 

Ham's  Trust,  Re,  321 

Hamer  v.  Giles,  Giles  v.   Hanici',   245, 

521,  569,  573 
Hameitou  v.  Rogers,  233 
Hamilton  (Duke  of)  v.  Incledon,  556 

—  r.  James,  125 

- —  V.  Littlejohn,  154,  156 
— 's  Ironworks  Co.,  Re,  274 
Hammond  v.  Messenger,  29 

—  r.  Neanie,  341 
Hampsliire  v.  Bradley,  413 

—  Milk  Co.,  Re,  277 
Hampson  v.  Brandwood,  95 
Handley  v.  Davies,  168,  183,  319 
Hankin  r.  Turner,  536 
Hanmer  v.  Mangles,  7 
Hannaford  r.  Hannat'ord,  559 
Hannani  v.  South  London  Waterworks 

Co.,  81 
Hanslip  x\  Kitton,  485 
Hanson  v.  Lake,  261 

—  V.  Keece,  564 
Harbin  i'.  Darby,  390 
Harborough  (Earl  of),  Ex 2)arte,  287 
Hardey  i'.  Hawkshaw,  97 
Harding,  Re,  456 

—  V.  Harding,  381 

—  v.  Tingey,  30 
Hardingham  v.  Thomas,  35 
Hardwick  r.  Hardwick,  176 

—  V.  Wright,  51 
Hardwieke,  Ex  parte,  289 
Hardy  r.  Eekersley,  107 
— 's  Estate,  Re,  307 

—  r.  Hull,  94,  130 
Harford  r.  Furrier,  254 
Hargreaves  i:  Scott,  489 
Harland  v.  Garbutt,  123 
Harle,  Re,  445,  455 
Harlock  v.  Ashberrj',  142 
Harloe  r.  Harloe,  172 
Harmer  v.  Harris,  127,  190 

—  V.  Priestley,  105,  230 


Harnett  v.  Vise,  102 
Harper,  J!e,  448,  457 

—  i:  Scrimgeour,  524 
Harpham  v.  Shaeklock,  145,  153 
Harries,  Re,  448 
Harrington  v.  Long,  395 

Harris,  £x parte.  In  /v  James,  144 

—  V.  Aaron,  146,  157 

—  V.  Hamlyn,  343 

—  V.  Harris,  103,  217 

—  V.  Hilliard,  47,  50 

—  V.  Petherick,  96,  102 

—  V.  llich,  196 

—  V.  Start,  440 

Harrison,  Re,  144,  451,  454,  455 
— 's  Estate,  Re,  303 

—  V.  Coppard,  264 

—  V.  Cormvall  Minerals  IJy.   Co.,    92, 
146 

—  V.  Harrison,  176,  188,  347 

—  V.  Leutner,  67,  75,  485 

—  i\  Pennell,  116 

—  ?'.  Wearing,  493 

Hart  r.  Spencer,  In   re  Spencer,    430, 

457 
Hartland  v.  Murrell,  550 
Hartmont  r.  Foster,  158 
Hartley,  Re,  459,  460,  506 
Harvey  v.  Hall,  530 

—  V.  Harvey,  183 

—  i\  Mayhew,  427 

—  V.  Mount,  385 

—  V.  Tebbutt,  227,  232 
Haslam  v.  O'Connor,  492,  496 
Hastings  v.  Jugges,  370 

—  (Corporation  of)  v.  I  vail,  141 
Hatch  L\  Searies,  192 
Hattield,  iic,  297 

Hatton  V.  Haywood,  518 
Hawke  v.  Kemp,  71 
Hawkins  v.  Gardiner,  86 

—  V.  Parsons,  245 
Hawks  V.  Hawks,  540 
Hay  V.  Bowen,  168 
— ■  V.  FaiT,  56 
Haycock's  Policy,  Re,  317 
Hayes  v.  Bailey,  253 
Hay  how  v.  George,  410 
Hayne  v.  Cavell,  500 
Haynes  v.  Ball,  534 

—  V.  Barton,  291 

—  V.  Cooper,  562,  568 
Hays  V.  Trotter,  506 

Hay  ton  v.  Kirby,  Kirby  v.  Carter,  571 
Hayward's  Estate,  Re,  284 
Headington's  Trust.s,  Re,  316 
Heap  V.  Jones,  402 
Heard  v.  Cuthbert,  327 
Hearn  v,  AV'ells,  396 


XXXll 


TABLE   OF   CASES. 


Heather,  R<;  432 
Heatly  i\  Newton,  119 
Heinrich,  The,  568 

—  i:  Sutton,  126 

—  r.  Sutton,  Re  Fiddev,  r>7-2 
Heighington  *•.  Grant,  129,  130,  ISl 
Heiron's  Estate,  Hi',   Hall  c.  Lev,  59, 

517 

—  V.  Hobson,  563 
Heining  i\  Leifcliil.l,  480 
—'s  Trusts,  He,  313,  314 
Hemming,  Ej:  parte,  456 

—  V.  Wilton,  427 
Henderson  v.  Atkins,  23 

—  r.  Dodds,  202 
Heneage  r.  Aikin,  69 
Hennet  v.  Luard,  77 
Henley  v.  Philips,  411 
Henniker  v.  Chafy,  291,  292,  294 
Henshall  i'.  Fereday,  385 
Hensnian  v.  Fryer,  176 
Hepworth  v.  Heslop,  199,  225 
Herbert  i:  Hedges,  243 

Held  r.  Lupton,  56 

Hereford  (Bishop  of)  i\  Adams,  206 

—  Waggon  Co.,  Re,  268 

Heritage,  Re,  Ke  iHirte  Docker,  453, 
460 

Herman  r.  Dunbar,  382' 

Hermitage  v.  Kili)in,  526 

Heme  Bay  Waterworks  Co.,  In  re,  71 

Hertford  (Borough  of)  r.  Toor  of  Hert- 
ford, 210 

—  Charities,  Re,  69 
Heseltine  r.  Simmons,  252 
Heslop  v.  Jletcalfe,  558 
Heugh  r.  Scard,  180 
Hew-ett  V.  Foster,  182,  408 
Hewison  r.  Kenniir,  56 
Hewitson  r.  Sherwiu,  525,  527 
Heywood  r.  (hazebrook,  188 
Hibberson  r.  Cooke,  63 

—  r.  Fielding,  214,  342 
Hide  r.  Haywood,  182 
Higginbottom  r.  Aynsley,  55,  80 
Higgins  V.  Frankis,  116 

Higgs  V.  Schroder,  572 
Hill  V.  Evans,  246 

—  V.  Fullbrook,  242 
_  V.  Gaunt,  83 

—  v.  Hibbit,  494 

—  V.  Magau,  396 

—  r.  Metropolitan  Asylums  Board, 
498 

—  r.  reel,  495,  503 

—  V.  Eatty,  169 

—  r.  Pieardon,  7 

Hill's  Executors  ?•.  iManagers  of  Metro- 
politan Asylum  District,  147 


Hilliard  i\  Fulford,  171,  184 
Hilton  r.  Lord  Granville,  10 

—  V.  AVoods,  395 
Hinckley  v.  Appleby,  124 

Hind  V.  Whitmore,  13,  47,  365,  537 

—  Re,  Ex  parte  Sharp,  526 
Hinde  V.  j\[orton,  57,  83 
Hinder  v.  Streeton,  262 
Hindle  r.  Taylor,  92 
Hinton,  Re,  439,  440 
Hiorus  I'.  Holtom,  116,  228 
Hirst  v.  Procter,  40 
Hitchens  v.  Tate,  430 
Hitchman  c.  Stewart,  110 
Hobhouse  v.  Hollconibe,  384 
Hobson  V.  Neale,  338 

—  I'.  Shearwood,  561 
— 's  Trusts,  In  re,  282 
Hoby  V.  Hitcheock,  8 
Hoddel  r.  Pugh,  263,  351 
Hodge,  Ex  2»(rte,  304 

Hodges  r.  Croydon  Canal  Co.,  231 

—  V.  Hodges,  28,  50,  93 

—  V.  Smith,  219 
Hodgson,  Re,  321 

■ —  V.  Hodgson,  515,  532 

—  V.  Shaw,  379 

—  V.  Smithson,  149 
Hodson  r.  Carter,  261 

—  c.  Cash,  126 
Hogan,  Re,  393 

—  V.  Morgan,  364 

Hoggart  V.  Cutts,  219,  220,  221 
Hoghton  V.  Hoghton,  120 
Holbrooke  v.  Cracrafr,  536 
Holcombe  r.  Trotter,  S3 
Holden,  Re,  290 
— 's  Case,  273  ' 

—  Estate,  Re,  302 

—  r.  P.urnell,  186 

—  V.  Holden,  373 

—  V.  Kynaston,  85,  86 

—  f.  Waterlow,  48 
Holditch  V.  Carter,  453 
Holford  r.  Phipps,  413 
Holgate  V.  Haworth,  170,  180 
Holkirk  r.  Holkirk,  75 
Holland,  Ex  jnirlc,  321) 

—  Re,  439,  440 

—  V.  Gwynne,  440 

—  r.  King,  377,  378 

i    HoUoway  r.  York,  60 
Holman's  Settlement,  Re,  311 
Llolmes  v.  Magrath,  434 

I    Holrovde  and  Smitli,  Re,  432 

I    Holt,  'in  re,  64,  529 

I    Hohvood  r.  Bailey,  256 

j    Holworthy  v.  Jlortlock,  563 
Holywell  (Rector  of),  Ex  parte,  287,  308 


TABLE    OF   CASES. 


XXXlll 


.  Home  Assurance  Association,  In  re,  IS, 
21,  268 

—  Investment  Socidy,  Er,  2r2,  ill 
Honiball  v.  Jiloomer,  246 

Hood  V.  Oglander,  251 

—  r.  riiillips,  87 

—  V.  Wilson,  202 
Hoole  v.  Roberts,  72 
Hooper,  Ex  yartr,  28i 

—  r.  Hooper,  181 
Hope,  Rr,  530,  566 

—  V.  Carnegie,  58,  158 

—  V.  Fox,  368 

—  r.  Lidtlell,  45,  551 
Hopewell  r.  Barnes,  522 
Hopkin  V.  Ollard,  29  • 
Hojikinson  r.  Ellis,  167 

—  V.  Roe,  405 

—  r.  Rolt,  151 

Horbury  Bridge  Coal  Co.,  Re,  269 
Hordern,  Ex  parte,  298 
Hore  V.  Smith,  291 
Horlock  V.  Priestly,  396 

—  I'.  Smith,  237,  456,  502 
Hornby  v.  Card  well,  120,  159 

—  V.  Matcham,  229 
Home,  £x2K(rfe,  222 

—  V.  Home,  202 

—  V.  Shepherd,  178,  555 
Horner  v.  Oyler,  577 
Horrocks  v.  Ledsani,  233 
Horsley  v.  Cox,  492 
Horsnail  r.  Bruce,  526 
Hosking  r.  Nicholls,  112,  360 
Hoskin's  Trusts,  In  re,  158,  315 
Hoskins  v.  Campbell,  195 
Hough  V.  Edwards,  521 

Househill  Coal  &  Iron  Co.  r.  Xeilson, 

154 
Houseman  v.  Houseman,  97,  185 
Hovey  v.  Blakeman,  405 
Howard,  Re,  435 

—  V.  Bank  of  England,  339 

—  r.  Easton,  179 

—  V.  Queen's  Trustees,  222 

—  V.  Rhodes,  415 
Howell  V.  Tyler,  502 
Howley  r.  Cook,  250 
Hubbard,  Re,  452,  454,  480 

—  V.  Latham,  189 
Hubbart  r.  Phillips,  88 
Hudson  V.  Bennett,  102 

Hue,  Ex  peirte,  Ex  parte  ^-aMovi,  278 

—  Re,  313 

Hughes  V.  Birkenhead  Commissioners, 
494 

—  I'.  Key,  124,  126,  403 

—  V.  Meyrick,  496,  503 

—  V.  Murray,  444,  447,  453 


Hughes  V.  Rogers,  561 

—  r.  Spittal,  42 

—  r.  Wynne,  379 
Huguenin  v.  Basclcv,  385 

Hull  and  County  Bank,  Re,  143,  267 
Hull  and  Sdby  Ry.  Co.,  Re,  286,  291 
Hull  Drajieiy  Co.,  Re,  270 
Humbcr  Iron  AVorksCo.,  Re,  266,  269 
Humphrey  v.  Grey,  99 

V.  Morse,  200 

Humphrys  r.  ]\Ioore,  6 
Hungerford's  Trusts,  Re,  284,  297 
Hunt  V.  Fownes,  236 
Hunter  r.  Daniel,  541 

—  v.  Pring,  384 
~  V.  Wortley,  540 
Huntingtower  (Lord)  r.  Sherborn,  84 
Hurle's  Settled  Estate.?,  Re,  331 
Hurst  V.  Hurst,  118 

—  V.  Pad  wick,  10 
Hussey  r.  Home  Payne,  144 
Hutchins  and  Romer,  Ex paric,  142 
Hutchinson  r.  Freeman,  189 

—  V.  Swift,  11 

— 's  Trusts,  Re,  319 
Hutton  r.  Sealy,  226 
Hyatt  !'.  Hyatt,  174 
Hyde,  Ex  parte,  283 

—  V.  Dallaway,  255 

—  I'.  Warren '  221 


I, 


Ilderton,  Re,  438 
Illingworth  v.  Nelson,  196 
Imperial  Assurance  Society,  Rr,  268 
Imjicrial  P>ank  of   China   r.    Bank    of 

Hindustan,  21 
Imperial  Land  Co.   of  Marseilles,  Re, 

45 
Imiierial  IMcrcantilc  Credit  Association, 

Re,  277 

—  Liquidators  of,  v.  Coleman,  386 
Incorporated   Law  Society,    Ex  parte. 

Re  Gray,  89 
Ingle,  7.V,  417,  427,  439,  440,  448 

—  V.  Partridge,  56 

Inglis  V.  Mansfield,  152,  160 

Ipstone  Park  Co.,  Re,  139 

Irby  r.  Irl>y,  128,  173 

Ireland  r.  Eade,  382 

Irlam  r.  Irlam,  469 

Irving  V.  Viana,  565 

Irwin  i'.  Rogers,  39' 

Isaac,  Re,  61 

Isaacs  Ex  parte,  In  re  Baum,  143 

Ivimey  v,  Marks,  434,  435 

Ivory,  In  re,  143 


XXXIV 


TABLE   OF   CASES. 


Jackman  r.  ]\Iitcliell,  109  ' 

Jackson  V.  Davoiipoit,  10 

—  V.  Ivimey,  81 

—  r.  Leaf,  193,  196 

—  V.  Mawby,  57,  'iS,  533 

—  r.  Korth  Eastern  Ky.  Co.,  S3 

—  r.  Pease,  177 

—  v.  Purnell,  81 

—  V.  AVoolley,  401 
Jacobs  v.  Hooper,  27 

James,  Lt  re,  Kc  pnrte  Harris,  144 

—  lie,  281,  447 
V.  Crow,  136 

—  V.  Dore,  373 

—  r.  Harding,  235 

—  V.  James,  198,  350 
_  V.  Riimsey,  229 
Jameson,  Ex  parte,  329 
Jamiesou  v.  Teague,  103 
Jarman,  Er  parte,  435,  443 

—  r.  Chattcrton,  15S 
^'s  Trusts,  In  re,  201 
Jeaffreson,  Ex  parte,  278 
Jcir  Davis,  The,  562 
Jeflersou  r.  AVarrin;;tnn,  437 
Jefferys  v.  ^Marshall,  163,  410 
Jeffreys  v.  Evans,  430,  547 

Jetii-ycs  v.  Agra  and  Mastermau's  Bank, 

114 
Jellicoe  v.  Price,  93,  164 
Jenkins  v.  Blake,  545 
_  V.  Fereday,  391 
—  r.  Sandys,  536 
— 's  Trusts,  Br,  318 
Jenner  v.  Maiiis,  45,  70,  539 
Jennings  r.  Johnson,  419,  422 
Jenour  v.  Jenour,  160,  169 
Jerdein  r.  Bright,  62,  87 
Jessop,  Re,  459,  461 
Jewitt,  Ec,  443 
Jej'es  V.  Jeyes,  566 
Job  V.  Bannister,  110 
Johnson  v.  Clarke,  115 

—  V.  Gallagher,  367  ^ 

—  r.  Gardiner,  345,  348 

—  r.  Ogilby,  395 

—  V.  "Woods,  167 
Johnston  r.  Todd,  97,  175 
Johnstone  r.  Cox,  1_59,  160,  224 

—  r.  Hamilton,  167 

Joint  Stock  Coal  Co.,  Re,  269 
Jolliffe,  Ex  parte,  305 

—  Re,  285 

—  V.  East,  165 

— 's  Estate,  Re,  299 
Jones,  Ex  parte,  68,  297 


Jones,  Re,  89,  239,  240,  289,  316,  321, 
326,  327,  395,  427,  432,  450,  451, 
461 

— ,  Ee,  Jones  r.  Caless,  176 

—  V.  Batten,  50 

—  c.  Brain,  195 

—  r.  Chennell,  Inrc  Chenncll,  6,  158, 
171,  398,  409 

—  V.  Charlemont,  Earl  of,  64 

—  V.  Ccxeter,  124 

—  r.  Farrell,  99,  114,  128 

—  r.  Fawcett,  13 

—  r.  Frost,  Re  Fiddev,  571,  572 

—  V.  Gilham,  219 

—  V.  How,  97 

—  r.  James,  442* 

—  r.  Jones,  194 

—  r.  Lewis,  263,  307,  352,  413 

—  V.  IMitchell,  167 

—  V.  I'owell,  354 

—  r.  Khind,  116 

—  V.  Kicketts,  106,  250 

—  V.  Roberts,  427 

—  r.  liobinsou,  240 

—  's  Settled  Estates,  Re,  286,  309,  497 

—  r.  Tinney,  85 

_  's  Trusts,  R(,  298 

—  V.  Welch.  245 

—  r.  "Williams,  523 

Jop])s  Case,  Re  Peninsular  Bank,  53 
Joseph  r.  Goodc,  189,  202 

—  Peace  &  Co. ,  Re,  272 
Joyce  r.  De  Moleyns,  188 
Judd  f.  Green,  24,  143 

—  r.  Plum,  577 
Julia  Fisher,  The,  20 
Jupp  V.  Cooper,  517 
Justice,  He,  432 


Kane  r.  Reynolds,  338 
Kanitz  !'.  Scarborough,  143 
Kathleen  Mavourneen,  Ee,  141 
Keane,  Re,  367,  568,  572 
Keegan  r.  Keegan,  7 
Kcene  v.  Ward,  434 
Kelly  V.  P.yles,  147,  498 

—  V.  Hodge,  140 

—  r.  Hooper,  103,  135 
Keniball  r.  Walduck,  81 
Kemj.  *•.  Burn.  163,  183 
Kendal  r.  Baron,  535 
Kendall  v.  Marsters,  51 
Kenebel  v.  Scrafton,  224 
l^ennaway  v.  Tripp,  8 
Kennedy  r.  Edwards,  23 


TABLE   OF   CASES. 


XXXV 


Kcnrick  r.  "Wood,  364,  4. SI 
Kensington,  Ijonl,  v.  ilelropolitan  Ry. 

Co.,  103 
Ker,  iJf,  432 
Keruot  r.  Critclilcy,  35 
Kerr  v.  Duclicss  of  JMiinster,  7 

—  V.  frillcspie,  13 
Kettlewell  r.  IJarstow,  553 
Kevan  v.  Crawford,  96,  369 
Keynsham  Co.,  7iV,  273 

Kidstone  v.  Empire  Insurance  Co.,  4S9 
Killing  ?'.  Killing,  533 
Killveiiny  Ily.  r.  Feilden,  7 
Kilmin.ster  r.  Noel,  70 
King,  Ec,  341 

—  V.  Bryant,  203 

—  '.s  College,  E.r parte,  305 

—  V.  Corke,  34 

—  V.  Hammett,  203 

—  of  Hanover  v.  Bank  of  England,  339 

—  r.  King,  61,  121,  148,  194,  258,  413, 
414 

—  V.  Sandeman,  52,  90 

—  V.  Savery,  468,  481 

—  V.  Smith,  239,  326 

—  V.  Taylor,  169 
Kingsman  v.  Kingsnian,  14,  361 
Kinneir,  Ilr,  451 

Kinsman  v.  Jack.son,  51 
Kintrea,  Et  pnrfr,  279 
Kirby  ;•.  Carter,  Hayton  r.  Kirliv,  571 

—  r.  Mash,  414 
Kirkham  v.  Smith,  228 
Kirknian  v.  ]>ooth,  405 
Kirkwood  r.  Welistcr,  491,.  497 
Kitchener  r.  Kitchener,  ISS,  33S 
Kitto  V.  Lnke,  174 

Kitten,  Jir,  438 

Knapman's  Estate,  T/i  re,  Knapman  v. 

Wreford,  170 
Knight  V.  Cory,  10,  11 

—  V.  Martin,  183,  412 

—  r.  Pursell,  130 

—  's  Trusts,  Me,  313,  315,  323 
Knockers,  Re,  461 

Knott  V.  Cottoe,  128,  408 
Knox  r.  ]5rown,  18,  77 

—  V.  Knox,  547 
Krehl  r.  Park,  9-;    476 
Kyna-ston  v.  Mackinder,  101 


L. 


L.,  falsely  called  H.,  v.  H.,  545,  547 
Laclilan  v.  Reynolds,  381 
Lafitte  &  Co., 7?)  re  Chas.,  42,  487,  492 
La  Grange  r,  McAndrew,  24,  81,  82 


Laing  v.  Zeden,  219 
Laird  v.  Tobin,  333 
Lake  r.  'Eastern  Counties  Fy.  Co.,  280, 

310 
Lake  Megantic,  The,  15 
Lainl)  V.  EaniPS,  52 
Lambe  v.  Fottrell,  11 
Lambert  i'.  Buckmaster,  557 

—  V.  Fisher,  100 

—  r.  Hill,  65 

—  r.  Peyton,  156 
Lambeth  Charities,  Ee,  212 
Lampert  r.  Larapert,  368 
Lancashire  i\  Lancashire,  70,  351,  414 
Lancashire   &    Yorkshire   Ry.    Co.    v. 

Evans,  77,  80,  110 

—  V.  Gidlow,  547 
Lancaster,  E;  14,  365 
Lancetield  ?'.  Iggulden,  192 

Land  Credit  Co.  r.  Lord  Fennoy,  509, 

515 
Land's  Trusts.  Ee,  303 
Landars  v.  Allen,  58,  63 
Landed  Estates  Co.  v.  Weeding,  135 
Laudell  v.  Baker,  240 
Lander  ;-.  Inger.soU,  359,  392 

—  V.  Parr.  8,  13 
Lane  v.  Glenny,  430 

—  V.  Sterne,  57,  384 

—  's  Trusts,  Ee,  317 
Langdale  v.  Langdale,  75 
Langford,  Ec,  329 

—  V.  ]\[ay,  45 

Langham  r.  (ireat  Northern  Ry.  Co.,  78 

—  Skating  Rink  Co.,  Ee,  268" 
Langley,  Rr  parte,  Ex  petrtc  Smith,  hi 

re  Bishop,  57 

—  V.  Fisher,  31,  106 
Langridge  v.  Campbell,  104 
Lann  v.  Church,  561 
Larkins  v.  Paxton,  203 
Latham  v.  Hyde,  427 
Lathropp's  Charity,  Ee,  287 
Latta,  Ee,   7,  17,  21 
Laugharne  Ry.  Co.,  Ec,  329 
Lauretta,  The,  146 
Laurie  v.  AVilson,  494 

Lautour  v.  Holcombe,  22,  23,  82,  536, 

537 
Laver  v.  Fielder,  108 
Law,  Ee,  440 

—  I'.  Rigby,  195 
Lawes  i'.  Gibson,  107 
Lawley  v.  Hooper,  227 
Lawrence  i'.  Bowie,  182,  406 

—  r.  Fletcher,  565 
Lawson,  Ex  parte,  282 

—  V.  Dickenson,  554 
Lawton  r,  Lawton,  193 

C  2 


XXXTl 


TABLE    OF   CASES. 


Lawton  r.  Price,  42,  149 

Lazarus,  Re,  319 

Leach  v.  Westall,  211  ' 

Leadbittcr,  Re.  463  ! 

Leader,  The,  5(32,  569 

Leah,  i.V.  551 

Leake's  Trusts,  Rv,  313,  318 

Leather  Cloth  Co.  v.  Araericau  Leather 

Chjth  Co.,  99,  108 
■ —  V.  Bressey,  35 
Lechiiiere  v.  Brasier,  381 

—  r.  Brazier,  203 
Lecky  r.  jMiuray,  216 

Lecocq  v.  South  Eastern  By.  Co.,  495 
Lee,  E.r  iKirtc,  558 

—  r.  Brown,  107 

—  Conservancy  Board  v.  Button,  498 

—  V.  Delane,  97 

—  V.  Hamraerton,  31 

—  %\  Nuttall,  144 
_  V.  Bain,  134 

— 's  Trusts,  Re,  328 
Leeilham  r.  Chawner,  400 
Leeds  Banking  Co.,  Re,  515 

—  V.  Lewis,  139 
Lees,  Re,  427^_459 

—  V.  Lees,  177 
Lef?g  V.  Mackrell,  402 
Legqe's  Estate,  Re,  294 
Leigh,  Re,  294,  305 

—  's  Estate,  Re,  300 
Leighton  k  Bennett,  In  re,  45 

—  V.  Leighton,  97 
Leman  v.  Alie,  349 
Leonard  r.  Attwell,  58 
Leslie's  Trusts,  Re,  328 
Lester  ?•.  Lazarus,  429 

Le  Texier  v.  Maigravine  of  Anspach,  385 

Lett,  Re,  438,  453,  481 

Levett  r.  Letteney,  59 

Levi  V.  Heritage,  81 

Levick,  Exiwrte,  272 

Lewes,  Re,  239,  324,  327 

—  Earl  of,  i-.  Barnett,  528 
Lewiu,  liV,  438 

—  V.  Guest,  254 

Lewisite,  i^.^;  ^^r^e  Munro,  418 

—  V.  AUenby,  350 

—  V.  Armstrong,  66 

—  V.  Boetefeur,  167 

—  r.  John,  227,  237 

—  V.  Lewis,  380 

—  r.  Loxham,  98,  253 

—  r.  Mattliews,  189 

—  r.  Primrose,  434 

—  V.  Smith,  49 

—  V.  Webber,  230 

Leyland  v.  lllingworth,  260,  378 
Liberia  (Republic  of )  r.  Koye,  63 


Lietch  and  Kewuey,  Re,  310 

Life  Association  of  Eughind,  /a,  273 

Lill  V.  Pvobinson,  103 

Lilley  %:  Medlicott,  412 

—  's  Trusts,  Re,  304,  485 
Lillie  V.  Legh,  108 

—  r.  Lillie,  9 
Lincoln  r.  AVindsor,  388 

Lind  r.  Isle  of  Wight  Ferry  Co.,  Ill 

Lindsay,  Re,  398 

Lindsey  r.  Tyrrell,  359 

Liuford  r.  Gudgeon,  578 

Lippard  v.  Kic-ketts,  539 

List's  Case,  59 

Lister  r.  Bell,  140 

—  r.  Leather,  77,  246 
Litchlield  v.  Brown,  254 
Lithgow,  Ex-  parte.  Re  Fentoii,  517 
Littlehales  v.  Gascoyne,  406 
Littlewood  r.  Collins,  71 

Liverpool  Improvement  Act,  Re,  285, 

310,  327 
--  kc.  By.  Co.,  AV,  305 
Livingstone  v.  Cooke,  534 
Llanover  r.  Homfray,  Phillips  r.  Llan- 

over,  158 
Lloyd  r.  Cocker,  92 

—  V.  Dimmack,  83 

—  r.  Jones,  571 

• —  V.  ]\Iackworth,  122 

—  I'.  Makcani,  17 

—  r.  Mason,  564,  565 

—  V.  Solicitors  &  General  Life  Assur- 
ance Co.,  63 

—  r.  Spillet,  411 
Lock  r.  Bronrley,  342 

—  r.  Lonias,  116 
Lockett  V.  Carv,  45,  551 

,    Lockhart  r.  Hardv,  178,  438 

—  V.  Eeilly,  407 

I  Lodge  r.  Pntchard,  398,  412 
Loftus  T.  Swift,  223,  227,  230 
Lomax,  Re,  305 

Lombard  Deposit  Bank,  Re  The,  273 
London  Assurance  Co.  r.  Hankey,  215 

—  &c.  Co.  r.  Elworthy,  56 

—  &  Australian  Agency  Co.,  Re,  269 

—  Bank   of    Australia   r.    Lempriere, 
106 

—  Bishop  of,  E-x  parte,  161,  289,  299, 
300 

—  &  Birmingham  By.   Co.,  Re,  498, 
499 

—  Birmingham,  .'ic  Bucks  By.  Act,  Re, 
481 

London  &  Blackwall  Bv.  Co.  v.  Limehouse 
Board  of  Works,  65,  70 

—  &  Brighton  By.  Co.  v.  The  Shrop- 
shire Rv.  Co.,  300 


'I'ABI.K    OF    CASES. 


XXXYU 


I.oiidoii  vi;:  |jrit,'Iiton,  ki\,  Wv.  ''<i.,  A'/', 
287,  :}00,  :]iir) 

—  Chatham,    it    Dover    Ry.    Co.,    A'r 
parte,  ;3]  1 

—  (Corporation  of),  Ec pttrte,  .'JOl 

—  Miuiiie  liisiiraiKie  Association,  Re, 
274 

—  Peniiauoiit  i>eiii'lill')uihlii)g Society. 
Rr,  -2(5  (J 

—  k  Provincial  IJank  c.  liogle,  ."JOG 

—  &    St.    Katlu'riiic's    Docks    Co.    v. 
Metropolitan  lly.  Co.,  40 

—  k  South  Western  Rv.  Co.,  Rr  ]h'rl\ 
295 

—  &  Southwestern  liy.Co.  's  Act,  /^^ 239 

—  &  South  Western  ky.  Co.  v.  Bridger, 
262,  285 

—  &  South  Westi-ru  Ry.  Co.  v.  James, 
110 

—  &  Suburban  Bank,  Re,  26(i,  2fj9 
Lonergan  v.  Itokeby,  8 

Loug  V.  Collier,  256 

—  V.  Crossley,  34 

—  V.  Storie,  537 

Long's  Estate,  Re,  288,  291,  294 
Longinotto  v.  M(jrss,  261 
Longman  v.  Harliam,  79 
Loiiguet  V.  Hockley,  200,  323 
Longworth's  Estate,  Re,  284 
Lonsdale  v.  IJerchthold,  168 
Loomes  v.  Stotherd,  178 
Lord  V.  Kellett,  89 

—  r.  Loi'd,  108,  169 

—  ('.  Wormleightou,  557 
Lorimer,  Re,  321 

—  r.  Lorinier,  537 
Loughborough,  Re,  427,  455,  456 
Loughton,  Ex  parte  Hector  of,  307 
Lovat  v.  Duke  of  Leeds,  331 

—  V.  Fraser,  173 

Loveband's  Settled  Estates,  Re,  304 
Lovell  V.  Galloway,  215 

—  V.  Yates,  54 
Low  V.  Carter,  179 
Lowe's  Case,  279 
Lowndes  v.  Davies,  563 

—  V.  Koliiuson,  22 
Lowry's  AVill,  Re,  286 
Lows,  E.e parte,  136,  147 
Lowson  ('.  Copeland,  414 
Lucau  (Lord)  v.  Latouche,  9 
Lucas  V.  Calcraft,  217 

—  r.  Peacock,  491,  492,  495,  561 

—  V.  Roberts,  433 

—  V.  Siggers,  60 

Luckcratt  c.  Pridham,  16 J,  167,  176 
Lumley  y.  Hughes,  10 
Luscoinbe  v.  Callaglian,  219 
Lutsclier,  In  re,  Ea  parte  Waddell,  45 


Lu.xton  e.  Stephens,  349 

l-Vall  r.  Weldhen,  59 

Lvdall  r.  iMartinson,  34,  90 

Ly.Idon  c.  Moss,  430,  550 

Lye's  Estates,  Re,  289,  29!t 

Lyle  V  Lord  Yarborough,  255,  256,  260 

—  V.  Scarth,  230 

Lyiie  e.  l^yne,  242 

Lynn  i\  Peaver,  97 

Lyon  r.  Haluu-,  387 

iivse  c.  Kingdon,  183,  414 


M. 


M.  In  re,  533 
ALicarthy  v.  ]\Iacarthy,  168 
JIacartney  v.  Graham,  94,  110 
Macdonald's  Will,  Re,  307 
Macgregorr.  Keily,  429 

—  V.  Shaw,  19 
Mackay  v.  Douglas,  397 
Mackenzie  v.  Taylor,  171,  354,  355 
Maekersy  v.  Ramsay s,  154 
Mackinlay,  Re,  199 

Mackley  r.  Chillingworth,  488 
Mackrellv.  Hunt,\>16,  264,  381 
Maclean,  Re,  316 
Macneal  v.  Eiggart,  15 
Macrae  v.  Ellerton,  197,  225 
Macyntiro  i'.  Council,  26 
McAndrew  v.  Passett,  103,  106 
McAulay  v.  xVdani,  160 
McCarthy  v.  (lould,  520 
McHenry  v.  Davies,  362 
Mclver's  Claim,  280 
McKewau  c.  Sanderson,  62 
McLaren  v.  Home,  487,  503 
]McMahon  v.  Purchell,  155 

—  V.  Leonard,  156 

!    McNaughtan  i\  llasker,  78 

I    McNichol  V.  Kav,  256 

I    McQueen  i\  Farquhar,  114,  251,  25/ 
McVeagh,  Re,  328 
Maddison  v.  Chapman,  175 

—  V.  Pyp,  176 

Madrid  Bank  v.  Pelly,  272 
Magennis  v.  Fallon,  381 
Major  V.  Aruott,  13 

—  V.  Major,  69,  178 

Malcolm  i'.  O'Callaghan,  382,  383 

—  r.  Scott,  120 
Maiden  v.  Fyson,  253 
Maling  r.  Hill,  114,  251 
Malins  v.  Greenway,  87,  401,  541 

—  r.  Price,  99,  498 
Mallorie's  Case,  278 
Man  V.  Rieketts,  347,  545 


•XXXYlll 


TABLE   OF    CASES. 


Manchester  (Dean  and  Canons  of),  Ex 

parte,  289,  299 
Manchester  Burial  Beard,  Kc  parte,  299 
Manchester  &  Leeds  Ry.  Co.,  lie,  485 

—  k  Sonthpovt  Ey.  Co.,  lie,  286 
Mandeno  r.  Maudeno,  177 
Mander,  He,  437,  Hi 

Mann  v.  Harbord,  488 

—  V.  King,  40 

—  V.  Perry,  529 
Manning  r.  Glyn,  429 
Manson  r.  Baillie,  3S8 

—  V.  Burton,  84,  342 
Mant  V.  Smith,  429 
Manton  r.  Roe,  75,  85 
Maplcson  v.  Masini,  19 

Marbella  Iron  Co.   v.  Allen,  157,  396, 

545 
Marcus  v.  General  Steam  Navigation 

Co.,  499 
Mare  v.  Lewis,  "394 
Margravine  of  Anspacli  r.  Noel,  257 
^Laries  v.  Alaiies,  87 
Marino  Investment  Co.,  7?c,  277 

—  Mansions  Co.,  Jie,  274 
Mark's  Trusts,  Jlc,  289 
Markwick  v.  Pawson,  48 
Marlborough  Club  Co.,   He,  266,  267, 

268 
Marner's  Trusts,  He,  322,  331 
Marriott  i:  Marriott,  38,  61,  348 
Marris  v.  Ingram,  526 
Marron  Paper  Co.,  Ee,  269 
Marrow,  He,  239,  326 
Marryatt  v.  Bank  of  England,  339 
Marsack  v.  Reeves,  49,  248 
^tarsden  v.  Lancashire  &  Yorkshire  Ry. 

Co.,  101 
Marsh  v.  Dunlop,  119 

—  's  Case,  275 
Marshall,  ^i'i^rt We,  286,  290 

— ,  He,  Bowyer  v.  Marshall,  137 

—  V.  Berridge,  145 

—  V.  Bremner,  171 

—  V.  Grime,  92.  177 

—  r.  Holloway,  390 

—  V.  Sladden,  386,  410,  415 

—  v.  Smith,  218 

Martnuo  r.  Mann,  14,  20,  361 
Jilartin.  Ex  xxirte,  329 

—  V.  Maugham,  190 

—  V.  Persse,  402 

—  V.  Pvcroft,  45 

—  l:  Whitmore,  372 
Martindale  v.  Falkner,  434 

—  V.  Lawsou,  87 
Martineau  i'.  Rogers,  169 
Marwick,  Ex  parte.  Re  Story,  464 
^laiyLdione  Imjirovement  Act,  He,  283 
Maryport  k  Carlisle  Ry.  Co..  Hi',  300 


Mash,  He,  451,  454 
Mason  v.  Bogg,  198 

—  V.  Brentini,  131,  492 

—  r.  Franklin,  91 

—  c.  Hamilton,  219 

—  and  Taylor,  In  re,  555 

—  's  Trusts,  He,  322 

—  's  Trust  Estate,  He,  289 
Massev,  Re,  270,  271,  457,  461 

—  i:  Allen,  21 

—  l:  ilassey.  181 

—  r.  Moss,  "188 
Masters,  Exjmrte,  144 
Mathew  r.  Mathew,  194 
]\Iathews  v.  Chichester,  10 
Matthew  r.  Northern  Assurance  Co.,  317 
Matthison  r.  Clarke,  387,  405 
Mavor  r.  Dry,  35 

Maw  V.  Marsden,  54 

—  V.  Pearson,  479 
Maxwell  r.  ]\laxsvell,  153 

—  r.  AVightwick,  117 
May,  He,  431,  442 

—  V.  Armstrong,  410 

—  r.  Biggenden,  162,  506 

—  's  Case,  272 
Mayd  r.  Field,  173 

ilaVhew,  In  re,  Rowles  v.  Mayhew,  178 

—  He,  555 

JIayne  v.  Hawkey,  558 
Iilcacham  r.  Cooper,  54 
Meader  v.  McCready,  94 
Meiklam  v.  Elmore,  84 
Meldrum  v.  Hayes,  125 
Melling  v.  Bird,"  291,  293 

—  r.  Melling,  359 
Mellish  r.  Brooks,  90 
Melward's  Devisees,  Ex  parte,  288 
Memorandum  (10  Ch.  540),  492 

—  (1  Ch.  D.  411,  144 

—  (W.  N.  (1880),  7),  437 
Menteath  v.  Campbell,  173 
Menzies  v.  Connor,  160,  194,  196 
Mercer  r.  Graves,  133,  564 

—  V.  Lawrence,  513 

—  's  Company,  Ex  parte,  2,  265,  304 
Merceron,  Re]  303,  304 

Merchant  Banking  Co.,  v.  ^laud,  493 

—  Tailors'  Co..  i^V,  307 
Meredytli  v.  Hughes,  121,  122,  476 
^Merlin  v.  Blagravo,  97 
Merrewetlier  r.  Melli.sh,  557 
Merriuian  v.  Bonney,  236,  237,  238 
Merrv  r.  Nickalls,  53,  54,  505 
Merton  College  ,He,  161,  300 
Messenger,  Inr\  Ex  parte  C-A\KC\-i,  552, 

5p5,  557 
Metcalfe,  i.V,  315  505 

—  V.  Ikckwith    ?4  4 
Mctford,  He,  30 


TABLE   OF   CAIsES. 


XXXIX 


Metropolitan  Asyliiiu  District  v.  Hill, 

160 
^Metropolitan  Ry.  Co.,  Kj- parte,  29-t,  403 

—  Ky.  Co.  V.  Jackson,  15-t 

—  Ry.  Co.  r.  Sliarpe,  96 

—  Ry.  Co.  and  JIaire,  In  ir,  299,  306 
Metzlcr  ?'.  Wood,  129 

ileux  c.  Bell,  218 

Meymott  v.  Aleyniott,  488,  497 

Meyrick  r.  James,  61 

—  V.  Wliishaw,  99 
Michel  V.  IkiUeu,  122 
Mickeltliwaite  r.  Fletcher,   533 
Jliddle  Level  Drainage  and  Navigatiun 

Commissioners,  Ri',  298 
]\[iddleton  v.  Middleton,  348 
Midland  Counties  Rj'.  Co.  r.  (,'aldeeott, 

285 

—  r.  Westcomb,  261,  285 
Midland  Ry.  Co.,  lie,  298 

—  V.  Brown,  492 

Midleton  (Loid)  v.  Eliot,  228,  238 

—  Re,  Thompson  v.  Harris,  175 
Mildnmy  v.  Quicke,  72,  125,  241,  573 
Miles  V.  Harrison,  172 

Military  Tailoring  Co.,  Re,  267 
Millard  v.  Biuroughes,  492,  501 

—  V.  Magor,  236,  238 
Miller  v.  Hales,  22 

—  V.  Marriott,  241 

—  r.  Jliller,  362,  520 

—  V.  Priddin,  523 
Millington  v.  Fox,  95,  105 
Mills  V.  Barlow,  369 

—  r.  Dudgeon,  83 

—  V.  Farmer,  206,  337 
Milne  r.  Milne,  362 
Milnes,  Re,  293 
printer,  Ue,  54 
^[irehouse  v.  Herbert,  184 
Mitchell,  Rv,  139 

—  r.  Cobb,  313 

—  r.  Condy,  146 

—  r.  Newell,  303 
Mobbs,  Ef  parte,  438 
Mocatta  v.  Mirgatroyd,  223 
Moet  V.  Coustou,  103 

—  V.  Pickering,  118,  123 
Moggridge  r.  Tliackwell,  206,  337 
ilohuu  i'.  j\Iohun,  399 

Moir  I'.  Mudie,  558 
Molesworth  r.  Robbins,  551,  554 
Moloney  r.  vSmith,  7 
:Molyncux,  Ex  park,  302,  303 

—  //(  re,  Piml)le)''  v.  Molyueux,  194 
Monck  V.  Earl  of  Tankerville,  35 
Money,  Re,  373 

Monk's   (Bishop)    Horfield   Trust,    E.e 
parte  Trustees  of,  303 


]\Ionro  r.  Taylor,  255 
Monteitli  r.  Taylor,  81 
Montelhmo  (Duke  of )  r.  Christin,  10 
Montgomerie  c.  Calland,  230 
Montgomeiy,  Re,  383 
Monyiienny  c.  j\lonypenuy,  151 
Moone  c.  Rose,  534 
Moore,  E.f  parte,  368 

—  V.  Clench,  210 

—  V.  Dixon,  178 

—  v.  Frowd,  386,  389 

—  V.  Moore,  59,  3G4,  535 

—  r.  Smith,  484 
Morduc  V.  Palmei-,  96 
Morgan  c.  Bruen,  109 

—  r.  Croiwpton,  352^  357 

—  V.  Klford,  53,  509 

—  V.  Elstob,  192 

—  V.  Evans,  154,  157 

—  V.  Great  Eastern  Ry.  Co.,  78,  135 

—  r.  Higgins,  430 

—  V.  Jlorgan,  343 

—  r.  Ruddock,  430 

IMorison  v.  Morison,  53,  178,  382,  400 
iMorley  v.  liridges,  230,  238 
Mornington  v.  Wellesley,  562,  565 
Morony  c.  O'Dea,  232 
Morrell  v.  Cowan,  362 

—  V.  Fisher,  172 
Morris,  Re,  460 

—  Ex  parte,  288 

—  's  Case,  275 

• —  V.  Debenham.  251 

—  V.  Francis,  572 

—  c.  Freeman,  265,  361,  362 

—  V.  Simmons,  129 

—  V.  Smith.  531 

—  's  Settled  Estates,  Re,  297 

—  V.  Timmins,  241 
^iorrisun.  Ex  parte,  562 
Morshead  v.  Reynolds,  273 
ilortimer.  Re,  480,  503 

—  V.  Eraser,  26 

—  V.  Hartley,  31 

—  V.  Orchard,  259 

—  r.  Pictou,  403 

—  V.  West,  356 
Mortimore  v.  Cragg,  516 

—  r.  Alortimore,  92 
M.ortlock  V.  Mortlock,  89 

JIoscow     Gas     Co.     v.     International 

Financial  Society,  16,  19 
Moseley  v.  Virgin,  109 
Mosely,  Re,  450,  554 
Mosley  r.  Ward,  181 
Moss,  Re,  439,  440,  557 
— ,  Ex  parte,  222 
]\Iostyn  r.  Emanuel,  399 
Motion  V,  King,  84 


xl 


TABLE    OF   CA8ES. 


Jlotiou  r.  Moojin,  28 
Motteiix  i:  ilackreth,  17 
Mounspy  ?•.  Burnhani,  35,  113 
—  1'.  Earl  of  Lonsdale,  48,  f.l 
^loiintaiii  V.  Young,  319 
Mousley  r.  Carr,  409 
Move  V.  Sparrow,  123 
JVlozley  V.  Cowie,  90.  163 
Mullings  V.  Triniler,  252 
]\Iullins  i:  Hussey,  380 
IVIundy  v.  Miindy,  217 
Miinro,  Ex2}a/rtc,  Re  Lewis,  418 
I\Iuutou's  Trnsts,  lie,  322 
]\Iurdin  r.  Patey,  262 
Murphy  v.  Conway,  156 

—  V.  Nolan,  488,  501 

—  V.  Osborne,  337 

—  V.  O'Shea,  402 
Murray  v.  Barlee,  367,  437 

—  V.  Bush,  152 
Mnrrell  v.  Claphain,  12 

—  V.  Goodyear,  255 
Musgrave,  Ex  2>nrte,  490 

—  ,  Be,  303 

—  and  Hart's  Case,  277,  279 
Musson  r.  Hackett,  188 
JVIutlowv.  Mutlow,  173,  321 
JIutual    Society,     lie,     Grimwade    v. 

Mutual  Society,  278 
Myers  r.  Defries,  Siddons  i\  Lawrence, 

101,  102 
Myun  V.  Hart,  18 


N. 


Naersnoss  Shipping  v.  Royal  Mail  Co., 

141 
Nalder  v.  Hawkins,  12 
Nalty  V.  Aylett,  He  Thompson,  533 
Nash,  Mr,  297 

—  V.  Dickenson,  516 

—  V.  Dillon,  401 

—  1!.  Howell,  406 
Nash's  Estate,  Me,  286 

Nathan,    In  re,  Ex  parte   Stapleton, 

144 
National  Bank  of  Australasia  o^.  United, 

&c.,  Co.,  227 

—  I'olivian  Navigation  Co.  v.  Wilson, 
153 

—  Insurance    Co.     v.     Prudential    As- 
surance Co.,  114 

—  Savings  Bank  Association,  He,  270 
Nation's  Case,  278 

Neachell's  Trusts,  He,  302 
Neale  i'.. Clarke,  131 
Ncate,  Ite,  451,  454 


Neath  &  Brecon  Ry.  Co.,  lie,  286,  311 
Needhani  v.  Neodhani.  534 

—  V.  Oxley,  246 
Neera,  The,  494 
Neihson  r.  Betts,  153,  155 
Nelson  (Earl)  v.  Lord  Bridport,  114 
Nene  Valley  Commissioners  v.  Dunkley, 

255,  258 
Nesbitt,  Ex  parte,  b'.>l 

—  V.  Berridge,  28,  105 
Nevill  V.  Snelling,  250 
New  V.  Jones,  386 
Newall  v.  Smith,  255 
Newbegin  v.  Bell,  200,  201 
Newbiggin-by-the-Sea  Gas  Co.  r.  Ann- 

strong,  86 
Newbury  v.  Marten,  343 
New  Brunswick,  &c.,  Co.  v.  Conybcaro, 

106 

—  Gas  Co.,  Re,  266 

Newington   Local  Board  v,   Eldridge, 

552   557 
Newman,  Re,  417,  448,  449,  450,  451, 

461 

—  Re,  Ex  parte  Brooke,  510 

—  V.  Hatch,  201,  202 
Newton,  Ex  parte,  305 

—  r.  Ben  net,  181 

—  V.  Cliorlton,  60 

—  r.  Earl  of  Eguiont,  27 

—  i7.  Hunt,  248 

—  V.  Lucas,  349 

—  V.  Kicketts,  54,  56,  321,  437,  532 

—  V.  Taylor,  245 

—  and  Wife  v.  Boodle,  362,  480 
Nicholas  Brooking's  Devisees,  Re,  290 
Nicholl,  Ex  parte,  548 

Nicholls  V.  ELford,  78 

—  's  Trust  Estates,  Re,  306 
Nichols  i\  Haslam,  491,  494 
Nicholson,  Re,  445,  446,  477 

—  V.  Falkiner,  401 

—  V.  Jeyes,  497 

—  V.  Norton,  190,  563,  564 
Nicloson  V.  Wordsworth,  253 
NicoU's  Estates,  Re,  401 
Noble  V.  Brett,  182 

—  V.  Garland,  215 

—  r.  Meymott,  179,  180 

—  r.  Stow,  69,  379 
Nock  V.  Nock,  296 
Noel  v.  Noel,  14,  361 
Nokcs  V.  Gibbon,  42,  43,  46 

—  V.  Warton,  451,  452,  456 
Norcop's  Will,  Re,  290 
Norcutt  I.'.  Dodd,  397 

Norfolk  (Duke  of)  v.  Arbuthnot,  577 
Norfolk's  Estates  (Duke  of),  Re,  285 
Norman,  In  re,  18,  22 


TABLE   OF   CASES. 


xli 


Norman  /'.  Johnson,  96 

Norris  r.  Loni'vo,  244 

North  r.  (It.  Nortliorn  l!y.  Co.,  78 

—  i\  Gnrney,  122 

N.  E.  Uy.  Co.  r.  Jackson,  492 
Nortliiunpton    Coal    Co,    r.     JliJluml 

Waf^gon  Co.,  16 
Northtleet  Uric.k  Co.,  Jic,  269 
Norton  v.  Cooper,  87,  160,  164,  223 

—  Iron  Co.,  lie,  269 

—  V.  L.  &  N.  W.  Ey.  Co.,  r>2,  148 

—  V.  llussell,  245 

—  V.  White,  84 
Norvall,  lie,  549 

Norway  r.  Norway,  325,  402 

—  V.  liowe,  485 

Norwich  l>iiil(ling  Society,  lir,  63 
Notley  r.  Pahner,  290 
Nottidge  V.  Pricliard,  150 
Nourse  v.  Finch,  165 
Nowell  V.  Wliitaker,  374 
Nunn  V.  D'Albuqnerque,  247 

—  V.  Fabian,  259 
Nurse  o.  Durnford,  86 
Nye  V.  Maule,  124 


0. 


Oakesand  Peake,  Ej-  parte,  278,  280 

Oakes  v.  Tnnpiand,  47 

Oakwell  Collieries,  Jn  re,  147 

Oats  V.  Chapman,  31 

O'Brien  v.  Lewis,  430,  457,  564 

O'Callaghan  v.  Cooper,  406 

O'Conner  r.  Sierra  Nevada  Co.,  8,  10, 

24 
O'Deav.  O'Dea,  557 
Official   Li(iuidators   of  Southampton, 

&c.,  V.  Kawlings,  16 
—     —  ,  &c.,  V.  Pinnock,  17 
Ogborne  v.  Bartlett,  22 
Ogle  V.  Story,  554 
Ohrly  r.  Jenkins,  115 
Olaf,  The  St.,  74 

01dale^•.Whitcher  or  Whitehead,  10,  11 
Oldfield  V.  Cobbett,  372,  534,  537 
Oldham's  Estate,  Re,  296 
Olivant  v.  Wright,  144 
Oliver,  Re.,  427 
O'Malley  v.  Please,  403 
Omnianev,  Ex  parte,  239,  326 
O'Neill  r!"  Innes,  229 
Onge  V.  Truolock,  537 
Orange  v.  Pick  ford,  368 
Orford  (Earl  of ),  v.  Churchill,  3G0 
Orgill's  Ca.se,  272 
Orient,  The,  Yeo  v.  Tatem,  160 


Oriental  Commercial  Bank,  lie,  266 

—  Hotels  Co.,  Re,  274 
O'Riordan  c.  Riordan,  393 
Orn)sl)v,  Re,  383 
O'Rorke  r.  Pcdingliroke,  154 
Orr  ('.  Diaper,  214 

—  Ewing  k  Co.'s  Trade  Marks,  /.*.■,  69 

—  I'lwiiig  7'.  Ciiliinhoiin,  154 

—  ('.  Johnston  c't  Co.,  499 
Orrell  r.  lUisch,  59 

—  Colliery  Co.,  Re,  536 
Osbaldiston,  Ex  parte.,  304 
Osborn  r.  Osborn,  241,  378 
Osborne,  Re,  427 

— 's  Estate^,  Re,  298 

—  V.  Denne,  207,  353 

—  V.  Harvey,  91 

—  to  Rowlett,  251,  330 
Ottaway  v.  Hamilton,  368 
Ottley -y.  (Jllby,  204 
Otto  V.  Lindford,  510 
Owen  V.  Grifhth,  160,  223 

—  V.  Henshaw,  572 

—  V.  L.  &  N.  W.  Ry.  Co.,  479 

—  V.  Pritchard,  529 
Owens  i'.  Emmens,  40 
Owen's  Wheel  Co.,  269 


Paciii(>.  Steam  Co.  r.  Giblts,  17 
Packman  and  Moss,  Re,  330 
Packwood  v.  Maddison,  195,  196 
Paddon  v.  Winch,  480 
Paddon  s  Trusts,  Re,  307 
Page,  Ex.  parte,  382 

—  Re,  442,  497 

—  V.  Page,  14,  365 

Paice  V.  Archbishop  of  Canterbury,  16/ 
Paine  and  Layton,  Ex  2iartc,  Re  South 

Essex  Co.,  558 
Painter,  Ex  parte,  324 
Palairet  v.  Carew,  410 
Palmer,  Ex  parte,  284 

—  V.  Jones,  174,  353 

—  V.  Perry,  121 

—  V.  Walesby,  87,  160,  354 
Palmerston  (Lord),  Ex  parte,  304 
Pannellt'.  Hurley,  112,  118,  341 
Panton  i\  Labertouclie,  22 
Papa  de  Rossie,  The,  394 
Paradice  v.  Sheppard,  372 
Parby,  Re,  324 

Parker  v.  Dunn,  382 
— 's  Estate,  J!e,  289 

—  r.  Gerard,  244 

—  V.  Lewis,  Gray  v.  Lewis,  107,  108 


xlii 


TABLE    OF   CASES. 


Parker  v.  McKt'ini;i,  I117 

—  r.  Morrell,  lOD 

—  r.  Simpson,  536 

—  v.  Watkiiis,  236,  237 
Parkes  v.  Stevens,  247 

Parkinson  v.  Chambers,  365,  372,  375 

—  r.  Haubury,  76,  374,  37j),  489 
Parr  r.  Lovcgrove,  109,  257 
Parrott  i'.  Randall,  369 

Parry,  llr,  320 

—  r.  Juxon,  369 

Parsons  v.  Spooner,  400,  414 

—  (.•.  Tiuling,  2 
Part's  Case,  278 
Partington  r.  Baillie,  56 

—  V.  Peynolds,  18,  338 

—  's  Trusts,  i.V,  287 
Pashler  v.  Vim-ent,  529 
Pasitliea,  The,  111 
Pasmore,  In  re,  18,  21 
Patch  V.  "Ward,  95 
Patching  i'.  Barnett,  172,  175 
Patent  Cocoa  Fibre  Co.,  Re,  268 
Patersou  v.  Paterson,  293 

—  V.  Provost,  &c.,  of  St.  Andrews,  153 
Patterson  v.  Wooler,  46,  55,  410 
Pattisou's  Estate,  lie,  295,  306 
Pattison  v.  Graham,  334 

PauU  r.  Mortimer,  184 
Paxton  1-.  P>ell,  20 

—  r.  Douglas,  193 
Payne  r.  Dicker,  28 

—  V.  Evens,  164,  409 

—  V.  Little,  13,  404 

—  r.  Parker,  408 
Paynter  r.  Carew,  85,  102 
Peace  (Joseph),  &  Co.,  lie,  272 
Peach,  lie,  444 

Peacock  v.  Evans,  248 

—  Ee  parte,  lie  Duffield,  510 
Pearce  c.  Lindsay,  491 

—  V.  Kewlyn,  107 

—  V.  Pearce,  76,  354 

—  V.  Eadclyffe,  In  re  Radclytfe,  181 

—  r.  "Watkius,  118 

—  r.  AVatts,  112 
Pearse,  E.C2>cirte,  324 

—  r.  Cole,  61,  391 

—  V.  Green,  163 

—  V.  Pearse,  37,  368 

Pearson  i:  Bank  of  England,  339 

—  r.  Belcher,  76,  375 

—  r.  Pearson,  165 

•  Peasnall  r.  Coultart,  54 
Peatiield  v.  P>arlow,  560 

—  V.  Benn,  410 
Peck  r.  Ijeechcy,  124 
Peers,  Ee,  507 

—  c.  Ccelev,  2J7 


Peers  v.  Sneyd,  2k5,  378 
Peile,  lie.  Shea  v.  Boschetti,  507 
IVlly  r.  Wathen,  228,  552,  554,  559 
Pemberton.  Ex  parte,  457.  551 

—  r.  McGill,  362 

—  ?'.  Topham,  85 
Penfold  V.  liouoh,  414 

Pender,  Be,  428,  434,  438,  443,  496 
Peninsular  Banking  Co.,  lie,  273 

—  ]5ank.  Re,  Jopp's  Case,  53 
Penu  V.  Bibby,  247 
Pennell  v.  Boy,  54,  57 
Pennington  r.  Alvin,  12,  365 

—  V.  Buckley,  169 
Penny  v.  Beavau,  85 

—  V.  Penny,  172 
Perceval  v.  Perceval,  187 
Percy  Nickel  Co.,  In  re,  19 
Perishal  v.  Stpiire,  124 
Perkin  v.  Stafford,  115 
Perkins,  Re,  438 

—  r.  Bradley,  227,  337 

—  c.  Ede,  380 

—  r.  Hanioud,  360 

Perpetual,    &c.,    Soeietv    r.    Gillespie, 

112 
Perrot  v.  Xovelli,  9 
Perry  r.  ]Meddo\vcroft,  179 

—  V.  Shipwa}-,  113 

—  V.  Walker,  372,  373,  374 
Peter  r.  Nicolls,  257 
Pettifs  Estate,  Re,  334 
Phelp  V.  Amcotts,  385 
Philanthropic  Society  c.  Hobson,  168 
Philby  r.  Hazle,  434 

Philipps  v.  Philipps,  476 
Phillips,  E;e parte,  297 
— ,  //(  re,  239 
Philli[iine,  The,  572 
Phillipson  c.  Gibbon,  254,  256 
Pliilp,  Re,  439 

Philpott  c.  St.  George's  Hospital,  165 
Philpotts,  li',  450 
Phipps  V.  Daubney,  428 
Phcenix  Life  Assurance  Co.,   Re,  280, 
391,  555 

Phospho-Guano  Co.  v.  Guild,  63 

Phosphate  Sewage   Co.    r.    llaitmont, 
143,  385,  528^ 

Picard  V.  Iline,  13 

—  r.  Mitchell,  292 

Pick,  lie,  299 

Pickett  r.  Loggon,  536 

Pickford  r.  Brown,  175 

Picton's  Estate,  lie,  291 

Piers  V.  Cawse,  370 

Piety  v.  Stace,  406 

Pigot  V.  Cadman,  435 

Pike  r.  Fitzgibbon,  367 


TABLE   OF   CASES. 


xliii 


Pilehcr  v.  Ai'il^'ii,  AV  Hiook,   iijtj,   otJ8, 

561),  !>7-i 
rilgiim  ('.  IliisuhfelJ,  i-ii 
riuoe  V.  liuattie,  390 
Piuchard  v.  Fellows,  197 
I'iulbld  i\  riiitbld,  70,  81 
I'iiikertou  c.  Eastoii,  57'2 
V'nuicv  V.  Knights,  87 
Pipur  c.  Piper,  529 
Pitt  r.  lioiiuer,  122 

—  1'.  Pitt,  305 

Pitts  V.   Kiiigsbmlge  Iligliway   Buaid, 
103 

—  1'.  La  Fontaine,  390 
Plating  Co.  v.  Fan^uliarson,  58 
Player  r.  Anderson,  1 1 
Playlbrd  v.  lloare,  252 
Pledge  V.  Huss,  30,  107,  114 
Plestow  f.  Johnson,  22 
Plunkett  ('.  Williams,  41 
Pocock  r.  Keddington,  181,  408 
Poliui  V.   Gray,   iSturla  c.   Freeeia,  21, 

143,  510 
Pollard  V.  Doyle,  387 
Pousardin  r.  Peto,  123 

—  V.  Stear,  57 
Ponstbrd  v.  Widnell,  397 
Pontifex's  Case,  279 
Poole  Firebrick  Co,  lie,  272 
Poole  V.  Francis,  470 

—  V.  Franks,  121,  335 

—  V.  Pass,  413 
Pooley  V.  Driver,  577 

Poplar  &  Ijlackwall  Free  School,  In  /■<•, 

212,  410 
Popple  ('.  Henson,  203 
Portarlington  (Earl  of)  r.  Damci',  194 
Porter  v.  Lopes,  241 

—  V.  Watts,  415 

—  c.  West,  570,  572 
Portlock  r.  Gardner,  407 
Portuiore  (Lord)  t:  Taylor,  248 
Postgate  V.  Barnes,  30 
Pothecary  v.  Pothecary,  109 
Potter,  III  re,  304 

—  i:  Chambers,  131 

—  f.  Cotton,  142 

—  V.  Duffield,  258 

—  V.  Jackson,  245 

—  V.  Rankin,  44,  488,  502 
Powell  V.  Cockerell,  40 

—  V.  Elliot,  93,  201 

—  V.  Martyr,  Z'SO,  201 

—  I'.  Powell,  84,  380 

—  i:  Trotter,  230 

—  i:  Williams,  49 
Power,  lie,  301 

Powlett  (Karl)  c.  Herbert,  405 
Praed  v.  Hull,  85 


Pratt  c.  Walker,  40 

Prebble  r.  P>ogluirst,  127,  475 

Prebend  of  St.  Margaret,  Leicester,  R', 

294 
Preece  and  Evans'  Case,  274 
— ■  c.  Scale,  114 
Prendergast  r.  Prendergivst,    150,    153, 

157,  4U5 
Prescott  ('.  Wood,  290 
Press  and  Inskiji,  Jie,  401 
Prevost  ('.  Benett,  99 
Price,  lie,  502 

—  V.  Berrington,  83,  90 

—  V.  Greshani,  104 

—  V.  Loaden,  183 

—  V.  McBeth,  390,  500 
Pride  v.  Fooks,  181,  408 
Prideaux,  E-c  jjarte,  429 

—  V.  Lonsdale,  397 
Primrose,  lie,  325 
Prince  v.  Hine,  120 

—  c.  Howard,  135 

Pringle  v.  Gloag,  4,  94,  133,  408,   477, 

503 
Priug's  Trusts,  Jic,  71,  325 
Pritchard   v.   Roberts,    353,    501,   508, 

572 
Proctor  c.  Robinson,  385 
■Professional  Life  Assurance  Co.,  lie,  276 
Prosser  v.  Bank  of  England,  341 
Prothero  -v.  Thomas,  427 
Proud  V.  Bates,  129 
Provident  Clerks'  Association,  Re,  320 
Prowse  V.  Loxdale,  537 
Prudential  Assurance  Co.  r.  Edmonds, 

152 
Pryce  v.  Bury,  198,  223,  226 

—  V.  Monmoutlisliire  Canal  k  Ry.  Cos. , 
151 

Pryor's  Settlement,  Re,  299,  306 
Prytharch  v.  Havard,  201 
Pugh,  Re;  367,  437,  449,  450,  454 
Pulbrook,  E.e  ixnie,  Re  Union  Cement 

Co.,  556 
Purcell  r.  lilennerhassett,  108 

—  ('.  Woodley,  352,  509 
Purdey's  Case,  278 

Purser  v.  Darby,  262,  285,  327 
Puxley  V.  Puxley,  175,  177 


Q. 


Quarrell  v.  Beckford,  94,  476 
Quartz  Hill  Co.,  Li  re,  208 
Queen  Average  Association,  Re,  274 
—  Camel  (Vicar  of  ),  lie,  280,  287 
Queen  (Tiie)  c.  Chambers,  222 


xliv 


TABLE    OF   GASES. 


Queen's  College  Case,  213 

—  College,  Cambridge,  Ei' parte,  320 


K. 


IJ.  V.  Eastwood,  5CG 

—  V.  Pratt,  525 

—  V.  Sankey,  552 
IJabljits  (•.  Woodward,  519 
RadcimV,  Ik,  235 

Eadclj-H'e,   In  re,   Pearee  v.   Eadelyffe, 

181 
Eadford  V.  AVillis,  256 
Pailston,  Ex' jxirte,  282 
liailway  Finance  Co.,  He,  268 
Panisdeu  r.  Langley,  2:J6 
Ranee,  Re,  450,  451 
Pandill  V.  Randall,  119 
Raiidfield  V.  Randtield,  175 
Ransom,  Ee,  439 
Raphael  r.  Boelini,  181 
Raseh,   Ex  parte,   Ec  Accidental    Co., 

269 
Rashleigh  r.  Mount,  61 
Rashley  r.  ]\Iasters,  349,  396 
Rattray  v.  George,  38 
Raven,  la  re,  419 
Rawlings  v.  Lambert,  30 
Rawlins  v.  "Wickliani,  106 
Rawlinson  v.  JMoss,  486,  559 
Payment  v.  Dimbleby,  492  . 
Raymond  f.  Lakeman,  417 
Reade  v.  Ijentlev,  577 

—  r.  Sparkes,  125,  126 
Reading  v.  Hamilton,  305 

Real    and    Personal    Advance   Co.     r. 

McCarthy,  74,  75,  139 
Rede  r.  Oakes,  263 
Redfearn  v.  Sowerb}',  552,  557 
Redondo  v.  Chaytor,  9 
Reece  v.  Cox,  430,  547 
Recce's  Estate,  In  re,    Gould  r.   Dum- 

mett,  576 
Reecli  V.  Kennegal,  412 
Reed  v.  O'Brien,  30 
Rees,  iiV,  457 

—  r.  Metro])olitan    Board    of   Works, 

238 

—  V.  Williams,  420 

Rees  Jones  r.  Pickslay,  194 

Reeves'  Trusts,  In  re,  166,  186 

Reeves  v.  Baker,  84 

Regent's  Canal  Co.  v.  Ware,  263 

Regent's  Canal  Ironworks   Co ,  //(  re, 

Ex  parte  Grissell,  274 
Remnant,  7.V,  427,  474,  505 

—  c.  Hood,  105,  125,  187      • 


Renuie  v.  Massie,  396 
Reynolds,  Ee,  63,  290,  548 

—  r.  Blake,  380 

—  r.  Caswell,  429 

—  V.  Howell,  86 
Rhode  r.  Spear,  81 
Rhodes,  Ex  parte,  343,  562 
— ,  Ee,  310,  J40 

—  V.  Hayne,  79,  214 
Rice  V.  Gordon,  94 

—  V.  Orgies,  201 
Richards,  Ex  parte,  239,  326 

—  V.  Attorney-General  ot"  Jamaica,  411 

—  V.  Dadley,  64 

—  V.  Kitchen,  529 

—  V.  Platel,  557 

Richardson  v.  Bank  of  England,  54 

—  r.  Grubli,  325,  415 

—  r.  Jenkins,   203 

—  V.  Richardson,  202 

—  V.  Rusbridger,  170 

—  V.  Ward,  382 
Richmond  v.  White,  173 
Rickards  r.  Attorney-General,  150 
Ricketts,  Ee,  321 

—  V.  Lewis,  156 

Rider  v.  Jones,  232,  335,  554 
Ridgwaj'  r.  Edwards,  371 

—  r.  Kynnersley,  115 
Ridley  r.  Meek,  45 

—  V.  Sutton,  486 

Rigby  V.  Great  Western  Ry.  Co.,  99 

Riley  v.  Croydon,  77,  224,  233 

Rio  Grande  Do  Sul  Steamship  Co.,  In 

re,  159,  223,  236,  237 
Riplej'  r.  Moysey,  175 
Ritso's  Case,  277 
Rivers'  (Lord)  Estate,  Ec,  332 
Robb  e.  Connor,  51,  492 
Robarts  r.  Buee,  133,  134,  503 
Roberts,  In  re,  25 

—  V.  Ball,  320,  509 
• —  V.  Evans,  363 

—  v.  Hughes,  117 

—  V.  Iverslake,  316 

—  V.  Lucas,  429 

—  r.  Roberts,  135 

—  V.  Scoones,  347 

—  's  Trusts,  Ee,  314,  318 

—  V.  Walker,  166 

—  V.  Williams,  230 
Robertson,  Ee,  303 

—  V.  Southgate,  540 
— 's  Trusts,  Ee,  l21 
Robey  v.  Whitewood,  344 
Robins  v.  Goldinghani,  558,  559 

—  r.  Mills,  435 
Robinson,  Jie,  444 
— 's  Case,  272 


TABLE   OF   CASES. 


xlv 


Ilohinson  v.  Aston,  343 

—  V.  Chadwick,  136 

—  V.  Elliott,  204 

—  I'.  Roshcr,  77,  110 

—  V.  Wood,  380 
liobsoii  r.  Dodds,  87 

—  V.  Earl  of  Devon,  81 

—  r.  Kobsoii,  l:jf) 
]{ooh  r.  Callcu,  KiS 
llodidalu  Canal  Co.  r.  King,  49 
Kochester  (Cniporation  of )  r.   Lcc,  98, 

99,  100,  ItiO 
Dochfort  r.  BattersLy,  15G 
llockc  V.  Hart,  181 
Ivoddajii  r.  Hctlicrinriton,  35- 
h'odick  ;•.  Oandcll,  iio'd 
Koc  V.  llaminomi,  516 
Ivogers  ?'.  Gooro,  136 

—  V.  Hooper,  372 

—  V.  Jones,  577 

—  I'.  Rogers,  5'J6 
Romilly  r.  Crint,  373,  371 
Komney,  7.V,  294 

Rose  i:  Callaiul,  252 

Kose  &  Co.  r.  CJardden  Lodge  Coal  Co., 

273 
Kosicr's  Trusts,  Jlr,  318 
lioss's  Trusts,  He,  183 

—  IJr,  321 

—  r.  Lauglitoii,  557,  558 

—  v.  Wood,  393 
l^ossiter  r.  Miller,  154 
liotherani  r.  Battson,  335,  341,  368 
h'ourke  v.  White  Moss  Colliery  Co.,  142 
Row,  Jlr,  290 

—  ('.  Row,  175 
Rowcliffe  r.  Leigh,  159 
Rowlands  v.  Evans,  245 

—  i:  Tucker,  203 

Rowles    r.    Mayliew,    In   re   Slayhew, 

178 
Rowley,  Be,  239 

—  V.  Adams,  69 
Rowley's  Legacy,  Jl/',  326 
Rowsell  v.  Morris,  90 

Royal  Naval  Society's  Indeninitv  Case, 

277 
Royils  r.  Royds,  180,  409 
Royle,  Ex  parte,  335,  382,  396 
Rubery  v.  Grant,  37 
Rudd  r.  Rowe,  85 
Ruilow    V.    Great     Britain    Assurance 

Society,  124 
Rudyerd's  Trusts,  He,  287 
Kuffle,  Ex  parte.  Me  Dunimclow,  511 
Rumbold  r.  Forteatli,  50 
Kunisey  v.  Runisey,  489 
Rundle  V.  Rundle,  357 
Rush,  Jk,  530 


Rushwortli  '•.  Waldon,  329 
Russel  V.  I'.uclianan,  442 
Russell,  E.r  parte,   In  re  Buttcrwortli, 
397 

—  i\  Dickson,  110 

—  c.  London,  Chatham  and  Duver  I!v. 

Co.,  60 

—  V.  Nicholls,  125 

Ruthin  (Burgesses  of)  v.   Adams,  88, 

391 
Ryalls  t\  Reg.,  428 
Ryan,  He,  529 

—  V.  Dolan,   43 

—  V.  Nesbitt,  399 


S. 


Sal)in  r.  Heapc,  92 

Sadd,  He,  555 

Sadleir  v.  Greene,  384 

Saffron  AValden  Charities,  Hr,  212 

St.  Albyn  r.  Harding,  249,  250 

St.    Bartholomew's  Hospital  (Trustees 

of).  He,  307 
St.  Catherine's  Dock  Co.,  He,  307 
St.  Dunstan's  Cliaiity  Schools,  He,  30  J 
St.  Katherine's  Dock  Co.,  Re,  302 
St.  Katliarine,   Ho.'ipital  of,   E.c  parte 

287,  304,  .307 
St.  Sepulchre's    (Vicar  of).  Ex  parte, 

301 
St.  Tliomas'.s  Hospital,  He,  287 

—  (Governors  of),  He,  301 
St.  Victor  V.  Devereux,  372 
Sale  V.  Lambert,  258 

—  r.  Sale,  86,  354 
Salkeld  c.  -lohnston,  99 
Salop  V.  Attorney-General,  210 
Salt  I'.  Cooper,  518 

Saltash  (Corporation  of)  v.  Goodman 

142 
Salter  ?'.  Bradshaw,  249 

—  V.  TiMesley,  59,  194 
Sambrook  v.  Hayes,  90 
Sammes  v.  Rickman,  409 
Samuel  r.  Jones,  191,  342 
Sandback   Charity   Trustees   v.    North 

Staffordshire  }xy.  Co.,  479 
Sanders  r.  Miller,  175,  177 
Sanderson,  In  re,  576 

—  V.  Chadwick,  262 

—  r.  Stoddart,  20(i 
--  V.  Walker,  408 
Sandon  r.  Hooper,  237 
Sandys  v.  Long,  10 

—  i:  Watson,  412 
— r,  Whateley,  11 


xlvi 


TABLE    OF   CASES. 


Saner  v.  Biltoii,  131 

—  V.  Deavan,  83 
SaiifoKl,  Kvparfr,  329 
Saiigar  v.  Gardiner,  509 
Sansoni  r.  vSansom,  520 
Sargent,  Ex  parte,  279 

—  r.  Gannon,  484 
Saunders,  7.V,  303 

—  V.  Gray,  381 

—  V.  Saunders,  340,  402 
Savage,  i?r,  86 

—  f.  James,  561 
Savery,  He,  442 

—  ('.  King,  153,  155 

Sawers,  Be,  Ex  parte  Blain,  514 
Sawston  (Vicar  of),  Ex jwrte,  289 
Sawyer,  Ec  2wrte,  In  re  Bowdcn,   147, 
499 

—  r.  Birclimore,  31 

—  V.  Mills,  85 

Sayer  r.  Bradley,  150,  152,  153 

—  V.  Wagstaff,  448,  456 
Sayers,  lie,  321 

— \>.  Corrie,  59 
Scaife  v.  Scaife,  348 
Scarliorougli  v.  Burton,  93 
Schjott  r.  Sdijott,  12,  363,  364 
Schneider  v.  Lizardi,  28 
Seliolefield  v.  Lockwood,  567,  571 
Scliroedcr  v.  Clcugli,  540 
Sclater  r.  Cottam;  390_ 
Scoonos  V.  jMoncU,  255 
Scorfield  v.  Jones,  480 
Scott  r.  Cumberland,  166,  176 

—  r.  Diinbar,  106,  114,  411 

—  V.  Fleming,  559 

—  r.  Scott,  261,  285,  327 
Scotto  V.  Heritage,  578 

Scottish  Union  Insurance  Co.  r.  Steele, 

485 
Scrivener  i\  Smith,  200,  323 
Sculthorpe  r.  Tipper,  181 
Scurrah  r.  Scurrah,  192 
Seal  V.  Bownton,  348 
Sealey  v.  Gaston,  364 
Secretary  of  State  for  India  r.   Kelson, 

219 
Seers  r.  Hind,  179,  181 
Seidler,  Ex  parte,  18 
Seilaz  v.  Hanson,  9 
Selby  V.  Selby,  235 
Sellar  v.  Griffin,  163 
Sentance  r.  Porter,  94,  231 
Seton  V.  Slade,  254 
Sevier  r.  Greenway,  227 
Sewart's  Estate,  lie,  305 
Shackell,  E.r  parte.  Re  Amines,  449 
Sliacklcton  v.  Sliackk-ton,  333 
Shakespeare  Walk  School,  Ee,  298,  299 


Shales  v.  Barrington,  109 
Shannon  r.  Casey,  228,  550 
Shapland,  Ee,  520 
Sharp,  Ex2'>e(rte,  Re  Hind,  526 

—  r.  Ashley,  491 

—  r.  Lush,  137,  138,  172,  179,  404 

—  r.  AVright,  138,  500 
Sharpe,  Re,  321 

—  V.  Hulett,  84 
Sharpies  v.  Adams.  222,  223 
Sharrodv.  Winfield,  195 
Shaw,  Ex  imrte,  279,  553 

—  Re,  506 

—  V.  Dempsej',  9,  11 

—  r.  Forrest,  70 

—  V,  Johnson,  125 

—  V.  Lawless,  155 

—  V.  Neale,  548,  561,  567 

—  V.  Thompson,  411 

Shea  r.  l>oschetti,  Re  Peile,  507 
Sheard,  Ex  parte,  In  re  Pooler,  149 
Sheffield  (Corporation  of),  Ix'partr,  289 

—  ?'.  Eden,  552 

—  r.  Sheffield,  57 

—  (Town  Trustees),  Ex  parte,  289 

—  (Waterworks  Act),  Re,  479 
Shehnardine  c.  Harrop,  228 
Shepheard  r.  Becthnm,   167 

—  ?■.   Bathurst,    Simpson    v.    Bathurst. 
411  '. 

Sheplicrd  r.  Towgood,  196 
Sheppard  r.  lUirbagc,  197 

—  r.  Sheppard,  174 

—  r.  Smith,  412 
Sherbui'ue  v.  Middleton,  156 
Sherrattr.  Bent  ley,  402 
Sherwell,  Re,  Ex  parte  Snow,  502 
Sherwin  v.  Shakspcare,  261 
Sherwood,  Re,  386,  389,  391 

—  V.  Beveridgc,  381 
Ship  V.  Crosskill,  106 

—  's  Case,  267,  272,  278    • 
Shippey  v.  Grey,  521,  569 
Shipton  (Pector  of).  Ex  parte,  286 
Shittler  r.  Shiftier,  200,  351 
Shore  r.  Shore,  382 

—  r.  Wilson,  209 
Short  v.  Pidge,  360 
Shortley  v.  Sdby,  203 
Shrewsbury  (Earl  of)  r.   Tra]ipes,    53, 

497 

—  School,  Re,  70 

Shuttleworth  r.  Howarth,  165,  166,  186 

—  r.  Lowther,  230 
Shuttleworth's  Estate,  Re,  302 
Sibbering  v.  Earl  of  Balcarras,  11,  250 
Sichell's  Case,  272,  278 

Siddons  r.  LaAvrcnce,  JIvers  v.  Defries, 
10],  102 


TARLK    OF   CASES. 


xlvii 


Sidcbotham  r.  Unriu^'ton,  25o 
Sidney  v.  Wilmer,  294 
Siffken  v.  Davis,  226 
Sinimonds  I'.  Lonl  Fvinnaird,  214 

—  V.  (Jreat  Eastein  Ivy.  Co.,   55-J,   557, 
558 

Simmons  ?'.  Stoicr,  ITC,  478 

—  r.  ]\[cAdam,  578 
Sim])son,  Er  pcnir,  US 

—  lie,  430 

—  c.  Fiatlmvst,   Shepherd  r.    IJathiU'st. 

411 

—  17.  Uurton,  10 

—  v.  Malherbc,  96 

—  V.  Kitcliift,  241 

—  r.    Westminster  I'ahtec    Hotel    Co. , 

151 
Sinclair  r.  Great  Eastern  l!y.  Co.,  490 
Singer  v.  Audsley,  48 

—  I\Iacliine   Ahuiufacturcrs  v.    Wil.son, 
154 

Singleton  r.  Hopkins,  242,  243 

—  )'.  Schvyn,  31 

—  p.  Tomlinson,  153,  187,  350 
Singleton's  Estate,  /.V,  284 
Siree  v.  Kirwan,  155 

SivcU  V.  Abraham,  77 

Skidmorc,  7iV,  484 

Skipp  r.  Wyatt,  232 

Skirrow  r.  Skinow,  175 

Skrine  7'.  Powell,  21') 

Skrymshire  r.  Xortlicote,  166,  341 

Slack  r.  ]\Iidlnn<l  Rv.  Co.,  94 

Sladden.  7lr,  4')0,  451 

Slade  r.  Hulme,  519 

Slater  r.  Mayor  of  Sunderland,  563 

— ,  E.r  partr,  290,  303 

Slator  r.  Nolan,  385 

Slipper  !".  Gougli,  117 

Sloggett  V.  Collins,  17 

—  V.  Viant,  19 
Smallwood  r.  Kutter,  356 
Smith,  El- parte,  272,  297 

—  A.  H.,  Erimrtc,  545,  546 

—  Er  parte.  In  re  Albazette,  499 

—  E.e  parte.  Re  Bank  oC  Hindustan,  563 

—  Ejc  parte,  E.e  parte  Langley,  //(  re 

Bishop,  57 
— ,  Re,  6.5,  320,  434,  442,  544,546,  550 

—  i\  Andrews,  118,  185 

—  ?■.  Baker,  495 

—  V.  ?)olden,  413 

—  r.  BuUer,  480,  483,  487,  492,   494, 

495,  496,  502 

—  r.  Ciianibers,  182 

—  V.  Chichester,  234,  554 

—  v.  Corntbot,  11 

—  i\  Cowell,  518 

—  X.  Cremer,  181 


Smith  V.  Dale,  191 

—  V.  Daniell,  489,  494 

—  i;.  Day,  474 

—  V.  Dearmcr,  346 

—  V.  Dimes,  427 

—  V.  I)res.ser,  397 

—  V.  Earl  of  EfHngliani,  491,  494,  495, 

498 

—  V.  Etches,  8,  13,  365 

—  '0.  Fry,  342 

—  V.  Green,  102,  231 

—  v.  Hammond,  18 

—  r.  Lystcr,  358 

—  ('.  Nelson,  380 

—  V.  I'awson,  375,  376 
— -  V.  riunimer,  334 

—  r.  Smith,  3.'),  232,  517 

—  's  Trusts,  Re,  322 

• —  V.  Whichcord,  Evana  r.  Debenham, 
Debenham  v.  Lacv,  60 

—  r.  White,  141 

—  V.  Winter,  561,  572 

Smith's  (William)  Estate,  Re,  305 
Smyth,  Ex  parte,  290 
Sna'gg  V.  Frizell,  230 
Snearvv.  Abd}^,  517 
Snell,''7i'-,  502,  555 

—  I'.  Skinner,  36 

Snow,  E.e  parte,  Re  Sherwell,  502 

—  V.  Bolton,  520 

—  ('.  Hole,  397 
Sobey  v.  Sobey,  52 
Solicitor,  A'e  a,  529 
Solicitor-General  v.  Coriioration  of  r>ath, 

211 

—  for  Iieland  r.  Lord  J\rayor  and  Cor- 
poration of  Dublin,  211 

Solley  V.  Wood,  89 

Solly  c.  Grcathead,  59 

South  Lkstern  l!y.  Co.,  Re,  290 

South  Essex  Co.,  7&,  E.e pctrte  Paine  and 
Layton,  558 

South  Essex  Co.  r.  Submarine  Teleffrai.h 
Co.,  79,  215  ° 

South  i\rolton  (Jfaj'or  of)  v.  Attorney- 
General,  114,  155 

South  Wales  liy.  Co.,  Jle,  285,  310,  327 

Southampton,  kc,  Co.  (Olhcial  Liciui- 
da  tors  of)  c.  llawlings,  62 

Southwill  ('.  ^Martin,  4i3 

Sowry  I'.  Sowry,  290 

Sparks,  Re,  239,  325,  327 

-— ,  Li  re,  E.e  parte  Forder,  396 

Sparrow  v.  Hill,  131 

Spencer,  7.''',  393 

—  Iti  re,  Spencer  v.  Hart,  430,  457 

—  v.  Allen,  515 

—  V.  Bryant,  371 

—  V.  Ward,  170 


xlviii 


TABLE    OF   CASES. 


Spensley's  Estate,  In  re,  Speusley  v. 

Harrison,  197,  200 
Spier  r.  Bernard,  429 
Spiller,  He,  328 

■ —  r.  Paris  Skating  Kink  Co.,  45 
Spitalfields  Sclioofs,  Rr,  303 
Spittle  r.  Walton,  (52 
Spooner's  Estate,   lie,    284,    308,   309, 

311 
Springett  v.  Dasliwood,  163 
Springfield  v.  Ollett,  98 
Spires  (•.  Sewell,  537 
Stacey  v.  Spratlev,  347 
Stafford  Charities,  Re,  212 
Stagg  r.  Knowles,  80 
Stahlsclinndt  v.  Lett,  468 

—  r.  Walford,  74 
Staines  v.  Morris,  95,  251 
Stamford  (Earl  of)  v.  Dawson,  577 
Standen  v.  Edwards,  538 

Stanes  v.  Parker,  389,  457 

Stanger  Leathes  r.  Stanger  Leathes,  488 

Stanhope  Co.,  Re,  521 

Stanilandr.  "Willott,  106 

Stanley  v.  Bond,  72,  107,  522 

Stanley  of  Alderley's  Estate  (Lord)  Re, 

303 
Stanton  v.  Baring,  489,  493,  494 

—  r.  Hatfield,  202 
Staples,  Kepart;  294 

Stapleton,  E.r  parte.  In  re  Nathan,  144 
Star  and  Garter  Hotel  Co.,   In  re,  71, 

112,  267 
Starten  v.  Bartholomew,  356 
State  Fire  Insurance  Co.,  Re,  276 
Stead  r.  Hardakcr,  176 
Steam  Stoker  Co.,  In  re,  112 
Stebbing  r.  Atlee,  45 
Stedman  v.  AVt'bb,  551 
Steedman  r.  Poole,  60 
Steel,  Re,  329 
Steele,  Ej- parte,  429,  560 

—  Re,  448 

—  V.  Hntchings,  57..  58 

—  V.  Scott,  559 

Stephen,  Re,  438,  448,  451,  456 
Stephens  r.  15rett,  103 

—  V.  Trneman,  349 

—  V.  Workman,  63 
Stephenson  v.  Binev,  62 

—  V.  Mackay,  81 
Sterling,  E.e  parte,  551 
Stevens,  E.>-  parte,  70,  307,  311 

—  r.  Keating,  4S 

—  v.  Newborough    (Lord),     404,    486, 

490,  496 
_  V.  Pillen,  191 
^  r.  Praed,  99 

—  X.  "Williams,  12 


Stevenson  r.  Abington,  126,  189 

—  r.  Blakelook,  551,  560 
Steward  i'.  Nurse,  576 

Stewart  v.    jManpii.s   of  Donegal,    128, 
186 

—  V.  Menzics,  150 

—  r.  Stewart,  8,  9,  35,  113 
Stihvell  V.  Mellersh,  382 
Stimpson  v.  Jepson,  486 
Stirke,  Re,  454 

Stock  V.    Hooper's   Telegm[>h   "Works, 

141 
Stocken  v.  Pattrick,  368 
Stokes  V.  Heron,  154 

—  r.  Trumper,  394,  444 
Stokoe  V.  Robson,  228 
Stooke  r.  Taylor,  132 
Stormont  r.  Wickens,  218 

Storr  r.  Corporation  of  Maidstone,  135 
Story,  Re,  E-r  parte,  Mar\vick,464 

—  V.  Ofhcial  Manager  of  the  National 

Insurance  Co.,  532 
Strachen's  Estate,  Re,  303 
Straford,  Re,  460,  463 
Strafford  v.  Warren,  355 
Straker  v.  Ewing,  106 
Stratford  r.  Bosworth,  250 
Strathmore  Estates,  Re,  296 

—  V.  Strathmore,  31 
Street,  Re,  444,  448 

—  V.  Hojie,  526 
Streeten  v.  Wliitmore,  515 
Streeter,  Er  parte.  In  re  Morris,  218 
Strickland  r.  Strickland,  35 
Stringer  v.  Harper,  175 

—  's  Case,  272 

Strother,  Re,  427,  443,  444,  445 
Stuart,  Re,  240,  326,  328 

—  r.  Greenall,  486 
Stubbs  V.  Marsh,  384 

—  's  Estate,  Hanson  r.  Stubbs,  193 
Studliolmc  r.  Hodgson,  165,  168 
Sturch  V.  Young,  70 

Sturge  r.  Dimsdale,  481,  490 

Sturla  V.   Freccia,    Polini  v.   Graj^,   21, 

143,  510,  544 
Styan,  Ex  parte,  285 
Styles  V.  Shipton,  76 
Sugden  r.  Hull,  535 
Sullivan  v.  Bevan,   204 

—  V.  Sullivan,  356 
Sumner  r.  Ridgway,  127 
Sutton  r.  Doggett,  202 

—  r.  Huggins,  56 

—  V.  Winstanlev,  200,  201 

—  's  Trusts,  Re]  317,  318 

Sutton  Harbour  Co.  r.  Hichens,  77,  110 
Swaby  v,  Dickon,  383 
Swale  V.  Milner,  201 


TAIiLE    OF   CASES. 


xlix 


Swan's  Settlumeut,  lie,  318 

Swaiiii  i\  Swaiiii,  36-1 

Hwanzy  v.  Swauzy,  9 

Sweeper's  Trusts,  Jlr,  313 

Swetauuoir,  Jlr,  328 

Swift  r.  Swift,  350 

Swindell  v.  IJirniingliam  Syndicate,  51 

Swiufeii  r.  Swinfen,  3i8,  3-19 

Sykes  v.  lirook,  409 

—  V.  Dyson,  530 

Symes  r.  Mngnay,  219 

Synipson  r.  rrotliero,  561,  562 


T ,  In  re,  328 

Tabbernor  v.  Tabbernor,  87 
Tabor  v.  Cunningham,  106 
Talbot  V.  Kemshead,  116,  117 

—  V.  Marshtield,  139,  412 

—  V.  Staniforth,  249 

—  r.  Talbot,  38,  357" 
Tanijiier  v.  Ingle,  46,  54 
Taner  v.  Ivie,  222,  232,  352 

Tann,  In  re,  Gravutt  v.  Tanu,  184,  243 
Tanner,  Re,   323 
--  v.  Daucey,  200 

—  V.  Dean,  64 

—  i\  Heard,  129,  226 
Tanquerav  v.  Bowles,  397 
Taprell  v'.  Taylor,  372 
Tarbuek  v.  Woodcock,  87 
Tardrew  v.  Howell,  200,  351,  568 
Tarleton  v.  Dyer,  36 

Tasker  v.  Small,  263 
Tate  V.  Kitchens,  429 
Tatham  r.  Wright,  348 
Tayleur,  In  re,  124 
Taylor,  Re,  293,  427,  459,  461 

—  V.  Brown,  258 

—  V.  Cook,  563 

—  ?'.  Dowlen,  158 

—  V.  Glan villa,  412 

—  V.  Gorman,  373 

—  V.  Haygarth,  97,  171,  185 

—  V.  Hodgson,  429,  433 

—  r.  Lin  ley,  167 

—  V.  jMogg,  167 

—  V.  Oldham,  350,  359 

—  V.  Popluim,  160,  563 

—  V.  Salmon,  410 

■ —  r.  Scrivens,  542 

—  V.  Southgate,  160,  161,  19G 

—  r.  Tabrnm,  181 

—  r.  Taylor,  536 

—  's  Estate,  Daiibncy  r.  Leake,  1S9 
Teague,  Re,  443 


Tebbs  r.  Carpenter,  ISO,  181,  406,  408 
Tebbntt  v.  I'otter,  76 
Tees  Bottle  Co.,  Re,  141 
Tempest  i\  Tempest,  167 
Temple  v.  Bank  of  England,  340 

—  Church  Lands,  Bristol,  Re,  289 
Templeman,  Jle,  473 

—  V.  Warrington,  69 
Tenipler  v.  Swete,  69 
Tenant  &  Co.  v.  Ellis  k  Co.,  2 
Tench  r.  Cheese,  485 
Tetley,  E.e  iiarlc,  304 
Thakeham  Monies,  Re,  315 
Thellusson  v.  Kendlesham,  153 
Therry  v.  Henderson,  195 
Thomas,  Re,  239,  297,  326 

—  V.  Buxton,  379 

—  V.  Cooper,  230 

—  V.  Cross,  428,  430,  547 

—  V.  Dering,  253 

—  1-.  Ellis,  375 

—  V.  Elsom,  354 

—  V.  Fin  lay  son,  87 

—  v.  Jones,  168,  201,  202 

—  v.  Parry,  42,  43 

—  V.  Townseud,  251 

—  V.  Walker,  111,  328 
Thomason  r.  Closes,  96,  97 
Thompson,  Em  parte,  568 
— ,  R<.c,  454,  455  ', 

—  and  Debenham,  Re,  549 

—  Re,  Nalty  v.  Aylett,  533 
— •  v.  Clive,  163 

—  V.  Cooper,  203 

—  V.  Hudson,  117 
' —  V.  Kendall,  116 

—  V.  Milligan,  398 

—  V.  Richardson,  241 

—  V.  Sheppard,  171 

—  's  Trusts,  Re,  328 
Thomson  v.  Eastwood,  106 
Thorby  v.  Yeats,  414 

Thorley's  Cattle  Food  Co,  v.  Massam, 

498 
Thorner's  Charity,  iZc,  287 
Thornhill  v.  Evans,  232 
Thoroton,  Ex 'parte,  290 
Thorp  r.  Thorp,  190 
Thorpe,  Eximrie,  38 

—  v.  Freer,  251,  378 
Threlfall  v.  Harrison,  199 
Throckmorton  i'.  Crowley,  134,  563 
Thurgood,  Re,  439,  440 
Tibbitts,  In  re,  441 

Tichborue  v.  Mostyn,  57 
Tickner  r.  Smith, 'l81 
Tidwell  V.  Ariel,  98 
Tildesley  v.  Harper,  34 

—  I'.  Lodge,  222 

d 


TABLE   OF  CASES. 


Tilleard,  lie,  473,  506 

Tillett  V.  Stracey,  495 

Tillotson  r.  Hargreaves,  124 

Tiluey  v.  Stansfold,  392,  529,  530,  533 

Times  Life   Assurance   Co.,    Re,    267, 

268 
Times  v.  Negus,  370 
Timras,  In  re,  60 
Tipping  t'.  Power,  115,  178,  197 
Tijiton  Green  Co.  v.  Tipton  ]\Ioat  Co. , 

238 
Titley,  Ex  ixirle,  556 
Tiverton  Market  Co.  (No.  2),  Re,  303 
Tod  V.  Tod,  161 
Todd  V.  Studholme,  386,  392,  394 

—  V.  Wilson,  389,  457 
Tofts,  Re,  303 

Toghill  V.  Grant,  505,  507 

Toleman  and  England,  In  re.  Ex  x>(trte 

Bramble,  558 
Tomkins  v.  Coltliurst,  176 
Toniliiison  v.  Gregg,  228 
Tompson  ;•.  Knights,  78 
Toner  v.  Thompson,  410 
Tookey  s  Estate,  Re,  284 
Tootal  V.  Spicer,  202 
Topham  V.  Duke  of  Portland,  53,  120, 

333 
Torrance  v.  Bolton,  109 
Torre  v.  Brown,  155 
Tottenham  r.  Barry,  63 

—  V.  Emmet,  250 

—  V.  Green,  250,  334 
Towle,  Re,  452,  455 
Towuseud,  Re,  239,  326,  327 

—  V.  Champernowne,  254 

—  V.  Westacott,  397 

Townsheud  (Marq^uis),  v.   Stangroom, 

259  • 

Tratford,  Ex  parte,  289 
Traile  v.  Bull,  64 
Travers  v.  Townshend,  179,  180 
Travis  v.  lUingworth,  399 
Tredwell  v.  Byrch,  14 
Tretheway  v.  Helyar,  166 
Trew,  Ex  parte,  222 
Trick,  Re,  321 

Trimleston  (Lord)  v.  Hamili,  229 
Trinity    House   (Corporation   of),    Ex 

parte,  287 

—  V.  Ryall,  98 
TroUope  v.  Rontledge,  178 
Trotter  v.  Maclean,  102 
Troward  v.  Attwood,  77,  78,  80 
Trower  and  Lawson's  Case,  42 
Trowers'  Trusts,  Re,  319 
Trueman's  Estate,  Re,  270,  277 
Tryon,  Re,  379,  402,  405,  450 
Tucker  r.  Hernaman,  140 


Tucker  i\  Sanger,  345 
Tuckley  v.  Thompson,  198,  226,  227 
Tunis  Railways  Co.,  281 
Tunstall  v.  Freeney,  373 

—  's  AVill,  In  re,  331 
Turnbull  v.  Jauson,  487,  488 
Turner,  Ex  parte,  269 

~  Ex  parte,  Re  Boyle,  448,   454,  455, 
456 

—  Re,  Re  Emma   Silver  Mining  Co., 
553 

—  V.  Collins,  96,  396,  401,  402 

—  V.  Gowdon  or  Sowdon,  187 

—  V.  Hand,  457 

—  V.  Heyland,  101 

—  r.  Letts,  367,  555 

—  V.  MuUineux,  325,  342,  343,  399 

—  V.  Turner,  43,  65,  357,  480,  481 
Turner's  Estate,  Re,  283 
Turnley,  Re,  323 

Turquand  v.  Knight,  397 

—  V.  Marshall,  107 
~  V.  Pticketts,  347 
Turwin  v.  Gibson,  562 
Tuthill  V.  Scott,  345,  348 
Twinberrow  v.  Braid,  122,  498 
Twisleton  v.  Griffith,  248 
Twort  V.  Dayrell,  557 
Twyford  Abbey  Estates,  Re,  332 
Twynam  v.  Porter,  539,  568,  571 
Tylden,  Re,  290 

Tyler  r.  Yates,  249 
Tyler's  Estate,  Re,  290 
Tyne  Alkali  Co.  v.  Lawson,  101 
Tynte  r.  Hodge,  19,  22 


n. 


Umfreville  r.  Johnson,  131 
Underwood,  Ex  parte,  557 

—  V.  Trower,  412 

—  V.  Secretary  of  State  in  Council, 
494,  500 

Union  Cement  Co.,  Re,  Ex  pxrte  Pull- 
brook,  556 

Union  Cement  Co.,  Re,  271,  562 

United  Kingdom  Assurance  Co.,  Re 
323 

United  Kingdom  Electric  Telegraph 
Co.,  Re,  536 

United  Ports  Co.  v.  Hill,  16 

Universal  Lisurance  Co.,  Re,  267 

Upmann  v.  Elkan,  123,  146 

Upperton  v.  Harrison,  224 

—  V.  Nickolsou,  256 
Usil  V.  Brearley,  142 


TABLE    OF   CASES. 


li 


TT.sticke  v.  Peters,  92 
Uvedale  r.  Uvcdale,  200 


V ,  Rr,  530 

Yale  V.  ]\Iereditli,  115 

—  V.  Ofiert,  8,  22 

—  V.  Oppert,  143,  553 
Valentine  v.  Dickinson,  259 
Vallance  r.  Birniingliam,  &c.,  Corpora- 
tion, 52 

Vancouver  v.  Bliss,  95,  251,  252,  257, 

258 
Vansittart  v.  Vansittart,  28,  367,  368 
Vardy,  Be,  462 

Vandrey's  Trusts,  ^.<-^j(rr/'c,  290,  308 
Vauglian  v.  Fitzgerald,  216 

—  V.  Vanderstegen,  367,  552,  559 
Veitcli  V.  Irving,  22 

Ventilation  and  Sanitary  Improvement 
Co.  r.  Edelsten,  78 

Verity  v.  Wylde,  561,  562 

Verlander  v.  EddoUs,  566 

Vernon  v.  Vestry  of  St.  James,  West- 
minster, 498 

Vcstris  V.  Hooper,  84 

Viall,  Re,  Hawkins  v.  Terry,  240,  326 

Vickersi'.  Bell,  149 

—  V.  Vickers,  107 
Victoria,  The,  143 
Vincent  v.  Hunter,  19 

—  V.  Venner,  459 

Vines,  He,  ExjJCirfeShiickcW,  449 
Viney's  Trusts,  Rr,  569 
Viney  r.  Cliajdin,  50 
Von  Bolton  r.  Cruden,  67 
Vyse  V.  Foster,  560 
Vyvyan  v,  Vyvyau,  221 


W 


Waddell,  Ex  imrtc,  In  re  Lutscher,  45, 
159 

—  V.  Blockey,  65,  141 
Waddell's  Contract,  Re,  330 
AVaddilove  r.  Taylor,  72 
Wade  V.  Stanley,  87 

—  r.  Ward,  226,  227 
Wagner  v.  Hears,  374 
AVaimvright,  Ex  'parte,  109,  159 

—  V.  Sewell,  85 
Waite  V.  Barnes,  351 
Wakefield  v.  Brown,  493 
• —  V.  Newbon,  554 


Waldo  V.  Caylcy,  53 
Waldron  v.  Francis,  201 
Wales  (Princess  of)  r.    Earl  nf  Liver- 
pool, 82 
Walford  v.  Walford,  53 
AValker,  Re,  293,  440 

—  's  Case,  278 

— ,    Ex  paiie,    Re  Foster,    449,   45], 
454 

—  V.  Daniel],  51 

—  I'.  Easterby,  7 

—  V.  Else,  355 

—  V.  French,  160 

—  V.  Molloy,  334 

—  V.  Moore,  381 
Wallace  v.  Patton,  153,  155 
Waller  i'.  Lacy,  434 

—  ?'.  Holmes,  560 

Wallis  V.  Bastard,  93,  109,  139,  259 

—  V.  Wallis,  78,  79 

—  V.  Withani,  186 

Walrond  v.  Walrond,  28,  181,  367 
Walsh,  Re,  455 

—  c.  Walsh,  384 

—  i\  Wason,  72 
AValsham  v.  Stainton,  31 
Walter  v.  Beauclerk,  68 

—  V.  Patey,  105,  183 

—  V.  Stanton,  197 
Walters,  Re,  432,  473 

—  V.  Pynam,  252 

—  V.  A\'eblj,  29 

—  V.  Woodbridge,  126,  352,  401,  404 
Walton,  Re,  426 

—  Ex2)arte,  Ex  jmrte  Hue,  278 
Warburton  v.  Edge,  553 
Ward  V.  Barton,  236,  238 

—  V.  Eyre,  418,  550 

—  V.  Hepple,  560       • 

—  V.  Lawson,  440 

—  V.  Mackinlay,  224 

—  V.  Shakeshaft,  116,  117 

— p.   Sittingbourne   &  Sheeruess   Ivy. 
Co.,  26 

—  V.  Woodcock,  376 

—  V.  Yates,  187 

Ware  v.  Cuniberlege,  167 
Waring,  Re,  315 

—  V.  Manchester,  Sheffield  &  Lincoln- 
shire  Ry.  Co.,  49 

—  V,  Williams,  442 
Warner  v.  Armstrong,  66 

—  V.  Mosses,  483,  496,  500 
--V.  Murdoch,  3 

Wan-en  v.  Postletliwaite,  178 
Warrick   v.   Queen's  College,   Oxford, 

62 
Warrin  v.  Thomas,  107 
Warry,  Ej'jj'c.rtc,  222 


lii 


TABLE  OF  CASES. 


AVarwick  Tearsou's  Trusts,  Be,  315 
AVashoe  ]\Iiiiiiig  Co.    v.   Ferguson,  16, 

19 
AVastell  v.  Leslie,  491 
"Waterlow  or  "Waterton  v.  Burt,  191 
Waters  r.  Ta3'lor,  456 

—  r.  AYaters,  346 
AVatkius  r.  Atcliisou,  216 
AYatson,  lie,  290 

—  V.  Gt.  AYesteru  Ey.  Co.,  499 

—  V.  Lyon,  552,  560 

—  V.  Kodwell,  37,  444,  457 

—  V.  Eow,  191 

AVatts  V.  Hammond,  220 

—  V.  Jefferj'es,  522 

—  r.  Kell}^  11 

—  V.  ]\Ianning,  35 
AYaugh,  Re,  438,  477 

—  V.  AYaddell,  428,  437,  547 
AA'avell,  He,  440,  441 
AYeatlierlev  r.  Eoss,  100 
AYebb  v.  Claverden,  346,  348 

—  r.  England,  111 

—  V.  Fitzgerald,  138 

—  v.  Grace,  435 

—  V.  Mausel,  65,  148 

—  ^'.  AYebb,  12o 

—  r.  AYhiffin,  275,  277 

—  's  Estate,  Re,  490 

—  's  Eolicy,  Re,  318,  323 
AVebster  v.  Le  Hunt,  406,  558 

—  V.  lilanbv,  49,  479 
AYeddall  v.  "Nixon,  254 
AYedderbume  r.  Llewellyn,  Q(!> 
AYedgwood  v.  Adams,  97 
AYegmann  r.  Corcoran,  492,   493,  495, 

499 
AYeise  r.  A\\ardle,  386 
AA^elchman,  Re,  451,  454 
AYeller  r.  Fitz  Hugli,  320 
AYelleslev  v.  Mornington,  13,  72,  365 

—  V.  AYellesley,  366 

AA'ells,  Re,  432,  450,  452,  459,  460,  461 

—  V.  Gibbs,  522 

—  V.  Malbon,  111,  320 

—  V.  Mitcham  Gas  Co.,  497 
AVelply  V.  Buh],  25 

AYentwortli  r.  Lloyd,  46,  487,  489,  491, 

545 
AVescomb's  Case,  271 
AA^'est  r.  Downman,  62 
AYcst  r.  Jones,  106,  233 

—  V.  Smith,  65 

—  V.  Swinburne,  193 

AYest    of    England     Banking    Co.    v. 

Batclielor,  551 
AYestbourue   Grove   Drapery  Co.,   Re, 

280 
AYestby  V.  AYestby,  515,  532 


AYestcott  r.  Culliford,  97 

AYestern  r.  Perrin,  252 

AYestern  of  Canada  Oil  Co.  v.  AYalker, 

16 
AYestley  v.  AYilliamson,  396 
AYestou  V.  Clowes,  201,  202 

—  r.  Cohen,  52 
AYestover  v.  Chapman,  112 
AYestropp  v.  Healev,  83,  369 
AYetenhail  v.  Dennis,  200,  201,  202 
Wetlierell  v.  Collins,  233 
AYhalley  Ik,  473,  477,  481 

—  V.  Eamage,  50,  93,  133 

—  V.  Lord  SirfReld,  135 

—  v.  AYhalley,  152 

—  V.  AYilliamson,  507 
AYharton  v.  May,  248,  250 
AYheatley  v.  Bastow,  113 
AVheatoii  v.  Graham,  227 
AA^heeler,  Re,  239,  326 

—  V.  Tootel,  331 
AYhicber,  Re,  449 
AYhiclicote  v.  Lawrence,  408 
AYhicker  v.  Hume,  350 
AYhistler  t).  Newman,  405 
~  V.  Eawlinson,  186 
AYliitcomb  v.  ]\Iincliin,  121,  335 
AVhitcombe,  Re,  417,  439 
AVhite,  Re,  530 

—  E.r iHirte,  Re  Davie,  454 

—  r.  Beck,  262 

—  V.  Bromige,  34,  82,  538 

—  V.  Carroll,  7 

—  V.  Foljanibe,  252 

—  r.  Gardner,  404 

—  r.  Greathead,  8 

—  V.  Gudgeon,  199 

—  V.  Hillaere,  393 

—  r.  Jackson,  164 

—  V.  Leatherdale,  193,  194 

—  v.  Lisle,  100 

—  V.  Pearce,  561,  562 

—  r.  Peterliorougli  (Bishop  of),  224 

—  r.  AYilson,  346,  347 
AYhiteman  v.  Hawkins,  394 
AYhitficld  (Licunibeut  of).  Re,  286,  299 

—  V.  Eoberts,  539 
AYhitley  v.  Martin,  120 
AYhitmarsh  v.  Eobcrtsou,  413 
AA^hitmore  v.  Oxborrow,  84 
AYhituey  v.  Smith,  390 
AYhittaker -!'.  Marlar,  354 
AVhitton's  Trusts,  Re,  322 
AA'^ickeiiden  I',  iiayson,  199 
AA'ickliam  v.  ]\Larquis  of  Bath,  350 
AVicks  I'.  Scrivens,  228 
\Yidgery  v.  Tepper,  523 
AYiggins  v.  Peppin,  89,  442 
AVigginton  r.  Pateman,  76 


TABLE   OF   CASES. 


liii 


Wild  r.  ]li)l>soii,  4",  377 

—  r.  Lockhart,  •221 

—  r.  iMiura\-,  19 
AVildo  r.  Wilde,  78 
"Wildiiiff  )'.  Laudor,  181 
AVilcs  V.  Cooper,  125 
"Wilkes  V,  Saiuiion,  238 
"WilkiiLsoii,  /;.«  j^rt/-|{c,  Jic  Alcock,  450, 

454 

—  Re,  305 

—  V.  JJarber,  206,  350 

—  v.  Belsher,  371,  375 

—  V.  Castle,  241 

—  V.  Hartley,  255,  256 

—  i".  Jobenis,  241 

—  V.  Smart,  434 
AVillcock  V.  Terrell,  520 
Willcox  V.  IJellaers,  252 
AYiiliams,  Jic,  313,  395,  444,  445,  559 

—  V.  Brisco,  136 

—  v.  Curmartlien  IJy.  Co.,  51,  53 

—  V.  Edwards,  260,  263 

—  V.  Gleiiton,  261,  262 

—  V.  Kershaw,  167 

—  V.  Longfellow,  118 

—  V.  Metropolitan  l>y.  Co.,  103 

—  V.  Nixon,  335 

—  V.  Page,  119 

—  V.  Sorrell,  230 

—  V.  Thomas,  105,  106,  120 

—  r.    Williams,    119,    186,   217,   243, 
348 

Williams'  Estate,  Be,  303 

—  Trusts,  ]le,  316,  415 
Williamson      u.     London     &      North 

Western  Ry.  Co.,  39 
AVillis  r.  lliseox,  413 

—  v.  Kihhle,  405 

—  L-.  liadford,  31 
AN'illmott  V.  Jjarber,  5 

AVills'  Trusts,  lie,  71,  325,  368,  485 
Wilson,  He,  284 

—  V.  Allen,  254 

—  V.  Bates,  532 

—  V.  Broughton,  42 

—  V.  Brownsmith,  165 

--  v.  Church,  141,  509,  510 

—  V.  Clapham,  254 

—  V.  Cluer,  229,  239 

—  r.  Emmet,  558 

—  r.  Foster,  294,  295 

—  V.  Heaton,  173 

—  V.  Hood,  571,  573 

—  V.  Maddison,  403 

—  V.  Metcalfe,  99,  520 

—  T.  Kound,  571 

—  V.  Smith,  141 

—  r.  Squire,  169 

—  V.  Thomson,  122,  260,  407 


Wilson  r.  We.st  Hartlepool  Ry..  53 

—  t'.  Williams,  254 

—  V.  Wilson,  87,  152,  411 
Wilton  V.  Hill,  12,  366 
Wiltshire  i:  Marshall,  43 

—  V.  Smith,  231 

Wimbledon  and  Dorking  Railway  Act 

Jir,  311  o  J 

Winch  r.  Winchester,  259 
Winchester  (Bishop  of)  v.  Paine,  251 

—  r.  Mid  Hants  Ry.  Co.,  264 
AVinder,  Br  parte,  305 
Windham  r.  Graham,  97 

Windsor,    Staines,    &    South   Western 

liailway  Act,  Jic,  282 
AVing  V.  Angrave,  150 
Winter,  Er  parte,  340 
Winterhottom,  Re,  439,  440,  458 
AVincertield  v.  Bra.lnum,  19,  132 
AVinthrop  v.  Murray,  56,  75,  88 

—  V.  Royal  Exchange  Assurance  Co.,  7 
AVisdeu  v.  AVisden,  97,  177 

AVise  V.  AVise,  109,  222 

AVise's  Trusts,  Re,  315 

Wiseman's  Trusts,  Re,  325 

AVitham  r.  Vane,  120 

A\^ithey  v.  Haigh,  67 

AA'itt  V.  Corcoran,  58,  158 

AVitts  V.  Campbell,  13 

AVolIam  v.  Hearn,  259 

AVollaston  r.  AVoUaston,  170 

AYolley  v.  Brownhill,  122 

AVombell   v.   Corporation  of  Barnsley 

461 
AVonham  v.  Machin,  224,  225 
AVontner  v.  AYright,  225,  228 
AYood  V.  Abrey,  248 

—  V.  Barker,  109 

—  V.  Boucher,  68 

—  V.  Scarth,  253 

—  r.  AVeightman,  407 
AVoodard,  Re,  448,  457 

—  r.  Eastern  Counties  Rj-.  Co.,  120 
AA^oodburn's  Trust,  Re,  283,  310 

— 's  AVill,  Jic,  313,  314,  325 
Woodcock  V.  King,  79,  214 

—  V.    Oxford,    AVolverhampton,  and 
Worcester  Ry.  Co.,  66 

AVoodhead  z'.  Marriott,  179 

AVoodmau  v.  Higgins,  229 

AVood's  Case,  279 

— 's  Settled  Estates,  Re,  290 

— 's  Trusts,  Jic,  323 

AVoods,  In  re,  Ee  jw.rtc  Dittou,  4'>7 

—  V.  AYoods,  485 
AVoodward  v.  ]\liller,  255 

Woolf  r.  Pemberton,  355,  357,  359 
WooUey,  Er  yarfp,  307 
— 's  E.^tate,  Roj  308 


liv 


TABLE    OF   CASES. 


Woolletf-,  Re,  473 

AVoolmer,  E.r  jiartc,  274 

AVootton  V.  "Woottoii,  05 

Worgaii  r.  Eyder,  217 

AVormall  v.  Willianison,  60 

AVormsley,  Re,  Dailies  v.  Woniisley,  30, 

484 
AVorrall  v.  Haifoul,  367 

—  r.  Joliiison,  551 

—  r.  White,  14 
Worth,  //(  re,  204,  437 
Worthaui,  Re,  71 

—  r.  Lord  Dacre,  262 
Wragg  v.  Morley,  189 
Wreuch  v.  Wynne,  72 
Wright  V.  Castle,  87,  89 

—  V.  Chard,  133,  369 

—  V.  Clitibrd,  52,  90  ' 

—  V.  Howard,  107,  114,  258 

—  V.  Hunter,  99 

—  V.  KiH)y,  197,  224 

—  V.  Larniuth,  192 

—  V.  Mudie,  134,  563 

—  V.  Swindon  Ry.  Co.,  83,  341 

—  V.  Tathain,  79,  216 

—  V.  Wilkin,  31 

—  V.  Wright,  345 
Wroe   V.  Seed,  181 
Wroughton  r.  Colquhoiin,  201,  202 
AVyatt  V.  Cook,  238,  250 
Wyche,  In  re,  389,  456 
AVykham  v.  Wykhani,  96 
Wylani  r.  Clarke,  108 

Wylly's  Trusts,  Re,  315,  316 
Wyinan  r.  Bockett,  495,  501 
Wynier  v.  Dodds,  35,  80,  540 
Wynn  r.  Slorgan,  254 


Y. 


Yalden,  Ex -parte,  7?e  Austin,  556 
Yates,  Ex  parte,  285 

—  V.  Conipton,  349 

—  V.  Farebrother,  221,  263 
Yearsley  v.  Yearsley,  61,  70,  490 
Yeates,  Re,  289,  297 
Yeatinan  v.  Eead,  55 

Yeo  V.  Tateni,  The  Orient,  160 
Yeoiuans  r.  Haynes,  192 
Yetts,  Re,  438,  439 

—  V.  Biles,  66 

—  r.  Hilton,  386 

Yglesias  v.  Eoyal  Exchange  Corjiora- 

tion,  488 
Yockney  v.  Hansard,  98 
York  %-.  Brown,  389 

—  &    North    ilidland     Ey.    Co.    v. 
Hudson,  67 

York  Union   Banking   Co.  v.  Artley, 

198 
Yorke  v.  M'Laughlin,  7 
Yorkshire    Waggon    Co.    v.    Newport 

Coal  Co.,  119 
Youde  r.  Cloud,  407,  409 
Young,  Re,  Young  r.  Dolman,  172 

—  V.  English,  554 

—  r.  Everest,  200,  203 

—  V.  Fernie,  100 

—  V.  JIartin,  173 

—  r.  Sutton,  244 

—  X.  Young,  242 


ADDENDA    ET    COERIGENDA. 


Pago.  Lino. 

U  13.  Add  "  In  Browa  v.  North  (C.  A.),  W.  N.  (1882),  56  ;  30  W.  R.  531,  the 
general  rule  was  .stated  to  be,  tluit  where  a  married  woman  lias  no  visible 
means  of  payment,  she  ought  not  to  be  allowed  to  sue  alone  without  giving 
security  for  costs,  but  that  the  rule  did  not  apply  where  she  had  sueh 
means." 

68     37.  Add,  "  See  Li  re  Satfon,  W.  N.  (1882),  68  ;  30  W.  11.  657.".  _ 

102  16.  Add,  "As  to  the  costs  where  the  plaintitf  succeeds  on  .some  Issues  and  is 

nonsuited  on  others,  see  Abhutt  v.  Andrews,  8  (J.  B.  D.  6i8. 
15     11.  He  Carta  Para  OiM  Mining  Co.,  is  now  reported  19  Ch.  D.  457. 
08     19.  Add  references  to  Re  Foster  v.  Ut.  jrcstcrn  llij.  Co.,  8  Q.  1j.  D,   515  ;  and 

Witt  V.  Corcoran,  2  Ch.  D.  69. 

103  5.  Add  a  reference  to  HcatknY.  Newton,  19  CIi.  D.  326. 

107  30.  Add  a  reference  to  In  re  Cooper,  Cooper  v.  Vesey,  W.  N.  (1882),  55  ;  30  W. 
II.  648. 

117     36.  Add  a  reference  to  Broufjhton  v.  Keij,  W.  N.  (1882),  3. 

120  10.  Hornhy  v.  Cardwcll  is  now  reported  8  Q.  B.  D.  329  ;  and  add  references  to 
WUiiams  V.  South  Eastern  Rij.  Co.,  26  W.  R.  352  ;  and  PiUer  v.  Roberts, 
W.  N.  (1882),  78  ;  30  W.  R.  595. 

131       2.  Sparrow  v.  Hill  was  reversed  on  appeal,  8  ().  B.  D.  479. 

143  16.  Add,  "Where  an  appellant  is  ordered  to  give  security  for  costs  within  a 
certain  time,  and  fails  to  do  so,  his  right  of  appeal  is  utterly  extinguished, 
and  liis  appeal  will  be  dismissed  with  costs  {Harris  v.  Fleini/aj,  30  W.  R. 
555)." 

158  7.  Add,  "  A  defendant  to  an  action  which  has  been  dismissed  without  costs,  if 
howi.shesto  ol)tain  leave  from  the  Court  to  appeal  on  the  question  of  costs, 
should  Ttpply  at  the  time  when  the  action  is  so  dismissed  ;  and  such  leave 
will  not  be  given  on  an  application  b}'  the  defendant  for  that  purpose 
after  the  plaintiff  has  given  notice  of,  and  set  down,  an  ajtpeal  from  the 
dismissal  of  the  action\Maij  v.  Thompson  (2),  W.  N.  (1882),  53)." 

158  27.  Add,  "The  authority  of  these  cases,  however,  seems  to  be  .somewhat  shaken 

by  the  recent  case  of  Turner  v.  Hancock  (C.  A.),  W.  N.  (1882),  47.  It 
would  appear  that  any  order  directing  a  trustee  to  pay  costs,  or  depriving 
him  of  costs,  may  now  be  appealed  against." 

159  32.  Hornby  v.  Cardwcll  is  now  reported,  8  Q.  15.  D.  329. 

191  7.  Add,  "In  Lewis  v.  Trask,  W.  N.  (1882)  68,  however,  the  tru.stee  in  bank- 
ruptcy of  the  defendant,  a  defaulting  trustee,  was  only  held  entitled  to  the 
defendant's  costs  of  the  action  incurred  subsequently  to  the  bankru[itcy, 
provided  the  defendant  first  i)aid  into  eoiirt  the  amount  in  which  he  was 
in  default  ;  but  see  Clare  v.  Clare,  \V.  N.  (1882),  72." 

205     30.  For  59  Geo.  III.,  c.  91,  read  52  Geo.  III.,  c.  101. 

212     32.   For  59  Geo.  III.,  c.  91,  read  52  Geo.  III.,  c.  101. 

223  27.  Add,  "  So  where  mortgagees  were  wrongly  ordered  to  pay  costs  (//(  re  Cooper, 
Cooper  V.  Vesey,  30  W.  R.  648  ;  W.  N.  (1882)  55)." 

232     17.  Add  a  reference  to  Twrner  v.  Haneoek,  W.  N.  (1882),  47. 

269  37.  Add  "  A  bond  fide  creditor  who  presents  a  petition  in  ignorance  of  a  jirior 
petition,  is  entitled  to  his  costs  up  to  the  time  when  lie  has  notice  of  the 
prior  petition,  and  if  he  has  good  reason  to  suppose  that  the  other  is  not 
a  bona,  fide  one,  he  may  proceed  with  his  own,  and  will  be  allowed  his 
costs  (/ii  re  General  Financial  Bank,  30  AV.  R.  417).'' 


Ivi 


ADDENDA   ET    CORIUGENDA. 


Page. 
320 


382 
3S5 


579. 
605. 


Lino, 
36. 


33. 

26. 


343       2. 


3G1 

18. 

b70 

20. 

431 

17. 

499 

3. 

533 

37. 

Add  "Trustees  wlio  are  made  resiiondeiits  and  have  aeeepted  42s.  for  tlieir 
costs  under  1!.  S.  C.  (Costs),  Sclied.  r.  17,  will  not  be  allowed  their  costs 
of  appearing  on  the  petition,  nnless  they  come  for  some  irseful  purpose 
{la  re  Snfton,  30  AV.  E.  657  ;  AV.  N.  (1882)  68)." 

Add  "A  receiver  cannot  he  brought  before  the  Court  except  in  cases  of 
personal  misconduct,  nor  unless  in  such  a  case  can  costs  be  asked  against 
him  {In  rr  Wrflru  Brick  Co.,  30  AV.  U.  445  ;  i^er  Jessel,  M.  E.)." 

Add,  "  The  right  of  the  solicitor  to  a  trustee  in  bankruptcy  to  be  paid  his 
costs  out  of  the  estate  is  only  the  right  of  his  client  the  trustee  ;  he  has 
no  independent  right ;  and  if  either  the  trustee  or  the  solicitor  has  been 
guilty  of  misconduct,  the  Court  can  refuse  to  allow  the  solicitor's  costs  to 
be  paid  out  of  the  estate,  and  this  notwithstanding  the  costs  have  beea 
taxed,  and  an  allocatur  made  by  the  Taxing  Master  (Ex  ixirtc  Harper, 
In  re  FooUy  (C.  A.)  AV.  N.  (1882),  70  ;  30  W.  E.  650.)" 

Add  references  to  Lewis  v.  Trask,  AV,  N.  (1882),  68  ;  and  Clave  v.  Clare 
id:,  p.  72. 

Add,  "And  see  Brcnrn  v.  North,  W.  K  (1882),  56." 

Add  a  reference  to  Price  v.  iMayo,  AV.  N.  (1873),  81  ;  21  AV.  K.  539. 

Add,  "But  see  Thomas  v.  PaJin,  ^Y.  K  (1882),  81." 

Add  a  reference  to  Smith  v.  Chadicick,  20  Ch.  i).  81. 

Add,  "It  is  now  the  practice  to  append  to  a  writ  of  attachment  issued  in 
cases  falling  under  s.  4  of  the  Debtor's  Act,  1869,  a  note  in  the  following 
terms: — 'Xote:  This  writ  does  not  authorise  an  imprisonment  for  any 
longer  period  than  one  year.'  And  where  this  has  been  done,  it  is  un- 
necessary to  obtain  any  order  for  the  discharge  of  the  jirisoner  at  the 
expiration  of  his  year  of  im])risonment.  (In  re  Eduxirds,  Brooke  y. 
Edwards,  30  AV.  E.  656  ;  AV.  N.  (1882),  73)." 

For  "Of  notice  to  the  .sheriff  marked  as  a  seal  of  renewal,"  read  "Or 
notice  to  the  sheriff  marked  with  a  seal  of  renewal." 

and  38.  For  "Administrations,"  read  "Admissions." 


TABLE    OF   CASES   IN   ADDENDA. 
— ♦ — 


Abbott  r.  Andrews. 

Erookfi  V.  Edwards,  la  re  Edwards, 
liroughton  v.  Ke}'. 
Brown  v.  North. 

Carta  Para  Gold  ]\Iining  Co.,  He. 

Clare  v.  Clare. 

Cooper,  la  re,  Cooper  r.  Vesey. 

Edwards,  la  re,  Brooke  r.  Edwards. 
Foster  r.  Great  AVestern  Ey.  Co.,  Be 

General  Financial  llank,  La  re. 

Harper,  E.r.  •parte,  la  re  Pooley. 
Harris  v.  Fleming. 
Heatley  r.  Newton. 
Hornby  v.  Cardwell. 


I    Lewis  r.  Trask. 

! 

May  r.  Thompson, 

Filler  r.  Eoberts. 

Pooley,  In  re,  E.v  2>arte  Harper. 

Price  V.  Mayo. 

Smith  r.  Chadwick. 
Sparrow  v.  Hill. 
Sutton,  III  re. 

Thomas  v.  Palin. 
Turner  i:  Hancock. 

AVetley  Brick  Co.,  la  re. 
AVilliams  v.  South  Eastern  Ey.  Co. 
AVitt  V.  Corcoran. 


COSTS 


CHANCEPtY   DIVISION. 


CHAPTER   I. 

COSTS   GENERALLY. 


Prior  to  the  passing  of  the  Judicature  Acts  different  Former 
rules  prevailed  as  to  costs  in  Courts  of  Equity  and  Courts  l^ll^^^  ^° 
of  Common  Law.  In  the  former,  costs  were  always  in  the 
discretion  of  the  Court ;  in  the  latter,  the  general  rule  was 
that  the  costs  followed  the  event  and  were  given  to  the 
party  who  was  successful.  The  Statute  of  Gloucester, 
passed  in  the  6th  Ed.  I.,  was  the  foundation  of  the 
Common  Law  jurisdiction  as  to  costs.  This  statute  gave 
to  the  plaintiff  in  an  action  the  right  to  recover  his  costs 
if  he  succeeded  in  obtaining  any  damages,  which  right  was 
modified  and  regulated  by  a  variety  of  statutes  passed  in 
later  times  ;  and  subsequently  a  right  to  costs  was  con- 
ferred upon  successful  defendants.  All  these  statutes, 
however,  proceeded  upon  the  same  principle,  that  of 
making  the  party  who  was  worsted  bear  the  expense 
occasioned  by  the  litigation ;  and  the  general  rule,  there- 
fore, was  that  in  a  Court  of  Common  Law  the  successful 
litigant,  whether  plaintiff  or  defendant,  was  entitled  to 
recover  his  costs.  To  this  general  rule,  however,  many  ex- 
ceptions were  from  time  to  time  created  by  various  Acts 
of  Parliament,  until  the  rules  as  to  costs  at  Common  Law 
became  extremely  complicated.     The  enactments  on  the 

1r, 


2  COSTS    GENERALLY. 

subject  were  very  numerous,  but  the  whole  of  them  with 
one  exception  have  now  been  repealed  by  the  Judicature 
Act,  1875  :  see  Garuett  v.  Bradley,  3  App.  Cas.  944;  26 
W.  R.  G98  ;  Parsons  v.  Tinting,  2  C.  P.  D.  119  ;  Ex 
parte  Mercers'  Company,  10  Ch.  D.  481  ;  27  W.  R.  424  ; 
Tenant  &  Co.  v.  Ellis  d  Co.  6  Q.  B.  D.  46.     The  one  ex- 

Couuty       ception  is  the  County  Courts  Act,  1867,  30  &  31  Vict.  c. 

ise;''  '  142,  s.  5,  which  provides  that  if  in  any  action  in  a  superior 
court  the  plaintiff  recovers  a  sum  not  exceeding  £20  in  an 
action  of  contract,  or  £10  in  an  action  of  tort  he  shall  not 
be  entitled  to  any  costs  unless  (1)  the  judge  certify  for 
costs,  or  (2)  the  Court  or  a  judge  at  chambers  shall  allow 
them.  This  Act  was  held  to  apply  to  all  actions  without 
distinction,  but  is  now  by  s.  67  of  the  Judicature  Act, 
1873,  limited  to  such  actions  as  can  be  brought  in  a  County 
Court. 

R.  S.  c.  It  is  now  provided  (R.    S.    C.  Ord.    LV.,  r.   1)    that 

r.  i!  subject  to  the  provisions  of  the  Judicature  Act,  the  costs 

of  and  incident  to  all  proceedings  in  the  High  Court 
shall  be  in  the  discretion  of  the  Court,  but  nothing  con- 
tained in  this  rule  is  to  deprive  a  trustee,  mortgagee,  or 
other  person  of  any  right  to  costs  out  of  a  particular  estate 
or  fund  to  which  he  would  be  entitled  according  to  the 
rules  hitherto  acted  upon  in  Courts  of  Equity  :  provided 
that  where  any  action  or  issue  is  tried  by  a  jury,  the  costs 
shall  follow  the  event,  unless  upon  application  made  at  the 
trial  for  good  cause  shown  the  judge  before  whom  such 
action  or  issue  is  tried  or  the  couil  shall  otherwise  order. 
The  Judicature  Act,  1875,  s.  33,  provides  that,  "From 
and  after  the  commencement  of  this  Act  there  shall  be 
repealed "  certain  specified  Acts,  and  also  "  any  other 
enactment  inconsistent  with  this  Act  or  the  principal  Act." 
The  only  provision  in  the  Judicature  Acts  in  connection 
with  the  subject  of  costs  to  which  Ord.  LV.  appears  to  be 
subject  is  s.  67  of  the  Act  of  1873,  which  makes  the  pro- 
visions contained  in  the  fifth,  seventh,  eighth,  and  tenth 
sections  of  the  County  Courts  Act,  1867,  applicable  to  all 


t'()8TS    GENKltALLV.  B 

actions  in  tlie   High  Court  of  Justice,  in  which  an}^  relief 
is  sought  which  can  be  given  in  a  County  Court. 

The   result   therefore   is   that  in  the    Queen's   Bench  Costs  ia 
Division  :  £«;«"'' 

I.  If  the  trial  be  before  a  judge  alone,  the  costs  are  Division, 
absolutely  in  his  discretion. 

II.  If  the  trial  be  by  judge  and  jury,  the  costs  follow  the 
event : 

(i.)  Unless  upon  application  made  at  the  trial  and 
for  good  cause  shown,  the  judge  or  the  Court 
otherwise  order ; 
or,  (ii.)  Unless  the  action  be  one  which  could  be  tried  in 
a  County  Court,  and  the  result  of  the  trial  show 
that  it  ought  to  have  been.     If  the  jury  find 
for  a  sum  not   exceeding  ;£20  in  an  action   of 
contract,  or  not  exceeding  ^£10  in  an  action  of 
tort,  the  plaintiff  will  be  punished  for  not  suing  in 
the  County  Court  by  being  deprived  of  his  costs, 
unless   the  judge   will   certify   that  the  action 
was  one  fit  to  be  tried  in  the  Superior  Court. 
In  the  Chancery  Division,  however,  the  costs  are  always  Costs 
in  the  discretion  of  the  Court,  as  they  were   in  the  old  *(?jj*^cei7 
Court  of  Chancery,  subject  only  to  the  provisions  of  the  Division. 
County  Courts  Act,  1867,  s.  5  (R.  S.  C.  Ord.  LV.,  r.  1. ; 
Jud.    Act,  1873,   s.   67) ;    for  a  judge  of  the    Chancery 
Division  cannot  try  a  case  with  a  jury  {Clarl-e  v.  Cookson, 
2  Ch.  D.  746  ;  Warner  v.  Murdoch,  4  Ch.  D.  750). 

There  are  three  ways  in  which  costs  awarded  by  any  Three  ways 
judgment,  decree,  or  order  of  the  Chancery  Division  may  °osts!^^°^ 
be  taxed  : 

I.  As  between  party  and  party  ; 
II.  As  between  solicitor  and  client ; 
III.  As  between  solicitor  and  client,  but  with  the  addi- 
tion of  other  charges  and  expenses  properly  incurred  but 
not  strictly  costs  of  suit. 

By  R.  S.  C.  (Costs)  Sched.  r.  28,  the  rules,  orders,  and 
practice  as  to  costs  and  the  taxation  of  costs  existing  prior 


4  COSTS    GENERALLY. 

to  1875,  except  where  altered  by  the  new  rules  or  by  the 
Act  itself,  are  to  remain  in  force  in  the  Chancery  Division 
{Pringle  v.  Gloag,  10  Ch.  D.  676). 
First,  as  I.  When  costs  are  directed  to  be  taxed  simply,  without 

^art  ^and  ^"^  farther  direction,  they  will  be  taxed  as  between  party 
party.  and  party  ;  and  this,  although  the  party  to  whom  the  costs 
are  awarded  would  according  to  the  ordinary  practice  of 
the  Court  be  entitled  to  his  costs  as  between  solicitor  and 
client,  or  to  his  costs,  charges,  and  expenses.  If  therefore 
the  costs  are  intended  to  be  taxed  as  between  solicitor  and 
client,  or  any  costs,  charges, and  expenses  not  strictly  costs 
of  suit  are  to  be  allowed,  or  the  taxation  is  in  any  respect 
to  vary  from  taxation  as  between  party  and  party, 
this  should  be  expressed  in  the  judgment  decree  or  order 
(Seton,  p.  124). 

As  to  what  costs  will  be  allowed  on  taxation  as  between 
party  and  party,  seeposf,  ch.  YIII.  The  general  principle 
of  such  a  taxation  is  that  the  successful  party  shall  receive 
only  such  costs  as  were  necessary  to  enable  him  to  conduct 
the  litigation. 
Secondly,  u  When,  on  the  other  hand,  costs  are  directed  to  be 
solicitor  taxed  "as  between  solicitor  and  client,"  a  much  more 
and  client,  liberal  allowance  Avill  be  made.  The  party  in  whose 
favour  such  an  order  is  made  is  entitled  to  receive  all 
such  costs  as  a  solicitor  would  reasonably  incur  in  the 
ordinary  conduct  of  his  client's  case.  Thus  in  a  case  of 
more  than  ordinary  difhculty  the  Court  allowed  the  costs 
of  a  consultation  with  a  Queen's  Counsel  to  settle  the 
draft  bill,  though  of  course  no  such  allowance  would  have 
made  "  as  between  party  and  party  "  {Forster  v.  Davies, 
32  Beav.  624  ;  11  W.  R.  813).  But  it  is  not  every  charge 
to  which  the  solicitor  would  be  entitled  as  against  his  own 
client,  which  will  be  allowed  by  the  taxing-master.  Extra- 
ordinary costs  will  be  disallowed,  as  for  instance  where  by 
the  client's  own  instructions  an  unusual  number  of  counsel 
were  employed,  or  where  the  costs  were  incurred  through 
the  party's  own  default  in  incurring  a  contempt.     The 


COSTS    GENERALLY. 


particular  actions  in  which,  and  the  particular  persons  to 
whom,  costs  as  between  solicitor  and  client  are  ordinarily 
awarded,  will  be  discussed  in  subsequent  chapters. 

A  distinction  is  made  by  the  taxing-master,  without 
special  directions,  first,  wdiere  the  costs  are  to  be  paid  by 
another  party  personally  or  out  of  a  fund  belonging  wholly 
to  other  parties ;  secondly,  where  they  are  to  be  paid  out 
of  a  fund  in  which  the  party  receiving  costs  has  a  common 
interest  with  other  parties  ;  thirdly,  where  the  fund  out  of 
which  they  are  to  be  paid  belongs  wholly  to  the  party  him- 
self (Seton,  p.  124  ;  1  Smith's  Ch.  Pr.  1081).  When 
costs  are  given  out  of  a  fund  they  are  ordered  to  be  paid 
to  the  solicitors  of  the  parties  ;  in  all  other  cases  to  the 
parties  themselves. 

Costs  as  between  solicitor  and  client  are  also  occasion-  Costs  as 
ally  awarded  by  the  Court  in  cases  of  scandal  or  miscon-  ^^^^^ses- 
duct,  by  way  of  marking  its  disapproval.  But  the 
difference  between  solicitor  and  client  costs  and  party 
and  party  costs  in  an  action  cannot  be  given  by  way  of 
damages  in  the  same  action,  the  latter  being  all  that  the 
successful  party  is  entitled  to  {Cockburn  v.  Echvards, 
(C.  A.)18  Ch.  D.  449).  The  judge  has  no  discretion  to 
impose  costs  by  way  of  penalty,  beyond  the  costs  of  the  suit 
{Willmott  V.  Barber,  W.  N.  (1881)  107). 

III.    Trustees,  executors,  and  administrators  are  usually  Thirdly, 

allowed  their  costs  of  suit  as  between  solicitor  and  client  T*'^' 

!•      1  r       1  charges, 

out  ot    the  trust   funds  or  the  general    estate  ;    and,   in  and  ex- 
addition  to  costs  of  suit,  all  other  costs,  charges,  and  ex-  p^"'*^'*- 
penses  properly  incurred  by  them  in  the  execution  of  the 
trust  or  the  administration  of  the  estate. 

It  should  be  stated  to  the  Court  that  such  additional 
costs,  charges,  and  expenses  have  actually  been  incurred, 
and  the  order  will  then  provide  for  their  taxation  and 
payment ;  but  this  is  not  absolutely  necessary,  for  though 
not  mentioned,  they  will  be  allowed  by  implication  as 
"just  allowances,"  under  Cons.  Ord.  XXIII,  r.  3  6  {Fectrns 
v.  Young,  10  Ves.  184 ;  Artmrd  v.  Broadbourne,  2  Ch. 


6  COSTS   GENERALLY. 

Ca.  138).  In  an  old  case  (Humphrys  v.  Moore,  2  Atk. 
108),  it  was  held  that  executors  were  not  entitled  to  their 
charges  and  expenses  on  taxation  without  an  express 
direction,  on  the  ground  that  they  were  presumed  to 
retain  them. 

The  charges  and  expenses  of  trustees  are  not  "  costs 
incident  to  proceedings  in  the  High  Court,"  and  therefore 
are  not  within  the  provisions  of  R  S.  C.  Ord.  LV.,  r.  1, 
and  consequent]}^  not  "  in  the  discretion  of  the  Court "  in 
the  ordinary  sense  of  the  term.  Of  course  the  Court  may 
deprive  a  trustee  of  his  charges  and  expenses,  but  to  do 
this  has  been  called  a  "  violent  "  exercise  of  the  Court's 
discretion,  and  such  an  order  is  only  made  in  very  special 
circumstances,  and  when  the  tnistee  has  been  guilty  of 
gross  misconduct  {In  re  Chennell ;  Jones  v.  Chennell, 
8  Ch.  D.  492 ;  47  L.  J.  Ch.  583  ;  20  W.  R.  595 ;  38  L. 
T.  494). 
Mort-  A  mortgagee  will  also  be  allowed,  in  addition  to  his 

gagees.  costs  of  a  foreclosure  or  redemption  action,  all  costs, 
charges,  and  expenses  propei'ly  incurred  in  relation  to  his 
security  ;  see  post,  ch.  IV.  s.  VII. 


CHAPTER  II. 


SECURITY   FOR   COSTS. 


When  the  sole  plaintiff  is  resident  or  (if  there  be  By  whom  to 
more  than  one)  all  the  plaintiffs  are  resident  out  of  the  i_  AVhea 
jurisdiction,  and  whether  such  plaintiff  is  a  Sovereign,  a*!|!r^'""^' 
Sovereign  State,  a  corporation,  or  an  individual  (Rejjuhlic  of  the 
of  Costa  Rica  v.  Erlanger,  3  Ch.  D.  G2  ;  24  W.  R.  955  ;  ^^y^f'""- 
35  L.  T.  19),  any  defendant  may  require  the  plaintiff  or 
plaintiffs  to  give  security  for  costs.  But  the  possession 
of  real  estate  within  the  jurisdiction  is  a  good  answer  to 
an  application  for  security  {Kilkenny  Railway  v.  Feilden, 
G  Ex.  81).  The  rule  formerly  applied  to  residents  in 
Scotland  (Kerr  v.  Duchess  of  Manster,  Bunb.  35  ;  Kx 
parte  Latta,  3  De  G.  &  S.  186;  In  re  Fast  Llangynog 
Mining  Co.,  23  W.  R.  587 ;  W.  N.  (1875),  81)  ;  and  Ire- 
land {Hill  v.  Reardon,  G  Mad.  4G ;  Moloney  v.  Smith, 
1  M'Clel.  &  Y.  213 ;  Craig  v.  Bolton,  2  Bro.  C.  C.  G09  ; 
White  v.  Carroll,  Ir.  R.  8  C.  L.  29G  ;  Clarhe  v.  Crolcer, 
ibid.,  318;  Corner  v.  Irwin,  ihid.,  504;  Yorke  v. 
M'Laughlin,  ibid.,  547)  ;  the  Judgments  Extension  Act, 
1868,  31  &  32  Vict.  c.  54,  being  held  to  apply  only  to 
actions  at  law.  But  now  it  is  submitted  that  that  Act 
is  extended  to  all  proceedings  in  any  Division  of  the  High 
Court,  by  the  Judicature  Act,  1873,  s.  76  ;  and  that  there- 
fore residents  in  Scotland  or  Ireland  are  now  exempted 
from  giving  security ;  and  see  Keegan  v.  Keegan,  7  L.  R. 
Ir.  101.  No  order  will  be  made  on  a  plaintiff  residing 
abroad  to  give  security  for  costs,  if  there  are  co-plaintiffs 
residing  in  England  {Wintliorp  v.  Royal  Exchange  As- 
surance Co.,  1  Dick.  282  ;  Walker  v.  Easterby,  G  Ves.  612  ; 
see,  however,  Hanmer  v.  Mangles,  12  M.  &  W.  813)  ; 
sed  qucere,  where  all  the  plaintiffs  are  out  of  the  juris- 


SECURITY    FOR   COSTS. 


diction,  but  one  of  them  sues  by  a  next  friend  in  this 
country  {Lander  v.  Parr,  16  L.  J.  Ch.  269;  and  see 
Smith  V.  Etches,  1  H.  &  M.  558).  The  defendant  is 
equally  entitled  to  security  whether  the  plaintiff  is  de- 
scribed as  resident  out  of  the  jurisdiction,  or  has  gone 
abroad  at  any  time  after  the  institution  of  the  suit  (Xo- 
nergan  v.  Rokehy,  2  Dick.  799 ;  ^Veel•s\.  Cole,  14  Ves.  518; 
Vale  V.  Offert,  22  W.  R  629 ;  30  L.  T.  457)  ;  or  was  in  fact 
resident  abroad  at  the  time  when  the  suit  was  instituted, 
though  not  so  described.  But  the  plaintiff  must  be  resi- 
dent abroad  and  not  merely  there  on  a  visit  or  for  a 
temporary  purpose,  without  abandoning  his  residence  in 
this  country  {Green  v.  Charnock,  1  Ves.  jun.  396 ;  2  Cox, 
284  ;  Hoby  v.  Hitchcock,  5  Ves.  699  ;  Blakency  v.  Dufaur, 
2  De  G.  M.  &  G.  771  ;  Edivardes  v.  Burke,  9  L.  T.  406). 
In  O'Conner  v.  Sierra  Nevada  Co.,  23  Beav.  608, 
24  Beav.  435,  security  seems  to  have  been  required  from 
a  plaintiff  who  had  gone  abroad,  after  bill  filed,  merely  on 
matters  connected  with  the  suit — a  case  difficult  to  reconcile 
with  the  earlier  decisions  ;  see  particularly  Wh  ite  v.  Great- 
head,  15  Ves.  2,  and  Green  v.  Charnock,  1  Ves.  jun.  396. 
In  Blakeney  v.  Dufaur,  2  DeG.  M.&  G.  771,  the  plaintiff 
was  in  embarrassed  circumstances  and  had  gone  to  Jersey 
to  avoid  his  creditors,  and  the  Court  held  that  he  was 
"  resident  abroad,"  and  must  give  security.  In  the  same 
way  security  was  required  from  a  plaintiff  who  had  given 
up  his  house  in  England  since  the  filing  of  the  bill  and 
gone  to  reside  abroad,  as  he  stated,  for  a  temporary  abode, 
but  who  left  it  uncertain  whether  and  when  he  intended 
to  return  {Kennaway  v.  Tripp,  11  Beav.  588 ;  and  see 
Stewart  v.  Steiuart,  20  Beav.  322).  The  plaintiff  will  not 
be  required  to  give  security  if  he  is  abroad  in  some  official 
capacity  on  the  public  service:  as  in  Colehrook  v.  Jones, 
1  Dick.  154,  where  the  plaintiff  was  a  consul  abroad; 
Evelyn  v.  Chippendcde  9  Sim.  497,  where  the  plaintiff 
was  a  half-pay  officer  who  had  resided  sixteen  years  in 
Barbadoes,  where  he  held  the  offices  of  harbour-master 
and  captain  of  the  port;   and  see  Fisher  v.  Bunhury^ 


SECURITY   FOll    COSTS.  9 

Sau.  &  Sc.  625.  But  it  must  distinctly  appear  that  the 
plaintiff  is  abroad  on  the  public  service.  In  Lillie  v. 
Lillie,  2  My.  &  K.  404,  the  plaintiff  was  described  in  the 
bill  as  '  a  lieutenant  in  Her  Majesty's  58th  regiment, 
resident  at  Ceylon  in  the  East  Indies  ; '  and  it  was  held 
that  he  must  give  security,  though  it  appeared  that  the 
regiment  was  in  Ceylon.  In  Clark  v.  Fergusson,  1  Giff. 
184,  the  plaintiff  was  described  as  'a  lieutenant  in  her 
Majesty's  ship  Gladiator,  now  on  service,'  and  he  was 
exempted  from  giving  security.  There  seems  to  be  no 
exemption  in  favour  of  a  seafaring  man  {Stewart  v. 
Stetvart.  20  Beav.  322),  though  the  contrary  was  held  in 
Goivran  v.  Barnett,  Sau.  &  Sc.  G51.  A  peer,  if  resident 
abroad,  must  give  security  {Lord  Aldhorough  v.  Burton, 
2  My.  &  K.  401),  even  though  he  possesses  large  estates 
in  this  country  {Lord  Lucan  v.  Latouche,  1  Hog. 
448 ;  but  see  Kilkenny  By.  v.  Fielden,  6  Ex.  81). 
Security  will  not  be  required  merely  because  the 
plaintiff  intends  to  go  abroad.  In  Baddeley  v.  Harding, 
G  Mad.  214,  where  the  plaintiff  had  been  convicted  of 
a  misdemeanour  and  sentenced  to  be  transported  for 
seven  years,  but  was  then  in  prison  in  this  country,  a 
motion  that  he  should  give  security  was  refused  ;  and 
aee  Seilaz  v.  Hanson,  5  Ves.  2G1.  Again,  a  foreigner, 
usually  residing  abroad,  but  temporarily  resident  here, 
will  not  be  required  to  give  security,  though  it  is  not 
denied  that  he  intends  to  return  to  his  own  country 
{(kimhottie  v.  Inngate,  1  W.  R.  533  ;  Bedondo  v. 
Chaytor,  4  Q.  B.  D.  453  ;  27  W.  R.  701  ;  40  L.  T.  797, 
Aviicre  the  cases  are  discussed  in  an  elaborate  judgment 
by  Thesiger,  L.  J. ;  Ainslic  v.  Sims,  17  Beav.  57,  must  be 
taken  to  be  overruled  ;  and  see  Anon,  5  L.  J.  Ch.  (Old  S.) 
71);  but  secus,  if  he  cannot  be  found  at  the  address  in 
this  country  given  by  him  {Perrot  v.  Novelli,  9  Jur.  770  ; 
and  see  Svxinzy  v.  Sivanzy,  4  K.  &  J.  237 ;  27  L.  J.  Ch. 
419).  Executors  and  administrators,  if  out  of  the  juris- 
diction, must  give  security  {SJunu  v.  Dempsey,  Sau.  &  Sc. 
628) ;  and  even  where,  on  the  death  of  a  plaintiff  from 


10  SECURITY   FOR    COSTS. 

whom  security  might  have  been,  but  was  not,  required, 
they  obtained  the  common  order  for  revivor  {Jackson  v. 
Davenport,  29  Beav.  212;  7  Jur.  N.  S.  1224).  In 
Desprez  v.  Mitchell,  5  Mad.  87,  a  defendant  obtained,  on 
motion  in  the  Court  of  Chancery,  security  for  the  costs  of 
an  action  at  law  which,  at  the  hearing,  the  phiintiff,  who 
was  out  of  the  jurisdiction,  had  obtained  leave  to  bring  ; 
but  see  Hilton  v.  Lord  Granville,  5  Beav.  263.  When 
the  plaintiff  comes  within  the  jurisdiction  the.  order  will 
be  discharged  {Matheivs  v.  CJiichester,  30  Beav.  135 
O'Conner  v.  Sierra  Xevada  Company,  24  Beav.  435). 

2.  An  A.n  ambassador's  servant,  being  a  person  privileged 
ambassa-     ^jj^der  7  Ann.  c.  12,  must  give  security  for  costs  (Goodivin 

(lor  s  scr-  "  "^  7  •    1 

vant,  but    v.   Avchev,  2  p.  Wms.  452  ;  Adderly  v.  Smith,  1   Dick. 

bassadJir    '^^'^  >  ^'^<^>'i'>  ^los.  175)  ;  but,  sernhle,  not  an  ambassador 

himself  {Duhe  de  Montellano  v.  Christ  in,  5  M.  t<c  S.  503). 

3.  Where  The  mere  fact  of  tlie  plaintiff  not  describing,  or  in- 
the  i)iaiu-    siif^cientlv   dcscribinof    his    residence,    is    not    of    itself 

tin  mis-  -^  o  ... 

desciibes  sufficient  to  entitle  the  defendant  to  require  him  to  give 
lieuceforis  security  {Hwrst  v.  Padwicl;  12  Jur.  21),  though  the  con- 
keeping  trary  seems  to  have  been  held  in  Sandys  v.  Long,  2  My. 
^vay.  &  K.  487  ;  see  this  case  commented  on  by  Lord  Cottenham, 

C,  in  Hurst  v.  PadvAch.  There  must  be  a  fraudulent 
intention  to  keep  out  of  the  way  {Hurst  v.  Padwicl- ; 
Lumley  v.  Hughes,  2  W,  K.  112  ;  Simpson  v.  Burton, 
1  Beav.  556  ;  Griffiths  v.  liicketts,  5  Ha.  105  ;  Knight  v. 
Cory,  1  N.  R.  229).  If  the  plaintiff  cannot  be  found  at 
the  place  of  which  he  is  described,  and  no  information 
can  be  obtained  from  his  solicitors,  he  must  give  se- 
curity :  see  Bailey  v.  Gundry,  1  Keen,  53  ;  Manhy  v. 
Beiuicke,  8  De  G.  M.  &  G.  468;  2  Jur.  N.  S.  671, 
overruling  S.  C.  3  W.  R  646;  1  Jur.  N.  S.  1015. 
In  the  latter  case  the  decision  of  Wood,  V.C.  below, 
went  on  the  grounds  that  the  plaintiff  had  paid  the 
costs  of  a  demurrer  allowed,  wliich  fact  outweighed 
the  evidence  of  his  not  being  found ;  but  this  circum- 
stance does  not  seem  to  have  been  adverted  to  by  the 
Lords  Justices.     In   Oldale  v.  Whitcher,  5  Jur.  N.  S.  84, 


SECURITY   FOR   COSTS.  11 

S.  C.  mh  nam.  Oldale  v.  Whitehead,  7  W.  R.  157,  the 
plaintiff's  affidavit,  in  answer  to  evidence  that  inquiry- 
had  been  made  for  him,  but  he  could  not  be  found  at  the 
place  of  which  he  was  described,  stated  that  '  he  occupied 
and  rented  apartments  there,  and  his  wife  and  family 
resided  there,'  and  he  was  ordered  to  give  security.  In 
Sandys  v.  Whateley,  2  Jur.  1058,  it  was  held  that  the 
plaintiff  was  sufficiently  described  as  rector  of  a  certain 
parish,  although  it  appeared  he  was  travelling  about  the 
country.  In  Kiiight  v.  Cory,  1  N.  R.  229,  Wood,  V.  C. 
held  that  where  the  plaintiff  could  not  be  found  at  the 
place  of  which  he  was  described,  the  defendant  ought  to 
communicate  with  the  plaintiff's  solicitors ;  and  he  made 
the  defendant  pay  the  costs  of  the  motion  because  he  had 
omitted  to  do  so.  It  seems,  however,  to  have  been  other- 
wise held  in  Ireland  {Sliaiu  v.  Dempsey,  Sau.  &  Sc.  628). 
In  Smith  v.  Cornfoot,  1  De  G.  &  S.  684,  the  misdescrip- 
tion having  been  innocently  inserted,  and  the  defendants 
admitting  that  they  knew  the  plaintiff's  real  address,  the 
Court  refused  the  motion,  but  gave  the  defendant  his 
costs  on  his  not  putting  the  plaintiff  to  amend  his  bill ; 
see  also  Lamb  v.  Fottrell,  Ir.  Rep.  8  Eq.  69.  As  to  an 
insufficient  description,  see  Sihbering  v.  Umi  of  Bal- 
carras,  1  De  G.  &  S.  683,  where  the  motion  was  ordered 
to  stand  over  for  the  plaintiff  to  amend  his  description  of 
himself.  In  Player  v.  Anderson,  15  Sim.  104,  the 
plaintiff,  whose  residence  was  correctly  described  when 
the  bill  was  filed,  was  ordered  to  give  security  because  he 
had  since  frequently  changed  his  abode  ;  see  Hutchinson 
V.  Swift,  13  W.  R.  532  ;  Calvert  v.  Day,  2  Yo.  &  Coll. 
217 ;  Fraser  v.  Palmer,  3  Yo.  &  Coll.  279 ;  and  Dick  v. 
Munden,  13  W.  R.  1013,  where  the  plaintiff  was  allowed 
to  amend  instead  of  giving  security.  Security  will  not  be 
required  on  account  of  an  error  in  the  plaintiff's  descrip- 
tion ;  see  Watts  v.  Kelly,  6  W.  R.  206,  where  the 
plaintiff,  a  letter-carrier,  was  described  as  a  ''clerk." 

Security  for   costs  on  the   ground   of  poverty  may   be  4.  By  the 
T   n  1  .p-ic  -1  lii  le.xt  friend 

requu-ed  from  the  next  friend  of  a  married  woman,  \n\i  not 


12  SE(JL'IUTY   F01{    COfc^TS. 

of  a  mar-  froiu  the  next  friend  of  an  infant.  A  distinction  between 
!.!f,r,o„  tlie  next  friend  of  a  married  woman  and  the  next  friend  of 
but  not  of  an  infant,  appears  to  have  been  first  drawn  in  Penninfjton 
on  account  V.  Alviii  (cor.  Sir  J.  Leach,  V.  C),  1  S.  &  S.  264;  and  it 
of  poverty,  jg  ^qw  settled,  1st,  that  any  person  may  bring  an  action 
in  the  name  of  an  infant,  and  that  security  for  costs  will 
not  be  required  from  an  infant's  next  friend  (either  original 
or  substituted)  on  account  of  his  poverty  [Davenimrt  v. 
Davenport,  1  S.  &  S.  101 ;  Penninfjton  v.  Alv'm  ;  Felloivs 
V.  Barrett,  1  Keen,  119  ;  Murrellv.  Claioham,  8  Sim.  74  ; 
Nalder  v.  HavMns,  2  My.  c^-  K.  243) ;  and  2ndly,  tliat 
the  next  friend  of  a  married  woman  must  be  a  person  of 
substance,  and  the  Court  will  on  the  defendant's  applica- 
tion, and  evidence  of  the  next  friend's  poverty,  order  the 
next  friend  to  be  changed  or  security  for  costs  to  be  given 
{Pennington  v.  Alvin,  1  S.  &  S.  264 ;  Diinan  v.  Mannix, 
3  Dr.  &  W.  154  ;  Stevens  v.  Williams,  1  Sim.  N.  S.  545  ; 
Wilton  v.  Hill,  2  Be  G.  M.  &  G.  807  ;  Hind  v.  Whitmore, 
2  K.  cl-  J.  458  ;  4  \V.  R.  379  ;  Elliot  v.  Ince,  7  De  G.  M. 
&  G.  475  ;  Macann  v.  Borradaile,  16  W.  R  175  ;  W.  N. 
(1867),  283,  following  Wilton  v.  Hill).  But  the  onus  is 
on  a  defendant,  who  seeks  to  have  a  next  friend  removed 
on  the  ground  of  insolvency  to  make  out  a  clear  case 
(Giacometti  v.  Prodgers,  21  W.  R.  282) ;  and  there  must 
be  a  distinct  allegation  that  he  is  believed  to  be  insolvent 
or  unable  to  answer  the  costs  of  the  suit,  a  mere  state- 
ment of  belief  that  he  is  poor  not  being  sufficient  (Beach 
v.  Sleddon,'39  L.  J.  Oh.  123). 

Where  the  next  friend  could  not  produce  any  authority 
from  the  wife,  but  deposed  that  he  was  a  man  of  substance, 
V.  C.  Bacon  refused  to  dismiss  the  action  or  order  security 
for  costs  to  be  given  ;  but  the  Court  of  Appeal  dismissed 
the  action  with  costs,  to  be  paid  by  the  solicitors  of  the 
next  friend  (Schjott  v.  Schjott,  19  Ch.  D.  94). 

If  a  married  woman  and  infants  sue  by  the  same  next 
friend,  security  may  be  obtained  (Pennington  v.  Alvin,  1 
S.  &  S.  264  ;  Brinan  v.  Mannix,  3  Dr.  &  W.  154).  And 
the  circumstance  that  there  are  other  plaintiffs    on    the 


SKCUrUTY    Fdll    COASTS.  13 

record,  will  not  in  every  case  prevent  the  next  friend  of  a 
married  woman  Laving  to  give  security  for  costs  :  see 
Smith  V.  Etches,  1  H.  &  M.  558;  9  Jur.  N.  S.  1228;  10 
Jur.  N.  S.  124,  where  a  husband  who  had  become  bank- 
rupt and  his  wife  by  her  next  friend  being  co-plaintiffs 
in  a  suit  for  the  redemption  of  the  wife's  estate,  Wood, 
V.  C,  made  the  wife's  next  friend  give  security  for  costs  : 
see  also  Plcard  v.  Him,  5  Ch.  27-i  ;  18  W.  R.  75.  And 
in  Balguy  v.  Broadhurst,  2  W.  R.  (380,  a  female  adult 
co-plaintiff,  on  being  appointed  next  friend  for  her  mother 
and  brothers 'and  sisters,  had  to  give  security.  In  Jones 
V.  Fmvcett,  2  Ph.  278,  overruling  S.  C.  11  Jur.  687,  the 
Court  even  refused,  on  the  application  of  a  plaintiff,  a 
married  woman,  to  remove  her  next  friend,  and  to  appoint 
another,  where  it  was  evident  that  the  defendant's  security 
for  costs  would  be  thereb}'  prejudiced. 

If  the  next  friend,  whether  of  an  infant  or  a  married  Where  next 
woman,  is  changed  in  the  cour.-je  of  the  suit,  he  must  give  pl^an^ed. 
security  for  the  costs  already  incurred,  and  proceedings 
will  be  stayed  in  the  meantime  (Witts  v.  Campbell,  12 
Yes.  493  ;  Davenport  v.  Davenport,  1  S.  &  S.  101  ;  Payne 
V.  Little,  14  Beav.  647)  ;  and  semhle,  the  proper  security 
is  a  bond  of  the  former  next  friend,  and  a  responsible 
surety  in  a  sufficient  amount  (Payne  v.  Little,  16  Beav. 
563).  A  next  friend  is,  of  course,  in  other  respects  in  the 
same  position  as  an  ordinary  plaintiff,  and  must  give 
security  for  costs,  if  resident  out  of  the  jurisdiction  (Alcoch 
V.  Alcoch,  5  De  G.  &  S.  671),  or  if  insufficiently  described 
(Major  V.  Arnott,  2  Jur.  N.  S.  80  ;  4  W.  R.  229).  But  it  is 
immaterial  that  an  infant  plaintiff  is  resident  out  of  the  juris- 
diction if  the  next  friend  is  amenable  (Kerr  v.  Gillespie,  7 
Beav.  269) ;  and  semhle,  also  in  the  case  of  a  married  woman 
■plaintiff  (Lander  v.  Parr,  16  L.  J.  Ch.  269).  A  married 
woman  may,  by  special  leave,  sue  in  forma  pauperis 
without  a  next  friend  (Hind  v.  Whitm,ore,  2  K.  &  J.  458, 
and  cases  there  cited),  and  such  leave  can  be  obtained 
ex  parte  (Wellesley  \.  Mornimjtov,  2  W.  R.  514;  In  re 


]4  .sEt  ri;ITY    Ftili    COSTS. 

Lancaster,  2  W.  R.  337;  18  Jur.  22!»,  overruling  Paiff'  v. 
Page,  1  W.  R.  202). 

Now  by  R.  S.  C.  Ord.  XVI.,  r.  8,  married  women 
are  empowered  t<i  sue  as  plaintiffs  by  their  next  friends  in 
the  manner  practised  in  the  Court  of  Chancery  before  the 
passing  of  the  Judicature  Act  ;  and  may  also,  by  the  leave 
of  the  Court  or  a  judge,  sue  or  defend  without  their 
Ini.sbands  and  without  a  next  friend,  on  giving  such 
security  (if  any)  for  costs  as  the  Court  or  a  judge  may 
re(|uire.  Where  a  married  woman  (defending)  was  in  receipt 
of  a  separate  income  of  £1  ,')00  a  year,  .slie  was  not  required 
to  give  security  (Xoe?  v.  Noel,  13  Ch.  D.  510  ;  28  W.  R. 
720  ;  42  L.  T.  3.")2) ;  and  the  judge  has  complete  and  un- 
fettered judicial  discretion  under  the  present  practice  to  allow 
a  married  woman  to  sue  either  alone  or  by  a  next  friend,  and 
either  with  or  without  giving  security  for  costs  (Murtaiio 
V.  Mann  (C.  A.),  14  Ch.  D.  410  ;  40  L.  J.  Ch.  510  ;  42 
L.  T.  800  ;  Khig^rmni  v.  Kimfsmnn,  G  Q.  B.  D.  122)J^f^^^ 

The  general  rule  is  perfectly  clear  that  the  Court  will 
not  require  sec\irity  for  costs  from  any  plaintiff  merely  on 
account  of  his  poverty.  But  in  Burhe  v.  Lklu'ell,  1  Jo.  & 
Lilt.  703,  S.  C.  sob  noiit.  Burlc  v.  Hntcliivaon,  7  Ir.  Eq. 
Rep.  508,  where  the  plaintiff  was  a  pauper  to  whom  an  old 
judgment  had  been  assigned  in  trust  for  a  solicitor,  the 
beneficial  owner,  for  the  purpose  of  instituting  the  suit  to 
enforce  it,  Sir  E.  Sugden,  L.  C,  ordered  the  plaintiff  to 
give  security  for  costs.  This  case,  however,  which  the 
Court  considered  one  of  gross  fraud,  depended  on  the 
special  circumstances,  and  would  probably  not  be  generally 
followed.  See  the  comments  upon  it  by  Sir  E.  Sugden 
himself  in  Worrall  v.  ^yh^te,  3  Jo.  &  Lat.  513.  There  is 
also  a  case  in  the  Exchequer  {TredweU  v.  Byrch,  1  Yo.  &: 
Coll.  Ex.  47G),  in  which  a  plaintiff,  who  filed  a  bill  on  behalf 
of  himself  and  all  other  the  rated  inhabitants  of  a  parish 
against  certain  commissioners,  alleging  a  breach  of  trust, 
was  ordered  to  find  security  for  costs  on  account  of  his  in- 
solvency.    And  in  a  recent  case  in  the  Probate  Division,  a 


SECURITY    FOR    COSTS'.  1 . j 

plaintiff  who  had  executed  a  deed  of  assignment  of  all  his 

property  to  an  assignee,  was  required  to  give  security  for 

the  costs  of  suit,  unless  he  could  satisfy  the  Court  of  liis 

solvency  {The  Lake  Megantk,  36  L.  T.  183).     Where  the  insolvent 

plaintiff  became  insolvent,  and  filed  a  liquidation  petition,  petitioner. 

he  was  ordered  to  give  security  both  for  past  and  future 

costs  {Brochlehanlc  v.  Kings  Lynn  Steamship  Co.,  3  C. 

P.  D.  365  ;  47  L.  J.  C.  P.  D.  321 ;  27  W.  R  94  ;  38  L.  T. 

489).     Similarly,  an  insolvent  petitioner  will  be   ordered 

to  give  security,  proceedings    under  the   petition   being 

.stayed  in  the  meantime  (i2e  Carta  Para  Gold  Mining       ( <i  qv rjn^s^ y 

Co^.,  W.  N.  (1S81),  166;  30  W.  R.  117.     In  Macnecd  v.       "  ' 

Biggart,  18  W.  R  470,  a  case  at  law  in  Ireland,  a  nominal 

plaintiff  who  was  a  pauper  was  compelled  to  give  security 

for  costs,  thou"li  the  action  was  broufjht  under  the  direction 

of  the  Court  of  Chancery  to  try  a  right. 

A  relator  in  a  cliarity  suit,  however,  may,  it  seems,  be  (,.  i>y  ^ 
required  to  give  security  for  costs  on  the  ground  of  his  i^°"^;  ^'^^^' 
poverty  (Att.-Gen.  v.  Skinners    Company,   1  C.  P.  Coop,  cliarity 
],  5;  Att.-Gcn.  v.  Mayor  of  Rochester,  Ueg.  lib.  A.  fol.  ^"''• 
271,  cited  in  Shelford  on  Mortmain,  425).     But  where  in 
an  information  and  bill  the  relator  was  also  the  plaintiff,  it 
was  held  that  security  could  not  be  required  {Att.-Gen.  v. 
Knight,  3  My.  &  Cr.  154).     In  the  last  case  the  defen- 
dants proceeded  by  memorial  to  the    Attorney-General, 
but  in  the  two  former  cases  by  motion  to  the  Court. 

By  25  &  26  Vict.  c.  89  (The  Companies  Act,  1862),  s.  69, 
it  is  enacted  that : 

"  Where  a  limited  company  is  plaintiff  or  pursuer  in  any  ;.  -when 
action,  suit,  or  le^al  proceedinij,  any  iudoe  havinfj  iurisdic-  "^  l'""*'^'^' . 

or  o'        .;  J       o  o  J  ^         company  is 

tion  in  the  matter  may,  if  it  appears  by  any  credible  plaintiff, 
testimony  that  there  is  reason  to  believe  that,  if  the  defen- 
dant should  be  successful  in  his  defence,  the  assets  of  the 
company  will  be  insufficient  to  pay  his  costs,  require 
sufficient  .security  to  be  given  for  such  costs,  and  may  stay 
all  proceedings  until  .such  security  is  given." 

This  section  does  not  alter  the  principle  on  Avhich  the 


16  SECURITY    FOR    COSTS. 

Court  refuses  to  allow  a  defendant  in  a  cross  suit  to  call  on 
the  plaintiff  in  the  cross  suit  to  give  security  for  costs  ;  and 
therefore  where  a  company  was  plaintiff  in  a  suit  to  set 
aside  a  policy  on  which  the  defendant  was  then  suing  the 
company  at  law,  the  Court  refused  to  order  the  company 
to  give  security  {Accidental  Co.  v.  Mercati,  3  Eq.  200). 
Secus,  where  the  second  suit  is  not  strictly  a  cross  suit 
(Wcishoe  Mining  Co.  v.  Ferguson,  2  Eq.  371  ;  Moscow 
Gas  Co.  V.  Internationnl  Financial  Society,  7  Ch.  22."), 
where  it  was  said  that  whenever  a  suit  was  instituted  in 
the  name  of  a  company  which  was  being  wound  up, 
security  for  costs  must  be  given,  whether  the  suit  were  a 
purely  cross  suit  or  not).  And  the  fact  of  a  plaintiff  com- 
pany being  in  liquidation  is  sufficient  "  reason  to  believe  " 
the  assets  to  be  insufficient,  unless  evidence  to  the  con- 
trary is  given  (Korthamjyfon  Coal  Co.  v.  Midland  Waggon 
Co.,  7  Ch.  D.  500,  26  W.  R.  485  ;  37  L.  T.  82);  and  see  also 
Freehold  Land,  .IV.  Co.  v.  Spargo,^\.  N.  (18G8),  94.  'I'lio 
section  applies  only  to  limited  companies.  Where  an  un- 
limited company  was  being  wound  up  and  an  action  at  law 
Avas  brought  in  the  name  of  the  company,  the  Court  of 
Queen's  Bench  refused  to  order  the  plaintiffs  to  give 
security  {The  United  Ports  Co.  v.  Hill,  L.  R.  5  Q.  B. 
395).  Where  the  statement  of  claim  had  been  amended, 
thereby  making  a  new  case  and  greatly  increasing 
the  costs,  the  defendants  were  held  entitled  to  security 
{Xorthamjjton  Coal  Co.  v.  Midland  Waggon  Co.,  7 
Ch.  I).  500).  The  Court  may  direct  security  to  be  given 
for  the  costs  up  to  a  certain  stage  in  the  proceedings  and 
then  allow  the  application  to  be  renewed  {Western  of 
Canada  Oil  Co.  v.  Walker,  10  Ch.  628;  23  W.  R.  738). 
Under  the  repealed  Act,  20  &  21  Yict.  c.  14,  s.  24,  where 
the  words  were  "  if  it  be  proved  to  his  [the  judge's]  satis- 
faction," an  affidavit  by  the  defendant's  agent  to  the  effect 
stated  in  the  section  was  held,  if  unanswered,  a  sufficient 
ground  for  requiring  securit}'-  for  costs  {Official  Liquidators 
of  Sovthamj-iton,  d-c.  Co.  v.  Rawlins,   2  N.  R.   544 ;   0 


SECURITY   FOR   COSTS.  17 

Jur.  N.  S.  887 ;  S.  C  nom.  Official  Liquidators,  dx.  v. 
Pm7iod-,  11  W.  R.  978). 

In  Anglo -Danuhian  Co.  v.  Rogerson,  3  N,  R.  185  ;  10 
Jur.  N.  S.  87,  it  was  held  that  an  ex  parte  injunction 
could  not  be  granted  on  the  application  of  a  limited  com- 
pany, without  an  undertaking  as  to  damages  from  some 
responsible  person  ;  but  see  Pacific  Steam  Co.  v.  Gibbs,  14 
W.  R.  218;  13  L.  T.  431.  As  to  what  is  "sufficient 
security"  see  below,  p.  20. 

By  the  Life  Assurance  Companies  Act,  1870,  33  &  34 
Vict.  c.  Gl,  s.  21,  the  Court  cannot  give  a  hearing  to  a 
petition  to  wind  up  a  company  under  the  Act  until 
security  for  costs  to  such  amount  as  the  judge  shall  thnik 
reasonable  shall  be  given,  and  a  primd  facie  case  be 
established.  Where  a  company  had  passed  a  resolution  to 
wind  up  voluntarily,  Malins,  Y.  C.  held,  on  a  petition  being 
presented  for  compulsory  winding  up,  that  he  was  not 
bound  to  consider  whether  the  petition  stated  a  primd 
facie  case,  nor  to  order  security  for  costs  {In  re  British 
Alliance  Assurance  Corporation,  9  Ch.  D.  635  ;  26  W.  R. 
628). 

It  was  considered  irregular  for  plaintiffs  to  amend  by  Where 
striking    out    the   names   of    any   of    their   co-plaintiffs  ^^g^^lgj 
{Sloggett  v.   Collins,  13  Sim.  456),  but  leave  would  be  by  striking 
granted  on  special  application,  on  the  terms  of  security  ^f  co-piahi- 
being  given  for  the  costs  of  the  suit  {Att.-Oen.  v.  Cooper,  ti^^- 
3  My.  &  Cr.  258  ;  Lloyd  v.  Makeam,  6  Ves.  145  ;  Motteux 
V.  Machreth,  1  Ves.  jun.  142 ;  Felloives  v.  Deere,  3  Beav. 
353) ;  and  see  Drake  v.  Symes,  7  Jur.  N.  S.  399  ;  Davey  v. 
Bennett,  3  W.  R.  353;  Andreivs  v.  Mlson,  15  W.  R.  378. 
The  Court  will  not  make  an  order  to  join  a  number  of 
persons  as  plaintiffs  in  an  action  merely  by  way  of  giving  the 
defendant  a  security  for  his  costs  {De  Hart  v.  Stevenson, 
45  L.  J.  Q.  B.  575  ;  24  W.  R.  367). 

Security  for  costs  will  be  required  from  a  petitioner  8.  By  peti- 
under  the  same  circumstances  as  from  a  plaintiff:  see  Ex 
parte  Foley,  11  Beav.  456  ;  In  re  Latta,  3  De  G.  .t  S.  186 

c 


18 


SECURITY   FOR   COSTS. 


9.   By  ile- 
fendants. 


Not  from 
plaintiffs 
in  cross 


(where  the  petition  was  for  windiDg  up) ;  Ex  parte  Seidler, 
12  Sim.  106  (where  the  petition  was  under  an  Act  of 
Parliament)  ;  and  In  re  Pasmore,  1  Beav.  94 ;  In  re 
Norman,  11  Beav.  401 ;  In  re  Dolman,  11  Jur.  1095  (the 
petition  in  each  of  which  cases  was  for  taxation  of  a 
solicitor's  bill  of  costs).  See  also  In  re  Home  Assurance 
Association,  12  Eq.  112 ;  and  In  re  East  Llangynog 
Mining  Co.,  23  W.  R.  587 ;  W.  N.  (1875)  81. 

On  a  petition  for  taxation  the  petitioner,  if  out  of  the 
jurisdiction,  must  give  security  not  only  for  the  costs  of 
taxation,  but  also  for  the  amount  to  be  found  due  from  him 
{Anon.  12  Sim.  2G2;  Seton,  G12).  "Where  a  petition  is 
presented  in  a  cause,  security  \Yill  not  be  required  from  the 
petitioner,  if  he  is  a  party  to  the  suit  {Cochrane  v.  Fearon, 
18  Jur.  5G8)  ;  seciLS,  if  he  is  not  a  party  to  the  suit  {Drever 
V.  Maudesley,  5  Russ.  11  ;  Partington  v.  Beynohls,  6 
W.  K  307),  and  a  substantive  motion  for  the  purpose  may 
be  made  before  the  petition  comes  on  to  be  heard  {Atkins 
V.  Coole,  3  Drew.  G94)  ;  and  see  Glazhrook  v.  GiUatt,  9 
Beav.  492. 

In  Knox  V.  Broivn,  1  Cox,  359,  on  motion  of  the 
plaintiff  to  dismiss  his  own  bill  without  costs,  Lord  Thurlow 
ordered  the  defendant,  who  had  absconded,  to  find  security 
for  costs,  or,  in  default,  that  the  bill  should  be  dismissed 
without  costs ;  but  this  case  does  not  seem  to  have  been 
followed  :  see  Beames  on  Costs,  183.  Security  for  co.sts 
may  be  required  from  a  defendant  obtaining  the  conduct 
of  the  cause  {Mynn  v.  Hart,  9  Jur.  8G0),  and  from  a  defen- 
dant in  an  interpleader  suit,  being  in  the  position  of  a 
plaintiff,  if  resident  out  of  the  jurisdiction  {Smith  v> 
Hammond,  6  Sim.  10).  In  Annesley  v.  Simeon,  4  Madd. 
390,  cestiiis  que  trustent  (defendants)  were  restrained  from 
bringing  an  action  at  law  in  the  name  of  their  trustee  (a 
co-defendant)  till  security  was  given  for  the  costs  of  the 
action. 

A  person,  nominally  a  plaiutilf,  but  in  reality  a  defendant 
or  a  person  in  any  way  compelled  to  litigate,  cannot  be 


SECURITY  FOR   COSTS.  I*.) 

required  to  give  security  for  costs.  Thus,  a  plaintiff  in  a  suits,  or 
cross  suit  cannot  be  required  to  give  security  (Vincent  v.  compeUed 
Hunter,  5  Ha.  320  ;  Wild  v.  Murray,  18  Jur.  892;  2  W.  to  litigate. 
R.  613 ;  Accidental  Co.  v.  Mercati,  3  Eq.  200  ;  and  see 
Washoe  Mining  Co.  v.  Ferguson,  2  Eq.  371  ;  and  Moscow 
Gas  Co.  V.  International  Financial  Society,  7  Ch.  225). 
The  rule  was  held  to  apply  as  between  the  plaintiff 
in  the  original  suit  and  the  plaintiff  in  the  cross  suit, 
though  other  matters  were  comprised  in  the  cross  bill ; 
but  defendants  to  the  cross  suit,  not  parties  to  the 
original  suit,  might  have  security  {Wild  v.  Murray,  18 
Jur.  892  ;  Sloggett  v.  Viant,  13  Sim.  187).  A  litigant, 
resident  abroad,  who  is  made  plaintiff  in  an  interpleader 
issue,  but  does  not,  substantially,  occupy  the  position  of  the 
plaintiff  commencing  an  action,  will  not  be  ordered  to  give 
security  (Behnonte  v.  Aynard,  4  C.  P.  D.  221,  352 ;  40 
L.  T.  627 ;  S.  C.  suh  nora.  Behnonte  v.  Giltschoiu,  27  W.  R. 
789).  A  shareholder  in  a  company,  though  resident  out  of 
the  jurisdiction,  who  appears  to  oppose  a  petition  for 
winding  up  the  company,  of  course  cannot  be  required  to 
give  security  (In  re  Percy  Nickel  Co.,  2  Ch.  D.  531;  24  W. 
R.  1057).  See  further,  as  to  cross  suits,  Macgregor  v.  SJiaiu, 
2  De  G.  &  S.  360,  where  security  was  not  required ; 
Moscow  Gas  Co.  v.  International  Financial  Society,  7  Ch. 
225  ;  and  Tynte  v.  Hodge,  2  J.  &  H.  692,  where  the  bill 
sought  to  impeach  an  annuity  deed,  on  the  footing  of  which 
a  decree  had  been  already  made  in  a  former  suit,  and 
security  was  required  from  the  plaintiff,  being  out  of 
the  jurisdiction. 

A  defendant  who  admits  the  cause  of  action  sued  upon  Counter- 
and  sets  up  a  counterclaim  founded  upon  a  distinct  claim, 
is  not  entitled  to  security  for  costs  from  the  plaintiff,  a 
foreigner  residing  without  the  jurisdiction  {Winterjield  v. 
Bradnum,  3  Q.  B.  D.  324  ;  47  L.  J.  Q.  B.  270  ;  26  W.  R. 
472  ;  38  L.  T.  250). 

In  Maj)leson  v.  Masini,  5  Q.  B.  D.  144  ;  49  L.  J.  Q.  B. 
423  ;  28  W.  R.  488 ;  42  L.  T.  531,  the  plaintiff  sued  the 


20'  SECURITY   FOR    COSTS. 

defendant,  a  foreigner  residing  abroad,  for  breach  of  con- 
tract ;  the  defendant  by  his  defence  deaied  the  breaches, 
and  made  a  counterclaim  for  breaches  of  the  same  contract 
by  the  plaintiff,  claiming  damages  to  an  amonnt  less  than 
the  plaintiff's  claim ;  it  was  held  that  the  defendant  could 
not  be  ordered  to  give    security  for  the  plaintiff's  costs 
occasioned  by  the  counterclaim.     And  see  further  as  to 
security  for  costs  when  there  is  a  counterclaim,  The  Car- 
narvon Castle,  2G  W.  R.  876;  88  L.  T.  736;  The  Julia 
Fisher,  2  P.  D.  llo  ;  25  \V.  R.  756  ;  36  L.  T.  257. 
Application      The  old  rule  of  the  Court  of  Chancer}^  that  the  applica- 
may  be       tion  for  security  must  be  made  before  any  step  is  taken, 
made  at      j^^j  ^jsq  i\^q  Q\f[  j-^le  at  Common  Law  that  the  application 

any  time.  tip-  •    •        i 

must  be  made  before  is.sue  jomed,  are  abrogated  by  the 

new  rules,  and  the  Court  may  direct  security  for  costs  to 

be  given  at  any  stage  {Mariano  v.  Mann,  14  Ch.  D.  419  ; 

42  L.  T.  890;   and   see  Arhwright   v.  Xewhohl,  W.  N. 

(1880)  59). 
Form  of  The  order  is  that  all  proceedings  be  stayed  until  the 

plaintiff  gives  security  (Fox  v.Blcu',  5  Mad.  147);  and  for 

form  of  order  see  Seton,  1643. 
Amount  R-  S.  C.  Ord.  LV.,  r.  2  (Feb.  1876),  provides  that  "In 

and  form     ^^^  cause  or  matter  in  Avhich  security  for  costs  is  required, 

of  security.        •'  _  -^  ^ 

the  security  shall  be  of  such  amount  and  given  at  such 
time  or  times,  and  in  such  manner  or  form  as  the  Court 
or  a  judge  shall  direct."  This  rule  applies  to  suits  com- 
menced before  November,  1875  (Republic  of  Costa  Rica 
V.  Erlanger,  3  Ch.  D.  62  ;  24  W.  R.  955).  Cons.  Ord.  XL., 
r.  6,  provided  that  one  hundred  pounds  should  be  the  penal 
sum  in  the  bond  to  be  given  as  a  security  to  answer  costs 
by  any  plaintiff  who  is  out  of  the  jurisdiction  of  the  Court. 
Formerly  it  was  £40  only.  £100  is  still,  it  seems,  the 
proper  penalty  of  the  bond  to  be  given  in  all  ordinary 
cases  in  which  security  for  costs  is  required  by  the  Court 
{Bailey  v.  Gundry,  1  Keen,  53 ;  Paxton  v.  Bell,  24  W.  R. 
1013  ;  W.  N.  (1876)  221,  249) ;  and  see  Barry  \.  Jenkins, 
19  L.  T.  276 ;  but  in  a  proper  case  the  security  may  be 


SECFRTTY    FOR   COSTS.  21 

largely  increased,  and    may  in    fact  he   ordered   to  any 
amount  the  Court  thinks  tit,  in  accordance  with  tlie  old 
Common  Law  practice  (Massey  v.  Allen,  12  Ch.  D.  807  ; 
48  L.  J.  Ch.  692  ;  28  W.  R  243  ;  Sturla  v.  Freccia,  W.  N. 
(1878)  161  ;   Reimhlic  of  Costa  Rica  v.  Erlanger,  3  Ch. 
D.  62  ;  45  L.  J.  Ch.  743  ;  24  W.  R.  955).    Security  may  be  . 
ordered  for  past  as  well  as  future  costs  (Massey  v.  Allen ;  May  extend 
Brocklebank  v.  Kings  Lynn  SteamshiiJ  Co.,  3  C.  P.  D.  costs. 
365  ;  47  L.   J.  C.  P.  D.  321  ;   27  W.  R  94  ;  38  L.  T. 
489). 

The  amount  of  the  security  to  be  given  is  in  the  dis- 
cretion of  the  judge  to  whom  the  application  for  security 
is  made ;  but  if  he  proceeds  on  a  wrong  principle  the 
Court  of  Appeal  will  exercise  its  own  discretion :  see 
Sturla  V.  Freccia,  W.  N.  (1877)  166,  188,  where  an 
application  that  the  security  for  costs,  which  had  been 
ordered  to  the  amount  of  £oQ0,  might  be  increased  by 
£5,000,  was  refused  by  Malins,  V.  C,  but  the  Court  of 
Appeal  increased  the  amount  by  £1,000. 

In  the  case  of  a  company,  the  security  must  be  "  suffi- 
cient," and  must  be  for  an  amount  equal  to  the  probable 
amount  of  costs  payable  {Imperial  Bank  of  China  v. 
Banh  of  Hindustan,  1  Ch.  437  ;  12  Jur.  N.  S.  493  ; 
14  W.  R.  811  ;  Freehold  Land  Co.  v.  Sparrjo,  W.  N. 
(1868)  94).  In  Western  of  Canada  Oil  Co.  v.  ^yalher, 
10  Ch.  628,  security  was  ordered  sufficient  to  cover  the 
costs  of  the  defendant's  answers,  with  liberty  to  apply 
again  for  further  security  when  the  answers  had  been 
put  in. 

Where  a  petitioner  is  required  to  give  security,  ^640  Petitioner, 
is  generally  considered  a  sufficient  amount  {In  re  Pasmore, 
1  Beav.  94 ;  Atkins  v.  Cook,  5  W.  R  381)  ;  except  in  the 
case  of  a  petition  under  the  Companies  Acts  {In  re  Home 
Assurance,  12  Eq.  112;  Ex  jparte  Latta,  3  l)e  G.  &  S. 
186,  in  each  of  which  cases  £100  was  required).  The 
plaintiff  may,  instead  of  giving  security,  pay  into  Court 
the  £100,  together  with  a  sufficient  sum  to  cover  the 


lie  sure 
tics. 


22  SECURITY  roil   COSTS. 

expense  of  paying  it  in  and  gcttiug  it  out,  usually 
£120  {Cliffe  V.  WilUnson,  4  Sim.  122),  but  the  under- 
taking of  his  solicitor  to  be  answerable  for  the  costs  is 
not  sufficient  {Re  Norman,  11  Beav.  401). 

By  K  S.  C.  Ord.  LV.,  r.  3  (April,  1880),  where  a  bond  is 
to  be  given  as  security  for  co.sts,  it  shall,  unless  the  Court 
or  a  judge  otherwise  directs,  be  given  to  the  party  or 
person  requiring  the  security,  and  not  to  an  officer  of  the 
Court. 
Who  may  The  plaintiff's  proposed  sureties  must  be  solvent  persons 
(Clife  v.  WilJcinson,  4  Sim.  122),  and  it  is  improper  that 
his  solicitor  should  be  his  surety  {Ponton  v.  Labcrfouche, 

1  Ph.  265  ;  S.  C.  nom.  Ganteaiime  v.  Labertouche,  7  Jur. 
589);  but  in  Plestoiu  v.  Johnson,  l^Sm.  &  G.  app.  xx. ; 

2  W.  R.  3,  the  bond  of  the  British  Guarantee  Association, 
incorporated  by  Act  of  Parliament,  was  held  sufficient 
security.  And  the  bond  of  an  officer  in  the  army  whose 
regiment  is  at  the  time  quartered  in  Scotland  is  sufficient 
{Miller  V.  Hales,  17  Eq.  430 ;  43  L.  J.  Ch.  446  ;  22  W.  R 
625  ;  30  L.  T.  10).  If  the  surety  dies  or  becomes  bank- 
rupt, the  plaintiff  must  find  fresh  security  (Lautour  v. 
Tlolcombe,  1  Ph.  262;  Veitch  v.  Irving,  11  Sim.  122)  ;  but 
the  defendant  must  not  delay  his  application  for  that 
purpose,  otherwise  proceedings  will  not  be  stayed  in  the 
mean  time  {Lautour  v.  Holcombe). 

Each  In  Ogborne  v.  Bartlctt  (Beames  on  Costs,  app.  ix.)  the 

'\uiUeii"ui  ''^^signces  of  a  bankrupt,  on  being  made  defendants,  were 

separate      allowed    Security,    though    the    original    defendant    (the 

bccuu-j.      ■[).^^i|^^-^q-)t)  liad  previously  obtained  it  ;  and  in  Loivndes  v. 

liobertson,  4  Mad.  465,  it  was  held  that  each  defendant 

employing  a  separate  clerk  in  Court,  was  entitled  to  a 

separate  bond,  but  the    plaintiff  was  bound  to   pay  one 

bond  only. 

Appiica-  An  order  for  security  for  costs  cannot  be  obtained  as 

how- trie    0^  course;  a  special  application  must  be  made,  and  in 

made.         general   by  summons   in  Chambers   {Vale   v.   Ojfert,   22 

W.  R  629  ;  30  L.  T.  457 ;  and  see  Tynte  v.  Hodcfe,  2  J. 


SECURITY   FOK   COST«.  23 

&  H.  692).  The  order  may  also  be  made  on  motion. 
The  application  must  be  supported  by  affidavit,  and  it 
seems  that  evidence  of  belief,  putting  the  plaintiff  to 
answer^it,  is  sufficient  {Busk  v.  Beetham,  2  Beav.  537 ; 
Ainslie  v.  ^ims,  17  Beav.  57). 

'The  day  on  which  an  order  that  the  plaintiff  do  give  Effect  of 
security  for  costs  is  served,  and  the  time  thenceforward  °'''^^''" 
until  and  including  the  day  on  which  such  security  is 
given,  shall  not  be  reckoned  in  the  computation  of  time 
allowed  to  a  defendant  to  plead,  answer,  or  demur,  or  other- 
wise make  his  defence  to  the  suit '  (Cons.  Ord.  XXXVII., 
r.  14).  But  taking  out  a  summons  for  security  for  costs 
does  not  prevent  the  time  allowed  for  demurring  from 
running  {Henderson  v.  Atkins,  7  W.R.  318).  If,  therefore, 
there  is  danger  of  the  time  running  out  before  the  order 
can  be  obtained,  the  defendant,  it  would  seem,  should 
deliver  his  defence  or  demur,  giving  notice  that  he  does 
so  without  prejudice  to  his  right  of  security  for  costs 
{Drinan  v.  Mannix,  3  Dr.  &  W.  154). 

In  Gamac  v.  Grant,  1   Sim.  348,  Sir  A.  Hart,  V.  C,  Where 
ordered  that  a  plaintiff  who  had  made  default  in  giving  makes'^ 
security  should  give  security  within  a  limited  time,  or  his  f^pfauit  in 
bill  be  dismissed.     That  judge,  however,  appears  to  have  securfty. 
afterwards   doubted   the   correctness    of    his   order:    see 
2    Sim.    570.      And    it    was    disapproved    of    by   Lord 
Lyndhurst,  C,  in  Lautour  v.  Holcomhe,  1  Ph.  263,  264 ; 
and  by  V.  C.  Shadwcll,  in  Fort  v.  Bank   of  England, 
10  Sim.  616.     The  practice,  however,  is  now  settled,  after 
some  fluctuation  of  opinion,  in  accordance  with  Gamac  v. 
Grant;  see  Giddings  v.  Giddings,  10  Beav.  29,  where  all 
the  earlier  cases  are  collected    in    the    note  ;    Gooj^er  v. 
Burton,  1   N.   R   468  ;  Kennedy  v.  Bdwards,  11  Jur. 
N.  S.  153;  Gharras  v.  Bickering,  39  L.  J.  Ch.  190.     The 
time   limited   is   generally   a   fortnight.      The    dismissal 
will   be   with    costs    (Giddings   v.    Giddings).      But   a 
reasonable  time,  which  will  vary  according  to  the  circum- 
stances, must  elapse  between  the  original  order  for  the 


24  SECURITy  FOR   COSTS!. 

plaintiff  to  give  security,  and  the  order  limiting  the  time  ; 
see  O'Connor  v.  Sierra  Kevada  Company,  23  Beav.  608, 
where  the  motion  was  held  to  be  premature. 

Where  a  plaintiff  resided  in  Australia,  and  a  defendant 
obtained  the  usual  order  that  he  should  give  security  for 
costs,  the  Court  allowed  four  months  for  the  plaintiff  to  find 
such  security,  and  ordered  dismissal  of  the  bill  with  costs, 
unless  the  security  should  be  perfected  within  that  time 
{Grant  v.  Ingram,  20  L.  T.  70).  In  a  recent  case  at  law  it 
was  held  that,  where  the  plaintiff  has  failed  to  comply  with 
an  order  to  give  security  for  costs,  proceedings  having  been 
stayed  in  the  meantime,  the  action  may  be  dismissed  for 
want  of  prosecution  {La  Grange  v.  Mc Andrew,  4  Q.  B.  D. 
210  ;  48  L.  J.  Q.  B.  315  ;  27  W.  K  413 ;  39  L.  T.  500). 

Where  an  appellant  had  for  nine  months  neglected  to 
comply  with  an  order  that  he  should  give  security  for 
costs,  the  Court,  on  the  application  of  the  respondent,  made 
an  order  dismissing  the  appeal  with  costs,  for  want  of 
prosecution  {Judd  v.  Green,  4  Ch.  D.  784  ;  46  L.  J.  Ch. 
257;  35  L.  T.  873).  And  as  to  security  for  costs  of 
appeal  generally,  see  2)ost,  Ch.  III.,  s.  XI. 

There  are  certain  other  cases  provided  by  statute  in 
which  security  for  costs  may  be  ordered. 
In  place  of  By  the  County  Courts  Acts,  1867,  s.  10,  the  defendant, 
to'county  ^^^  ^^^J  ^ction  of  tort  brought  in  a  superior  Court,  may 
Court.  make  an  affidavit  that  the  plaintiff"  has  no  visible  means 
of  paying  the  defendant's  costs  should  a  verdict  be  not 
found  for  the  plaintiff,  and  thereupon  a  judge  of  the  Court 
in  which  the  action  is  brought  has  power  to  make  an 
order  that,  unless  the  plaintiff  shall  within  a  time  to  be 
therein  mentioned  give  full  security  for  the  defendant's 
costs,  or  satisfy  the  judge  that  he  has  a  cause  of  action  fit 
to  be  prosecuted  in  the  superior  Court,  all  proceedings  in 
the  action  shall  be  stayed,  or,  in  the  event  of  the  plaintiff 
being  unable  or  unwilling  to  give  such  security,  or  failing 
to  satisfy  the  judge  as  aforesaid,  that  the  cause  be  re- 
mitted for  trial  before  a  County  Court  therein  named. 


SECUKITY   FOR    COSTS.  2o 

By  the  Judicature  Act,  1873,  s.  07,  the  provisions  con- 
tained in  the  10th  section  of  the  County  Courts  Act, 
1867,  are  to  apply  to  all  actions  in  the  High  Court  of 
Justice,  in  which  any  relief  is  sought  which  can  be  given 
in  a  County  Court. 

The  time  for  giving  security  may  be  extended  at  any 
time  before  the  defendant  has  lodged  the  writ  and  order 
at  the  County  Court  {Welplyy.  Buhl,  3  Q.  B.  D.  80,  253). 

By  28  &  29  Vict.  c.  99,  s.  3,  a  judge  of  the  Chancery  On  trans- 
Division  on  granting  an  order  at  Chambers  for  transfer  of  County 
an  equitable  matter  from  a  County  Court  may  impose  Court. 
such  terms,  if  any,  as  to  security  for  costs  and  otherwise 
as  he  may  think  fit. 

Security  may  also  be  ordered  on  the  transfer  of  certain 
other  actions:  see  9  &  10  Vict.  c.  95,  s.  90;  19  &  20 
Vict.  c.  108,  s.  38. 

By  s.  93  of  the  C.  L.  P.  Act,  1854,  17  &  18  Vict.  c.  125,  in  actions 
the  plaintiff,  in    a    second  action  of  ejectment  for  the  ^g^Q^/ 
same    premises    against    the    same    defendant,   may    be  of  land, 
ordered  to  give  security  for  costs. 

In  an  action  brought  under  the  Conveyancing  Act, 
1881,  by  a  person  interested  in  a  right  of  redemption, 
and  seeking  a  sale,  the  Court,  on  the  application  of  any 
defendant,  may  order  the  plaintiff  to  give  such  security 
for  costs  as  it  thinks  fit  (44  &  45  Vict.  c.  41,  s.  25  (3)). 

As  to  security  for  costs  under  the  Declaration  of  Titles 
Act,  1862,  25  &  26  Vict.  c.  67,  s.  9,  see  In  re  Roberts, 
10  Eq.  402. 


0)'e  tcnus. 


CHAPTER    III. 

COSTS   OF   AN  ACTION   GENERALLY. 

Sect.  I. — Costs  of  Demurrers. 

Demurrers.  A  DEMURRER  miist  state  specifically  whether  it  is  to  the 
whole  or  to  a  part,  and  if  so,  to  what  part,  of  the  pleading 
of  the  opposite  party.  It  must  state  some  ground  in  law 
for  the  demurrer,  but  the  party  demurring  will  not,  on  the 
argument  of  the  demurrer,  be  limited  to  the  ground  so 

Frivolous  stated.  If  there  is  no  ground,  or  only  a  frivolous  ground 
of  demurrer  stated,  the  Court  or  judge  may  set  aside  such 
demurrer  with  costs  (R.  S.  C.  Ord.  XXVIIL,  r.  2). 

Demurrer  By  Cons.  Ord.  XIV.,  r.  1,  it  is  provided  that  where  any 
grounds  of  demurrer  are  urged  on  arguing  a  demurrer 
beyond  the  grounds  therein  expressed,  and  those  grounds 
which  are  so  expressed  are  disallowed,  the  defendant  shall 
pay  the  same  costs  as  if  the  demurrer  Avere  overruled, 
although  the  grounds  of  demurrer  so  newly  urged  may  be 
allowed. 

Where  the  demurrer  on  the  record  is  overruled  and  a 
demurrer  ore  teniis  allowed,  the  general  rule  is,  that  the 
party  demurring  must  pay  the  costs  of  the  demurrer  on 
the  record,  and  no  order  will  be  made  as  to  the  costs  of 
the  demurrer  ore  tenus  {Macyntire  v.  Connell,  1  Sim.  N. 
S.  257,  where  the  marginal  note  is  incorrect  ;  Attorney- 
General  V.  Broivn,  1  Swan.  265,  288  ;  Ward  v.  Sitting- 
hourne  d-  Sheerness  Ry.  Co.,  9  Ch.  488) ;  and  semhle,  the 
Court  will  not  be  disposed  to  depart  from  that  rule 
{Mortimer  v.  Fraser,  2  My.  &  Cr.  173).  In  Brown  v. 
Douglas,  11  Sim.  283,  however,  the  Court  refused  the 
plaintiff  the  costs  of   the  demurrer  on  the  record,  but 


COSTS   OF   DEMURRERS.  27 

allowed  tlic  demurrer  ore  teyius  without  costs ;  and  see 
Cooper  V.  Earl  Potuis,  8  De  G.  &  S.  688,  where  it  does 
not  appear  whether  the  plaintiff  had  the  costs  of  the  de- 
murrer on  the  record. 

Where  the  plaintiff,  on  a  demurrer  ore  tenus  for  want  of 
parties  being  allowed  with  leave  to  amend,  desired  to 
amend  more  extensively  than  by  adding  parties,  he  was 
required  to  pay  the  defendant  the  costs  of  the  demurrer 
{Neivton  v.  Earl  of  Egmont,  4  Sim.  574,  585). 

If  a  demurrer  is  not  entered,  and  notice  thereof  given  Demurrer 
within  ten  days  after  delivery,  and  the  party  whose  pleading  "e*ed?' 
is  demurred  to  does  not  within  such  time  serve  an  order 
for  leave  to  amend,  the  demurrer  will  be  held  sufficient 
for  the  same  purposes,  and  with  the  same  results  as  to 
costs  as  if  it  had  been  allowed  on  argument  (R  S.  C.  Ord. 
XXVITI.,  r.  6).  The  order  for  payment  of  these  costs  is  of 
course  {Jacobs  v.  Hooper,  1  W.  R.  Gl)  ;  and  see,  as  to  the 
effect  of  laches  on  the  costs,  Car)iphell  v.  Joyce,  2  Eq.  377, 
a  case  of  a  plea. 

"  While   a   demurrer  to   the  whole   or  any  part  of  a  Amend- 
pleading  is  pending,  such  pleading  shall  not  be  amended,  "en)j*iQ„ 
unless  by  order  of  the  Court  or  a  judge  ;  and  no  such  order  deimurer. 
shall  be   made    except  on   payment  of  the  costs  of  the 
demurrer"  (R.  S.  C.  Ord.  XXVIII.,  r.  7). 

"  Where  a  demurrer  to  the  whole  or  part  of  any  pleading  Demurrer 
is  allowed  upon  argument,  the  party  whose  pleading  is  thXor*° 
demurred  to  shall,  unless  the  Court  otherwise  order,  pay  pa-'t  »*  ''^"y 
tu   the    demurring    party   the   costs   of   the   demurrer "  ^'  *^^  '°°  ' 
(R.  S.  C.  Ord.  XXVIII.,  r.  8). 

"  If  a  demurrer  to  the  whole  of  a  statement  of  claim  be  to  the 
allowed,  the  plaintiff,  subject  to  the  power  of  the  Court  to  ^atement 
allow  the  statement  of  claim  to  be  amended,  shall  pay  to  of  claim. 
the  demurring  defendant  the  costs  of  the  action,  unless  the 
Court  shall  otherwise  order  "  (R.  S.  C.  Ord.  XXVIII.,  r.  9). 

These  two  rules  are  substantially  the  same  as  rule  13  of 
Cons.  Ord.  XIV.,  under  which,  though  not  so  provided, 
it  was  held  that  the  question  of  costs  was  in  the  discretion 


28 


COSTS    OF   AN   ACTION   GENERALLY. 


Demurrer 
allowed 
■without 
costs. 


of  tlie  Court ;  and,  for  the  purpose  of  determining  them, 
the  Court  would  regard  the  allegations  in  the  bill,  though 
admitted  only  for  the  purpose  of  the  demurrer  {Schneider 
V.  Lizardi,  9  Beav.  461) ;  and  see  Mayor,  &c.,  of  Basing- 
stoke V.  Lord  Bolton,  1  Drew.  270.  In  Vansittart  v. 
Vansittart,  4  K.  &  J.  62,  S.  C,  on  appeal,  2  De  G.  &  J. 
249,  which  was  a  suit  by  a  wife  for  specific  performance  of 
an  agreement  made  in  consideration  of  her  abandoning  a 
suit  for  divorce,  a  demurrer  by  the  husband  to  the  whole 
bill  was  allowed,  but  without  costs  ;  see,  however  per  L.  J. 
Knight  Bruce,  2  De  G.  &  J.,  p.  2o8.  But  in  Walrond  v. 
Walrond,  Johns.  18,  which  was  a  suit  for  specific  per- 
formance of  an  agreement  for  separation  simply,  the 
husband's  demurrer  was  allowed  with  costs.  In  Bothomley 
V.  Squires,  1  Jur.  N.  S.  694,  the  bill  stated  a  case  of 
fraudulent  collusion,  and  V.  C.  Kindersley  allowed  a  general 
demurrer,  on  the  ground  that  the  allegations  of  fraud 
were  too  general  ;  but  without  costs,  because  the  defen- 
dants, by  demurring,  had  admitted  the  fraud.  Sed  qu., 
for  the  fact  that  the  bill  contained  charges  of  fraud  was  no 
reason  for  not  demurring  {Neshitt  v.  Bervidge,  1  N.  R. 
345  ;  32  Beav.  282  ;  11  W.  R.  446  ;  9  Jur.  N.  S.  1044 ; 
but  see  S.  C.  on  appeal,  10  Jur.  N.  S.  53 ;  12  W..R.  283  ; 
and  see  also  Motion  v.  Moojen,  14  Eq.  202). 

When  a  statement  of  claim  alleged  particular  facts  which 
amounted  practically  to  a  charge  of  fraud  against  a  par- 
ticular defendant,  but  by  the  accidental  omission  of  several 
facts  the  pleading  was  technically  incomplete,  a  demurrer 
by  the  defendant  was  allowed  without  costs  but  with  leave 
to  amend,  and  the  costs  Avere  reserved  {Hodges  v.  Hodges, 
2  Ch.  D.  112  ;  24  W.  R.  293).  Where  the  plaintiff  charged 
fraud  against  the  demurring  defendants,  the  demurrers 
being  allowed  and  leave  to  amend  given,  the  question 
whether  their  costs  of  the  demurrers  should  be  paid  by  the 
plaintiff,  was  reserved  till  the  trial  of  the  action  {Diickett 
V.  Gover,  6  Ch.  D.  82  ;  25  W.  R.  455).  In  Fayne  v.  Dicker, 
6  Ch.  578,  a  demurrer  to  a  bill  filed  by  a  bankrupt  was 


COSTS   OF   DEMUIiREKS.  29 

under  the  circumstances  allowed  with  costs,  varying  the 
decree  of  Stuart,  V.  C,  and  liberty  to  amend  was  refused. 
Where  the  question  raised  was  whether  illegitimate 
children  could  take  under  a  gift  to  "children,"  Mahns, 
V.  C,  held  that,  though  the  law  was  clear  that  they  could 
not,  yet  it  was  equally  clear  that  they  were  intended  to 
take,  and  therefore  allowed  the  demurrer  but  without 
costs  {Ellis  V.  Houston,  10  Ch.  D.  24G ;  27  W.  R  oOl). 

It  seems  that  the  inclination  of  the  Court  is  not  to  refuse 
the  defendant  the  costs  of  a  demurrer  allowed :  see  per 
V.  C.  Wood,  Johns.  28.  Where  a  question  of  the  con- 
struction of  a  will  is  decided  on  demurrer,  the  Court  will, 
if  it  was  a  proper  question  to  raise,  give  the  costs  of  the 
demurrer  out  of  the  estate  {Evans  v.  Rosser,  3  N.  R  685). 

Where  a  demurrer  to  the  whole  bill  was  allowed,  but 
with  leave  to  amend,  the  plaintiff  paid  to  the  defendant 
the  costs  of  the  demurrer  only,  and  not  the  whole  costs  of 
the  suit  {Hammond  v.  Messenger,  9  Sim,  838). 

Where  several  demurrers  by  different  parties  had  been 
allowed,  one  set  of  costs  only  was  allowed  in  respect  of 
two  demurrers  put  in  by  defendants  appearing  by  the  same 
solicitor,  although  he  acted  as  agent  for  one  defendant  and 
directly -for  the  other  defendant'  {Walters  v.  Webb,  18  W 
R  86,  587). 

Where  an  amended  bill  was  filed,  but  a  copy  not  properly 
amended  was  served  upon  the  defendant,  who  demurred  to 
the  bill  as  served  upon  him,  it  was  ordered  that  the  de- 
murrer be  taken  off  the  file,  and  the  defendant's  appearance 
to  the  amended  bill  be  struck  out,  and  that  he  should  have 
his  costs  if  no  further  demurrer  were  filed  {HopJcin  v 
Ollard,  21  W.  R  285). 

An  order  allowing  a  demurrer  to  the  whole  bill  [state-  What  costs 
ment  of  claim]  carries   with  it  the  costs  of  a  pending  jj''^''^'^  "'^ 
motion  {Gladstone  v.  The  Ottoman  Bank,  1  N.  R  512),  to  whX 
even  where  the  motion  has  stood  over  at  the  request  of  ofSm"' 
the  defendant  {Finden  v.  Stephens,  12  Jur.  319,  overrulino-  allowed. 
S.  C.  11  Jur.  898).     But  if  leave  to  amend  is  given  the 


30         COSTS  OF  AN  ACTION  GENERALLY. 

mutiou  is  not  entirely  lost;  see  Harding  v.  Tingey, 
4  N.  K  10,  where  V.  C.  Kindersley,  following  the  decision 
of  V.  C.  Wood  in  Rawlmgs  v,  Lamhert,  1  J.  &  H.  458, 
gave  the  plaintiff  a  week  to  amend  his  bill  without  preju- 
dice to  the  motion,  and  if  the  motion  was  not  brought  on 
on  the  first  seal  day  after  the  week  the  plaintiff  to  pay  the 
costs  of  it.  In  Deiv  v.  Clarl-e,  1  S.  &  S.  108,  a  demurrer 
having'  been  allowed  to  a  bill  to  examine  witnesses  cle 
bene  esse,  the  plaintiff,  who  had  obtained  an  ex  ixirte 
order  for  the  examination  of  the  witnesses,  was  ordered 
to  pay  the  costs  of  the  depositions  but  not  of  the  cross- 
examination. 
.  In  Burr II  v.  Cro><key  (No.  3),  2  J.  &  H.  136  ;  10  W.  R.  76, 
a  motion  by  a  defendant,  whose  demurrer  to  the  whole 
bill  had  been  allowed,  for  the  Kecord  and  Writ  clerk  to 
strike  his  name  out  of  the  record,  was  allowed  with  costs. 
Deniuncr  "  Where  a  demurrer  is  overruled  the  demurring  party 
shall  pay  to  the  opposite  party  the  costs  occasioned  by 
the  denuirrer,  unless  the  Court  shall  otherwise  direct." 
(R.  S.  C.  Ord.  XXVIIL,  r.  11.) 
Demurrer  When  a  demurrer  on  two  grounds  succeeds  as  to  one  and 
partially      f^^jj^,  j^g  ^^  another  no  costs  are  given  on  either  side  {Benson 

overruled.  ° 

v.  Had  field,  5  Beav.  o46  ;  Allan  v.  Hoidden,  6  Beav.  148) ; 
but  in  Davis  v.  Read,  5  Sim.  443,  a  demurrer  by  a  witness 
to  two  interrogatories  was  allowed  as  to  one  and  over- 
ruled as  to  the  other,  and  the  Court  gave  the  witness 
half  his  costs.  In  Postgate  v.  Barnes,  1  N.  R  389,  where 
the  defendant  put  in  a  plea  to  part  of  the  bill  and  a 
demurrer  to  the  rest,  and  the  former  succeeded  and  the 
latter  failed,  no  costs  w^re  given  on  either  side. 
Demun-er        In  Reed  V.  O'Brien,  7  Beav.  32,  the  Court  oveiTuled  a 

overruled    demurrer  for  want  of  equity,  but  refused  the  plaintiff  the 

without  ^     /  / 

costs.  costs  of  it,  on  the  gi'ound  of  the  vagueness  and  uncertamty 

of  the  allegations  ;  and  see  Commins  v.  Scott,  20  Eq.  11 ; 

23  W.  R.    498 ;  32  L.  T.  420,  where  the  costs  were  made 

costs  in  the  cause.     In  Barber  v.  Barber,  4  Dr.  666,  a 

demurrer  to  the  jurisdiction  was  overruled  without  costs* 


COSTS   OF  DEMURRERS.  31 

on  the  ground  that  the  plaintiff  might  prove  to  be  en- 
titled to  some  relief,  though  not  to  tlie  principal  relief 
sought  by  his  bill. 

Where  a  demurrer  was  overruled,  but  the  question 
in  issue  had  been  raised  in  the  simplest  and  cheapest 
manner  by  the  course  taken  by  the  defendant,  no  costs  were 
given  against  him  {Willis  v.  Radford,  7  Ch.  7  ;  41  L.  J. 
Ch.  19  ;  20  W.  R  132  ;  25  L.  T.  720).  Where  a  demurrer 
is  ordered  to  stand  to  the  hearing  the  costs  will  generally 
be  reserved  {Cox  v.  Barker,  Barker  v.  Cox,  3  Ch.  I).  369). 
Under  the  old  practice  the  Court  often  hesitated  to  deter- 
mine on  demurrer  any  legal  question  of  great  difficulty, 
and  in  such  case  overruled  the  demurrer,  with  liberty  to 
raise  the  objection  by  answer,  reserving  the  costs  until  the 
hearing  {Evans  v.  Evans,  18  Jur.  QQQ ;  23  L.  J.  Ch. 
827 ;  Devenish  v.  Broiun,  4  W.  R.  783  ;  Mortimer  v. 
Hartley,  3  De  G.  &  S.  316;  Great  Western  Railway 
Company  v.  Metropolitan  Raihuay  Company,  2  N.  R, 
209  ;  Walsham  v.  Stainton,  3  N.  R.  56) ;  and  see  Cochrane 
v.  Willis,  3  N.  R.  446  ;  9  L.  T.  792,  where  the  costs 
were  made  costs  in  the  cause.  In  Singleton  v.  Sehvyn, 
3  N.  R.  27,  V.  C.  Wood  overruled  the  demurrer,  but 
reserved  the  costs  till  the  hearing  or  further  order,  ap- 
parently because  his  Honour  was  inclined  to  think  the 
suit  unnecessary. 

On  reversing  an  order  allowing  a  demurrer,  the  costs  Demnner 
are  ordered  to  be  refunded  {Oats  v.  Chapman,  1  Yes.  542  ;  orappe^ai 
2  Ves.  100;  1  Dick.  148). 

The  costs  of  demurrers  by  witnesses  follow  the  same  Demurrer 
rule  as  those  of  an  ordinary  demurrer  {Sawyer  v.  Birch-  ^^'  ^^'''^"^*^' 
more,  3  My.  k  K.  578  ;  Strathmore  v.  Strathmore,  11  L.  J. 
Ch.  400  ;  6  Jur.  1101  ;  Langley  v.  Fisher,  5  Beav.  443 ; 
7  Jur.  164  ;  S.  C.  on  appeal,  14  L.  J.  Ch.  302  ;  Wright 
v.  Wilkin,  4  Jur.  N.  S.  527).  See  also  Lee  v.  Hammerton, 
12  W.  R.  975  ;  10  L.  T.  730,  where  a  demurrer  by  a 
witness  was  overruled  with  costs,  though  the  Court  held 
it  to  be  justifiable. 


32 


COSTS   OF   AN  ACTION   GENERALLY. 


Aineri'l- 
ment  of 
writ. 

General 
powers  of 
araenJ- 
ment. 


Striking 
out. 

Improper 
mutter. 


Amend- 
nient  with- 
out leave 
liy  iilaintiff, 


Without 
leave  liy 
defendant. 


Disallow- 
ance of 
amend- 
ment. 


Sect.  II. — Costs  of  Amendments. 

The  Court  or  a  judge  may  at  any  stage  of  the  proceed- 
ings allow  the  plaintiff  to  amend  the  Avrit  of  summons  in 
such  manner  and  on  such  terms  as  may  seem  just 
(R.  S.  C.  Ord.  XXVII.,  r.  11)  ;  and  may  at  any  time,  and 
on  such  terms,  as  to  costs  or  otherwise,  as  to  the  Court  or 
judge  may  seem  just,  amend  any  defect  or  error  in  any 
proceedings ;  and  all  such  amendments  may  be  made  as 
may  be  necessary  for  the  purpose  of  determining  the  real 
question  or  issue  raised  by  or  depending  on  the  proceedings 
(R.  S.  C.  Ord.  LIX.,  r.  2,  April,  1880).  By  R.  S.  C.  Ord. 
XXVII.,  r.  1,  the  Court  or  a  judge  may,  at  any  stage  of 
the  proceedings,  allow  either  party  to  alter  his  statement 
of  claim,  or  defence,  or  reply,  or  may  order  to  be  struck 
out  or  amended  any  matter  in  such  statements  respec- 
tively which  may  be  scandalous,  or  which  may  tend  to 
prejudice,  embarrass,  or  delay  the  fair  trial  of  the  action  ; 
and  all  such  amendments  are  to  be  made  as  may  be 
necessary  for  determining  the  real  controversy  between 
the  parties.  By  rule  2  of  the  same  Order  the  plaintiff 
may  without  any  leave  amend  his  statement  of  claim  once 
at  any  time  before  the  expiration  of  the  time  limited  for 
reply  and  before  replying,  or,  where  no  defence  is  de- 
livered, at  any  time  before  the  expiration  of  four  weeks 
from  the  appearance  of  the  defendant  who  shall  have  last 
appeared.  By  rule  3  of  the  same  Order  a  defendant  avIio 
has  set  up  in  his  defence  any  set-off  or  counterclaim  may, 
without  any  leave,  amend  such  set-off  or  counterclaim  at 
any  time  before  the  expiration  of  the  time  allowed  him 
for  pleading  to  the  reply,  and  before  pleading  thereto  ;  or 
in  case  there  be  no  reply,  then  at  any  time  before  the 
expiration  of  twenty-eight  days  from  the  filing  of  his 
defence. 

Where  any  party  has  amended  his  pleading  under 
either  of  the  last  two  preceding  rules,  the  opposite  party 


COSTS   OF   AMENDMENTS.  83 

may,  within  eight  days  after  the  delivery  to  him  of  the 
amended  pleading,  apply  to  the  Court,  or  a  judge,  to  dis- 
allow the  amendment,  or  any  part  thereof,  and  the  Court 
or  judge  may,  if  satisfied  that  the  justice  of  the  case 
requires  it,  disallow  the  same,  or  allow  it,  subject  to  such 
terms  as  to  costs,  or  otherwise  as  may  seem  just  (r.  4, 
ibid.).  And  where  any  party  has  amended  his  pleading  Counter- 
imder  rule  2  or  3  of  Ord.  XXVII.,  the  other  party  may  mgnt. 
apply  to  the  Court  or  a  judge  for  leave  to  plead  or  amend 
his  former  pleading  within  such  time  and  upon  such 
terms  as  may  seem  just  (r.  5,  ibid.). 

In  all  cases  not  provided  for  by  the  first  five  rules  of  Amend- 
Ord.  XXVII.,  application  for  leave  to  amend  any  pleading  leave. 
may  be  made  by  either  party  to  the  Court  or  a  judge  in 
chambers,  or  to  the  judge  at  the  trial  of  tlie  action,  and 
such  amendment  may  be  allowed  upon  such  terms  as  to 
costs  or  otherwise  as  may  seem  just  (r.  6,  ibid.). 

The  Court  or  a  judge  may,  at  any  stage  of  the  proceedings,  Amend- 
either  upon  or  without  the  application  of  either  party,  case  of  mis- 
and  on  such  terms  as  may  seem  just,  order  the  name  of  Jo'^'^f^^' °^ 

.    .  J        '  parties. 

any  party  improperly  joined  to  be  struck  out,  and  the 
name  of  any  party  who  ought  to  have  been  joined,  or 
whose  presence  may  be  necessary  to  enable  the  Court 
finally  to  adjudicate  upon  all  questions  involved  in  the 
action,  to  be  added  (R  S.  C.  Ord.  XVI.,  r.  13).  Any  ap-  Applica- 
plication  to  add  or  strike  out  or  substitute  a  plaintiff  or  amend, 
defendant  may  be  made  to  the  Court  or  a  judge  at  any 
time  before  trial  by  motion  or  summons,  or  at  the  trial  of 
the  .action  in  a  summary  manner. 

The  general  rule  is,  that  where  a  party  desires  to  amend  Amend- 
his  own  pleading,  leave  to  amend  will  be  given,  but  he  generally 
must  pay  all  costs  of  and  occasioned  by  the  amendment,      allowed  on 

TIT  •        1  1  •  payment 

"  My  practice  has  always  been  to  give  leave  to  amend  of  costs. 
unless  I  have  been  satisfied  that  the  party  applying  was 
acting  maldjide,  or  that,  by  his  blunder  he  had  done  some 
injury  to  his  opponent  which  could  not  be  compensated  for 


34  COSTS   OF   AN   ACTION   GENEIlALLV. 

by  costs  or  otherwise,"  iKr  Bramwell,  L.  J.,  in  Tildesley  v. 
Harper,  10  Ch.  D.  393  ;  48  L.  J.  Ch.  495  ;  27  W.  R  249  ; 
39  L.  T.  552  ;  and  see  Brodcr  v.  Baillard,  2  Ch.  D.  698  ; 
Chesterfield  Co.  v.  Blacl\  25  W.  R.  409  ;  Riitter  v.  Trecjent, 
27  W.  R.  902  ;  41  L.  T.  16.  In  CargiU  v.  Boiver,  4  Cb.  D. 
78 ;  46  L.  J.  Ch.  175  ;  25  W.  R.  221  ;  35  L.  T.  621,  a 
defendant  who  had  put  in  a  joint  defence  was  allowed  to 
put  in  a  separate  and  amended  defence,  and  he  was  ordered 
to  pay  th-e  costs  rendered  necessary  by  his  not  having  put 
in  such  defence  earlier;  but  the  plaintiff,  who  had  instructed 
two  counsel,  was  allowed  the  costs  of  only  one,  and  the 
other  defendants,  who  had  appeared  and  objected,  were 
only  allowed  40.^.  for  costs. 
Ameml-  Applications   for  leave  to  amend  under  R.  S.  C.  Ord. 

Ord. '         XXVII.  r.  1,  are  matters  of  practice  within  the  discretion  of 
XXYII.       the  judge,  and  the  Court  of  Appeal  generally  declines  to 
interfere  {Guiding  v.  Wharton  Salt  Worls  Co.,  1  Q.  B.  D. 
374  ;  24  W.  R.  423  ;  34  L.  T.  474). 

Where  an  action  is  ordered  to  stand  over  in  order  that 
an  amendment  may  be  made,  the  party  who  is  in  "fault 
will  generally  be  ordered  to  pay  the  costs  occasioned  by  the 
action  having  been  placed  in  the  paper  for  trial  {King  v. 
Corke,  1  Ch.  D.  57;  Lydall  v.  Martinson,  5  Ch.  D.  780; 
Doiudesivell  v.  Don-deswell,  W.  N.  (1877)  228 ;  9  Ch.  D. 
294  ;  and  see  Long  v.  Crossley,  13  Ch.  D.  388). 

Where  leave  to  amend  is  given  to  a  j^laintiff  upon  pay- 
ment of  costs,  such  costs  should  be  paid  or  tendered  before 
any  further  proceedings  are  had ;  otherwise  the  defendant 
may  apply  to  the  Court  to  stay  the  proceedings  until  the 
plaintiff  has  made  the  required  payment ;  and  if  default 
is  made  in  payment  of  the  costs  the  action  may  be  dis- 
missed with  costs :  see  Blachnore  v.  Fduxirds,  W.  N. 
(1879)  175 ;   White  v.  Bvomige,  26  AV.  R.  312. 

When  an  application  is  made  for  leave  to  alter  a  writ 
and  a  statement  of  claim  by  striking  out  the  names  of  some 
of  the  parties,  the  order  giving  that  leave  does  not  justify 
the  striking  out  of  the  name  of  some  other  party  without 


COSTS    OF   AMEXDMEKTS.  ^0 

providing  for  his  costs  of  the  action  {Wymer  v.  Dodds,  11 
Ch.  D.  436  ;  48  L.  J.  Ch.  568  :  27  W.  R.  67o  ;  40  L.  T.  420). 

Although  very  extensive  amendments  have  been  made  where 
by  striking  out  allegations,  the  Court  will  not  assume  at  amend- 

•J  o  o  >  ments  are 

the  hearing  that  the  statements  struck  out  were  absurd  or  made  by 
unreasonable,  or  distinguish  the  costs  of  such  amendment  l^^^  alWa- 
from  the  general  costs  (Hardingham  v.  Thomas,  2  Drew,  tions. 
853,  362). 

If  it  is  desired  to  charge  the  plaintiff  with  the  costs  of  a 
case  originally  made  and  afterwards  struck  out  by  amend- 
ment, a  special  application  must  be  made,  and  the  most 
convenient  time  for  making  it  is  immediately  upon  the 
cause  of  complaint  arising  {Mounsey  v.  Buvnharii,  1  Ha. 
22) ;  but  in  Steiuart  v.  Stevxtrt,  22  Beav.  393,  and  Leather 
Cloth  Co.  V.  Bressey,  3  GifF.  474,  the  plaintiff  was  ordered 
at  the  hearing  to  pay  the  costs  of  allegations  struck  out  by 
amendment.  In  order  to  charge  the  plaintiff  with  such 
additional  costs  the  amendments  must  have  been  vexatious 
and  oppressive.     See  Monck  v.  Earl  of  TankerviUe,  10 -^raeni- 

niGnts 

Sim.  284 ;  Delaivney  v.  Delaumcy,  4  L.  J.  Ch.  50,  where  vexatious 
the  application  was  refused  ;  and  StricJdandv.  Strickland,  andoppres- 

^  -^  sire. 

3  Beav.  224,  242  ;  Watts  v.  Manning,  1  S.  &  S.  421,  where 
the  application  was  granted,  and  in  the  latter  case  the 
defendant  was  apparently  allowed  full  costs  and  charges 
as  between  solicitor  and  client.     Where  charges  of  miscon- 
duct  were   introduced   into   a   bill   by   amendment,  and 
denied  by  the  answer,  and  the  plaintiff  then  re-amended 
his  bill  and  struck  out  the  charges,  he  was  ordered,  at 
the  hearing,  to  pay  all  the  costs  occasioned  by  the  charges 
{Finch  V,  Westro2Je,  12  Eq.  24).     If  the  claim  as  amended  Where  an 
sets  up  a  wholly  different  and  inconsistent  case  from  that  ^njferent 
originally  made,  the  defendant  will  be  entitled  to  all  the  case  is 
costs  of  the  suit  up  to  the  time  of  the  amendment  {Smith  the  amend- 
V.  Smith,  G.  Coop.  141  ;  Dent  v.   Wardell,  1  Dick.'  339  ;  ^'^'^*•^• 
Mavor  v.  Dry,  2  S.  &  S.  113 ;  B riant  v.  Lightfoot,  1  Jur. 
20  ;  Ker7iot  v.    Critchley,  W.  N.  (1867)  252  ;  Blackmore 
V.  Edimrds,  W.  N.  (1870)  175) ;  but  see  Ahram  v.  }Yard, 


36 


COSTS    OF    AN    ACTION    GENERALLY. 


Unneces- 
sary and 
improper 
amend- 
ments. 


9  Jur.  1070  ;  Allen  v.  Spring,  22  Beav.  615.  Where, 
however,  in  proceedings  hurriedly  taken  to  stop  wrong- 
doing, the  plaintiff  has  not  accurately  stated  his  title,  the 
defendant  will  not  it  seems  be  relieved  from  the  payment 
of  the  extra  costs  occasioned  by  the  plaintiff's  mistake 
as  to  his  title  {Attorney-General  v.  Tomline,  5  Ch.  D. 
750). 

By  R.  S.  C.  (Costs)  Sched.,  r.  18,  the  Court  may  dis- 
allow the  costs  of  any  improper  or  unnecessary  amend- 
ment, or  may  refer  it  to  the  taxing  officer  to  do  so,  and  the 
party  whose  costs  are  so  disallowed  must  pay  to  the  other 
parties  the  costs  occasioned  by  such  amendments ;  and  see 
rr.  19  and  20.  This  rule  supplies  the  place  of  Cons. 
Ord,  XL.,  r.  8.  For  directions  to  the  taxing-master  to 
tax  the  co.sts  occasioned  by  unnecessary  amendments,  see 
Burchell  v.  Giles,  11  Beav.  34  ;  and  see  also  Pledge  v. 
Buss,  Johns.  663. 

The  defendant's  solicitor  by  accepting  the  costs  of 
amendment  waives  all  objections  for  irregularity  in  the 
order  giving  the  plaintiff  leave  to  amend  :  see  Tarleton  v. 
Dyer,  1  B.  c'v:  M.  1  ;  Hair  v.  Woodbridge,  ibid.  5  ;  Boswell 
V.  Tucker,  2  Ke.  188  ;  and  see  Campbell  v.  Joyce,  2  Eq. 
377.  Where  the  plaintiff  proposes  to  abandon  a  part  of 
his  case  no  order  will  in  general  be  made  as  to  the  costs 
occasioned  by  that  part  before  the  hearing  (Snell  v. 
Sl-inner,  W.  N.  (1874)  212). 


Sect.  III. — Costs  occasioned  by  scandalous  and 
embai^assing  matter. 

1.  Costs  If  scandalous  statements,  not  relevant  to  the  issue,  are 

ocCiXsion6tl 

by  scandal,  introduced  into  a  pleading  or  affidavit,  or  otherwise  put 
upon  the  records  of  the  Court,  they  may  be  struck  out, 
and  the  offending  party  will  be  ordered  to  pay  to  the 
other  parties  the  whole  expense  to  which  they  have  been 
put  by  his  introduction  of  scandalous  matter  (R.  S.  C.  Ord. 


SCANDAL.  37 

XXV^II.,  r.  1  ;  Christie  v.  Christie,  8  Ch.  499  ;  42  L.  J. 
Ch.  544 ;  21  W.  R  493  ;  28  L.  T.  607  ;  Forester  v.  Read, 
6  Ch.  40 ;  19  W.  R.  114;  24  L.  T.  79  ;  Ruherij  v.  Grant, 
13  Eq.  443  ;  26  L.  T.  538)  ;  that  is,  their  costs  as  between 
solicitor  and  client,  including  (see  Christie  v.  Christie) 
the  costs  of  an  appeal.  See  also  Coyle  v.  Cuming,  27 
W.  R.  529  ;  40  L.  T.  455,  where  the  next  friend  of  a 
married  woman  was  ordered  to  pay  the  costs  ;  Pearse 
V.  Pearse,  22  W.  R.  69 ;  29  L.  T.  453,  where  the  Court 
allowed  a  wife,  as  against  her  husband,  costs  of  exceptions 
for  scandal  as  between  solicitor  and  client ;  Cracknall  v, 
Janson,  11  Ch.  D.  1  ;  27  W.  R.  55,  where  it  was  held  by 
Fry,  J.,  that  the  Court  has  power  to  strike  out  scandalous 
matter  from  an  affidavit,  or  to  order  the  person  who  has 
filed  it  to  pay  the  costs  of  it,  on  the  application  of  any 
person,  even  a  stranger  to  the  action,  or  mero  motu : 
Blake  v.  Albion  Assurance  Co.,  45  L.  J.  C.  P.  663  ;  24 
W.  R.  677 ;  Devonsher  v.  Ryall,  Ir.  R.  11  Eq.  460 ;  Ativool 
V.  Ferrier,  14  W.  R.  1014 ;  14  L.  T.  728  ;  Edmunds  v. 
Lord  Brougham,  13  L.  T.  790;  12  Jur.  N.  S.  156; 
W.  N.  (1866)  67,  93,  (where,  however,  the  costs  were 
ordered  to  be  taxed  as  between  party  and  party,  sed  qu.)  ; 
Duncan  v.  Vereher,  W.  N.  (1876)  64. 

Such  pleadings  as  ought  to  be  struck  out  should  it  seems 
be  struck  out  by  the  judge,  rather  than  be  left  to  be  dealt 
with  as  a  question  of  costs  ( Watson  v.  Rodwell,  3  Ch.  D, 
380) ;  and  charges  and  statements  which  would  not  have 
been  improper  under  the  former  system  may,  neverthe- 
less, be  struck  out  under  the  Judicature  Acts  (ibid.). 

In  In  re  Savage,  15  Ch.  D.  557,  parties  lost  their  costs 
of  a  successful  motion  because  they  had  filed  an  irrelevant 
affidavit  containing  improper  imputations. 

But  nothing  relevant  to  the  issue  can  be   considered  Nothing 
scandalous,  however  offensive  or  libellous  it  mav  be  in  ^e's^''"*"^ 

"^  can  be 

itself  {Christie  v.  Christie,  8  Ch.  499  ;  42  L.  J.  Ch.  544  ;  scandalous. 
21  W.  R.  493  ;  28  L.  T.  607 ;  Rubery  v.   Grant,  13  Eq. 
443 ;  26  L.  T.   538) ;  and  see  Fisher  v.  Owen,  8  Ch.  D. 


38 


COSTS   OF   AN   ACTION   GENERALLY. 


Scandalous 
affidavit. 


Officer  of 
the  t'oui't, 
solicitoi". 


Api^lication 
to  strike 
out,  how 
made. 


2.  Costs 
occasionetl 
by  irrele- 
vancy or 
prolixity. 


G45;  47  L.  J.  Cli.  681  ;  20  W.  R  581;  38  L.  T.  577; 
BruffY.  Cohhold,  20  W.  R  734;  26  L.  T.  786. 

In  ex  parte  Simpson,  15  Ves.  476,  an  affidavit  in  bank- 
ruptcy was  ordered  to  be  taken  off  the  file  as  scandalous 
and  impertinent,  with  costs  against  the  solicitor  who 
made  it,  as  between  solicitor  and  client.  Cf.  ex  parte 
Thorp,  1  Ves.  jun.,  394;  ex  parte  Porter,  2  M.  &  A. 
220. 

In  Rattray  v.  George,  16  Ves.  232,  it  was  held  that 
counsel  and  agent  were  liable  for  costs  on  account  of 
scandal  and  impertinence  ;  and  cf.  Emerson  v.  Dallison, 
1  Ch.  Kep.  194.  In  Bisliop  v.  Willis,  5  Beav.  83,  n.,  a 
solicitor,  having  put  scandalous  matter  in  an  answer,  and 
put  counsel's  name  to  it  without  his  authority,  was  com- 
mitted, and  ordered  to  pay  costs. 

Where,  in  the  course  of  any  proceeding  in  the  Court, 
imputations  are  cast  on  the  character  of  one  of  its  officers, 
as  such,  he  is  entitled  to  appear  and  defend  himself  there- 
from, and,  if  successful,  he  will  get  his  costs  {Talbot  v^ 
Talbot,  16  W.  R.  201,  which  was  the  case_  of  a  solicitor 
whose  character  had  been  impugned). 

Applications  to  strike  out  scandalous  matter  may  be 
made  either  by  summons  or  motion  ;  but,  as  a  rule,  if 
they  are  made  by  motion  only  the  costs  of  a  summons 
attended  by  counsel  will  be  allowed  {Marriott  v.  Marriott, 
26  W.  E."  416  ;  W.  N.  (1878)  57).  If  the  scandalous 
matter  should  occur  in  any  j)roceediug  at  chambers,  the 
application  must  be  made  by  summons  (Cons.  Ord.  XXXV., 
r.  60).  By  R.  S.  C.  Ord.  XXXI.,  r.  5  (Nov.  1878),  an 
application  to  strike  out  interrogatories  for  scandal  may 
be  made  a,t  Chambers  within  four  days  after  service  of 
the  interrogatories. 

When  the  insertion  of  irrelevant,  immaterial,  or  prolix 
matter  may  occasion  embarrassment  to  the  opposite  party, 
such  matter,  or  even  the  whole  pleading  containing  it,  may 
be  ordered  to  be  struck  out  (R  S.  C.  Ord.  XXVII.,  r.  1)  ; 
and  the  party  in  fault  will  be  ordered  to  pay  the  costs  : 


IRRELEVANCY,  ETC.  39 

see  Davy  v.  Garrett  (C.  A.).  7  Ch.  D.  743  ;  26  W.  R.  225  ; 
Cashin  V.  Cradock  (C.  A.),  3  Ch.  D.  370  ;  25  W.  R.  4  ; 
Williamson  v.  X.  ((;i\\-TF.  i?^/-  <^'o.,  12  Ch.  D.  787.  In 
adjusting  the  costs  of  an  action  the  Court  will  inquii-e,  at  Prolixity 
the  instance  of  any  party,  into  any  needless  prolixity  in  ^\^}l^^ 
the  statements  of  claim,  defence,  and  reply,  and  will  order 
the  costs  thereby  occasioned  to  be  borne  by  the  party 
chargeable  with  the  same  (R  S.  C.  Ord.  XIX.,  r.  2). 
And  any  costs  occasioned  by  the  use  of  any  more  prolix 
or  other  forms  of  writs  and  endorsements  than  those  pre- 
scribed by  the  rules  must  be  borne  by  the  party  wdio 
uses  them,  unless  the  Court  otherwise  directs  (R.  S.  C. 
Ord.  II.,  r.  2). 

By  R.  S.  C.   (Costs)  Sched.,  r.  18,  the  Court  or  judge  Disallow- 
may  direct  the  costs  of  any  proceeding  (whether  the  same  c"sTsof  im- 

is  objected  to  or  not)  which  is  improper,  unnecessary,  or  proper  or 

, '  •  , ,  •        c  1,1     unneces- 

contams  unnecessary  matter,  or  is  oi  unnecessary  length,  gary  pro- 

to  be  disallowed,  or  may  direct  the  taxing  officer  to  look  ceeding  or 
1  1  1-      11  1  IP  n  matter. 

into  the  same  and  to  disallow  the  costs  thereof,  or  of  such 
part  thereof  as  he  shall  find  to  be  improper,  unnecessary, 
or  to  contain  unnecessary  matter,  or  to  be  of  unnecessary 
length  ;  and  in  such  case  the  party  whose  costs  are  so 
disallowed  must  pay  the  costs  occasioned  to  the  other 
parties  by  such  unnecessary  proceeding,  matter,  or  length. 
Where  such  question  shall  not  have  been  raised  before 
and  dealt  with  by  the  Court  or  judge,  the  taxing  officer 
may  look  into  the  same  (and,  as  to  evidence,  although  the 
same  may  be  entered  as  read  in  any  decree  or  order)  for 
the  purpose  aforesaid,  and  thereupon  the  same  conse- 
quences shall  ensue  as  if  he  had  been  specially  directed 
to  do  so.  The  taxing-master  must  exercise  the  discretion 
given  him  by  this  rule  without  special  directions  from  the 
judge;  see  Re  Wormsley,  Baines  v.  Wormsley,  47  L.  J. 
Ch.  844  ;  27  W.  R.  3G  ;  39  L.  T.  85 ;  W.  N.  (1878),  193. 
By  rule  19,  the  taxing  officer  may  in  such  cases  adjust 
such  costs,  certifying  for  payment,  or  set-off,  or  may  delay 
their  allowance  ;  and  by  rule  20,  where  questions  as  to 


40  COSTS    OF   AN   ACTION   GENERALLY. 

such  costs  are  dealt  with  at  Chambers  in  the  Chancery 
Division,  the  chief  clerk  is  to  make  a  note  thereof  for  the 
information  of  the  taxing-master. 

In  Owens  v.  Emmens,  W.  N,  (1875),  210,  234,  a  motion 
to  take  an  affidavit  off  the  file  for  length  and  irrelevancy 
was  refused,  and  it  was  said  that  the  attention  of  the 
Court  should  be  drawn  to  such  matters  at  the  hearing. 
For  a  direction  to  the  taxing-master  under  r.  18  to  look 
into  and  disallow  the  costs  of  affidavits  of  unnecessary 
length,  see  Cracknall  v.  Janson,  11  Ch.  D.  1 ;  27  W.  R.  55. 
In  London  d-  St.  Katharine  Docks  Co.  v.  Metropolitan 
Ry.  Co.,  35  L.  T.  733,  portions  of  the  plaintiff's  reply  were 
struck  out  as  irrelevant,  but  the  application  being  frivolous 
and  unnecessary  no  costs  were  given. 
Costs  of  By  R.  S.  C.  Ord.  XXXI.,  r.  2,  the  Court  in  adjusting  the 

intcrroga-  costs  of  the  actiou  shall  at  the  instance  of  any  party 
tories.  inquire,  or  cause  inquiry  to  be  made,  into  the  propriety  of 
exhibiting  any  interrogatories  that  may  have  been  de- 
livered, and  if  it  is  the  opinion  of  the  taxing-master  or  of 
the  Court  or  judge,  that  such  interrogatories  have  been 
exhibited  unreasonably,  vexatiously,  or  at  improper  lengtli, 
the  costs  occasioned  by  the  said  interrogatories  and  the 
answers  thereto  shall  be  borne  by  the  party  in  fault. 
Costs  of  The  costs  of  every  affidavit  which  unnecessarily  sets 

iinneces-     fQ^-th    matters   of  hearsay   or   argumentative   matter,   or 

sary  matter  ,  . 

in  affida-     copies  of  or  extracts  from  documents,  must  be  paid  by  the 

^'^^-  party  filing   the    same  (R.    S.   C.    Ord.  XXXVII.,  r.  3  ; 

Hirst  v.  Procter,  W.  N.  (1882),  12).  Under  this  rule 
affidavits  by  persons  having  no  personal  knowledge  of  the 
matters  deposed  to,  cannot  be  used  at  the  hearing,  and 
the  costs  of  them  will  be  disallowed  :  per  Jessel,  M.  R., 
W.  N.  (1876),  59 ;  and  see  also  r.  3a  of  this  Order  (April, 
1880),  presciibing  the  form  of  affidavits  ;  no  costs  will  be 
allowed  of  any  affidavit  or  part  of  any  affidavit  sub- 
stantially departing  from  this  rule. 


COSTS   AND   EXPENSES   OF   WITNESSES.  41 


Sect.  IV. — Costs  and  Expenses  of  Witnesses. 

In  the  old  Court  of  Chancery  the  evidence  was  usually 
given  by  affidavit,  though  occasionally  it  was  given  vivd 
voce.  The  Judicature  Act  has  altered  this,  and  the  rule 
now  is  that  the  witnesses  at  the  trial  of  an  action  must  be 
examined  vivd  voce  and  in  open  Court,  unless  the  parties 
agree  to  take  the  evidence  by  affidavit,  or  the  Court 
otherwise  order.  But  upon  any  motion,  petition,  or  sum- 
mons, evidence  may  be  given  by  affidavit,  and  any  party 
making  an  affidavit  may  be  ordered  to  attend  for  cross- 
examination  (R.  S.  C.  Ord.  XXXVII.,  rr.  1,  2).  In  some 
cases  the  examination  or  cross-examination  is  conducted 
before  an  examiner. 

Defendants  (trustees)  who  perversely  and  unreasonably 
refused  to  consent  to  have  the  evidence  taken  by  affidavit 
were  ordered  to  pay  the  costs  of  an  unsuccessful  motion  for 
this  purpose  {Patterson  v.  Wooler,  2  Ch.  D.  580  ;  24  W.  R. 
455  ;  45  L.  J.  Ch.  274  ;  34  L.  T.  415). 

When  any  person  is  called  to  give  evidence  in  chief.  Witness 
or  to  be  cross-examined  on  evidence  already  given  by  him,  ^"*'!'l®^ 
he  is  entitled  to  his  reasonable  expenses;  and  if  they  are  expenses 
not  tendered  to  him  he  may  refuse  to  be  sworn.     This  bein^^ 
applies   as  well   to  a  party   to   the   cause   called  to  be^^orn; 
examined,  as  to  a  witness  stranrer  to  the  cause  (Daveii  v.  "^^^*^^^r  ^ 

^  \  1/         party  or  a 

Durrant,  24  Beav.  493  ;  2  De  G.  &  J.  506).  stranger. 

The  witness's  expenses  should  be  tendered  to  him  at  the 
time  when  he  is  served  with  the  subpceua,  or  at  any  rate 
a  reasonable  time  before  the  trial ;  and  even  though  he 
actually  appears,  he  cannot  be  attached  for  declining  to 
give  evidence,  unless  these  charges  are  paid  or  tendered. 
But  he  cannot  refuse  to  be  examined  on  the  ground  that 
the  expenses  incurred  by  him  on  former  attendances  have 
not  been  paid.  If  the  witness  be  a  married  woman,  the 
money  should  be  tendered  to  her,  rather  than  to  her 
husband  ;   and  if  a  person  be  subpoenaed  by  both  parties. 


42  COSTS   OF  AN  ACTION   GENERALLY. 

he  is  entitled,  before  giving  evidence,  to  be  paid  by  the 
party  actually  calling  him  all  the  expenses  to  which  he 
will  be  liable,  after  exhausting  what  he  may  have  received 
from  the  opposite  side. 
■Witness  If  a  witness  before  an  examiner,  after  tender  of  a  suffi- 

before  an     cicnt  amount  for  his  expenses  refuses  to  be  sworn,  an  order 

examiner  _  ^ 

refusing  to  may  be  obtained,  on  an  ex  iiarte  application,  that  he  shall 
afteTten-  attend  within  four  days  and  be  examined  at  his  own 
derof  his  expense  {Wilson  v.  BrovcjlUon,  6  L.  J.  Ch.  205  ;  Cast  v. 
expenses,    p^^^^^.^  3  g^^_  ^  ^  ggc)  .  ^olces  v.  Gihhon,  5  W.  R.  216  ; 

26  L.  J.  Ch.  208  ;  Laivton  v.  Price,  16  W.  K  73,  Q>m)  ;  but 
such  order  should  not  direct  that  he  shall  pay  the  costs  of 
the  application  {Cast  v.  Poyser,  on  appeal,  20  L.  J.  Ch. 
353.) 
Witnesses'  Where  affidavits  made  before  decree  were  subsequently 
minatlon"  used  iu  Chambers,  and  the  witnesses  objected  before  the 
examiner  to  be  cross-examined,  the  objection  not  having 
been  made  in  Chambers,  they  were  ordered  to  be  cross- 
examined  within  two  months  before  the  examiner,  but  not 
at  their  own  expense,  and  no  costs  of  a  motion  to  compel 
them  to  submit  to  cross-examination  were  given  {Hughes 
V.  Spittal,  13  W.  R.  251  ;  11  L.  T.  691  ;  11  Jur.  N.  S.  151). 
Witnesses  summoned  under  sec.  115  of  the  Companies 
Act,  1862,  and  refusing  to  attend,  are  liable  to  pay  the 
costs  of  compelling  their  attendance  {Troiver  d-  Lavjsons 
Case,  14  Eq.  8). 
Scale  of  There  is  no  fixed  scale  of  allowances  to  witnesses  in  the 

allowances   Q|ja^jjcerv  Division ;  the  amount  to  be  allowed  is  a  matter 

to  ^\  it"  "^ 

nesses,  of  discretion,  but  the  taxiug-mastcrs  generally  adopt  the 
old  common  law  scale,  if  it  be  found  to  be  applicable 
{Noh's  V.  Gihhon,  5  W.  R.  216  ;  26  L.  J.  Ch.  208  ;  Clark 
V.  Gill,  1  K.  &  J.  19  ;  Brocas  v.  Lloyd,  23  Beav.  129  ; 
26  L.  J.  Ch.  758 ;  Thomas  v.  ParrT/,  W.  N.  (1880),  184 ; 
In  re  Charles  Lafitte  d-  Co.,  20  Eq.  652  ;  Batley  v.  Kynock, 
20  Eq.  632  ;  44  L,  J.  Ch.  565).  All  reasonable  expenses 
properly  incurred  in  procuring  evidence  and  the  attendance 
of  witnesses  will  be  allowed  (R.  S.  C.  (Costs)  Sched.,  r.  8) ; 


COSTS   AND    EXPENSES    OF   WITNESSES.  43 

and  this  includes  costs  incurred  in  witnesses  qualifying  to 
give  evidence,  as  to  wliicli  see  iJOst,  Cli.  VTII.,  s.  VIL,  and 
cases  there  cited. 

A  professional  witness  will  be  allowed  compensation  for  Profes- 
his  loss  of  time  at  the  rate  of  one  guinea  a  day,  if  resident '  '  '  • 
in  London  {Johes^^.  Gibbon,  5  W.  R.  216  ;  26  L.  J.  Ch.  208  ; 
Clark  v.  Gill,  1  K.  &  J.  19) ;  and  semble,  also  expenses 
of  cab  hire  {Turner  v.  Turner,  7  W.  R  573  ;  5  Jur.  N.  S. 
839).  And  any  professional  man,  in  the  absence  of  evi- 
dence  to  the  contrary,  will  be  assumed  to  be  practising  his 
profession  (ibid.). 

A  country  gentleman  subpoenaed  as  a  witness,  is  entitled  Country 
to  his  full  travelling  expenses  and  one  guinea  per  day  for  ^"^  ^^^^^^' 
hotel  or  lodging  whilst  in  town  (Turner  v.  Turner; 
Brocas  v.  Lloyd,  23  Beav.  129).  Where  the  taxing-master 
allowed  2os.  a  day  for  each  of  a  number  of  farmers  who 
had  atteuded  the  Court  from  Wales,  as  a  fair  allowance 
for  maintenance  and  loss  of  time,  the  Court  refused  to 
interfere  (Thomas  v.  Farrij,  W.  N.  (1880),  184). 

In  Wiltshire  Y.Marshall,W.  N.  (1866),  80,  a  witness,  a 
country  auctioneer,  who  had  been  kept  in  attendance  eight 
days,  refused  to  be  sworn  until  his  expenses  were  paid  ; 
and  Wood,  V.  C,  held  that  he  was  entitled  to  two  guineas 
a  day,  being  one  guinea  for  his  maintenance,  and  another 
for  his  loss  of  time  and  business,  on  week  days,  and  one 
guinea  only  for  his  maintenance  on  Sunday,  in  addition  to 
his  railway  fare  to  and  from  his  place  of  residence.  The  re-  Medical 
muneration  for  loss  of  time  claimed  by  medical  witnesses  ^^'i*-'^^*^^^^-  . 
who  had  attended  duringthe  examination  of  other  witnesses, 
was  allowed  on  taxation  as  between  solicitor  and  client 
(Ryan  v.  Dolan,  Ir.  K  7  Eq.  92.) 

If  a  foreign  witness,  who  is  not  accessible  by  subpoena  Foreigners, 
but  whose  evidence  is  material  in  the  cause,  refuses  to  ^^'^1^  j^'^||°"^ 
leave  his  home  unless  he  be  remunerated  for. his  trouble, 
the  compensation  paid  to  him,  if  reasonable  in  amount,  will 
generally  be  allowed,  and  taxed  against  the  losing  party  ; 
and  where  the  captain  of  a  nlnp  has  been  detained  for  a 


44 


COSTS    OF   AN  ACTION   GENERALLY. 


When 
cross-ex- 
amination 
is  aban- 
doned. 


Exami- 
nation 
through 
interpreter, 


A  witness 
refusing  to 
produce  a 
deed. 


long  time  in  this  country  in  order  to  give  evidence  on  a 
trial,  large  sums,  calculated  at  a  guinea  a  day,  and 
amounting  in  the  whole  to  above  £100,  have  been  allowed 
for  his  detention.  So, — although  it  is  not  a  general  rule, 
either  that  parties,  if  witnesses  in  their  own  favour,  are  to 
have  an  allowance  for  their  attendance  at  the  trial,  or  that 
after  a  rule  for  a  new  trial  has  been  obtained,  witnesses 
maybe  detained  at  the  cost  of  the  losing  party, — the  Court, 
under  very  special  circumstances,  has  allowed,  in  taxation 
of  costs,  subsistence  money  to  a  seafaring  man,  who  was 
a  necessary  witness  in  his  own  cause,  and  who,  after  having 
obtained  a  verdict,  remained  in  England  until  a  rule  for  a 
new  trial,  granted  at  the  instance  of  his  opponent,  had 
been  discharged.  See  Taylor  on  Evidence,  p.  1042 ; 
Potter  v.  Rankin,  L.  K  5  C.  P.  518 ;  "  The  Bahia,"  L.  R. 
1  A.  ct  E.  15. 

Where  the  plaintiff  obtained  leave  to  cross-examine  the 
two  defendants  at  the  hearing,  and  they  attended  accord- 
ingly, but  the  plaintiff  then  declined  to  ci-oss-examino 
them,  he  Avas  disallowed  all  costs  in  reference  to  the  cross- 
examination,  although  entitled  to  the  general  costs  of  the 
suit,  and  was  ordered  to  pay  the  expenses  of  the  wit- 
nesses so  attending  {Guilfoijle  v.  Hutchinson,  Ir.  R 
8  Eq.  298). 

If  the  cross-examining  party  abandons  the  cross-examin- 
ation, he  cannot  file  interrogatories  for  the  examination 
of  the  same  person  as  an  accounting  party  without  first 
paying  him  his  expenses  of  the  attempted  cross-examina- 
tion (Davey  v.  Diirrant,  2  De  G.  &  J.  506). 

A  party  examining,  by  means  of  an  interpreter,  a 
witness  ignorant  of  the  English  language,  must  bear  the 
expense  of  the  interpreter's  services  as  well  on  the  cross- 
examination  as  on  the  examination  in  chief  {Flunkett  v. 
Williams,  6  Ir.  Eq.  E.  80). 

In  Bradshaiv  v.  Bradshaw,  3  Sim.  285  (affirmed  by 
Lord  Brougham,  C,  1  R.  &  M.  358),  a  person  who  refused 
without  sufficient  reason  to  produce  a  deed  in  his  posses- 


COSTS    AND    EXPENSES    OF    WITNESSES.  45 

sion  to  be  proved  by  the  subscribing  witness,  was  ordered 
to  produce  the  deed  at  his  own  expense,  and  to  pay  the 
expenses  of  the  witness  attending  to  prove  it,  and  all 
other  expenses  caused  by  his  refusal  A  solicitor  is  not 
justified  in  refusing  to  produce  a  deed  in  his  possession,  to 
be  proved  on  behalf  of  persons  not  his  clients,  because  he 
has  a  lien  upon  it  for  costs  due  from  his  clients  {Brassing- 
ton  V.  Brassington,  1  S.  &  S.  455  ;  Hope  v.  Liddell,  7  De  G. 
M.  &  G.  831),  even  when  the  party  requiring  production 
claims  under  his  client  {Lockett  v.  Cary,  3  N.  R  405  ;  10 
Jur.  N.  S.  144).  A  witness  summoned  for  examination 
under  sec.  96  of  the  Bankruptcy  Act,  1869,  is  not  entitled 
to  the  costs  of  employing  a  solicitor  or  counsel  {Ex  parte 
Waddell,  in  re  Lutscher,  6  Ch.  D.  328  ;  26  W.  R.  9  ;  37  L. 
T.  345) ;  and  see  i>i  reLelghton  d-  Benett,  1  Ch.  331. 

By  R.  S.  C.  Ord.  XXXVIII.,  r.  4,  any  party  on  whose  Practice  as 
behalf  an  affidavit  has  been  filed  may  be  required  to  pro-  tl'on'of  "*^ 
duce  the  deponent  for  cross-examination  before  the  Court  at  witness  for 
the  trial ;  but  the  party  producing  such  deponent  for  cross-  aminatioa 
examination  shall  not  be  entitled  to  demand  the  expenses  ^'^'l^'^p 
thereof  in  the  first  instance  from  the  party  requiring  such  Ord. 
production.    This  rule  abrogates  the  order  of  5th  February,  ^^  ' 

1861,  r.  19.  It  will  be  observed  that  the  rule  does  not 
mention  proceedings  in  Chambers  :  for  the  practice  there, 
see  Stehbing  v.  Atlee,  2  Jur.  N.  S.  1161  ;  Jenner  v. 
Morris,  10  W.  R.  640. 

A  party  applying  for  an  order  for  the  oral  examination  Oral  ex- 
of  any  witnesses  at  the  hearing  under  15  &  16  Vict.  c.  86,  ^'^j^'^tio^ 

•^  o  '  under 

s.  39,  did  so  at  his  own  risk  (Ridley  v.  Meek,  25  L.  T.  (Old  15  &  16 
S.),  90)  ;  and  see  further  as  to  the  costs  of  such  viva  voce  g/39,  "     ' 
examination,  Martin  v.  Pycroft,  2  De  G.  M.  &  G.  785,  806  ; 
22  L.  J.  Ch.  94  ;  Langford  v.  May,  22  L.  J.  Ch.  978. 

The  costs  of  a  commission  abroad  must  in  the  first  Costs  of 
instance  be  borne  by  the  party  who  applies  for  it  (In  re  abroad^^^"" 
Imperial  Land  Co.  of  Marseilles,  W.  N.  (1877),  244;  37 
L.  T.  588).     In  Spiller  v.  Paris  Skating  Rink  Co.,  27 
Vf.  R.  225;  \V.  N.  (1878),  228,  the  costs  were  reserved. 


46  COSTS   OF   AN   ACTION   GENEllALLV. 

Costs  The  costs  incurred  in  a  colony,  under  a  commission  to 

incurrGu. 

in  a  colony,  examine  witnesses,  must  be  taxed  in  England  upon  the 
scale  which  would  be  allowed  in  the  colony,  and  the  taxing- 
master,  in  case  of  difficulty,  ought  to  refer  to  the  colony 
for  information,  but  not  to  send  the  bill  of  costs  there  for 
taxation  (Wentivort/i  v.  Lloyd,  \S  W.  R.  486;  34  Beav. 
455  ;  12  L.  T.  226). 


Sect.  V. — Costs  of  Motions  and  Petitions  Genercdly. 

Motions :  It  is  noAV  settled,  contrary  to  Lord  Eldon's  opinion  in 
be^<^i™n^  Mann  v.  King,  18  Ves.  297,  that  the  costs  of  a  motion 
though  not  lYiay  be  granted  to  the  moving  party  though  they  are  not 
by  the  asked  for  in  the  notice  of  motion  {Poivell  v.  CocJcerell, 
notice.  4  jj^^  557  .  Clarice  v.  Jaques,  11  Beav.  623,  in  the 
reporter's  note  to  which  case  the  earlier  cases  are 
collected ;  Butler  v.  Gardener,  12  Beav.  525  ;  Dawson 
V.  Jay,  2  W.  R.  598  ;  Tampier  v.  Ingle,  1  N.  R.  159); 
but  not  unless  the  respondent  appears  {Pratt  v.  Walher, 
19  Beav.  261) ;  and  the  same  rule,  it  would  seem,  applies 
to  petitions.  But  an  order  for  payment  of  costs  made  on 
motion  ex  parte  is  irregular  {Koikes  v.  Gihhon,  3  Jur.  N.  S. 
282  ;  5  W.  R.  216  ;  Ckst  v.  Poyser,  26  L.  J.  Ch.  353). 
By  R.  S.  C.  Ord.  LIII.,  r.  3,  no  motion  is  to  be  made 
without  notice  except  wdiere  (1)  under  the  previous  prac- 
tice any  order  or  rule  w^as  made  ex  parte  absolute  in  the 
first  instance  ;  (2)  otherwise  provided  by  the  rules  them- 
selves ;  (3)  the  motion  is  for  a  rule  to  show  cause  only ; 
but  the  Court  or  judge  if  satisfied  that  the  delay  caused 
by  proceeding  in  the  ordinary  way  would  or  might  entail 
irreparable  or  serious  mischief,  may  make  any  order 
ex  parte  upon  such  terms  as  to  costs  or  otherwise,  and 
subject  to  such  undertaking,  if  any,  as  the  Court  or  judge 
may  think  just;  and  any  party  affected  by  such  order 
may  move  to  set  it  aside. 

Where  two  persons  move  on  separate  notices,  but  for 


COSTS    OF   MOTIONS   AND    PETITIONS   GENERALLY.        47 

the  same  object  and  by  the  same  counsel,  and  the  motions 
are  refused  with  costs,  each  is  answerable  only  for  the 
costs  of  his  own  motion  {Oakes  v.  Turquand,  L.  R  2  H. 
L.  325). 

In  disposing  of  the  costs  of  interlocutory  applications 
the  Court  is  generally  guided  by  the  following  rules  laid 
down  by  Sir  John  Leach,  V.C.,  in  1823  : — 

"  First,  That  the  party  making  a  successful  motion  is  Sir  Joim 
entitled  to  his  costs  as  costs  in  the  cause  ;  but  the  party  ^^^l^^  ^ 
opposing  it  is  not  entitled  to  his  costs,  as  costs  in  the 
cause. 

"  Second,  That  the  party  making  a  motion  which  fails 
is  not  entitled  to  his  costs,  as  costs  in  the  cause  ;  but  the 
party  opposing  it  is  entitled  to  his  costs,  as  costs  in  the 
cause. 

"  Third,  That  when  a  motion  is  made  by  one  party  and 
not  opposed  by  the  other,  the  costs  of  both  parties  are 
costs  in  the  cause. 

"  The  Vice  Chancellor  added,  that  it  was  therefore  the 
duty  of  the  Court  whenever,  by  reason  of  special  circum- 
stances, it  was  not  the  intention  of  the  Court  that  these 
rules  should  apply,  to  give  particular  directions  with  re- 
spect to  the  costs ;  but  that  the  Court  very  rarely  gave 
any  special  directions  with  respect  to  the  costs  of  a  motion 
for  the  purpose  of  obtaining,  continuing,  or  dissolving  an 
injunction  to  stay  proceedings  at  law,  leaving  the  costs  of 
such  motions  to  abide  the  event  of  the  suit"  (1  S.  & 
S.  357). 

Before  these  rules  were  laid  down  it  was  necessary,  in  Will  now  be 

order  that  the  costs  of  a  motion  might  be  costs  in  the  Jj^^^  ^^^^^.j^j. 

cause,  expressly  to  mention  them  in  the  order  on  the  mo-  i^  silent  as 

tion,  or  in  the  decree  or  order  disposing  of  the  costs  of 

the  suit  {Wild  v.  Hohson,  4  Mad.  49);  but  now  the  costs 

of  the  successful  part\^  will  be  costs  in  the  cause  without 

express  directions.     {Hind,  v.    Whitmore,  2  K.  &  J.  458  ; 

Harris  v.  Hilliard,  20  L.  T.  216). 

However,  if  a  defendant  unsuccessfully  resists  a  motion  Excep- 
tions. 


48  COSTS    OF   AN   ACTION   GENERALLY. 

for   an  injunction,  but   succeeds    at   the   trial   and   gets 
his  costs  of  the  suit,  his  costs  of  the  motion  will,  notwith- 
standing the  first  of  the  above  rules,  be  costs  in  the  cause 
{Stevens  v.  Keating,  1  Mac.  &  G.  6*59  ;  14  Jur.  157,  over- 
ruling S.  C.  13  Jur.  974).     So,  also,  where  the  motion  for 
an  injunction  stood  over  until  the  trial  of  an  action  at 
law,  and   the   bill   was   ultimately  dismissed   with   costs 
{Betts  V.  Clifford,  1  J.  &  H.  74).     Parties  coming  for  an 
injunction  ex  iiarte  will,  even  if  successful,  have  to  pay 
the  costs,  unless  they  state  their  case  fully  and  fairly  to 
Motion       the   Court  {Holden   v.    Waterloiv,  15  W.    R.    139).     In 
Jottand     Markivkk  v.  Pawson,  4  N.  R.  528 ;  33  L.  J.  Ch.  703,  it 
over.  was  doubted  whether  the  costs  of  a  motion  ordered  to 

stand  over  were  costs  in  the  cause  on  the  plaintiff  dis- 
missing his  own  bill.  In  Corcoran  v.  Witt,  13  Eq,  53  ; 
41  L.  J.  Ch.  G7;  25  L.  T.  C53,  where  the  bill  was 
dismissed  for  want  of  prosecution,  the  Court  refusing  to 
make  any  order  as  to  the  costs  of  a  motion  by  the  plaintiff 
which  had  been  ordered  to  stand  till  the  hearing,  it  was 
held  that  these  costs  were  costs  of  an  unsuccessful  motion, 
and,  as  such,  costs  in  the  cause,  payable  by  the  plaintiff. 

The  result  of  ordering  a  motion  to  stand  over  on  certain 
terms  till  the  hearing  of  the  cause  is  nearly  the  same  as  if 
the  only  order  made  on  the  motion  had  been  that  the 
costs  might  be  costs  in  the  cause.  The  only  distinction 
■  seems  to  be  that  the  Court  reserves  to  itself  the  means  of 
dealing  differently  with  the  costs  of  the  motion  from  the 
manner  in  which  it  may  deal  with  the  costs  in  the  cause  ; 
^jer  Wickens,  V.  C,  in  Singer  v.  Audsley,  13  Eq.  405. 

Where  a  motion  by  the  plaintiff  was  ordered  to  stand 
till  the  hearing,  no  order  being  made  as  to  costs,  and  the 
plaintiff  ultimately  obtained  a  decree  with  costs,  but  the 
costs  of  the  motion  were  not  mentioned  in  the  decree,  it 
was  held  that  the  motion  was  substantially  a  successful 
one,  and  that  the  costs  of  it  were  costs  in  the  cause 
{Mounsey  v.  Earl  of  Lonsdale,  10  Eq.  557 ;  S.  C.  sub 
nam.  Atty.-Gen.  v.  Earl  of  Lonsdale,  6  Ch.  141). 


COSTS    OF   MOTIONS    AKD    rKTiTIONS    GENERxVLLY.  49 

Where  the  plaintiff,  who  was  ultimately  successful,  was 
ordered  to  pay  the  costs  of  the  suit  up  to  a  certain  day,  it 
was  held  that  the  usual  rules  did  not  apply,  and  that  he 
must  pay  the  costs  of  motions  to  obtain  and  dissolve  an 
injunction  made  prior  to  that  day  (Webster  v.  Manhy, 
4  Ch.  372  ;  17  W.  R.  545 ;  20  L.  T.  387). 

Where  one  party  was  wrong  in  form  only  and  the 
other  resisted  the  motion  in  toto,  the  order  was  made 
without  costs  on  either  side  {Powell  v.  WiUiams,  27  W. 
R  796 ;  40  L.  T.  G79). 

The  exceptions  to  Sir  J.  Leach's  rules  occur  chiefly  (1)  Exceptions 

1  •  1  .  1  .  •!    xi       to  Sir  John 

where,  on  the  merits  the  costs   are   reserved   until  the  Leach's 
trial ;   (2)  where  the   motion   is   rendered   necessary   by  ^'^^^^• 
the  default  of  the  moving  party,  or  for  some  other  reason 
he  is  asking  for  an  indulgence ;  (3)  where  the  motion  is 
rendered  necessary  by  the  opposite  party's  default ;  or  (4) 
where  the  motion  is  irregular. 

The  costs  are  not  generally  reserved  where  a  motion  is  i.  Where 
granted  ;  but  where  a  plaintiff  moving  would  be  entitled  ^^^^^^  ^^.^ 
to  an  injunction,  but  for  the  case  made  by  the  defendant's  reserved 
afiS davits  {Rochdale  Canal   Com])any  v.  King,  2   Sim,  trial. 
N.   S.   78),  especially  if,  under  the  old  practice,  before 
answer  (Waring  v.  Manchester,  Sheffi^eld,  d  Lincolnshire 
Railway  Company,  14  Jur.  613),  the  costs  are  sometimes 
reserved  until  the  trial.      However,  in  Leiuis  v.  Smith, 
1  Mac.  &  G.  417,  420,  Lord  Cottenham  said   he    could 
not  approve  of  the  practice  of  reserving  the  costs  of  a 
proceeding  for  the  purpose  of  eventually  giving  them  to 
the  unsuccessful  party  ;    and  therefore,  it    would    seem, 
that  if  the  party  unsuccessfully  moving  gets  his  costs  of 
the  suit,  the  reserved  costs  of  the  motion  will  not  be 
given  to  him.      On  the  same  principle,  in   Marsack  v. 
Reeves,  6  Mad.  108,  the  costs  of  an  unsuccessful  motion, 
to   dissolve   an  injunction   against  suing  on  a  loost-ohit 
bond,    were  not  made  costs  in   the   cause,  because   the 
plaintiff  generally  paid  the  costs  of  such  suits.     When 
costs  were  reserved  until  the  liearing,  they  conld  not  be 


50 


COSTS   OF   AN   ACTION   GENERALLY. 


pressly 
included 
in  the 
judgment 
at  the 
trial. 


obtained  in  case  the  bill  was  dismissed  before  the  cause 
came  to  a  hearing.  It  is  therefore  a  useful  precaution  to 
ask  that  the  costs  may  be  reserved,  not  simply  until 
the  trial,  but  until  the  trial  or  further  order  {Rmnhold 
V,  Forteath,  4  Jur.  N.  S.  G08) ;  and  see  Jones  v.  Batten, 
10  Ha.  app.  xi.,  where  the  order  provided  for  the  event  of 
the  bill  being  dismissed  before  the  hearing,  as  to  all  or 
any  of  the  defendants,  by  making  the  costs  of  such 
Reserved  defendants  costs  in  the  cause.  Where  costs  are  re- 
be'^ex-""  served  until  the  trial  or  further  order  they  should,  it 
seems,  be  mentioned  to  the  Court  and  provided  for  by  the 
judgment  or  subsequent  order;  where,  however,  an  action 
is  dismissed  with  costs  this  includes  all  costs  reserved  ;  see 
Hodges  v.  Hodges,  25  W.  R.  1(!2;  Memorandum,  W.  N. 
(1876)  271,  where  the  M.  R.  said  that  he  would  give  in- 
structions to  the  registrars  to  insert  without  special  direc- 
tions in  all  orders  made  in  that  branch  of  the  Court  the 
words  "including  costs  of  all  applications  ordered  to 
stand  over  until  trial,  and  all  costs  reserved  to  be  dis- 
posed of  at  the  trial."  Where  the  costs  of  the  suit  were 
reserved  till  further  consideration,  but  no  mention  was 
made  of  the  reserved  costs  of  a  motion  in  the  cause,  it 
was  held  that  the  costs  of  the  motion  were  not  included 
in  the  general  reservation  of  costs,  and  no  order  could  be 
made  respecting  them  (Gardner  v.  Marshall,  14  Sim. 
575 ;  and  see  Whalley  v.  Ramage,  8  L.  T.  499).  How- 
ever, where  certain  costs  reserved  till  the  hearing  were 
by  mistake  omitted  to  be  mentioned  in  the  decree  which 
had  been  enrolled,  the  Court  of  Apj)eal  on  petition  made 
a  separate  order  for  their  payment  under  the  general  liberty 
to  apply  reserved  (Viney  v.  Chaplin,  3  De  G.  &  J. 
282  ;  Harris  v.  HUliard,  20  L.  T.  216).  And  in  Fritz  v. 
Hobson,  14  Ch.  D.  542  ;  28  W.  R.  722 ;  42  L.  T.  677,  where 
a  motion  for  an  interim  injunction  was  adjourned  to  the 
trial,  no  order  being  made  as  to  costs  and  liberty  to  apply 
not  being  expressly  reserved,  it  was  held  that  either  under 
the  liberty  to  apply  reserved  by  the  judgment,  or  under 


C0,ST?5    OF   MOTIONS   AND    PETITIONS    GKNKItALLV.  51 

the  liberty  to  apply  implied  in  the  order  adjourning  the 
motion,  or  by  virtue  of  R  S.  C.  Ord.  XLIa.  (Dec.  1879),  the 
Court  had  jurisdiction  to  order  the  payment  of  these  costs  ; 
and  a  separate  order  was  accordingly  made  directing  the 
taxation  and  payment  of  the  plaintiff's  costs  of  the  motion. 
And  see  also  Mounsey  v.  Earl  of  Lonsdale,  G  Ch.  141. 
It  is  submitted  that  these  cases  correctly  express  the 
practice  of  the  Court;  and  that  Kendall  v.  Marsters, 
2  De  G.  F.  &  J.  200,  where  Lord  Campbell,  C,  expressed 
an  opinion  that  the  ordinary  direction  for  liberty  to  apply 
did  not  extend  to  an  application  to  be  allowed  costs  not 
expressly  provided  for  by  the  decree,  cannot  be  relied  on. 
When  an  interlocutory  motion  is  refused,  and  at  the  same 
time  the  Court  makes  an  order  as  to  costs  of  the  motion, 
this  addition  does  not  enlarge  the  time  for  appealing 
{Stvindell  v.  BirmingJiavi  Syndicate,  3  Ch.  D.  127 ; 
24  W.  K.  911).  In  Chilton  v.  Gamyhell,  20  Beav.  .5,31,  Costs  of  .a 
a  motion  to  restrain  an  action  at  law  was  refused  on  the  refused 
ground  that  the  plaintiff's  equity  might  be  enforced  as  Y'^^^  ^°^*^'' 
well  after  as  before  verdict,  but  the  costs  were  made  at  once  cause, 
costs  in  the  cause  ;  and  see  CkirJcy.  Wathins,  1  N.  R,  342  ; 
Walker  v.  Daniell,  22  W.  K  595  ;  30  L.  T.  357  ;  Hard- 
wich  V.  WrigJit,  13  W.  R  560 ;  12  L.  T.  138 ;  11  Jur.  N. 
S.  297 ;  Duchett  v.  Gover,  25  W.  R.  554 ;  Kinsman  v. 
Jackson,  28  W.  R.  837. 

The  party  moving,  although  he  is  successful,  must  pay  2.  Where 
the  costs  of  his  application  if  it  is  rendered  necessary  by  jg  occa- 
his  own  default ;  as  where  the  plaintiff  omitted  to  file  «ioneci  by 

/  r,    J  .  ^  T  t^^^  default 

interrogatories  in  time  {Dak ins  v.    Garratt,  4  Jur.  N.  S.  of  the 
579,   where   the   costs  were  fixed    at  50s.)  ;  or  where  a  "^°y™s 

party ; 
party  applies,  after  the  evidence  is  closed,  for  leave  to 

file   an   affidavit  negligently  omitted  to  be  filed  before 

{Douglas  v.  Archbutt,  2.3  Beav.  293  ;  Connolly  v.  Smyth, 

Ir.  R.  3  Eq.  145).     And  see  Campbell  v.  Joyce,  2  Eq.  377 ; 

'Willio.ms  V.   Carmarthen  Ry.  Co.,  17  W.   R.    34G  ;  12 

L.  T.  762  ;  but  see  Robh  v.   Connor,  Ir.  R.  4  Eq.  574. 

The    same    rule    in   general    applies,    but    less    strictly, 

E  2 


52  COSTS    OF    AN    ACTION    GENERALLY. 

or  he  is       where  the  party  moving,  though  not  in  default,  is  seeking 
seeking  an  ^^   indulgence  from  the  Court  [BartlcU  v.  Harton,   17 

indulgence.  "^  ^ 

Beav.  479,  482;  Cocks  v.  Purday,  12  Beav.  451; 
Blachnan  v.  Cornish,  42  L.  J.  Ch.  576  ;  21  W.  R.  741  ; 
29  L.  T.  85)  ;  and  see  also  Sohey  v.  Sobey/U  Eq.  200  ; 
42  L.  J.  Ch.  271  ;  21  W.  R  309;  27  L.  T.  808;  but 
the  right  of  the  other  party  to  claim  such  costs  must 
not  be  abused  (Attorney-General  v.  Corporation  of 
Halifax,  18  W.  R  37).  Thus  it  was  held  that  the  costs 
of  an  application  to  advance  a  cause,  whether  successful 
or  not,  must  be  paid  by  the  party  applying  {Broivne  v. 
Lockhart,  10  Sim.  420)  ;  but  see  contra,  Carthetu  v.  Bar- 
clay, 10  Sim.  273,  where  they  were  made  costs  in  the 
cause  ;  see  also  Adair  v.  Youncf,  11  Ch.  D.  136 ;  40  L.  T. 
598  ;  Norton  v.  L.  &  X.  W.  By.  Co.,  27  W.  R.  773  ;  40  L.  T. 
597.  In  Weston  v.  Cohen,  20  L.  T.  299,  a  motion  by  the 
defendant,  who  had  been  attached  for  Avant  of  an  answer,  to 
discharge  the  attachment  was  allowed,  but,  under  the  cir- 
cumstances, without  costs.  Where  defendants  applied,  suc- 
cessfully, to  be  struck  out,  under  R.  S.  C.  Ord.  XYI.,  r.  13, 
they  were  refused  their  costs  because  they  had  not  applied 
sooner  {Vcdlancc  v.  Birniingharn,  (tc.  Corporcdioii,  2  Ch. 
D.  369  ;  24  W.  R.  454).  A  defendant  who  raises  a  new  de- 
fence by  amendment  will  have  to  pay  the  costs  rendered 
necessary  by  his  not  having  put  in  such  defence  at  an  earlier 
period,  subject,  however,  to  such  directions  as  the  Court 
may  think  fit  to  give  where  it  sees  that  unnecessary  or 
oppressive  costs  have  been  incurred  by  the  plaintiff  in 
opposing  the  application  [Cargill  v.  Boiver,  4  Ch.  D.  78  ; 
46  L.  J.  Ch.  175  ;  25  W.  R.  221  ;  35  L.  T.  621).  The 
costs  of  an  application  to  set  aside  a  judgment  obtained 
by  default  must  be  paid  by  the  party  applying  [Cockle  v. 
Joyce,  7  Ch.  D.  56 ;  47  L.  J.  Ch.  543  ;  26  W.  R.  59  ;  37 
L.  T.  428 ;  Wright  v.  Clifford,  26  W.  R  369  ;  Burgoine 
v.  Taijlor,  26  W.  R.  568  ;  38  L.  T.  438  ;  King  v.  Sande- 
Petitioner.  man,  26  W.  R.  569  ;  38  L.  T.  461).  And  where  a  defect- 
ive decree  was  rectified  on  petition,  the  plaintiff,  through 


COSTS    OF   MOTIONS   AND    PETITIONS    GENERALLY.  53 

whose  omission  the  defect  had  arisen,  was  ordered  to  pay 
the  costs  of  the  petition  (Williaoiis  v.  Carmarthen  Ry. 
Co.,  17  W.  K.  346;  19  L.  T.  762). 

The  staying  of  proceedings  under  a  decree,  pending  an  Staying 
appeal  against  it,  is  an  indulgence  which  will  only  be  f^gs^under 
granted  under  special  circumstauces ;  and  the  costs  of  an  decree 
application  for  that  purpose  must,  as  a  general  rule,  he  appedf 
paid  by  the  party  applying,  Avhether  successful  {Merry  v. 
Nlckalls,  8  Ch.  205  ;  42  L.  J.  Ch.  479  ;  21  W.  K  305 ;  28 
L.  T.  296  ;  Cooper  v.  Cooper,  2  Ch.  D.  492— where  it  was 
held  that  no  alteration  had  been  made  in  the  former  prac- 
tice as  to  the  payment  of  costs  in  such  cases — Morgan  v. 
Elford,  4  Ch.  D.  352  ;  25  W.  K.  136  ;  Bauer  v.  Mitford, 
9  W.  R.  135  ;  Topham  v.  Duke  of  Portland,  1  Be  G.  J. 
&  S.  603  :  11  W.  R.  813  ;  Lamb  v.  Fames,  23  L.  T.  135  ; 
Be  Peninsular  Bank,  Jopp's  Case,  W.  N.  (1867)  192)  ; 
or  unsuccessful  {Waldo  v.  Caley,  16  Ves.  212;  Atherton 
V.  British  Nation  Assurance  Co.,  5  Ch.  720  ;  Grant  v. 
Banque  Franco-Egyptienne,  3  C.  P.  D.  202 ;  47  L.  J, 
Ch.  455 ;  26  W.  R.  669  ;  38  L.  T.  612  ;  Beattie  v.  Lord 
Ebury,  28  L.  T.  458).  And  see  also  Attorney-General  v. 
Swansea,  dx.,  Co.,  9  Ch.  D.  46,  where  the  motion  was 
withdrawn.  In  some  cases  it  was  held  that  tlie  costs 
should  abide  the  event  of  tlie  appeal  {Burdick  v.  Garrick, 
5  Ch.  453) ;  see  Walford  v.  Walford,  3  Ch.  812  ;  5  Ch. 
455  n.  (4);  16  W.  R.  1161:  19  L.  T.  233,  where  no 
costs  were  given;  and  see  Earl  of  Shrewsbury  v.  Trap>pef, 
2  De  G.  F.  &  J.  172,  where  Knight  Bruce,  L.  J.,  said  that  it 
was  not  an  inflexible  rule  that  a  person  applying  under 
such  circumstances  must  pay  the  costs  of  the  application. 
In  Morison  v.  Morison,  1  Jur.  N.  S.  339  ;  3  W.  R. 
296,  Stuart,  V.  C,  refused  to  give  costs  against  the 
petitioner,  although  the  petition,  there  being  no  special 
circumstances,  could  not  be  granted  ;  see  also  Barrs  v. 
Fewkes,  1  Eq.  392  ;  Wilson  v.  West  Hartlepool  Ry.,  34 
Beav.  414.  Where  both  parties  obtained  a  benefit  by 
the  order,  the  costs  of  the  application  were  made  costs  in 


COSTS   OF   AX   ACTION   GENERALLY. 


by  the 
other 
party's 
default, 


the  appeal,  notwithstanding  the  general  rule  in  Merry  v. 

Nickalls  {Adair  v.  Yoimg,  11  Ch.  D.  136 ;  40  L.  T.  598). 

If  the  decree  or  order  appealed  from  is  reversed  before 

the  application  to  stay  proceedings  is  heard,  there  being 

no   longer   any  presumption  of  the  correctness  of  such 

decree  or  order,  the  costs  of  the  application  will  be  costs 

in  the  cause  {Richarchon  v.  Bank  of  England,  1  Beav. 

153),  or  no  costs  of  it  will  be  given  (Pennell  v.  Boy, 

1  W.  R  271). 

3.  ■Where        If,  on  the  other  hand,  the  motion  is  rendered  necessary 

the  motion  ]j„  ^|^g  respondent's  default,  he  must  pay  the  costs  of  it  if 

IS  rendered     -^  m  7-7  tvt     t->  mi 

necessary  it  is  successful  {Tampier  V.  Ingle,  1  N,  E,  159).  Thus, 
where  a  bill  was  dismissed  with  costs,  the  plaintiff  was, 
nevertheless,  held  entitled  to  the  costs  of  a  second  motion 
for  the  production  of  documents  rendered  necessary  by 
the  defendant's  omission  of  certain  documents  froni  his 
first  schedule  {Lovell  v.  Yates,  11  L.  J.  Ch.  158 ;  6  Jur. 
479).  Again,  the  costs  of  a  successful  motion  to  make  a 
co-plaintiff,  who  had  revoked  his  authority,  a  defendant, 
were  given  against  the  co-plaintiff  {Broivn  v.  SoAuer, 
3  Beav.  598).  And  the  same  rule  was  followed  when  the 
opposite  party's  bad  faith  had  occasioned  the  application 
(Re  Cattlin,  30  L.  T.  (Old.  S.)  110,  affirming  S.  C.  3  Jur. 
N.  S.  33).  The  party  moving  will  be  entitled  to  his 
costs,  and  to  bring  the  motion  on  for  the  purpose  of 
obtaining  them,  although  the  motion  is  intercepted  by  the 
opposite  j)arty's  compliance  w^ith  the  order  sought  {Neiv- 
ton  v.  Richetts,  11  Beav.  164  ;  Maiv  v.  Marsden,  4  Jur. 
1079  ;  Acl-erley  v.  Frodsham,  8  L.  J.  Ch.  240  ;  RcMinter, 
19  Beav.  33).  The  motion  in  the  case  last  cited  was  for 
a  solicitor,  after  taxation  and  payment,  to  d-eliver  papers, 
which  were  delivered  before  the  motion  was  heard  ;  but 
in  Feasmdl  y.  Coidtarf,  1  Keen,  183,  and  J/i  re  Christ- 
mas, 19  Beav.  519,  it  was  held  that  the  costs  of  the 
common  '  four  day  order '  were  payable  by  the  party 
applying  for  it.  And  see  Meacham  v.  Cooper,  21  W.  K. 
745  ;  Re  Devonshire,  32  Beav.  241,  where  an  application 


COSTS    OF    MOTIO^'S    AKD    PETITIONS   GENERALLY.  55 

by  a  respondent  for  leave  to  file  a  copy  of  a  petition,  of 
which  the  petitioner  refused  to  file  the  original,  was 
allowed  with  costs  ;  Yeatman  v.  Read,  35  L.  J.  Ch.  17G, 
14  W.  R  123  ;  13  L.  T.  580.  In  Patterson  v.  Wooler, 
2  Ch.  D.  586  ;  24  W.  K  455 ;  45  L.  J.  Ch.  274  ;  34  L.  T. 
415,  defendant  trustees,  who  had  improperly  refused  to 
alloAv  the  evidence  to  be  taken  by  affidavit  instead  of  vivcl 
voce,  were  ordered  to  pay  the  costs  of  a  motion  that  the 
evidence  should  be  taken  by  affidavit,  although  the  motion 
Avas,  under  R.  S.  C.  Ord.  XXXVII.,  r.  1,  of  necessity 
refused. 

Under  this  class  of  cases  come  motions  to  dismiss  for  Costs  of 
want  of  prosecution.     According  to  the  present  practice  tfo^g'^t'^J 
the  defendant  may  apply  to  dismiss  the  action  for  want  of  dismiss  for 
prosecution  if  the  plaintiff  (1)  being  bound  to  deliver  a  prosem- 
statement  of  claim  does  not  deliver  the  same  within  the  tio°- 
time  allowed ;  (2)  fails  to  comply  with  an  order  to  answer 
interrogatories,  or  for  discovery  or  inspection  of  documents  ; 
(3)  fails  to  give  notice  of  trial  within  six  weeks  after  the 
close  of  the  pleadings  or  such  extended  time  as  the  Court 
or  judge  may  allow ;  see  K  S,  C.  Ord.  XXIX.,  r.  1  ;  Ord. 
XXXI.,  r.  20 ;  Ord.  XXXVI.,  r.  4a. 

The  application  should  generally  be  made  by  summons 
at  Chambers  rather  than  by  motion  in  Court  {Freason  v. 
Loe,  26  W.  R.  138),  but  may  be  made  either  Avay  (Evelyn  v. 
Evelyn,  13  Ch.  D.  138).  If  the  usual  notice  is  given  and  the 
plaintiff  does  not  at  once  submit  to  speed  the  cause  and 
tender  the  costs  of  the  notice,  the  defendant,  if  the  usual 
order  is  made,  will  have  his  costs  of  making  the  motion  in 
Court  (Evelyn  v.  Evelyn). 

Where  a  motion  to  dismiss  failed  but  there  had  been 
some  irregularity  on  the  plaintiffs  part  no  order  was  made 
on  the  motion  except  that  the  costs  of  all  parties  should 
be  costs  in  the  action  (Amhroise  v.  Evelyn,  11  Ch.  D.  759  ; 
27  W.  R  639). 

In  Higginhottom  v  Aynsley,  3  Ch.  D.  288  ;  24  W.  R 
782,  Hall,  V.  C,  gave  the  plaintiff,  who  appeared  and  gave 


56  COSTS    OF   AX   ACTION   GEKERALLY. 

a  reason  for  his  delay,  a  week  in  wliicli  to  take  further  pro- 
ceedings, he  paying  the  costs  of  the  motion  ;  and  see 
Sutton  V.  Huggins,  W.  N.  (1875)  235. 

The  defendant  if  otherwise  in  a  position  to  move  may 
obtain  his  costs  although  the  motion  cannot  be  granted  by 
reason  of  the  plaintiff  having  taken  the  next  step  in  his 
action  {Corry  v  Curleids,  8  Beav.  606),  or  obtained  an 
order  to  amend  (Findlay  v.  Lawrance,  11  Jur.  705) ;  but 
not  if  the  plaintiff  also  tenders  the  costs  incurred  up  to 
that  time  {Nevton  v.  Ricketts,  11  Beav.  164)  ;  and  see 
Hewison  v.  Kenmir,  W.  N,  (1874)  145. 

Where  one  of  several  defendants  has  delivered  his 
defence  and  the  time  for  the  plaintiff  to  reply  to  it  has  ex- 
pired, but  the  plaintiff  has,  without  the  knowledge  of  that 
defendant  agreed  with  the  other  defendants  to  extend  the 
time  for  delivering  their  defences,  that  defendant  cannot 
move  to  dismiss  the  action  as  against  him  for  want  of 
prosecution,  the  pleadings  not  yet  being  closed  within  the 
meaning  of  R.  S.  C.  Ord.  XXIX.,  r.  12,  and  Ord.  XXXYI., 
rr.  4,  4a.  The  defendant's  course  in  such  circumstances  is 
to  write  to  the  plaintiff's  solicitor  and  inquire  how  the 
action  stands  as  regards  the  other  defendants  {Ainhroise 
V.  Evelyn).  A  motion  to  dismiss  for  want  of  prosecution 
will  be  refused  with  costs  if  the  defendant's  conduct  has 
been  improper  {Partington  v.  BaiUie,  5  Sim.  667;  Win- 
throp  V.  Murray,  7  Ha.  150  ;  Barber  v.  Kavanagli,  1  C.  P. 
C.  418  ;  Hay  v.  Farr,  ibid.  419) ;  and  see  also  Ingle  v.  Par- 
tridge, 33  Beav.  287  ;  Barker  v.  Piele,  12  W.  R  460  ;  Herd 
V.  Lupton,  \V.  N.  (1869)  29  ;  19  L.  T.  674  ;  London,  dc  Co. 
V.  Ehvorthy,  18  W.  R.  246.  A  motion  to  dismiss  a  bill 
of  discovery  for  want  of  prosecution  was  irregular  and 
Avould  be  dismissed  with  costs  (Bennett  v.  Harrap,  22  L. 
T.  647).  A  defendant  moving  to  dismiss  will  not  lose  his 
costs  because  he  has  allowed  some  time  to  expire  since  he 
was  in  a  position  to  do  so  (Athenceuni  Assurance  Co.  v. 
Bartlett,  5  W.  R.  477)  ;  but  on  the  other  hand,  the  motion 
Avas  refused  with  costs,  where  notice  was  given  before. 


COSTS   OF   MOTIONS   AND    PETITIONS   GENERALLY.  57 

though  the  motion  came  on  after,  the  time  fixed  by  the  Con- 
soHdated  Orders  (Ponsardiny.  Stear,  2N.  R.476;  32  Beav. 
666 ;  11  W.  R.  926,  and  the  cases  there  cited). 

Where  on  motion  to  dismiss  for  want  of  prosecution 
'  the  usual  order '  was  made,  but  incorrectly,  as  the  suit 
had  abated,  the  defendants  were  held  not  entitled  to  the 
costs  of  the  motion  to  dismiss  (Hinde  v.  Morton,  13  W.  R. 
401).  Where,  after  notice  of  motion  to  dismiss  had  been 
given,  the  plaintiff's  solicitor's  clerk  by  mistake  gave  an 
undertaking  to  speed  the  cause  within  fourteen  days,  the 
plaintiffs  being  in  reality  anxious  to  amend,  and  at  the  end 
of  the  fourteen  days  the  defendants  moved  to  dismiss,  the 
motion  was  refused  and  the  plaintiff's  solicitors  were 
ordered  to  pay  the  costs  of  the  application  personally 
(She^eld  v.  Sheffi^cld,  23  W.  R.  150 ;  S.  C.  10  Ch.  206  ;  44 
L.  J.  Ch.  304 ;  23  W.  R.  878). 

The  costs  of  a  successful  motion  to  commit  any  person  Motion  to 
for  contempt  are  payable  by  such  person  (Pennell  v.  Roy,  ^°"^^^^  ^°'" 
1  W.  R.  271  ;  Fr'qjp  v.  Bridgeiuater  and  Taunton  Canal 
Co.,  3  W.  R.  356  ;  Lane  v  Sterne,  3  Gifif.  629  ;  Da^u  v. 
I^lei/,  7  Eq.  49).  In  the  last  case  a  motion  to  commit  the 
publisher  of  a  newspaper  for  contempt  in  publishing  cer- 
tain letters  was  refused,  but  without  costs,  he  having  been 
in  some  degree  to  blame  ;  and  see  Tichhorne  v.  Mostyn, 
7  Eq.  55  n.  (1) ;  In  re  Cheltenham  Wagon  Co.,  8  Eq. 
580  ;  In  re  Bryant,  4  Ch.  D.  98  ;  In  re  Fells,  ex  parte 
Andrews,  4  Ch.  D.  509  ;  Ex  parte  Langley,  Ex  parte 
Smith,  In  re  Bishop,  13  Ch.  D.  110 ;  Jackson  v.  Matvby, 
1  Ch.  J).  87  ;  45  L.  J.  Ch.  53  ;  24  W.  R.  92  ;  Baker  v. 
Baker,  W.  N.  (1876)  256 ;  Steele  v  Hutchings,  W.  IS". 
(1879)  18.  Where  the  defendant,  against  whom  an  interim 
injunction  had  been  obtained,  had  not  received  clear  notice 
of  the  continuance  of  the  injunction,  but  the  Vice  Chan- 
cellor held  that  under  the  circumstances  his  solicitor  ought 
to  have  known  and  in  fact  did  know  of  it,  the  motion 
was  refused,  but  without  costs  (Carrow  v.  Ferrior,  Dunn  v. 
Ferrior,  1 7  L.  T.  536).     The  order  is,  strictly,  for  committal 


58  CO«TS   OF  AN   ACTION   GENERALLY. 

for  the  contempt, but  it  has  been  usual  to  ask  only  for  the 
costs  of  the  motion  by  way  of  penalty  (Bullen  v.  Ouey,  16 
Ves.  144  ;  Leonard  v.  AthveU,  17  Ves.  386).  If  the  party 
cannot  be  treated  as  liable  to  commitment,  he  cannot  be 
made  to  pay  the  costs  as  the  price  of  tlie  contempt.  An 
order  of  this  kind  merely  directing  the  defendant  to  pay 
the  costs  may  of  course  be  appealed  from  {Witt  v.  Corcoran, 
2  Ch.  D.  69  ;  45  L.  J.  Ch.  603  ;  34  L.  T.  550  ;  24  W.  R. 
501).  But  there  is  no  rule  that  a  motion  to  commit  if 
refused  must  be  refused  with  costs  ;  and  an  appeal  as  to 
costs  in  such  a  case  will  not  be  entertained  {Hope  v. 
Camer/ie,  4  Cb.  264 ;  Ashv:orthv.  Outram,  5  Ch.  D.  943  ; 
and  see  2)0sf,  p.  158). 

The  Court  of  Appeal  has  recently  expressed  a  strong 
opinion  against  the  practice  of  moving  to  commit  for  con- 
tempt when  it  is  not  intended  to  ask  for  a  committal  but 
only  for  an  apology  and  payment  of  costs  ;  a  party  making 
such  a  motion  in  future  instead  of  getting  any  costs  will  in 
all  probability  have  to  pay  them  {Plating  Co.  v.  Farqu- 
hai'son,  17  Ch.  D.  49).  But  such  costs  could  only  be  party 
and  party  costs,  though  costs  as  between  solicitor  and  client 
may  sometimes  be  given  to  the  party  moving  (<'6ifZ.  ;  Steele 
V.  Hutcldngs,  W.  N.  (1879)  18).  Where  a  party  in  cus- 
tody for  contempt  has  purged  his  contempt,  he  cannot  be 
detained  in  prison  for  non-payment  of  the  costs  of  his 
contempt  {Jackson  v.  Maivhy). 

The  costs  of  an  application  to  commit  must  be  recovered 
together  with  the  other  costs  of  the  contempt ;  otherwise, 
it  seems,  they  cannot  be  obtained  as  costs  in  the  cause, 
and  will  be  lost  {Const  v.  Ehers,  1  Mad.  530  ;  Attorney- 
General  v  Lord  Carrington,  6  Beav.  454 ;  Landars  v. 
Allen,  6  Sim.  619,  notwithstanding  Anon.  15  Yes.  174). 
As  to  the  costs  of  contempt  incurred  by  paupers,  see  2^ost, 
Ch.  VI.,  s.  IX. 
When  costs  If  the  sheriff  having  a  person  in  his  custody  under  an 
°^  ^°'^'    ,   attachment  for  non-payment  of  a  sum  of  money  lets  him 

tempt  and  ^  •  •     i  •  ^ 

damages     go  at  large,  he  may  be  ordered  on  motion  to  indemnify  the 


COSTS    OF   MOTIONS   AND    PETITIONS   GENEKALLV.  59 

party  to  whom  the  sum  was  payable,  and  to  pay  the  costs  may  be 
of  the  application  {Levett  v  Letteney,  Beames,  App.    5  ;  fi^o^^^he 
Solly  V.  Greathead,  Beames.  App.  6,  S.  C.  Anon.  11  Ves.  sheriff. 
170 ;  Moore  v.  Moore,  25  Beav.  8).    But  the  measure  of  the 
sheriff's  liability  is  not  the  whole  sum  due,  but  the  amount 
which  would   probably  have    been    recovered    from    the 
prisoner  {Moore  v.  Moore). 

Where  a  sheriff's  officer  took  a  solicitor  into  custody  on  Sheriff 
a  writ  of  attachment,  while  the  latter  was  on  his  way  to  '^^J".^^*i°s  '^ 

'  ^  J  solicitor  ou 

conduct  a  case  for  a  client,  notwithstanding  that  the  officer  his  way  to 
had  been  warned  of  the  fact,  the  parties  served  with  the  ^ase  for  a 
notice  of  motion  to  discharge  (both  the  plaintiff  and  the  client, 
officer),  were  made  personally  liable  for  the  costs  of  the 
motion  {DoM  v.  Holhrooh,  14  W.  R.  125  ;  13  L.  T.  426  ; 

11  Jur.  N.  S.  969;  12  Jur.  N.  S.  19;  35  L.  J.  Ch.   175, 
following  the  decision  of  Lord  Eldon  in  List's  Case,  2  V. 

6  B.  373). 

Where  a  sheriff  had  failed  to  make  any  return  to  a  Sheriff 
writ  of  ^.  fa.,  notwithstanding  an  order  of  course  directing  ^ake^a  ° 
him  to  make  his  return  forthwith,  he  was,  upon  an  appli-  return  to 
cation  ex  parte  against  him  for  an  order  nisi,  ordered  to ' 
pay  both  the  costs  of  the  order  nisi  and  of  the  previous 
order  of  course    {in  re   He  Iron's  Estate,  Hall   v.   Ley, 

12  Ch.  D.  795  ;   27  W.  E.  750,  following  Eva7is  v.  Bavies, 

7  Beav.  81). 

As  a  general  rule  an  action  instituted  in  one  branch  Motion  to 
of  the  Chancery  Division  when  another  action  as  to  the  *'^^"^^^''- 
same  matter  is  pending  in  another  branch  will  be  trans- 
ferred to  the  latter,  and  the  plaintiff  in  the  second  action 
may  have  to  pay  the  costs  of  the  transfer  ;  but  the  plaintiff" 
in  the  first  suit  ought  before  giving  notice  of  motion 
to  ask  the  plaintiff  in  the  second  suit  for  his  consent  to  the 
transfer,  and  if  he  neglect  to  do  so  may  have  to  pay  the 
costs  of  the  application  (Lyall  v.  Weldhen,  9  Ch.  287  ; 
22  W.  R.  633 ;  30  L.  T.  146  ;  Sayers  v.  Corrie,  9  Ch.  52 ; 
43  L.  J.  Ch.  337  ;  22  W.  R.  101  ;  29  L.  T.  602  ;  Salter  v. 
Tildesley,  13  W.  R.  376  ;  11  L.  T.  759  ;  Orrell  v.  Busch, 


60  COSTS    OF   AN   ACTION   GENERALLY. 

5  Ch.  467;  IS  W.  R.  58S  ;  22  L.  T.  461).  The  applica- 
tion of  the  rule  is  not  affected  by  the  fact  that  a  decree 
has  been  made  in  the  second  suit  {Lucas  v.  Siggers, 
7  Ch.  517;  41  L.  J.  Ch.  364  ;  20  W.  R.  478  ;  26  L.  T. 
651).  Where  a  party  on  insufficient  grounds  refuses  to 
consent  to  a  transfer  he  must  pay  the  costs  if  the  notice  of 
motion  asks  for  them  (Cocq  v.  Hunasgeria  Coffee  Co., 
4  Ch.  415  ;  17  W.  R.  509  ;  20  L.  T.  207).  And  as  to 
transfers  from  one  Division  to  another  of  the  High  Court, 
or  from  one  judge  to  another  of  the  Chancery  Division,  see 
further  R.  S.  C.  Ord.  LI. ;  Cannot  v.  Morgan,  1  Ch.  D.  1  ; 
24  W.  R.  91  ;  45  L.  J.  Ch.  50  ;  33  L.  T.  402  ;  Chapman 
V.  Real  Property  Trust,  7  Ch.  D.  732.  In  Holloivay  v. 
York,  2  Ex.  D.  333  ;  25  W.  R.  403,  the  costs  of  an  appli- 
cation  to  transfer  an  action  from  the  Exchequer  to  the 
Chancery  Division,  and  the  costs  of  the  appeal,  were  made 
costs  in  the  action  ;  and  see  In  re  Timms,  26  W.  R.  692  ; 
38  L.  T.  679  ;  Smith  v.  WJdcJicord,  Evans  v.  Dehenham, 
Dehenkam  v.  Lacey,  24  W.  R.  900. 
4.  Where  Where  a  motion  is  made  irregularly,  the  moving  party 
the  motion  j^-,^jg|^  \^^  general  pav  the  costs  of  it ;  but  it  is  not  of  course 

IS  irregu-  o  i    ^  ' 

larly  made,  that  he  should  do  SO.  In  Keuion  v.  Chorlton,  10  Ha. 
app.  xxxii.,  where  short  notice  of  motion  had  been  given 
withoiit  the  leave  of  the  Court,  V.  C.  Wood  said  it  was 
not  of  course  to  make  the  party  moving  pay  the  costs, 
unless  any  costs  had  been  specially  occasioned  to  the 
other  parties  by  the  irregularity ;  and  he  there  gave  no 
costs,  following  an  unreported  case  of  Blakeneyw.  Bufaur, 
cor.  Sir  J.  Romilly,  M.  R.  ;  and  see  Steedman  v.  Poole, 
10  Jur.  979,  where  the  defendant  served  notice  of  motion 
to  dismiss  for  want  of  prosecution  for  a  day  not  a  seal  day, 
and  the  plaintiff  having  in  the  meantime  filed  replication, 
the  Court  refused  the  defendant  his  costs,  but  did  not 
make  him  pay  any.  In  Russell  v.  L.  C.  d-  D.  Ry.  Co., 
9  L.  T.  14,  a  motion  by  defendant  to  restrain  an  action  by 
a  co-defendant  before  decree  was  refused  with  costs. 
Affidavits  were  held  to  be  inadmissible  on  motion  after 


COST"!    OF    MOTIONS    AND    PKl'lTrONS    (iKNEItALI.V.  f>l 

answer,  under  tlie  old  practice,  to  contradict  it,  and  a 
motion  on  affidavits  under  tliose  circumstances  was  there- 
fore refused  with  costs  as  irregular  {Barioell  v.  Barwell, 
5  Beav.  373  ;  and  see  Castellani  v.  Blumenthal,  12  Sim. 
47,  and  Ordv.  White,  3  Beav.  357).  Where  the  plaintiffs 
gave  an  invalid  notice  of  motion  and  then  failed  to 
appear,  the  Exchequer  Division  held  that  the  defendants 
were  not  bound  to  appear  either,  and  were  not  entitled 
to  their   costs   of  doing   so    {Daiibney    v.    S/iuttleiuorth, 

I  Ex.  D.  53). 

Where  a  successful  application  was  made  by  motion, 
which  should  properly  have  been  made  by  summons,  only 
the  costs  of  a  summons  in  Chambers  attended  by  counsel 
were  allowed  (Marriott  v,  Marriott,  2G  W.  R.  416).  In 
Meyrick  v.  James,  46  L.  J.  Ch.  579,  a  motion  to  take 
certain  affidavits  off  the  file  was  refused  as  irreij:ular, 
but  under  the  circumstances  no  order  Avas  made  as 
to  costs. 

The  Court  can  dismiss  with  costs  an  application,  which 
it  has  no  jurisdiction  to  entertain  (Ee  Isaac,  4  My.  & 
Cr.  11).  And  see  Yearsley  v.  Yearsley,  19  Beav.  1,  where 
notice  of  motion  in  a  Vice  Chancellor's  cause  was  ir- 
regularly given  before  the  Master  of  the  Rolls  ;  but  in 
Rasldeigh  v.  Mount,  16  Sim.  390,  such  a  motion  was 
treated  as  abandoned.  So  also,  the  Court  may  refuse 
with  costs  a  motion  to  enforce  an  order  which  it  iiad  no 
jurisdiction  to  make  {In  re  King,  10  Sim.  605).  In 
Pearse  v.  Cole,  16  Jur.  214,  a  motion  by  a  married 
woman  without  a  next  friend  was  dismissed  with  costs  to 
be  paid  by  her  solicitor.  See  now  R.  S.  C.  Ord.  XVI.,  r.  8, 
and  see  2^ost,  Ch.  VI.,  s.  Vltl.  A  party  having  an  objection 
of  form  should  be  prepared  to  answer  the  merits,  otherwise 
he  will  have  to  pay  the  costs  of  the  application  standing 
over  for  him  to  file  affidavits  (Ex  parte  Bellott,  2  Mad. 
261).      But    see    Camille   v.   Donato,    13   W.    R.    358; 

II  L.  T.  584;  11  Jur.  N.  S.  26,  where  a  defendant  having 
succeeded   in   dissolving   an   interim   injunction,  on   the 


G2 


COSTS    OF   AN   ACTION   GENERALLY. 


or  is  made 
to  dis- 
charge a 
previous 
order  irre- 
gularly 
obtained. 


Receiver 

improperly 

appointed. 


oToiind  of  want  of  parties,  was  not  allowed  the  costs  of 
affidavits  to  the  merits  not  read. 

In  like  manner,  the  party  guilty  of  the  irregularity 
must  pay  the  costs  of  a  motion  to  discharge  an  order 
irregularly  obtained  {Froicd  v.  Lcaurence,  1  J.  &  W.  655 ; 
Darley  v.  Nicholson,  2  Dr.  &  War.  86;  Stephenson  v. 
Biney,  2  Eq.  303  ;  14  W.  R  788 ;  14  L.  T.  432  ;  12  Jur. 
N.  S.  428,  where  the  order  was  an  order  of  course  ;  War- 
rick V.  Queens  College,  Oxford,  16  W.  R.  884  ;  18  L.  T. 
752)  ;  and  notwithstanding  that  an  offer  is  made  to  pay 
all  the  expenses  which  the  party  has  been  put  to  in  con- 
sequence of  the  irregularity  {Froivd  v.  Laivrence).  So  also 
of  a  motion  to  take  off  the  file  a  document  irregularly 
filed  {Official  Liquidators  of  the  Southampton,  &c.  Steam- 
boat Co.  V.  Raiulins,  3  N.  R.  349  ;  McKeivan  v.  Sander- 
son, 21  W.  R.  807 ;  29  L.  T.  206  ;  Spittle  v.  Walton, 
11  Eq.  420);  or  filed  by  a  solicitor  without  proper 
authority  (see  post,  p.  86)  ;  but  not  if  the  party  moving 
raises  an  issue  on  which  he  cannot  be  believed  {Jerdein  v. 
Bright,  10  W.  R.  380).  In  Ashley  v.  Taylor,  48  L.  J.  Ch. 
406 ;  27  W.  R.  228,  the  costs  were  made  costs  in  the 
action. 

In  Allen  v.  Lloyd,  12  Ch.  D.  447;  28  W.  R.  8,  the 
plaintiff,  a  member  of  the  firm  of  solicitors  acting  for  the  de- 
fendant, was  appointed  receiver  ;  the  Court  of  Appeal  held 
that  the  appointment  Avas  improper,  discharged  him  from 
being  receiver  and  ordered  him  to  pay  the  costs  in  both 
Courts. 

Where  an  order  had  been  made  outside  the  terms  of  the 
motion  the  Court  of  Appeal  considered  that  it  must  have 
been  made  25^*'  incuriam,  and  discharged  the  order  with 
costs  {West  V.  Downman,  27  W.  R.  697). 

Where  an  order  had  been  made  at  chambers,  by  consent, 
which  the  Court  had  as  a  matter  of  fact  no  power  to  make, 
on  the  cause  coming  on  for  hearing  upon  the  order  it  was  dis- 
charged, and  the  costs  were  made  costs  in  the  cause  {Republic 
of  Bolivia  V.  Bolivian  Navigation  Co.,  24  W.  R.  361). 


COSTS    OF   MOTIONS   AND    PETITIONS    GENKRALLY.  03 

In  Davis  v.  Whigen,  22  W.  R.  109,  an  order  of  course, 
irregularly  obtained,  for  setting  down  a  demurrer  after  the 
time  allowed  by  Cons.  Ord.  XIV.,  r.  14,  had  expired  was 
discharged  with  costs ;  and  see  also  in  re  Norivich 
Building  Society,  22  W.  R.  856,  where  an  order  to  change 
solicitors,  irregularly  obtained,  was  discharged  with  costs. 
An  irregular  order  will  be  discharged  with  costs,  although 
the  irregularity  occurs  through  a  mistake  in  the  registrar's 
office,  it  being  the  duty  of  the  party  procuring  the  order  to 
see  that  it  is  properly  drawn  up  {Landars  v.  Allen,  6  Sim. 
G20) ;  but  see  contra,  Hihherson  v,  Coohe,  4  Mad.  248. 
Where  an  order  had  been  obtained  for  service  out  of  the 
jurisdiction  and  service  had  been  duly  effected,  a  motion 
to  discharge  the  order  was  refused,  the  irregularity  being 
only  small,  but  no  costs  were  given  {Phospho-Guano 
Co.  V.  Guild,  17  Eq.  432  ;  43  L.  J.  Ch.  360  ;  22  W.  E.  526  ; 
30  L.  T.  117).  See  also  Davis  v.  Park,  42  L.  J.  Ch.  204 '; 
21  W.  R.  136  ;  28  L.  T.  295,  affirmed  on  appeal,  21  W.  R.' 
301,  where  the  Court  discharged  with  costs  an  order  for 
service  out  of  the  jurisdiction,  being  of  opinion  that  it 
would  not  be  a  proper  exercise  of  discretion  to  uphold  the 
order;  Tottenham  v.  Barry,  12  Ch.  D.  797;  48  L.  J. 
Ch.  641. 

If  an  order  though  technically  regular  has  been  obtained 
in  breach  of  good  faith,  it  will  also  be  discharged  with 
costs  {Belts  V.  Barton,  3  Jur.  N.  S.  154).  However,  in 
Lloyd  V.  Solicitors  c6  General  Life  Assurance  Co.,  3  W. 
R.  640,  V.  C.  Wood  said  that  the  Court  did  not  encourage 
summary  applications  on  a  mere  slip  in  practice,  without 
communicating  with  the  other  side,  and  gave  no  costs.  In 
Stephens  v.  Worhman,  11  W.  R.  503,  an  order  to  commit 
for  breach  of  an  injunction  was  discharged  for  a  slio-ht 
irregularity  in  the  form  of  it,  but  without  costs  ;  but  in 
Ln  re  Reynolds,  10  W.  R.  709,  it  was  held  that  an  attach- 
ment for  non-payment  of  costs  would  be  set  aside,  if  the 
copy  of  the  taxing-master's  certificate  was  not  a  true  copy, 
however  slight  the  error;  and  in  that  case  costs  of  the 


64  COSTS    OF   AX    ACTION    GENEltALLV. 

application  were  given,  though  the  error  was  only  in  the 
omission  of  the  word  'pounds;'  and  see  In  re  Holt,  11 
Ch.  D.  168  ;  27  W.  R  485  ;  40  L.  T.  207.  Where  a  bill 
■was  filed  on  behalf  of  a  person  of  unsound  mind  not  so 
found  by  inquisition,  and  he  was  afterwards  found  a 
lunatic  by  inquisition,  whereby  the  suit  abated,  and  all 
subsequent  proceedings  taken  without  the  sanction  of  the 
jurisdiction  in  lunacy  became  irregular  and  void,  the  soli- 
citors who  took  jDroceedings  in  the  suit  after  the  date  of 
the  inquisition  were,  on  the  petition  of  the  committee  of 
the  lunatic's  estate,  ordered  to  refund  costs  and  expenses 
which  had  been  paid  out  of  the  estate  under  an  order  in 
the  suit,  and  to  pay  the  costs  of  the  petition,  and  of  an 
appeal,  as  between  solicitor  and  client  (Bcall  v.  Smith,  9 
Ch.  So  ;  43  L.  J.  Ch.  245  ;  22  W.  R.  121  ;  29  L.  T.  (52.5). 

It  seems  the  better  opinion  that  an  irregular  order 
(although  obtained  as  of  course)  is  in  force  until  it  is  dis- 
charged (Blal-e  V.  Blake,  7  Beav.  514  ;  Traile  v.  Bull,  1 
Beav.  475).  In  De  Geneve  v.  Hannami,  1  R.  &  M.  494, 
however,  Lord  Lyndhurst,  C,  expressed  his  opinion  that  an 
order  obtained  in  defiance  of  the  General  Orders  was  a  mere 
nullity,  and  that  it  was  unnecessary  to  set  it  aside ;  and  see 
Tanner  v.  Dean,  4  Mad.  176  ;  Jones  v.  Lord  Charle- 
onont,  12  Jur.  389.  In  Ekhards  v.  Dadleij,  2  Jur.  464,  it 
was  held  that  a  person  was  not  justified  in  refusing  to  obey 
an  order,  which  was  technically  defective,  without  stating  his 
objection  to  it,  and  on  motion  to  cure  the  defect  and  enforce 
the  order,  he  was  refused  lus  costs  of  appearance.  It  is  now 
provided  that  non-compliance  with  any  of  the  rides  of  the 
Supreme  Court  shall  not  render  the  proceedings  in  any 
action  void,  unless  the  Court  or  a  judge  shall  so  direct,  but 
such  proceedings  may  be  set  aside,  amended,  or  otherwise 
dealt  with  in  such  manner  and  upon  such  tei*ms  as  the 
Court  or  judge  shall  think  fit  (R.  S.  C.  Ord.  LIX.)  ;  and 
by  rule  2  of  the  same  Order  (April,  1880)  wide  powers  of 
amendment  are  given. 

An  order  to  discharge  an  irregular  order  carries  with  it 


COSTS   OF   MOTIONS   AKD   PETlTIOJJS   GENERALLY.        G5 

tLe  costs  of  the  application  to  discharge  it,  though  not  ex- 
pressly mentioned  in  the  order  {West  v.  Smith,  3  Bear. 
492).  The  notice  of  motion  need  not  mention  the  ground 
of  irregularity,  but  such  omission  may  be  material  on  the 
question  of  costs  (Broum  v.  Robertson,  2  Ph.  173);  and 
see  Lambert  v.  Ilill,  1  Dr.  &  War.  74. 

"  When  a  party  gives  a  notice  of  motion,  and  does  not  ALan- 
move  accordinorly  he  shall  pay  to  the  other  side  costs  to    ""'?' 

o  J '  I     J  motions 

be  taxed  by  the  taxing-master,  unless  the  Court  itself  shall 
direct,  upon  production  of  the  notice  of  motion,  what  sum 
shall  be  paid  for  costs  "  (Cons.  Ord.  XL.,  r.  23). 

The  following  were  treated  as  abandoned  motions  : — ■ 
where  counsel  were  not  instructed  to  move  on  the  day  for 
which  notice  of  motion  was  given  (Re  Smith,  23  Beav. 
284)  ;  where  a  motion  was  brought  on  and  stood  over  until 
a  day  named,  and  in  the  interval  the  plaintiff  amended  his 
bill,  and  a  fresh  notice  was  given  (Eccles  v.  Liverpool 
Borough  Bank,  Johns.  402) ;  or  where  notice  of  motion 
was  given,  but  the  motion  was  not  brought  on  before 
amendment  {London  &  Blackivall  Ry,  Co.  v.  Limehousc 
Board  of  Works,  3  K.  &  J.  123) ;  whore,  pending  an 
appeal  against  an  order  allowing  a  demurrer,  the  plaintiff 
gave  notice  of  motion  to  restrain  the  defendants  from 
parting  with  certain  funds,  and  the  order  was  affirmed 
before  the  motion  came  on  {Attorney-General  v.  Mayor 
of  NoTivich,  2  My.  &  C.  406,  431) ;  a  motion  set  down  in 
the  Lords  Justices'  paper,  and  not  made  when  called  on 
{Turner  v.  Turner,  Ah  Jur.  1165);  and  in  the  last  case 
the  motion  was  struck  out  of  the  paper.  Where  the  de- 
fendants gave  notice  of  motion  and  then  failed  to  appear, 
they  were  ordered  to  pay  the  plaintiff's  costs  of  appearing 
to  show  cause  against  the  motion  {Berry  v.  Exchange 
Trading  Co.,  1  Q.  B.  D.  77  ;  45  L.  J.  Q.  B.  224  ;  24  W. 
U.  318) ;  and  see  Webb  v.  Mansd,  2  Q.fB.  D.  117  ;  25  W. 
R.  389  ;  Waddell  v.  Blockey,  10  Ch.  D.'416.  lu'Diigdale 
V.  Johnson,  5  Ha.  92,  it  was  held  that  a  motion  once 
opened  could  not  be  treated  as  an  abandoned  motion,  but 


66 


COSTS   OF   AN   ACTION   GENERALLY. 


if  it  stood  over,  and  no  further  steps  were  taken,  it  must 
be  treated  as  a  motion  refused ;  but  see  contra,  Oorely  v. 
Gorchj,  25  Beav.  234  ;  Eccles  v.  Liverpool  Borough  Banil-, 
Johns.  402.  In  Felkln  v.  Leiuis,  11  W.  R.  981,  where  a 
motion  for  an  injunction  stood  over  from  time  to  time  on 
an  undertaking,  which  was  ultimately  discharged  on 
defendants  doing  what  they  had  professed  their  intention 
to  do,  the  Court  held  it  was  not  an  abandoned  motion,  and 
reserved  the  costs  till  the  hearing.  Where  a  plaintiff  gave 
notice  of  a  motion  and  died,  and  his  executors  revived  but 
did  not  proceed  with  the  motion,  it  was  held  not  to  be  an 
abandoned  motion  (Warner  v,  Armstrong,  4  Sim.  140) ; 
and  on  tlie  bill  in  the  same  suit  being  dismissed  with 
costs,  the  defendants  were  not  allowed  their  costs  of  that 
motion  (Leivis  v.  Armstrong,  3  My.  &  K.  69).  The  costs 
of  an  abandoned  motion  must  be  applied  for  on  the  next 
seal  after  that  for  which  notice  is  given  {Woodcock  v. 
Oxford,  Worcester  d'  Wolcerhamplon  Ry.  Co.,  17  Jar.  33  ; 
and  see  Wedclerhurne  v.  Lleivellyn,  13  W.  R.  939),  and  it 
is  too  late  to  apply  for  them  at  the  iiearing,  and  certainly 
on  speaking  to  minutes  {Eccles  v.  Liverpool  Borough 
Bank,  Johns.  402)  ;  and  where  defendant  dismisses  a  suit 
for  want  of  prosecution,  Avithout  making  amotion  of  which 
he  has  given  notice,  the  plaintiff  cannot  afterwards  obtain 
the  costs  of  the  motion  as  abandoned  {Farquharsoii  v. 
Pitcher,  4  Russ.  510).  In  Yetts  v.  Biles,  25  W.  R.  452, 
the  Court  allowed  the  costs  of  an  abandoned  motion  which 
were  applied  for  at  the  close  of  the  seal,  subject  to  the 
case  being  mentioned  by  the  other  side  in  the  course  of 
the  day. 

When  a  counsel  intends  to  ask  for  tlie  costs  of  a  motion 
as  abandoned  he  ought  before  doing  so  to  communicate  his 
intention  to  the  counsel  who  is  instructed  to  move  ;  and 
the  costs  of  where  this  had  not  been  done  Malins,  V.  C,  discharged  an 
an  aban-      order  previously  made  in  the  action  for  payment  of  the 

doned  \  :  i  •   ,     i      i  ,  i  i  ^ 

motion.       costs  of  a  motiou  whicli  had  not  been   brought  on,  and 
directed  that  the  costs  should  be  dealt  with  when  the 


Notice 
should  lie 
given  of 
intention 


COSTS   OF   BIOTIOl^S   AND   PETITIONS   GENERALLY.        G? 

motion  was  brought  on  (Aitlcen  v.  Bunhar,  25   W.  R. 
366). 

The  costs  of  an  apphcatlon  for  the  costs  of  an  aban- 
doned notice  of  appeal  will  not  be  allowed  unless  they 
have  been  previously  asked  for  and  refused  (Grljjfin  v. 
Allen,  11  Ch.  D.  913;  28  W.  K  10). 

In  Von  Bolton  v.  Crmlen,  21  W,  R.  356,  the  Court 
allowed  two  sets  of  costs  of  an  abandoned  motion  to  A.  and 
B.,  who  were  Sheriffs  of  London  and  also  Sheriff  of  Middle- 
sex, and  had  been  served  with  the  notice  of  motion  in  each 
capacity. 

To  obtain  the  costs  of  an  abandoned  motion  notice 
must  be  given  before  to  the  Court,  and  produced  to  the 
Registrar  {Wltliejj  v.  Hu/kjIi,  3  Mad.  437).  A  person  in 
contempt  cannot  apply  for  the  costs  of  an  abandoned 
motion  {Ellis  v.  Walmesleij,  4  L.  J.  Ch.  461),  and  a 
motion  cannot  be  renewed  until  the  costs  of  an  abandoned 
motion  for  the  same  purpose  are  paid  {Bellcliamher  v. 
Glani,  3  Mad.  550).  As  to  the  costs  of  a  summons  in 
chambers  abandoned,  see  i^ost,  p.  139. 

So,  if  a  petitioner  does  not  appear,  the  respondent  is  Aban- 
entitled  to  costs  on  producing  his  own  affidavit  of  haviusc  *^*°".!'-' 
been  served  {Ex  parte  Garth,  2  Glyn  &  Jam.  392). 

In  Charlesivorth  v.  Gartsed,  2  N.  R.  568,  Sir  J.  Romilly,  Motion  prj 
M.  R.,  held  that  a  party 'moving  to  vary  the  chief  clerk's  f'^™'^- 
certificate  on  a  point  which  had  been  brought  before  the 
judge  personally  in  chambers  (in  which  case  no  further 
argument  will  be  heard,  York  cC-  North  Midland  Railway 
Co.  V.  Hudson,  18  Beav.  70,  73)  should  inform  the  other 
side  that  the  motion  is  only  2)vo  forma  to  found  an  appeal 
upon,  otherwise  he  must  pay  the  full  costs  of  the  motion. 

For  a  statement  of  the  practice  as  to  taxation  of 
costs  of  an  abandoned  motion,  see  Harrison  v.  Leutner, 
16  Ch.  D.  559 ;,  29  W.  R.  393  ;  44  L.  T.  331. 

A  party  who  has  been  served  with  notice  of  motion  but  Costs  of 
who  has  no  interest  in  the  subject  matter,  or  a  respondent  p^^'*'*^'^  .^, 

.    .  •'  '  l  served  with 

to  a  petition  who  appears  unnecessarily  after  service  and  notice  of 

^^  2  motion  or 


68 


COSTS   OF   AN   ACTION   GENERALLY. 


petition, 
and  ap- 
peariDg, 
thougli 
having  m 
interest. 


tender  of  a  sufficient  sum  to  enable  him  to  get  legal  advice, 
will  not  have  his  costs  {Catnphell  v.  Holyland,  7  Ch.  D. 
IGG  ;  Re  Ducjgan's  Trusts,  8  Eq.  697  ;  Wood  v.  Boucher, 
6  Ch.  77  ;  40  L.  J.  Ch.  112;  19  W.  E.  234  ;  23  L.  T. 
723  ;  Wcdter  v.  Beauclerl;  15  S.  J.  506) ;  and  see  Re  Gore 
Langton's  Estate,  10  Ch.  328  ;  44  L.  J.  Ch.  405  ;  23  W. 
E.  843  ;  32  L.  T.  785  ;  Re  Halsted  United  Charities,  20 
Eq.  48 ;  Ex  parte  Jones,  14  Ch.  D.  624. 

If  a  petitioner,  when  he  serves  a  petition,  at  the  same 
time  offers  the  respondent  40s.  in  order  to  enable  him  to 
get  the  advice  of  his  solicitor  as  to  whether  he  shall 
appear  or  not,  and  the  respondent  after  that  appears,  the 
Court  will  consider  whether  such  appearance  be  justified 
or  not ;  and  if  it  finds  that  it  is  not  justified  will  not  order 
the  petitioner  to  pay  the  costs  of  the  respondent's  appear- 
ance ;  otherwise  it  will ;  per  James,  V.  C,  in  re  Duggan's 
Trusts.  But  where  a  party  was  served  with  a  notice  of 
motion  and  no  intimation  Avas  given  him  that  he  need  not 
appear,  and  no  tender  Avas  made  to  him  of  his  costs  of 
being  advised  as  to  the  effect  of  the  motion,  he  was  allowed 
40s.  costs  {Gamphell  v.  Holyland,  7  Ch.  D.  166). 

By  R.  S.  C.  (Costs)  Sched.,  r,  17,  where  a  petition  in 
any  cause  or  matter  assigned  to  the  Chancery  Division 
is  served,  and  notice  is  given  to  the  party  served  that  in 
case  of  his  appearance  in  Court  his  costs  will  be  objected 
to,  and  accompanied  by  a  tender  of  costs  for  perusing  the 
same,  the  amount  to  be  tendered  shall  be  £2  2s.  The 
party  making  such  payment  shall  be  allowed  the  same  in 
his  costs  provided  such  service  was  proper,  but  not  other- 
wise ;  but  this  order  is  without  prejudice  to  the  rights  of 
either  party  to  costs,  or  to  object  to  costs  where  no  such 
tender  is  made,  or  where  the  Court  or  judge  shall  consider 
the  party  entitled,  notwithstanding  such  notice  or  tender, 
to  appear  in  court.  In  any  other  case  in  whicl]  a  solicitor 
of  a  party  served  necessarily  or  properly  peruses  any  such 
petition  without  appearing  thereon,  he  is  to  be  allowed  a 
fee  not  exceeding  £2  2s.  He  lc*tK  ^A^  N.H«?I\  t?r^  So^^^.<^5l 


COSTS   OF   MOTIONS   AND   PETITIONS   GENERALLY.        G9 

And  by  r.  21,  any  party  appearing  on  any  application  or 
proceeding  in  -winch  ho  is  not  interested,  or  which  he 
ought  not  to  attend,  will  not  bo  allov/ed  costs  unless 
expressly  directed.* 

Where  the  registrar  of  trade  marks  is  served  with  notice  Registrar 
of  an  application  to  the  Court  for  leave  to  be  given  -him  to  '^^^^^^^^ 
proceed  with  a  registration  and  he  appears  but  does  not 
oppose  the  application  he  will  have  his  costs  of  appearance 
(III  re  Orr  JEwing  &  Go's.  Trade  Marks,  28  W.  K.  412). 

As  to  the  costs  of  the  Copyhold    Commissioners,  see  Copyboia 
Templer  v.  Swde,  W.  N.  (1874),  175.  c°''^: 

In  applications  for  transfer  to  the  credit  of  a  cause  of 
purchase-money  paid  into  court  by  a  public  company  it  is 
not  necessary  to  serve  all  the  parties  to  the  suit  (Eden  v. 
Thompson,  4  N.  R  87  ;  2  H.  &  M.  G). 

A  purchaser  who  has  paid  his  money  into  Court,  but  Purchaser 
has  not  got  his  conveyance,  is  entitled  to  appear,  and  will  o}i^niotk)n 
receive  his  costs  of  appearance,  when  the  money  is  dealt  with  to  <leal 
(Nohle  V.  Stoiv,  30  Beav.  272),  secus,  if  he  has  got  his  con-  pm-chase- 
veyance  {Barton  v.  Latour,  18  Beav,  526).     "The  prac- '°°°®-^- 
tice  is  to  draAv  up  tlie  order  with  the  purchaser's  consent, 
in  which  case  he  is  entitled  to  his  costs  of  aj)pearance,  or 
on  proper  evidence  that  he  has  been  served  with  notice, 
and  has  got  his  conveyance  "  {Nohle  v,  Stoiv). 

A   party   properly    served    with,   and    appearing  on,  a  Persons 

appear- 
*  There  has  been  a  curious  fluctuation  of  opinion  as  to  the  right  of  a  ^"S  'i*]" 
person  served  with  a  notice  of  motion  or  petition,  but  having  no  interest,  °PP°^"^S- 
and  appearing,  to  his  costs  of  appearance.  The  following  are  the  cases 
arranged  as  far  as  possible  chronologically  : — (1)  Templcmcm  v.  Warring- 
ton (M.  R.,  Dec.  1819),  IJ.  &  W.  377  n.  ;  Garey  v.  Whittimjham,  T.  &  l\. 
405  ;  and  Wormall  v.  Williamson,  2  Jur.  440  ;  where  the  costs  Avere  dis- 
allowed. (2)  HcncfKjc  V.  Aiken,  1  J.  &  "W.  377  ;  Crawslmy  v.  Tliornton, 
2  My.  &  Cr.  24  ;  L'amford  v.  Watts,  2  Beav.  202  ;  Bruce  v.  Kinloch, 
11  Beav.  432  ;  lluwley  v.  Adams,  16  Beav.  312  ;  Clark  v.  Simpson,  6  Eq. 
336  ;  where  the  costs  were  allowed.  (3)  Major  v.  Major,  13  Jur.  1  (but 
fiCG  Bruce  v.  Kinloch,  11  Beav.  432)  ;  Barton  v.  Latour,  18  Beav.  526  ; 
In  re  Justices  of  Coventry,  19  Beav.  158  ;  In  re  Hertford  Charities  {cor. 
Lord  St.  Leonards,  V.),  19  Beav.  518,  n.;  Day  v.  Croft,  19  Beav.  518  ; 
In  re  Birch's  Will,  2  K.  &  J.  309  ;  Ex  parte  Churchill,  1  N.  R.  140  ;  where 
the  costs  werj  disallowed. 


70 


COSTS   OF   AN   ACTION   GENERALLY. 


Persons 
not  served 
but  ap- 
pearing. 


Petition 
served  on 
solicitor 
for  two 
parties, 
Avho 

appeared 
for  botli. 

Motion  for 
several 
objects 
failing  in 
the  prin- 
cipal one. 

Notice  o£ 
motion 
entitled  in 
several 
causes. 


Payment  uf 
fixed  ^ums 
in  lieu  of 

costs. 


petition  does  not  forfeit  his  right  to  costs,  because  his 
counsel  raises  an  unsuccessful  opposition  to  the  prayer 
{Ex  ixirte  Stevens,  2  Ph.  772)  ;  but  if  a  person,  by  setting- 
up  a  groundless  claim  previous  to  the  petition  beiug  pre- 
sented, renders  it  necessary  that  he  should  be  served,  he 
Avill  not  get  his  costs  {Re  Slireivshury  School,  1  Mac.  & 
G.  85)  ;  and  see  Re  Parry's  Trust,  12  Jur.  615. 

A  person  not  served,  but  appearing,  will  nut  get  his 
costs  {Bennett  v.  Biddies,  10  Jur.  534)  ;  secus,  if  his  solicitor 
apjjears  for  him  at  the  express  request  of  the  petitioners, 
and  the  petition  is  dismissed  with  costs  {Shaw  v.  Forrest, 
20  Beav.  249). 

In  Kihninster  v,  Noel,  12  Beav.  24G,  a  petition  having 
been  served  on  the  solicitor  for  two  jDarties  in  the  cause, 
without  any  intimation  for  which  party  it  was  intended  ; 
he  appeared  for  both  and  was  allowed  his  costs,  though 
the  appearance  of  one  only  was  necessary. 

If  the  notice  of  motion  embraces  more  than  one  object, 
and  the  party  moving  fails  in  the  princijial  part  of  the 
motion,  he  must  pay  the  full  costs  of  the  motion  {Sturch 
V.  Young,  5  Beav.  557  ;  Lancashire  v.  Lancashire,  9  Beav. 
1.30  ;  British  Dynamite  Co.  v.  Krehs,  25  W.  R.  846). 

The  costs  of  an  interlocutory  application  entitled  in 
several  causes  may  be  set  off  in  one,  if  such  application 
related  wholly  to  the  matters  in  that  cause,  but  not  other- 
wise {Jenner  v.  Morris,  i  N.  K  479 ;  11  W.  11.  943)  ;  and 
see  further,  as  to  set-off  for  costs,^Jos/^,  p.  132. 

By  CWs,  Ord,  XL.,  r.  37,  the  Court  may,  upon  interlocu- 
tory applications,  direct  payment  of  a  sum  in  gross  in  lieu 
of  taxed  costs.  V.  C.  Wood,  however,  is  reported,  in  the 
London  and  Blackwall  Ry.  Co.  v.  Limehouse  Board  of 
Works,  26  L.  J.  Ch.  p.  170,  to  have  said  that  the  Court 
would  not  act  on  this  rule  unless  the  parties  wei-e  poor, 
and  anxious  to  put  an  end  to  the  matter ;  but  see  ex  gr. 
Yearslcy  v.  Yearsley,  19  Beav.  1  ;  Bakins  v.  Garratt,  4 
Jur.  N.  S.  579.  In  Cover  v.  Stilicell,  21  Beav.  182,  Sir 
J.  Romilly,  M.  R,  said  an  inflexible  rule,  adopted  by  him 


COSTS   OF  MOTIONS   AND   PETITIONS   GENERALLY.        71 

on  petitions  for  transfer  of  funds  standing  to  a  separate 
account,  and  in  which  no  ^^erson  other  than  the  petitioner 
was  interested,  was  to  allow  £10  to  the  solicitor  for  his 
costs  without  taxation. 

Where  a  petition  for  payment  out  of  Court  is  drawn  at 
unnecessary  length,  only  ten  guineas  will  in  general  bo 
allowed  for  costs  {Bull  v.  Jones ;  Ecclcs  v.  Walker,  W.  N. 
(1880)  Go ;  Bourne  v.  Buc/don,  26  L.  J.  Ch.  792). 

If  two  motions  are  made   (Hawlce  v.  Kemp,  3  Beav.  '^"o 

,  •    •  1    /  Ti     Tir      j7  J   ^^      /^     o    motions  or 

288),  or  two  petitions  presented  {lie  Wortham,  4  Do  G.  &  petitions 
S.    41.5),    where    the    objects   sout^ht  might   liave   been  ^^'^^^'*^  ""'^ 

^  ...  .  o'lG  neces- 

obtained  by  one  motion  or  petition,  the  party  moving  or  sary. 

the  petitioner  will,  as  a  general  rule,  have  to  pay   the 

extra  costs  occasioned  by  such  proceeding.     When  two 

petitions  were  presented  on  the  same  day  in  the  same 

matter,  Bacon,  Y.  C,  ordered  the  costs  of  the  more  perfect 

petition  only  to  be  paid  out  of  the  estate,  though  the  less 

perfect  petition  was  presented  first  {Re  Priiujs  Trusts, 

42  L.  J.  Ch.  473  ;  28  L.  T.  407). 

All  costs  occasioned  by  unnecessary  evidence  must  be  Unneces- 
paid  by  the  party  offering  it  {Littlewood  v.  Collins,  1  dem;e  and 
N.  R.  457;  11  W.  R.  387;  Attorney-Generals.  Corpora- ''^^'^'"'^'^'^^^^ 
tion  of  Halifax,  18  W.  R.  37;  In  re  Star  d-  Garter 
Hotel  Co.,  42  L.  J.  Ch.  374 ;  28  L.  T.  258  ;  In  re  Heme 
Bay  Waterworks  Co.,  10  Ch.  D.  48  ;  where  the  costs  of 
athdavits  filed  in  opposition  to  a  demurrable  petition 
Avere  disallowed)  ;  and  see  as  to  the  costs  of  unnecessary 
matter  in  pleadings  and  affidavits,  R.  S.  C.  (Costs)  Sched., 
r.  18,  similar  to  Cons.  Ord.  XL.,  rr.  9,  10,  ante,  p. 
39.  Where  the  petition  of  a  married  woman  by  her  next 
friend  for  the  appointment  of  new  trustees  contained  per- 
sonal and  irrelevant  charges  against  the  petitioner's  hus- 
band, the  next  friend  was  ordered  to  pay  so  much  of  the 
costs  on  both  sides  as  were  occasioned  by  the  introduction 
of  such  charges  {Ee  Wills'  Trusts,  3  N.  R.  107;  12  W. 
R.  97  ;  9  L.  T.  570  ;  9  Jur.  N.S.  1225). 

A  person  obtaining  a  stop  order  on  a  liind  iu  Court  is  ^°^^^  °^ 

obtaining  a 
stop  ordgr 


72  COSTS   OF   AN   ACTION   GENERALLY. 

on  funis  in  liable,  " at  the  discretion  of  the  Court  or  the  judge  at 
'^^^^ '        chambers,  as  the  case  may  be,  to  pay  any  costs,  charges, 
or  expenses  which,  by  reason  of  any  such  order  having 
been  obtained,  shall  be  occasioned  to  any  party  to  the 
cause  or  matter,  or  any  person  interested  in  any  such 
stocks,  funds,  &c."  (Cons.  Ord.  XXVI.,  r.  1).    Persons  having 
claims  on  funds  in  court  are  not  entitled,  under  all  cir- 
cumstances,   to    the   costs    of    obtaining    a    stop    order 
{Grimsby  v.   Webster  8  W.  E,  725  ;  but  such  costs  were 
allowed  in  that  case) ;  and  see  Echuards  v.  Grove,  29  L.  J. 
Ch.  839.     But  the  mortgagee  of  a  fund   in  Court  em- 
powered by  his  mortgage  deed  to  apply  for  a  stop  order,  is 
entitled  to  the  costs  of  his  so  doing  {Waddilove  v.  Taylor, 
G  Ha.  307) ;  ho  must,  however,  ask  specially  for  them,  or 
they  will  not  be  allowed  by  the  taxing-master,  under  the 
common  order,  to  tax  the   mortgagee's  costs  (ibid.).     A 
trustee  who,  before  paying  into  court,  became  aware  that 
a  distringas  had  been  placed  on  the  fund,  and  omitted  to 
mention  the  claim,  was   made  personally  liable    for  the 
assignee's  costs  of  obtaining  a  stop  order  {Re  Allen,  40  L.  T. 
456).     In  Hoole  v.  Roberts,  12  Jur.  108,  an  incumbrancer 
petitioning  for  a  stop  order,  after  notice  that  a  petition 
had  been  presented  for  payment  out  of  the  fund,  Avas  not 
allowed  his  costs.     See  also  Mildmay  v.  Qtiiclie,  0  Ch.  D. 
553.     It  is  now  settled   that  the  application  for  a  stop 
order  should  in  all  cases  be  made  by  summons,  and  not 
by   petition    {^Yrcnch   v.    ^Yynne,    17   W.    R    198;   38 
L.  J.   Ch.  235  ;  Wellesley  v.  Mornington,  41  L.  J.  Ch. 
776  ;   WidsJi  v.   Wason,  22  W.  R.  67G  ;  30  L.  T.  743), 
whether  the  assignor  concurs  or  opposes ;  the  costs  of  a 
petition   will    be   refused    ( ^Yalsh    v.    Wason) ;    and    in 
Wellesley  v.  Mornington  the  petitioner  was  ordered  to 
pay  the  difference   between  the  costs  of  obtaining   the 
order  on  a  summons  at  chambers  and  the  costs  of  the 
and  a         petition.     As  to  the  costs  of  obtaining  a  charging  order 
charging      under  1  &  2  Yict.  c.  110,  on  stock  standing  in  the  name  of 

order  under 

\  k-2  Vict,  a  party  to  a  suit,  see  Stanley  v.  Bond,  8  Beav.  50. 
c.  no. 


DISPOSAL  OF  COSTS  OF  THE  ACTION  BEFORE  TKIAL.  73 

As  to  the  costs  of  petitions  for  the  payment  of  money 
out  of  Court,  or  the  dividends  on  funds  in  Court,  see  "The 
Trustee  Belief  Act,"  ijost,  Ch.  V.,  Sec.  Ill ;  and  as  to  the 
costs  of  petitions  under  particular  Acts  of  Parliament,  see 
post,  Ch.  V. 


Sect.  VI. —  Where  the  Costs  of  the  Action  arc  disposed  of 
on  Tntedocutory  Application. 

The  plaintiff  may  at  any  time  before  receipt  of  the  Di.scon- 
defendant's    statement   of  defence,  or  after   the    receipt  tinuaneo 

.  .        ^'y  plaintiff 

thereof  beiore  taking  any  other  proceedmg  in  the  action  before 
(save  an  interlocutory  application)   by  notice  in  writinsf  '^'^^f'^'^^  ^y 

^  _  _  .  .  .  notice  on 

\Yholly  discontinue  his  action  or  withdraw  any  part  or  parts  payment 
of  his  alleged  cause  of  complaint,  uj^on  payment  of  the  °  ^°^  ^' 
defendant's  costs  of  the  action  ;  or,  if  the  action  be  not 
wholly  discontinued,  upon  payment  of  the  defendant's  costs 
occasioned  by  the  matter  so  witlidrawn.     Such  costs  are  to  Discon- 
be  taxed  and  such  discontinuance  or  withdrawal,  as  the  !'">!!!?„ 

'  no  Dili  to 

case  may  be,  will  not  be  a  defence  to  any  subsequent  subsequent 
action.     Save  as  in  this  rule  otherwise  provided,  it  is  not 
competent  for  the  plaintiff  to  withdraw  the  record  or  dis- 
continue the  action  without  leave  of  the  Court  or  a  judge,  Dlscon- 
but  the  Court  or  a  iudo-e  may  before  or  at  or  after  the  {'"^"'"^"^^  .^ 

.  -11  ^y  plaintiff 

hearing  or  trial,  upon  such  terms  as  to  costs  and  as  to  any  by  leave  of 
other  action   and  otherwise  as  may  seem  fit,  order  the       ^°^^- 
action  to  be  discontinued,  or  any  part  of  the  alleged  cause 
of  complaint   to  be  struck    out.     The  Court  or  a  judge  with- 
may,  in  like  manner,  and  with  the  like  discretion  as  to  "^rawal  of 

cl G I G 11 CG  or 

terms  upon  the  application  of  a  defendant,  order  the  whole  counter- 

or  any  part  of  his  alleged  grounds  of  defence  or  counter-  ?'^'™  ^7 
,  .  ,  o        o  leave  of 

claim  to  be  withdrawn  or  struck  out,  but  it  is  not  com-  the  Court. 

petent  to  a  defendant  to  withdraw  his  defence,  or  any  part 

thereof,  Avithout  such  leave.     (R.  S  .C.  Ord.  XXIIL,  r.  1.) 

By  r.  2a  of  the  same  Order,  a  defendant  mav  sio-n  judf^--  ^°^*-'^  "^'^^^ 

J       o     J       a    action  dis- 
continued. 


cuutinuc. 


74  COSTS   OF   AN   ACTION   GENERALLY. 

ment  for  the  costs  of  an  action  if  it  is  "wholly  discontinued, 
or  for  the  costs  occasioned  by  the  matter  withdrawn, 
if  the  action  be  not  wholly  discontinued.  This  rule  was 
added  by  the  Orders  of  June,  1876,  to  supply  the  want  of 
any  provision  for  signing  judgment  for  costs  to  be  recovered 
on  a  discontinuance;  see  Set.  1538;  Bolton  v.  Bolton, 
:3  Ch.  D.  27() ;  24  W.  R.  cm. 
Terms  As  a  gcnoral  rule,  the  plaintiff  will  be  allowed  to  dis- 

]>iaiiitiir  continue  his  action  on  proper  terms  and  on  imymcnt  ot 
may  (lis-  l\^^,  costs  ;  buttlic  discrctiou  to  allow  this  must  not  be 
exercised  so  as  to  take  away  from  the  defendant  any 
advantage  to  which  he  is  fairly  and  reasonably  entitled 
(Stahlschmidt  v.  Walford,  4  Q.  B.  D.  217  ;  48  L.  J.  Q.  B. 
348;  27  W.  11.  412  ;  40  L.  T.  194,  where,  after  an  action 
had  been  referred  to  an  arbitrator  to  state  a  special  case, 
and  he  had  in  the  case  found  the  facts  with  regard  to  all 
but  a  very  small  portion  of  the  claim  in  the  defendant's 
favour,  the  plaintiff  was  not  allowed  to  discontinue). 

In  Real  cC-  Personal  Advance  Co.  v.  McCartlty,  14  Ch. 
]).  188  ;  28  W.  R.  418,  one  of  the  defendants  to  an  action 
was  allowed  to  withdraw  his  defence,  after  the  action  had 
been  in  the  paper  for  trial  but  had  been  postponed,  upon 
the  terms  of  (1)  giving  the  plaintiffs  all  the  relief  to 
which  they  could  be  entitled  at  the  trial ;  (2)  paying  the 
costs  occasioned  by  the  defence  ;  and  (3)  paying  the  costs 
of  a  summons  for  leave  to  withdraw.  Where  the  plaintiff, 
before  delivering  a  statement  of  claim,  wholly  discontinues 
the  action  without  leave  of  the  Court,  the  action  will  be 
dismissed,  and  the  defendant  is  entitled  as  of  right  to  all 
the  costs  of  the  action  {The  St.  Olaf,  2  P.  D.  113  ;  4G  L.  J.  P. 
D.  &  A.  74  ;  30  L.  T.  30). 

Under  an  order  giving  a  defendant  leave  to  with- 
draw his  defence  on  p:iying  to  the  plaintiffs  their  costs 
of  the  action,  "  so  far  as  they  were  occasioned  by  the 
said  defence  of  the  said  defendant,"  the  defendant  is 
only  liable  to  pay  the  increased  costs  caused  by  his  having 
^lefended  the  action  ;  he  is  not  liable  to  pay  an  apportioned 


DISPOSAL   OF   COSTS   OF   THE   ACTION   BEFORE   TRIAL.    75 

part  of  the   plaintiff's   general  costs  {Real  cC-  Fersonal 
Advance  Co.  v.  McCarthy,  18  Ch.  D.  802  ;  44  L.  T.  514). 

Where  a  plaintiff  in  an  action  after  giving  notice  of  appeal  Effect  of 
gives  notice  of  discontinuance  of  the  action  the  appeal  be-  aiscon- 
comes  ipso  facto  vacated,  and  there  is  no  need  for  the  tmuancc. 
plaintiff  to  give  any  special  notice  relating  to  the  appeal  ; 
see  Conyheare  v.  Leivls,  13  Ch.  D.  4G1) ;  28  W.  R.  3:30. 
As  to  taxation  of  costs  on  a  discontinuance,  see  Harrison 
V.  Leutner,  16  Ch.  D.  559;  20  W.  R.  393  ;  44  L.  T.  331. 

Under  the  practice  in  Chancery  the  plaintiff  might  dis-  Former 

iirnoijiC6  * 

miss  his  own  bill  without  costs  against  any  defendant  before  dismissal' 
that  defendant's  appearance ;   unless  his  so  doing  involved  J.'j^^^^^''^'"' 
a  breach  of  good  faith  towards  the  defendant  (Betts   v.  before  ap- 
Barton,  3  Jur.  N.  S.  154).  wtthnut ' 

After  appearance,  the  plaintiff  might  dismiss  his  bill  with  costs : 
full  costs  by  an  order  of  course  at  any  time  before  the  cause  ^^^^^^^^ 
had  been  actually  heard  ;  see  4  Ann.  c.  1(J,  s.  23  ;  Curtis  and  before 
V.  Lloyil,  4  My.  &  Cr.  194.     Formerly,  dismissal  on  the  J™g  ^^ 

plaintiff"s  own  application  after  the  cause  was  set  down  to  course, 
r,  ,  .,  ,..,  ,1  ..  I  with  costs. 

be  heard  was  equivalent  to  dismissal  on  the  merits,  and 

might  be  pleaded  in  bar  to  another  suit   for  the  same 
matter  (Cons.  Ord.  XXIII.,  r.  13)  ;  but  this  rule  has  ceased 
to  have  any  application,  as  by  R,  S.  C.  Ord.  XXIII.,  r.  1,  a 
plaintiff  cannot  dismiss  his  action  under  those   circum- 
stances Avithout  the  leave  of  the  Court.     A  co-plaintiff",  Co-piaintifF 
however,  could  not  dismiss  tlie  bill  as  to  himself  with  costs,  ^|i",jfi5^°°* 
unless  with  the  consent  of  the  other  co-plaintiffs,  or  on  terms  bill  as  to 
framed  so  as  not  to  injure  them  [Holkirh  v.  Holkirh,  4  Mad.  ^.jthout 
50),  though  the  contrary  was  held  in  Lanqdalc  v.  Lanq-  consent 
dale,  13  Ves.  1G7,  on  the  authority  of  i^«^Ae2(;  v,  i\^ee(;/Aa97i,  plaintiffs. 
Prac.  Reg.   179,     In    Winthvop  v.  Murray,  7  Ha.   150, 
V.  C.  Wigram  said  tliat  Langdale  v.  Lamjdah  had  not 
been  followed,  and  refused  to  allow  a  co-plaintiff"  to  with- 
draw from  the  suit.     A   sole   plaintiff  might  dismiss  his  A  sole 
own  bill  with  costs,  thouoh  he  sued  on  behalf  of  others  as  L'l,'Vr.n 

'  o  felling  on 

well  as  himself  {Maiitoii  v.  Roe,  14  Siin.  353);  and  an  behalf  of 

.     (,  1    ••/•/••    1  •  11'  1  r-   1        1  ■  himself 

miant  plaintin  iniglit,  on  motion  by  lumseli,  by  his  next  and  others 


76 


COSTS   OF   AN  ACTION   GENERALLY 


might 
dismiss 
and  an 
infant. 


Pauper 
might  not 
dismiss 
ex  parte 
without 
costs. 


Dis- 

cluiming 

defendant. 


Cases 
where 
under  the 
old  prac- 
tice the 
Court 
would  dis- 
miss a  hill 
without 
costs  he fore 
the  hear- 
ing, on 
ajiplica- 


fricnd  in  the  cause,  dismiss  any  defendant  with  costs, 
though,  if  theCouit  considered  the  defendant  ought  never 
to  have  been  made  a  party,  it  would  reserve  the  considera- 
tion of  how  such  costs  ought  ultimately  to  be  borne,  as 
between  the  plaintiff  and  his  next  friend,  till  the  hearing 
(Peai-ce  v.  Pearce,  9  Ves.  548).  The  circumstance  of  a 
pluhii'iff  smug  in  formd 'pau2)eris  did  not  entitle  him  to 
dismiss  his  own  bill  by  ex  parte  application  without  costs 
{Pearson  v.  Belcher,  3  Bro.  C.  C.  87  ;  Parkinson  v,  Han- 
hury,  4  Do  G.  M.  .1-  G.  508). 

If  a  defendant  disclaimed  all  interest  in  the  subject 
of  the  suit,  the  plaintiff  might,  on  motion,  dismiss  him 
with  costs  to  be  paid  by  the  plaintiff,  but  without  pre- 
judice to  the  question  by  whom  such  costs  should  ultimately 
be  borne  {Bally  v.  Lambert,  5  Ha.  178  ;  Styles  v.Sltipton, 
8  W.  H.  158  ;  Clements  v.  Clifford,  14  W.  R  22  ;  13  L.  T. 
2G7;  11  Jur.  N.  S.  851  ;  Berndston  v.  ChurcJdll,  W.  N. 
(1866)  8;  but  see  contra,  Wigginton  v.  Pateman  {cor.  V.  C. 
Shadwcll),  12  Jur.  80).  And  the  order  might  be  made 
without  service  on  the  other  defendants  {Bally  v.  Lambert ; 
Styles  V.  Shipton;  Collis  v.  Collis,  14  L.  J.  Ch.  56). 
See  now,  however,  R.  S.  C.  Ord.  XXIII.,  r.  1,  ante,  p.  73. 
But  it  was  held  that  a  plaintiff  could  not  dismiss  his 
bill  as  to  certain  defendants,  when  he  had  elected  to  sue 
the  defendants  jointly  {Fusscll  v.  Elwin,  7  Ha.  29).  This 
however  has,  it  is  believed,  been  doubted. 

The  following  are  the  principal  cases  in  which,  under  the 
practice  in  Chancery,  the  plaintiff  was  allowed  to  dismiss 
his  suit  without  costs  : — 

The  Cotu't  would,  on  motion  by  the  plaintiff,  dismiss  a  bill 
without  costs  in  pursuance  of  an  agreement  come  to  at 
the  trial  of  an  action  at  law  {Tchhatt  v.  Potter,  4  Ha.  164). 
So  where  the  defendant  had  absconded,  or  was  insolvent, 
and  the  jilaintiff  had  obtained  the  substantial  object  of  the 
suit  {Pinfold  v.  Pinfold,  9  Ha.,  app.  xiv.) ;  or  the  de- 
fendant by  his  own  act  had  destroyed  the  subject  matter 
of  the  suit  and  rendered  its  further  prosecution  useless 


DISPOSAL   OF   COSTS   OF   THE   ACTION   BEFORE   TRIAL.    77 

[Knox  V.  Brown,  2  Bro.  C.  C.  18G  ;  1  Cox,  359  ;  and  see  tiou  of 
Blanshard  v.  Drew,  10  Sim.  240  ;  Gooclay  v.  Sleigh,  3  W. 
R.  87).  So,  where  the  suit  was  instituted  under  a 
pardonable  mistake  as  to  fact  {Broiigliton  v.  Lashnuir, 
5  My.  &  Cr.,  136,  where  tlie  plaintiff  had  obtained  admin- 
istration in  ignorance  of  the  existence  of  a  will  subse- 
quently discovered) ;  or  even  as  to  law,  as  where  the  bill  was 
filed  on  the  authority  of  a  case  wdiich,  in  the  course  of 
the  proceedings,  was  overruled  (Robinson  v.  Roslier, 
1  Y.  &  C.  C.  C.  7  ;  Sutton  Harhoar  Co.  v.  Hitchens, 
1  De  G.  M.  &  G.  1(37  ;  Lancashire  d-  YorJcsJtire  Ry.  Co. 
V.  Evans,  14  Beav.  529)  ;  or  where  the  j)laintiff  had  been 
misled  by  the  act  or  suggestion  of  the  Court  {Lister  v. 
Leather,  1  De  G,  &  J.  301).  And  lastly,' see  Elsey  v. 
Adams,  2  De  G.  J.  k  S.  147 ;  3  N.  R.  696,  where,  although 
the  suit  could  not  be  maintained,  the  defendant  had  con- 
fessedly been  guilty  of  gross  fraud ;  but  see  Riley  v. 
Croydon,  10  Jur.  N.  S.  1251  ;  13  W.  R.  223.  But  a 
plaintiff  could  not  dismiss  his  bill  as  to  some  defendants 
Avithout  costs  after  it  had  been  dismissed  as  to  others  Avith 
costs  for  want  of  prosecution  {Troward  v.  Attwood, 
27  Beav.  85). 

It  is  exceedingly  doubtful  whether  an  action  can  be  dis-  The  Com-i 
missed  with  costs  to  be  paid  by  a  defendant ;  *  and  where  ^^.^^'  "^^ 
the  costs  of  an  action  are  ordered  to  be  paid  by  a  defendant  the  costs  of 
on  interlocutory  application  before  judgment,  the  common  ^K''"^^"'-' 
order  is  to  stay  all  further  proceedings.    In  Sivell  v.  Ahra-  locutoiy 
ham,  8  Beav.  598,  Lord  Langdale,  M.  R.,  threw  out  a  dictum,  2'^*;^^' 
that  wdiere  the  plaintiff's  demand  has  been  satisfied,  he  o^'^er  the 
should  not  bring  the  suit  to  a  hearing,  but  should  make  to  pay  ^" 
an    application   to    the    Court    to    stay  proceedingfs    and  *^^'°' 

^■  f     ^  i  ^    •        IT  t  -,  unless  ho 

dispose  01  the  costs ;  and  ni  Hcnnct  v.  Luavd,  12  Beav.  consents 
479,  the  same  judge  adhered   to  the  oijinion  expressed  gJoJ,i*fb^e 
by  him  in  Sivell  v.  Abraham.     It  has  accordingly  been  so  disposed 
held  by  some  judges,  that  the  Court  would,   on  motion  °^" 
or   petition   by   the    plaintiff,   under  such  circumstances, 
*  Scf?  the  cases  on  this  point  collected,  post,  ji.  OT. 


78  COSTS   OF  AN  ACTION  GENERALLY. 

enter  into  the  merits  of  the  cause  for  tlie  purpose  of 
determining  the  question  of  costs,  and  would,  in  a  proper 
case,  make  the  defendant  pay  the  costs  of  the  suit  : 
see  North  v.  Great  Northern  Ry.  Co.,  2  Gift.  64; 
KichoUs  V.  Elford,  5  Jur.  N.  S.  264 ;  Tornpson  v. 
Knights,  7  Jur.  N.  S.  704 ;  9  W.  R.  780  ;  Wilde  v.  Wilde, 
10  W.  R.  368  ;  while  on  the  other  hand,  V.  C.  Knight 
Bruce  in  Langhcun  v.  Great  Xorthern  Ry.  Co.,  1  De  G. 
&  S.  503,  and  M'Xaughtan  v.  HasJ^er,  12  Jur.  957, 
expressly  refused  to  follow  that  practice ;  and  it  seems  to 
have  been  disapproved  of  by  Sir  J.  Romilly,  M.  R.,  in 
Burgess  v.  Hills,  26  Beav.  244  (but  see  Trovard  v.  Att- 
U'ood,  27  Beav.  85),  and  by  V.  C.  Kindersley  in  Wallis  v. 
Wollis,  4  Drew.  458.  It  was  subsequently  decided  by  the 
Lords  Justices  {Wilde  v.  Wilde,  10  W.  R.  503,  overruling 
S.  C.  ibid.  368),  that  the  Court  would  not,  on  motion  by 
plaintiff  to  stay  proceedings,  make  the  defendant  pay  the 
costs  of  the  suit,  unless  by  consent.  L,  J.  Turner  there 
says:  "The  case  of  Sivell  v,  Abraham  appears  to  have 
been  misimderstood.  All  that  was  there  decided  was, 
that  a  plaintiff"  might  apply  to  the  Court  to  stay  the  pro- 
ceediugs,  and  order  the  defendant  to  pay  the  costs  of  the 
suit,  and  that  if  the  defendant  made  no  objection  the  suit 
might  be  disposed  of  in  that  way  ;  but  here  the  defend- 
ant objects  to  that  course."  This  decision  was  (reluctantly) 
followed  by  V.  C.  Wood  in  Morgan  v.  Great  Eastern 
Ry.  Co.,  1  H.  &  M.  78  ;  but  it  Avould  seem,  neverthe- 
less, that  the  omission  of  the  plaintiff  to  apply  for  the 
defendant's  consent  to  having  the  costs  disposed  of  on  an 
interlocutory  application,  where  that  question  was  the  only 
one  left  in  the  cause,  might  preclude  hira  from  having  the 
extra  costs  occasioned  by  going  on  to  a  hearing  (ibid.)  ; 
see  also  Ventilation  cO  Sanitary  Improvement  Co.  v. 
Edelsten,  2  N.  R.  53,  where  Y.  C.  Stuart  refused  the 
motion,  but  made  the  costs  of  it  costs  in  the  cause, 
because  it  was  a  well-meant  endeavour  to  put  an  end  to 
useless  litigation. 


DISPOSAL   OF  COSTS   OF  THE  ACTIOK'  BEFORE  TRIAL.   79 

It  may,  therefore,  be  considered  as  settled  that  the  Sonlh  tlic 
Court  will  iiotjUuder  any  circumstances,  on  interlocutory  ap-  ^°^'  unless 
plication,  make  the  defendants  pay  the  costs  of  the  action,  by  consent, 
unless  they  consent  to  have  the  costs  so  disposed  of.  And  the  merits 
from  a  comparison  of  the    cases    where    the    Court    has  of  tjieaction 

.      .  ...  .         .  oil  inter- 

allowed  the  plaintiff  to  dismiss  his  own  suit  without  costs,  locutoiy 
the  principle  would  seem  to  be  that  the  Court,  in  such '^[^j^^^^^^.j^j^ 
cases,  will  not  go  into  the  merits  of  the  suit,  but  decides  reference 
on  grounds  extrinsic  to  the  merits  :   see  on  this  point  the  costs. 
instructive  judgment  of  V.  C.    Kindersley  in    ^Val^^8   v. 
Wallis,  4  Drew.  458  ;  and  cf.  Andretus  v.  Morgan,  3  W.  R. 
145  ;  but  see,  on  the  other  hand,  Elsey  v.  Ado/ms,  2  De  G. 
J.  &  S.  147  ;  3  N.  E,.  696.    Wliere  the  matters  in  dispute  had 
been  really  adjusted  before  the  bill  was  filed,  the  plaintiff 
was  ordered  to  pay  all  the  costs  of  the  suit  and  of  the 
motion  to  stay  further  proceedings,  the  parties  agreeing 
that  the  Court  should  dispose  of  the  costs  upon  the  merits 
as  if  upon  the  hearing  of  the   cause  {Chester  v.  Metro- 
iwlitan  Ry.  Co.,  13  W.  R.  333;  11  Jur.  N.  S.  214  ;  11 
L.  T.  669). 

An  exception  to  the  above  rule  was  made  in  the  case  of  Exception, 
suits  for  a  receiver  pending  litigation  in  the  Ecclesiastical  i-e"ceiver'^  ^ 
Court,  which  were  never  brought  to  a  hearing,  and  could  i;e|itlii;s 
not  be  dismissed  for  want  of  prosecution   {Anderson  v.  as  to  \>vo- 
Gidchard,  9    Ha.    275 ;  Edwards  v.  Edwards,   17  Jur.  '"'*^- 
826;  Barton  v.  Roch,  22  Beav.  81).     In  such  suits  the 
Court  would,  on  motion,  dispose  of  the  costs  of  the  suit ; 
and  the  costs  in  the  Court  of  Chancery  generally  followed 
the  disposition   of  the  costs  in  the  Ecclesiastical    Court 
{Barton  v.  Rod).     The  costs  of  other  suits  which  are  costs  of 
never  brought  to  a  hearing,  such  as  suits  for  discovery  °*^*^''  ^"'*'' 
{Woodcock  V.  King,  1  Atk.  286  ;  Rhodes  v.  Hayne,  9  Jur.  never  ^"^ 
175;  South-Eastern  Ry.  Co.  v.  Submarine  Teler/raph  Co   ^•'""s'ltto 

^      -^  '  a  hearino'. 

17  Jur.  1044),  and  suits  to  perpetuate  testimony  {Wright 
v.  Tatham,  2  Sim.  459  ;  Longman  v.  Barham,  ibid.  n. ; 
Beavan  v.  Carpenter,  11  Sim.  22  ;  Edivards  v.  Edwards, 
22  L.  J.  Ch.  1055),  are  paid  by  the  plaintiff,  imless  the 


80  COSTS  OF  AN  AOTION  OENEUALLY. 

dcfeudant  luus  uxiiiniiitil  witnesses  in  cliief.  Sec  further 
Iuut'  on  tliis  point  jnjst,  Cl>.  IV.,  s.  IV.  An  except iun  wa.s  also 
1  Ua^kr        made  in  interpleader  suits,  wlu-n  all  claim-:  I'nf   i-m    win- 

withdrawn  (jnmt,  Ch.  IV.,  s.  \'I.). 

An  infant  plaintitT  may  niove  hy  a  person  ni>t  a  party 

to  the  cause,  as  his  next  friend,  for  the  i)urpo.se  of  the  ai)- 
ru:  I .  plication,  to  have  an  action,  improperly  instituted,  dismissed 
^u"  *'  'with  costs  against  the  next  friend  in  the  action  (G«^  v. 
■ea  ii*t  hu  r;«M/.  2  Beav.  4G0).     But  it  seems  that  he  eannot,  after 

next  fricD.I  ^  ..... 

iu  tlio         coming  of  age,  move  to  dismiss  tlie  suit  with  costs  against 

°'"^         the  next  friend  (Aiion.  4  Mad.  4<)1) ;  and  sec  further  jis  to 

co.sts  of  infants,  jyont,  V\\.  VI.,  s.  VII. 
Conu  of  A  defendant  whose  interest  has  ce:i.sed  j)endiiig  the  suit 

v.l.  "  fnU:-  cannot  get  hiscostsof  the  action  from  the  plaintifts, although 
he  has  been  improperly  struck  out  hy  them  under  an  onler  to 
j^ni:,t(     amend  without  any  provision   heing  matle  lor   his  costs 
'•''•  (  Wyum-  V.  JJndds,  \  I  Ch.   D.  VMl  ;  4S  L.  J.  C'li.  oGS  ;  27 

W.  II.  «J7.')  ;  40  L.  T.  1-0,  win  r."  a  defcn.lant  during  the 
at.lion  filed  a  litiuidaliou  p«  tition,  thciehy  determining  his 
interest  in  the  subject  matter  of  the  artiou,  and  was  after- 
wards struck  out  hy  the  plaintilVs,  wlio  had  ohtained  an 
order  for  leave  to  amend  whieh  said  nothing  about  striking 
out  thi.s  particular  defendant), 
Dl<mi«nl  Under  the  present  practic<.>  the  dismi.ss.il  <.f  an  action 
Igr  Jcfeii.  f^^^  ^yj^i^j^  yj-  pro.secution  is  usually  with  costs  (Hlr/</inhutt(>m 
V.  Ayniiley,  W  < 'Ii.   D.  2S,S  ;  24  \V.    II.  7s2  ;  and  .see  ante, 

p.  r^r^). 

P„r  'I'hc!  dismiriMal  of  a  bill  for  want  of  prosecution  undei-  the 

»it,i  .,f  prnctiet:  in  Chanrerv  was  also  with  co.sts  (Stat.  4  Ann.  e.  Hi, 
tioft;  wiib  2'J; ;  and  the  (^)urt  would  not  on  motion  for  that  piir|)ose 
(•ntcr  into  the  merits  as  to  whether  the  dismissal  should  be 
•.  ith  or  without  costs;  but  tin-  order  ihpended  solely  «»n 
the  conduct  of  the  plainlilT  with  rt!i,'ard  tt»  the  prosecution 
of  the  suit  (»SVifr/7  v.  KuouIvh,  '.\  Ha.  241  ;  Troward  v. 
Atlxvood,  27  Beav.  S.'j ;  LnuaiJili i rr  <t-  YovliHli  1  re  Jiailvfii/ 
Co.  V.  KrniiM,  1 4  I5eav.  r»2f)).  The  dismissal  was  with  costs, 
though  nothiiiL,'  was  said  as  to  costs  in  the  usual  previous 


cnU 

Y 

1 


DlMrofiAL  C>F  ttWTS  OK  fllR  ACTION  IlKI'ollK  TUIAL      81 

onloron  the  plaintiff  to  RpocHl,  or  in  defnult  to  lK.*diKiniAH4-4l 
(>  II  V.  Mitck'H'f.  24  lioav.  2')2).    The  circiiiusL:iu<  i- 

ot  : :,  lulaiitH  liaviii^',  .since  the  institutiuu  uf  thcHtiit. 

become   n    bankrupt,  or   taken    tlic   benefit    of   the   oM 
Initulveut  Debtors'    Act,  or  fiKil  internx^atoricM    for   the 
examination  of  the  plaintiff,  diil  not  prevent  hi.s  dinmiH^in;; 
the    bill   with  ctists,  subject  to   the   tisual  onU-r  to  .sjh'«»| 
{Mimteith  v.  Taylor,  I)  Vck.  Gl.'i  ;  WhmU  v.  Sptar,  4  )Aiv\. 
51  ;  lUack-mort  v.   Smith,    1     Mac.  k   G.   <H() ;    liohHon  v. 
Karl  of  iJtixm,  'A  Sm.  A   (•.  227;  I^vi  v.  Jleritajf,  2«i 
Bcav.  5(K) ;  Jackmni  v.  Ivimrff,  1   K*j.  GDIJ)  ;  and  see  /.a 
Gntutje  V.  .l/(\l7J«//rfr.  4  Q.  H.  I\  210.      Hut  nltlioti^'h  the  IVf«i. 
Court    wouhl    nut    dismiss    without    c«».st3    on    the  defen-'"!' 
dant's   motion,   it    might   direct   the   dcfemlant's  motion  R»ict>t  !< 
to    Htand    over    with    liU'rty    for    the    plaintiff    to    move  »ti»nj  „vcr 
to  dijimins  hi.s  own  bill  without  cost-s  and  file  affidavit's  in  ^"i"  pl*iin«ff 

I  \    •       •  \"  I  •         •         *"  tnort  to 

support  of  Kuch  motion  ;  and  on  the  plaintm  .s  a))plication  •itumtMi, 
the  Court  might  di-smi-t-s  the  bill  without  co.sts  {Pinfold  v.  ^|^* 
rinfolil,  9  Ha.  app.  xiv.  ;  Goi><l(lai/\\  tSlei(/li,  '.i  W.  R  H?  .  Cmmm  tl>« 
However,  in  KcmUill  v.  Wahliick,  1  Sm.  iV  CJ.  app.  xxvii., '*^^"  •*? 
\'.  C.  Stuart  made  an  onler  for  dismis-sal  without  costs,  on 
the  defendant's  application  to  dismi.s.s  in  the  u.sual  way,  on 
the  grounds  of  the  defendant's  great  delay  in  moving  ;  tml 
qu.     In  yitullatf  V.  lAitrrence,  2  l)v  (I.  iV  S.  'AO'A,  the  bill 
apjM'ars  to  havr  Ixen  disini.v<<l  without  co.st.x  on  an  under- 
taking (in  efl'ect)  not  to  file  a  fresh  bill.      F«tr  the  form  of  A«to»uiu 
the  onler,  where  the  plaintiff  does  not  proceed,  in  the  case  ^J^,  **'* 
of  suits  to  jKr|>ituate  testimony,  and  other  suits  which  are  trou^hi  u» 
not  brought  to  a  hearing,  and  therefore  cannot  l)e  dismi.s.s<>d 
for  want  of  prosecution,  see  Ikavan  v.  Catycnter,  II  Sim.  nui  du- 
22.     A   bill   dismissed  for  want  of  prosecution  might  l>e  '^^!^J'*' 
restored  untler  special  circumstances  (Jackson  v.  Purufll,  prv»rcuUoB 
IG  Ves.  204) ;  but  not  fur  the  nure  pur|x>.se of  agitating  the  [Ti'^Vor 
question  of  costs  {Ilannam  v.  South  London  Waiert(.\>rk«  i«n«^  "< 
'•   .iJMer.GI).  '!Zr'^ 

Where  by  a  former  order  in  an  action  the  plaintiff  has  i  ^hm 
been  onlcred  to  do  some  act,  and  proceedings  arc  stayetl  L«^Lad« 

o 


82  COSTS   OF   AN    ACTION   GENKKAI.LV. 

default  in  in  the  moanwliilc,  and  the  phiintift'  makes  ilefault,  tlie 
onJcr"of""  defendant   or   defendants  at  whose   instance  the  former 

the  Court :  order  wa.s  obtained  may  in  certain  aise.s  obtain  a  further 
with  costa :        ,         ,  ,         i    •      •  ,.  'i       i  •  i  •  i  •      •       i     • 

order  that  the  phuntiti  do  the  act  withm  a  limited  time  or 

lii.s  action  be  di.sini.s>ed  with  costs :  as  where  the  plaintiff 

ha.s  failed  to  i)ay  the  taxed  costs  of  a  demurrer  (Whik  v. 

Broralijc,   20    \V.   11.  312) ;  or  makes  default  in   giving 

Recurity  {Giddiiujs  v.  Guhlinys,  10  Beav.  2*J,  and  the  caM?s 

cited  antr,  p.  2-i ;  and  see  Iai  Granr/t-  v,  McAiulirw,  4  Q. 

B.  D.  210) ;  or  where  proceedings  are  stayed  till  the  costs 

of  a  former  suit  for  the  same  matter  arc  paid  {lAtutour  v. 

JlitlannU,  II    n<av.  {\'1\  ,  Kru,M  v    '  2  N.  R.    r>': 

So  where  under  tile  ftJiiuer  practice  a  t'»raniiij   : 

iiun  stood   over  with  liberty  for  a  plaintiff  to  bring  an 

action  at  law  and  no  action  was  brought  {lirll  v.  /i<7/,  14 

Jur.   1120);   or  where  the  plaintiff  '      !<  fault  in  the 

])ro<luclion    of   a  document  in  his   j  a,  the  CVmrt 

having  given  the  defendants  a   limited    timo  to  answer 

after  the  prt)ductl«in  of  it  {Pi-iurmM  of  \\\iUm  v.  Kn 

Lnrr/HKil,  'A  Swans,   otj?)  ;  or  where  the  plaintitT  in 

defaidt  in  giving  discovery,  or  in  short  fails  to  take  any 

htep  whicli  the  C'otirt  thinks  n 

decision  of  the  cause  lyxrLord  ll..ii..  ;.- _, .  .i.  ..-^       ...   -, 

Liberia  v.  Jio;fr,  1   App.  Can.   VA9  ;  4:.  L.  J  C  "h.  2J»7 ;  24 

W.  U.  lHi7;  34  L.  T.  U:.). 

Where  tluri-  has  '  aii   iiiiim'   iiaie  ordt-r 

may  l>e  nunle  ior  ti.  <•  suit,  ns  in  ImuIvui' 

V.  Hdcoinhe,  1 1  Beav.  G24. 

Rut  not  But  where  the  plaintiff  was  in  contempt  fur  non-payment 

where  ,  1  •  1      1  1  II  1 

phiiutiff  is  ot  costs,  and  proceedmgs  had  been  staye<l  on  that  ground, 
'"7"**''"l'*  Jessel,  M.R.,  declined  to  make  an  order  that  he  .should 
ceotlings  clear  his  contempt  within  a  limited  time,  or  in  default  that 
!um!'''°    his  bill  should  be  dismissed  {Gould  v.  TvAixf,  43  L.  J.  C'h. 

381  ;  \V.  N.  (I>s74),  On  ;  22  W.  R.  30.S  ;  30  L.  T.  2  V.\  ;  and 

see  Futvoi/e  v.  Kemmrd,  2  Giff.  533). 
3.  Where        Acoonling  to   the  practice    of  the  Court  ol  Lliaucer}', 
aU-ikT       ^^1>^*»"^'  ''^  •''"'^   abated  by  the  death  of  a  sole  plaintiff  the 


DISPOSAL  OF  Costs  of  the  actk»x  before  trial.     83 

Court,  on  motion  of  any  defendant  served  on  the  legal 
representative  of  the  deceased  plaintiff,  might  order  that 
such  rejuesentative  should  revive  the  suit  ^Yithin  a  limited 
time,  or  that  the  bill  be  dismissed  (Cons.  Ord.  XXXII.,  r. 
4) ;  and  such  dismissal  was  without  costs  (Hill  v.  Gdunt, 
9  W.  11.  GS) ;  and  see  also  Prive  v.  Bcrrinijton,  11  Beav. 
90  ;  Mills  V.  Dmlr/eon,  1  W.  R  514.  As  to  the  order 
where  the  suit  abated  by  the  marriage  of  a  sole  female 
plaintiff,  see  Westropp  v.  IIeahj,F\.  &  K.  141. 

Upon  the  death  of  "one  of  several  co-plaintiffs  any 
defendant  might  move  that  the  surviving  plaintiffs  should 
revive  within  a  limited  time,  or  in  default  the  bill  be 
dismissed  with  costs  (see  Adamson  v.  JLdl,  T.  &  R,  2.58, 
overruling  S.  C.  1  S.  &  S.  249;    Chichester  v.  Hunter, 

3  Beav.  491  ;  Ilinde  v.  Morton,  2  H.  .V:  M.  308;  1.3  W. 
R.  4()1  ;  Holcomhc  v.  Trotter,  1  Cull.  (i")4)  ;  nor  Avas  it 
any  answer  to  such  a  motion  that  no  adn)iuistration  had 
been  taken  out  to  tlie  decea.scd  plaintiffs  {Suner  v. 
Deaven,  IG  Beav.  3(»).  No  order  w.as  usually  inadL-  as 
to  the  costs  of  the  motion  (Ilinde  v.  Morton). 

Under  the  present  practice,  however,  an  action  does  not  Troscnt 
abate  by  the  marriage,  death  or  bankruptcy  of  any  party  if  i''^'^^"^*^- 
the  cause  of  action  survive  or  continue  ;  nor  become  defec- 
tive by  any  devolution  of  estate  pendente  lite  (R.  S.  C.  Ord. 
L.,  r.  1  ;  and  sec  Lloijd  v.  Diimnad;  7  Ch.  D.  398  ;  ami 
Morg.  Cli.  Acts  and  Ord.,  p.  .')89).  But  where  a  .solo 
plaintiff  became  bankrupt  and  tlie  defendants  moved  to 
dismiss  the  action  for  want  of  prosecution,  serving  the 
trustees  in  the  bankruptcy  with  notice  of  the  motion,  the 
action  wa.s  dismissed  with  costs,  the  defendants  under- 
taking not  to  enforce  the  order  against  the  plaintiff 
personally  but  only  against  his  estate  in  bankruptcy 
{Wright  V.  Swindon  Ry.  Co.,  W.  N.  (1870),   290;  S.  C. 

4  Ch.  D.  104;  Ahhotmn  v.  Grefiff.  19  W.  R.  34(1  ;  W.  N. 
(1871),  2;  Jncl-.^nn  v.  iV.  E.  Rij.  Co.,  r,  Ch.  ]).  844). 
Under  the  former  practice  the  proper  course  was  for 
tlie  defiiid.int   t.i  iiK.vf  on  notice,  .served  "n  thf  assio-noes 


84  COSTS   OF   AN   ACTION   GENERALLY. 

and  the  pl.iintifF,  that  tlie  assignees  revive  within 
a  limited  time,  or  in  d«-fault  the  hill  he  dismissed  without 
costs  :  see  VeHtriti  v.  Jlooptr,  8  Sim.  .')7() ;  i^/mrjte  v.  Jluhtt, 
2  S.  &  S.  490  ;  Lord  Iluntiiujtouc)'  v.  Shcrborn,  5  Beav. 
380;  Fisher  v.  Fisher,  6  Ha.  028;  ^f€iklam  v.  Ehiioi-e, 
4  Dc  G.  &  J.  20S.  If  the  hankniptcy  hapiK-nod  after 
decree,  the  order  wa.s  that  proceedings  be  stayed  instead 
of  the  bill  being  dismissed  (  Whitmorc  v.  Oxborrow,  1  Col. 
91  ;  Clarke  v.  Tljqi'iiuj,  Ki  Beav.  12). 

Where  the  plaintiff  iK-came  l>ankrupt  and  no  one  ap- 
peared at  the  trial  either  for  him  or  his  trustee,  and  there 
was  no  evidence  that  the  trustee  had  bccu  .ser\'etl  with 
notice  of  the  action,  it  was  helil  that  the  action  hatl  abated 
and  must  simply  be  struck  out  of  the  list    (AV- //•/«///♦•  v. 
BurgcsH,  7  Ch.  D.  HI;    ^7  L.  J.  Oi.  342  ;  2<;  W.  K  43.") ; 
3s  L.  T.  232\ 
U<lirostn-         When-  an  arlion  has  abateil  by  the  death  of  a  defendant 
uiivoH  of     ],^.f„p^.  jud'^ment  his  representatives  mav  move  that  the 
.kfen.iaiit    plaintitV  t)btain    an    onler   to  carry  on    the    priKxjedings 
airainst  them  within  a  limited  time  or  that  in  default  the 


III  I  KM   III 


ikfuiilt  of  Hetinii  Ik.'  dismissed;  and  such  dismis>al  will  be  without 
coniiiiuinfe'.  costs  (Motion  v.  K  uig,  29  N\  .  li.  <  .">  ;  JiurneU  v.  Duke  of 
\\cllln<ftou,  0  Sim.  401  ;  Xurdni  v.  White,  2  I)e  G.  M.  it 
G.  (J78  ;  r<'>r,f!  V.  r,>urll.  2  I)e  G.  M.  kC.  07h  n. ;  (V<«w 
V.  CroAv.  II  \V  K.  7:'7  ;  i!  N.  U.  :!''l  .  Reeves  v.  Btiker, 
13  Beav.  ll.'>,  is  incorrectly  re|>orted,  .^ee  2  l)c  G.  M.  &  G. 
079  n.).  In  the  case  of  the  biinkruptcy  of  a  defen«Iaut  the 
Court  refused  (in  Mmifton  v.  Jiurfou,  1  Y.  &  C.  C.  C.  02<J)  to 
make  an  oitler  that  a  supplemental  bill  shouKl  be  filed 
within  a  limited  time  against  the  ;ussignees,  or  in  default  the 
bill  be  dismissed  ;  and  see  Borter  v.  Dubiu.r.  50  L.  J. 
Q.  B.  .V27  :  L'lt  W.  K.  (122  ;  44  L.  T.  .VHi. 
1-  f*"  Any   defendant    mav   at    anv    time    before    decree,   by 

ilofoiuiaiit  .    '  ,  1    •       -.v       11     1  •*        1  1  1  •   1 

sitisfyiiig    P'^ying  to   the  plamtitt   ail    his   demands,  together  witli 
i.iaintiffs    ,^11  ^\^Q  costs    of  the   suit  (i.e.,  the    plaintiff's  own   costs 

Uoinanil,  *  . 

:uui  p.aying  aud  the  costiJ  of  the  other  defendants),  obtain  an  order 
j',^^  g^l*.     for  dismissal  of  the  suit,  or  staying  proceedings,  on   such 


DISPOSAL  OF  COSTS  OF  THE  ACTION  BEFORE  TRIAL.      85 

payment  being  made  {Praed  v.  Hull,  1  S.  &  S.  331  ; 
Darner  v.  Lord  Portarlington,  2  Ph.  30  ;  Payntcr  v. 
Carew,  Kay,  app.  xxxvi.) ;  notwithstanding  the  opposition 
of  the  plaintiff  {Darner  v.  Lord  Portarlhigton),  or  of  the 
other  defendants  {Paynter  v.  Carevj ;  Jones  y.  Tinncy, 
Kay,  app.  xlv.) ;  and  although  the  plaintitf  sues  on  behalf 
of  others  as  avcU  as  himself  {Manton  v.  Roe,  14  Sim.  3o3  • 
Pemberton  v.  Topham,  1  Beav.  316).  And  proceedings 
may  be  stayed  without  costs  if  the  defendant  is  willing  to 
comply  with  the  plaintiff's  demand,  and  wouUl  have  done 
so  before  suit  if  he  had  been  asked  (Rudd  v.  Rowe,  10  Eq. 
610 ;  l.S  W.  R  077  ;  22  L.  T.  78.')).  In  a  foreclosure  suit, 
the  defendant  must  have  actually  paid  to  the  plaintiff,  or 
tendered  to  him,  the  amount  of  his  demand  before  he 
moves,  and  be  ready  at  once  to  pay  a  sum  into  Court  to 
answer  costs  (Paynter  v.  Carexv,  Kay,  app.  xxxvi. ;  Challie 
V.  Gwynne,  Kay,  app.  xlvi.  ;  France  v.  Covpcr,  W.  N. 
(1871),  76).  The  defendant  cannot  obtain  the  order,  if  but  not  if 
there  is  any  ([uestion  in  dispute  between  him  and  the  tion  is  left. 
plaintiff  {ex.  gr.  whether  certain  costs  incurred  in  reference 
to  the  subject  matter  of  the  suit  ought  or  ought  not  to  be 
paid  by  the  defendant),  and  the  defendant  does  not  submit 
thereto  {Field  v.  Robinson,  7  Beav.  66;  Wainwright  v. 
SexL'dl,  11  W.  R.  560)  ;  but  see  Penny  v.  Rcavan,  12  Jur. 
936,  where  the  Court  decided,  on  tlie  motion,  the  (|ucstion 
whether    certain    costs   were    properly    included    in    the  '^"'^  ^^rmblc 

not  wilh- 

plaintitf  's  co.sts  of  the    suit.     In  Ilolden   v.    Kyna.ston,  out  costs, 
2  Beav.   204-,  iiroceedings  were  stayed    aijainst   two  d^.  ♦■''""s**  «■ 

'  o  .      .  "V-    jirevious 

fendants,    wiio    had   satisfied    the    plaintifi''s    demand   as  ♦<'""lcr  lia.s 

against  them,  without  costs  on  the  ground  of  a  previous  "^^" '"'^' ®" 

tender  ;  sed  nu.  see  Wainv:rit/ht  v.  Sewell,  1 1  ^^^  R.  560.  f"  *°  ■ 

In  a  legatee's  suit,  the  bill  was  disrai.sscd  on  payment  into  suit  against 

Coui-t  of  the  amount  of  tlie  legacy,  and  to  the  plaintitl'  of  of"(icfcu-^ 

the  costs  of  the  suit,  as  against  all  the  executors  except '^^°^^- 

one,  who  was  also  the  representative  of  an  incumbrancer 

on  the  legacy,  and  between  whom  and  the  plaintiff  was  a 

question  of  account  {Sav^yrr  v.  Mills,  1  Mac.  &  G.  390)  ; 


8()  COSTS   OF   AN   ACTION   GENERALLY. 

find  sec  ftntlicras  to  staying  proceed inffs  against  particular 
defendants,  Holden  v.  Kynaaton,  2  Bcav.  2o4. 
:,.  Where        As   to    the   costs  where   proceedings   are   staye»l   in  a 
iiiuiFM         creditor's  suit,  after  a  decree  has  been  obtained  in  another 
hiiits  arc      fjjiit  ffjr  t]j(j  same  purpose,  see  jtost,  ch.  IV.,  sec,  II. 

ini<titutc<l.  I     V,  1  ...  1111/' 

J,  ^yi,,,^,  If  it  appears  toihe  Court  thatasuit  instituted  on  behalf 
iiiffintM  of  infants  wa-s  improperly  instituted  an<l  is  not  for  tluir 
imj.r'oi^r,  honcfit,  the  Court  will,  on  interlocutory  application  by  any 
wiiho.^u    jjf  tiic  defendants,  d'  with  o-  paid  by  the 

iKxifrieml.ne.vt  friend  {Fojr  v,  -^        .     op,  1   L       .     ^'i);  and  in  a 

clear  caso  the  order  will  be   made  without  a  previous 

reference  (Suh  v.  Salf,  ibid.  5S(;), 
7.  I>if«-  Disclaiming  defendants  may  move  to  have  thr  stjit  dis- 

a.ftn-  missed  against  tluin  with,  or  without  crests,  according  to 
i.ntA,        circumstances  (Hawlcins  v.  Ganlhiti .  I  W.  K.  .'H')),  or  to 

have  their  names  struck  out  of  th<  "  "        /  v. 

li rick-end*  n,  4  K.  cV  J.  GTO).     As  t"  •  <  h  a 

disclaiming  defendant  will  Ix)  dismisseii  with  or  without 

costs,  see  ]H)Ht,  p.  1 1 4. 
Action  If  an  action  is  commenced  without  projx'r  authority,  it 

coiniucncc«l       .•.   •         ,•  •  .  •  i  i    •       •«•  i     i  i* 

without  Will  l»e  disniLssid  on  motion  by  tlie  plamtift,  and  the  soli- 
ntithonty     citor  will  \)e  orderetl  to  iMy  the  costs  of  the  plaintiff  as 

"'^*"  1-       •  1  !•  1  1 

.li.Hu.iKv.l     iK'twoc'ii  solicitor  and  clunt,  and  tli  '     '       ' 

iMiion  with^ivo  tlic  dcfeudaut  notice  of  his  motion  {Se^'hifjijin-hij' 

'    t  the  tfif-Si'd  Cuiii  Co.  V.  .1  rmstirmr,,  Ml  Oi.  D.  310  ;  41»  L.  J.  Ch. 

'  r      231  ;  2s  \V.  U.  217  ;  41    L.  T.  (i3I  ;  Xurs^t  v.  iJuru/ord, 

13  Ch.   1).  7G4;    4!>   L    J.  Ch.  229;  2«  W.  R  145;  41 

L.  T.  Oil)  ;  and  see  In  ir  Saixnjf,  l.>  Cli.  I).  o'>7,  where 

parties  had  been    joined  as  co-petitioners   without   their 

authority. 

Former  riulor  tlic  former  practice  in  Chancery  the  defendant 

ChrweSy"  ^^'^-^  "^'^^  served  with  notice  of  the  motion,  but  was  left  to 

eet  his  costs  from  the  nominal  i>laintift',  who  had  after- 
Fonncr         ^  .  iir  i  i--  „„ 

pniciico  at  waids  to  get  them  (if  he  could)  Irom  the  solicitor.  Ihc 
Lawnow  pi«-^scnt  rulc  adopts  the  practice  of  the  old  Common  Law 
foliowcii  in  Courts ;  SCO  lieifm>lih  v.  Howdl,  L  R.  M  Q.  B.  3.')«. 

the  Ch;ui- 


DISPOSAL  OF  COSTS  OF  THE  ACTION  BEFORE  TIUAL.      87 

For  cases  under  the  former  practice  where  the  bill  was  eery  Divi- 
eitber  dismissed  or  taken  off  tlie  file,  in  eitber  case  witb  ^'°°" 
costs  against  the  solicitor,  see  W rigid  v.  Castle,  o  Mer.  12; 
Allen  V.  Bone,  4  Beav.  403 ;  Wade  v.  Stanley,  1  J.  .^  W. 
674;  Martliidale  v.  Lairson,  C.  P.  C.  83;  Jcrdcin  v. 
Bright y  10  W.  R.  380.  And  see  also  Davics  v.  Davics,  18 
L.  T.  701  ;  Robson  v.  Dodds  (2),  8  Ei^  301 ;  38  L.  J.  Ch. 
647  ;  17  W.  R.  782  ;  20  L.  T.  9G8  ;  Palmer  v.  Walc,sh>/, 
3  Cb.  732 ;  10  W.  R.  924,  wbere  a  bill  filed  by  a  next 
friend  in  tbe  name  of  a  supposed  lunatic,  who  was  really 
of  sound  mind,  was  ordered  to  be  taken  off  the  file,  the 
next  friend  paying  all  tbe  costs  ;  Fentou  v.  Qccni's  Fcrri/ 
Co.,  7  E(i.  2G7;  Thomas  v.  Finlagson,  ID  W.  R.  2o5. 

If  the  suit  is  dismissed  with  costs  before  the  plaintiff 
interposes,  be  cannot  be  relieved  from  his  liability  to 
the  defendants  {Dundas  v.  Dutcns,  1  Vcs.  Junr.  IIIG; 
2  Cox,  235;  Hood  v.  Phillijis,  G  Beav.  ]7G;  Tarhuck  v. 
Woodcocl-,  ibid.  581);  but  the  plaintiff  may  afterwards 
recover  his  costs,  charges,  and  expenses  from  the  solicitor, 
eitber  by  petition  (Xorton  v.  Coojyer,  3  Sm.  viv:  CJ.  375),  or 
motion  {Mtdins  v.  (irernvan,  10  Beav.  5G4 ;  Hood  v. 
Phillips).  In  Jcrdcin  v.  Bright,  10  \V.  R.  3S0,  the  bill 
was  filed  under  an  authority  which  had,  in  the  opinion  of 
the  Court,  been  improperly  obtained  from  the  plaintiff, 
and  V.  C.  Wood  made  the  same  order  as  if  the  bill  hail 
been  filed  without  authority  ;  but  he  refused  the  plaintifi" 
his  costs  of  the  application,  because  he  raised  an  issue 
between  himself  and  the  solicitor,  on  Avhich  he  could  not 
be  believed.  In  like  manner,  one  of  several  co-plaintilfs 
may  apply  to  have  his  name,  if  inserted  without  proper 
authority,  struck  out  of  the  record  with  costs  of  the  suit 
and  of  tlje  application  to  be  paitl  by  the  solicitor  {Wilson 
v.  Wilson,  1  Jac.  i^-  W.  457 ;  Tabbcnior  v.  Tahbernor,  2 
Keen,  G79 ;  Pinner  v.  Knights,  G  Beav.  174;  Maries  \. 
Maries.  23  L.  J.  Ch.  154).  But  the  Court  will  not  allow 
a  co-plaintifl[",  who  originally  authori.sed  the  suit,  to  with- 
draw from  it  to  the  prijudicc  of  the  other  plaintifl's;  and  a 


88  .u»l>    (>K   AN    ACTIOS    OESRRALLV. 

motion  by  a  co-plaintiff  that  on  furtlier  pnx!f»e<ling.s  l>cing 
taken  lie*  should  he  indemnitied  by  the  solicitor  wiis  re- 
fused with  costj<  (Winthrop  v.  Murray,  7  Ha.  150). 
The  order  made  on  the  plaintiff's  motion  will  of  course  be 
witliout  j»njudice  to  any  rights,  which  thf  solicitor  may 
liavc  against  any  person  who  really  authorised  the  suit ; 
but  the  Court  will  not,  on  Ibe  plaintiff's  motion  adjudi- 
cate Iwtween  the  solicitor  antl  such  other  porwm,  though 
one  of  the  <lefcn<Iants  {('ri^Mlrtf  v.  r  ''  •.  <»  Ha.  3N4». 
On  flcfcn-         A   motion   may  Ik-  made  by  a  ;.i   to   have  the 

'iiic.itic"n!     proceedings  in  an  action  commenced  by  a  solicitor,  without 
pro|Mr  authority  of  the  r  '  ;  '  "*  '    ^i,,!  for 

payment  *>(  the  ost.n  by  tb-  •  fn'trr, 

25  W.  U.  554,  and  caaca  cito«l  there ;  and  bco  JluhUtrt  v. 
J'liillljiH.  ]'.\  M.  \-  W.  702.  On  such  a  motion  the  nominal 
]»laintiff  should  Ik;  servinl,  and  the  solicitor  will  be  ordered 
to  p.ay  his  cost^  an  In'tween  solicitor  and  client,  ami  tho 
costs  of  the  moving  defendant  as  l)etwcen  jwrty  and  party 
{CajH-  Ih    ■        '■       .  ,'•  '•     '       '•:''!'•■-  '  -c-o 

nixt  Fevj  '•      .     "N, 

\  L  '\\  2(i2,  where  the  bill  was  filed  in  the  name  of  a  coro- 
pauy  on  the  authority  of  one  of  the  tlirectors  against  llic 
other  directors;  and  liuiyri^fies  of  Jiuthin  v.  Admus, 
7  Sim.  IH'h  If  the  suit  is  really  instituted  by  one  of  tho 
defendants,  the  costs  may  bo  ordered  to  be  paitl  by  that 
ilifentlant  .  aoo  Jilakf  \.  Suiifl  V  ''•>,  where  the  plain- 
tiff was  iiiilHcile.  In  II uU  v.  y  2  S.  A:  S.  7.H,  where 
a  bill  had  been  fde<i  without  authority  from  the  nominal 
jilaintiff,  who  had  abscondcnl  •  '  irs  l»efou>,  and  was 
dismissal  with  costs  for  want  ■  :  j  -  uti'ju,  the  Court,  on 
motion  by  the  defendants,  ordered  the  solicitor  to  pay  the 
costs.  Where  a  solicitor  gave  the  relator  in  a  charity  infor- 
mation an  indemnity  against  costs,  or  used  his  name  with- 
out authority  (though  afterwards  a.ssented  to),  the  Court 
would  order  the  information  to  be  taken  off  the  file  with 
costs  ajiainst  the  relator  and  .^cdioitor  {Atforncij-Gftieittl  v. 
SHn  iwrs  Co.,  C.  T.  C.  7).     "  The  view  of  the  Cvurt  is  that 


COSTS   OF   THE   DAY.  89 

when  a  solicitor  takes  upon  himself  the  conduct  of  a  suit 
by  saying  that  he  will  indemnity  his  client  against  all 
costs — wliere  the  plaiutitf  is  a  mere  puppet,  and  the  real 
party  suing  is  the  solicitor — the  Court  will  hold  the  soli- 
citor liable  for  all  the  expenses  to  which  he  has  put  the 
other  parties  by  his  conduct ;"  per  Lord  Hatherley,  L.  C, 

in  hi  re  Jones,  G  Ch.  p.  49.     See  also  In  re  E.  S ,  4 

Ch.  D.  301.  As  to  what  is  a  sufficient  retainer,  see  Hall  v.  Retainer. 
Lavcr,  1  Ha.  .571;  Benley  v.  Se}/mour,  14  Jur.  -13  ;  ^j^j^^^*" 
Atkinson  v.  Abbott,  3  Drew.  251.  The  onus  of  proving 
the  retainer  lies  on  the  solicitor  {Wright  v.  Castle,  3  Mer. 
12  ;  Alien  v.  Bone,  4  Beav.  493  ;  Wiggins  v.  Pej^pin,  2 
Beav.  403  ;  Crossleg  v.  Croirthcr,  9  Ha.  384) ;  but  the 
retainer  need  not  be  in  writing  (Lord  v.  Kellett,  2  My. 
&  K.  1,  and  cases  tiiere  cited)  ;  and  the  authority  to  a 
country  solicitor  is  suthcient  without  express  autiiority  to 
the  London  agents  {Solleg  v.  Wo<kI,  10  Beav.  370).  If, 
however,  there  is  no  written  retainer,  there  should  un- 
tlUfstionably  be  an  authority  to  institute  the  suit  given 
directly  by  the  client  to  the  solicitor  {lie  Grag,  r.r  parte 
IncorponUeil  Law  Society,  20  L.  T.  730). 

Where  a  plaintitf,   having  had    four  bills  successfully  Vexations 
donuured  to,  filed  a  fifth  for  substantially  the  same  object,  P'""^'^'^'^" 
tlie  Court  ordered  the  bill  to  be  taken  ofl'  the  file,  and 
made  the  plaintiff  pay  all  the  costs  of  the  litigation  {Morl- 
loclc  V.  Mortlock;  20  L.  T.  773). 


Hv/T.  \n.— Costs  of  the  Dag. 

Any  verdict  or  judgment  obtained  where  one  party  does  r.  s.  c. 
not  appear  at  the  trial  may  be  .set  aside  by  the  Court  or  a  v'^vyr 
judge  upon  such  terms  as  may  seem  fit  upon  an  application  r.  lio. 
made    within    six    days    after    the    trial  (R.    S.    C.   Ord. 
XXXVL,  r.  20). 

A  judgment  will  be  set  aside  under  this  rule  if  a  proper  Judgment 

ca.sc  is  shewn,  but  the  party  in  default  nmst  pay  the  actual  ^^*'  .^"^'.'.'"nt 

costs  of  the  day  when  the  action  was  called  on  and  of  the  of  actual 

costH  of  tlie 


90  COSTS   OK  AN   ACTION   OENEHAI.I.V. 

day  and  of  application  to  rcstoFC  (Cocklc  V.  Joyce,  7  Ch.  D.  5() ;  47  L. 
thcn,.i,n.    J   Qj^     -^.^     2fi  W.    R.   50;  37  L.   T.   428;  Wrifjht   v. 

csition  to  '  '  »  i/ 

restore.  Clilford,  2(>  W.  K.  ^iV.)) ;  including  all  costs  thrown  away, 
and  the  costs  of  applications  both  to  a  Divisional  Court 
and  to  the  Court  of  Appeal  {King  v.  Sandnnan,2it  W.  U. 
nfij) ;  38  L.  T.  401  ;  hut  see  Jhu'ffn'me  v.  Taylor,  2<)  \V. 
R.  ')08 ;  38  \j.  T.  438,  whore  no  costs  of  the  appeal  woro 
given).  In  liirch  v.  Williams,  24  W.  R.  7oO,  the  wlicitor 
throuj,'h  whoso  ovorsij,'ht  the  di.«nii.ssal  was  cau.st-d  ha<l  to 
pay  the  costs.  And  see  Cons.  Oril.  XXI.,  r.  12,  under  which 
if  a  cause  is  struck  out  for  want  of  pai>crB,  the  plnintitTs 
solicitor  may  Ixs  orderctl  to  pay  the  costs  occosionctl  t»)  the 
advor.«!e  parties. 

Wlure  the  plaintiffs  brought  the  action  to  a  hearing  in 
an  imperfect  state,  an<l  it  was  allowed  to  stand  over  umior 
R  S.  C.  Ord.  XXXVI.,  r.  21,  in  order  that  thoy  nr  •  • 
amend,  the  plainlitTs  were  rcquirtnl  to  pay  the  actual  *.  : 
of  the  day  {LyluU  v.  }fatiin8on,  5  Ch.  D.  780;  25  W.  R. 
8G6 ;  37  L.  T.  tiU  ;  including  the  expenses  of  the  defen- 
dant's witno-  •• '  '  hail  been  kept  in  attendance  {Ibitl). 
See  also   Lh  'I   v.    Ihrn-^f^vrH,  W.  N.  (1877),  228  ; 

Mo:lnjv.  Co^vie,47   L.  .1    ('!i.  ilTl  ;  J'".  W.  K.  854;  38 
L.  T.  008. 
Cons.  l>y  Cons.  Onl.  XL  ,  r.  'J I,  where  a  cau.se  coming  on  f«»r 

Onl.  XL.  r.  jj^^^riniT  was  struck  out  for  want  of  parties  or  other  defect 

21,  ^  .      .  * 

on  the  part  of  the  plaintiff,  the  defendant  was  entitled  to 

the    taxed   costs  occ:isii»ned    by    the    first   setting   down, 

although  he  did  not  get  the  costs  of  the  suit.     When  a 

cause  was  set  down  as  *'  short "  and  struck  out,  the  defon> 

dants  wore  entitled  to  their  costs  of  the  day  unless  they  had 

concurred  (}[illi--I<  v.  Jiwoks,  C.  P.  C.  474). 

Former  YoT  tlio  foruicr  practice,  where  there  was  a  defect  for 

wlioro         want  ot   parties,  see  Jiou'scil  v.  Morri.'i,  1<  h<].  20  ;  /  tirzc 

tlurc  w;is        ,<;i,anvood,  5  My.  &  C.  00  ;  Sambrooh'  v.  Ilinjcs,  G  L.  J. 

a  defect  lor     •   -  '  •'  ^  ^ 

»-ant  of       Ch.  258  ;  Bici'dcrinann  v.  Seiftiiour,  1  Bcav.  594  ;  Price  v. 

^"""^"^       Bcrringtoii,  2  Boav.  2s5. 

The  ci^t*         By  Cons.  Old.  XL.,  r.  22.  the  costs  of  the  dav  were  fi.\e«l 


COSTS    OF   SrECIAL   CASES.  91 

at  £10  unless  the  Court  should  otherwise  direct ;  and  only  of  the  day 
one  sum  of  £10  was  payable  though  there  might  be  several  ^^^^  ** 
defendants.  The  costs  of  the  day  would  not  be  given 
where  the  defect  occurred  after  the  cause  was  at  issue 
(Fussdl  V.  Elu'in,  7  Ha.  20)  ;  nor  where  the  cause  was  set 
down  by  the  plaintitY  for  further  consideration,  and  on 
exceptions  to  the  Chief  Clerk's  certificate,  and  the  excep- 
tions were  allowed  (Osborne  v.  Harvcij,  12  L.  J.  Ch.  66). 
The  Court  would  sometimes  also  reserve  the  costs  when 
the  cause  stood  over  with  liberty  to  amend  {Mason  v. 
FmnkUn,  1  Y.  .t  C.  C.  C.  242). 


Sect.  VI 11. — Costs  of  Special  Ccises. 

The  practice  in  special  cases,  which  wa-s  formerly 
governed  by  18  I'v:  14  Vict.  c.  3'),  is  now  regulated  by  11.  S. 
C.  Ord.  XXXIV.,  wiiich  provides  (r.  7,  Ap.  iSvSO)  that  no 
special  case  shall  hereafter  be  stated  under  that  Act. 
Under  the  present  practice,  if  it  is  desired  to  obtain  a 
decision  of  the  Court  on  a  special  case,  an  action  is  com- 
menced in  the  usual  way,  and  after  the  writ  is  issued  the 
parties  may  then  concur  in  stating  the  questions  of  law 
arising  in  the  action  in  the  form  of  a  special  case  for  the 
opinion  of  the  Court  (Ord.  XXXIV.,  r.  1).  The  parties 
may  also  agree  that  on  judgment  being  given  a  fixed  sum 
shall  be  paid  by  one  party  to  the  other,  either  with  or 
without  costs  of  the  action,  and  judgment  may  be  entered 
for  such  sum  with  or  without  costs,  as  the  cjujc  may  be, 
and  execution  may  issue  forthwith,  unless  otherwise 
agreed,  or  unless  stayed  on  appeal  (r.  (!,  Ap.  ISSO).  In  the 
absence  of  any  agrceujent  theeost^s  arc  in  the  discretion  of 
the  Court,  and  the  ordinary  rules  as  to  costs  apply ;  and 
see  Ustickc  v.  Peters,  cited  below.  In  practice,  however, 
the  costs  are  frequently  arranged,  see  Biinston  v.  War- 
burton,  2  K.  &  J.  406  ;  or  a  question  is  asked  how  and  by 


02  <  OSTS    vV   AN    ACTION    GEKEHALLY. 

wlioin  the  costs  of  the  action  and  special  ca.se  are  to  be 
horno  {Hnrvi»on  v.  Curnxi:aU  Minerals  Rij.  C<>.,  HI  Cli.  D. 
(j(j ;  '2U  W.  R.  2:)H). 
Former  Under  the  old  Special  Case  Act,  13  &  14  Vict.  c.  3'>,the 

'"^  '  '  costs  were  also  in  the  discretion  of  the  Court,  an<l  a.s  a 
firncml  pcnoral  rule,  the  Court,  in  disposing  of  them,  was  governed 
rule  w.  to  ijy  (|,(.  rules  wiiich  roculat«.<l  it  in  ordering  payment  of  the 
h^riai  costs  of  a  stiit  instituted  hy  hill.  Thus,  if  the  difficulty 
''^'  arose  out  of  a  t.stator'H  will.tlr  in  an  ndniinistrati<»n 

suit,  wen*  ordtred  to  \n-  l»ornf  1  !al«»r's  general  estate 

{Cook-f>(ni  V.  Jiinyham,  17  IJcav.  202  ;  IlhulU  v.  Taylor,  5 
l)e  (J.  M.  \  r;.  .'i77  ;  A  nnilaiji  v.  Co^itrM,  3.'»  Bt>av.  1  ;  Karl 
Cowley  V.  Wcllcalfy,  ih.  Cu\'i  ;  but  »<c  Lloyd  v.  Cocker,  27 
Beav,  049) ;  or  residuary  real  ettlatc  (Marthall  v.  Grime, 
2'S  IJeav.  37J)) ;  or  if  there  were  no  general  e>tatc,  by  tho 
fund  specifually  lM<nicathcd  (Cook-jton  v.  Jiiwjham  ;  but 
see  also,  IJoyd  v.  Cvcli  r).  In  liarunhy  v.  Tastttli,  11  Eq. 
303,  the  costg  of  all  |>artie8  to  a  gpociol  case  on  the  con- 
struction o{  a  will  were  ordered  to  ]h»  paid  out  of  the  estate, 
the  personal  estate  being  first  liable. 
Whrrr  In   UHtickr  V.  Pftriv,  4  K.  &   J.  4r»7.  however,  V.  C. 

MKviai  Wu«xl  held  that  the  cast*  of  a  special  case  were  not  to  bo 
r«M«  decided  on  the  same  principle  ns  thono  t»f  an  administra- 

1k)  iVi.i  i.>    tion  suit,  and  that   a  plaintitV  succeeding  u|H»n  a  special 
unMi.crjw-    ^,^^^.  arisinc  out  of  the  ctMistruction  of  a  will  was  entitled 
to  his  costs  from  the  ■  a,  t-ach  party  fiurly  claiming 

what  he  thought  hin.  tletl  to  ;  and  there  Uing  no 

question  of  conduct  involved.  From  the  report  of  the 
case,  it  iloes  not  apjK^ar  that  any  question  as  to  the  cost* 
was  inserted  in  the  special  cjuso.  So  in  Mortimore  v. 
^l^^rtimolr,  4  De  G.  i^  J.  472,  a  special  case  having  been 
statcxl  for  the  opinion  of  the  Court,  at  the  instance  of 
a  tenant  for  life,  with  a  view  to  obtaining  an  increase  of 
her  income  by  an  investment,  v(  which  the  Court  in  its 
jud<^ment  expressed  disapprobation,  the  income  of  the 
tenant  for  life  was  ordered  to  bear  the  costs.  Again,  in 
;:>abin  v.  Jlmpe,  27  Beav.  501,  the  costs  of  a  ."special  case 


COSTS   OF   THE   ACTION.  93 

were,  in  answer  to  a  question  in  the  case,  declared  to  be 
payable  by  the  defendant,  upon  the  principle  that,  if  a 
bill  had  been  filed  for  specific  performance,  a  decree  would 
have  been  made  ;igaiust  him  with  costs. 


Sect.  IX.—Cwts  of  the  Action. 

Where  further  consideration  of  the  action  is  reserved,  The  costs 
the  costs  of  the  action  are  generally  also  reserved  [Scar-  ^^jj„ 
borough  v.  Burton,  2  Atk.  Ill  ;  Jellicoc  v.  Price,  1  Y.  *?y:  wianais- 
C.  C.  C.  74);  but  otherwise  tliey  are  usually  disposed  of 
at  the  trial.     If  the  costs  of  the  suit  are  reserved  at  the 
trial,  that  reservation  will   not  it  seems  include  costs  of 
interlocutory    proceedings,  Sec,   reserved  until   the   trial, 
which   therefore,   unhss  expressly  mentioned,  may  be  lost 
{Gardner  v.  MarxJudl,  14  Sim.  .")7')  ;   W/idlleij  v.  Jhimage, 
8  L.  T.  4iH)).     Although  the  costs  of  the  suit  are  not  ex- 
pressly reserved  at  the  hearing,  yet  the    usual   direction 
for  the  adjournment  of  the  further  consideration  of  the 
cause   in   eftect  reserves  them   (Setoii,    p.    72 1  ■.  am!    see 
Wall  is  V.  liastarJ,  2  W.  R.  47. 

Wiiere,  however,  in  a  partJiership  suit,  there  was  no 
special  reservation  of  costs  in  the  original  decree,  it  was 
held  that  tlie  defendant  could  not,  on  further  considera- 
tion, be  ordered  to  pay  the  costs  of  tin-  action  (Austin  v, 
Jackson,  11  Ch.  1).  !>42  ) ;  and  see  iV?(W/  v.  Ulliot,  10 
Ch.  424  :  2.S  W.  K.  777:  o-S  L.  T.  110. 

It  has  recently  Ixeii  lai<l  down  that  the  costs  of  appli- 
cations ordered  to  stand  over  until  trial,  and  costs  reserved 
to  be  disposed  of  at  the  trial,  should  follow  the  event  of 
the  trial  unless  otherwise  ordered,  without  any  special 
directions  ;  see  lloiltjes  v,  Ilodcje^s,  (M.  R.),  2.')  W.  R.  1G2, 
Mem.  W.  N.  (1870),  271.  Under  R.  S.  C.  Ord.  XV.,  r.  1, 
any  matter  required  on  further  consideration  as  to  costs 
may  be  proved  by  affidavit  (Bcanei/  v.  Elliutt,  W.  N. 
(1880),  D!>). 


f>l  COSTS    OF   AN    ACTION   GESKnAI.LV. 

M.iy  i«  In  Homc  instances   the   Court   divides   the   costs,  and 

ftt  InX-rcnt  g'^'^''<  ♦'^t  the  trial  the  cr.sts  up  to   the  judgn)«nt  or  decree, 
iiuic*.         an  J  reserves   tlie  subsc^juciit   costs   (a-s   in   M<ii\i,(nei/  v. 
Graham,  2  R.  &  M.  353;  and  see  ;kw/,  p.   127)  or,  on 
further  cousidcnition,  gives  the  costs  up  to  the  judgment 
to  the  plaintiff,  and  tho  -••'        'ii^nt  costs  to  the  defen- 
dant (:us  in  M>H'hr  v.  M  1   Moll.  IIU  ;  Anon,,  4 
Mad.    27*1;  Sentancf   v.   J*orter,  7   Ha.  426) ;  or   lastly, 
gives  til'                *"  a  part  of  the  actioi         *'      '  nid 
roservos  t                 liintly  \.  IlvU.  17    i  v. 
Midland  Ry.  Co.,  10  Ch.  D.  M        W  he  re  the  qucalion  of 
is  partly  disposetl  of  at  •                       'h«-  further  «•  n- 
.;  ..   ..(  i|,e  cost*  umliv                       ild  Ih?  cxprw-ly 
•n,  p.  72>.     An                        rvalion  of  cost* 
as  to  somo  defendants  did  not  prevent  the  Court  giving 
thi'ir  c«»sls  to  other  d- *'      '      '          *      .  i    .      . .         ..     |,^| 
Ixc'U  direclf<l,  and  c                                                     ;       •  ttl- 
ings  had  been  reserved  till  after  tlic  trial  at  law  (Rict  v. 
^^  ,./<;>»,  \\  Bcav.  r>()M).     If  the  costs  of  the  action  are 

^i\».n   at   the  hearing,  this  includes  all   tl ..-»•*  of  the 

action,  and  the  suhsetjuent  costs  are  not  :  'Qimr- 

rcU  V.  lieckfiud,  1  Mad.  ifsC  ;  Clutton  v.  Paniuu/V.  & 
M.  3()i;  Kr,hl  V.  J'ark.  10  Ch.  334;  44  L  J.  Ch.  2.S(; ; 
'j:>  W .  li.  17.'»  ;  33  L.  T.  H3).  In  the  hust-intntioned  case 
specific  performance  was  decreed  against  a  vendor,  an 
imiuiry  wa.s»lirectod  as  to  ilainaiie«.  and  tli  '  mt  was 

ordereil  to  |Miy  the  ousts  of  the  .suit.     The  j .:i  carried 

in  claims  fur  damages  to  a  very  large  amount,  the  whole 

of  which   were  di.siillowed,  M?veral  of  them   not   coming 

within  the  scope  of  the  inquiry  directe<l  ;  and  it  was  held 

that  the  defendant  mu>t  pay  .so  much  of  the  costs  as  were 

jMoperly   incurred   in  carr}ing  out  the   inquiry,  and  the 

plaimitT  must  jxiy  all  the  rest. 

Oonoral  \\y  R.  S.  C.  Ord,  LV.,  r.  1,  the  costs  of,  ami  incident  to 

in  ciian-     ^H   proceedings   in  the  High  Court  {i.e.  all  proceedings 

cm- actions  ^j,j^(    have   actually   come   into   the   High    Court,    In  it 

[ITe  dil'^r.'"  JirowhrOCe  TnuJe  ^fark■,  J)  Ch.  D.  018  ;  1'7  W.  R.  2H}), 


COSTS   OF   THE   ACTION*;  95 

are  in  the  Jiscretiou  of  the  Court,  but  not  so  as  to  deprive  tion  of  the 
a   tmstee,  mortgagee,  or   other  person,  of  any  right  to    "^"^  ' 
costs   out   of  a   particuhir  estate  or   fund    to    which   he 
would  be  entitled  according  to  the  rules  hitherto  acted 
on  in  Courts  of  Equity.     This  is  the  rule  when  the  action 
is  tried  without  a  jury  ;  when  an  action  or  issue  is  tried  injury 
by  a  jury,  costs  follow  the  event  unless  otherwise  ordered.  jJi^^^,*!  ^j^^ 
As  to  costs  of  an  action  or  issue  tried  by  a  jury,  see  j^^t  *^^'*^"^- 
p.  101. 

The   rules   of  the  old  Court  of  Chancery  as  to  costs,  Rules  of 
with  a  few  exceptions,  remain  in  force  in  the  Chancery  [/^'jj^'^'^j 
Division  ;    sec     R.    S.    C.    (Costs)    Sched.,    r.    28,     pro-  Chancery 
viding   that    the  rules,   urders,  and  practice   relating    to  '.^^,^,\y  i„ 
costs,    existing  prior   to    the    Judicature    Act,   shall    re- '*><-"  <'''•»';- 

-  .  .  .  .  ,    cerv  Uivi- 

main    in  force  so  tar  as   they  are  not  inconsistent  witli  sion,  except 

the  Act  and  Rules ;  and  .see  also  Prinale   v.   Gloaq,  10  ^'}l*^^^ 

'  •'  -J'  iilttrea  l>y 

Ch.  D.  (i7<; ;  4.S  L.  J.  Ch.  3^0  ;  27   W.   R.   o74 ;  40  L.  T.  the  new 
512;  (M.  R).  '"••^'^- 

Although  the    costs    of   an    acti<.iii    in    tiic    Chancery  ^^^^t^  i„ 
Division,  being  in  the  di.scretion  of  the  Court,  (as  were  <''>:»»*"i'ry 

r         •  1  1  •  •         /-11  I>i  vision 

the  costs  of  suits  under  the  pnictice    in    Chancery)  do  gcnenUiy 
not    invariablv  follow    the    result,  yet    they  do  .so    as  a  ^""",'*'  *''.*' 

^  •'  result. 

general  rule.  Pvihul  facit\  the  party  who  fails  must  pay 
the  costs ;  and  the  onus  lies  on  him  to  show  why,  in 
any  particular  ea.se,  he  shouM  not  do  .so  {Vaiicouver  v. 
Blisft,  11  Ves,  4().'{ ;  Jfumpson  v.  lirnndiijood,  \  Madd. 
394).  The  tendency  of  modern  decisions  is  very  strongly 
in  favour  of  making  the  co.sts  follow  the  result;  sec  the 
ilicta  of  Lord  Kldon  in  Vancouver  v.  Blisx,  11  Ves.  4(j3, 
and  Staines  v.  Morrin,  1  V.  &'B.  8,  15  ;  of  Lord  Cotten- 
ham,  in  Millimjton  v.  Fox,  *j  My.  &  C.  .352  ;  of  Lord 
Westbury  in  liarllctt  v.  Woinl,  9  W.  R.  .Sl7  ;  and  of  Lord 
Cairns  in  Patch  v.  ^Yal\l,  3  Ch.  p.  210,  and  in  Ferguson 
V.  ^\"iison,  2  Ch.  p.  f)2. 

In  some  very  peculiar  cases  the  plaintifT,  though  success-  SucceMfuI 
ful,  has  been  ordered  to  pay  all  the  costs  of  the  suit ;  sec  ^^^y\]^^ 
ex.gr.  ^Yoottoa  v,  Woutlmi.  \\ .  N.  (Isc;)),  17.',  ;  3'c»/'?/u:oi  "'■aerea  to 

p.iy  costs. 


f)f)  COSTS    OF   AN    ACTION   GENKUALLV. 

V.  Johnson,  29  Bcav.  77.  Such  an  order  has  been  made 
even  where  the  action  was  tried  before  a  jury  {IIavi'i*t  v. 
Petltcrtck,  4  Q.  B.  D.  Gil).  But  of  course  such  cases  are 
very  rare. 

rnsiuccsK.       It   .seems  tljat   tlie  Cuurt  cannot,  or  at   least  will  not, 

ful  jiiirty  ,  ... 

only  i.riy8  make  an  unsuccessful  party  pay  costs  as  between  solicitor 
i-.-iriy  an.i    j^j^j  client,  unlcss  (1)  there  is  a  fiduciary  relation  between 

juirty  cohtB.  '  ^    '  •■  .         . 

Kxceptiona.  ^'^^  parties,  or  (2)  there  has  been  somctliinj;  in  tlic  nature 
of  .scandal,  cj*.  ffr.,  gross  charges  of  fraud  maile,  and  not  sus- 
tained ;  Init  he  may  Imvc  to  pay  the  costs  of  trustees  as 
between  solicitor  and  client,  whether  there  is  any  fiinil 
nut  »tf  wliich  they  can  Im-  paid  or  not  (Tuniei'  v.  ('ollinj*, 
1-2  K<|.  4.S^);  and  .s«e>  Furt\s(er  v.  Rtud,  G  Ch.  40;  ID 
W  i:  114;  24  h  T.  7;».  In  Simjiwn  v.  M,ilh>  ,}h', -^ 
CiitV.  707  :  (i  N.  U.  24'>,  a  bill  collusively  filed  for  a  pur- 
jxi.se  ditVercnt  from  its  o.stensiblc  one,  was  dismissed  with 
all  costs,  charges,  and  exj>enses  properly  incurrc»l  by  the 
defendant  in  relation  to  the  suit. 

In  Keiuin  v.  Cnnvfonl,  C  Ch.  I).  29,  .so  hhk  n  nia  bill 
as  containeil  very  gro.ss  charges  of  immorality  was  «lis- 
mis.sed   with  costs  as  between  solicitor  and  client.     .\ii 

Poworof     arbitrator    to  whom  the   matters   in  issue  and   the  costs 

arl.itnitor    ]y^^.^,  l,^.^^,^  refcHed  by  the  Court,  can  awanl  solicitor  and 

to  MW.iril  •' 

casts.  elit-ut  costs  if  there  is  a  fiduciary  relation  between  the 

pjtrties  {Mordue  v.  Palmer,  G  Cii.  22).  Ti?e  mistake  of 
an  arbitrator  as  to  the  law  of  costs  is  no  ground  for  .setting 
aside  the  award  (Allen  v.  Greenftlude,  IV.i  L.  T,  'tiil). 
AVhere  an  arbitrator  awards  damages,  but  says  nothing 
about  costs,  the  costs  are  recovenible  by  action  (Metro- 
l,oIitiin  Bif.  Co.  V.  i<larrj>e,  W.  N.  (1880),  79). 

.    ,  .    .,       Even  wIkio   tlie  plaintiff  fails  in   his  suit,  it   is  now 

A  lil;lin(ltr  1  r  1  •  /  II'     I  I 

failing  in  settled,  contrary  to  the  former  doctrine  {\\  i/kJiam  v. 
tbcsmt       'W'ukham,  18  Yes.  423),  that  he  may  nevertheless  receive 

may  never-        J  >  ''  •' 

the'iess  get  his  costs,  if  there  is  a  fund  to  be  admini.stered  or  an  estate 
tberels^a*  i'^  litigation,  and  the  case  involves  a  point  of  con.struction 
fuml,  or      Q,^  Avhich  it   is  necessary  that  the  opinion  of  the  Court 

estiite  in         ,        ,  ,    ,  ,  ^,  i^  ..  -r*  ►--       r 

litig:itiou  ;  should  be  taken  {Ihonuisvii  v.  Juost'6,  o  r>eav.  n  ;  L€t'  v. 


COSTS   OF  THE   ACTION.  97 

Lelane,  4  De  G.  .^  S.  1 ;  Westcott  v.  CuUiford,  3  Ha.  274  ; 
Wed(jwood  V.  Adams,  8  Beav.  lO.S  ;  and  see  the  earlier 
cases  collected  in  the  notes  to  the  two  last  cases ;  Lcighton 
V.  Leighton,  18  Eq.  458  ;  Garth  v.  Toivnsend,  7  Eq.  220). 
The  princi})le  of  these  cases  is  thus  stated  by  Lord 
Langdale,  M.  R.  :  "  If,  through  the  exertions  of  a  plaintiff, 
the  Court  is  enabled  to  distribute  a  fund,  or  if  it  makes 
a  declaration  of  rights  necessary  for  its  administration, 
there,  although  the  plaintiff  may  fail  in  his  claim,  the 
Court  will  not  permit  the  other  parties  to  carry  off  the 
fruit  of  his  exertions  "without  defraying  his  costs  out  of 
the  fund"  (8  Beav.  105);  and  see  Taylor  v.  Haygartk, 
8  Jur.  135.  The  plaintiff  may  obtain  his  costs  out  of  the 
fund  or  estate,  although  the  action  be  dismissed  (Ashe  v. 
Bernj,  3  Moll.  f>7;  Lynn  v.  Beaver,  T.  &  R.  G9  ;  Wind- 
harii  V.  Graham,  1  [Russ.  347  ;  Ilardey  v.  Hawlshaw, 
12  Beav.  552;  Douglas  v.  Cooper,  3  My.  &  K.  382). 
But  the  circumstance  of  the  defendants  asking  for  a 
declaration  of  title  in  their  favour  is  an  inducement  for 
the  Court  to  give  costs  {Thomason  v.  Moses,  5  Beav.  77 ; 
Johnston  v.  Todd,  8  Beav.  48.9  ;  Merlin  v.  Blagrave, 
25  Beav.  125).  "Where  letters  of  administration  are  re- 
voked the  administrator  will  not  get  his  costs  of  an 
administration  action  instituted  by  him  with  knowledge 
that  another  person  claimed  to  administer  {Houseman  v. 
Uousenmn,  1  Ch.  D.  535).  In  Wisden  v.  Wisden,  5  Jur. 
N.  S.  86,  where  the  costs  of  the  suit  were  payable  out'of  a 
fund  belonging  to  the  plaintiffs,  defendants  who  took  a 
declaration  of  title  had  no  costs.  A  plaintiff  claiming  to 
be  a  creditor  of  a  deceased  person  and  failing,  does  not 
come  within  the  rule  (Jones  v.  Hoiu,  14  Jur.  145;  and 
see  Berry  v.  Morse,  1  H.  L.  C.  71,  78)  ;  and  the  plaintiff 
must  have  a  prohdj'dis  eausa  lltigandl  {Boreham  v. 
Bignall,  8  Ha.  134).  If,  however,  the  plaintiff  has 
acquiesced  in  the  construction  in  favour  of  which  the 
Court  decides  for  a  long  period  before  taking  proceedings, 
the  suit  will  be  dismissed  without  costs,  though  the  point 

u 


98  chsts  of  as  action  generally. 

was  hufficictitly  doubtful  to  justify  it-s  institution  (Yifchify 
^'}  v-       V.  llanniinl  '.\  Ha.  G20).     But  where  there  is  no  fund  or 

whether  ,  .    '  , 

i^rwrnnlly   cstatc    in    litigation,   it   is   at   least  doubtful    whether  a 

.h'f't'n.hint    I'l''^i"<'ff  whose  action  is  dismissed  can  have  his  costs  from  n 

whfjrothcrc  (leffudant  |jer.s«»nally ;  sec  CtMtth  v.  Jncksou,  6  Ves.  41  ; 

!.VcKta"".     Tldvcll  V.  Arid,  .*J  Mad.  4O0 ;  JjCWis  v.  J^\rhnrii.  3  Mer. 

420,  where  the  juri8<liction   was  deniiil.     On   the  other 

hand  sic  Sprinfifichl  v.  (Htctt^  3  Mer.  421>,  n. ;   Dujhur  v. 

Siifil,  4  l)e  (J.  M.t^  Ci.  .')20,  •)2.'>.     "  I  liave  lia«l  considemble 

doubt,  and   have    looked   with   iny  leame*!   brother   into 

several  cases,  u|>on  the  question  <»f  ilirootinjj  co«ts  to  Ik* 

|Kiid  by  a  ticfendant,  where  there  is  neither  a  fund  to  In? 

adininistere<l  nor  an  cstnto  iu  dispute,  and  where  a  plaintiffs 

ca.sc  fails.     Without  saying  that  the  jurisdiction  docfi  not 

rxi.Ht,  I  think  it  a  juris«liotion  of  conHidrrable  cleiicacy  and 

dirticulty."— yVr  L.  J.  Knight  Bruce  '4  I)e  (;.  }A.X  (}..'>2:)). 

The  licttcr  opinion   undoubtedly  is  that    the   defendant 

^-u.,  ^Ci  v*/ »i,o.  K  a  KrF^"""^  '^'  ordered   to  |>ay  the  costs  in  such  a  case;  sec 

.♦  -s  yj^\,i  ^  ^„M-~  Dickti  V.  YatcH  (C  A.),  Ih  L*h.  I).  70. 

■"  '■/CcrtAin  Although  the  dis|H>Ral  of  costs  is  in  the  discretion  of  the 

viri'ncTi.lM  ('«»tirt,  there  ore,  ncverthclesii,  certain  general  priuciple« 
f..ih.>».-.l      ailoi)tod  bv  the  Court,  which  regulate  the  cost-s  of  actions 

llV    tllO  . 

CoMrt  iu  griKnilly,  as  well  as  others  in  reference  to  the  costs  of 
orthT'ciu  l»"»'l>c"l">'  ki"ti«  of  actions.  Tlie  latter  are  diactisseil  in  the 
of  the         next  chapter ;  of  the  former  it  is  attempte<l  to  give  some 

aolion.  ,  ^.         ,     , 

explanation  Ik>1ow. 
winntho       Where  a  plaintit)'  comes  to  enforce  a  legal   right  and 
Mu"'in        there  has  Vkcu  no  misconduct  on  his  jiart  he  is  entitleil  to 
nsiKvti.f  a  I  j^  costs  as  of  rieht  (Cdntcr  \.    Whittinohttm,  l.'iCh.  D. 

legal  title.  .,,,,.,,„,. 

.'.(H  ;  2s  W.  U.  720;  43  L.  T.  17;  Cur/Mjixiiurn  of 
i^W«Wtr  V.  /*<•«•,  2  De  CJ.  M.  &  (J.  427  ;  and  see  Trinity 
Jloiise  V.  Ry'tll,  3  Bro.  P.  C.  3S9  ;  Farina  v.  Silvfrlocl; 
4  K.  \-  J.  G.')l) ;   Ihiiyetis  v.  HaUhj,  2(i  Beav.  249). 

On  the  other  hand,  where  the  plaintiff  sues  in  respect  of  a 
legal  title  which  he  fails  to  establish. his  action  will  generally 
be  dismissed  with  costs  {Chapjtell  v.  Piu\lay,  2  Ph.  227  ; 
Jionciandt   v.  JJthmcId,   3  N.   11.  32  ;    Corporation  of 


.It 


COSTS    OF   THE   ACTION\  99 

Rochester  v.  Lee)  ;  and  so  where  the  bill  was  ancillary  to 

the  plaiutiflf's  legal  rights,  and  he  failed  at  law  {Me}/ric!c 

V.  Whi':ihav\  4  Mad.  27-).     Bat  this  rule  is  not  inflexible 

{Leather  Cloth  Co.  v.  Avwriean  Leather  Cloth  Co.,  8  N.  R, 

264,  where   a  bill   to    restrain    the    infringement    of   an 

allejied  trade  mark   was  dismissed  but  without  costs  on 

account  of  the  defendant's  conduct).     Where,  according  to 

the  old  practice,  proceedings  at  law  were  had  in  the  course 

of  the  suit  in  equity,  the  Court   frecjuently  made  a  dis-  Distinction 

tinction  between  the  costs  at  law  and   those   in  enuitv.  I'^'^"'^*'" 

•_       '     the  costs  .' 

The  former  almost  invariably  followed  the  result  of  the  law  ami  in 

action  or  i.ssue,*  whilst  in  the  disp(,>sal   of  the  latter  the  *^'^"'  '^ 

Court  was  influenced  by  considerations  as  to  the  conduct 

of  the  parties  (Clifton  v.  Orchard,  1   Atk.  610;  Anon., 

2  Atk.  14  ;   Fomcard  v.  Duifwhl,  :\  Atk,  .').')') ;  Stevens  v. 

Praed,  2  Vcs.  junr.   ')19;   Wrii/ht  v.  Hunter,  5  Yes.  7JJ2 ; 

Jones  V.  Farrell,  1  De  G.  ».^-  J.  208) ;  and  .see  further  a.s  to 

the  costs  of  i.ssues  generally  following  the  result,  Bcames, 

233  iieq.,  and  Corporation  of  Rochester  v.  Lee.     In  Wilson 

V.  Metcalfe,  3  Mad.  4.5,  an  issue  having  been  granted  in  a 

foreclosure  suit,  whether  the  mortgagee's  heir  was  dead, 

and  found  against  the  mortgagee,  he  paid  no  costs,  because 

the  Court  by  granting  the  is.suc  showed  that  it  thought 

the  objection  reasonable.     The  costs  of  an  issue  ordered  Costa  of 

to  be  tried  in  the  course  of  the  suit  are  not  strictly  part 

of  the  costs  of  the  suit ;   and,  if  the  issue  were  onU'red  on 

interlocutory  apphcation,  might  even  be  dispo.sed  of  before 

the  hearing  of  the  cause  {Duncan  v.    Varty,  2  Ph.  696, 

oveiTuling  Matins  v.  Price,  2  Coll.  190  ;  Ri'jhy  v.  Great 

Western  Ry.  Co.,  14  Jur.  710).     But  the  costs  of  a  ca.sc 

sent  for  the  opinion  of  a  Court  of  Law  have  l)ecn  held  to  be 

costs  in  the  cau.sc  {Humplirey  v.  Grey,  3  De  G.  iV.  S.  450  ; 

but  sec  contra,  Salkeld  v.  Johnston,  1   Mac.  &  G.  533). 

In  Prevost  v.  Benett,  2  Price,  272,  where  several  issues  iss„os 

were  found  partly  for  the  plaintiff  and    partly  for   the  ^^""'^  ^^^^^ 

•  Except  in  the  case  of  a  bill  to  establish  ft  will  against  an  heir-at-law, 
as  to  which  see  pout,  rh.  VF.,  '^or.  VI. 

Ji  2 


100  COSTS    OF   AN'    ArTI«'.N-   GEST-RaLLY. 

defendant,  cacli  party  was  allowed  the  costs  of  the  issues 
found  in  liis  favour,  and  had  to  pny  the  costs  of  those 
found  against  him  ;  but  in  ]\'oithcrlc)/  v.  ]{i^ms,  1  H.  &  M. 
.'U'.t.  no  costs  (>(  the  issues  were  given  under  similar 
circumstances,  though  the  defendant  lia<l  the  costs  of  the 
suit. 
Wlicrc  ft  It   was  a  general  rule  that  where  a  trial  at  law  failed 

wal  ^""^  through  misdirection  of  the  judgr,  and  a  new  trial  was 
direcu-^l.  direct<(l,  no  costs  of  the  firht  trial  were  given  to  either 
party,  whatever  might  Ik*  the  nsult  of  the  seojnd  trial 
(Bearhlock  v.  TyUr,  Jac.  .571  ;  Corjxtration  n/Hixh/'jitrr 
V.  rrr,  2  IV  (;.  M.  &  r,.  427.  4:n  .  Whitr  V.  LImU, 
:i  Swans.  :H.S;  4  Mad  214;  Dunoin  v.  Varti/,  2  Ph. 
690).  In  Dunani  v.  Vaiiy,  where  the  plaintiff  .nucceedetl 
nt  the  first  trial  and  failed  at  the  second,  no  costs  were 
given  of  the  first  trial  or  of  the  motion  for  a  m-w  trial ;  hut 
in  liotrltltH'k  v.  T>jlcr,  und(*r  similar  circumstance^,  the 
parly  failing  at  the  hist  trial  had  to  |>ay  the  co8t«  of  the 
niotinii  ;  nntl  s<h'  WhUf  v.  LUlf.  Where  a  new  trial  was 
ordered  on  payna-nt  hy  the  defendan'>  to  the  plaintiffs 
(tho  8ucce.<»ful  parties  at  the  first  trial)  of  the  costs  of  the 
first  trial,  it  was  held  that  the  defendants  were  not 
compellahle  to  pay  those  costs  unless  they  proceetle<l  to 
a  ntw  trial  {Lumfffti  v.  /'iWier,  7  Sim.  525).  In  Parkfr 
V.  Mon'tfl,  2  Ph.  4.'>.'^  a  party  failing  on  an  iswue  appealed 
against  the  order  directing  it,  and  the  I>>rd  ('hanctdlor  re- 
versed the  order  and  tlirntcJ  a  new  i>Mie.  hut  resined 
the  costs. 

Tho  former  practice  of  the  Court  of  Chancery  of  send- 
ing i.'^sues  to  be  tried  at  law  was  altered  by  Stat  25  & 
2«)  Vict.  c.  42  (Kolt's  Act),  at"ter  the  passing  of  which  the 
Court  declined  as  a  general  rule  to  direct  an  action  to 
Ih?  brought  or  issues  to  be  trietl  at  law  (IhurnpoH  v. 
J('pson,\  N.  R.  17.S;  Kmnont  v.  Darcll.  1  H.  \  M.  5r.;j ; 
Youiiff  V.  Fernie,  1  De  G.  J.  &  S.  353). 

The  above  casos  were  decided  under  the  ol«l  practice, 
but  they  are  retained  in  the  present  edition  as  it  is  |>ossible 


COSTS  OF  THE  ACTION.  101 

that  they  may  have  some  bearing  on  the  question  of  the 
costs  of  issues  or  actions  directed  to  bo  tried  before  juries 
under  the  Judicature  Act. 

Now  by  R.  S.  C.  Ord.  LV.,  r.  1,  wliere  any  action  or  Costs  of 
issue  is  tried  by  a  jury,  the  costs  follow  the  event  unless  i,y  ^  jurv.' 
upon  application  made  at  the  trial  for  good  cause  shown 
the  judge  before  whom  such  action  or  issue  is  tried  or  the 
Court  shall  otherwise  order. 

Under  this  rule,  if  an  application  as  to  the  costs  of  a  C.vsts  of 
jury  trial  is  net  made  to  tlie  judge  at  the  trial,  a  subse- ^,uj^,,.7i)g^ 
qucnt  application    may  be  made  to  a   Divisional  Court  P'^'^ent 
{Bovry  V.  Bell,  nronhs  v.  Israel,  4  Q.  B.  D.  95  ;  48  L.  J.  ^''"^"^"'^ 
Q.  B.  1<)1  ;  27  W.  R.  247  ;  :W  L.  T.  G07  ;  Mj/ersv.  Dcfries, 
SUUJons  V.  Lawrence,  4  Ex.  D.  170  ;  48  L.  J.  E.x.  44(J  ; 
27  W.  R.  71)1  ;  40  L.  T.  7!>.')).     But  not  to  tlie  judge  who 
tried  the  case,  nur  to  a  judge  at  chambers  (liaker  v.  Oa/ics, 
2  Q.  B.  D.  171  ;  4G  L.  J.  24(5 ;  2:.  W.  R.  220;  3.'.  L.  T. 
832;   Tyne  Alkali  Co.  v.  Lawson,  30  L.  T.   lOO;  W.  X. 
(1877),  18).     And  if  the  judge  at  the  trial  lias  made  an 
order  as  to  costs  a  Divisional  Court  has  no  jurisdiction 
{Mars<lcn  v.  /..  »f-  )'.  i^/.  Co.,  7  Q.  B.  D.  (141  ;  oO  L.  .1.  Q. 
B.  318).     As  to  the  time  witliiu  wliiili  snr]\  an  application 
must  be  made,  see  Kipiasfon  v.  Mackinder,  47  L.  J.  7(> ; 
37  L.  T.  3IM) ;  Collins  V.  ]y,lch,  :>  C.  P.  D.  27  ;  4!)  L.  J.  C. 
P.  2C0  ;   2S  W.  K.  l'hs.    H   I,.  T.  78:.. 

Sliould  the  jutlge  desire  to  deprive  the  succes.sful 
party  of  his  costs,  he  may  if  he  please  do  so  without  any 
actual  application  being  made  to  him  {TitDicr  v.  Ifei/laud, 
4  C.  P.  D.  432;  48  L.  J.  C.  P.  y.\r>  ;  41  L.  T.  .V.d);  pro- 
vided both  parties  are  present  and  have  an  opportunity  of 
arguing  the  (juestit»n  at  the  time  (Collins  v.  Welch  ; 
Marsden  v.  L.  cC  1'.  !{>/.  Co.). 

Where    in    the    same    action    the    jury    find    for    the  "Follow 
plaintiff  with  damages  as  to  one  cause  of  action,  and  for    *°'^^*'"  " 
the  defendant  as  to  other  and  distinct  causes  of  action,  the 
word    "event"   must  be  read  distributively,  and  the  de- 
fendant is  entitled  to  ta.\  his  costs  of  the  issues  found  for 


102  CC'Ms    OK   AS    ACTION   GEKEnALLY. 

him,  unless  the  Court  or  judge  othcmisc  onler;  aoo 
}f>/rrM  V.  Dr/rkM,  5  Ex.  I»  ' "  '  '» ;  4H  L.  J.  440  ;  28  W. 
U.  40(; ;  4 1  L.  T.  (]yj  ;  J>  V.  6'ni//,  o  Kx.  l>.  1^0,  n.; 

40  L.  T.  1D2;  L'llh  v.  De  SUva,  6  Q.  B.  I).  o'2\. 

Where  a  notiHuit  is  set  asulo  and  a  new  trial  h.vl  wlncli 
results  in  the  plaintiH'K  favour  the  nilej;ive«  him  his  c«»j»ta 
of  lK.th  trials  {('tren  v.  Wriifht.  2  C.  P.  D.  3o4 ;  46  L.  J. 
427;  2)  \V.  II  :>02 ,  3(1  L.  T.  355;  Field  v.  Great 
yorthtrn  lOj.  Co.,  3  Kx.  I»  2*^  ;  20  W.  ]\  ^'7 
31)  L  T.  Mh. 

Where  the  plaintifT  huc<1  for  two  »uni«  of  JClio  and  ds., 
r<^jH'clively,  ami  wan  nonMiitc*!.  ami  on  the  w-cond  trial 
which  wajHonlcrcd,  an«l  which  wa«  trie*!  with  a  jury,  faiU**! 
OK  to  the  X'*^'>  and  hucceedod  an  to  the  6«..  h«'  ««•»  onlercd 
to  |>ay  the  co«tKof  both  trials   Ilitn-ls  v.  J'  t  C^.  B. 

tf..  fi..wi.^f  •..,/,*/'..  ,^  The  judj;o  itf  not  cunfine<l  to  the  conduct  of  the  l^artjr 

^..-TlrtM  *Vl      ^'••'•"K  *I>o  litigation,  but  he  must  omuroo  the  tnith  of  tbo 

•*^-*»^aw<*^-4*  verdict  (llantctt  v.  KiW,  5  Kx.  I).  307). 

^""^'•(UV  Ifad.'      '     •   at  anyt  ■      ■  -  •-  the 

•^'"^*7'.     action  oil  "i.ntil  to  .  tiff 

toiiicr  —   is  entitletl,  the  Court  will  not  give  the  plaintiff  the  cost* 

to  a   Ik.u...^ .  .  -    11-.    '»43,  SmUh  v. 

(f  iWM,  1  Coll.  555 ;  Girtjg  v.  5^/^,  22  Bcav.  314  ; 
Ifudsim  V.  linineU,  14  W.R  911  ;  14  L  T.  GUH;  12  Jur. 
N.  S.  51  J)).  But  a  tender  must  be  verA*  ■  -  to  save 
costs;  and,  at  least,  where  prior  to  the  -■  re  Acts 

the  courts  of  law  and  equity  had  concurrent  jurisdiction, 
as  in  the  case  of  a  inorti^'nge  debt,  it  must  have  been  a  legal 
teniler  or  a  court  of  equity  would  not  support  it  [Gammon 
V.  Stone,  1  Ves.  339) ;  and  sec  Painter  v.  Citretc,  Kay,  app. 
xxxvi.  When  defendants  desire  to  st.iy  their  liability  to 
eostsinan  action  they  must  make  a  "clear  imconditional 
offer,  ei|uivalent  to  the  whole  rights  of  the  plaintiff  at  the 
time; "  ;xt  Fry.  J.  in  Trotter  v.  }facfenn,  13  Ch.  D.  588  ; 
2^  W.  Iv  p.  247.     And  the  tender  must  of  course  include 


COSTS   OF  THE   ACTION.  103 

the  costs  of  the  action  up  to  tliat  time  {Lill  v.  liobinson, 
Bcatt.  83;  Fradella  v.  Wellcr,  2  R  &  M.  247;  Jamicson 
V.  Teague,  3  Jiir.  N.  S.  120G  ;  Hnrris  v.  Harris,  1  N.  K. 
43  ;  11  W.  R.  G2  ;  MA  ndrew  v.  Basset  t,  4  X.  R.  12  ;  Mod 
V.  Couston,  ibid.  bO.yjyWliere  the  dcfeudants  ot^ored  to  .,  ^  ^ 
submit  to  a  decree,  each  party  to  pay  their  own  costs,  *."  .  ^  '  , 
which  offer  tlie  ph\intiffs  who  were  ultimattly  successful 
merely  refused,  no  costs  were  given  on  either  side  after  the 
date  of  the  offer  Lord  Kensington  v.  Metropolitan  Bail- 
way  Co.;  Williams  v.  Same,  14  W.  R.  7.U  ;  14  L.  T.  oSO). 
In  Geanj  v.  Xorton,  1  De  G.  &  S.  12,  V.  C.  Knight  Bruce 
held,  in  a  suit  to  restrain  the  infringement  of  a  patent, 
that  the  plaintiff  was  entitled  to  an  injunction,  although 
the  defendant  j)romised  n<»t  to  infringe  the  patent  and 
offered  to  pay  the  costs  of  j^reparing  the  hill  ;  anil,  there- 
fore, the  defendant  n«>t  having  temhied  tlie  costs  of 
obtaining  an  injunction,  the  phiintiff  w;us  entitled  to  i»ring 
the  suit  to  a  hearing  and  get  tlie  costs  uf  it.  Antl  in  Ktlly 
V.  Hoitper,  \  Y.  *!v:  C.  C.  C.  197,  the  s;ime  judge  held  that 
the  plaintitT  was  entitled  to  an  answer  from  the  defendant 
with  a  view  to  the  account,  and  aceortlin^ly  gave  him  his 
costs  of  the  suit,  tliougii  the  ilefendant  ha<l  before  answer 
tendered  the  costs  up  to  that  tiujc.  See  also  Stephens  v. 
Hntt,  10  L.  T.  231. 

Where  the  defendant  pays  money  into  Court  under  R.  S.  riiymcnt 
C.  Ord.  XXX.,  and  the_sum  paitl  in  is  accepted  by  the  '"^°  ^'''"'^• 
plaintitT  in  satisfaction  of  the  entire  cause  of  action,  tin; 
plaintiff,  after  notice  to  the  defendant,  may  ta.x  his  costs 
and  in  case  of  non-j)ayment  within  forty-eight  hours  si<'n 
judgment  for  his  costs  so  ta.xed  (R.  S.  C  (Jrd.  XX.\.,  r.  4). 
If  the  plaintitT  do<_-s  not  arcept  tin;  sum  paid  into  Court 
but  goes  on  with  his  action  anil  then  fails  to  recover  more 
than  the  amount  paid  in,  the  general  rule  is  that  the 
plaintiff  will  be  entitled  to  the  costs  of  the  action  up  to  the 
time  of  the  payment  into  Court,  and  the  defendant  will  be 
entitled  to  the  costs  after  that  time  (Bnc/don  v.  IIi[/;js,  4 
E.x.  1).  174  ;  40  L.  J.  E\.  7 •"»•') ;  27  W.  K.  .SM3  ;  in'cttou  v. 


104        COSTS  OF  AN  ACTIOK  GENERALLY. 

MecM,  7  C'li.  I).  H^i!* ;  26  W.  11.  Jin?  ;  3H  L.  T.  :.<•(;,.  In 
Lan;/ri'l'j€  v.  Cn„ntUll,  2  Ex.  1>.  2.S1  ;  4l5  L.  J.  Ex.  277  ; 
25  \V.  U.  :J'»1  ;  'Ml  L.  T.  04,  however,  where  the  pl.iintift"  in 
the  event  recovered  nothing  l>eyon<l  the  amount  |>;iid  into 
Court,  it  was  held  tliat  the  defindaut  was  entitled  tu  the 
co.sts  of  the  suit  from  the  comuunrt'inont.  If  the  plaintitT 
fails  to  give  notice  to  the  defendant  that  lie  accept.s  the 
amount  paid  in  within  four  days,  as  ro<iuirt'd  hy  R  S.  C 
Ord.  XXX.,  r.  4,  ho  lo8C«  his  aUsolutc  right  to  casts,  but  ho 
may  still  apply  for  them  tinder  Onl.  \s\ .  (fhtaves  v- 
Fleming,  4  Q.  13.  D.  226 ;  4S  L  J.  g.  B.  X\h ;  27  W.  R. 
4.')S).  "The  true  con.strucli«»n  of  Onl.  XXX.,  r.  4  ami 
Ord.  LV.  i.i  that  Ord.  XXX.,  r.  4  is  suhject  to  Onl.  LV., 
and  the  effect  of  the  two  rules  is  that  in  cases  falling 
within  Ord.  XXX.,  r.  4,  the  plaintitT  is  cntitltHl  to  his  c«»sts 
unless  there  are  »4jmo  huthcicnt  reasons  for  depriving  him 
of  them  ;  but  if  there  are  he  can  be  so  deprived  "  {limad- 
hurd  V.  WUUy,  W.  N.  (1H7G),  21.  Lindley,  J.,  at 
("handK-rs). 
Omun.l  of  WhtiMvcr  a  defendant  allrgcs  any  grouml  of  defence 
ariwn  after  whicli  has  afiseu  after  the  commenccntcnt  of  the  action 
action         t|,^>  ijlaintilT  mav  dtdiver  a  conffs^sion  of  .such  dcfonct*  and 

brouclil.  ...  ,.'     1  •  1        •  r     I        I-  L 

Sign  juilgUKUt  for  his  costs  up  to  the  timeot  pleaiUng  such 
dt  fence  unless  the  Court  or  a  judge  shall,  either  before  or 
after  the  delivery  of  such  confession  otherwise  order  (K.  S, 
('.  Ord.  XX  .  r.  a);  see  Chain plon  v.  Funnhy,  7  Ch.  I). 
WIW  ;  47  L.  J.  Ch.  31).')  ;  2G  W.  K.  :VM,  where  it  was  held 
that  a  plea  of  adjudication  in  bankniptcy  four  months 
alter  the  date  of  the  service  of  the  writ  is  a  "  ground  of 
defence  which  has  ari.sen  after  the  commencement  of  the 
notion."  This  rule  seems  to  be  the  same  in  effect  as  r.  22 
of  Trinity  Term,  1^33  (Foattv  v.  Gamgee,  1  Q.  B.  D.  GGG  ; 
24  W.  R.  liliK  where  the  defendant  pleaded  pleas  in  bar 
and  then  pleaded  in  addition  the  bankruptcy  of  the 
plaintiff  after  action  brought,  and  the  plaintiff  confessed 
the  plea  and  was  held  entitled  to  judgment  for  his  costs  up 
to  the  time  .'fstioh  pleading). 


COSTS   OF   THE    ACTION.  105 

In  an  action  for  rent,  and  for  damages  for  breaoli  of  cove- 
nant in  not  building  a  wall,  the  defendant  paid  money  into 
Court  to  satisfy  the  claim  for  rent,  pleaded  performance  of 
the  covenant  by  building  the  wall  after  action  brought  and 
paid  £1  into  Court  in  respect  of  the  breach  before  action  ; 
it  was  held,  that  the  plaintit!",  Avho  took  the  money  out  of 
Court  and  confessed  the  "  defence  "  as  to  the  wall,  was  not 
entitled  to  costs  under  this  rule,  on  the  ground  that  the 
allegations  did  not  amount  to  a  "  defence,"  but  that  he 
was  entitled  to  the  costs  of  the  action  under  Ord.  LV.,  or 
under  15  it  10  Vict.  c.  'A,  s.  4  {^Callander  v.  Jlinvkins,  2 
C.  P.  D.  592  ;  20  W.  R.  212). 

In  like  manner  an  oifer  before  action  from  the  defen-  Offer  itefoie 
dantof  all  the  relief  which  the  plaintiti'  ultimately  obtains  b'ronght. 
by  the  action  will  be  a  reason  for  depriving  him  of  the 
whole  costs  of  it  {MUlington  v.  Fou\  ii  My.  &  Cr,  352  ; 
Williams  v.  Tliomus,  2  Dr.  &  Sm.  29,  37;  Bv.vrdl  v. 
Delcvante,  10  W.  II.  302  ;  .S  Jur.  N.  S.  205  ;  31  L.  J.  Ch. 
365  ;  Eemnant  v.  Hood,  27  Beav.  74,  iS2  ;  Ilarmer  v. 
Prlesth)/,  10  Bt-'av.  509);  or  on  the  other  hand,  if  the 
plaintift'  before  taking  proceedings  substantially  t)fters  the 
terms  which  the  Court  imposes  upon  him,  it  will  be  a 
reason  for  giving  him  the  costs  of  the  suit  {Xe^hitt  v. 
Ben-idfje,  1  N.  11.  345  ;  11  W.  R.  446,  overruled  on  the 
merits,  3  N.  R.  53).  But  the  defendant's  offer  must  be 
unconditional  ;  ;iiid  therefore,  in  Widier  v.  Pidey,  1  Russ. 
375,  which  was  a  suit  by  the  trustees  of  a  settled 
legacy  for  j)ayment  of  it,  the  costs  were  ordereil  to  be 
paid  by  the  executor,  because  he  hail  rjualified  his  otTer  for 
payment  of  the  legacy  by  insisting  that  it  should  be  in- 
vested in  .such  security  as  he  should  approve.  In  Edcfstcii 
V.  Edelden,  1  Do  0.  J.  A:  S.  185  ;  9  Jur.  N.  S.  479,  Lord 
Westbury,  C,  said  that  he  could  not  take  notice  of  negotia- 
tions antecedent  to  the  suit,  .save  in  ea.scs  of  bad  faith,  or 
where  the  negotiations  had  amounted  to  a  biiuling  release 
of  the  cause  of  suit ;  and  that  the  defendants  in  that  case 
(who    had    substantially   acceded    to    the   terms    otTercd 


lOO  rt-M.s    vi    AN'    ACTION   GENEKALLY. 

I>y  the  plaintiff  before  suit),  having  rcsisteU  the  plaintifTs 
claim  an<l  taken  the  chnncc  of  obtaining  a  lunctit  by  the 
hiiit,  must  l>ear  the  costs  of  it  ;  niul  see  Mt  Aiidrcw  v. 
Jidssetf,  4  N.  Jl.  \-2.  On  the  other  hand,  see  Williams  v. 
ThoinUM,  2  Dr.  .^  Sni.  21>,  :^7. 
Whcro  There  is  no  rule  moregeneral  than  that,  where  a  plaintitf 

fniu«l  IS       (lainis  on  the  crountl  of  fraud,  the  juilKment  or  dismissal 

cbarge<l  '^  j       r» 

shall  be  witii  costs  {ikoti  v.  Dunbtir,  1  M<»II.  442;  ^ew 
Jinnntwich,  iW.  Co.  v.  Cout/braif,  9  H.  L.  C  71 1  ;  hnigley 
V.  Finhtr,  ;»  Heav.  JK> ;  W,M  v.  Jimrn,  \  Sim.  N.  S.  205  ; 
t^t raker  v.  Ewing,  V.\  W.  II.  2.sri ;  GvilU  v.  />i7/o»,  W.  N 
(lS7(i).  (>n  ;  Ship  V.  ('li^dill,  H»  F>|.  h7)  ;  and  see  the 
cases  collected  in  lieameP,  104,  nn.(  12)  (14).  Kven  if  the 
jtlaintiflf  succeeds  in  obtaining  the  relief  prayed  for  and 
has  the  coftts  of  the  suit  generally,  but  faiU  to  establish 
the  allegati«<nt<  of  fraud,  he  must  pay  the  c«j«t«  occaiiioned 
bv  such  allegations  Uing  intr«Kluce<l  {lilrftf  v.  liiuvn,  10 
W.  It.  509  ;  H  Jur.  N.  S.  (;o2  ,  JoutM  v.  Hickett*,  K)  W  K 
.'>7<) ;  and  see  Climli  v.  Fiunnciol  ('  '■•nt,  .'>  E<|.  4.')U  ; 

Loiulou  Jidtil:  of  Aimtitilitt  v.  Li  4..,  .  .  ,  L  U.  4  P.  C 
572  ;  21  W.  It  Mil;  29  L.  T.  IHO  ;  TaUfr  v.  Cunnimjham, 
2i  W.  11  l'>;i,  Thonmm  v.  i,W/Mwt/,  2  A  pp.  C'as.  215); 
or,  lor  tiie  sake  of  simplicity,  no  costs  will  be  given  to 
either  side,  where,  but  for  the  allegations  of  fraud,  the 
jdaintitY  would  have  been  entitled  to  the  co.st«  (Cullinf/- 
I'ortli  V.  Uoyil,  2  R-av.  3H.'> ;  Rnvliux  v.  Wickham.d 
\V.  II.  ')(I9);  and  j»ee  f\irther  on  the  subject  uf  the  appor- 
tionment of  co.sts  iufixi.  But  in  SUtuilaml  v.  Willnd,  :i 
Mac.  &  G.  (J(»4,  where  charges  of  fraud  in  the  bill  were 
neither  supported  nor  repelled  by  evidence  on  either  t-iile, 
the  costs  were  not  thereby  affected,  as  it  did  not  ap|Har 
that  anv  costs  were  specially  occasioned  by  such  charges. 
Ill  /''//'  r  V.  Ft/h'i',  3  I^av.  •').'>0,  however,  a  bill  contain- 
ing unproven  charges  of  fraud  against  solicitors  was  dis- 
mi.<sed  without  co.-^ts,  because,  by  mi.xing  up  their  personal 
interests  in  the  tran.«yictions  in  question,  the  defendants 
)iad  rendered  au  invct^tigation  not  unreasonable  ;  and  in 


COSTS   OF  THE   ACTION.  107 

De  Montmorency  v.  DevcrexLv,  7  CI.  .;-  F.  188,  a  bill  to 
set  aside  a  gift  to  a  solicitor  was  dismissed  on  the  ground 
of  confirmation,  but  ^Yitllout  costs;  and  sec  Lord  Clanri- 
carde  v.  Hen  nimj,  30  Beav.  175.  In  Parker  v.  MvKcn  na 
10  Ch.  96  ;  44  L.  J.  Ch.  425  ;  23  AV.  R.  271  ;  31  L.  T.  739,' 
the  plaintitf  setup  a  case  which  entitled  him  to  relief  and 
also  a  separate  case  of  fraud;  .so  much  of  his  bill  a.s  was 
founded  on  the  ca.se  of  fraud  was  dismissed  with  costs  and 
he  got  no  costs  of  the  rest  of  the  suit.  See  also  (rnty  v. 
Lewis,  Parker  v.  Lewis,  8  Ch.  1035  ;  21  W  R  oo-) .  on 
L.  T.  12.  >  .     .  .-o,  .J 

Inlike  manner  charges  of  fraud  made   by  defendants 
will,  It  unsubstantiated,  be  visited  with  costs,  even  thou-h 
the  defendants  get  the  costs  of  the  action  generally  see 
^yraJht  V.  Ilotvard,  1  S.  &  S.  190,  205,  where  the  defence 
wa-s  by  answer  and  cross  bill;    Warrln  v.  Thonuu^,  2  W  R 
442;  Plcdr^e   v.    Bu,<^s,  Johns.   GiV.l      Where  a 'i.laintitV 
succeeds  m  a  suit  on  the  ground  of  fraud,  he  will  be  entitled 
to  all  the  costs  occa^sioued  by  it,  ami  therefore,  in  /Stanleu 
V.  Bond,  G  Beav.  423,  a  bill  f.>r  the  delivery  up  of  securi- 
ties  fraudulently  obtained  being  taken  pro  confcs.o,  the 
plamtitl  was  held  entitled  to  the  costs  of  an  action  at  law 
commenced  on  the  securities,  though  not  specifically  inaved 
for  by  the  bill.  -^  x     . 

Misconduct  or  harsh  or  vexatious  conduct  of  anv  Dartv  m        ,    * 
cithoi  befoie  suit  or  m  the  prosecution  of  it,  is  a  reason  for  '°  i''-"tiff 
depriving  him  of  costs,  in  cases  where  he  might  otherwise  Lit. 
be  entitled  to  them  (//(o-(/^  v.  AV/r/>/.'y,  \V.  N  (1877) 
199;    Tnrquaml   v.    Marshall,    4   Ch.    3,S7  •     Vicker^  v 
Vickers,^Y.^.  537;  Lnces  v.  Gibson,  1  Eq.  U'.y-  though 
It  IS  perhaps  too  much  to  speak  of  costs  in  the  laiTrrua-e  of'*^  H'^  ^  ^V'A  ^'^ 
L.  C.  Hart  (^1  rmstron>j  v.  Mdr,  1  Moll.  178)  as  "  the  tlsti     ^^  ^^  ^'  ^^  ^ 
monial  of  good  conduct    which    the    Court  dispenses   in 
awarding  co.st.s."     If  the  plaintitl' has  been  guilty  of  delay  L,chc. 
or  laches  in  taking  proceedings  he  will  not  get  his  costs 
although  he  succeeds  in  obtaining  relief  (Lee  v.  Bro^vn,  4 
\cs.   .J02;   learce   v.  Xewlyn,   3  Mud.   m-Attornci,^ 


h)i^  COSTS   OF   AS   ACTIOX   OB>:Eh.M.I.V. 

General  v.  Kastlakv-,  2  Ea[.  Kep.  14')  ;  Lord  v.  Loni,  3  Jur. 
N.  S.  4S.'))  ;  and  if  tli«ro  liad  Ik.'Cii  proceedings  at  law 
under  the  former  prartice  as  well  as  in  cqiiity  the  Court 
although  it  allowed  a  successful  plaintiff  his  cost«  nt  law 
woidd  refuse  him  those  in  (Hjuity  on  account  of  his  laches 
(A  mm.,  2  Atk.  14) ;  and  see  the  other  cases  cited  antr,  p. 
!U).  H*}  delay  in  prosecuting  the  suit  will  liC  a  ground 
for  refusal  of  costs  (ArcUpoid  v.  Sculhf.  9  H.  L.  C.  360. 
377 ;  Ca,ie  v.  Allt-u.  2  Dow,  2S0.  2*»0)  ;  an.l  see  Purcrll  v. 
BlrtiUcrfuiH^tt.'A  Jo.  &  I^'il.  24.  wlnre  the  original  bill  wa« 
filed  in  1S2H  and  the  then  plaintiff  having  died,  oiiil  a  hill 
of  revivor  not  having  Ikh-u  fiU«l  till  1S43,  L.  ('.  Sugdrn 
gave  c<»sL»  only  from  thr  filing  of  the  hill  of  revivor.  Hut 
in  suit«  U'tweon  menil>cni  of  one  family,  which  wouM 
naturally  not  be  institutetl  without  much  conAidcrat ion,  the 
Courl  will  nut  attach   i  urv  to  the  circumstance  of 

some  time  having  ilaj'  ru  the  claim  in  made  ;  see 

theobservationsof  Sir  J.  Komilly.M.  R  in  /^iirrv.  Firldrr, 
1  N.  K.  IHS.  His  Honour  wo-h  tlu-re speaking  of  laches  as 
a  bar,  but  as  he  gave  the  cost«  tu  the  plaintifT  in  that  case, 

PiMiuawil  '''•'*  '"^■'"•'fl*'*  '^Pl'b'  ***  ^^^*"  *^  *''*^  subject  of  cost*.  In  liko 
without  manner  the  action  will  be  dismissetl  without  costn,  if  the 
defence  is  suoces^ful,  but  tlu*  ib-frndant's  conduct  has  not 
met  with  tin-  Court's  approval  {Lritthrr  I'luth  Co.  v. 
American  Lmiher  Cloth  Co.,  3  N.  R.  264;  Fitld  v. 
Chuivhill,  4  Jur.  731)  ;  Cloves  v.  litck;  2  Dc  G.  M.  A  O. 
731  ;  Pi((-<  v  K'(n']''hr'id'j«  HiijIaLMy  Ikmnl,  II)  W.  R. 
^M  ;  'J'>  L.  T.  i:>'>  ;  h'-frourt  v.  Kutcuurt  Hop  Knaence  Co., 
JO  Ch.  27i;  ;  44  I.  .1.  Ch.  223  ,  23  ^V.  R  313;  31  L.  T. 
.')G7,  where  both  parties  were  manufacturers  of  substances 
intended  to  deceive  the  public  ;  (nttif  v.  Lewix,  H  Ch. 
103');  Jl  W  11.  i>23;  2i»  I-  T  12;  liyam  v.  Clarkf, 
W.  N.  (l^TG  ,  (IS).  Dr  if  the  defendant  by  his  harsh  or 
vexatious  coniluct  ha«  rendered  the  suit  unavoiilable,  he 
will  have  to  pay  the  costs  of  it,  though  there  is  a  <|ueiition 
to  bo  tried  {Lillif  v.  Lrgh,  3  Dc  CJ.  iV  J.  204) ;  and  sec 
Lvrd  Cran^toirn  v.  Johni<vn,  5  Vcs  277.     The  s;inie  priu- 


cott*. 


COSTS   OF  THE  ACTION.  109 

ciple  was  applied  by  L.  C.  Sugtlen  in  Wisr  v.  Wise,  '2  Jo. 
&  Lat.  40:i,  wlieic  a  person's  negligence  in  settling  an 
estate  without  notice  of  a  prior  incumbrance  rendered  a 
suit  to  enforce  it  necessary.  And  generally,  where  costs 
are  occasioned  by  the  conduct  of  either  party,  that  party 
must  bear  th»^m  ;  and  where,  by  the  misconduct  of  both 
parties,  neither  party  has  costs:  (/"'/•  V.  C.  Kindersloy, 
Parry.  Lovegrove,  4  Jur.  N.  S.  GOO,  ()0.">) ;  and  see  WaUis 
V.  Bastard,  17  Jur.  1107;  Bloomer  v.  Sinttlr,  LS  E(].  427. 
Where  the  plaintit^'s  carelessness  had  been  such  that  he 
would  according  to  the  general  rule  have  lost  his  costs,  he 
was  nevertheless  held  entitled  to  them  on  the  ground  of 
his  having  made  a  fair  offer  to  the  defendant  the  refusal 
of  which  led  to  the  litigation  (Torrance  v.  Bolton,  14  Eq. 
124;  affd.  8  Ch.  1  iS). 

Wiiere  the  j)laintiti'  is  himself  /tarticei^s  crimiai.'i,  and  Wliorc  tho 
seeks  to  set  aside  a  security  or  transaction  on  the  ground  li,j'"/,.LJ* 
of  public  policy,  the  decree  will  sometimes  be  without  costs  <*'■'''"'"'»• 
(Debenham  v.  Oj',  1  Ves.  27t» ;  Monjun  v.  Bruen,  LI.  \  G. 
temp.  Sugd.  1<S0  ;  hni^QQ  contra,  Jack  nut  n  v.  Mitchell,  13 
Ves.  .')81  ;  Woml  v.  Barker,  1  Eq.  l.'i!);  11  Jur.  N.  8.  JH).')). 

In  many  of  the  older  c;vses,  the  bill  was  dismissed  or  Where  it 
decree  made  without  costs,  becajise  the  Court,  although  it  ^.^ .' 
decided  in  favour  of  one  party,  thought  it  a  hard  case 
upon  tho  other  party  {Shalenv.  Barrington,  I  !'.  W  4Sl  ; 
Coppin  V.  C'oppin,  2  P.  W.  2!)1  ;  Forben  v.  Tai/li>r,  1  Ves. 
Junr.  09  ;  BroJic  v.  aS7.  Paul,  1  Ves.  Junr.  320;  Mosely 
V.  Virgin,  3  Ves.  184;  Dickenson  v.  Lockyer,  4  Ves.  30; 
Everett  v.  Backhouse,  10  Ves,  94).  But  now  that  the 
principles  f>f  e<|uity  are  more  settled,  and  in  the  present 
inclination  of  the  Court  to  n»ake  the  costs  follow  the 
result,  it  would  seem  that  less  weight  would  be  attached 
to  such  a  consi<leration  ;  still,  in  a  case  of  extreme  hardship, 
it  is  not  to  be  entirely  overlooked  ;  per  Jessel  M.  R.  in 
Broder\.  Saillanl,  2  Ch.  D.  p.  099;  24  W.  R.  1011  ; 
and  nee  Ex  jMirte  Waiiwil</hf,  19Cli.  ]).  \>.  l.")2.  Where,  or  tlie 
however,    tlic    point    of   law    involvcil    in    the    case    is    a  {aw'is^new 


110  COSTS   OF  AS   AfTI«»S   f;KNKl:.M.LV. 

new  one,  llie  C'<»urt  will  not  in  yencnil  sisit  the  unsuccessful 
party  witli  cost,s  in  the  absence  of  any  misconduct  on  his 
part,  especially  if  the  case  is  a  liani  one  ujvm  him  ;  see  ex. 
f/r.  Ji>h  V.  BanniMer,  2  K.  &  J.  .{71.  An«l  if  the  suit  is 
instituted  on  the  authority  of  a  oa&c  which  is  overrulctl 
•luring  the  pro^jresH  of  the  suit,  it  is  thec«»ursi'  of  the  Court 
to  dismiss  it  without  costs  {li*thiniton  v.  RoHiter,  1  Y.  A  C. 
C.  C.  7  ;  Lancasliire  Wdhvay  Co.  v.  Evinut.  1 4  IJeav.  529  ; 
^nWm  Ifftrf>ou)'Co.  v.  // '  '  1  De  (1   M.  »V  (J.  167). 

(hi  the  other  hand,  tlio  cit<  -of  a  previous  decision 

on  exactly  the  same  point  is  a  strong  reason  for  giving  the 
8ucces.»fid  party  his  r  <»■  v.    Wi/kfi,  'A   Mer.  4'>(J  ; 

Attorney-Ctcixend  v.  A. ,. .  11  W.  K.  11M>;  FuneU  v. 

aUemn,  11  CI.  tV  F.  702  ;  Has>*eU  v.  Dickmm,  4  H.  L.  C. 
2JKJ). 
The  pcmon       It   is  ;ils<i  a  gimr.il   principle  that    tln>  p.nrtv   who   is 

who  ^vXm  ,.  ,.  .,  .,,  '  . 

thi'  Iwncfii  '  easetl  liy  tlie  institutiou  of  tfie  siiit,   or  has  the  exclusive 
of  the  •ml  iKinefit  of  it,  should   ivay  the  costs  of  it;  and,  therefore, 

HhouM  ...  .  .  . 

Uaf  the      the  plainlitT  in  a  .stiit  under  the  limiti-d  liability  clauses  of 
co»u  o  ii.   ^1^^,  Merchant  Shipping  Act.s  was  required  to  |>ay  the  costs 
of  all  the  defendants,  l»oth  at  law  and  in  equity  {African 
Steam  Ship  Co.  v.  Sv\inz>/.  2  K,  A:  J.  G60 ;  and  see  London 
tf-  South- Wtstern  linilvMiy  Co.  v.  James,  8  Ch.  241).     So 
whore  a  plaint itT  suctl    in  respect   of  a   lost    bill    of  ex- 
change, he  pjiid  the   costs   at    least    up   to    the   hearing 
(}f<ti^ninei/  v.  (iriihitm,  2  U.  i*^"  M.  .*l.'».'J)  ;  but  not  the  muI>- 
se(pient  costs,  if  the  imleninity  otTcrid  by  him  were  found  to 
be  sufficient  {ibid.) ;  and  in  a  suit  for  contribution  amongst 
co-sureties   each    jxirty    |>aid    his   own    costs   (Jlitchman 
V.  Stewart,  3  Drew.  271).     I'ponthis  principle  the  co.sts  of 
redemption  actions  are  di.»5|x>seil  of,  and  the  cases  will  be 
more   conveniently  discussed    in    the    following   chapter, 
where  the  cost.s  of  actions  for  redemption  are  treated  of. 
Wlioro  the       If  the  plaintiff  raises  his  case  in    such  a  fonn  as   to 
iKvasions     occasion   unnecessary  expense,  that  circumstance  is  taken 
umieccs-      Jj^^q  consideration  with  reference  to  costs,  either  by  di.s- 
expensc  l>y  allowing  the  plaiutitT  the  cxtm  costs  cKcaxiuncd   by  his 


COSTS   OF   THE   ACTION.  Ill 

mode  of  pleading,  or  giving  him  no  costs  at  all.  In  his  mode 
Bensusan  v.  Xehernias,  4  Do  G.  tt  S.  8JS1,  two  -"^^lits  ^jjg'^^^J^"^ 
having  been  instituted  where,  in  the  opinion  of  the  Court, 
all  the  objects  might  have  been  comprised  in  one  suit,  the 
Court  allowed  costs  only  as  of  one  suit  ;  so  where  the  plain- 
titT  proceeded  by  supplemental  bill  instead  of  by  petition 
{Davies  v.  WilliamSy  1  Sim.  5)  ;  and  see  Bezant  v.  Wood, 
12  Ch.  D.  GOo  ;  The  Pasithea,  W.  N.  (ISTO),  112  ;  Btiker 
V.  Wood,  W.  N.  (1881),  7.  Where  a  bill  was  filed  for  the 
appointment  of  new  trustees  in  a  case  which  came  within 
the  Trustee  Act,  the  plaintiff  was  ordered  to  pay  all  the 
costs  (Thomas  v.  Wxlker,  18  Beav.  o21);  but  in  Wells  v. 
Malbon,  10  AV.  R.  :JU4  ;  8  Jur.  N.  S.  240  ;  :J1  L.  J.  Ch.  344, 
trustees  who  ha<l  filed  a  bill  instciul  of  paying  an  ascer- 
tained sum  claimed  by  opposite  parties  into  Court  under 
the  Trustee  Relief  Act,  were  disallowed  only  the  e.xtra 
costs  occiLsioned  by  their  loing  .so.  Again,  in  Aitorncy- 
General  v.  Holland,  2  V.  \-  C.  08.S,  no  costs  up  to  the 
hearing  were  given  to  the  relators  in  a  charity  information, 
the  object  of  which  might  have  been  attained  by  a  petition 
under  Sir  S.  Romilly's  Act ;  and  see  AtUtruey-Ge neral  v. 
Bevi'ii,  11  Jur.  114.  In  like  manner,  a  bill  by  an  unsuc- 
cessful plaintiff'  wivs  dismissed  without  costs  because  the 
defendants,  by  not  .serving  Iiim  with  a  petition,  had  forced 
him  to  file  a  bill  {Crause  v.  Cooper,  1  J,  <*^  If.  207).  On 
the  same  jirinciple  allegations  in  a  bill  which  j)reventeil 
the  case  being  decided  on  demurrer,  and  were  unsupported 
by  the  evidence,  were  considered  to  be  ground  for  dismiss- 
ing the  bill  with  costs  (Lind  v.  Isle  of  Wight  Fcvvy  Co., 
1  N.  R.  13).  On  the  other  hand  a  defendant  ought  as  a 
general  rule  to  make  his  defence  in  the  least  expensive 
form  ;  and  it  was  formerly  the  practice  to  dismi.ss  the  bill 
without  costs  if  the  defendant  did  not  demur  when  he 
might  have  done  so  {Wehl)  v.  Kiifjhind,  29  Beav.  44; 
Ernest  v.  Weiss,  1  N.  R.  189).  In  Godfrey  v.  Tudcer,  8 
N.  R.  20  ;  33  Beav.  280,  Sir  J.  Romilly,  iM.  R.  refused  the 
defendant  his  extra  costs  only,  and  allowed  him  the  costs 


112 


COSTS   OK   AS    ACTIOS   GBSEIIALLY. 


Coiicof 
unnoooa* 
M17  pro. 
covdingn. 


riinccex- 

Mrjr 

I'laintiffn. 


iwrr 

KlMt«iiitnl 
of  cUiin. 

IlcfuKil  to 
a<liuit 
nllo^tiuiui 
ol  fact. 


Refusal  to 

ntiinit 

di>cunicnt.< 


as  of  a  «]<;nunri.r.  But  tlic  jiractitc  in  tlii.s  rcsjKtt  is  now 
altered  ami  the  action  will  ])c  clisraissecl  with  costs  although 
the  (lefeijtlant  mi^'ht  have  ilemiirretl  {Ihtnh  v.  Truvbr'uigt 
Co.,  10  Ch.  4.')!);  2.}  W.  K.  \A\  ■  :V,]  L.  T.  i:{7  ;  J'emxe  v. 
WattM,  20  y^i  41»2;  44  L.  J.  Cli.  4!»2 ;  2A  W.  R  771)  ; 
hut  we  ///  ,r  Stuiti-  (iiiiicr  I.imitfil,  42  L  •!.  Ch,  374, 
and  //»  re  Strain  Slokrrf'n.,2li\V.  K.  .'»4.'»,  where  the  cosU 
of  evidi'ucc  toripjxw<«'adeiiium»hIe  petition  were«li«»alloweti. 
A  defendant  is  not  justified  in  not  demurring  en  tho 
ground  that  tho  statement  of  clhim  containi  chnrgeg  of 
fraud  ;  see  anU,  p.  SM. 

The  C011I.H  of  unnecessary  pi  ist 

ax  a  general  nde  be  paid  by  ti     ,  .hhI 

them  {Pamifli  v.  llurfrtj,  2  LVjII.  241) ;  as  the  ai«tj»  of 
making  an  infant  defendant  infiteatl  of  plaintiff  in  a  lega- 
teeV  Kuit  (IfiHikiiuj  v.  yicholU,  1  Y.  i  C  t'.  C.  47«)  ;  or  of 
a  UHelejw  intpiiry  (  HV/l^>^^rr  v.  Chaftman,  I  Coll.  181)  ;  or 
of  unnecessary  evidence  {AmUlry  wlloru,  26  Bcav.  195  ; 
J'.ri^tHiil,  Ai.,    Sinlttt,  V.    (;  "  W.    N.   (IHH2),  4). 

liy    li  S.  C  Urd.  XVI..  r.  1,  a  mt.   though   unsuc- 

ceHhful,  will  Ih?  entitlcil  to  his  costs  occasioned  by  joining 
as  plaintitVM  any  jhtkou  or  pt»r8»»nM  who  are  not  found  en- 
titled to  nlirf,  unless,  the  Court  otherwise  directs.  And 
if  a  plaintitT  delivers  a  statement  of  claim  unnecessarily, 
the  Court  may  make  such  onler  as  to  the  costs  occasioned 
thereby  a.s  shall  seem  just  (\l  S.  C.  Ord.  XXI.,  r.  Ic.) 

liy  R  S.  C.  Crd.  XX 11..  r.  4,  where  the  Court  or  a 
judge  shall  be  of  opinion  that  any  allegations  of  fact 
ilonied  or  nut  admitted  by  the  defence  ought  to  have  been 
admitted,  the  Court  may  make  such  onler  as  shall  be  just 
with  resjvct  to  any  extra  cost.s  occasionetl  by  their  having 
been  denied  or  not  admitted.  And  by  R  S.  C.  Ord. 
XXXII..  r.  2,  either  party  may  call  upm  the  other  party  to 
admit  any  document,  saving  all  jtjst  exceptions,  and  in 
case  of  refusal  or  neglect  to  admit  after  such  notice,  the 
costs  of  proving  any  such  tlocument  shall  l>e  paid  by  the 
party  so  neglecting  or  refusing,  whatever  the  result  of  the 


COSTS   OF   THE   ACTION.  llB 

action  may  be,  unless  at  the  lieariug  or  trial  the  Court 
certify  that  the  refusal  to  admit  was  reasonable  ;  and  no 
costs  of  proving  any  document  shall  be  allowed  unless 
such  notice  be  given,  except  where  the  omission  to  give 
the  notice  is  in  the  opinion  of  the  taxing  officer  a  saving 
of  expense.  As  to  the  costs  of  improper  matter,  and  affi- 
davits, &:c.,  of  unnecessary  length,  see  R.  S.  C.  (Costs) 
Sched.  r.  1«,  ante,  p.  89. 

It  seems  that,  notwithstanding  the  opinion  expressed  The  costs 
by  V.  C.  Wigram  in  Mouuftey  v.  Barnham,  1  Ha.  2'2,  the  ||i^„'j|^Jpj 
Court  will  in  some  cases,  at  the  hearing,  order  the  i)laiu- 1'>  anicna- 
titi  to  pay  the  costs  occasioned  by  allegations  struck  out  i,e  oi.uin'oJ 
by   amendment    {Stewart    v.    Steirart,    22    Beav.    :i93  ; -'^  »''.^' 

•  >.      —  71.  hearing, 

Leather  Clnfh  ('ompany  v.  Bresse)/,  .3  Uitt.  4/4  ;  r  inch  v.  stmUf. 
We8t}'0i>e,  12  E<i.  24).  But  a  defendant  is  not  justi- 
fied in  entering  into  evidence  with  regard  to  charges 
against  him  struck  out  by  amendment,  and  will  bo  liable 
for  the  costs  of  such  evidence  lieing  taken  {Ste^vart  v. 
Stewart). 

However,  the  nile,  by  whiili    the   Court  visits  the  costs  A  i>arty 
ot   unnecessary  proceedings  upon  tlie  party  wlio  lias  occa-  i^se  his 
sioncd    them,  is  not  carried  to  tin-    extent  of   denrivinir  1^"^*'' 
a  successful   ])laintit^"  or  <lefendant  «tf  his  costs,   because  t ho  Coui-t 
the  decision  of  the  (  ourt  goes   upon   a  part  only  of  the  l,',^^,'^  ^nw 
case  or  defence  put  forward.     "Although  the  plaintiff 's  of  the 
case  might  have   been  much  narrowed,  yet  we  must  re-  |^,u7' ' 
member  that  it  is  often  impo.ssible  for  a  plaintift'to  know  i"r«arJ. 
what  will  be  the  particular  views  or  facts  which  will  most 
influence  the  opinion  of  the  Court"   (/ler  L.  J.   Knight 
Bruce,   Perry  v.  SJiipvay,   4  De  CJ.  &  J.  3.*>.'{).     And  in 
Wheatley  v.  Bastuw,  S  W.   R.  21)0;   11»  Jur.  222,  though 
the  relief  was  given   on  a  dift'erent  eipiity  from  that  on 
which   it  wa.s  sought,  yet   the  former   being  a])pareiit  on 
the  bill  and  evidence,  V.  C.  Stuart  gave   the  plaintiflf  his 
costs.     In  like  manner,  where  the  defeiulant  takes  several 
grounds  of  defence,  some   of  which   only   arc   valiij,   that 
circumstance  will   not   in    general  avail  the    piaintiti"  in 

X 


1  1  1  CASTS    OK    AN    ACTluK    GENERALLY. 

c<»t.s  (CloiLLd  V.  lii.ck,  li  Dc  n.  M.  &  fl.  T.'H  I ;  but  fttruw 
where  tlic  ilefenilant  vexatiuu.sly  raises  an  issue  of  fact 
which  fails  on  the  evidence  (ibid.) ;  see  Jones  v.  Furreil, 
1  Do  0.  .V;  J.  2(KS;  ir//y</  V.  IfunarJ,  1  S.  A:  S.  205  ; 
Hover  V.  Cooper,  2  Ha.  40,^  ;  Pledge  v.  /f(/«!i,  Johns. 
<".().'{.  And  a  plaintiff  cannot,  by  raising;  n  minor  ami 
qtiitc  suhsidiary  |M>int,  relieve  himself  of  the  costs  of  tlie 
.suit  if  h(>  fails  on  th*-  main  and  sul>stantial  ({lU'.wtion 
(Ii<ihhi)f„  V.  JoltiXMut,  Hcaniis,  app.  S  ;  J'rme  v.  Smlr,  .*J 
Jiir  N  S  711  .  Mayor  of  SouUi  Motion  v.  Attorney- 
Ciincral,  .')  II.  L.  (.'.  1».  If  the  plaintiff  drmand.n  a  little 
more  than  he  is  entitlotl  |o,  and  the  defcnilant  resisUt  the 
demand  in  toto,  he  will  generally  have  to  pay  the  costs  up 
to  the  hearing  {Jeff ryes  v.  -I^i-rt  «{•  Mnsiennana  tUink,  "i 
Ya\.  GSl.  i^r  WcmkI,  V.  ('.).  Where  th.-  plaintiffs  failed  to 
a  con.sidcrahlo  ixt^nt  in  their  case,  tlu-y  got  no  costji, 
although  judgment  was  given  in  ihi'ir  favour  {Xalional 
Iimuiiiiu-i  Cti.  y.  Pntde)ttiuf  Assurauce  Co.,  it  Ch.  D. 
757;  4(J  L.  J.  C\i.  S71  ;  2<i  NV.  U.  2G ;  'M  L.  T.  JU  ;  ami 
see  Kt\ins  v.  Diivis,  10  Cli.  1>.  747;  4^  L.  J.  Ch.  223; 
'J7  W.  K.  2S.");  39  L.  T.  391,  where  the  plaintiff's 
prt>ct*itiiiij.;s  were  emliarrassing). 
Wl.cro  the  The  circumstance  that  the  institution  of  a  suit  luw  been 
botn '  suggested  l»y  the  Court  is  no  protection  to  an  unsuc- 
rivoin-         ces,sful    plaintiff  against    costs   (Scott  v.  Dunlmr,    1    Moll. 

iiiiii,|c-.|  lijr  ' 

the  Court,    442,  wlure   the   filing   of  the    bill    was   suggestetl    by  the 
Hou.se  of  Lonls)  ;  and  sec  Earl  Xelson  v.  Lord  UridpuH, 
10  lieav.  305,  where  the  suit  was  recommended  by  a  Muster 
in  the  course  of  an  earlit-r  one.     In  Attorney-deneral  v. 
Dam  A    Canons  of    ]r;/*«/A>r.  S  H.  L.  C.  3C;»,  404,  how- 
ever, an  t'x    iijph'io  information,  filed    in   conye<juence   of 
an  adiUv.^s  from  the  Hou.sc  »»f  Commons,  was  dismis-seil 
or  the         williuut  costs.      A  j\n'tiori  a  defendant  tloes  not  escajx- 
dofon.l.iiit    (,^^g(,,  In^cause   he  has  acted  on  counsel's  opinion  (Malina 
on  v.  Hill,  1  Cox,  isr>  ;  M  Queen  v.  Fartjniiar,  11  Ves.  467; 


counsol's 
Dpinioii. 

A.9  to  iLo  1''**^  costs  of  p:irticular  defendants  arc  often  disposed  of 


opm.on        iioidton  V.  Bcard,  3  Dc  C.  M.  &  C.  608) 


COSTS   OF   THE   ACTIOK.  115 

on  considerations  other  than  those  aftecting  the  costs  of  costs  of 
the  action  generally.     A  tlisclaiming  defendant,  if  brought  J^fen  "  ^^ 
to  the  hearinii,  will  be  dismissed  *  "vvith  or  without  costs,  l^'*"^- 
according  to  the  form  and  extent  of  his  disclaimer  (£'arZ  dants  dis- 
of  Cork  V.  Russell,  13  E.i.  210;  Bidgway  v.  Kijnneysle}/,'^^'^^^-^ 

2  H.  &  M.  oG'),  and  cases  cited  in   the  note  to  that  case\  stated  ia 
The  rules  of  the  Cr»urt  on  this  point  are  thus  stated  by  Sir  y'',',.j 

J.  Rorailly,  M.R.,  in  Fnr<7  v.  Lord  Chesternell,  IG  Beav.  Chr,!cr. 
51G.  First,  where  a  defendant  disclaims  in  such  a  manner" 
as  to  show  that  he  never  had  and  never  claimed  an  in- 
terest at  or  after  the  institution  of  the  suit,  then  he  is 
entitled  to  his  costs  ;  secondly,  if  a  defendant  having  an 
interest  shows  that  he  disclaimed  or  oflfered  to  disclaim 
before  the  institution  of  the  suit,  there  also  he  is  en- 
titled to  his  costs  ;  thirdly,  where  a  defendant  having  an 
interest  allows  himself  to  be  maile  a  party  to  the  suit,  and 
does  not  disclaim,  or  ot^er  to  disclaim,  l>efore  he  puts  in 
his  defence  or  disclaimer,  in  that  case  he  is  not  entitled 
to  costs.  These  rules,  which  it  seems  apply  to  a  dis- 
claiming heir-at-law  {(h'(nf  v.  Adarnson,  J^o  Beav.  383), 
were  approved  of  by  V.  C\  Wood  in  IidUnn}i  v.  Brieken- 
den,  4  K.  iV  J.  G70  ;  and  compare  the  dicta  of  V.  C. 
Wigrain  in  Tippivj  v.  Povcr,  1  Ha.  M)o,  408.  They 
may  be  illustrated  by  a  great  variety  of  cases. 

In  Ohrli/  v.  Jiukins,  1  De  G.  &  S.  .";43,  the  defendant  The  first 
omitted  to  say  that  he  never  claimed,  and  was  therefore  "^^  *^" 
dismissed  without  costs.  And  see  further  as  to  the  first 
rule,  Vide  v.  Meredith,  18  Jur.  !)92  ;  Beddoes  v.  Pufjh, 
26  Beav.  418;  Gabriel  v.  Slurgitt,  5  Ha.  97;  Earl  of 
Cork  V.  Russell,  13  K<i.  210.  In  Bella  mi/  v.  Bricken- 
den,  4  K.  l^'  J.  G70,  it  was  held    that  the   disclaimer  of  a  The  dis- 

devisee    related    back  to   the  date    at    which    the   estate ''*''"?'■  ""^ 

a  devisee. 

l)asscd  to  him,  and  was  a  disclaimer  ah  initio;  and  the 

defendant  was  consc(iucutly   held   to  be  entitled   to  his 

•  But,  it  seems,  a  decree  of  foreclosure  may  Ix;  made  against  dig- 
claiming  defendants  {Collins  v.  Shirh-tj.  1  R.  &  M.  fiSS  ;  Pcrkin  v. 
Sfnjford.  10  Sim.  502  ;  Ahhtt  v.  fJdn-ardit,  ibid.  «.  ;  Johnson  v.  Clarke, 

3  W.  R.  193). 

I  2 


1  Hi  tii-^Y-.    I  y    AN    AC"1I<«S    OKN£i;AM.V. 

costs,  even  lliougli  llie  plaintifT  lia«!  written  to  lii>  hoiici- 
tors  liefore  suit  to  kuow  whether  he  claiineti  an  iutorest, 
and  receiveil  no  answer;  and  see  Ili'ff/ius  v.  Fixudin,  \o 
Jiir.  L'77.  In  Jiuchnnan  v.  (ireenvxny,  11  Bcav.  '»8, 
however,  a  tlovisee  disclnintin^  ditl  not  ^'et  his  cost.'s. 

TIiomcadJ  \>^  to  t),L.  .second  rule  lai<i  »h)wn  in  Funl  v.  IsOi\l 
ChcMfct'jield,  8ce  Lock  v.  LoinaM,  lo  Jur.  162  ;  Thomimjn 
V.  Kemlall,  9  Sim.  3!*7  ;    Wnnl  v.  .S7.  ■  •    1  Dr.  \-  S. 

2Gi).  In  the  la-st  atsc  the  assij^nec  of  u  ...  ;;^.i^or,  having 
been  made  defendant  to  a  foreclosure  bill,  Ijufore  appear- 
ance disclaimed  by  letter,  and  oflureti  to  be  dismiHtted, 
and  ho  was  held  to  l>e  entitle<l  t«)  his  co.stJt.  But  it  is  not 
sidlicient  all(gati«'n  to  nay  that  the  defendant  was  applied 
to  Ix-fore  suit,  and  did  "not  refuse"  to  disclaim  [Ilmwiaon 
v.  Pcnncll.  4  Jur.  X.  S.  GH2  ;  0  W.  H.  71l'>  ;  or  to  wiy 
that,  if  the  plaintifT,  in  a  fon-closurc  suit,  had  appliinl  to 
the  defendants,  they  wouhl  have  releaned  the  e«|uity  o( 
riHlcniptiou  (Ci'll'nm  v.  Shirlry,  1  It  A:  M.  G.*lfi  ;  Fonl  v. 
Loi'il  I'henterjieltl,  lU  Ikav.  51(J ;  Fuitl  v.  H'/h'/i*,  1(J  lieav. 
120);  hut  see  cunti^t,  (inruey  v.  Jnckmju,  1  Sm.  &.  U. 
1'7,  a  iM-sc  which  is  irreconcilable  with  those  mentioned 
above. 

Tho  thirvJ         As  to  ihc  third  of  the  rules  .Htate<l  above,  see  Htut'us  v. 

'^"'^  JloUom,  10  Jur.    1077.  IG  Beav.  259;  Talbot  v.  Ket,i^- 

htiul,  4  K.  &  J.  9,}  ;  Duvis  v.  Whitnwir,  2H  Beav.  017. 
Persons  proix^rly  made  defendants  to  a  suit,  and  dis- 
clalMiing,  .'<liould  utTer  to  have  the  Muit  dismitMcMl  aii 
against  them  without  cost^  {Tuibot  v.  Kemdicad; 
DuvIh  v.  Wh'itiiane  ;  Clurkr  v.  Ji'iuliun,  W.  N. 
(l.SGG),  :{:>2  ;  15  L.  T.  17G)  ;  and  if  they  do  *n\  and  the 
plaintitT  continues  them  on  the  record,  and  com|>els  them 
to  put  in  a  defence,  the  course  is  to  dismiss  the  suit  as 
ajjainst  them  without  costs  up  to  the  time  of  the  offer, 
but  with  costs  subsetiuonlly  incurred  (/>.(»-/y  v.  Whii- 
viore ;  Goxving  v.  Mowhroy.  2  N.  K  :\s\  ;  1 1  W.  K. 
851  ;  Joins  V.  Rhiiid,  17  W.  H.  10!«1).  It  makes  n.»  dif- 
ference that  the  defendant   has  j<ri\  i.ni^ly  tli«;.l:iiiij.<l  bv 


COSTS    OF   THE   AfTIoy.  117 

letter  {Goivinr/  v.  Movbra}/) ;  but  tiee  Ward  v.  Shake- 
.^haft,  1  Dr.  &  Sm.  261).  In  Chnie  v.  Tolouan,  21  W.  R. 
(it) ;  42  L.  J.  Ch.  2:3 ;  27  L.  T.  oOO,  however,  iu  a  fore- 
closure suit,  the  assignee  of  the  mortgagor  disclainu  i1  and 
offered  to  be  dismissed  witiiout  costs,  but  on  the  ground 
that  he  had  not  di.sclaimcd  before  suit  he  had  to 
bear  them.  In  DiUon  v.  Ashinu,  3  N.  R.  359;  12 
W.  R.  3GG,  a  defendant  to  a  foreclosure  suit,  -who 
assigned  /)eH(?f»/(?  lite,  and  offered  to  be  dismissed 
without  co.sts  up  to  the  date  of  notice  of  the  assignment, 
received  his  subsequent  costs.  In  Earl  of  Cork  v. 
Riiftfiefl,  13  E(j.  210,  judgment  creditors  were  made  de- 
fendants to  a  foreclosure  suit,  who  after  issuing  execution 
had  assigned  away  all  their  interests  before  bill  filed,  and 
disclaimed  by  their  answer  ;  and  it  wa.s  held  that  they 
were  entitled  to  their  c<ists.  The  plaintiff  is  not  bound 
to  a.sk  the  defcndant'.s  con.'Jent  to  the  action  being  dis- 
missed against  him  without  costs,  but  it  rests  with  the 
defendant  to  offer  it  {Talbot  v.  K»'ra.'<}ua<l ;  Fcrbrr  v. 
Fiirher,  30  Beav.  .')23). 

If  a  disclaiming  defendant  also  pleads  and  appears  to 
claim  his  costs,  he  will  not  get  them  {Maxurll  v.  Wiifht- 
u'lrk,  3  E.|.  210.  15  W.  R.  30+);  and  see  Drailley  v. 
liorlasr,  7  W.  K.  I  2.'.  ;  Slij^pcr  v.  G<ni(jh,  36  L.  T.  02  ; 
Thninpfion  v.  Ifitilson,  34  Beav.  1<I7. 

Where  a  l»ill  was  Hied  for  foreclosure  against  the  mort- 
gagor and  a  second  mortgage!-,  and  the  second  mortgagee 
who  had  been  paid  off  offere<l  to  disclaim  at  the  plaintiff's 
cost,  which  offer  was  refused,  and  the  second  mortifacrec 
then  disclaimeil,  it  was  held  that  he  was  entitled  to  his 
costs  (Dnif  V.  Gudjcn,  2  Ch.  D.  209).  But  a  statement 
by  a  defendant,  a  second  mortgagee,  that  he  has  agreed 
to  transfer  his  mort^'arje,  and  is  willini'  to  disclaim,  un- 
accompanied  by  an  offer  to  be  dismi.ssetl  without  costs, 
will    not   entitle    him    to   his  costs  {Roberts  v.  IIiKjlicii,  6 

In  Glover  v.  Ro'jcrs,  11    Jur.  lOoO;   17   ],.   ,|.  (,'ji.  l>,  it  When  a 


118 


C(»STS    OF    AV    ACTIOS    GEyEBALI.Y. 


fliiirUini- 
ing  <lcfcn- 
(Uut  niAT 
go  into 
CTidencc. 


ii.  rrr»on« 

iinnccm- 

Miiljr 

fen(i«nu. 


was  liclil  not  to  \h:  i:cct-S>.'iry  tlmt  a  (Hsolaimiu;;  »lelVt»<l.u»t 
siioiild  prove  the  facts  \\\n>u  wliidi  Ili>^  disclaimer  is  ItuK^-il ; 
and  in  Ilnrst  v.  Hurst,  1  \V.  II.  lO.i,  the  qucMion  wliether 
guch  defendant  is  entitled  to  go  into  evidence  was  Iffl  un- 
decided. If.  liowevcr,  the  phtintiff  un<ler  the  old  practio^ 
filed  replication  to  the  answer,  and  the  tlefondant  was 
thereby  compelled  to  go  into  evidence,  the  plaintiff'  had  to 
pay  his  cost,s  (/'ori/    v.   Ln,   '       *  ' /.  ll»   Bi'av.  olU)  ; 

and  see  WmininH  v.  Lonfjj-  .*»sl.     Where  the 

bill  prayed  for  the  coftts  of  the  suit  against  a  defendant 
who  di«rlaimed,  and  Ktated  certain  factn  as  to  hi«  n<>t 
IwMng  made  to  |>ay  coht.n,  the  plaintifT  wa"  hehi  to  be 
justifie*!  in  enterini;  into  evidence  ron/*ii,  an<l  the  defend- 
ant wa.H  ordereil  to  pay  the  oost«  of  the  suit  {Dtaeon  v. 
Ihttion,  7  Sim.  n7H  .  A.H  to  the  citxis  of  nn  innocent 
htakehulder,  svv  Mixl  v.  I'irkrriny.S  Ch.  I>.  :i7i  ;  47  L.J. 
Ch.  527  ;  20  \V.  R  (J37  ;  38  L.  T.  799. 

If  a  party  in  unnee^sKartly  made  a  d«  femlant  to  the 
suit,  although  he  may  have  an  intoreAt  in  the  Kubjecl- 
njntter  of  it,  he  will  l>e  entitled  to  bin  costM  from  the 
plaintiff;  as  where  a  residuary  legatee  wan  made  defen- 
dant to  a  creditor's  suit,  then*  l>eing  a  '  f  in  tr»i»»l 
for  payment  of  debt*  (Smith  v.  ..I  t  \V.  \i. 
3.53)  ;  or  a  certiAcated  luinkrupt  wom  made  defendant 
{Panurll  v.  Jfurlri/,  2  (.'oil.  241).  On  the  other  hand, 
the  costs  occasioned  by  an  hei^e^s-at-law,  who  was  not  a 
necessary  |iaily,  K'ing  made  a  co-plainti(T,  including  the 
costs  of  makin:;  out  her  pedigree,  were  onleretl  to  i>e  paid 
by  the  plaintitVs  {Ptaire  v.  U'dM/ji/i,  .5  I>e  G.  &  Sm.  31.'i). 
Where  tlio  bill  prayed  alternative  relief,  and  on  the  view 
adopted  by  the  Court  certain  defendants  were  unnecessary' 
parties,  they  were  ili>missed  with  costs  ///•.»«//>/  v.  HmtU, 
.S  Sim.  ."iGl'V  In  a  recent  case  the  ]>luintitV  brought  an 
action  against  two  defendants,  claiming  alternative  relief; 
he  succeeded  against  one,  and  failed  against  the  other, 
who  got  judgment  in  his  favour  with  costs.  The  f'ourt  of 
Appeal,  varying  the  onler  of  the  Court   Wlow,  made  the 


COSTS   OF   THK   ACTION.  119 

unsuccfissful  defendant,  who  \Yas  really  to  blame  for  the 
litigation,  repay  to  the  plaintiti"  the  costs  the  latter  had 
been  ordered  to  pay  to  the  successful  defendant  {Child  v. 
Stennivfj,  1 1  Ch.  D.  82  ;  48 L.  J.  Ch.  392  ;  27  W.  R.  402  ; 
39  L.  T.  302).  When  a  plaintiff  joins  two  or  more 
persons  as  defendants  he  must  pay  the  costs  of  any 
defendant  against  whom  no  c^ose  is  established,  and  who 
did  nothing  to  make  the  plaintiff  believe  him  to  be 
liable  {Marsh  v.  Dunloji,  21  8.  J.  7o).  A  plaintift'  is  not 
justified  in  making  persons  parties  merely  because  other 
defendants  insist  that  they  ought  to  be  parties ;  and 
persons  ma<le  defendants  under  those  circumstances,  the 
Court  bting  of  opinion  that  they  were  not  necessary 
parties,  were  disniis.seil  with  costs  {Williams  v.  Page, 
24  Beav.  0.54).  In  Will ia ins  v.  Williams,  1  W.  R. 
237,  persons  interested  under  a  will,  but  unneces- 
sarily made  parties  to  a  suit  for  administration  of  the 
estate,  were  ordered  to  bear  their  own  costs,  they  not 
having  objected  to  being  made  parties  in  their  answer  or 
at  the  hearing.  If  a  person  iniproperly  made  a  defend- 
ant claims  an  intm.-t  by  his  defence,  tiie  suit  may  be  dis- 
mis.sed  as  against  him  at  the  hearing,  but  without  costs 
{Randall  V.  Randall.  4  L.  J.  ( 'h.  (Old  S.)  .)(»).  Where 
defendants,  hy  decree  declareil  to  be  unneccs.sary  parties,  re- 
mained l>elbre  the  Court,  and  attcndt.-d  the  iuijuiries  under 
the  decree,  tluir  costs  subsequent  to  decree  were  ordered  to 
be  borne  by  themselves  {(jlrdlcsfon  v.  Creed,  1  W.  II. 
228).  A  party  made  defendant  for  purpo.ses  of  di.scovcry, 
but  who  is  a  jnere  witness,  will  be  dismissed  with  costs 
{J)e  Ctnahrw  iJr  ('nrahe/.\  Jur.  N.  S.  712'  :  l.uf  s.,'  Ilmtlij 
V.  Xev'tnn,  .*{()  \V.  H.  72. 

A  defendant  may  be   ordered    to  pay  costs  to  a  third  Costs  of 
party  who  appears  in  consequence  of  bcinir  served  bv  the  Y'^'^^^^ 

1    r       1       X       •   1  •  1         ,^     ^  liroiight  in 

defendant  with  a  notice  under  R.  S.  C.  Ord.  XVI.  r.  IS,  under 
{Dawson  v.  Shepherd  (C.  A.)  49  L.  J.  .-.21)  :   W.    X.  (IS-SO)  S;,,^xvi. 
IIU).     But  in   Yorkshire    Wai/ijon    Co.    v.    ycn'imrl  Coal 
Co.,  o  Q.  B.  D.  208  ;  49  L.  j.  .-,27  ;  2.s   W.  K.  50.-) ;  42 


120  (f>sTS   ay  AN   ACTION  GESEltM.I.Y. 

L.  T.  C}'.]7,  tlic  contrary  seems  to  }mve  Ixen  licUI.  Where 
the  (lefendaiit.s  l»ruujjht  in  thinl  parties,  who.  in  their  turn, 
brought  in  fourth  parties,  and  the  suit  was  ilismissed  with 
costs,  the  Court  of  App<'al  helil  that  there  was  no  jurisdic- 
tion to  make  tlie  plaintiff  i>ay  tlie  awts  of  the  third  and 
fourth  parties  {Withxm  v.  Vane,  4*  k  T.  71H  ;  W.  N. 
(IHHl)  79).  In  the  most  recent  case  on  this  point  the  Court 
«i'.rf.-..^v  y  i;  H,  rr-hold  tliat  a  third  party  is  in  th«'  fcu  •  >'U  witli  regard 

JCwp.xj,  iy«.vy     (,,  rusts  as  an  original  partv  ill>>i  ,./.'•,//  <( '.  A 

aovvp  b.).v  ^       '     4.-.  L  T  7M     W   N.  (1H81)  170).  SG^D.^I'f 

iii.  Fonn*l       "  Where    no   account,  payment,  conveyano-,   or    other 
^^  '**■       relief  is  Miught  against  a  party,  but  the  plaintiff  re«juir«» 
such  party  to  appear  to    <»r   answer  the    bill,    the   costs 
occasioned  by  the  plaintiflf  having  required  such  party  so 
to  ajM  r  answer  the  bill,  antl  tl  »f  all  pro- 

ccedii.,  ■jui  lit  tlurcim,  hhall  be  p  •plaintiff." 

Sec  Ahnun  v.  Ward,  (I  Ha.  170,  where  defendants  in  the 
same  interest  as  the  plaintiffs,  but  who  had  refusetl  to  join 
as  co-plaintiffs,  were  :»"  •  '  ''••  -'s  under  this  order. 
And  as  to  formal  |»art.  Anhrr  \.  HtJrfton, 

'J  Moll.  40+.  In  Tojiham  v.  Jjuke  of  Portlaml,  3  N.  R 
1S.*{,  the  truslrc-s  of  .i      '  '  !•  on  tin- plaintiflTs 

marriage,  who  wire  i.  ^  to   the   suit,  were 

held  not  to  be  entitloil  to  their  dwts  from  their  co-<lefentl- 
ant^  who  paid  tin*  plaintifFs  co«(ts,  but  were  allowed  them 

out  of  their  trust   estate.     And  .see  as   to   partii-    • '• 

defendants  for  discovery  only,  ;x»«/,  ch.  IV.,  sec.  IV 

Whut  Although    letters   written  "without  prejudice,"  with  a 

roay'^Uc*      virw   to   the  conjpromise  of  the   suit,  are  not  generally 

uw.i  «s  to    atlinissible  in   evidence   (HtKjhton    v.   Hifjhtnn,  l.>   Beav. 

."•_M ),  they  may  be  read  on  the  question  of  casts  {Wood' 

,inl    V.   kasten}    ('tmnticM   %.  Co.,  1    Jur.   N.  S.    .SOO  ; 

Williams  V.   Thoman,  '2  Dr.  i  Sm.  20.  H7) ;  and,  seinhit, 

though  not  refeiTe«l  to  in  the  pleadings  {Malcolm  v.  Scott, 

:\  Ha.   .S}»),  notwithstanding    Whitlfi/  v.   ^fa^ti^1,  3   Beav. 

220,  where   tlie  marginal   note  goes  too  far   {iter   V.  C 

•    AitiiUvit*.    Wigrani,  3  Ha.  6.Sj.     Where  the  costs  of  the  suit  are  dis- 


CO&TS    OF   THE    ACTIOy.  121 

posed  of  on  further  consideration,  the  Court  will  not  look 
at  the  evidence  given  in  chambers,  or  on  interlocutory 
application,  or,  in  fact,  at  any  evidence  but  that  in  the 
csLUse  {Curlinr/  y.  Austin,  2  Dr.  i^  Sni.  1-29;  10  W.  R. 
082).  In  Duusfan  v.  Patterson,  2  Ph.  341,  at  the  hear- 
ing of  a  motion  an  immediate  decree  was  taken  for  an 
account  and  costs,  and  furtlier  directions  were  reserved  ; 
and  it  was  held  that  at^davits  filed  on  the  motion  could 
not  be  read  on  further  <iirections  as  to  costs.  I'ho  Court 
declined  to  receive,  under  Stat.  LS  t.^-  14  Vict.  c.  .S.'>,  s.  28, 
affidavits  as  to  conduct  filed  with  reference  to  costs 
{Batemnn  v.  Mdnierisony  2  W.  K.  <!()7  ;  Kvans  v.  Lewis, 
2  L.  T.  .>.il));  but  see  contra,  FnUons  v.  Lonl  Dillon, 
2  W.  K.  .-)()7:  2.S  L.  T.  (O.  S.)  lo4.  In  Palmer  v. 
Pernj,  W.  N.  (ls7())  58,  after  a  decree  directing  an 
inquiry  as  to  damages,  an  affiilavit  showing  attempts  on 
the  j)art  of  the  plaintitVto  make  an  amicable  arrangement 
befi»re  the  imjuiry  was  proceeded  with,  was  held  admis- 
sible upon  till'  tiuotion  of  costs,  on  the  authoritv  of  Fal- 
lovs  V.  Lord  Dillon. 

The  Court  will  not  order  costs  in  ;in  action  to  be  jKiid  Cost.sin 
without  ta.xation  even   by  consent  (Klni/v.  Kin;/,  1  dur.  },'','^,/'^^)|'"* 

N.  S.  272).  I'.v  whom 

Where  several  co-plaintift's  i»r  co-defendants  are  ordrred  ''^" 
to    pay  costs,  they    become    jointly  and    s.v.  r.illv    li.ible 
{Poole  V.  Franha,  1  Moll.  78;  Mvrahjth  v.  Jhi;/li,s,  I]  Yo. 
iV  J.    188;  Asjiilen   V.   ^cddon,   W.    X.   (IS77)   207;  Ex 
parte  liishop,  8  Ves.  333)  ;  and,  therefore,  where  a  decree 
has  been  made  reserving  costs,  the  defen<lants  are  entitled 
to  a  continued  representation  of  all  the  original  plaintiffs, 
though  not  necessary  parties,  as  a  securitv  {lilnr/.-hiirn  v. 
Jepson,   3    Swan-;.    IMS).      Assignees   of  any  partv  to   the 
."uit  adopting  it  become  liable  to  the  costs  of  it  from   the 
comnienrement  (Whitromh  v.  ^finrlli  n,  '>  Mad.  91  ;  Poole 
V.  Franks)  ;  so,  also,  a  n<xt  friend  appointed  in  the  course '^'"'V''" 
of  the  suit;  and  see  Cook  v.   llntkvxnj,  8   Eq.  (J12.      \\\  a  ,.mon"-t 
tithes  suit  the  Court,  in  decreeing  an  account  an<l  jtav- 'l''^*'"" 

"-  '     •      ilaiit-. 


1"2'2  ro-T<;  or  an  actiox  genehai.i.y. 

iijciit,  iiiay  ;ijij»<)iti<iii  tli--  costs  where  llie  tli  fv  lulaiils  have 
several  (i'-ftnces  {L'mlnifr  v.  Petictjrk,  Johns.  210  ;  and  jee 
]\'olUy  V.  lirownhiH,  l.S  Price,  oil);  but  necua  where  there 
i.s  a  common  defence  {Esdailc  v.  Peacock;  Llot/d  v.  Mack' 
worth,  2  (nvill.  <Hn.  corrcctinp  S.  C.  Bunb.  138).  But 
the  Court  will  not  in  j,'eneral  jjive  dircction.n  in  the  decree 
for  contribution  by  the  def<>ndantg  infer  m ;  or  after  a 
general  derree  for  costs  entrrtain  an  appliration  in  the 
suit  by  one  defendant,  wlio  ha.s  l>een  rom|H.>llctl  to  pay  the 
whole,  for  that  jMjr|K).se  (Michel  v.  HnlUn,  6  Price,  87  ; 
Pitt  V.  litnnte,',  1  V.  &  ('.  C.  < '.  «»7(M.  However,  in  Noiih 
V.  Gurnejf,  \  Jo.  xk  H.  .')(MI,  the  il<-f«ndantA  were  onlered 
to  ]>ay  the  coRtM  of  the  »uil  without  prejudice  to  any 
r|UCKtion  Wtween  them  im  to  contribution  thereto,  though 
the  pr.riso  cfli'ct  of  KUch  a  rrstrvation  is  not  clear. 

lu  M  /Vmoi  v.  Thomttun,  2(»  Va[  4:)!»  ;  2;J  W.  R  744,  a 
decree  for  8{>ecific  performance  with  co^Im  waA  made 
again>it  two  defendants,  one  of  whom  wa.H  mainly  reK|Mjn- 
.«<ible  for  the  .suit  ;  and  Hall,  V.  ('.,  in.siTti-d  a  declaration 
in  the  tlecre«'  that.  a.s  lM«tween  the  two  iht't  ndanlh  the  one 
wln»  was  chiefly  to  blame  ought  to  |»ay  the  whole  of  the 
coKth.  and  ga\«'  the  otlier  defendant  liUrty  to  apply  in 
chambers  as  to  payutenl  to  him  of  tliest-  costs  ;  the  order 
of  couH'e  In-ing  without  prejudice  to  the  plaintiflTK  right 
to  recover  his  oo.stj*  from  both  or  either  "if  the  defeuflants  ; 
ami  .sec  Tv'iuUn-Oiv  v.  Jiniol,  W.  N.  (lh7.H)  Hiii.  Where 
co-defentlant.s  an*  orden*<l  to  pay  the  co»itK  of  an  action, 
one  co-defendant  cannot,  by  an  independent  proceeding, 
obtain  eontributit'U   in  "    of  .such   costs   against  the 

other  (A<(/Wy  v.  Mi"  lb  Ch.  I).  230;  :i<>  W.   R 

45).  In  Af*j^Ien  v.  Sedtloi},  W.  N.  (1877)  207,  where  a 
bill  had  been  dismissed  with  costs,  the  Master  of  the 
lu»lls.  on  the  authority  of  Mttedi/th  v.  HiKjhe^.  3  Yo.  & 
J.  ISS,  held  that,  whether  the  liability  for  co.'ts  was  joint 
or  .several,  the  defendants  were  equally  entitled  to  have 
their  cost.s  t;u\ed  again.<;t  the  surviving  plainlift's  in  the 
;il>sence  of  a  lei:al  personal  representative  of  a  deceased 


COSTS   OF   THE   ACTI(>y.  123 

plaiutiflf.  In  a  late  case  an  action  was  brought  by  a 
hnuitie,  so  found,  and  his  committee  to  sot  aside  an 
agreement,  on  the  ground  that  tlie  hniatic  was  of  unsound 
mind  when  he  entered  into  it  ;  during  the  trial  the 
lunatic  died.  The  interest  of  the  committee  thereupon 
ceased,  and  his  administratrix  obtained  an  order  to  carry 
on  the  proceedings.  The  action  was  dismissed  with  costs, 
to  be  paid  l>y  the  administratrix,  but  the  estate  was  in- 
solvent. A  motion  to  vary  tlie  judgment  by  rendering 
the  committee  liable  for  the  costs  of  the  action  up  to  the 
death  of  the  lunatic  was  refu.sed  with  costs  {Harlaud  v. 
Garhv.tt,  W.  N  .(ISSl)  cS).  The  costs  of  all  parties  liable  to 
make  a  contribution  shoiild.it  seems,  bo  added  t(»t;ether,and 
borne  by  them  in  jjiopurtion  to  tlie  shares  in  which  they 
are  bound  to  contribute  (Mo^jo  v.  Sjt<irr<iii\  IS  W.  K.  loo  ; 
22L.  T.  lo4). 

In  suits  to  restrain  the  infringement  of  trade  mark-^,  Lirn  for 
the  plaintiti'  has  .sometim-s  been  held  entitled  to  a  lien  *^"*'"''' 
for  his  co.^ts  on  the  goods  bearing  the  j)irated  mark  in  tlic 
hands  of  innocent  parties  (  r/)?/<fo*»  v.  h'/hm,  \'2  K<|.  140; 
7C'h.  l.SO;  roiimrdii,  \.r,t,,,  '.V.\  l!.av.  [\\-l\.  \\\\{,  in 
MtKt  V.  riiirriu'i,  S  (,'li.  1).  :{72,  47  L.  J.  Cli.  .")27;  2()  W. 
R.  6-37  ;  .'is  L.  T.  71)1),  where  the  goods  were  in  tlio  hamls 
of  wharfingers,  the  Court  of  Appeal  <piesti.>ned  this  doc- 
trine, and  held  that  even  if  the  plaintitV  had  any  such 
lien,  it  must  certainly  be  postponed  to  the  wharfinrrers' 
lien  for  their  charges.  As  to  the  cases  where  costs  pay- 
able out  of  a  fund  arc  \x\\<\  before  division  or  apjxirtioned 
on  the  different  shares,  sec  j^^'^f,  cli.  IV.,  sec.  11. 

The    Court  of  Chancery   wouM  not,  except   in  charity  Oidor  may 
suits    where    tliere    was    no    relator    (At(onieif-Gcncral^'"'\^"f 

.  ,  ^  •/  nianc  lor 

V.    Cin'i>oriitii>n    of    CltrHier,   14    Heav.   .S.'jHi.    and    inter- i'''*y"'f"t  of 
pleader  suits,  directly   make  an   order    for    the  paynuMit  l,cUTcn 
of    costs    between    co-defendants;    but    that    object    was  ™"'''f^'"' 
indirectly  attained  by  ordering  the  co.sts  of  one  defendant    '"'   ' 
to  be  paid  by  the  plaintiff",  and  received  back  by  him  from 
another  defendant;  see  ax.  (jr.  Blenlinsoj)^)  v.  Blcnkbu 


]H  i  a<T^    f.F    AS"    AMImS    GF.NF.RaI.I.V. 

tiii/ij),  12  lif.'iv.  .'((is.  Tlic  practice  in  this  lespoct  is  now 
altorcd,  and  the  drOndant  who  is  liable  t«»  the  costs  as 
hctwcen  himself  and  ids  co-tlcfendant,  will  be  ordered  to 
p'ly  tlnin  directly  to  the  eo-def«'ndant  (Htidoir  v.  Great 
lirifnni  Asj*iira)\ce  N(»c.  (('.  A.),  17  Ch.  D.  COO). 
A«iviince  WImtc  there  is  a  ftunl  in  Court  in  the  .snit,  or  the  liti- 

Hainii'ff  on  K-'^^ion  is  respecting  an  estate  vested  in  trustees,  who  arc 
a<"<-oiint  of  brforc  the  Court,  tlu'  ( 'ouit  has  in  .•ionio  instances  allo\ve«l 
an  advance  to  be  made  to  the  plaintit),  if  in  p  •verty,  on 
account,  to  enable  him  to  prosecute  the  suit  (Joties  v. 
Co.rrtrr,  2  Atk.  :VJU  :  //;  //ry  v.  ApplrUy.  2  Cox.  409  ; 
J'eriftluil  V.  S^jiiirr,  1  I)i.  k.  31,  S.  C.  Beames,  app.  22  ; 
JtirkrnMon  v.  .Miirir,  2  Dick.  ■»«2,  S.  C  lioames,  app.  'A), 
especially  where  some  heavy  expense,  such  a-s  the  costs  of 
an  arti«in  at  law  (/Vr»V/t<i/  v.  t^fuirr),  or  of  a  commission 
abroad  I />/«/.' /»#y«  v.  J/ariV  I.  had  to  l>c  incurre<l.  "Hut 
there  must  l»c  very  s|)ocinl  circumstanr-es  indeed  to  war- 
rant an  advance  of  money  for  the  pur|>osP  of  fee<lin^  liti- 
j^.ition  "  (/»rr  V.  C.  Ix>ach  in  TUhttmtu  v.  Ifnrijirnirs,  ^ 
Nb'ul.  172,  where  the  application  was  refuse*!).  There  is 
no  recent  rej»orte«l  case  where  such  an  application  hiis 
been  prant«d  .  :ind  s.  .■  .Vyr  v.  Maulc,  4  My.  iV:  C.  .*U2  ; 
JWk  V.  Jiixhrif^  2  Sim.  40,  where  it  wa.s  n-fused.  The 
Lords  Justices  have  allowed  a  suit  to  perpetuate  testi- 
mony to  Ik?  in.slituteil  with  the  appntKition  of  the  Master 
in  lunacy,  if  he  should  be  satisfied  that  there  wa-s  rea- 
MMiable  «^ound  for  it,  such  costs  as  the  Master  should 
think  pr«»per  being  paid  out  of  the  estate  of  the  lunatic 
ylu  /v  Tuifhiir,  fi  Ch.  41(J). 
To  whom  Parties   representing  th«'  same  interest,  if  they  sever 

r«v.»bic.      j|n.|,    (lofences,   will    not,   except    under   sp«^cial    circum- 

r.«rtics  •  • 

spvi-ring.  stances,  be  alloweil  separate  sets  of  costs,  but  one  .set  oidv 
between  them  {IlmjUcs  v.  Kty,  20  Be.iv.  \VJ7 ;  Btdl  v. 
^yefi^  LomUm  Nc/mW  liiMtnl.  34  L.  T.  G74  ;  De  liurgh  v. 
Chichester,  \\)  W.  U.  221)  ;  though  as  to  the  difficulty  of 
lavin-.:  down  any  precise  rule,  see  (irrcihj  v.  hivender, 
11  Beav.  417.     In  Eden  v.  Saish,'!  Ch.  D. 781, where  two 


COSTS   OF   THE   ACTION'.  125 

det'euilauts  sovLTed  upoji  a  summons,  aud  appeared  by  four 
counsel,  the  costs  of  only  one  counsel  for  each  defendant 
were  allowed.  Where  one  of  a  class  of  defendants  is 
separately  charged,  aud  relief  is  prayed  against  him.  he 
is  entitled  to  appear  separately  and  have  his  costs,  though 
such  cliarge  aud  the  jnayor  for  relief  l>e  struck  out  by 
amendment  (Sliaw  v.  Joloinon,  H  W.  K.  ()2!>t.  Where 
tlie  bill  charged  fraud,  the  defendants  who  severed  and 
did  not  oppose  the  plaiu tiffs  claim,  had  their  costs  of 
separate  answers  {Cl'uich  \\  Financial  Corpoyafion,  ")  Eq. 
450),  Where  several  defendants  have  a  joint  fiduciary 
interest,  the  circumstance  that  one  of  them  has  also  a  bene- 
ficial interest  is  uot  a  ground  ft>r  their  .severing,  unless  the 
beneficial  interest  conflicts  with  their  duty  {GatDit  v. 
Taylor,  2  13eav.  .S4(),  though  separate  costs  were  for 
special  reasons  allo'wed  iu  that  case).  And  generally  trus- 
tees and  their  cestuis-que-trust  are  not  justified  in  .severing 
{Furr  V.  Slicriff'c,  4  Ha.  .')2.s  ;  Reade  v.  Sjyarkrs,  1  Mol. 
>>;  ;  ami  so  with  mortgagor  aud  mortgagee  {Reimmnf  \. 
Hooil,  27  Beav.  74.  ii\'.i;  (jrrtdijw  Lorinnlrr,  1 1  Bcav.  417j. 
lu  AUri'Jj,'  V.  ]\\'i<throol-,  4  Beav.  212  ;  Wilts  v.  Cooper, 
\)  Beav.  2!»4,  2:J!I ;  and  Riiss,-ll  y.  Xirholls,  J)  Jur.  (11. S, 
residence  in  ditl'erent  j»arts  of  tiic  country  was  held  sutii- 
cient  cause  for  severing;  and  .see  Jluniilton  v.  James, 
Ir.  R.  11  E(|.  22.S  ;  but  see  contra,  Farr  v.  Shcriffe. 
In  Uarcy  v.  Whittinyham,  o  Beav.  2(j<S,  husband  and 
wife,  living  apart,  were  held  entitled  to  one  set  of  costs 
only  between  them  ;  and  see  Mikhnay  v.  Qaicle,  40  L. 
J.  C'h.  (107.  Two  trustees  having  severed,  and  one  im- 
puting misconduct  to  the  other,  the  (.'ourt,  having  no 
evidence  but  the  answers,  gave  one  set  of  costs  only,  and 
left  the  divisi(jn  to  the  taxing  master  {Course  v.  Harn- 
jfhrey,  2(J  Beav.  402  ;  AUorncy-Ueneral  v.  Wyuille,  28 
Beav.  4f)4j.  But  if  the  evidence  is  clear,  the  costs  will  be 
'4iven  wholly  to  the  innocent  tru.stec  (Webb  v.  Webb,  IG 
Sim.  o.')).  In  Meldnua  v.  Hayes,  21  W.  R.  74G,  an  exe- 
cutt'i,    wh(»>.'    co-executors,   acting    in    opposition    to    his 


12(J  COSTS   OF   AN    ACTluS   »;KNKIlALI.V. 

advice,  lin<I  hroiiglit  heavy  l««s.se.s  ii|x>ii  {\iv  estate,  waa 
lit'M  justified  ill  severing,',  ami  lii.n  rejiresciilatives.  lie 
having  ilicd  jH'iulentr  lite,  were  heKI  entitleil  to  a  sk^-iki- 
rate  set  of  cosU.  But  an  allegation  hy  one  truntee  tliat 
lie  knows  nothing  of   the  |»raye«l  fur,  U  not  a 

groiinij   for  si-paratr  r..>t<  v   C'lxh,  1   Jiir.  N.  S. 

.^04).      ill   Pt'ince   \.    II  JT    lieav.  .*U.l,  two  iriiH- 

teoH,  who  had  Kevrrini,  having  iH-m  or<l«T*'d  to  pay  a 
Hiiin  of  money  into  C«)urt,  and  one  of  them  having  |taid 
the  whole  amount,  one  net  of  costA  only  wa-s  aU«iw«><l.  and 
waii  directed]  to  be  |)aid  to  the  truMlee  who  had  paid  the 
money,  the    other    tniHto-*-      '  i  iilrihution 

towardH  that  amount.     An  i:  >i   to  join 

ax  plaintiff  in  a  suit  to  recover  tniMt  fundn  lent  in  breach 
of  trust,  titherwiM-  he  will  not  riTeive  any  co(»t8  iu»  defvn- 
ilant  {UmjUes  v.  AVy.  20  liiav.  :{l»7>. 

IVrHonal  ciiargi-t  of  frautl  against  a  trustee  will,  it 
seems,  juHtify  his  co>truNtee.H  in  declining  to  join  with  him 
in  his  defence  (  It'    "  '''       "       '  ^  7  ( 'h.  D  504.  vv ' 

a  trustee,  who  ^         trustee,  had  lii» 

out  of  the  estate,  although  he  at  the  Mime  time  defended 
liiti  own  character). 

Ah  to  the  right  of  u  trustee,  in  whom  property  of  a 
hanking  com|>;uiy  is  veated,  to  defeml  hy  a  !ie{>arate  solici- 
tor when  the  right  to  bring  and  defend  actiuns  is  given  to 
the  directors,  see  Ileiitrirh  v.  Sutfon,  fi  Th.  220.  A 
cestui-«jue-tnist  al>out  to  bring  an  action  should  apply  to 
his  trustee  to  join  him  an  co-plaintiff  with  an  indemnity  ; 
if  he  refuses  he  must  Ix'ar  his  own  costs,  but  if  he  is  not 
applitnl  t<»,  the  plaintiff  must  |xiy  them  (HfaiU  v. 
Sparkr^i,  1  Moll.  M.  Persons  not  parties  to  the  action 
having  liWrty  to  attend  proceedings  under  a  judgment  or 
decree  are  allowed  one  .set  of  cost.s  only,  if  they  are  in  the 
same  interest  {St'>rtison  y.  Al'in<jtnn,  8  L,  T.  719;  11 
W.  K.  'J.'Ui  . 
fH'vrral  On  the  i>tlK  r  hand,  if  one  .solicitor  appears  fur   two  or 

ilotVn.iiinis  more  defendant-^  ^v]l..  ihmU.-  «..  ixiratethf<  H'-.-  and  the:nf;..i. 
BI>|>canng  * 


COSTS  C'F  THE  ACTioy.  1:27 

Is  di5;nii.s.scd  wiili  costs  as  to  one  of  them,  suoli  ilefendant  by  the 
will  only  be  entitled  to  receive  from  the  plaintift'  the  costs  solicitor. 
of  the  proceedings  which  relate  exclusively  to  his  defence, 
and  a  proportionate  part  of  the  costs  of  the  proceedings 
taken  jointly  for  all  the  defendants  for  whom  the  solicitor 
iippoars  ( /^'  ('nlijulnmn.  '>  De  (J.  M.  i^-  O.  .S')^  ;  and  the 
same  rule  applies  as  botwreu  the  sulitMtur  aiitl  any  one  of 
the  several  defendants  for  whom  he  appears  {ihld.)  ;  and 
see  Jlarmcr  v.  II<n'ri-<,  I  Russ.  1. '>."),  1">7;  Daries  v. 
Chatwood,  11  (Jh.  D.  244.  But  the  rule  in  Be  ColquJioun 
does  not  apply  to  the  solicitor  to  the  suitor's  fee  fund, 
appearing  for  a  defendant  at  the  instance  of  the  plaintiff, 
and  also  for  defendants  defending  in  f\>rmd  jMiitpcris 
{Fvazer  v.  TJiompxon,  1  CtitV.  '■\o~).  However,  l>y  Cons. 
Ord.  XL.  r.  12,  the  taxing  master  is  to  consider  whether 
two  or  more  defendants  employing  the  same  solicitor 
ought  to  have  ilefended  separately  ;  and  there  is  no 
appeal  from  the  taxing  master's  di^or('ti»»n  {licnH'ic  v- 
Lord  L'buri/:  22  W.  R.  C^  :  VA  1,.  J.  Cji.  NO;  2!l  L.  T. 
4 1 'J). 

Where  costs  are  directeil  to  l»e  paid  out  ot  a  fund   info.sLsout 
Court,  they  are,  as  observed  above,  onleretl  to  be  paiil  to  "  *j  ^'j' 
the  solicitors  of  the  parties  directly.      Where  a  solicitor,  solicitors. 
by  arrangement  with  his  client,  retirid  bom  the  suit,  and 
another  solicitor  conducted  it  thenceforth  to  its  conclusion, 
it  was  held  that  the  latter  solicitor  had  priority  for  his 
costJi  (Corvidck-  v.  Jieishj,  3   I)e  G.  Sc  Jo.   157;  and  .see 
Re  HnviKtrd,  14  T.eav.  bS).      In  I'nhhlc  v.  lio<jhvrst,  1  R. 
Si.  M.  744,  it  was  tliscuvered  after  taxation  that  the  agent 
was  not  a  s«)licitor,  and  the  master  was  directe<.l  to  review 
his  taxation,  and  »li.sallow  all   items  except  disbursements 
to  the  clerk  in  Court,  though  some  of  the  costs  were  in- 
curred at   law,  and  the  agent  was  an  attorney;  and  see 
Coates  V.  Hmvkyanl,  1    R.  »Iv:  M.  74(5 ;  Siunnev  v.  Rid;/- 
wny,  ibid.,  74.S. 

If  the  costs  are  payable  to  a  partnership  firm,  they  may  Co.st«  pay- 
be  directed  to  be   paid  to  the  member-,  of  the  liini  as  co-  p^rtner- 

ehip  firiD. 


lliH  (  o-T>    >>y   AS    ACTION    GKNLIlALLV. 


lull 


cu«t« 

i.  . 
till 


partiHTs,  iiiiiijiii;;   tliciii    ill    tlio   <»i«lcr   l»y  tlu-ir  t.  hii>l 

uikI  surijaines.     Any  iiieiul"r  i-f  tli.-  fimi  can  tli.n  ivceivt* 

them  (Seton,  p.  121). 

Apportion-        \Vc  have  alrea«ly  seen  that   the   tosl.s  o|   ihe  suit   may 

'lUi*'        ^"'  •'»p|x>rti<»nt'tl  (1)  with  resp^M^t  to  timo,  the  costs  up  to  a 

Alto       rcrtaiu    p«ri<Ml  iM-iug  given  to  tin-  plaintitV,  ami  tin*  suhsc- 

"  <|iient  costs  to  the  dcfcmlant  or  vice  Vfrad  (seeautf,  p.  !>+) ; 

ii.  Aiii..iik'»i  (-)  with  ie.s|>cct    to   different   ilefen<lant,s  hilh  \vli<n   |>ay- 

dofcn.ianu.  ^j^j^  ^.  j^,jj  ^^  j|,j.„j  ^j^^^.  ^^^^f^  ^   | .j |  ^  j^,y    ;  and  (3;  some 

I!>'fcnnro     instances  have  been  given  of  apportionment  willi  re«poct 
t-iMilijcoi-  t„  i|,4.  Huhject-matter  of  the  suit,  as  where  the  plaintiff  or 

iiintlcr  of  1       1  I  «  .1  »  11 

the  •uit.  (hfentiant  huoccftis,  l»ut  has  to  pay  the  costs  occo-sione*!  l>y 
iinfoundeil  chargis  ol"  fraud,  or  other  Mtatement.s  of  fact 
failing    in   tlie  evidence,  or  of  unncceiisary  evidence    or 

otliir  pPK-etdings.  \r.  (^ee  lOl/r.  pp.  !M»,  lOtl.  112.  Wl). 
Tl»e  sjiine  prinriph;  apph<s  where  the  Huit  cml»racf<*  uiore 
than  one  object.  In  Jknn  v,  Sf orris,  o  \V.  U.  .•{4.'>,  the 
OOKts  of  a  suit  to  admini-ntor  two  estate««  vested  in  the 
sanjc  trustees  u|)on  thf  wime  trusts  wire  urdcreil  to  be 
paid  out  of  tlie  two  funds  e<)ually  ;  and  see  the  caMM 
where  the  costji  are  ap|>ortione»l  Utween  the  real  and 
iMi-sonal  estates,  jH»il,c\i.  IV.,  sec.  II.  So  in  Irbtf  v.  Irhi/, 
2i  lieav.  .'*2.'»,  the  costs  of  a  suit  to  adniini.stcr  the  estate 
of  a  ileceased  jK'rson.and  incidentally  to  execute  the  trusts 
of  a  settlement  under  which  he  w.xs  tenant  for  life,  were 
payable,  a.s  of  an  administration  suit,  out  of  the  assets  of 
the  deceased  ;  but,  so  far  o-s  they  were  increased  by  itJ» 
being  a  suit  to  execute  the  trusts  of  the  settlement,  out  of 
the  settled  funds;  and  in  Steu\irt  v.  }fim]nis  of  Donffjal, 
"2  Jo.  cV  Liil.  ti.'JG,  the  costs  of  raising  a  family  charge  were 
borne  by  the  estate,  but  the  costis  of  dealing  with  it  when 
raised  were  payable  out  of  the  fund  ilsvlf ;  and  sec  Botf- 
Thc  Court  cott  v.  St  u'lniiu,  4  W.  U.  707;  2  Jur.  N.  S.  702.  But  the 
.""\  .  Court  is  not  inclined  to  make  refined  distinctions  on  the 
iiicily  to  uppvirtionment  of  cost.s,  on  account  of  the  expense  of 
Sr'""  apportionment  (A'»o«  v.  Cottee,  1(J  Bi-av.  81).  And  in 
Jones  V.  FurixU,   1   De   0.  &  J.  208,   Lord   Crau worth 


COSTS   OF   THE   ACTION'.  129 

held  that  tlio  plaintiff  ought  to  pay  the  costs  of  part  of 
the  case,  auJ  was  entitled  to  receive  the  rest  ;  "  but,"  he 
added,  "  ray  experience  leads  me  to  say  that  such  a  dis- 
tribution generally  leads  to  a  great  deal  of  unnecessary 
expense  to  both  parties,  and  I  think  the  best  practical 
course  is  to  cut  the  knot  by  saying  that  there  shall  be  no 
costs  given  or  received  ; "  and  see  Bon'cr  v.  Cooj^er,  2  Ha. 
408,410;  Tanna-  \.  Hcanl,  2-3  Beav.  .555;  Baidart  x. 
Tennant,  10  Eq.  141;  Dichw  Brooks,  15  Ch.  D.  41  ; 
Metzler  v.  Wood,  8  Ch.  D.  006. 

Where  an  apportionment  of  costs  is  directed,  the  order  Apportion- 
may  be  framed  in  one  of  two  ways.     In  one  way  it  may  be  i.  indiuiing 
so  expressed  as  to  involve  an  apportionment  of  the  whole  r'"'M><^rtion 
of  the  general  charges  ;   in  the  other  way  it  may  be  ex-  gcnemi 
pressed  so  that  the  exception  only  extends  to  the  excess  of  thrsiiit" 
fxpense  incurred  in  consocjuence  of  the  excepted  matter 
(1  Smith's  Ch.  I'r.  1()^'>).     Where  the  exception  is  of  "so 
much  of  the  cuMs  of  (he  suit  as,"  »ltc. ;  or  the  direction  is  to 
"  tax  the  costs  of  the  plaintiff  of  this  cau.se,  except  so  far  as 
such  costs  have  been  occasioned,"  «.^-c. ;  or,  "  that  the  plain- 
t  iff's  action,  so  far  as  it  seeks  relief  on  the  footing,  &c.,  be  dis- 
missed with  costs,"  the  general  chari,'os  arc  apportionable; 
.'^ee  HehjhnKjtonv.  Grant,  1  Bcav.  2i}0;  Proad  v.  Bides,  W. 
N.  (1866)  22  ;  U  W.  W.  Wi)  ■  1  Smith's  Ch.  Pr.  108.5,  1086, 
and  the  MS.  ca.scs  there  cited  ;  and  Seton,  pp.  117,  118  ; 
forms  IG,  17,  18.     On  the  other  hand,  a  direction  to  "  tax  ii.  not  in-  • 
the  costs  of  the  plaintiff  (or  defendant)  of  this  action,  ^"  '"jiJ'[.^j,f 
except  so  far  as  such  costs  have  been  increased  by,"  &c.,  t^«  genonvl 
followed  by  a  direction  "to  tax  the  costs  of  the  defendant 
(or  plaintitV)  so  far  only  as  the  same  have  been  incri-ased 
by,"  &.C.  (Seton,  p.  118,  form  19)  ;    or  an  onler  dismissing 
so  much  of  the  information  as  seeks,"  Sec,    without  costs, 
and  directing  that   the  defendant  should  pay  to  the  in- 
formant  "his   costs   of  the  suit"    {Attorney-General  v. 
J.ord  Carrington,  6  Beav.  454) ;  or  a  direction  for  the  de- 
fendant to  pay  to  the  plaintiff  "  so  much  of  the  costs  as  have 
been  occasioned  by,"  kc.  {Morris  v.  Simmons,  1  Smith's 

K 


!;{()  COSTS   OF   AN    ACTION   GENEHALLV. 

C'li.  Pr.  lOM),  n.  7),  tl<x«  iK't  iiiv..lvo  ati  aji|H,rtionineut  of 
the  general  charges. 

In  Jiegbie  v,  Fenwick,  Fcmvicl:  v.  Jiegbie,  G  Ch.  869, 
original  and  crofw  suit.i,  a  clocrce  madtr  in  l»oth  dismissed 
the  liill  in  the*  st^Tond  suit  \\\{\i  costs,  so  far  a.s  it  sought  to 
set  aside  certain  securities,  and  ordered  that  the  costs  of 
B.,  the  plaintift'  in  the  first  suit  "so  far  as  tho  same  have 
been  increased  by  the  answer  of  F.,"  the  plaintiQ'  in  the 
Bccoud  suit,  should  be  taxed  and  paid  by  F.  to  B.  It 
was  held  that  the  costs  of  so  much  of  B.'s  bill  as  was 
directed  to  antici|)ating  F.'s  answer  were  included  in  this, 
and  that  the  costs  of  the  hearing  mu.tt  bo  ap{Mtrtioned  in 
like  manner.  In  the  cross  suit  the  bill,  which  was  for  two 
objects,  was,  as  to  the   first,  »li-  '  -i-*,  and   F. 

hiul   to  pay  a  pri»|>ortion  of  tK'    _  :  the  suit, 

following  lle'ujUiugton  v.  Gntnt,  1  Beav.  230;  Ifunly  y. 
Hull,  17  Beav.  a:.'). 

In  an  action  for  an  injunction  the  plaintifT  succeeded 
(»n  one  of  the  three  points  in  issue  and  failed  on  the 
other  two ;  an  order  was  made  to  tax  the  costs  of  the 
ilefentlant  of  so  much  of  ill'        '  '     ''  !        !    •  d, 

and  t<»  lax  the  cost.s  of  the  ]•.  n, 

with  a  set-oflf  of  the  costs  of  the  plaintitT  against  those  of 
the  defendant  ;  under  this  order  the  taxing-master  taxed 
the  costs  as  a  whole  and  ap|)ortioned  them  in  thirds 
between  the  parties,  allowing  the  plainlitV  oue-third  and 
the  defendant  two-thinls  ;  the  plaintifT  objected  to  this 
mode  of  taxation,  and  contende«l  that  i  '  *  i  ought  to 
be  gone  into  and  allowe*l  to  each  |>arty  ^  as  it  was 

incurred  in  resjK*ct  of  that  |Kirt  of  the  claim  on  which  he 
had  succeeded.  The  taxing-master  overruletl  the  objec- 
tion, sjiyinj;  that  if  it  had  been  intended  to  give  the 
plaintitV  anything  more  than  he  had  alloweil  him  the  order 
would  have  given  him  the  costs  of  the  action  "except  so 
far  as  they  had  been  increased  l>v  the  ad«lition  of  the 
is>nes  on  which  he  ha«l  failed;"  ami  on  ap|)eal  the  judge 
In  Id  that  the  ta.\ing-ma,ster  wa-*  right  {Kn'ujht  v.  Purseli, 


COSTS   OF   THE   ACTION*.  131 

40  L.  J.  Ch.  120;    28  W.  R.  90;    W.  N.    (1879\  182  ; 

41  L.  T.  o81) ;  anJ  see  SjKirrow  v.  Hill,  7  Q.  B.  D.  362.K6i3Tl/,7^ 
Where  the  plaintiff  in  a  liglit  and  air  case  succeeded  as 

to  eiglit  windows  and  failed  as  to  five,  no  costs  were  given  of 
the  suit  in  the  ordinary  way,  but  it  was  left  to  the  taxing- 
master  to  apportion  the  costs  by  finding  how  much  of  the 
costs  related  to  the  five  windows  and  how  much  to  the 
eight,  the  balance  being  paid  to  the  party  entitled  to 
most  costs  {Bourkc  v.  A/cx<ind>'a  Hotel  Co.,  25  W.  R.  782). 
And  see  Cracknall  v.  Jansou,  11  Ch.  D.  1,  23. 

In  Umfi'cville  v.  Johnson,  10  Ch.  580,  two  plaintiffs 
joined  in  a  suit  to  restrain  a  nuisance  ;  the  second  plaintiff 
got  an  injunction,  with  costs  to  be  paid  by  the  defendant ; 
but  as  regarded  the  first  plaintiff,  the  bill  was  dismissed, 
and  the  costs  occasioned  by  his  being  added  were  ordered 
to  be  deducted  from  the  costs  so  to  be  paid  by  the  defendant. 

Where  a  claim  and  a  counterclaim  are  both  dismi.ssed '^''*''»  ^"^1 
with  costs,  the  plaintitt  pays  to  the  defendant  the  general  ei.iim, 
costs  of  the  action,  and  the  defendant  pays  to  the  plaintitV  '"'.*''  '!"*" 
only  the  amount  by  which  the  costs  have  been  increased  with  cost?, 
by  reason  of  the  counterclaim  ;  there  is  no  apportionment 
{Mason  v.  Brcntim,  (C.  A.)  15  Ch.  D.  287  ;  29  W.  R.  12() ; 

42  L.  T.  72(;  ;  43  L.  T.  557  ;  Saw-r  v.  BiKon,  11  Ch.  D. 
41G;  48  L.  J.  Ch.  545;  27  W.  11.  47 J  ;  40  L.  T.  134; 
and  see  the  opinion  of  the  taxing-master  in  the  last  case). 

If  both  parties  recover  something,  the  plaintiff  on  his  Costs  in 
claim  and  the  defendant  on  his  counterclaim,  then,  if  the  counter- 
action is  tried  by  a  jury  and  no  special  order  is  made  as  claims, 
to  co.st<?,  the  plaintiff  is  entitled  to  the  general  costs  of  the 
action,  and    the  <lefendant  to   the  costs   of  the  counter- 
claim ;   .see  Balnea  v.  Bromley,  G  Q.  B.  D.  GOl  ;  Pottery. 
Chambers,  4  C.  P.  D.  457  ;  48  L.  J.  C.  P.  274  ;  27  W.  R. 
414;  3!)  L.  T.  350;  Blahe  v.  Apphyard,  3  Ex.  D.  105; 
47  L.  J.  Ex.  407;    2G  W.  R.   502;  Haiti  nan   v.  Price, 
■11  W.  R.  400  ;  41  L.  T.  (i27  ;   Neale  v.  Clarke,  4  Ex.  I). 
280;  41  L.  T.  438;  Davidson  v.  Gray,  5  Ex.  D.  189  n. ; 
40  L.  T.  102  (C.  A.) ;  42  L.  T.  834  ;    Cole  v.  Firth,  4  Ex. 

K    2 


10*2  rr.sT^   r.F    AN    ACTIOS   CES'ERAITY 

1).  :>oI  ;  H>  L  T.  .s.'»7  ;  .SVoo/v  v.  TmjU,,;  .'•  g.  I).  I).  *>(;i>  : 
49  L.  J.  g.  U  s."i7  ;  29  W.  R.  49  ;  4M  L.  T.  2i»8).  If.  how- 
ever, the  counterclaim  is  not  in  tlie  nature  of  a  cruss- 
action,  but  is  a  mere  set-off,  and  the  balance  is  in  favuur 
of  tho  (h'fendant,  then  it  wouM  seem  that  the  defendant 
oui;lit  to  hav<'  tho  general  c«»*.ts  u{  the  action  (litiinrs  v. 
Bixynihy).  In  that  case,  Brett,  L.  J,,  expre>ise<l  a  «h*cide<l 
opinion  that  tho  ndo  ought  to  l>e  as  follows,  vi/..  where 
Ihoro  i.s  a  claim  with  iiisueA  on  it,  and  a  counterclaim 
(which  ix  not  a  Het-off  but  is  in  the  nature  of  a  cross- 
action)  with  issues  on  it,  and  the  plaintiff  succeeds  on  the 
claim,  and  the  di  T     '     *  '  'i  rounti-rclaim. 

the  taxation,  if  no'  .   I  Im*  by  taxing 

the  claim  as  if  it  anil  its  issues  were  an  action,  and  by 
taxing  the  cnuntorclaim  as  if  it  and  its  i'inuejt  wore  also  an 
action,  an«l  the  allocatur  for  cant-s  nhould  bo  given  fur  the 
balance  in  favour  of  the  |virty  in  whose  favour  is  such 
balance ;  the  master  on  taxati«)n  dividing  items  which  an* 
ciinnion  tolK)th  art-  '  IT     '  rfieiil  y.  Hi-^idnum, 

n  (,»  \\.  1).  :\'ir,;  r  l  <'.  p.   n.  4^9; 

•J7  W.  i;  7..(i 

The  County  Courts  A<t.   Isu7,  •   not  apply  to 

coimteiTlaims  at  all  (///<iX<*  v.  Api>l-  ,    .     . 
setoff.  Where  the  costs  i»f  a  suit  hml  been  apportione*!,  so  that 

costs  were  jm'ablo  by  tho  plaintiff  to  the  tl.ft-ndant  and 
also  by  the  defendant  to  tho  plaintiff,  it  was  the  practice 
in  the  Court  of  Chancery  to  direct  the  one  set  of  costs  to 
be  set  otT  against  the  other,  and  the  balance  only  to  U? 
paid.  This  rule  has  been  adopted  umKr  the  new  pro- 
cedure;  and  it  is  now  provided  (K.  S.  C.  (Cost**)  Sche<l. 
r.  19)  that  in  any  case  in  which  a  party  entitled  to 
receive  costs  is  liable  to  pay  costs  to  any  other  party,  the 
taxing  officer  may  tax  the  o">sts  such  jiarty  is  so  liable  to 
pay,  and  may  adjust  the  same  by  way  of  deiluction  or  set- 
otV,  or  may.  if  he  shall  think  lit,  delay  the  allowance  of  th*- 
costs  such  partv  is  cntitleil  to  Voce ive  until  he  has  pai«l  or 
t.  n  1.1.  d  fli.^  (..>.f<  li.'  i-  liable  to  pav:  or  such  oftirer  may 


COSTS   OF   THE   A(  TIOX.  133 

allow  or  certify  the  casts  to  be  paid,  and  tlie  same  may  be 
recovered  by  the  party  entitled  thereto  in  the  same 
manner  as  costs  ordered  to  be  paid  may  be  recovered. 
An  order  to  set  off  may  be  obtained  in  chambers 
{Robiirfs  V.  Buk,  8  Ch.  D.  19.s).  For  forms,  see  Seton, 
pp.  117,  lis. 

Where    money    is   payable    by    the    defendant    to    the  Sct-ofT 
plaintiff,  and  costs  are  directed  to  be  paid  by  the  plaint it^jj^j^j^j.^ 
to  the  defendant,  or  vice  versa,  the  costs  may  be  set  off  ™""<^.v 
.i<Tainst  the  money;  see  Cooper  v.  Pitcher,  i;  Ha.  485;     ' 
Pringlr  v.  Glnioj'w  Ch.  D.  (uG;  48  L.  J.  Ch.   380  ;  27 
\V.  R.  .574;  40  L.  T.   '^l'2,  where  the  money  was  payable 
by  the   plaintiff  nnder  an   award,  and   the  plaintiff  had 
abscondetl ;  and  see  the  cases  occurrin<^  in  administration 
actions,  ;)u.s/,  p.   IflO.     N(»r  is  the  ri<,dit  to  set   off  inter- Not  inter- 
fered with  bv  the  ordinary  .';t)lieitor's  lien  for  eo.sts  (Prin<iU'  [^^'^'^'^}^^ 

-'  ^  *'       by  80I1C1- 

V.     (iliHif/ ;    liahtirtx    V.    liuer,    8    Ch.    1),      11»,S;    McrCCr    v.  tor's  lieu. 

iirnve^,  L.  K.  7  (^  V>.  4!»l>)  ;  but  see  ex  parte  Cleland,  2  Ch. 
808.  But  co.>ts  will  not  be  set  off  against  sums  due  on  an 
unascertained  account  [Wliallrif  v.  Rifinn'fr,  8  L.  T.  40!)). 
Ill  Wriff/if  v,  C/inril,  1  Drew.  70-,  where  the  bill  was 
dismissed  with  costs  as  aj^aiust  husband  and  wife,  (ktVnd- 
iug  jointly,  so  far  as  it  charged   the-   wife's  separate  estate, 

in<I  other  payiiienls  were  ilirected  to  be  made  b\  the 
iiusband,  it  was  lieM  that  the  costs  being  payable  on  the 
husband's  .sole  receipt  (see  i>osf,  Ch.  VI.,  s.  VIII.),  a  sct-otf 
aro.se.  Costs  payable  under  different  orders  in  the  same 
.suit  may  also  be  set  off  against  each  other.  In  Jir>/<iii  \. 
Saloon  ()innil>iiH  Co.,  4  Drew.  .'}4(),  the  j)laintilV  liad  been 
ordered  to  pay  the  costs  of  a  motion  in  the  cause  refused, 

'lid  suUsequently  the  defendant  had  to  j)ay  to  the  jjlaintitV 
other  costs;  e.xecution  having  pn.'viousjy  i.ssued  for  the 
first  set  of  costs,  it  was  held  on  motion  that  the  defend- 
ants were  entitled  to  a  .set-off  on  their  undertakinjj:  not  to 
levy  more  than  the  balance.  In  CatiuU  v,  Siiiioiis,  G 
Beav.  304,  costs  ordered  by  the  Master  of  the  Rolls  to  be 
paid  by  the   plaintitT  to  the  defeudaul    were  ordered,  on 


131 


C('8TS   (<r   AS   ACTIOS   GESEItAl.LY, 


Where 

kccitictt- 

oniittfNl 
from  tho 
docrw. 


motion  before  the  Master  of  tlic  RoIU,  to  be  set  otT  apiinht 
costs  oidereil  by  tin*  Loni  Chat  "  *  '  i»ai<l  by  tho 
(lefcnclant  to  the  plaintifT.     In     i  >>  v.  Civnley, 

'A  K'[.  lUn,  costs  of  a  suit  were  set  off  against  cost«  of  a 
Kununons  to  vary  a  certificate ;  ami  see  Rit^ntrts  v.  T 
.S  Cl>.  \y.  lOH,  where  the  defendant  chanj^cd  his  soli  ..  . 
between  the  two  orders.  CostA  |)ayable  in  two  8tiit«  in 
Chancery,  in  which  the  same  ctttato  wai»  beinjj  vA- 
niinistore«l,  c«iid«I  Ik?  wi-t  ofTone  H^'ainst  t'  *'  r  i/^r  v. 
Pain,  4  Ha.  •J'i*»»  ;  but  not  thr  cornts  of   .  .:  linst  tho 

coots  of  an  action  at  law  between  ihc  same  parties, 
{Wrltjht  V  .Vw'/iV.  1  S.  A  S.  206).  Tlio  fV.urt  of  V  ' 
ruplcy  follows  the  practice  of  the  ohi  Court  of  Chai. 
in  this  respect;  neo  ex  ftarte  Orijfin,  in  rt  Adams,  14 
eh.  1).  37  ;  ll*  L.  .1.  Kkcy.  28 ;  2.H  W.  K.  714 ;  42  L  T. 
704,  wluTo  the  Court  of  Ap{X'a]  refus<il  to  allow  the  co<its 
of  pnxMiilings  in  the  Queen's  IVnch  Division  to  bo  set  off 
apainst  costs  of  proceedings  in  l»ankruptcy.  Nor  ift  there 
any  right  of  s<-t-olf  undi-r  r.  1I>.  s 

hap|x;n  to  bo  the  same,  the  pro.       .    ^  u 

arc  incuiTCtl  arc  really  s(>|>arato  and  distinct  {Barleer  v. 
Jlrmming  (C.  A),  5  Q.  B.  I).  (309). 

After  a  decree  was  passetl,  tho  Court  n-fu^ctl  on  pctilinn 
t«»  give  a  dtftiulant,  wIio.hc  co«ii»  were  acciihntally  oinitlrd 
from  the  decree,  his  co8t«  of  tlic  suit,  although  ho  was  a 
mere    trustee,   and    would    have    l>een  '  '    m 

(Cu/m</n  V.  ^•arc7/,  2  Cox,  200).    hi  A.  >; 

(2)  27  Beav.  -171,  the  costs  of  certain  parties  were 
ordered  to  be  |vud  out  of  a  fuml,  previoiLs  to  its  distribu- 
tion, to  a  firm  of  solicitors,  who  had  acte«l  for  thera  since 
1S40,  but  were  not  their  solicitors  on  the  reconl ;  another 
linn  who  ha«l  acted  till  1S40  and  had  not  been  changed, 
haviiig  IkuI  no  nftice  till  the  fund  wa.s  di.stribulcd,  obtained 
on  jK>tition  an  order  for  the  p;iyment  of  their  co.sts  by  the 
beneficiaries.  As  to  the  means  of  recovering  costs  re- 
ser\ed  till  tho  hearing,  and  then  omitted  to  be  disposed 
of,  see  ant(\  pp.  41>,  ')0. 


COSTS    OF   TUE   ACTIOX.  135 

The  mere  fact  that,  after  action  brought,  the  defendant  Whether 
has  conceded  to  the  plaintiff  the  principal  relief  sought, '^^  jj'"J^"^ 
does  not  disentitle  the  plaintiff'  to  bring  the  action  to  trial  o^^  *'^o 

e  t  r  •  y    •  ^  i         question   of 

lor  the  purpose  of  getting  his  costs ;  but  where  the  costa  alone. 
parties  Iiave  compromised  the  action,  so  that  everything 
is  settled  but  the  question  of  costs,  the  Court  will 
refuse  to  decide  the  question  of  costs  at  the  trial :  2>^'' 
Jessel,  M.  R.,  in  Ston-  v.  Corponition  of  Maidstone, 
W.  N.  (1S7.S)  211)  ;  and  sec  further  on  this  point,  Bobcrt.t 
V.  Bof)€rts,  1  S.  &  S.  3!)  ;  Gibson  v.  Lord  C)'(inlri/,{j  Mad. 
365  ;  Whafle>/  v.  Lord  Sujffield,  12  Beav.  402  ;  Kellij  v. 
Hooj^r,  1  Y.  i^'  C.  C.  C.  1!»7  ;  FradcUn  v.  ^Vdhr,  2  R.  .t 
M.  247;  linnjcsH  v.  Jlills,  2(!  Beav.  244;  BunjCiis  v. 
Hatdy,  ibid. '1\\)\  Morgan  v.  Great  Eastern  lit/.  Co.,  I 
H.  »t  M.  78;  Grilfin  v.  liradi/.SO  L.  J.  Ch.  13()  ;  18 
W.  R.  1.30.  But  the  j)laintitf  should  imt  iuing  the  cause 
to  a  hearing,  without  tirst  applying  for  the  defendant's 
consent  to  have  the  costs  disp<xsed  of  on  motion  ;  see  ante, 
p.  7h.  AViiere  the  matter  in  dispute  inis  been  deter- 
mined otherwise  tlinn  by  the  parties  tliemscivcs,  the 
Court  will  always  hear  the  cause  for  the  purpose  of  deter- 
mining the  question  of  costs  (Lamled  Estates  Co.  v. 
Weeding,  W.  N.  (1.S71)  14MK 

As  to  what  costs  are  included  in  the  costs  of  the  action,  What  mo 
see  "  Costs  of  Demurrers,"  ante,  p.  2(1  ;  "  Costs  of  Amend-  Srac'tion. 
ments,"  o»^',  p.  32;  "  Costs  occasioned  by  scandalous  and 
embarrassing  matter,"  ante,  p.  3(i  ;  "  Costs  of  Motions  and 
Petitions  generally,"  ante,  p.  4ti  ;  "  T.ixation  of  Costs,"  post, 
ch,  VIII.     The  costs  of  speaking  to  the  cause  on  minutes  Cost*of 
may  also  bo  inrluilcd  in  the  costs  of  iIk'  cause.     "  Jf  there  ''P<''»'*'"g 
is  fair  ground  fur  the  a])plication,  and  there  has   been   no  minutcH. 
improper  opposition,  the  costs  arc  usuallv  made  costs  in 
the  cause  ;  and  the  decree,  &c.,  is  often  post  diited,  so  as  to 
include  the  costs  of  the  day." — Seton,  p.  1 540,     But  a  party 
moving  to  vary  the  minutes  as  settled  by  the  Registrar 
does  so  at  his  own  peril  as  to  costs  {Prince  v,  lloinird,  14 
Beav.  208  ;  lirHish  Dynamite  Co.  v.  Krch.-^,  2.')  W.  R.  84G). 


13G  rOPTS   OF   AS    ACTIOS   GENERA I.I-V. 

Where  If  tlio    i»Iaiiilirt'  does   not   apj^onr  wluii    llit-    a<t:'>n    is 

nlXs"      called  (.n  for  trial,  the   (kfcMidaiit,  if  he   haj>  no  counter- 

.i.fntiit  at    claim,  will  lie  entitled  to  jiulj^ent,  dismissing  the  action 

the  truL     ^.^j^  ^^^^^  (R.  S.  ( '.  Urd.  XXXVI.  r.  19  ;  FarrcU  v.  WnU, 

3G  L.  T.  95) ;  without  proving  that   he   has   liccu   served 

with  notice  of  trial  (.hnnfs  v.    Crov,  7  C'h.  D.  410;  47  L. 

J.  Ch.  2()();  20   W.    K.   230;  ;}7    I..   T.  749;  Hotmin  v. 

linhnnn,  22  S.  J.  7<»  ,    AVy/*/    '      '  7  Ch.  I).  MWl;  47  L. 

J.  l'.k< y.  24  ;  20  W.  U.  22:»  ,  ■  • .  Joy«r.  7  <  'h.  D.  .'>C  ; 

47  L  .1   Ch.  148;  2G  W.  R  41 ;  37  L.  T.  42«,  is  overruled 

Test  action,  on  this  point).     A   to«t  action   ha.s  Wen  disnii.s.Hotl  with 

cost«  under  thin  Order;  see   Hohiuson  v.  Chudwick,  7  Ch. 

D.  87H  ;   26  W.  R  550 ;  but  anotlur  may  be  suUlituted 

for  it   {Amo8  v.  Chculwkk,  9  Ch.  D.  459;  2G  W,  R  H40; 

39  L.  T.  53).     In  fl       '  '  .....  .y 

in  such  an  action  hi  .        t 

costs  by  the  other  plaintiffs  (ibid.).  Where  the  action 
had  abated  by  the  bankruptcy  of  the  sole  plaintifT,  and  no 
notice  of  thi*  action  had  Ix'en  hcrvrtl  on  the  tru.stee,  the 
action  waji  hiniply  struck  ont  of  the  li.-it  {KUh'idtjt  v. 
Jiurgcs«,  7  Ch.  I).  411).  If  the  defendant  has  a  counter- 
claim, hf  must,  in  order  to  obtain  i  '  !  uu  it,  prove 
KUth  claim  *»o  far  as  the  burden  o!  .  •  s  ujion  hiin 
(R  S.  C.  Onl.  X.XXVI.  r  l:»  For  the  fonuer  practice, 
where  the  plaint ilT  mad«'  default  at  the  hearing,  sec 
Beame.s,  23C  :  Snuth'sCh.  Pr.  C05  ;  Z'^".  v  A''  '  -  M  ..1. 
21  ;  JiiHjers  v.  6'oo/y,  17  Ve».  130. 
VThcre  Similarly,  if  the  plointiff  ap|>ears,  and  the  defendant 
dcfoH.iant  I  jj^.  jjj^.  plaintiff  mav  prove  his  claim  .so  far  as  the 
dof.viit  at  burdon  of  proof  lies  on  him  i^R  S.  C.  Onl.  XXXVI.  r.  IH); 
*  '  '"**  ■  aji'l  the  Court  will  then  give  him  such  decree  as  he  may 
be  entitled  to.  The  plaintiff  nted  not  prove  service  of 
notice  of  trial  {Charlton  v.  Dickie,  13  Ch.  1).  100;  over- 
ruling Cix'L^hvtt  V.  lA>ndon  Cab  Co.,  47  L.  J.  C  h.  120; 
2()  W.  R.  31).  In  Williams  v.  Brisco,  29  W.  R  713,  a 
defendant  obtained  an  onler  to  set  aside  a  ju«lgment 
which    had    been    entered   again.st    him    in    default,   and 


COSTS    IN    CHAMBERS.  137 

liberty  to  appear  and  defeiul  the  action,  upon  tlie  terms 
of  paying  to  the  plaintiff"  all  his  costs  of  the  action  sub- 
sequent to  the  delivery  of  the  statement  of  claim.  As 
to  the  former  practice,  see  Hakewell  v.  Webber,  0  Ha. 
541  ;  Browne  v.  Smith,  o  Jur.  119-3  ;  and  notes  to  Cons. 
Ord.  XXIII.  r.  12,  in  Morgan's  Ch.  Act.s  and  Orders, 
4th  ed.  A.><  to  the  terms  on  \vhich  an  action  dismissed 
for  non-appearance  vf  the  plaint iti"  may  be  restored,  or  a 
judgment  obtained  through  non-appearance  of  the  defen- 
dant may  be  set  aside,  see  ante,  p.  Of. 


Sfxt.  X. — Costtf  of  Proceedintja  in  Chamber.^. 

If  any  party  appears  upon  any  application  or  proceetl-  r.irty  im 
iuff  at  chambers,  in  which   he  is  not  interested,  or  upon  Py^T"!-^ 
which,  accopling  to  the  practice  of  the  Court,  he  ought  « ill  got  no 
not  to  attend,  he  will  not  be  allowed  any  costs  of  such  ap-  ,ioing. 
pearance,  unle.s.s  the  Court  or  judge  shall  expressly  direct 
such    costs    to    be    allowed     (U.    S,    C.    (Costs)    Schcd. 
r.  21).     And  by  Cou.s.  Ord.   XL.  r.  2n,   parti<«s  attending 
proceedings  in   chambers  without  previous   leave   (»f   the 
judge,  get  no  costs  unless  by  special  order. 

To  entitle  a  person  interested  in  an  administration  Spnial 
action  to  the  costs  of  atten<ling  proceedinf(S  in  chain-  "7/ ^^i'" 
bers  under  the  decree,  he  must  attend  by  special  leave 
of  the  judge  ;  if  he  attend  under  the  common  order 
without  special  leave,  he  may  be  ordered  to  pay  not 
only  his  own  co.st.s,  but  also  the  e.xtra  costs  occasioned 
by  his  attending  unnecessarily  (Shurjf  v.  Lush,  10  Ch.  D. 
4G8  ;  1^7  W.  II.  :)2.S  ;  Re  .}faniluill,  lioirijer  v.  Marshall, 
\V.  N.  il.sT'.b,  12;  and  .see  \l  S.  ('.  Ord.  XVI.  r.  12b. 
(April,  US.SO),  poiil,  p.   1  <»()). 

"The  law  stands  in  this  way,  that  any  persons  in- 
terested wIk;  ought  to  be  served  can,  under  the  general 
practice,  attend,  as  of  course,  the  })roceedings ;  but  that 
does  not  entitle  tliem  to  the  costs  of  attending.      That 


138  COSTS    OF    AN    A<^TIOS    GF.NFnALLV. 

is  (k'terniiiicd  l»y  tlic  judge  in  chambers,  who,  under  a 
general  order,*  decides  Avhat  parties  interested  in  the 
estate  shall  attend  the  taking  of  the  accounts  at  the 
cost  of  the  estate  ;  that  is  the  subject  of  a  sj>ecial  ap- 
plication. I  cannot  prevent  anyb<Mly  attcn<ling  the  pro- 
ceedings ;  if  there  were  tifty  |>eople,  I  could  not  prevent 
them  instnicting  fifty  solicitors  to  attend  all  the  pro- 
ceedings ;  but  if  they  did,  they  wouhl  not  only  jwiy  their 
own  costs  where  I  found  forty-eight  of  tliem  unnece«- 
sary,  but  I  shoidd  njake  them  pay  the  extra  c«»sts 
occai«ionc<l  by  attending  unnecessarily.  That  has  always 
l»een  the  practice  in  my  eliaml»or?*  since  I  have  had  the 
honour  of  sitiih','  Int.- "'  tSli't,i>  v  I.n-li  10  ( *h  1)  47"^ 
/M-r  Jesse),  M.K 

By  Cons.  Ortl.  XXXV.  r.  20,  the  judge  may  uumtnati; 
one  solicitor  to  represent  a  class ;  and  any  nn-ndwr  of  the 
class  who  insists  on  l>eing  reprcscnteil  by  a  diflTcrcnt  so- 
licitor must  pay  his  own  solicitor's  costs,  and  also  all  the 
extra    costs    «M-.  :    by   his    Wing    s<|virately  repn*- 

sented  ;    ami  s'       ,  p.    \>^*K      If   the    -ame    solicitors 

appear  foi  different  parties  in  the  same  suit,  the  costs  of 
only  one  attendance  in  chaml>eni  can  be  allowed  ;  but 
the  solicitors  may  have  separate  sets  of  costs  of  briefs  to 
ctuinsel,  and  fi>r  ciwts  out  of  chaml>€rs  (linncn  v.  Gel- 
hithj,  W.  N.  (1HC7),  190;  16  W.  R.  H87 ;  IG  L.  T.  553;. 
And  where  a  receiver  pa.sj»ed  his  accounts  in  chanil)ors. 
an<l  the  same  .st»licitor  ap|K«are<l  Inith  for  him  an«l  for 
one  of  the  parties  in  the  suit,  only  one  copy  of  the 
account  was  allowed  (Slitirp  v.  Wvlglit,  1  K<j.  034). 
CoiU  of  The  costs  of  counsel  attending  at  chambers  will  not  be 

Mt"ndinc  nllowcd,  uulcss  the  judge  certifies  it  to  be  a  proper  ca«e 
fti  fhi\m.  f^^r  counsel  to  attend  (H.  S.  C  (Costs)  Sched.  r.  14). 
This  rule  is  from  Cons.  C)rd.  XL.  r.  29.  Costs  of  counsel 
are  allowed  in  all  cases  at  the  Rolls  without  certificate, 
except  in  applications  for  time  [Webb  wfitzgemld,  W.  N. 
(1875),  244). 

•  Cous.  Ord.  -\.\XV.  r.  IC 


COSTS    IN    CHA^ICERS.  139 

Wljere  a  summons  is  adjourned  into  Court,  the   Court  Where  a 
is  to  be  understood  to  certify  that  it  is  a  proper  case  to^^T""""^'* 
be  heard  by  counsel,  unless  the  contrary  is  stated  (Gre-  '^ntrcourt. 
ville  V.  Grcville,  S  W.  R.  130;  o  Jur.  N.  S.  1237;  Graham 
V.  Graham,  Johns.  624).     On  an  adjournniont  from  eham- 
bers,  costs  are  reserved  without  express  iliroction  {Wallis 
V.  Bastard,  2  W.  K.  47  ;  and   see  Leeds  v.  Lcwh,  3  Jur. 
N.  S.  120O;  Dickrn  v.  JLnner,  2  L.  T.  276).     Where  the 
summons  was  adjourned   into  Court,  and  the   point  was 
then  considered  unarguable,  the  costs  were   maile  part  of 
the  costs  of  the  proceedings  in  chambers   (lie  Mitchell 
33 J..  J.  Ch.  187;  12  W.  R.  30;  0  L.  T.  282;  9  Jur.  N.  S.' 
1272  ;  but  .see  Clark  v.  Siynpsmi,  17  L.  T.  .5.")I)). 

Where  a  .Simmons,  wiiidi  ought  to  have  been  brought 
before  the  judge  personally  in  chaml)ers,  was  adjomned 
into  Court  at  the  suggestion  of  all  parties,  V.  C.  8tuart 
not  only  did  not  make  the  party  taking  out  the  summon.s, 
who  entirely  failed,  pay  costs,  but  gave  him  £5  for  costs 
{HallUcj  V.  Hrndtrsiin,  4  Jur.  N.  S.  202). 

Where  defendants,  who  had  been  ordered  to  produce 
document.s,  omitted,  in  their  original  affidavit,  to  state 
their  desire  to  .seal  up  j.art  of  a  buok,  the  costs  of  a  sub- 
sequent summons  fur  leave  to  do  thi.s,  were  made  costs  in 
the  cause  {Talbid  v.  MarshficUl,  1  Eq.  G). 

If  an  adjournal  summons  is  refused  with  costs,  this  in-  co.,t5 
eludes,  as  a  rule,  not  only  the  costs  of  the  adjournment  '^''<^'"<' 
into  Court,  but  also  the  costs  uf  the  summons  in  chambers  rcfuscT 
(Re  Ijistone  Park  Co.,  W.  IS.  (1.S70).  7  ;   is  \V.  K.  i>s.-,  ; 
Beach  V.  Slrddon,  3J)  L.  J.  Ch.  123;  .1A«(/,- v  (,///  •>!' 
L.  T.  7<>4;  W.  N.  (IWU),  27()j. 

Costs  follow  a  reversal  of  a  decision  of  a  judge  at  cham- 
bcrsi  (Frirnd  v.  Lumlon  Chaihaiu  <t-  Dover  Rail.  Co. 
2.-)  W.  R.  73:.).  In  Real  d-  Personal  Advance  Co.  v 
McCarthy,  14  Ch.  D.  188;  28  W.  R.  418;  42  L.  T.  48, 
where  the  defendants  had  offered  in  chambers  what  the 
Court  considered  j.ropcr  term.s,  the  plaintiffs  were  ordered 
to  pay  the  costs  of  the  adjournment  into  Court, 


»fi«n<lonc<l 
tiummonji 


110  COSTS   OF   AK    ACTION   GENEltAI.I.V. 

\Vli(  TO  the  clji«  f  cK  rk'h  cortifiaito  \va,s  rcftrro<l  luick  to 

liiin,  and  subsctjuently   cunlirnicd,   the   Court  under  the 

circMnisLances  refused   to  make  any  order  as  to  the  costs 

of    tlie  Mimmons   and    subsequent    references    {Kdhj   v. 

Hoihn',  2'J  L.  T.  :j.s7i. 

Conu  of  The   costs  of   a  summons   taken   out  ami    abandunc*!, 

must  be  paitl   by  the  i)arty  taking  it  out  (Linter  v.  licU, 

7}  Jur.  N.  S.  II'));  and  see  Tucker  wJIcrmnnav,  -\  L  J. 

i;h.  4.')(;. 

Where  As  to  attendances  At  judges'  chambers,  where  by  reason 

«"""n."iX    of  the   nun-att<'ndance  of  any  party  (and  it   is  not  con- 

pn^wfU-l    j^idered  cxp<'<lient  to  pnx*tH.'d  »v  ]xirlf).i*T  where  by  reason 

through       of  the   negh'ct  of  any  jxirty  in   not  Wxug  pre|)ared  with 

"ttf  (I        ""y  P'^^M'*^''  fvidenoc,  account,  or  other  proceeiling,  the  al- 

or  nptlcrt    tcn«hinci'  is  adjuurncHl  without  any  UM.-ful  propres«   l»oinjj 

of « i^nriv.   ,,„nj(.  (|„.  jud^'e  may  onUr  hucli  an   amount  of  co*l>  (if 

any)  as  he  sliall  think  reasonable  tu  bo  paid  to  the  {tarty 

attending  by  the  jMirty  >«»  abr%«nt  or  "'\\,  or  by  his 

solicitor  jHrsonally  ;  and  the  party  • ..i  or  neglectful 

is  not  t«)  be  allt)wed  any  fee  as  against  aiiy  other  party,  or 
any  ctttate  or  fund  in  which  any  other  party  is  interested 
(U.  S  ('.  (Costs)  Sthetl.  r.  II).  Thih  rule  is  from  Cons. 
Old.  XL  r.  ;J1 ;  and  .see  also  Cons.  Urd.  XXXV.  r.  II. 

As  to  the  |K)wer  of  the  judge  or  master  t«i  allow  extra 
fees  for  long  attendance  at  chamln*rs,  «)r  for  eases  of  diffi- 
culty, see  H.  S.  C.  (Cost>)  Schetl.  r.  H» ;  and  as  to  co.-t.s 
of  uuni'ce.sMvry  or  impro|)or  matter,  see  ibid.,  r.  18,  untr, 
p.  :V.y  As  to  the  costs  of  cretlitors  proving  their  claims 
in  chambers,  ."Jeo  Cons.  Onl.  XL  rr.  :i4.  '2.'i,  jHj«t,i'\i.  IV.,  s. 
II.  As  to  the  costs  of  members  of  a  class  or  next-of-kin 
proving  tluir  titKs  in  chaml»ers,  see  poet,  ibiJ.  As  to 
the  costs  of  a  purchaser  in  a  sale  under  a  d«  ■  ', 

Ch.  VI.,  s.  X.     And  as   to  liie  co.-ts  of  j»iuC'  _  r 

the  Companies  Acts,  see  jH>8t,  Ch.  \'  .  -    1. 
An»no.v  r-.v    K.  S.  C.  (Costi>)  ,^-hed.  r.  iia.  (April,   18M)>.  the 

tionsfor  j^  ^^f  .^n   application  for  further  time,  iu  the  absence 

tunc.  II 

of  any  order,  are  in  the  discretion  of  the  taxing  master. 


COSTS   OF   APPEALS.  141 

SkcT.   XI.— CcWs  (»/■■  .4^)^/(v/.s-. 

1. — III  the  Court  of  Appeal. 

By  H.  S.  C.  OrI.  LVIII.  r.  15,  "such  deposit  or  other  Security 
security  for  tlio  costs  to  be  occasioned  by  anv  appeal  shall  ^""^  '^^^^  °^ 

bi  •  'f         ^       rr  appeal  : 

e  nia.le  or  given  as  may  ho  dircctod   under  special  cir- ll.  s.  o. 

cumstances  by  the  (.'ourt  of  Appeal."'     Tnder  this  rule  Lvii, 
Beciu-ity    lor    costs    has    been    roiiuirrtl    in    the    follow i n q- i-  !;'•• 
cases  -.—Wilson  y.  Smith,  -2  ( "h.  L).  (17  ;  4.'>  L.  J.  ( 'h.  (i[)-2  ■  i^y]!" 
24  W.  R.  421  ;  .*U  L.  T.  471,  where  the  special  circum- 
stances were  the  appellant's  poverty,  and  the  ,<,aeat  length 
of  the  evidence;    Clarke)  v.   Roche.    4(i  L.   J.   Ch.  :?72  ; 
2.-)  W.  R.  .SOD  ;  :u\  r..  T.  7S,  where  a  Countv  C'ourt  iudge 

•■•JO 

was  a  resjMindent,  the  appeal  was  a  .second  appeal  in  a 
County  Court  matt<'r,  and  had  been  twice  argued  before 
the  ExchecpU'r  Division,  and  the  appellants  had  failed  to 
pay   taxed  costs  already  incurred  ;    Wa,hlell  v.  Blodeif, 

10  Ch.  D.  41(;  ;  27  \V.  R.  2;W  ;  40  L.  T.  2.S(;,  where  thJ 
appellant  w;is  insolvent,  and  three  a|.p.-als  h.id  b.-en 
brought  when  (.ne  would  have  sutHced  ;    Wii'iitn  v.  Church, 

1 1  Ch.  I>.  .')7ti  ;  27  W.  R.  S4.'i,  where  in  a  heavy  case  the 
ippellants  were  ordered  to  pay  £200  into  Court;  Smith 
V.  White,  W.  X.  (1S7!)|,  2on.  where  there  had  been  great 
delay  in  pro.secuting  the  action  ;  Stoi'/c  v.  Hoopers  Tde- 
(jraph  Works,  W.  N.  (l."S7G),  230;  Re  Tees  Bottle  Co., 
20  S.  J.  .-).S4. 

It  makes  no  dirterencc  that  both  parties  are  appealiu"- 
{Deuce  v.  Afason,  W.  N.  (l,S7l»),  31). 

The  fact  that  theap])ellants  are  foreigners  not  domiciled  Api.elknt 
in    Kngland    is   a   "special   circumstance,"    entitling   the  j^^'S'i 
respondents    to    security    (Grant    v.    Banque    Franco- ^^^'>^^- 
t:<jyptienne,  2  C.  P.  D.  430 ;  47   L.  J.  ( '.  P.  41  ;  2G  W.  R. 
li«  ;  3H  L.  T.  022;    Xnersnoss  Shijtpimf  v.  Ro)jal  Mail 
Co.    \V.   N.    (1.S8U),    133).      So    where    the    appellant   is 
resident  out  of  the  jurisdiction  (Re  Kathleen  Mannirneen 
W.  X.  ris7M),  21o). 


11-2  fOKTS   or   AN   A«  rioS   OESERALLV. 

Inuolvent  If  an  :i)i{>4llaiit  is  insolvent  and  the  Court  is  of  opinion 
•M*  nt.  ^j^^^  j^^,  j_^  vexatiously  and  unroasonaldy  prosecuting  the 
ap))oal,  ho  will  he  ordered  to  give  security  ( Usil  v.  BrtaAey, 
3  (;.  P.  I).  2(K;  ;  2(]  W.  II.  :M\).  Wlure  the  ipitsti.m 
at  issue  ha<l  n<»t  Imou  j>reviousIy  considereti  in  a  ( '«»urt  of 
Error,  the  Court  of  Appeal  refused  to  onler  an  insolvent 
appellant  to  give  s«'curity  {Rourke  v.  White  Mom  CoUUry 
Co.  1  C.  P.  D.  550). 
VotcTij  of       'i'Ij^j  iiK-rc  poverty  of  the  appellant,  it  is  now  Rottlc*!,  is 

nii|*fllAnt.  .  ,-'  .,  •/»»  It 

sumcient  groun«i  for  rc«piinng  secunty  (//«  Ah/i- 

Urnj.  1!>  ( 'h   I).  Hi  ;  :W  W.  U.  1 12  ' 

Smith,  \V.  :<. '\SS0),  lOi.     An  api 
liahlc  to  give  security  ought  t«)  oflfcr  it  without  waiting  for  an 
application  to  lie  made  l«i  the  (  ourt,  and  !«uch  off»>r. 
nhlf,  ought  to  Ixj  a4-cepte«l.     If  afterward-*  an  apj... 
is  nia<le  to  the  <'ourt,  the  Court  in  dealing  with  the 
will  consider  whoM  conduct  made  the  application  n« . . 
nary  (The  Cou.'^t      ''        'V    !'    '  '  '     27  W.  It  7*7). 
At>v>e9J  Wherever  an  nding  up  a  ciin)|)any 

wl'nJing  u|i  '""^  hccn  Hiadc,  and  that  order  is  appealed  fmm  hy   the 
onlcr.         c«»m|>iiny  itstlf,  withont  any«'; 

for  costs,  the  Court  will  W  i  — .  ,  , 

tion  for  security  (/a  re  Diamond  Fuel  Co.,  13Ch.  I).  4(KJ ; 
2s  \V.  U.  3(H>;  41  L.  T.  373). 
Apptica-  An    appli     '         '  '^ity    nmst    alwav>    in-    n».i<ie- 

be  tujulo      promptly,   <  U*   nfusid    ff  «>r;vmi/io7i  of 

pwnipUy.    SnUaaJi  \\  (iowhnan,  W.  N.  (1880)  107' 

In  (ritiiit  V.  liiin'/ur  Fiiiuco-I'  'if,  I  C  P.  I>.143  ; 

2i  \V.  K.  331) ;  34  L.  T.  470,  it  w.u  ...  . aat  after  the  cost^ 
incident  to  an  appeal  had  l)cen  actually  incurred  by  the 
respondent,  and  after  the  time  had  been  fixetl  for  bearing 
the  apjHal.  it  wa=  too  late  to  apply  for  security;  and  see 
/;./•  ^Kuti'  //»//«7u';m  o)hI  Homer,  \V.  N.  (ls70),  91).  The 
applicant  must  of  course  make  good  the  grounds  on  which 
his  application  is  liased,  otherwise  it  will  lx»  dismissed 
{Potter  V.  Cotti.u,  W.  N.  (1h70),  204). 
OrJcr  It  is  not  the  practice  of  the  Court  of  Appeal  when  order- 

to  v;>*'« 


COSTS   OF   AITEALS.  14B 

ing  an  appellant  to  give  security  for  costs  tu  fix  a  time  security 
^vithin  which  this  is  to  be  done  {Polini  v.  Gray,  Sturia  y-^^u\[ed 
Freccia,  11    Ch.  D.  741  ;  28  W.  R.  81;   40  L.  T.  8C1,  ^'t^ 
explaining  on  tins  ponit,  in  re  li'orii,  10  Lb.  D.  3 /  2)  ;  reasouuUo 
if  the  orJor  is  not  complioil  with  in  a  reasonable  time,  the  ^""*^ ' 
resjiondent  may  move  to  dismiss  the  appeal  for  want  of 
prosecution;  but  what  is  a  '' rea.sonable  time,'  must  de-   ,., 

1  '  'or  tlie 

pend  on  the  circumstances  i>f  each  case  {Polhii  v.  (rrai/. 'UM'^"'* 
Sturia  V.  Freccia  ;  Vale  v.  Oppert,  5  Ch.  D.  G3.S  ;  "2 ")  W.  R.  ais,„i^ed. 
010).  "Where  an  appellant  had  neglected  to  com))ly  with  the 
order  for  nine  mouths,  the  appeal  was  dismissed  with  costs 
for  want  of  prosecution  (Judd  v.  Green,  4  Ch.  D.  784  ; 
4(;  L.  J.  Ch.  l>:.7  ;  :2-.  W.  R.  293  ;  S.')  L.  T.  873) ;  and  see 
L\c  jHirte  [sii'irs,  In  re  liiium,  10  Ch.  1).  1  ;  47  L.  J. 
Rkcy.  HI;  27  W.  R.  2U7  ;  3!)  L.  T.  :)20  ;  Kanitz  v. 
ScurboroiKjIi,  W.  N.  (187vS),  21(!.   <»"  o>^<6*^u.(^  o*^ h  l\r 

Security  may  bo  ordered  either  by  payment  into  Court  ivounty 
or  by  bond  with  sureties  {Phoaphaie  Seirage  Co.  v.  JIart-  ''^''*'  '"^  ^ 
nioiU,  2  Ch.  I).  .Si  1,  where  security  was  ordered  to  be  given 
for  £2(M),  the  costs  of  the  ai)plicali«»n  to  follow  the  costs  of 
the  appeal). 

It  is  not  necessary  to  obtain  leave  to  serve  an  appellant 
with  notice  of  motion  for  security  for  co.sts  (Grills  v. 
Dillon,  2  Ch.  1).  32.-.  ;  4:.  K.  J.  Ch.  432  ;  24  W.  i:.  4M  ; 
34  L.  T.  781). 

The  Court  of  Appeal  can  •re(juire  such   security  as   it  iiankruptoy 
thinks  fit  to  l)c  given  for  the  costs  of  a  bankruptcy  appeal,  •''i'i>«»'- 
notwitlistanding  rule  145  of  the  Bankruptcy  Rules,  1.S70 
{Ex  parte  Isaacs,  in  re  Baum,  9  Cii.  1).  271). 

Upon    an    appeal     from    the    Admiralty    Division    the  Aamimlty 
Court  of  Appeal  refused  to  order  the  defendant  to  give  ^Pl'^"'''*- 
security  fur  costs,  although  his  ship  had  been  arrested  and 
released  on  bail,  and  he  had  obtainctl  a  stay  of  execution 
pending  the  appeal  {The   Victoria,  1    V.  1).  280;  24  W. 
R.  590). 

Under  the  ])ractice  in  chancery  a  deposit  of  .€20  was  pormpr 

required   in  all    cas.-s    win  it-   a    p.'tition    <if  aiipi;!)   ,,r  re- P'-'"''''-''-' '" 

chancery. 


Ill  ((»1>   i'.|     \S     \.  ;ir.N-   «^>VskI:  vl.I.Y. 

luariiig  was  |»rts«.ijlctl,  bui  ilti.-»  aiat»wj»l  imglii  l>c  iiicrca.se«l 
in    u    |)iop-r   caKo    ((\irpoi>>f'<''    •>''    /A'«'<'";-    v     J>;iU 
U  Cli.  7')S). 
R.  S.  c.  ]iy  R.  S.  C.  Ord.  LVIII.  r.  b,  the  Court  of  Appeal  has 

^'^l  187i''  p<^>W(r  to  make  sucli  order  a.s  to  tlio  costs  <»f  t!u-  ap|»oaI  as  inav 
A  Mirr.^..  sfiiii  just,  "rndt  r  till'  h<\v  law  costs  arc  in  tin*  tli>crcti«»u 
fill  a,.iKii.  ,^j-  ^|,p  (j,j„rt  ;  and  thu  opinion  of  llie  judge«of  the  Court  of 

mil  will,  M  ,  111  -    •  ••  n 

A  K^MH-ral     ApjXial  is  that,asaj(cnoi-al  ruh',  thi- ^  11 

ruu-.n.t     j,t.i|,iHCi>Ht.H.     ThcoKlnilcof  thi.sC*.   .    .— 1    -  :  il 

lilt  OMt*.  f^ 

ap|K-llaiit  haii  to  boar  hin  own  Ci»i»,  is  uo  longer  to  be  acted 
u|K>n  unless  the  particular  Court  in  the  particular  case 
shall  make  an  order  to  the  contrary;"  Mminntudum 
1  Ch.  D.  41,  /xtr  Janus,  L  J. ;  Oliixtnt  v.  Wriyht,  45  L.  J. 
Ch.  1.  And  see  Ci-aclruaH  v.  Junson,  11  Ch.  D.  1.  23; 
27  W.  R  h.')!  ;  40  I^  T.  CH)  ;  and  for  the  furuur  pr.i. 
Denny  v.  llnnccHk-  (N«>.  2)  U  Ch.  138.  The  rule  nj  ; 
to  A«lniiralty  appeaU  (The  Condor  v.  Titt  Smtnaea,  W.  N. 
(1879),  G7;  The  City  of  Bei-tin.  2  P.  I).  187;  2:.  W.  K. 
7H.'l);  to  appeals  from  the  Palatine  Court  (AndcisuH 
V.  Wchhy,  W.  N.  (\S7C,),  2:U);  and  see  Ue  v.  XnlUdl, 
\'2  « "li  1).  r.l  :  I..  County  Court  ap|K>alH  {AtJiiy  v.  S<dtj- 
ir/VA,  ].'»  Ivj.  24.'>);  an«l  to  liankruplcy  ap|M-als  [K'r  jnirlf 
Muaters,  1  Cli.  D.  113;  43  L  J.  Hkoy!  18  ;  24  \V.  K.  113  ; 
33  L.  T.  G13).  But  a  trustee  in  kinkruptcy  who  is  respon- 
dent to  a  successful  ap|>cal  will  not  be  onlered  to  |Miy  costs 
personally  {Kx  ixtrtr  .V/<iy>/r/on,  In  »r  yuOmn,  10  Cli.  D. 
.')8(i).  An  ap{xllant  who  faiU-d  in  proving  allegations  of 
fn\ud,  but  succeeded  on  a  mere  point  of  law,  vcus  deprived  of 
\ns  coaU  {Kx  jMwte  Cinq>cr,  in  >v  liauini,\Oi'\i.  I).  3I3);and 
si'O  in  tt  Harrison,  13 Ch.  1).  (103.  Ami  in  gonenil  when  an 
a|>pellant  succeeds  on  a  point  not  raised  in  the  Court  below, 
ho  will  be  allowed  the  costs  in  the  Court  Wlow,  but  not  the 
Costs  in  tlio  Court  of  Appeal  ;  .sec  Ilusscy  v.  JIurne  Payne, 
8  Ch.  1).  G70  ;  47  L  J.  Ch.  7.'>1  ;  aft'd,  4  App.  Cas.  311. 
In  ex  park  Harris,  in  re  James,  19  lu{.  2o3,  an  appellant 
who  succeeded  only  on  a  ground  not  raised  in  the  Court  <if 
first  instance  was  made  to  pay  the  costs  of  the  original 


COSTS   OF   APPEALS.  145 

hearing,  6€d  qu.  Wliere  the  Court  of  Appeal  reverses 
the  ilecision  Ix'low  and  dismisses  the  action  with  costs, 
tliis  will  not  inchide  costs  incurred  in  chambers  under  the 
decree  which  is  reversed  ;  to  obtain  these  costs  a  special 
order  is  uectssary  (Mirrsltull  v.  BerriJije,  19  Ch.  D.  245). 

The  Court  of  Appeal  cannot  annul  a  direction  in  a  judg- 
ment previously  delivered  that  a  third  party  shall  pay  the 
costs  of  the  interlocutory  proceedings  taken  to  bring  him 
before  the  Court,  although  by  the  judgment  in  the  action  it 
is  ordered  that  he  bo  dismissed  from  the  action  with  costs 
to  be  paid  by  the  defendants  {Beynon  v.  Godden,  4  K\.  1). 
24(1  ;  4S  L.  J.  Ex.  80). 

An  action  was  dismissed,  and  as  against  C.  and  1)., 
two  of  the  defendants,  without  costs  ;  they  both  appealed 
on  the  ground  that  the  dismissal  ought  to  have  been 
with  costs,  anil  that  an  incjuiry  as  to  certain  damages 
should  have  been  granted.  The  plaintitTs  gave  a  cross 
notice  of  aj)pcal  ;  the  cross  appeal  having  wholly  failed, 
and  the  other  appeal  having  succeeded  as  to  the  damages, 
held,  that  (.'.  and  I),  were  entitled  to  the  costs  of  both 
appeals,  but  that  the  Court  couhl  not  vary  the  order  of  the 
Court  Ix'low  as  to  costs  {Grtilumi  v.  Camj/bcU,  7  Ch.  D. 
4D0  ;  47  L.  J.  Ch.  593  ;  2G  W.  R.  33(3 ;  38  L.  T.  195). 
No  variation  in  the  order  of  the  Court  below  as  to  costs 
will  be  made  when  the  appeal  is  dismissed,  even  if  the 
(,'ourt  of  Appeal  considers  that  the  order  wa.s  erroneous, 
prtivided  that  the  judge  below  had  a  discretion  in  the 
matter,  and  has  exercised  it  as  he  thought  right  {IlarphaM 
V.  ShaHlod;  19  Ch.  D.  215). 

A  respondent,  who,  after  the  time  for  appealing  has  ex- 
l)ired,  knowingly  allows  his  opponent  to  incur  expense  in 
preparing  for  the  appeal,  without  telling  him  that  he  in- 
tends to  object  that  the  appeal  is  too  late,  may  lose  his 
costs  {in  re  Blyth  <0  Yuinxj,  13  Ch.  D.  41G).  And  if 
a  respondent  takes  the  objection  that  the  notice  of  appeal 
was  given  too  late,  and  the  appeal  is  dismissed  on  that 
ground,  the  appellant  will  not  be  ordered  to  pay  the  costs 


1  iC  COSTS   OF   AN   ACTION   OKNEIIALLV. 

of  affidavits  filed  by  tia*  respuudeijt  aflir  tlie  appeal  was 
set  down   {Ex  f^irte  Furdmif*   Vmegai'  Co.,  In  iv  Joiifi* 
1+  fli.  1).  28.-)  ;  2H  W.  R.H21  :    and  soo  Mitrhell  wVondu, 
W.  N.  (18hl),  83). 
U.  H.  C.  ]f  ,^   rt'spondcnt    omits    U\   givi-    notice   tliat    wytou   the 

LVIII.  r. C.  Iparing  of  the  apptal  he  will  contend  that  the  decision  of 
the  Cnuit  below  shoidd  l>e  varie<l,  this  will  l>c  ground,  in 
the  discretion  of  the  Coiirt  of  Appeal,  for  an  adjournment 
of  the  appeal,  or  for  a  special  onler  as  to  costs  (\\.  .S.  C,  Ord. 
LVIII.  r.  (j).  A  re.sjxiiident  who  has  given  cross  notice 
of  apfxal  under  this  ride  i«  in  the  same  position  as  to  costs 
as  if  he  had  presented  a  cr«»s.H  app«al  fllnrrinon  v.  Coru- 
wall  MInrnih  Jiy.  < '.»..  IS  C'h.  D.  .S.'H).  NVhere  there  were 
two  respondents  to  an  appeal,  one  of  whom  gave  cross- 
notice  of  ap|>eal  affecting  his  co-re.spon»lent,  the  Court 
ma<le  an  apjxirtionment  of  the  costs  of  the  ap|>eal  (ibid.). 
NVIn  re  in  the  Court  Ik-1ow  the  judge  deprive<l  the  suc- 
cessful |Kirty  of  his  ca^^ts,  and  no  notice  of  his  intention  to 
a.sk  for  such  costs  was  tjiven  by  him.  it  was  held  that  it 
was  not  ojK-n  to  him  when  res|>ondent  on  the  ap|H'al  to  ask 
for  sucli  costs  (Harris  v.  Aaron,  4Cli.  I>.  74J»;  46  L  J. 
( 'h.  4HS  ;    'J.-)  W.  R  ;j -);3  ;    30  L  T.  43). 

Where  the  ap|K.'llant  gave  notice  to  a  respondt-nt  whose 
costs  the  appeUant  luul  been  ordered  to  pay  that  no  altera- 
tion in  the  onler  as  to  his  costs  was  asked  for,  and  offen^l 
to  pay  his  costs,  the  res|xjn<lent  was  not  allowed  his 
costs  of  appearing  on  the  apjnal  (i'lnnann  v.  Klk>n\, 
7  Ch.  130). 

^Vhen  on  an  appeal  a  notice  has  Wen  given  by  the 
respondents  that  they  inteutl  to  apply  to  have  the  judg- 
ment below  varied,  and  the  appeal  is  dismissed,  the 
appellants  must  pay  the  costs  of  the  appeal  except  such  as 
were  occasioned  by  the  notice  {'Die  Lauretta,  4  P.  D.  2.')  ; 
4vS  L.  J.  P.  D.  v^  A.  .5.-. ;  27  W.  R  002  ;  4o  L.  T.  444). 
R.S.C.,  ^„y    ]K\rty   printing    evidence    for  the    purpose  of  an 

LVIII.  r.     ajipeal  without  an  order  of  the  Court  below  or  the  Court  of 
1'2,  party     Appeal,  or  a  judge  of  either,  shall  pay  the  costs  thert-.f 


COSTS   OF   APPEALS.  147 

unless  tlie  Court  of  Appeal  or  a  judge  thereof,  shall  other-  printing 
wise  order  (R.  S.  C,  Ord.  LVIII.'  r.  12).  fj;^^ 

Copies  of  the  judge's  notes  were  ordered  to  be  printed  for  appeal 
use  on  an  appeal  by  Lindley,  J.  (W.  N.  (1870),  23).     The  tLe  costs, 
charge  for  a  copy  of  a  shorthand  writer's  notes  of  the  pro- 
ceedings in  a  County  Court  was  allowed  as  part  of  the  costs 
of  an  appeal  {Ex  parte  Sawyer,  in  re  Boivden,  1  Ch.  D.  008). 

The  costs  of  short-hand  notes  of  evidence  in  the  Court  Costs  of 
below  are  not  usually  allowed  upon  an  appeal,  and  only  „p^g  ^,f 
wliere  a  j^pecial  ca,sc  is  made  for  allowing  them  {In    re  cviaenco. 
Duchess  of  Westminster  Co.,  10  Ch.  D.  307;  27  W.  R. 
.">39  ;  40  L.  T.  300  :  Kelli/  v.  Bijh-s,  13  Ch.  D.  082  ;  40  L.  J. 
Ch.  181  ;  2.S  W.  R.  5.S.7  ;  42  L.  T.  338,  where  James,  L.  J., 
said  the  Court  strongly  discouraged   shorthand    notes  of 
evidence)  ;    .see   al.so   HiU'n   Executorti   v.    M((nagers    of 
Metropolitan  Asylum  District,  40  L.  J.  Q.  B.  008  ;  28 
W.  R.  004;  W.  N.  (1880),  08;  and  .^^ee  as  to   the  costs 
of  sliorthand  notes  generally,  7)0«^  ch.  VIII.,  sec.  VII. 

Where  the  vivd  voce  evidence  was  voluminous  and  in- 
dispensable for  the  proper  argument  of  the  appeal  the  costs 
of  printing  and  transcril)ing  it  were  allowed,  but  not  the 
costs  of  taking  the  notes  by  the  shorthand  writer  {Biysbi/ 
V.  Dickinson,  4  Ch.  D.  24  ;  4(J  L.  J.  Ch.  280;  2:>  W.  R. 
80,  122;  3.-)  L.  T.  070). 

If  the  appellant  does  not  appear  when  his  appeal  is  Whoio 
called  on  for  hearing,  it  will  be  dismissed  with  costs  with-  ','j!Jkes'.k'- 
out  proof  by  the  respondent  of  .service  of  notice  of  appeal  f'»>'t  at  the 
(Ex  ixirte  Lows,  in  re   Lows,  7  Ch.  D.  100;   47  L.  J.  "'"""" 
likcy.  24;  26  W.  R.  220). 

A  party  applying  to  discharge  an  abandoned  notice  of  Costs  of 
appeal   with  costs  must  apply  on  notice  {in  re  Oakwell '^^^^^^^^ 
Collieries,  7  Ch.  D.  706 ;  20  W.  R.  .">77j ;   and  an  applica-  motion, 
tion  for  the  costs  of  such  abandoncl  notice  will  not  be 
allowed  unless  a  previous  demand  for  them  has  been  made 
and  not  complied  with  {Griffi.n  v.  Allen,  11  Ch.  D.  913). 
When  a  party  gives  notice  of  appeal  and  then  omits  to 
get  the  motion  set  down,  so  that  it  is  not  in  the  pajjcr,  the 


148  COST>    OF    AN    ACTIOS    (.KNKltAI.I.Y. 

Oilier  jiarty  sliouM  not  a)>|>cnr  l»iil  slmuM  make  a  substan- 
tivo  application  for  his  costs  (Webh  v.  Afansfl,  2  Q,  B.  D. 
117;  2.')  \V.  R.  381>).  In  a  lato  case,  A.  gave  notice  of 
appeal,  l)Ut  l>cfore  setting  it  clown  sent  a  letter  withdraw- 
ing his  notice.  The  res|K»n«i».'nt'H  solicitor,  thern' 
wrote  to  8;iy  that  he  haii  iltlivcreti  briLf-.  ainl  sh 
require  payment  of  tlic  resjionclent's  cosls  of  the  appeal ; 
to  which  A.  returne<l  no  answer.  On  motion  to  (li.smiss 
the  appeal  for  want  of  prosecution,  the  Court  made  an 
order  to  that  cftect,  and  ordered  A.  to  pay  the  costs  of  the 
appeal  and  of  the  motion  to  diNmis«.  leaving  the  ({uestion 
of  the  coHt-H  of  the  hrii  U  <hliv«  r^l  on  the  U-  dealt 

with  hy  thr  taxing-master  J'lfirit'Oi   v.  '  .  16  Th. 

D.  27H).  As  to  sen'ing  a  woond  notice  of  appeal  when 
the  first  had  not  been  net  down  in  time  and  the  contj<  in 
such  a  case,  see  ymioit  v.  I^tntlon  <£•  yoiih-WrfUru  Hy. 
Co.,  11  Ch.  1).  lis;  27  W.  R-  773;  ¥)  U  T.  .V.»7.  A 
statement  made  by  counsel  on  the  hearing  of  the  case 
brl(»w  that  he  diK^s  not  intend  t<'  '  •      f 

^^hich  the  counsel  on  the  other  .-  ■-, 

will  not  prevent  an  apiK-al  if  the  undertaking  uot  to 
npjKjal  is  not  embodietl  in  the  onler  (/?<•  //»//  tf-  Count i/ 
Jiunk,  TnttUr'n  Cluiw,  l.'K'h.  I).  261).  But  if  the  appeal 
is  dismis.s<.Hl  the  apjH-llant  will,  if  the  res|K>ndent  ;i^k.s  for 
them,  be  orxleretl  to  pav  the  costs  in  the  Court  below 
(Ih'ulX 

In  re  Clark;  1  De  CJ.  M.  v^  (J.  4.'{.  where  the  L.rds 
Justices  differed,  the  ap|>eal  was  dismi.ssed  with  costs  on 
the  ground  that  their  lonl.-hi|xs"  difference  of  opinion  was 
not  as  to  the  correctness  of  the  <lecision  behiw  on  the 
materials  l)efore  the  Court,  but  as  to  whether  the  appellant 
.should  have  an  «.>pj>ortunity  of  further  investigation.  But 
the  usual  eourse,  under  the  former  practiee,  when  the 
Lords  Justices  difl'ered,  was  to  at^rm  the  decree  ap|K?aled 
from  without  costs  {Kivrf  v.  King,  1  De  G.  &  J.  663.  G74). 
Aiul  generally  where  there  was  a  fair  question  to  lie  raised 
or  a  dirticult    point   of  construction,  the    Lords   Justices 


COSTS    OF    APPEALS.  149 

would  dismiss  the  appeal  without  costs  ;  see  ex.  gr.  Boys 
V.  Bradli'ij,  4  De  G.  M.  &  G.  o!S  ;  Hodgson  v.  Smithson, 
26  L.  J.  Oil.  110;  Vichcrs  v.  Bell,  3  N.  R.  624.  This 
practice,  however,  is  no  longei*  followed.  A  difference 
between  the  members  of  the  Court  of  Appeal  is  not  a 
ground  for  depriving  a  successful  appellant  or  respondent 
of  his  costs. 

Where  the  appellants  obtained  leave  to  withdraw  their  With- 

II  11  1  i  ^1  11  drawal  of 

appeal  they  were  ordered  to  pay  such  costs  as  they  would  appeal. 
have  had  to  pay  if  the  appeal  had  been  dismissed  with 
costs  {Attorney-General  v.  Corporation  of  Halifax,  h  Ch. 
116;  and  .see  RrBarneiTs  Banking  Co.,  37  L.  J.  Ch.  SG). 

Where  the  rcspun<lont.s  had  consented  to  the  withdrawal 
of  a  petition  of  appeal  under  the  fornier  practice  they  were 
not  allowed  their  costs  of  ap{x\iring  on  the  appellant's 
motion  for  leave  to  witlidraw  it  {Lawton  v.  Price, 
3  Ch.  304). 

Where  a  trustee  in  bankruptcy  presented  an  appeal 
but  wa.s  removed  before  the  appeal  was  heard,  and  a  new 
trustee  was  appointed  who  declined  to  pro.secute  the  appeal, 
it  was  held  that  the  appeal  must  be  dismissed,  the  creditors 
not  having  adnj)ted  it  although  an  opportunity  had  been 
afforded  them  of  so  doing,  and  that  the  respondent  was 
entitled  to  his  costs  out  of  the  deposit,  but  that  no  personal 
order  for  costs  could  Ik.-  made  again.st  the  appellant  {Ex 
parte  Shcard,  in  re  Poole;/  (No.  2),  16  Ch.  D.  110). 


2. —  //(  fill'  House  of  Lords. 


ARTY  iircsontini:  a  petition  of  appeal  to  the  Hou.se  off^c^urity  to 
is  re»piired  by  the  Standing  Orders  of  the  Hou.se  to  on  ni-inal 


A  PAl 

Lords 

"ive  .security  for  costs  by  recojniizance,  either  in  pcr.son  or  V'         . 
by  substitute,  to  the  amount  of  i'.^OO,  and  a  bond  for  £200,  Lords. 
or  in  lieu  ol  the  bond  by  payment  of  £200  into  the  Fee 
Fund  of  the  House  ;  sec   Standing   Order   4  ;  A}>pellate 


ir.o 


rr?TS    ('F   AS    ACTKN   f:  FN  EH  A 1  IT. 


iliKniiwx>l 
uixinllr 
follow  the 
mtull. 


mpK-islly 

«ll<-rr  Uirff 
ll.1>r   1*-rn 

(wo  Mii>il«r 

ill  .  1-1"IU 


win  ir  t», 
(^>^ltt^ 
l<cl<>»  h*V( 
pivrn  c^in- 
ttictini; 
ilfcisionf. 


Wh.  I.- 
tlnrt'  r-  » 
ihtT.  n-ii.x< 


.luM  Ml),  ti-ii  Alt,  ls7(i,  30  &  4"  Vici.  c,  •;•,  .-.  11.  Tlu-RC 
sccurilics  must  l»c  given  by  every  appellant,  whether  he 
appeals  on  Imh  own  behalf  or  in  a  representative  capacity, 
within  one  week  after  the  presentation  of  the  np|>eal  to 
tlie  MouHC  ;  otherwise  the  appeal  standii  tlisinis«ed.  The 
whole  snm  of  £700  is  then  subject  to  the  onlcr  of  the 
}Iou>ie  with  reganl  to  the  coeUt  of  the  appeal ;  toe 
Stanrliiijj  Onli-rs,  4  A    !<•.     No   i  * 

from  tlie  Attorney-Cionc-ml,  Ix'nl    \ 

of  the  Crown  sning  on  behalf  uf  the  CYown  {Loi\l  Adeocaie 
V.  LoM  /  9  (1.  ^-  F.  173)  ;  nor  fn»m  p<Tw>n.H  Ruing 

in  fontui  y-..  y..<«.  Whi-n  the  AHonu'y-(»en»ral  prow- 
ciitejt  at  the  inntancc  of  rvlators,  th«-  !nt!«r  mu^t  <«nter  into 
the  recognizance  {Dnu  i:  Scott,  .•>! 

«l«ei  •         :  i.s  ft 

I  <  II 

general  rule  follow  the  result  (Stewart  v.  Afrnzies,  8  CL  4c 
F.  .*109),  though  the  I '  of  the  respondent's 

conduct  ((Vtuir  V.  7/   -      .  i.    i.  ■  '•  '■ 

And  where  two  judges  have  f»u<  .<)ed  against 

n  party  who  ap|>eaU  to  the  House  of   Lords,  it  is  almost  of 

colli         •  "  ■     '         '  "  ■    '      itis 

v.  -I  .     L  VI n 

although  the  judge*  below  gave  diflferent  reasons  for  their 

juJgmet  '  But  ^  "  '  ■  H. 

L  C.  h7:i   .       .  and  in  7',. ,... .;,...;  -, .  I  .  .  ..  II. 

I*.  C.  10'».  2'2't,  an  np|>eal  on  a  |>oint  of  con>' .  ^va«  di»- 

luisKC^l  after  two  previous  decisions  the  faime  way,  and  the 
costs  were  all         '  '   *  T'  '       .  ihc 

Ibmsc  i>f  I><'i  lout 

cost-s,  where  the  caM?  has  gone  through  two  Courts  below, 
and  conflicting  decisions  have  l>eeu  given  {Xotii<ltff  v, 
Prlcluirtl,  S  HI.  N.  S.  493  ;  2  CI.  A  F.  879  ;  Clarke  v.  I/mi, 
G  H.  Ll  C.  633,  GGl,  in  both  of  which  ca.scs  the  apfteal 
was  under  such  circumstances  dismi&<cd  with  costs'.  But 
if  there  is  a  difference  of  opinion  among>t  the  Lords  the 
apptal   is  sometimes  dismisseil    without   costs  ( H'in^  v. 


COSTS    OF    AITEALS.  151 

AiH/rave,  8  H.  L.  C.  Ls3  ;  Simpson  v.  Westminster  oi  o^.u^o 
Palace  Co.,  ibid.,  712;  Monijpenny  v.  Moniipcnny,  9  H.  i^hTwh 
L.  C.  114,  140).  But  there  is  uo  rule  to  tliat  etTt-ct 
(Hopkinson  v.  Bolt,  9  H.  L.  C.  5.5.5)  ;  and  uiuler  the  pre- 
sent practice  the  mere  fiict  of  their  Lordships  diftering  in 
opinion  is  perhaps  hardly  a  sufficient  reason  for  departing 
from  the  general  rule  {Dublin  Hailira)/  Co.  v.  Slattern/, 

3  App.  Cas.  1155). 

The   practice  of  the  House  when  tlieir  Lordships  are  Practice 
equally  divided  in  opinion  is  explained  by  Earl  Cairns,  ^^^^ 
L.C.,  in  P)-yce  v.  MonmoutL'<hive  Canal  «(•  Railway  Cos.,  ''hen  the 

4  App.   Cas.    197,  219.     His  lordship  there  says  :  '' There  i;;^'"' 
are  upon  these  occasions  always  two  separate  motions  pro-  'i'^i'led. 
posed   to  the   Hou.se.     The  fii-st  is  the  motion   that  the 
decree  api^cakd  against  he  reversed.     That  motion  may  bo 
rejected  by  a  majority,  or  it  may  Ix'  carried  by  a  majority, 

or  the  numbers  of  contents  and  non-contents  may  be  equal 
ant!  thereup<..n  the  decree  stands  affirmed.  But  in  all 
these  cases  if  anything  is  said  about  costs  a  .second  motion 
is  n<;cessary.  For  example,  if  a  decree  stands  affirmed  and 
the  apiK'al  i.s  disniissod  an<l  if  it  is  desired  that  the  appil- 
lant  should  be  ordered  to  pay  costs,  a  farther  motion  must 
tlien  be  made  that  the  appeal  Ixj  dismissed  with  costs, 
not  for  the  purpo.sc  of  obtaining  the  dismis.sal  of  the  appeal, 
for  that  has  been  done  by  the  tirst  motion,  but  for  the 
purpose  of  ordering  the  co.sts  to  be  paid  by  the  appellant. 
Now  it  is  obvious  that  if  your  Lijrdships  are  divided  upuii 
the  first  motion  and  the  votes  for  reversing  the  decree  and 
for  atlirming  it  are  eijual  and  the  decn-e  stands  affirmed, 
merely  on  account  of  the  ancient  rule  that  the  presumption 
is  in  favour  of  the  negative,  the  residt  of  a  second  motion 
that  the  appeal  be  dismi.s.sed  with  costs  would  be  (unless, 
which  is  not  to  be  supposed,  the  minds  of  .some  of  your 
Lordships  wore  to  change  in  the  interval)  that  the 
numbers  would  again  be  equally  divided  upon  the  .s.eond 
motion  and  the  presumption  would  again  bu  in  favour  of 
tile  negative,  and  therefore  the  motion  for  orderiufr  costs 


1.-2 


AS    ACTION   GFSr.KALI.V. 


DiMniMwJ 
niJiT  !« 
without 
r  «t«  in 
rum  »i 
harrtthip 
nr  «lifl>- 
C0U7. 


i'<  i"  {mill  liy  tlie  apficllniit  wouM  iii»l  U-  «.»iin  •!.  1  "ti^- 
r|iiently  tlic  cflTcrt  wouM  be  the  Mime  as  if  nutliiiif;  were 
K;ii«l  alnjiit  ooeU."  Sec  al»o  lUtker  v.  Ixe,  8  H.  L  C  495 ; 
7  Jur.  N.  S.  1  .  A     ■  "  1  App.  (  a^.  713,  7.V) , 

PrwUntial  Atotu,  '       . .  j.      i'luU,  2  App.  Caa.  4^*7. 

In  CAften  of  ImnlHhip  or  difticulty  the  appiMl  \n  sometimea 
(liHiiUHKcul  without  c**^'        ~~  /v.   Iiti«fi,6  H.  L. 

37,  wliop'  tin*  H<>';  '      ■  '    •■  trrount 

of  tlio  «lirtVrfiir«'(»  in   iho 

tranRfer  of  certain  nharea  (though  nofrau<i  i».t>. « •.tnhlifihe*)), 

,..  '  ......  ,. 

of  opinion  (the  jadfrment  below  being  aftirmoil  by  five  to 
tltr<*),  and  \v  circuniManceM  the  appeal  wan  dia* 

niiv»«-<l  hut  Will.-  '- 

In  Wilmm  V.  11  11    U  C.  40.  71.  LortI  St.  Leo- 

nnnU  HcemH  to   have  thought  that  the  apficllant  might 

),,.•'•••■•       '  -   ■: 


A  «'.J  t 
in  the 


honciil  or  fair  construction  of  hi*  contract.     And  see  Sayer 

V.  Itiyullrtf,  :.  H.  L  ('     "  ive 

diftirulty."  til-    ..  I.  .1.  ...... .ji«. 

iiii-vMil  witlioi.  II  two  pn-viuun 

decisions  the  same  way*;    WhaiUy  v.  WhuUry,  3   Bl.  I. 

IS,  win-re  tli«  on  the 

not  very  inltl.-,.  .     » \en  in 

the  Court  below  ;  Ingll»  v.  1/  1,  3.H4, 

where  the  decRH*  below  wa«  txo-pi  an  i«>  coata, 

without  r     ' (  .\  .      .  ,j ,^^  .  jj„j 

Attorucii  '  ^  H.  L 

C  3(50,  384,  where  the  appeal  of  the  Attorney  General  on 

an  rjc  ofjicio  ii  •    •  '  *  ',,.<y^ 

from  the  Hon  H ; 

but  qn.  the  power  of  the  House  to  give  oo«tf<  in  that  caae 

(i7»/«^  p.  *»S.'>).     A  sjiijht  variation  in  the  details  of  a  decree 

which  is  substantially  affirnuil  will  not  generally  save  the 

•  s<>r  /?^t.  T.  rr,,j\.  10  n.n.  :»*o.  s.  c.  <  Dc  r,.  m.  k  o.  56. 


COSTS    OF   Al'Pr.ALS.  153 

appellant  from  costs  i  W'uUace  v.  Pattmi,  12  CI.  v^  F.  491  ;  dwre*  will 

n  w-  -  TT    T     ..      .-v..      »»■    .  •  I    II    f  •     •  A"       ■     not  sure 

Siivei'i/  V.  AuKj,  .1  H.  L.  L.  02/  ;  ^atioual  Bod  nun  ^avi-  ^^^^^^ 
gation  Co.  v.  ]r<7«o»,  o  App.  Cas.  176);  especially  if  the 
error  might  have  been  set  right  by  an  application  to  the 
Court  below  {Savery  v.  Kintj)  ;  and  see  TrUf<(e€s  of 
Dumhe  Harlxntr  v.  Don  (fall,  1  Macij.  HIT;  Seilfion  v. 
^e/^*,  5  H.  L.  1.  In  a  lattj  case,  however,  where  the  House 
substantially  aftii  nictl  the  tlocisiun  of  thi-  Court  l»elo\v  bvit 
altered  their  inteilocutor,  it  was  hold  that  the  respondents 
were  not  entitled  to  their  costs  in  the  appeal,  on  the 
grounds  that  the  alteration  in  the  interlocutor  was  neces- 
sary to  give  complete  security  to  the  interests  represented  by 
the  appellant'^,  and  becatise  the  attitude  of  l)oth  sets  of 
respondent**  before  action  brought  Wiis  sueh  a>^  to  justify 
tiie  institution  of  some  action  for  the  j>ur|X)se  of  obtainiui:; 
the  declarations  nuide  by  the  House  {Patrrsnn  v.  Pri"'ns( 
dc  of  St.  An^hrtr-t,  f,  App.  Cas.  HUt]). 

Where   there  is  a  funti  or  an  estate  in   litigation,  tlie  Whrr* 
costs  of  an  unsuccessful  appellant  may  be  allowe<l  otit  "'f  f„n,j  or  nn 
guch  fund  t»r  estate  {Pirinhuyosf  v.  J'o  ml*  rijuyf.  '.\  H.  L.  ft^'*  in 
C.  19.-.,  22.-.;   ThlluHsnu   v.  Hr.nlhshaw.  7  11     I..  C.  429  ;  InluhT 
K'trl  of  li,,r,n  V.  UiHhiH,,,,,  n  N.  R.  ({.-.4  ;  Hrno  v.  y>r,w- -l^frce  i. 
bi/teryof  J>fir,  1  H.  L,  Sc.  !MJ,  where,  however,  it  was  .said 
that  the  awarding  of  costs  out  of  charity  estates  was  an 
encouragement    to   groundless    litigation).     In  Fli^lor  v. 
Jirifvlif,  10  H.  L.  C.   l.-.O,  the  costs  of  an  appeal  by  .somo 
of  the  residuary  legatees  were  given  out  of  llieir  shares 
only  of  the  estate  ;  i.r.  the  apj)eal  w;ts  in  effect  <lisnii.ssed 
with  cost.s. 

In  Chiirler  v.  Clont>  r,  7  H  L.  .'{(14,  wlnre  tlitir  i><)id- 
ships  were  cc|ually  diviiit-d,  the  costs  of  both  parties  were 
ordered  to  come  out  of  the  estate,  the  dit^icidty  having 
been  creat<'d  liy  the  act  of  the  testator  himself;  and  see 
Maxwell  V.  Maxwell,  4  H.  L.  .')Ofi  ;  Slnfflcfon  v.  Tttmlin- 
«07i,  8  App.  ("as.  40  K  III  Sat/erv.  Jirmlhi/,  r>  11.  L.  ( '. 
S73,  the  respondent's  costs  only  were  given  out  of  the 
fund. 


i:  1 


(  rtsTS   OF    AN    A<TI<'N    fi»:N*rnAI.!.T. 


Wl.rr^  the 

)»|'|«-a1«'I 

fr"iii  i» 
rr  VI- rvfv  I. 
I'mler 
fomior 
jirmrticp 

Mjr.rMful 

M|>f«-lliint 
nrrrr  troi 

rnkt*  of 
•l'I--al. 

I  tirrr  •rrr 

fiin<l  or 


ll  \va>  l<.riinily  an  iiitl<\iliU'  ruii-  in  tlic  H«•u^e  <.t  I/>r<i.s 
tliat  a  MicocHsful  ap|Mllant  couM  un»lcr  no  circum.stanccs 
liavc  his  C08U  of  appeal  from  llit-  rc-spontlcnts  who  Rup- 
|M»rte<l  the  decree  of  the  Court  l»clow  ;  see  Mmyin  v. 
A'jv/jM,  3  CI.  &  V.  151) ;  Mackri-ify  v.  Jiammije,  9  CI.  A  F. 
his, s.il  ;  Jlutinehlll  Coal,  lie.  Co.  V.  ydlMHi,  ibid,.  817; 
AUonieii  Grueml  v.  CVw,  3  If.  L.  C.  244>.  277  ;  Ifumilton 
V.  Litthjohu,  4  CI.  »l-   K  20;  Z)i.ron  v.  AVfi»i«,  .i   H.    L 

A  KucceHbfiil  appellant,  however,  M^mctimes  had  hU  c<Mt« 
out  of  (hi'fund  or  e^^Alr  if  thcr  {SttJce^ 

V.  Ilrnm.  12  <  1.  iV  F.  203)    ai 7  H.  L 

:.«Jh.      Ill  Ayrr  V.  MJh.vrH.  I*  H.  L  C  619,  a  »uccc*«ful 
apfMllaiit  wait  nllowiil  to  add  theccMtln  of  the  appeal  to  hi« 


I  • 
1"  • 

■urmMiui 
p-l  Ihrir 


lii>'l  • 


.S)  .         ^         thf   A|>|>ella(c  Juhntliction   Act, 

1  s7<i,  however,  thia  rule  hnn  l>eeii  altereil,  and  the  cotinw 
now  iH  to  i^vc  h-  rit*  all  their  costs,  inrlu- 


din;;  their  omi» 


•'ir 


i>    there   in  tome   Hpecial 


reation   for   depriving:    llu-m   of   them;  i»e<'    Mrtitipu/iUiti 
Halluxiy   C<..  V.  ./.n  App.   Caa.   193;  (t'Hin-U   v. 

/'■     '  '         '  •     '  ;    _     (f,y   fjir'tinj  V.    CoitJuhtfUll, 

:\  App    Cft^.  112*. 
Where  an  order  inatle  on  an  application  with  refenincc 
to  the  taxation  «  '  anlt-d  leave  to  appeal,  r- 

the  cvksLh  for  tlu    i  i  Ap|Kal.  it    wa.H    held    i;  - 

n«»tj»  thus  resi-rved  mutit  be  dealt  with  in  the  mime  manner 
a.s  the  ctjsta  of  appeal ;  and  the  juilgwenl  of  the  Court  of 

tlie    .  't   V. 

BnuUrtj,  3  App.  Ca^i.  944\ 

In  "  Sinyfr"  ^f^u'll  i  ii r  Mu  i . 
App.  Cas.  37<»,  where  the  order 
was  revereeil  and  the  ca-se  remitted  to  the  Chancery  Divi- 
sion, it  wa.s  onlen.*d  that  any  costs  which  had  been  fviid  by 
the  plaintiffs  to  the  '  '  '  :.t  should  be  repaid,  and  that 
tlit>  oost.«<  of  tlio  .^uit  >  including  the  costs  of  the 


«   V.    H  .^.'N.  3 
Court  of  Apjxal 


C0.>1>    UV    APPEALS.  155 

ap(x'al  to  the  House,  should  be  in  tlie  discretion  of  tlie 
Court  below  upon  the  farther  hearing  of  the  case. 

Where  two  questions  of  difficulty  in  an  appeal  had  been 
created  by  the  testator,  all  parties  in  the  appeal  had  their 
costs  out  of  the  estate  {Beilfonl  v.  Kirkpnfricl;  4  App. 
Cas.  96). 

Applications  on  the  part  of  a  successful  appellant  for  the  Appli.niion 
cost^  of  reversal   should   be   made  at  the  bar  before  the  I^'J^^^/^ 
question  is  put  to  the  House,  because  they  will  be  inetVoc-  "'^'•n  to  ^ 
tual  after  judgment  has  been  pronounced  {Deu.ii-  Scott, 
14.5). 

Where  the  ilecree  appealed  from  is  partly  reversed  and  ^Vhercthe 
partly  affinnetl,  the  practice  is  to  give  no  costs  of  the  ,^^rtly  re- 
appeal  {Tor  II'  V.  Browne,  ')  H.  L.  C.  555) ;  an«l  where  the  '■*"'^'^'  ""'^ 

11  111-  -  .  •  I'ArtlT 

House  reverseil  the  decision  of  the  Court  <»f  Appeal  on  the  !»ftirnie<l, 

ronstruction  of  a  deed,  but  all  the  other  ix)ints  raised  ],y  ";' ''*^''*"' 

•  .    given. 

the  ap{x>al  were  al)an<loned  by  the  appellants,  each  p:irty 

was   left  to   b«'ar   their  own   costs  both    in   the    Court   of 

Appeal  and  the  Ht)use  of   Lonls  {Klliot  v.  Lonl  J{<»Mn/, 

W.  N.  (1S8I),  l.U;  45  L.  T.  7GM).     On  the  other  hand  if 

the  decree  is  substantially  affirmed  and  varied  only  in  its 

details,  the  appe.il  will  l>e  dismissed  with  costs  (  Widhwr  v. 

ration,  12(1.  .t  F.  VJ\  ;  Surnif  v.  ]{!»</,  :>  H.  I..  ( '.  Ii27  ; 

and  see  yeil^iou  v.  BettM,  .'>  H.  L.  !  t 

If  the    House  of    Lords,    reversing   the    decree    of  the  Whore 

Court  below,  dismi.s.ses  the  suit  jvs  at  the  hearing  with  ^!!"i!^  "!*''* 

costs,  such  costs  are  costs  uj)  to  the  hearing  otdy,  and  will  k'^<^"  "" 

4    •      I     I       .1  i        r  xi  .  •  .-       '       •    •  »p|>c!il,  the 

not  inclucle   the  co.sts  ot  the  prosecution  <•!  einjuines,  or  co.st.s  of 

i.s.sues  dircc'ed    bv    the    decre«;   aijpealed   from   (Sirtr    v.  j"^'*"'''"'- 

hinrau,  0  CI.  iV  r.  716,  74rj  ;  Shmv  v.  Lnvliss,  .")  ('1.  »*;.•  sciuont  to 

I'.  I  29  ;  MiUjor,  dc.  nf  S„„th  Moltun  v.  Atfnrunj  Genrnd,  ]l\  ■^'"'"S 

•'•  H.  L.  C.  1  ;  }fM<ilH,n  V.  Biirchrll,  '2  Ph.  1.'}!)).  'UuM. 

In  GotlnoH  V.  JIule,  7  CI.  &  F.  549.  the  appeal  having  ^^'"^'^•^  •''P' 

been  unexpectedly  called  on,  the  appellant's  counsel  were  re.si...ii,ient 

not  present,  but    he  appeared    in   person,  and   the  Hou.se  ^'■)'"7.    . 

...  '  '  •  (Icfnult  at 


allowed  the  appeal  to  stand  over  on  payment  of  the  costs  the  hoar 

in/j  of 
Apjw>a 


of  the  day  by  the  appellant.      In  Frnz'rr  v.  Gordon,  n  CI.  '"'^  "^  ""^ 


i:,.; 


'F    AN    AClUiy    OF.NKKALI.T. 


Whcrp 

rrii)M>n<lrt)t 

U<  ihr  mm- 

JM-ICMi-V   of 

the  •|'|««l, 


Whfrc 
there  are 


&  F.  711',  llio  res|>omkiit,  on  the  iiuii-apiKarance  of  the 
npptllant,  opcnc<l  so  much  of  liis  case  as  showeil  n  priiiui 
fnr'ie  case,  and  the  a|)|)eal  was  tlieii  ilismis-sod  with  costs, 
lint  in  RitkdtM  V.  Lcn-i^,  2  CI.  &  F.  100,  and  Murphy  v. 
t'tmvxty,  \>  CI.  it  F.  7'J,  the  apjHal  was  at  t>nce  disnu.>is«^d 
witli  ('Ost«  without  hearing  tlie  res|x»ndent.s.  Where  the 
respondontH  did  not  appear  to  support  the  decree  of  the 
Cotirt  behiw,  and  liad  not  even  answered  the  |Htitiiin  v( 
appeal,  th«-  Housi*  reversed  the  decree,  but  with<»ut  ctwts, 
althou;;h  there  hud  been  n  previous  decision  on  the  same 
|K)int  (JIamiifoH  v.  LiUUjohn,  4  CI.  &  F.  20).  And  lastly, 
where  neither  patty  ap|Knred,  th»-  appeal  wa.s  d.'isn  ' 

without  cost  ^  (Slifi-fiii  rur  v.  MitliUr(ott,\)  ( 'I.  <V  F.  7-K   ' 
cannot  be  given  to  a  roipoudent  who  has  omitted  to  answer 
tlie  :ipjM*al  {i'h/ur'tt  TniMfrcM  v.  C'l*/)!*',  Mai  h-an  A:  Kob.  1 1 '»>. 

If  a  res|>i»ndent  has  an  objection  to  the  competency  of 
an  ap|M-al  to  the  House  of  lytrds,  he  ^houhl  bring  it.  by 
preliminary  |M'tition,  lieforc  the  Ap|M'al  Committee  ;  for  if 
it    is   n«»t   raised  till  tin-  hearini;,  and   i'  4.1.1 

ap{K>al  will  b<-  disini-si-d  wi'lioiit  « 
linttrrHhy,  1  11  I  '  .*iH«).  If  the  petition  against  the 
ctun|K*tency  of  thu  ap|>eal  i.s  dismis.sed,  the  practice  is  to 
reserve  the  costs  of  it  till  the  hearing  of  ti»e  ap|)eal  (Cieila 
V.  (iriU.  3  H.  L  C.  2M);  M  }fitl,nn\\  Uonai-il,  5  H.  L.C. 
U31)  ;  and  if  the  ap|H'al  is  afterwards  di.smissed  with  costs 
on  the  merit.s,  the  co-«ts  of  the  preliminary  discu.vsion  will 
not  Ik*  included,  unleNS  the  consideration  of  them  was 
rcservcil  {CinujMl  v.  Campbeil,  7  CI.  &  F.  Wt).  In 
(iitiy  V.  Forlfti,  .*)  CI.  &  F.  3.')6,  theco.^ts  of  the  respondent 
unsuccessfidly  ilisputing  the  competency  of  the  apfxal 
(which  had  Wen  reserved,  ibid.  379)  were  included  in  the 
costs  of  the  appeal  on  its  dismissal  with  costs.  But  in 
jAirubcrt  v.  J\t/ton,  S  H.  L  C.  1,  the  c<xsts  of  the  prelimi- 
nary petition  dismissed  were  dtHluctc*il  from  the  costs  of 
the  ajjix-al,  dismissed  on  the  merits. 

If  there  are  cross  apjx>als.  one  may  be  di.-;mi.vied  with 
ami  one  without  costs,  according  to  circumstances  (Court 


APPEALS    FOR  COSTS.  157 

V.  Ruharts,  <J  L'l.  ^S:  F.  G')).  And  in  Moiyiin  v,  Evarn^, 
b  Bl.  N.  S.  777;  8  CI.  &  F.  loO,  the  appellant  in  the 
original  appeal  was  held  entitled  to  a  decree  with  costs  in 
the  Court  below,  and  received  his  costs  of  the  cross  appeal, 
which  was  dismissed,  by  way  of  imlemnity,  as  he  could 
not  have  the  costs  of  his  own  appeal.  Where  there  were 
cross  appeals  and  neither  party  was  completely  successful, 
neither  of  them  got  costs,  either  in  the  Court  uf  Appeal  or 
the  House  of  Lords  (A'ltchison  v.  Lohre,  4  App.  Cas. 
755). 

An  action  will  lie  on  an  i>rder  of  the  House  of  Lords 
directing  an  unsuccessful  appellant  to  pay  the  respondent's 
costs  (Miirhi'lhi,  iir.  Co.  v.  Mhn,  Ss  L.  T.  .S15). 

In  Prendergast  v.  Premferr/ast,  ^  H.  L.  C.  !!>.'),  •2'2'),a 
tru>tee  was  held  to  be  entitloil  to  appear  by  counsel  on 
the  appeal,  but  not  to  print  a  case  or  a|»}>endi\',  and  was 
disallowed  the  costs  of  so  doing:  .see  Banqiui  Fntuco- 
Kfjl/ptu'iine  V.  Giant,  \V.  N. (1S7}>).  1<»5. 

As  to  taxation  of  costs  ortlered  to  be  paiil  by  the  House, 
see  Standing  Order  10 ;  and  as  to  recovery  of  such  costs, 
^QQ  post,  ch.  IX.,  sec.  III. 


8fxt.  XII. — Appeals  for  Costi^. 

By  the  49th   section  of  the  .hidicature   Act,  1.S73,  no  Ju.ii.'.aure 
k-r   made  by  the   High   Court  of  Justice,  or   any  judge  f^'J;/^^^' 
thereof,  a.s  to  costs  only,  which  by  law  are   left  to  the  di.s-  "u  ajiiHial 
cretion  of  the  Coiirt,  is  to  be  subject  to  any  appeal,  except  without^ 
by  leave  of  the  Court  or  judge  making  .such  order.  '<^**'^- 

The  rule  is  imperative.  In  Ihirris  v.  Aaron,  4  Cli.  D. 
749  ;  40  L.  J.  Ch.  4SS  ;  2:.  W.  R.  3.5:^  ;  .-JO  L.  T.  4.3,  a 
1  till  was  dismi.sscd  without  costs;  the  plaintiff"  appealed 
against  the  whole  decree,  but  his  apjical  was  dismissed  ; 
it  was  held  that  the  Court  had  no  power  to  vary  the 
order  <>f  the  Court  below  by  directing  that  the  bill  should 


on 


158  COSTS   OK   AN    A<TI<'N    GENKICALLV. 

l>c  disiiii>sc<l  with  c«>hU  ;  ami  soe  Utir/Jtnui  \.  Simckiocl; 
10  Ch.  I),  p.  21');  IJtnunf,-  v  Jl>>n,t,tnj,  I'hiUiim  v. 
Lhiinn'rr,  ihiil.,  p.  2-il  :    di'dhtim    \.    ( 'i  lajtltrll,  7    f'h.    !>. 

4!M»:  17    L.  .1    Cli.  :.93-.  2<;  W.    It    .TUi  ,  :\H   L  T.  19.V 
No  ni>|H.-.'il  lies  fntiii  a  j»i«l;;'- s  orijcr  ns  to  tin*   pluintiff'ji 
costs  ill  an  inl(.Tpk;ul<T  isMu   {Ilnrtmout  v.  /'.•»^  .•  s  Q  H. 
I>.  82).    ^tf    cu^U^^^^ia  la^'  f»'l^. 
Or.lcr  All  order  declaring;  that  a  defendant  han  cnnniilted  a 

.hrr'tm-a  hiracliof  an    injunction,  but  .•■■  -  ■        '■ •;<«.  rxcopt 

j.iri.vKuiii*  ||,;it  he  pay  tin-  cohIh  of  the    >,  ..t,  in  not 

i'„  jTj  t'j'iT  within  tlie  4!Mh  >«oction  of  the  Judicature  Act.  IH7?1,  and 
f -!«  n.»v  ,„^y  ],p  apix  ahil  fn.ni  (  Witt  v.  r.,n-i.,>ni.  2  Ch.  I).  09;  45 
fn.1.1.''"'  L  J.  Ch.  G03  ;  24  W.  R  .',01  .  34  L  T.  orA) ;  In  >y  (Y«. 
•*^«-"».  iiiftth,  46  L.  J.  Ch.  375).  Where  the  application  in  re- 
.•.I'lX.tinfi  fwwnl.  however,  there  can  be  no  ap|K>al  (AiJi^r'fuih  r. 
u.  ..n.n.ii  Onti-^nn  (No.  2),  5  <'h.  l>.  (MM  /'  ■ -^  v.  (Voiirj/i>,  4  Ch. 
i»rxMM^.   ^^^^     j^^^^  ^^  Jan„au  v.  T  W.  N.  (IH.H2)  21). 

In   the  name  way,  where  at  the  trial  the  Court  siinply 

ordiTH   th«'   .*  '  '  '     '  1 

appeal    will    .      . 

without  admitting  that  the  plaintiflf  was  entitled  to  bring 

the  action,  and  this  is  therefore  the  n'al  <pie:«tion  at  issue 

in  tlu-  ap|Kal    lUrkM  v.  Y.iftM,  IS  Cl».  I).  7t>). 

(\.»u  iMT-        •'^"   orxler    directing    trustee*  to    pay   c-stn    pemmally 

■'"'  '  >       forms  DO  exception  to  the  rule  that  there  can  lie  no  appeal 

ri.-ci.tion.    f(.r  costs  (In  rr  Jloidriu  n  Ti  '  1.  I>.  2sl  ;  2)  W.  K. 


77l» ;  :i'»  L.  T.  !»a.'» ;  TayUw  \  /».  4  Ch.  6'J7'^'  But 

an  order  giving  a  tnistee   his  "costs,  chaiges,  and   ex- 

niiin        iH-nse-V  is  not  simpiv  an   onlcr  as  to  cost.s  "  within  the 
A    .,         ,  discretion  of  the  Court,"  and  may  be  apixaied  from  ;  for  a 

•i.t.    i.-  W  trustee   has  a  right  to  hi.s  charges  and  ex|K»n<cs,  and  can 

only  l>c  deprived  of  them  for  grass  misconduct  (In  re 
Cftenmll.  Joium  v.  Chruufll,  S  Ch.  D.  4I»2  ;  47  L  J.  CTi. 
5H.S  ;  2G  W.  R.  '^9:^  ;  3S  L.  T.  494).  Similarly,  an  exe- 
cutor or  a  residuary  legatee,  who  sues  for  administration, 
is  j)n »iti /(ic<V  entitloil  to  his  costs  out  of  the  estate  ;  and 
therefore  an  order  depriving  him  of  them   i<  suhje<:t  to 


API'KALS   FOR   COSTS.  159 

appeal  {Fiirrow  v.  Austin,  18  Cli,  D.  '>.s)  ;  and  see  E.v 
fHirte  Woiniri-ijht,  19  Ch.  D.  p.  l')2).  So,  where  in  a 
suit  between  incumbrancers  to  ascertain  priorities  in  a 
funil,  the  Court  decided  in  favour  of  one  of  the  defen- 
dants, and  ordered  the  cv)sts  of  the  action  to  bo  pai(i  out 
of  the  fund,  an  appeal  by  the  successful  dofondant  as  to 
the  costi  was  allowed  {Johnstone  v.  ('o.r,  10  C'ii.  1>.  17^. 

If  a  decision,  although  relating  to  costs,  also  involves  a  Where  a 
question  of  law  and  principle,  it  is  clearly  the  subject  of  pri*,*^i'Y.'' 
■  ppeal  (//?  re  Rio  Gmnde  D,)  Sul  SteamsIiipCo.,  5  Oh.  D. »''  i"voUeii 
282  ;  46  L.  J.  Ch.   277  ;  2:.   W.   R.  328  ;  .SG  L.  T.  003  ;  u".^**'^'''' 
<ee  aho Kr jxivte  ]Vu<ld*ll,  iii  rf  Lutsi-Iu'r,  C  Ch.  D.  331). 
And  where  an  innocent  vicar  and  churchwardens  had  been 
ordered  to  pay  the  costs  of  a  suit  to  wliich  tluy  wore  par- 
ties niert'ly  in  their  ropresfutative   characttr.  it  was   said 
that  an  appeal  l»y  them  for  costs  only  would   have   been 
entertained  {Etherington  v.  }Yihon,  1  Ch.  1>.  100  ;  4.')  L. 
J.  Ch.  i:>3  ;  24  W.  R.  303  ;  33  I.  T.  <;:.2). 

Wiiere  the  judge  made  an  order  a«lopting  tin-  report  of 
a  referee,  which  was  .silent  as  l<»  the  costs  of  the  reference, 
and  leaving  the  costs  to  be  ilealt  with  by  the  taxing 
master,  an  appeal  from  that  order  was  held  an  appeal  for 
e....>ts  only  {Rowrliik-  v.  Ijei<j}>,  26  W.  K.  720). 

In  a  recent  case,  the  plaintitT  recovered  damages  for 
breaeh  of  covenant  against  his  le.s.sec  the  defendant,  antl 
the  latter  recovered  the  same  amount  against  his  sub- 
lessee.^whom  he  had  brotight  in  as  third  party.  On  the 
"lefendant  claiming  from  the  third  party  the  damages  and 
costs  in  the  c;i.se  between  the  plaintift'  and  the  defendant, 
the  third  party  demurred  to  the  claim  for  costs ;  an 
appeal  fron:  an  order  overruling  the  demurrer,  was  held 
an  apjK'al  for  costs  only  (Ilornlnj  v.  Cardwcll ,  W,  N. 
(1881),  170;  4o  L.  T.  7.Sl)Xfvj<i;  >*,3J</ 

Section  49  «loes  not  apply  to  a  master  or  a  district 
registrar,  and  therefore  a  judge  can  vary  as  to  costs  the 
order  of  a  district  registrar,  dismissing  an  action  witliuiit 
costs  (Fo^itrr  v.  Kdv.-ai'ils,  48  L.  J.  C.  P.  707). 


I-    ri... 

■<•  in 


•>.lii''l 


160  COSTS    op   AS    ArTK'N    CKNKHALLV. 

u-ii»r  of  >iii  ;ij.|MMi  lii->  i<i  ilif  n<Hi>«-  i>i  Louis  for  co^t.H  alunc 
^"''-  ihojIlM  V.  Mnnxfohl,  :\  CI.  k  V.  'MVl  ;  M'Auini  v.  Ailo,,,, 
ih'nl.  '.\V>7i  ;  MrtrtijxAUiiix  Anyhuii  IHt*trict  v.  /////,  .'»  Ajip. 
Civ.  '»H2).  But  an  appeal  nj^^iiiist  nii  oril«r  whirli  iin|> 
a«  a  cunditiun  of  liaviug  a  new  trial,  the  |»avmciit  wiih  . 
certain  time  of  the  costA  of  the  first  trial,  is  not  within 
the  rule  (MrtroinJiUin  Anylutn  District  v.  Hill). 

Untler  the  practice  in   chanrenk'.  the       '    nii«    \%.i.i 

cry.     the   winie,  viz,  that   as   the   (liH|Mi>al  uf  ^   *>(  the 

suit  wan  in  tlie  discretion  of  the  judge,  there  ct>uld  not  )« 
nn  appeal  or  rehearinj*  on  th  I' 

thin  rule   howfver,  there  wti.  —        ..  .       

ceptiuns.     TIiud,  where  the  conts  were  Uid  u|Hjn  an  estate. 
or  onlere<l  to  lie  paid  out  of  a  fund,  the  Court  would  hear 
an   rip|val.   th<>Ufyh  f"»r  co^l/«  alone  |'(7uiy»y>r//  v.  J'iii>lay, 
..»".'(  an     -   IMi.  227  ;    r-i;/l"i'   v,   ]'t>jJi'tin.    1'    Vej«.    72;   Tayl»n'\. 
"•*■;'*.       Si'nthoiitr,  4  Mv.  A  C.  203,  1  \ud   nee  further,  as  to 

lIuH  exci'ption  to  the  gei  "'  v,  //.ii-in,  4  My. 

tV   Cr.   3G();    L'yiY    v.  M   .  .    SM  ,   Jnwur    \. 

Jrmnu',  10  VcH.  562;  Juini^oue  v.  C.u-.  li»  Cli.  D.  17. 
•  »  Again,  wliere  the    cpieiitiou  invidveil  a  principle  or  a 

,  I  i.nii-       rule  of  {  r^     •■       lo   l»e   laid  down,  then   an   exception  v  i 
n.lc  or        luadr    {I  V.  l*Hi\lay  ;  an»l  He«  W'tOkri' \.  F,- 

l™'«w^r'  21  W  K.  4!I3  ;  P.ilmtv  v.  WaMty.  3  Ch.  732;  IT.  W.  K. 
{»24  ;  IVo  V.  Tutnn.  Thf  ihirut,  L  R,  3  P.  C  COto  An 
np|>eal  for  cotit«  alone  was  allowmi  agaiuKt  a  decree  diH- 
niis-sing  without  costM  a  bill  by  a  pluintiflf  who  failed  to 
establish  his  legal  title  (CAiiyyW/ v.  7*«»n/«»»/ ;  i'aritora- 
tion  of  J{>Hhri*tn'  v.  /,«•.  2  Dc  G.  M.  &  tJ.  427)  :  and 
where  a  mortgagee  was  refused  his  costs  of  a  redemption 
suit  (Outn  V.  Grijpxth,  1  Ve«.  250  ;  Xotion  v.  Cooper, 
r.  Do  G.  M.  v^-  G.  72S  ;  (\>tUrrll  v.  N  S  Ch.  2f>.M  ; 

and  against  a  judgn»cnt  awarding  cj  _  i:s?t  an  ofticcr 
of  the  Crown  suing  on  its  behalf  (/.on/  Adi'ornte  v.  Lonl 
J>nugla3,9  CI.  &  F.  173);  and  where  the  question  was 
as  to  the  mode  of  provitling  for  the  costs  of  adminis- 
tration suits   {M€UzicA    V.  Conuor,  3    Mac,    &    G.   G4ii ; 


APPEALS   FOR   COSTS.  Id 


Taylor  V.  Southjatc,  4  My.  .<c  C.  203;  Eyre  v.  MarscUn, 
ibid.  231).     So  au  appeal  would  lie,  when  the  Court  was  or  cosu 
directed  l^y  Act  of  Parliament  to  give  costs,  and  they  were  *";\, 
not  given  according  to  the  Act  {Tod  v.  Tod,  1  BI.'  N.  S.  ^^Jug 
039;  Ex  jxirte  Bishop  of  London,  2  De  G    F  .;-  J  U  •  *rp°  r'^ 
lie  Alcrton  College,  1  De  G.  J.  k  S.  SlJl).  ment. 


r-nAiTKi;  iv 

CXWTS    IN    rARTini.AR    ACTIONS. 

Sfxt.  I. — Actions  for  an  Arcouni. 
Wli*rc  ilie       "  It  is  gcncmllv  tnio,  timt  if  a  stilt  ih  instituted  for  an 

qiioMtion  in  ,  '  ii       •  i  i  •  • 

ciiio  of  arrount  iK'twctn  two  |KTS4>n«,  uno  ailcjjinjjj  that  notlnni;  is 
ftmount.  ^\^^^.  f^^^,,^,  |,jp,  jj„j  ^  K'^Iancc  is  foiiini  to  W  duo  from  liiin, 
that  pcTMUj  will  havf  to  |»ay  the  costs  of  the  suit  anil  of 
the  account.  Hut  the  case  would  lie  whollj  varied  if  the 
ca.se  were  that  one  party  admitted  a  jjiven  stun  to  be  tine 
from  him,  and  tin*  otlier  ha<l  claimeil  a  much  larger  sum, 
and  th«'  suit  proceedetl  only  for  the  pur|)«)sr  (,f  a.<icertain- 
inj^  whether  such  contested  balance  were  rrally  due  or 
not.  In  this  case  the  cost.s  would  de|K'nd  u|>jn  the  sub- 
stantial result,  that  is,  if  the  balance  claimed,  or  a  sub- 
stantial part  of  it,  were  shown  to  be  due,  the  claimant 
would  obtain  the  cost.s  of  the  suit  ;  if  no  part  of  it  w.  r. 
due,  he  would  have  to  pay  them  ;  and  if  only  a  sm  ill 
portion  of  it  were  due,  the  Court  would  prolwibly  give  no 
costs  on  either  side.     But   in  all    tl  s  the  Court 

endeavours  to  see  what  were  the  -  .  :....:.-il  questions 
and  causes  of  liti«;ation  between  the  parties"  (/xr  Sir  J 
liomilly,  M.  R..  .Vd^  v.  Bifj'jemlen,  24  Beav.  207.  2UV 
In  that  case,  the  defendant,  who  claimed  a  larjjje  lialance 
to  be  due  to  him  from  the  plaintitV,  and  failed  on  eveiy 
item  which  the  plaintiff  disputed,  had  to  pay  the  costs  of 
the  suit,  though  a  large  sum  was  still  due  to  him  after  all 
deductions. 
Whof  tlio       -^"  accounting  party  who  refuses  to  render  his  accounts 

accounting  h^fore  action  brought,  or  disputes  his  liability  to  account, 
party  o      >  i  j  > 

refuses  to    will  have  to  pay  the  costs  up  to  an<l  including  the  hearing 


ACTION'S   FOR   A\   ACCOUNT,  163 

{Anon.  4  Mad.  273  ;  Attorney-General  v.  Glhbs,  1  De  G.  render 
&  S.  150;  S.  C.  on  appeal,  2  Ph.  327;  Boi/nton  v,^''"''''^- 
Richardson,  31  Beav.  340;  Sellar  v.  Grijin,  11  W.  R. 
583;  9  Jur.  N.  S.  (;i2  ;  Krinji  v.  Burn,  4  Giff.  348; 
1  N.  R.  257  ;  Jefrri/s  v.  Marshall.  10  W.  R  04  ;  23 
L.  T.  548),  even  though  it  slioulJ  turn  out  tliat  nothing  is 
due  to  the  jAixmix^  {Atfornei/-Gentral  v.  G(hhs),oi'  the 
plaintiff  waives  the  account  at  the  hearing  {Colburn  v. 
i'iimiiis,  2  Ha.  543),  or  the  defendant  offers  a  gross  sum 
which  it  turns  out  would  have  covered  what  \Yas  due  from 
him  (Colbjer  v.  Dvxlley,  T.  .1-  R.  421).  Where  the  defend- 
ant, an  agent,  unsuccessfully  resisited  the  plaintiff's  right  to 
surcharge  and  falsify,  and  live  items  of  error  were  proved, 
the  plaintiff  got  the  costs  of  the  action  up  to  and  includ- 
ins:  the  hearinir,  and  the  future  costs  were  reserved  for 
further  consideration  {Mozlei/  v.  Coivir,  2(j  W.  R.  854). 
But  on  duly  accounting,  tlie  defendant  will  get  his  costs 
subsequently  to  the  hearing  out  of  the  balance  (if  any) 
found  due  from  liim  (Jinijntov  v.  RicItanJson) ;  and  if 
the  plaintiff  perseveres  in  having  the  accounts  taken  after 
the  defendant  lias  rendered  his  accounts  by  answer  (now, 
statement  of  defence),  which  turn  out  to  be  substantially 
correct,  and  there  is  no  balance,  the  plaintiff  must  pay  the 
defendant's  costs  subsequent  to  the  hearing  {Anon.  4 
Mad.  273;  Attorney-General  v.  Gihhs ;  Thompson  v. 
Clive,  11  Beav.  475).  But  in  Collyer  v.  Dudley,  the  de- 
fendant paid  the  whole  costs  of  the  suit.  In  Sitrlni/rtt  v. 
Dashiuood,  2  Giff.  521,  where  the  amended  bill  contained 
charges  of  wilful  neglect  and  default,  which  were  dis- 
proved, and  the  accounts  in  the  answer  were  substantially 
correct,  the  Court  gave  a  trustee,  who  had  refused  to 
account,  his  costs  from  the  filing  of  the  amended  bill,  and 
made  him  pay  the  costs  up  to  that  time.  In  the  same 
case  a  trustee  who  had  not  acted  had  no  costs  down  to 
the  filing  of  the  amended  bill.  If  the  defendants  have 
occasioned  the  suit  by  not  keeping  accounts,  they  must 
pay  the  whole  costs  of  it   (Pcarsc  v.   Green,  1    J.  i^  W. 

M  2 


104  C<».=vTS    IN    rAnTirULVU   ArnoKs. 

13"»)  ;  an«l  see  P-t'^ni:   v.   h'r,h,i,  l-S  Eij,  .*J.'»(J,  Avliore  the 

bill  was  dismissed,  but  without  cost,«,  because  the  defend- 

An  cxccu.   ants  had  not  kept  accounts  and  vouchers.     However,  in 

nci<i.x:t  to     ^y^itt^   V.  J'tckson,  \5   Bcav.    101.it   was  said   by  Sir  J. 

funuNh       K4jrnilly,  M.  K.,  that  an  executor  Ijad  a  riijht  to  have  hia 

not  miffi-     accounts  tnk«n   in   this  Court,  ami   the  more  neglect,  as 

Ihlriic'       distingiiishcii    from    pertinacious    refiLsal,   to    render   his 

him  with     accounts,  was  not       ■'  '  nrivr  him  «r  '  -ta ; 

and  sec  irtcc  v.  '»  i     iv,  4<.     An  •  r  or 

tni.stco  is  not  justifie<l  lu  rcfusiog  accounts  to  the  solicitor 

Hr  i*  not     of  the  parties,  though   he  may  suspect   that  the  solicitor 

ju.iifitsl  in  r^^,j,,irj»^    them    fur   his  own   puqxjses   {Krvtp  v.   Jiurn). 

arcuunu  to  Wlicrc  an  information   was  filt>«l  against  a  public  officer, 

t«!rc7uio    "'"'  ''^'  ^*'^'*  ordered  to  account  for  a  great  number  of 

l*rticm.       years,  CJiffard,  V,  ('.,  on   the  'it    was   a  hard 

case,  and  tlie  defendant  was  ii  >  blame,  refused 

to  make  him  pay  any  costs  {Attornry-Gcnertd  ▼.  Ed- 

inuiuh,  \s  L.  T.  .i():.\ 

.  A  solicitor  and  agent   mav  be  charginl  a.-,  .m  .m.M,i,iine 

j-v<.  party,  although  lu*  is  a  mortgagee  for  the  sums  due  to 

nn'srcnr    '*""•  '^"'^  ^^^^  plaintiff  asks  for   redemption   (Iktillin  v. 

inn.v  iw        (niU,  7  Ves.  *)S(>  ;  ami    in   that  i^ajic  Ix»rd  Kldon  gave  the 

j.!»y  ri«tj«     defi-ndant  the  costs  down  to  the  answer  as  mortgagee,  but 

"*  ""    .      made  him  pay  the  costs  of  the  subsequent  enquiricsl    But 

i«rtT.         see  Aoiion  v.  ('ix»;>^r,  5  I)e  G.  M.  &  CJ.  72.S. 

(»r  lor  for         lu  JeUicoc  Y.   Pricf,  1   Y.  &  C.  C.  ('.  74,  the  Court 

oii*o"!.u'      *hclincd,  in  a  suit  for  an  account,  to  give  the  costs  down 

««ay  i«       to  the  hearing  to  the  plaintitT  at  llie  hearing,  but  reser\*ed 

the  hear-     ^'"■'  <l»'Cslion  of  co-sts  Until  furtluT  tlirectii»ns.     T'  .  ms 

»%'•  to    Ik?    the     more     usual    practice  ;   but    see    i     ,  v. 

JiicJtardwn ;  Kemp  \.  Burn;  Selltw  v.  Orijfin  ;  where 

the  Court  made  an  order  at  the  hearing  for  the  payment 

of  the  costs  down  to  that  time. 


ACTIONS   FOR   APMIKISTRATION   OF   ASSETS.  IGo 


Sect.  II. — Actions  fur  Administration  of  Assets. 

It  is  a  general  rule,  that  wherever  an  action  for  the  ad-  Wherever 
ministration  of  tlic  a.ssets  of  a  deccasctl  person  is  rendered  ^(1^0^^^ 
necessary  by  the  nature  of  his  will,  or  the  circumstances  intostato 
of  his  property,  or    by  his    dying    intestate,  his  general  siono.l  tho 
personal  estate  must  bear  the  costs  of  it  (Jollltf't'  v.  Fa-4,  >l>rtUnlt.v, 

•'  Ins  estate 

3  Bro.  C.  C.  27;  Studh„ime  v.  Hodifson,  3  P.  W.  SOU;  lK^•ir^  the 
Pearson  v.  Pearson,  1  Sch.  &  L.  12  ;  Wilson  v.  B roivn- ''"^^ 
8miih,9  Yes.  ISO  ;  Ginjtherx.  Allen,  1  Ha.  .'lOo  ;  Phil  pott 
V.  St^Georgcs  Hospital,  6  H.  L.  C.  338  ;  Shuttleivorth  v. 
Howarth,  Cr.  l^  Ph.  228).  And  as  to  cases  where  costs 
should  be  given  out  of  an  c.><tate  generally,  see  Dl  Sora  v. 
Phillips,  10  H.  L.  C.  62.>.  Tlie  rule' equally  applies, 
though  the  doubt  on  the  construction  of  the  will  was 
introduced  by  parol  evidence  for  tho  defendant  {Noursc 
V.  Finch,  1  Ves.  Junr.  302).  Nor  will  it  make  any 
difference  that  a  declaration  of  the  rights  of  the  parties 
(which  the  Court  can  make  without  giving  relief, 
under  Stat.  15  it  IG  Vic.  c.  «G,  s.  aO),  is  all  that  is  re- 
quired to  enable  the  executors  or  trustees  to  administer 
the  estate  or  execute  the  trusts  of  the  will.  Where  the 
bill,  in  an  administration  suit,  rai.sed  a  question  in  regard 
to  the  testatrix's  will,  upon  the  decision  of  which  the 
plaintiti^s  title  to  any  interest  in  her  estate  depended,  and 
the  decision  w;is  against  tlic  plaintiff  taking  any  interest, 
the  bill  was  dismissed  with  costs  {Anderson  v.  Anderson, 
41  L.  J.  ( 'h.  247).  The  costs  of  a  special  case  on  the  con- 
struction of  a  will  generally  fallow  the  same  rules  as  those  of 
an  administration  suit  (Cookson  v.  ]iin;fharn,  17  Bcav.  2(50). 
In  In  re  ('()y<<>'.y  TrustM,  W.  N.  (1M77).  .S7,  trustees  of  a 
will  who  had  reali.sed  the  estate  and  paid  the  debts, 
were  directed  to  retain  the  surplus  for  a  year  on  the 
chance  of  an  administration  action  being  commenced. 

In  an  action  for  the  general  admini.stration  of  a.ssets  the  ^"'=»«  "f 
costs  of  all  proper  and  necessary  parties  are  paid  in  the  for  general 


ir,G  COSTS    IN    I'ARTKILAR   ACTIOKS. 

niin.niNtra-  first  instance  out  of  the  assets  before  they  are  di.slributed  ; 

Jjl'"^/^;"  that  ih,  in  effect,  where  the  estate  is  sufficient  for  all  pur- 

i»i»ufficicni,  poses,  out  of  thc  rcsidue.     The  residue,  however,  is,  pro- 

Wh«t  is       porlv  KpeakiiiL'.  onlv  what  rouiains  after  all  tlu-  oxpensos  of 
rchiduc.        I.I  »-.  -If.  1/; 

adniini.stcnng  thc  estate  have  hcon  i>aid  [hyrr  v.  MurtKien, 

4  My.  iV  Cr.  231  ;  ShuttletcotiJi  v.  Ilovyirth.  Cr.  &  Th. 
22S;  Elhornr  v.  GiuHlr,  14  Sim.  in'»t,  inrludinj;  the  co«t« 
of  an  administration  action  {Tnthcwtf  v.  Iithf,ii;  4  Ch.  D. 
.'»3  ;  40  L.  J.  Ch.  12.j);  and  including al««)  where  there  U  a 
jfift  of  residue  to  persons  and  cU««e«  of  per»on<«,  the  co«»t« 
of  a-srortainin;;  of  whom  nurh  claKHon  consist  {In  re  Reeve's 
Tru^tM,  4  (h.  I>.  S41  ;  4fJ  L.  J.  Ch.  412  ;  2.>  W.  R.fiSS  ; 
C«iu  ;{•;  L.  T.  006).     Ami  therefore,  where  there  ia  a  resitluary 

ti'r.mi  j^ifl,  but  a  |K»rtion  of  the  resiilue  is  undiH|«»M  d  of,  rithcr 
»*iHron  through  the  happening  of  some  event,  or  by  ojK;ralion  of 
imrtTn.of  law,  the  Court  will  not  throw  the  co«tiJ  exclusively  on  the 
thcrci.i.tuo.  p^^j  »indih|>osod  of,  but  will  ap|)ortion  thi-m  between  such 
part  ami   the   jwrt  wlr   '  11  given  (A'yiv  v.  .Uiirn./rM, 

4   My.  i^-  Cr.  231  ;     /  '   v.  J'riiUuint,  4H  L  J.  Ch. 

036  ;  W.  N.  (1870),  04  ;  Titthnnj  v.  Jl(l>/(tr,  4  Ch.  D. 
TiS;  4('.  L.  J.  Ch.  ir»;  Ffntonw  Wilh,  7  Ch.  D.  33  ; 
47  L.  J.  Ch.  101  ;  2«;  W.  It  130  ;  37  L  T.  373  .  lilann  v. 
Ml.  7  Ch.  1).  :182;  47  !>.  J.  <*h.  120;  2(1  W.  R.  1C5); 
the  cases  of  (Vain in  v.  Jiroutfhion,  10  E«|.  77,  and  Sivrfi 
V.  CttmUrffiml,  IS  h>|.  .'V7H.  cannot  bo  considered  as  law. 
The  rule  applies  equally  whether  the  |>artial  intestacy 
arises  from  lapse  (as  in  Ack'rt>*fil  v.  Smithsufit  1  Bro.  C.  C. 
.'.03;  4  My.  \  Cr  245;  /^i«-^^  v.  Wnlln;  1  K.  *  M. 
7:>2  ;  Titiheuif  v.  Jhli/itr.  4  Ch.  D.  .'»3 ;  Frutini  v.  WIUm, 
7  Ch.  D.  33  ;  47  L.  J.  Ch.  97;  2r,  W.  R.  13!» ;  'M  L  1 . 
373V  or  from  revocation  of  the  bo<piest  by  the  testator  him- 
self (as  in  CiW'i.fyirtl  v.  ('he-*l>/u,  2  E<1.  123  ;  1  Swans.  571, 
n.)  ;  but  .-^ee  contixi,  Chatteris  v.  Youmj,  Beanies,  app.  27; 
and  SkiymsJiii-e  v.  Xorthcote,  1  Swans.  560  ;  the  effect  of 
which  latter  ca>e  seems  to  Ik?  mi.>vstated  in  Lord  Cotten- 
hams  judgment  in  Ei/re  v.  Marfihn,  4  My.  A-  Cr.  245. 
Instances  of  the  costs  being  apportioned  where  the  jxirtial 


ACTIONS    FOR    ADMINISTRATION    OF    ASSETS.  167 

intestacy  arises  from  operation  of  law  are  Eyre  v.  Mo  rsdcn, 
and  Elhorne  v.  Good'',  14  Sim.  16-"),  where  accumulations 
beyond  the  limit  of  the  Thellusson  Act  were  heltl  to  be 
undisposed  of;  and  see  also  Green  v.  Gascoifnc,  13  W.  R. 
371;  11  Jur.  N.  S.  145;  and  Attornci/-Geucral  v.  Lord 
Winchehea,  3  Bro,  C.  C.  273,  S.  C.  suh  nom.  Attorney- 
General  V.  Hurst,  2  Cox,  304;  Puice  v.  Archh'nihop  of 
Canterbury,  14  Ves.  3G4  ;  Jones  v.  Mitchell,  1  S.  cV  S. 
290;  Crosbie  v.  Mayor,  dc,  of  Liverpool,  1  R.  «&  M. 
761,  n.;  Johnson  \.  Woods,  2  Beav.  409;  Hopkinson  v, 
Ellis,  10  Beav.  U9  ;  ir((/-e  v.  Cumberlege,  20  Beav.  :)03, 
509  ;  Gillara  v.  Taylor,  16  Eii.  581  ;  Liickcraff  v.  Pritlham, 
48  L.  J.  Ch.  (i3(i  ;  W.  N.  (1879),  !)4,  where  gifts  of  residue 
to  charity  tailed  as  to  the  realty,  or  personalty  savouring 
of  realty  under  the  Mortmain  Act.  As  to  the  form 
of  the  order  in  such  case,  see  Set.  589,  Williams  v. 
Kershavj,  1  Ke.  274,  n.  So  where  a  testator  gave  charit- 
able legacies  to  be  paid  out  of  his  pure  personalty,  it  was 
held  that  the  costs  of  suit  were  payable  out  of  the  two 
kinds  of  personalty  rateably  {Tempest  v.  T'cmpeM,  7 
Dc  G.  M.  &  G.  470  ;  reversing  S.  ('.  2  K.  .^-  J.  iuVy  ; 
Beaumont  v.  Ollnira,  4  I'h.  30!>).  In  Taylor  v.  Mixjy, 
27  L.  J.  C'h...Sl6  ;  5  Jur.  N.  S.  137,  however,  a  testatrix 
bequeathetl  to  charity  so  much  of  her  residue  "as  she 
could  lawfully  give  to  charitable  uses,"  and  made  no  dis- 
position of  the  reniaindtT,  and  it  was  held  (but  (pi.)  that 
the  costs  of  the  suit  ought  to  be  pai<l  wholly  out  of  the 
impure  pcrsitnalty.  See  Jnhnsltnu'  v.  Hamilton,  14  L.  T. 
282;  Adnlph  V.  Dulnio,,,  26  W.  R.  53;  Lnris  v.  liorfr- 
feur,  3S  L.  T.  93  ;  W.  N.  (187.S),  21,  (1.S79),  1  1  ;  Taylor 
V,  Linlry,  5  Jur.  N,  S.  701.  In  Shejtheard  v.  Ihrfham, 
6  Ch.  1).  5!)7,  where  the  bequest  was  held  to  be  specific, 
the  costs  were  paid  first  out  of  the  undisposed  of  per- 
sonalty, next  out  of  the  realty,  and  lastly  out  of  the  .specific 
bequest, 

A  legatee   is  now  considered  as  bringing  his  action  on  CosIk  of  n 
behalf  of  himself,  an-l  all  other  the  legatees  of  the  testator  iuir"' 


1C8  COST8    IN    I'ARTICl'LAR  ACTIONS. 

{TJuyinaa  v.  Jones,  1  J;i.  ^  S.  i:}4  ;  29  L.  J.  Cli.  570 1.  Tho 
cosU  of  tax  action  to  establish  a  title  to  n  legncy,  whether 
pecuniary  or  R|)ccific  (lUt/jshatoe  v.  Newton,  Bcanieft,  17  ; 
Barton  v.  Cookr,  .'>  V.  ;•';  f  '.»/«•  v.  Buchthvld, 
3  Jur.  N.  S.  32H),  arc  y  i  always  if  there  ia 

a  (iifliculty  of  construction,  or  general  administration  is 
neccsMiry,  payable  out  of  the  general  nhscl-s.  So  tho 
general  r.state,  and  hot  tho  particular  fund,  muKt  bear  the 
coRtA  of  a  Kuit  to  e^tablihh  a  donatio  motiis  cttUM 
{Gardnf}'  v.  Parker,  3  Mad.  18*);  or  to  declaro  tho 
rij^htM  of  )  '  .|  on  real  estate  {Dug- 

dale   \.   J>  I         .   1    ,    ,    or  to   have  a  legacy 

ill  which  the  plaintiff  haH  a  revenionary  intcrcatv  whether 
vi'stc<l  or  cent  t  a|»art  and  j»o« 

JIoii4ji*i>n,  ^  I',  v.  ...*);  ilandlcy  \.  yAi.c.'  ..  .i.u  .\.  .> 
90);  and  ^emlle,  including  tho  coutu  of  in\i>«*tment 
{Ilandfry  v.  Jktvies) ;  but  «ec  contra,  Gttyther  v.  Alien, 
1  Hm.  .'»0.'>.  uhcre    •  '    '  '     "    •    If  a  fixi-d  cum  in  to  bo 

Inid  out  in  land  ti.  tnunt  cunie  out  of  tho 

fund,  but  if  InndH  of  a  certain  value  arc  to  bo  bought, 
8uch  co^tJ^  come  out  of  th<  1  perxonal  «ftnt<'.     But 

if  the  plaintifl^s  interoM  i-  «•  n  iiigent,  and  fniU  jjonding 
the  Buit.  or  even  after  decree,  ho  cannot  have  h'xn  cohIb 
{Hay  V,  Bourn,  5  Boav.  ClOK  Tho  co»tJ«,  however,  of 
rmjuiriij*  for  tho  U-nefit    of  the    !•  '        ■    .!n- 

tonanci',  Ac,  will  come  out  of  the  !■  „..  ..:.....'  (>•, 
T)  Vcft.  4G4).  And  t\&  to  the  cohUi  of  members  of  a  claM 
•  iititlrd  to  a  1  •  jx^t,  p.   1H6. 

wiirirtio  Ailmission  *-i  .i  -  i-.  by  an  executor  hufficient  foi  j..i_>- 
Ud.a'r  ci  '""'"^  ^^  ^  legacy  is  an  admi&siou  for  all  puqxtees  of  the 
on  «.ln.w-  Huit,  and  extends  to  costs  (Attur^ey-Genrrxtl  \.  Laices, 
»Z^[  ^  Ha.  .S'2.  44.  Phihlr'^  •  SiX^'Ufyy.  Jfof^n,,  2  My. 
HciTccfor    ,^    K.   .■>.'»7 ;   y^K'A   V.    '  .  {]    Ha.  531;    MCadhy  v. 

of  I*  irt^mcy  M'Carthy,  1  Moll.  1^6>.     And  where  a  decree  is  made  for 
ranvT'"^     l^aymcnt  of  a  legacy  on   admission  of  assets,   it  will  in 
with  cvwta.  general   bo  with  costs,  either  out  of  the  estate  or  by  tho 
executor  personally,  as  to  which  see  j'oef,  pp.   ISO,  scq. 


ACTIONS    FOR    AbMlNISTRATIOK   OF   ASSETS.  169 

But  it  seems  that  the  ph\intift'  in  such  a  case  should 
exhaust  every  means  of  obtaining  payment  of  his  legacy 
without  suit ;  see.Ayhner  v.  Winterhotham,  4  Jur.  N.  S. 
19,  where  the  plaintiff  omitted  to  ot^er  a  power  of  attorney, 
and  had  no  costs  of  tlie  suit.  The  plaintiff  may  also  h^sc  his 
costs  if  he  is  guilty  of  laches  in  hringing  forward  his  claim 
(Lord  V.  Lord,  SJm:  X.  S.  4S5),  though  the  defendants  set 
up  the  Statute  of  Limitatiuns  and  foil  (ibid.).  In  Davies  v. 
Austeii,  1  Vcs.  Jun.  247,  a  decree  for  payment  of  a  legacy 
was  made  without  costs,  on  account  of  the  ungraciousness 
of  the  claim,  the  executors  having  spent  more  than  the 
amount  of  the  legacy  on  the  legatee  during  his  infancy. 

Where,  however,  a  legacy  has  been   severed   from  the  Smu  if 
bulk  of  the  estate,  and  becomes  the  subject  of  litigation,  |^^  ^"^J 
the  particular  fund,  and  not  the  general  estate,  must  bear  severe*! 
the  costs  uf  a  suit  respecting  it  {Attoruriz-Gcucral  v.  L((urs,  ^^^^^  „/ 
8  Ha.  82  ;  .}fa)iiiieua  v.  Rogers,  8  De  G.  M.  k  G.  828) ;  and  the  csutc. 
see  Klt^g  v.  Taylor,  5  Ves.  80f) ;  Jcnnur  v.  Jcnour,  10  Ves. 
5G2  ;  WiL-iOii  v.  Squire,  18  Sim.  212  ;  Hilly.  Ruftoj,  2  J.& 
H.  684;  Penttiufjion  v.  JiucUr)/,  (J  Ha.  4.')8.  lu  the  ca.se  la.st 
cited,  the  question   was  between   tlie   residuary  legatees 
and  a  charity  as  to  the  title  to  a  fund,  which  had   been 
transferred  into  the  names  (»f  trustee.<',  after  a  life  interest, 
and  the  ('i»urt   held  tiiat  it  went  to  the  resiiluary  legatees 
as  part  of  the  general  assets;    and,  therefore,  the  costs 
came  out  of  it.     Where  the  legatee  was  an  imbecile  at  the 
date  of  the  will  the  (.'ourt  on  that  ground  gave  th(;  costs 
out  of  the  testator's  general  estate  {Potheen ry  v.  Pothccary, 
2  De  G.  il-  S.  788).    An  executor  trustee  cannot  by  paying 
a  legacy  into  Court  relieve   the   residue  from    its   proper 
burden  {Ln  re  Jilrhtt,9  Ch.  1).  :)7(;  ;  47  L.  .1.  <  h.  sKi; 
27  \V.  R.   104;    81)   L. '  T.  4lst.     Where   the  estate  had 
been  administered,  and  a  large  fund  set  apart  to  answer 
certain  legacies,  the  costs  of  a  suit  for  appropriating  and 
securing  one  of  those  legacies  were  held  to  be  payable  out 
of  the  corpus  of  the  legacy  (GovernrssrM'  Bcncvolcnl  Insti- 
tution  v.  Jiusbri'lyer,   18   Beav.   407},  notwithstanding 


170  rOf-T«    IN    PAnTfTLAR    ACTIONS. 

tliat  tlic  tcnaiii  !■  i  jii.  -i  im-  Ktjncy  wa.s  not  a  party  to 
the  suit  (Jilchtirdittut  v.  Himhnil'jer,  20  Ikav.  137).  But  tlio 
fund  must  be  actually  severed  from  the  estate  when  the 
ju'tion  in  commence<l,  an<l  it  maul's  no  dif'  that   it 

was  raiM.'il  and  net  apart  before  the  per»oii  i  to  it 

were  actually  axcertained  iDmjdaU  v.  Dugdale,  12  Beav. 
247).  Nor  will  the  adinisnion  of  a.HM>ti(  in  a  legatee 'm  suit 
alter  the  rase,  or  the  mere  fact  that  the  {Kirtirular  amount 
h.'LK  been  paid  into  a  bank  or  placed  in  cUftiMly  {xMidin^ 
the  declHion.  Sec  AHorney-GeneruJ.  v.  Lnurs,  8  Ua.  32, 
where  the  tllHtinction  '    '  '  '         the  fund  U 

.'•evei«-<l,  and  where  it  ,  it  \t\  V.  (.'. 

Wignim  :  "  If  tbo  executors,  admitting  the  K'gacy  to  bo 
pa\.ili|.    s«  \i  r  it  from  the  •  td  a  ilijipute  afterwartU 

an^^  s  1h  twi .  u  the  penninn  ;■•  .'..■•;,»,  nr  some  of  t» hum,  the 
Ie;;aiv  Im  loic^H,  and  the  ( Viurt  Uitu  to  devide  tu  whom  it 
belongH,  there  the  particuUr  fund  bean  the  oosU ;  but 
if   the    dinput.  '  '  '  lh« 

legacy    and    t:  ^  :iie, 

whether  the  legacy  is  |)ayable  or  not,  that  caoDOt  be  tho 
CHsv  of  a  heverantx;  in  the  wnhe  in  which  the  nde  I  have 
referred  to  applie^t,  Iiochusc  then,  until  the  (/ourt  makcA 
itM  decree  that  tiie  legacy  i*  |Mkyable,  the  legacy  U  not 
severed  from  tho  CKtato :  Uic  executor*  liavo  kept  it 
under  their  »  '  *        '  '    '  •'  .    |M»int 

ileeiditl  "  (p.  t  .47  L.J. 

Cli.  117  ;  20  \V.  K,  77  .  :t7  L.  T.  G31.     Tlio  costs  of  an 

nnsuccejisful  action  !•  ....  j^ny 

bo  set  otV  by  the  exe«  .;   .    ..^ ;   ..  ^.  ;-.    .,..11  they 

are  entitloil  under  the  will,  notwithi>tanding  a.v«i^'iimentM 
anil  incumbrances  (/ii  re  Kiuipman.Knafmuin  v.  Wre/onf. 
is  C'h.  1).  :m)).  In  Itohfitf  \.  Ifiin\>,tfi,  17  IWav.  2.>1». 
where  the  administrator  .settled  with  the  owners  i.f  three- 
fourths  of  the  residue,  and  a  bill  was  filed  by  the  owner  of 
the  btlur  fi»urth  f<»r  an  account,  it  was  he!<l  that  the 
plaint itl's  share  wa^  liable  to  only  one-fourth  part  of  the 
COsU>  of  the  suit.     Sec  also  SjKnccr  v.  ]yutxl,  0  E<].  oi)7. 


ACTIOyS    FOR    ADMINISTRATION   OF   ASSETS.  171 

An  exception  to  the  general  rule  winch  gives  the  costs  Exception 
of  an  administration  action  out  of  the  estate  is  made  where  ^ncAi 
the  action  is  not  for  the  benefit  of  the  estate,  or  as  to  so  rule  in 

1       /•     1  •  1  1  rill  a^luiinis- 

much  of  the  costs  as  are  occasioned  by  unfounded  charges  tmtion 
or  vexatious  proceedings,  "  No  costs  ought  to  be  given  out  •'*^/"^"''' 

f^  <^  ^     ^  f  when  tho 

of  an  estate  except  for  those  proceedings  only  which  are  in  action  or 
their  origin  directed  with   some  show  of  reason  and  a  ^"li^jncTin 
proper  foundation  for  the  benefit  of  the  estate,  or  which  >t  is  not 
have  in  their  result  conduced  to  that  l>enefit "  {per  Lord  i>cncfit  of 
Westbury,  C,  in   Bartlett  v.  Wood,  9  W.  R.  SIT)  ;  and  in  <hc  cst«tc. 
that  case  the  costs  occasioned  by  charges  of  fraudulent 
conduct  made  in  an   infant  legatee's  bill  against  the  exe- 
cutor and  disproved  were  disallowed.     So  in  Marahdl  v. 
Bremnci',  '1  W.  R.  320,  the  assignees  in  insolvency  of  one 
entitled  in  remainder  having  filed  an  :ulministration  claim 
seeking  to  have  certain   ha-sdiolds  converted,  the  Court 
being  of  opinion  that  the  tenant  for  life  was  entitletl  to 
enjoy  the  leaseholds  in  spci-ir,  gave  tho  ])laintitr  no  costs. 
In  Macl>eii:it'  v.   Tttylor,  7   Beav.  4(i7,  a  bill  for  general 
administration  was  filetl  on  behalf  of  infants  entitled  to 
one  moiety  (jf  the  residue,  and  the  persons  entitled  to  tlic 
other  moiety  by  answer,  and  at  the  hearing  objected  to 
the  suit  as  unnecessary,  and   tho  accounts  having  proved 
to  be  substantially  correct,  the  costs  were  ordereil    to  ho 
paid  out  of  the  plaint itV's  share  alone.     See  also  Ihtrbrr  v. 
Barber,  .'i  My.  I'v:  Cr.  (J.SS,  where  the  costs  were  j)aid  out  of 
tho  two  shares  of  residue  which  alone  were  substantially 
affected  by  the  stiit  ;  It W lard  v.  Fidptnl,  \  Ch.  ]).  .SM!»  ; 
46  L.  J.  Ch.  4;t;  ii.')   W.    R.   KM  ;  X^    L.  T.  7:)() ;  In   re 
Chennell,  Jones  v.  ChnneU,  H  Ch.  I).  4!l2. 

But  if  the  suit  has  enabled  the  C«)urt  to  administer  the  Hut  tho 
estate,  the  plaintitV  thoui-h  he  fails  in  his  nartienlar  claim  •'''""|"'^ 
will   be    allowed    his  costs  ;   see   Tlion)/>s<>u   v.   S/iejtjxa-d,  i»ll<'«e.l 
2  Cox,  Itil,  will  If  the  plaintitV  fdtd  his  bill  mi  the  footing  Iim,,'!*.),  l,o 
of  an   intestacy,  and  a  will  was  afterwards  established   in  f''''/^ '" '''^ 
the  Ecclesiastical  Court;  and  Taiflor  v.  llaytjarlh,  «S  Jur. 
135,  where  the  plaiutifl*:!  unsuccessfully  claimed  to  be  tliQ 


172 


COSTS    IV    rARTK^ULAR   ACTIOKS. 


An  action 
for  «<lniin> 
idtrittion  nf 
kn  infjuit'ii 
proiirrly 
jirimi'i/neit 

K   IwiK-flt 

to  hiin. 

What  wonU 
Duffiricnt 
to  throw 
the  ro»Ui 
nn  a 

IMirt  irut.tr 
f<in<l. 

"  Tr»U. 

mrnt*ry 

CIPCtlM!*." 

toniht|i  ri- 


next  of  kin  of  an  lu.  i.ti.  .  umI  the  real  next  of  kin  were 
ascertained  l>y  onf|uiri«H  in  the  suit  ;  and  sc-c  the  cases  on 
this  point  collected,  ante,  p.  97,  srq.  The  Court  also 
considers  that  it  is  pr'nuti  ftic't'  a  iK'nefil  to  an  infant  to  l»e 
nia<ic  a  ward  of  Court  and  have  his  property  secured  and 
duly  administered  {iter  L.  J.  Turner,  Clayton  v.  Clarke, 
I»  W.  K  718). 

It  is  now  sctthnl  (contrarj*  to  some  former  c.i.>i ->,  that 
the  term  "  testamentar}'  expenses,"  or  "  exccutt.>rHhip  ex- 
pi-nses,"  includes  the  cofftJt  of  an  notion  for  admiuJAtratioo  ; 
and  f'        '  .'.-••  •        •    .•  ,  j^^ 

of  Hii  ^  •  ■       ;  .  -ion 

in  exoneration  of  the  general  csiatc  {M'dea  T.  Harrimtn, 

n  ch.  :iir,;  4n  L  .i.  <h  3h5;  ti  \\.  R  \\\ ;  :jo  l.  t. 

HM);  He  Ynviii/.  Yi,uu>j  v.  IhJman,  44  L.  T.  4UI) ; 
IfarhM-  V.  IfarliM-.  20  Iv|.  471;  44  L.  J.  Ch.  512;  2:1 
W  11  7H9;  ;W  L.  T.  247  (tlislinnuiAhinj?  In  rt  Biei't 
i:-'>f-.  ^•  f  /  V.  ir.ir,.rr.  ir,  h^j.  577;  21  W.  K.  SOH); 
!•'  ..nj  V.  J  ..,ny,  11  Ch.  I).  440;  4M  L  J.  Ch.  6!»1  ;  40 
L.  r  39.J ;  Sluirp  v.  /,mVi,  10  C\}.  D.  408 ;  Morrrll  v. 
Finher,  4  I),  (i.  t^  S.  422K  Ifinwne  v.  (ir>Himbrlthj^,  4 
Mad.  49.'),  an«l  the  numerous  r-v  A  •' nt  foUuwed  il.  must 
iherefori"  ho  considrretl  to  be  <  i. 

Hut  the  term  "testamentary  expenses"  doc«  not 
inohuii*    till"    costs   of   adniini  •        .  ••   /,.^j_ 

iu»i  \.  Ji<tr,ir(i,   45   L.  T.    2!'_    .     4  a 

direction  in  a  will  that  costs  of  administration  are  to  conic 
out  t»f  a  jvarticidar  fund,  the  Court  will  not  hesitate  to  de- 
prive of  his  costs  any  plaintiff  who  has  ini>titute<t  an  im- 
pri»|)er  adniinistnition  suit  (He  Young,  Yuunt/y.  iMtiman). 
The  charge  in  a  will  of  the  '*  costs  of  executing  the  trusts 
hereof,"  u|x>n  a  fund  to  l>  !.•  l»y  the  cxecdtor-*,  was 

held  ni»t  t*»  extent!  to  th«  :   executing  the  trusts  of 

the  real  estates,  being  confined  to  the  costs  of  executors 
in  that  diameter  (Lord  Hromjhaui  v.  lA)rd  W.  Poulett, 
19  Beav.  119).  In  a  creditor's  action,  the  costs  are  pay- 
able out  of  the  same  funds  as  the  debts,  and  therefore,  if 


ACTIONS   FOR   APMINISTUATIOX   OF  ASSETS,  173 

a  particular  fund  or  estate  is  cliargeJ  with  debts,  the  costs 
of  a  creditor's  action  also  will  be  charged  upou  it  {Wihou 
\.  Heaton,  11  Beav.  492;  and  see  Mutlow  v.  Mutloio, 
4  De  G.  &  J.  530).  Where  a  testator  had  charged  his 
real  estiite  with  payment  of  his  debts  in  exoneration  of 
his  personalty,  it  was  held,  Lord  Kingsdown  (Uss.,  that 
this  did  not  include  costs  to  which  the  executur  had  been 
put  in  resisting  an  unfounded  demand  by  a  creditor ; 
such  costs  being  costs  of  administration,  and  therefore 
payable  out  of  the  general  personal  estate  (Lovat  v. 
F)xi8er,L.  R.  1  Sc.  Ap.  24). 

If  an  administration  action  is  also  for  other  purposes,  or  Whore  tho 
it  becomes  necessary  to  administer  or  execute  the  trusts  !|[j.j''f"  " 
of  another  estate  or  fund  in  it,  the  costs  of  the  action  will  other 
be  divided  ;  see    Yoiinrj  v.  Martin,  2  Y.  Sc  C.  C.  C.  582,  ^"'■'''^''* 
where  the  costs  of  a  suit  to  administer  the  estate  of  a 
testatrix,  including  a  fund  appointed  by  her  will,  were 
payable,  so  far  as  related  to  the  appointed  fund,  out  of 
that  fund,  and   a.s   to  tho   remainder  only,  out  of  general 
estate.     In  Irliij  v.  Iil>i/,  24  Beav.  52'),  the  costs  of  a  suit 
to  administer  the  estate  of  a  tenant  for  life  of  a  settle- 
ment, to  whom   the  trust  funds  had  been  lent  on   mort- 
gage, and  to  realise  the  mortgage  and  incidentally  exe- 
cute the  trusts  of  the  settlement,  were  payable,  so  far  as 
an  administration  suit,  out  of  as.sets,  but  so  far  as  increased 
by  its  being  a  suit  to  execute  the  trusts  of  the  settlement 
out  of  the  settlement  funds.     And   in   JJemt   v.  Morris, 
5  W.  R.  345,  it  was  held  that  the  costs  of  administering 
two  estates,  which  had  been  dealt  with  as  one  fund,  should 
be  paid  out  of  the  estates  e<{ually,  thou^li  tli«v  wire  un- 
equal in  amount. 

The  costs  of  a  suit  to  execute  the  trusts  of  the  will  of  a 
married  woman,  made  under  a  power,  her  general  estate, 
which  was  not  com])riscd  in  the  will,  being  administered 
under  the  decree,  were  borne  by  the  two  funds  equally 
(MayJ  V.  Field,  24  W.  R.  Gi\0).  In  Mcnteath  v.  Camp- 
bell,  26  W.  R.  S4.S,  it  was  held  that  the  costs  of  obtaining 


171  (UMS    IN    rAUTl"  ILAU    ACTI<>KS. 

probate  of  the  will  of  a  marricil  woman,  wliicli  purported 
to  be  ma<lc  under  a  power,  but  merely  operated  to  pjjss 
her  separate  estate,  must  fall  u|V)n  tin*  appointed  fund  ; 
but  8ee  BlaiUod-  v.  GviinlU,  7  Eq.  21'. .  17  W.  R.  11  + 
Whero  a  suit  was  instituted  by  the  admiiii>trator(^'  iMimn 
lion  (»f  a  testator  aj^iinst  the  personal  representative  of  a 
ilefaultinjf  executor  of  the  same  testator,  to  recover  the 
amount  due  from  him,  and  also  to  administer  the  estate 
of  the  ori^dnal  testator,  it  was  held  that  the  executor's 
estate  must  bear  the  costs  of  it  (Hyatt  v.  Ilijutt,  .'iO  R'av. 
630) ;  but  in  Palmer  v.  Journ,  43  L.  J.  Ch.  lUi),  where 
an  executf>r  died  insolvint,  havi;  ij>lii«l    the  .i 

and  an  administmtion  suit  wa-'<  i  n;(ainst  his 

cutors,  who  accounted  for  what  they  had  received  of  the 
tesUitor's  estate,  it  was  hehl  that  they  were  entitle<i  to 
the  costs  of  accounts  against  themselves,  but  not  to  costs 
of  accounts  against  the  estate  of  the  insolvent  executor; 
and  that  as  to  other  costs  of  suit,  being  parties  in  )>oth 
capacities,  they  sliould  have  half  the  costs  ;  and  see  also 
Kitto  v.  Luke,  2.S  W.  K.  411. 

A  (lilt  t  tion  that  costs  are  to  be  paid  out  of  a  {particular 

liniti,  docs   not   conclusively  determine  that   that  fund   is 

ultimati'ly  to  bear  them;  see  S/iej}jntiil  v.ShtpjMinl,  '.V,i 

Heav.  121),  where  costs  had  lx?en  ordered  to  1m?  |)aid  out  of 

income  instead  of  out  of  capital,  and  it  was  held  that  this 

did  not  prevent  the  matter  IxMng  afterwards  set  right. 

■Wlicre  real       As   t<>  the   nioile    in  which  the   e«»sts  of  a  suit   to  ad- 

''"''      ,      minister  both  real  and  personal  estate  should   be  borne, 

i-sUitcs  arc  the  rulo  seems  formerly  to  have    been    as   follows,  viz., 

Tsxv^-li  in    ^^''^^  where  a  testator  created  a   mixed  residue  of  realty 

ih.'  s;imc     and  pcrsonaltv,  and  the  two  were  a<lministered  together 

action.  'r         ^       \  ex  •  •  t  f 

as  a  common  inud,  the  costs  of  the  suit  were  paid  out  of 
both  ratcably,  according  to  their  respective  values ;  but 
where  the  real  and  {XTsonal  estate  were  given  upon  dif- 
ferent tnists.  and  a  suit  was  necessar}-  to  determine  the 
rights  of  parties,  the  general  costs  of  the  suit  were  pav- 
able  exclusively  out  of  the  general   jx-rsonal  estate,  even 


ACTIOKS   FOR   ADMINISTRATION   OF   ASSETS.  1(0 

although  the  difficulty  arose  with  respect  to  the  real  estate 
solely,  if  there  was  a  prayer  in  the  bill  for  admiuistration 
of  the  personal  estate  also.  See  in  illustration  of  the  prac- 
tice as  stated  above,  Cradock  v.  Given,  2  Sm.  i.^'  G.  241  ; 
Bunnett  v.  Foster,  7  Beav.  540  ;  S.  C.  on  appeal  sub  nam. 
Christian  v.  Foster,  2  Ph.  161;  JoJnu^ton  v.  Todd,  8  Beav. 
489;  Green  v.  Bushi/,  W.  N.  (186G),  344;  i^kirroiv  v. 
Skirroiu,  17  W.  R  750,  where  the  costs  were  paid  rate- 
ably  ;  and  Fiiphy  v.  Moi/sri/,  1  Ke.  578 ;  Fidford  v. 
Brown,  2  K.  &  J.  420  ;  Stringer  v.  Harper,  20  Beav. 
585  ;  Barneurll  v.  Ircmonger,  1  Dr.  &  S.  255  ;  Maddi- 
son  v.  Chapman,  1  J.  i^-  H.  470;  Fuxlcf/  v.  Fuxlef/,  I 
N.  R.  509  ;  Band  field  v.  Randjield,  2  N.  R.  309  ;  11 
W.  R.  847 ;  where  the  costs  were  paid  out  of  the 
personal  estate  only.  In  Sanders  v.  Miller,  25  Beav. 
154,  however,  the  costs  of  the  suit,  so  far  as  it  was 
for  the  administration  of  the  real  estate,  were  ordered  to 
be  paid  out  of  the  undisposed-of  realty,  and  so  far  as  for 
the  administration  of  the  personal  estate  out  of  the  un- 
disposed-of personally.  Ami  the  Court  of  Appeal  has 
recently  laid  it  down  that  where  an  a(.'ti(ni  is  bn>ui,dit  for 
the  administration  of  real  and  personal  estate,  the  general 
costs  of  admin-istration  must  be  borne  by  the  personal 
estate,  and  any  additional  costs  caused  by  administering 
the  real  estate  must  be  borne  by  the  real  estate  ;  and, 
further,  that  it  is  the  duty  of  the  judge  to  apportion  the 
costs,  and  not  leave  the  matter  to  be  dealt  with  by  the 
taxing  master  {Patching  v.  Banutt,  45  L.  T.  292  ;  In  re 
Middleton,  Thompson  v.  Harris,  W.  N.  (1882),  15  ;  30 
\V.  R.  293).  This  must,  therefore,  be  taken  to  express  the 
present  practice  of  the  Court  on  this  point. 

The  cases  as  to  the  liabilities  of  descended  and  devised 
real  estates  for  the  costs  of  an  administration  action,  do 
not  appear  to  lay  down  any  very  certain  or  uniform  prin- 
ciple. In  Roiv  V.  Row,  7  Eq.  414,  it  was  held  that  the 
costs  of  administration  must,  as  between  the  heir-at-law 
and    specific  devisees,  be    borne    primarily  by  the    real 


17C  COST*    IN    I'AltTlCTLAn    ACTIONS. 

estate  descended  ;  but  see  Luck-cra/t  v.  Pridliam,  48  L. 
J.  Ch.  03() ;  W.  N.  (1H79),  94.  In  Scott  v.  Cumberlund, 
l.S  K<|.  :.7>S,  Malin.s,  V.  C,  said  that  tlie  old  rule  that  de- 
scended estates  must  exonerate  devised  estates,  was  still 
in  force,  an«l  held  further,  that  real  estate  descended, 
whether  hy  rea.son  of  lapse,  or  l>ecauso  it  was  never  de- 
vised, must  be  a|)plie<l  in  payment  of  the  costs  of  admin- 
istration in  priority  to  pcrwmal  estate  effoctually  disposed 
of.  On  the  other  hand,  it  wa-s  held  that  whore  part  of  the 
real  estate  wa«  undisposetl  of,  and  descended  to  the  heir, 
the  co.sts  must  be  divided  between  the  ileviscil  and  de- 
scended estates  pro  ittta  {Ma<ldtson  v.  l*i/f,  32  Beav. 
(;.")« ;  and  sco  Jiiiffot  v.  Lfggf,  2  Dr.  &  S.  259  ;  13  W.  R.  1 ; 
r,  N.  H.  :>;  11  L  T.  2<;3;  Jlanlu'icl:  v.  //</rrfuiVil-.  42 
L.  J.  C'h.  (I3(»l  In  this  conflict  of  authority,  it  is  difficult 
to  discover  a  principle  ;  but  it  is  submitted  that  the  true 
principle  is  that  foUowctl  in  .M(t(Uison  v.  Pyc  and  liugot 
V.  l/tgg*\  There  is  no  such  thinp  a.s  a  residue  of  real 
estate,  ])roperly  so  adled,  and  the  devisee  has  no  e<juitj 
to  charge  the  heir  with  the  whole  expenses  of  administer- 
ing the  devised  a.s  well  as  the  descended  estates.  Id 
»S7<a</  v.  JIat\Utkcr,  15  K«j.  175,  where  the  testator 
charged  all  his  real  and  personal  pro|K'rty  with  the  pay- 
ment of  his  debts  and  funeral  and  testamentary  expenses, 
and  the  j>ersonalty  proved  i:  '•  ut  fur  payment  of 
debts,  it   was  held   that  the     .  :;ly  devised  and  de- 

««ceuded  estates  were  liable  rateably  to  the  payment  of  the 
debts  and  exixni.ses,  and  the  costs  of  the  suit.  See  also 
In  re  Jones,  Jone^iv.  Cales^,  lU  Ch.  D.  40.  Where  the 
residuary  personalty  is  insufficient  to  pay  the  costs  of  the 
suit,  then,  as  between  pecuniaiy  legatees  and  residuary 
devisees,  the  deficiency  must  be  made  up  by  the  fonner 
{Tumkins  y.  Coltlairst,  1  Ch.  D.  62G),  following  out  the 
principle  of  Hoisman  v.  Fryer,  3  Ch.  420.  The  costs  of 
the  general  administration  of  personal  estate  should  not, 
in  favour  of  legatees,  be  thrown  upon  descended  realty 
{Uai^ison  v.  Harrison,  8  Ch.  342  ;  21  W.  R.  164).     In 


ACTIOK^    FOR   ADMINISTRATION   OF   ASSETS.  l7v 

Jad'son  v.  Pease,  li)  Eq.  90  ;  23  W.  R.  43,  where  the 
residuary  personalty  after  payment  of  debts  was  insuffi- 
cient to  pay  the  costs,  V.  C.  Hall  held  that  the  deficiency 
must  be  borne  by  the  specifically  bequeathed  personalty,  the 
specifically  devised  realty,  and  the  residuary  realt}',  rateably. 
The  particular  costs  and  expenses,  however,  incurred 
after  an  order  for  sale  of  any  part  of  the  real  estates  in 
effecting  the  sale,  should,  it  seems,  be  borne  out  of  the 
proceeds  of  sale  {BarnewcU  v.  Iremonr/er,  1  Dr.  &  S. 
255).  If  the  personal  estate  is  exhausted  in  payment 
of  debts,  the  costs  will  come  out  of  any  estate  or  fund 
charged  with  the  payment  of  debts  (ir/sJcH  v.  WisdeTif 
5  Jur.  N.  S.  80;  Piu:lci/  v.  Puxhi/,  1  N.  R.  509).  If  Costs  of 
the  action  is  for  the  administration  or  execution  of  the  ^"'^  \"  ^Y* 

cnte  trusts 
trusts  of  the  real  estate  alone,  the  costs  will  fall  on  the  of  real 

residuary  real  estate  {MarnJudl  v.  Grime,  S  W.  R.  385)  .  •^"^  *■'""> • 
or  if  there  is  no  such  real  estate,  upon  the  estates  spe- 
cifically devised  {Sanders  v.  Miller,  25  Beav.  154; 
Barnewell  v.  Iremoufjcr,  1  Dr.  ifc  S.  255)  ;  and  for  the 
purpo.se  of  apportionment,  the  amount  of  the  incum- 
brances (if  any)  on  each  estate  should  bi^  deducted  from 
its  gioss  value  (ibid.).  If  part  of  the  real  estate  is  un- 
disposed of  and  descends  to  the  heir,  the  costs  will  be 
livided  between  the  devised  and  the  descended  estates  j^ro 
raid  {Bufjot  v.  Lcggr;  Maildison  v.  Pije,  cited  ante,  p.  17G). 
In  a  suit  for  executing  the  trusts  of  real  estate  which  has 
been  settled  by  will  upon  infants,  the  Court  has  power,  if 
neces.sary,  to  direct  a  sale  or  mortgage  of  sufficient  part  of 
the  property  fur  payment  of  the  costs  of  the  suit  {MiOideno 
V.  Mandeno,  Kay,  aj^p.  ii.  ;  Adams  v.  Adams,  cited  ibid., 
iii.  ;  Cannellv.  Beebij,  1  Dick.  115,  Beame.s, app.  7).  But 
the  Court  does  not  charge  the  costs  of  an  administration 
suit  on  any  part  of  the  estate  administered  and  direct  a  sale 
against  the  Avill  of  a  person  beneficially  entitled,  who  sub- 
mits to  pay  his  .share  of  the  costs  (Lees  v.  Lees,  15  Eq.  15] ). 

The  rule  which  throws  the  costs  of  the  action  on  thcBuitlic 
part  of    the  estate  which  is  not  specifically  disposed  of,  whtcU^costa 


178 


C(»STS    IN    rAHTkULAR    ACTION'J. 


arc  jiftjai.lc  does  Hot   ai>ply  as    l>ctween    llie    aj<poiulc<l    aiiJ    uiiap- 
(luctlocfi      p<5intcil  portion«  of  a  fiiml    in   course  of   ailmiuUtratiuu 

notnj.|.iy    (TroWnie  V.  Rt,uth>hie,  1   Dc  G.  &  S.  062,  (\1\  ;   Waritu 

JIM  iM-tu'ccn  ,  .  . 

ilip  ap.       V.  PoMtlrthiOiiUr,  2  C<>L  llfi)  ;  hut  the  costs  in   that  case 

jH.iiii«l       ^^^  payalik!  out  of  the   appointc<l   and  unap|x>inti«l  juirtA 
npi^.inU;.!    rateahly,  acconlin;;  to  their  respective  values  {ibid.);  ami 
lunll/'^'*    '*^«'  ^"^f'^orr  V.  Dij^uu,  15  Ch.  I>.  506;  2;»   W.  R.  12.     In 
Wunrn  v.  PoHllfthn\tltf,  the  suit  was  to  administer  the 
estate  of  a  marrioil  woman,  who  had  made  her  will  under 
CohU  nf  K    a  {K)wer.     When  several   a«lministration  suits   have  Ixn-n 
consolidateil,  and  one  iltH-n-i*  made  in  all,  and  the  conduct 
of  them  j^'ivcn  to  the  plaintiHT  in  one  of  them,  he  will  lie 
entitle<l  to  his  further  costs  properly  incurretl  in  prosecu- 
tion of  tin*  dt'ci        '  '  '  '  ■  »Hts  as  plaintifT  in 
his  own  suit,  iii             ^                           ^     ,  and  ex|K  um's  in- 
curred in  the  conduct  of  Rales  under  the  decrco  {Lockhart 
V.  Ilnrihj.  10  IJeav.  2;»2). 

'i'lif  citst.s  of  an  mlminifttration  action  an'  |»ayahl('  in 
priority  to  the  costii  of  n  suit  in  the  rrob;tte  I)ivisii)U 
cluirifc  !o  resixjcting  the  will,  and  there  ordcreil  to  be  paid  out  of 
im;.'nt*i..n  ^''*^  estate  (7/1  »Y  M<i-/lt>  i>\  li>'vlt»  v.  MaifhtiP,  J  Ch.  I). 
in  rn.Uto  5;i(j  .  }fau,r  v.  Mnjor.  2  ])rew.  2Hl)  ;  but  not  to  the 
liiii  not  to   charges  lucurreil  in  refercuce  to  Iho  e«tiUe  by  an  omcer  of 

charK^of    jii^j  Court  wlurc   the  estate  is  bcini;  administered:    sec 

an  officer  ,  .  " 

ofUio         Min'l«on  V.  ^foriiiou,  7  De  O.  M.  i^  (J.  214,  224,  where 

the  estate  cumpriseil  West  India  pro|K-rty,  and  the  con- 
signee appointi^il  by  the  Court  was  allowed  to  retain 
advances  made  by  him  out  of  tli  '  i  :     lity  to  the 

costs  of  the  suit.     An  executor  r  has  also 

a  right  to  retain  his  own  ticbt  in  priority  to  the  costs  of 
the  suit  {Clii.'ismn  v.  Dnct's,  5  Uuss.  29;  Tippiuij  v. 
\n  iiriority  Powcr,  1  Ha.  4()5  ;  Ilofue  v.  Hhephcrd,  20  L.  J.  Ch.  hl7  ;  ."l 
Jur.  N.  S.  S(t6 ;  Richmond  v.  White,  12Ch.  D.  301) ;  notHiith- 
standing  Locones  v.  Stothcnl,  1  S.  &  S.  4.'>ii,  contiti.  And  as 
to  the  priority  of  the  costs  of  the  suit  over  debt>,  .see  po«t. 
K.xccutors  and  administrators  are,  in  the  absence  of 
gross  misconduct,  entitled  to  their  full  costs  of  the  suit  as 


|>lnintiir 
liAvinK 
tlio  am- 
•lurt  of 

MiiUi  con* 
•olidale*!. 


<\MtN  of 

iiuit,  a 
|irior 


Court, 


Ri^lil  of 
rvtaiiur 
by  cso'ii- 
tor  of  hill 
own  ik-lit 


to  tlio 
cosIh  of 
tiic  suit. 


Cost*  of 

executors 

and 


ACTIONS   FOR   ADMlMlbTRATION'   OF   ASSETS.  170 

between  solicitor  and  clieut  out  of  the  estate,  together  a^lminis- 
with  any  other  costs,  charges,  and  expenses  properly  in-  aTnlints" 
curred   by   them    (lUite,  p.  5  ;  and   see   Sharp   v.  Lush,  tration 

suit.s 

10  Ch.  D.  4G8 ;  27  W.  R.  528)  ;*  and  in  priority  to  all  other 
parties,  as  to  which  sec  post.  As  executors  can  only 
obtain  complete  exoneration  by  having  their  accounts 
passed  in  the  Court,  the  Court  is  anxious  not  to  deter 
thorn  from  so  doing  by  refusing  them  costs  {Low  v.  Carter, 

1  Beav.  42G  ;  Hall  v.  llallct,  1  Cox,  141 ;  and  see  Howard  v. 
Easton,  29  W.  R.  885 ;  Citrtcis  v.  Candler,  G  Mad.  123). 
And  if  an  executor  refuses  to  join  his  co-executor  as 
a  plaintitf  in  a  proper  case,  and  is  therefore  made  a 
defendant,  he  will  be  refused  his  costs  {Colhjer  v,  Dudleij, 

2  L.  J.  Ch.  (0.  S.)  15).     The  mere  fact  of  executors  being  Mere 
charged  with  interest  on  balauces  in  their  hands,  or  any  ^iu  not 
mere  ne<diwnce,  is  not  in   itself  a  sufficient  irround  for  ^•'M'rive  an 

.   .   .         °°  '        .  -    ,  .  °  executor  of 

Visiting  them  with  the  costs  of  the  action,  or  even  refusing  his  costs. 
them  costs  {Flanamin  v.  Nolan,  1  Moll.  84;  Travers  v.  ^f '""^'" 

_     _  "'  '  retaining 

Townsend,  ibid.  49G  ;   Xoblc  v.  Mei/mott,  14  Beav.  471  ;  i>aiancos 
Bennett  v.  Atkins,  1  Y.  &  C.  247  ;   Woudhcad  v.  Marriott,  JlS  ^„.i 
C.  P.  C.  G2  ;  Fglin  v.  Saumlcrson,  3  Giff.  434);  notwith-  <'ii'»'-«c.i 
standing  Lord  Loughborough's  dictum  in  Sccrs  v.  Hind,  interest. 
1   Yes.  juur.  294,  which  wa.s   disa])piuved   of  by  Sir  W. 
Grant  in  Ashburnham  v.  'Thomj^son,  13  Yes.  402,  as  too 
broadly  stated.     "  I  have  often  lieard  it  laid  down  as  a 
principle  by  some  of  the  greatest  judges,  that  an  executor, 
though  in  the  result  made  answerable  for  default  by  reason 
of  loss  incurred  through  neglect,  or  chargeable  with  interest 
for  retaining  money  in  his  hands,  yet  if  there  was  nothing 
V)cyond  such  negligence  or  retention  of  money  against  him, 
is  entitled  to  the  costs  of  the  suit "  (per  Sir  A.  Hart,  L.  C, 
in  Travers  v,  Toiunscnd). 

But  if  the  executors'  accounts  are  falsified,  or  they  have  But  if  the 
been  guilty  of  gross  or  wilful  negligence,  or  have  acted  "HSy 

of  gross 
•  The  costs,  charges,  ami  expenses  of  gottingin  a  particular  ilobt  sppci-  miscou- 
tically  bc(picatheJ  are  allowed  to  the  exociitors  out  of  the  general  estate  ami 
are  not  charged  on  the  particular  fund  (Perry  v.  MaUloircro/f,  i  Beav.  201), 

N  2 


180  COSTS    IN    PARTICrLAU   ACTIONS. 

duct.  tLcy  from  fraudulent  or  intcrotcd  motives,  tlu y  will  have  to 
Tilitcd  P^y  ^''^  ^^^^^  ^^  ^''^  ^"'*»  ®^  ^  much  of  it  as  has  l>e€n  oc- 
with  co«u.  casioncd  by  their  misconduct  ;  or,  at  least,  will  not  be 
allowe<l  costs;  antl  see  GilUrt  v.  J^f,  13  W.  R.  1012. 
Mherc  llomillv,  M.  R.,  disallowed  the  costs  (»f  an  executor 
who  vexatiously  obstnicte«l  the  taking  of  his  accounts. 
The  general  principle  is  thus  state«l  by  Sir  T.  Plumer  : 
"  If  a  suit  would  have  been  proper,  and  the  cxi-cutor  a 
iiecesRary  party,  though  the  cxecut«jr  had  not  misconductc*! 
himself,  he  ought  not  to  |Miy  all  the  costs  of  such  suit, 
though  in  the  coupw  of  the  suit  it  npfnars  that  he  has 
misconducted  himself;  but  if  the  mi.Hcon*luct  of  the 
executor  was  the  sole  occasion  of  the  suit,  he  ought  then 
to  pay  the  Costs"  (Tfhhs  v.  Cn'i^nt'  r.  I  Mad.  290).  And 
in  Jfetnjh  V.  ScunI,  24  W.  R.  ul.  Sir  ('.  .1.  vm  1  M  11 
expressed  himself  as  follows: — 

"In  certain  cases  of  mere  nej^lect  or  rvfnmd  to  fuihi>ii 
accounts,  where  the  ne;;lect  is  very  uro**-**!  "^  the  refusal 
wholly  indifeusible,  I  res<rve  to  myself  the  right  of  making 
the  executor  or  trustee  |>ay  the  costa  of  litigation  caused 
by  iiis  neglect  or  refusal.     But  I   '^  '  '  !f 

from  saying  that  in  every  case  of  m'.;         _,        ,  n 

every  case  of  more  refusal,  an  honest  executor  or  trustee, 
who  has  fairly  •'  1  his  duly,  an  onerous  and  thank- 

less duty,  is  to  1. 1»  .  -i-.  But  where  I  find,  in  ndditi«»n  to 
an  unjustifiable  neglect  i«r  «lelay  that  there  Iixh  bein  mis- 
conduct in  dealing  with  the  trust  fund,  then  I  look  U|>on 
that  neglect  or   '   '  .f  the  latter  mis- 

conduct  ;    and  ^  \.  ••.  the    neglect  or 

delay  might  not  be  sufficient  to  induce  me  to  order  the 
trustee  or  executor  to  pay  costs,  yet,  wlien  combined  with 
such  misconduct  I  should  order  him  to  ilo  so." 
^^^  In  the  following  cases— Bailry  v.  Goul'l,  4  Y.  &  C.  221  ; 

executor*  J>etnu'tt  V.  Atkins.  1  Y.  &  C.  247;  XuUe  v.  Mei/motl, 
*;^"'  ,  14  Beav.  471  ;  Fhin<n/an  v.  Xolan,  1  Moll.  .S4  ;  Tifii'erft 
thoir  full  V.  Toii'tisrihl,  ibid.  45)0;  I{it>/ils  v.  Rm/il.t,  14  IVav.  .'>4  ; 
'''''**•  Cofton  V.   Cfurkr,  1(3   Beav.  'l:}4  :    llohjaU   v.   Huwrth, 


ACTIONS   FOR   ADMINlSTnATION    OF   ASSETS.  181 

17  Beav.  259,  executors  retaining  balances  in  their  hands 
and  charged  with  interest  thereon,  were  nevertheless 
allowed  their  full  costs;  and  in  Taylor  v.  Tabrum,  G  Sim. 
281,  they  were  allowed  costs,  though  charged  with  a  loss  of 
£3,000.  Again,  in  Bennct  v.  Goinrj,  1  Moll.  520,  an 
executor  in  whose  accounts  £300  had  been  disallowed  had 
his  costs ;  the  disallowance  of  a  credit  honestly  claimed 
not  being  a  falsitication  of  accounts  ;  and  see  Smith  v. 
Cremer,  24  W.  R.  51 ;  Massey  v.  Massey,  17  L.  T.  233. 

In  Raphad  v.  Bochn,  11  Ves.  02  ;  13  Ves.  500  ;  TMs  v.  Where 
Cavpe.nter,  1  Mad.  290  ;  Pocock  v.  Reddington,  5  Ves.  800;  ^cVe 
Coh/er  v.  Coh/cr,  11  W.  R.  79  ;  32  L.  J.  Ch.  101,  executors,  f  ^'"•c'l 

•^  .         .  .  .  ^"0  costs 

though  chartrod  with  interest  on  balances  in  tlieir  hands,  of  the  suit 
were    allowed    the   costs   of  the   suit,  except   as   to   tlie  "'gpepj!^] 
enquiries  thereby  rendered  nece.s.sary,  of  which  they  had  inquiries 
to  pay  the  costs   in    Tehlm  v.    Carpenter,  and  of  which  ^y  thoir 
no  costs  were  given  in  the  other  cases  cited.      And  in  I'rca.h  of 

.        trusL 

Ileirjhinijton  v.  Grunt,  1  Pli.  GOO,  tliey  were  charged  with 
compound  interest,  and  ui.'ide  to  pay  the  costs  of  %o  much 
of  the  suit  as  sought  to  charge  them  witli  interest,  but 
received  their  full  costs  of  the  rest  of  the  suit  ;  and  .see 
Pr'ide  V.  Fook^,  2  Beav.  430 ;  Smlthorpc  v.  Tipper,  13  E.j. 
232,  where  trustee.^  were  ordered  to  pay  so  much  of  the 
costs  as  was  caused  by  their  defiiult ;  ]\'ildin(j  v.  Landor, 
W.  N.  (18GG),  327.  "in  Jiirk.'i  v.  Mickletlnuait,  34  L.  J. 
Ch.  3G2,  where  large  balances  were  found  due  from  exe- 
cutors, they  were  not  allowed  any  costs,  even  on  condition 
of  making  good  the  balances. 

Lastly,  in  Seers  v.  Hind,  1  Ves.  junr.  294;  Xeirton  v.  Where  the 
Bennet,  1  Bro.  C.  C.  3G2  ;  Roche  v.  Hart,  11  Ves.  58,  G2  ;  l^^^^^''"^ 
Mosley  v.  Ward,  ibid.  581,3;  Ashburnham  v.  TAom^^on,  p'!'»'«c'> 
13  Ves.  402  ;   Crackdt  v.  Bdhune,  1  J.  &  W.  58G ;  Tid'ner  tWoiL 
v.  Smith,  3  Sm.  6i  G.  42;  Eyfia  v.  Saunderson,  3  Giff.  «^  ^^^^  s"'*- 
434  ;  Walrond  v.  Walrond,  29  Beav.  58G,  the  executors 
had  to  pay  all  the  costs  of  the  suit ;  and  see  Wroe  v.  Seed, 
4  Giff.  425  ;  In  re  Raddyffe,  Pearcc  v.  Raddyfe,  50  L.J. 
Ch.  317  ;  29  W.  R.  120  ;  Hooper  v.  Hooper,  \\.  N.  (1874), 


>li'-I.t..>ini< 
I 


182  C08T8    IN   PABTICULAB  ACTIOyS. 

174.  lint  if,  \\hcii  ordtTciJ  to  |>ay  the  cost«  at  the  hearing, 
they  couiply  with  the  decree,  they  may  receive  their 
8ub8e<|ucnt  cost«  (Hcweit  v.  Foster,  7  Beav.  34ii).  In  Hide 
V.  IlnyvxjoJ,  2  Atk.  12'"  'ty  of  fraiul  were 

cliarge<l  with  costs,  nrttwr  _        ,      ial  ilireclion  iu 

I'ut  the  will  that  they  Khould  have  costs  out  of  the  ottate.    But 

txt-ut.ini     ij"  jIjj.    p)jiit,tify  fails  to  e.«*talili8h  the  particular  ehar.;'^ 

<  ntill<'<i  to  •  • 

r.M-  of  made,  the  execut<»rK,  though  they  have  been  guilty  i>t 
iif;,'ligcnce,  will  Im)  cntitle<i  to  their  costii  of  meeting  tho»o 
•  hargea ;   ficc  Smith  v.  Chambers,  2  Ph.  221,  where  it  was 

i;..,!..../       1"M  that  tl.  •  '  '■  '      !   '  :.\\v.j.u 

ii^:>„cmr.  m-iiy,,  were  i  i:.  1 

therefore  the  exocutoni  were  allowed  comU.  And  sec 
further  oh  to  the  c«»HtH  of  injudiciitU!>ly  d<  ' 

yoUe  V.  Jhrtt,  5  Jur.  N.  S.  4;   2h  I     •  :  .._. 

they  were  not  allowed  ;  (inthnm  v.  )'■  .  H4  L  J.  Ch. 

220;   la  W.  R  396;   11  Jur.  N.  8.  Ion;    12  L  T.  39. 

KwM.t..,,    Where  two  or  m         '  •-     >     •  :     ,.      .    .  i         ,_ 

iiii|>lim(c«l  ,  , 

11.  Ii..,rli      of  trU^t,  till'    Jiia:  _  t 

'       of  \m  costs  hy  all,  and    the  ( 'ourt   will    not  dtstinguiiih 
juiiiUj.        iM'lween  the  relative  degrcNvs  of  ty  (/xp 

Huxvle.  2  Ph.    140j.      The  circu:..  that  tl.. 

proves  insufficient  may  be  a  reason  for  rofuAing  the  tru*-  •  ^ 
all  or  a  }>art  of  their  cost«,  if  they  have  not  strictly 
ndin  •  •  -  \  their  tnist  (lirerv.  Tupy,  10  W.  U.  277).  Hut 
ill  li  J  v.  SjHtjf'iirth,  9  Rav,  I9'»,  the  rej)ro«entatives 

of  a  defaulting  executor  fairly  accounting  were  held  cn> 
title*!  to  retain  their  costs  of  the  suit  out  of  tl 
though  in.surticient  to  repair  the  breach  of  tru>t. 
was,  in  fact,  a  mere  creditor's  suit 
Whcro  Or  again,  if  the  executors,  though  not  guilty  of  any 

ii.kvo  i.ctc*I  breach  of  trust  and  without  any  fraudulent  motives,  have 
iKrv,i>viy  acted  jxTversely  or  with  unreasonable  caution  or  suspicion, 
in.n.fon.  they  will  have  to  pay  the  costs  of  a  suit  occasioned  by 
"    ".  such  conduct.     An  execute »r  is  ordiii      ' 

rnutU'n  : 

the  accounts  of  his  testator's  c>tate  to  I ' 
nifusing  to  duar)'  legatee,  and  if  he  refuses  he  will  have  to  pay  personally 


ACTIONS   FOR   APMIKISTRATION   OF   ASSETS.  183 

the  costs  of  the  suit  up  to  the  hearing  (Kcmj)  v.  Burn,  4  accomit, 
Giff.  348 ;  1  N.  R.  257 ;  11  W.  R.  :27«  ;  l)  Jur.  N.  S.  375)  ; 
but  not  the  subseciueut  costs  if  he  accounts  fairly  {ibid.) ;  and 
see  the  cases  collected  ante,  p.  102.     In  Greshamx.  Price, 
35  Beav.   47,  however,  executors  ^Yho  had  neglected  to 
produce  their  accounts  were  merely  deprived  of  their  costs 
up   to   the  hearing.     So   in  a   legatee's  suit,  where   the 
executor  has  returned  eva,sive  answers  to  enquiries  by  the 
legatee  {Grierson  v.  Astle,  3  L.  T.  288)  ;  or  has  been  un- 
reasonably cautious  as  to   the  evidence  of  a  matter   of 
fact  {Lyse  v.  Kingdon,  1  Coll.  184) ;  or  has  annexed  con-  or  pay  a 
ditions  to  the  payment  of  the  legacy  which  he  has  no  right  ^^"^^^ 
to  impose  (WaJtrvw  Pati'y,  1  Rus.  375).     But  it  seems  the 
legatee  should  exhaust  every  means  of  obtaining  payment 
of  his  legacy  before  instituting  a  suit  [Ai/lnvr  v.  Winter- 
hothara,  4  Jur.  N.  S.  ID).     Trustees  ought  not  to  refuse  to  orncouro 
pay  a  settled  legacy  into  Court  under  the  Trustee  Relief  l^citTcMn 
Act,   if  .so  requested,  and  having  refused  so  to  do,  they  ^'ourt. 
were   charged    with    the   costs    of    a    suit    to    secure    it 
{HamUeij  v.  D<ivie'<,  5  Jur.  N.  S.  lOO).     And  an  executor  Exccut-ir 
or  trustee  is  nut    justified  in   refusing    ti)    pay  a   legacy  h^vh"?'*" 
or  distribute  a  fund  without  tlie  direction  of  the  Court,  '^'*>'-'' 

.  I       f    1  1       1       1  .        •  1  .,        tloiibt.s  in  a 

on    the  ground  of    legal    i|t»ul)ts    in    a    clear   case.      See  clear  ca.-(.'. 
Harvey  v.  Harvey,  3  Jur.  \)V^  ;    Harrows  v.  Greenwood, 
4  Y.  &  C.  251  ;  Firniin  v.  Pulham,  2  Do  (}.  &  S.  99; 
Price  v.   Londen,  21   Beav.   5()M,  where  the  executor  or 
trustee  had  to  pay  costs;  and  Kniyht  v.  Martin,  I  R.  Sc 
M.  70,  where  he  got  no  costs.     But  on  the  etlier  hand,  the  Opinion  of 
opinion  of  counsel,  however  eminent,  is  no  protection  to  pnltwiion 
an  executor  against  costs  if  he  takes  upon  liiniself  to  act  ^"  ^''"'^."" 

...  ,         ,.  ,,     ,  -It       •   I  1  •        tor  aijainst 

upon  a  particular  construction  ot  tlie  will  without  .seeking  costs, 
the  direction  of  the  Court  (JiouUon  v.  Heard,  3  I)e  G.  M. 
&  G.  G08) ;  and  if  he  distributes  the  whole  estate  according 
to  a  wrong  construction,  he  will  have  to  pay  personally  the 
costs  of  a  suit,  in  which  the  plaintiff  successfully  establishes 
his  title  to  a  .share  (ibid.).  The  reasiMi  there  assigned  for 
charging  the  executor  personally  with  co.ils  was  that  bv 


184  COSTS   IX   PARTICULAR   ACTIONS. 

distributing  tlic  estate  he  hail  prevented  the  plaintiflf 
having  his  rights  determined  at  tlie  expense  of  the  estate ; 
and  see  Curt'in  v.  RohinKun,  8  Beav.  'l\'l. 

Where  sun'iving  executors  i ni pro j>crly  resisted  the  claim 
of  a  legatee  on  an  adniini«trati<in  summons,  but  gave  no 
notice  of  the  proceedings  to  the  executor  of  their  deceaiiod 
co-executor,  it  wius  held  that  the  estate  of  t!       '  ' 

executor  wjus  not  liable  for  iIk-  costs  of  surh   ; 
(Pauil  V.  Moiiinxer,  21)  U  T.  41S.. 

Where  executors  in  making  a  |>;irl»ai  .iiAinl>uU»n 
of  a  residue  made  two  seriouji  raislakei*,  it  was  held 
that  the  whole  cos  I  j«  of  iho  suit  should  bo  taken  out  of 
the   estate   a*   if    they   batl    never  divided    it,   and   the 

/v. 
Fulfonl,  i-Ch.  D.  389 ;  46  L.  J.  Ch.  iS ;  25  W.  R  161  ; 

:]:.  L  750)  ;  and  "     "  .",:>  L  T.  421 

In  /;»  rt  Tan,,,    ..  .  »,  7  Ivj.  436,  ox  ecu  tor* 

(bencticiaries)  made  up  their  nccounU,  set  ayMTi  a  portion  of 
the  residue  as  an  indemnity  fund,  and  |»aid  the  adult 

their  hhan-s.r.t.i"  *'  ' .!  invest r 

of  certain  infant  1' „  iledan.. 

tmtiou  suit,  in  which  the  executor's  accounts  were  sub- 
stantially uphelil ;  and  it  was  luld  that  t" 
jMiid  out  of  the  undi^lributcil  residuary  c*i-: 
the  adult  legatees  nor,  in  the  first  instance,  the  executors 
should  receive  costs  without  accounting  for  their  shai-* 
and  contributing  t*.  t'  .    but  that  after  |)aynient  ut 

the  costs  of  the  pla  !.d  any  other  parties  entitled 

thereto  out  of  the  indemnity  fund  (which  was  in  Court) 
the  surplus  of  the  fund  shouhl  be  piiid  to  the  executors 
towards  payment  of  their  costs, 
Cost.H  of  An  administrator  of  a  supitosed  intestate,  acting  bond 

\rator       /'<'<".  ^^'^"^  I'^'l^  ^  ^  eutitletl  to  costs  out  of  the  e-state, 
«hoso  jiUliough   a   will    was  afterwards   produced,  the  residuary 

wTorcif.™    legatee  under  which  obtained  revocation  of  the  letters  of 
administration   ami    prol»ate   of  the   will   {Miixhou«e   v. 


ACTIONS    FOR   ADMiNIaTRATIOK   OF   ASSETS.  1S5 

Herbert,  5  \V.  R.  583);  and  see  Taylor  v.  ILiiigarth, 
S  Jur.  135.  But  au  adiuiuistrator  whose  letters  are  revoked 
will  not  get  his  costs  of  au  administration  suit  instituted 
by  him  with  knowledge  that  another  person  claimed  to 
administer  {Houseman  v.  Houseman,  1  Ch.  D.  535  ;  24  W. 
R.  592  ;  3-t  L.  T.  033). 

In  a  recent  case  a  grant  of  })robate  to  A.  was  revoked 
and  probate  granted  to  B. ;  on  aj)peal  to  the  Houjso  of 
Lords  thfir  lordships  were  equally  divided  and  the  decree 
therefore  stood,  and  the  costs  of  botli  parties,  "  as  well  in 
the  Court  below  as  in  this  House,"  were  ordered  to  be* 
paid  out  of  the  estate.  The  personal  estate  being  in- 
sufficient, A.  filed  a  bill  for  administration  in  order  to  get 
his  costs,  and  sums  expended  by  him  as  executor  before 
the  revocation  ;  and  it  wjus  held  that  the  direction  of  the 
House  of  Lords,  being  based  on  llie  jurisdiction  of  the 
Probate  Court,  did  not  make  A.'s  costs  of  the  probate 
litigation  payable  out  of  the  real  estate,  and  that  adminis- 
tration must  be  limited  to  the  testator's  personalty  {Cli"rfrr 
v.  C/iartcr,  3  Ch.  D.  21S;  45  L.  J.  Ch.  705;  24  W.  K. 
874  ;  34  L.  T.  412).  Where,  however,  executors  took 
legacies  under  the  will  of  their  testator,  which  also  gave 
them  the  residue,  and  the  ne.\t  of  kin  disputed  the  will, 
which  was  established  with  the  excej)tittn  of  the  resiiluary 
clause,  the  executors  were  allowed  all  costs  of  j)roving  the 
will,  including  costs  ordered  by  the  Hou.se  of  Lords  to  be 
paid  to  the  next  of  kin  (F\tlt(ni  v.  Andrew,  4(»  L.  J.  Ch. 
131).  A  personal  representative  claiming  part  of  the 
estate  beneficially  is  in  no  better  position  in  (hat  respect 
than  any  other  defendant,  and  will  hiive  to  pay  the  costs  of 
au  action  in  which  that  portion  is  successfully  recovered 
from  him  {Bruia  v.  Kiu>tt,  12  Jur.  (JKJ). 

\\  here  there  is  a  beipiest  to  a  trustee  for  payment  of  w'hcro  the 
debts  and  tiien  in  trust  for  one  absolutely,  the  lejjatee  is  !«^'"''*"^'»T 
not  a  neces.sary  i>arty  to  a  creditor's  suit,  and  will  be  dis-  ncrc^sary 
mi.s.sed  with  costs,  to  be  paid  by  the  plaiutitl'  (timith  v.  ^""''■• 
AndreiLs,  4  W.  R.  353) ;  but  semhlc,  not  if  he  does  not 


186  COSTS    IN    r.\RTICULAIl   ACTK'yP. 

object  before  or  at  tlie  hearing,'  {]]' ill  lams  v.   WlUiayns, 

1    W.    R.   237).     In    tliat    ca.sc    he   nui.st  bear  his  own 

costs  {ibid.). 

Costs  of  It  seems  that  where  a  pecuniary  or  specific  legacy  is 

^i^Tchl    given  to  a  class,  tlie  costs  of  raising  the  legacy  only  will 

proving'       comc  out  of  the  general   estate,   and  the    costs   of  ad- 

thcir  title  ...  ^        r        \  •    •         ^i  i         r  i 

to  ^harc      muiistenng  the  funu,  Comprising  tlic  costs  ot  each  person 
in  a  ]e;,';i( V,  pj-Qyipor  liis  title  as  a  member  of  the  clas'j,  will  come  out 

come  out      ^  "^ 

of  the         of  tlic  fund  itself  (i^o^'/co^^  v.  Ncinnan, -^  W.  H.  707  ;  2 

lemhc.       J"»*-  N.  S.  702;  Walli^.s  v.  Witham,  Beamos.  app.  1 )  ;  but 

see  contra,  Dwjdnle  v.  Dmjdah,  12  Beav.  247.     And,  of 

course,  where  a  fund  charged  upon  nn  estate  by  a  previous 

settlement  has  to  be  raised  in  an  administration  suit,  the 

costs  of  raising  it  only  conie  out  of  the  estate  {Stewart  v. 

]\[ai-qvis  of  Donnjid,  2  Jo.  «.^  Lat.  {\^i\). 

r.iit  But  all  the  co.sts  of  ascertaining  the  mendicrs  of  a  cla.ss 

rcskhmiv     <^''>titled  to  a  rcsiibie,  or  the  next  of  kin  of  an  intestate, 

legatees      arc  part  of  the  general  costs  of  tlie  suit,  and  are  payable 

and  next  ,.       i  i  i  ^         \     c  i-    •    • 

of  kin,  out  out    ot    the     general    personal    estate    hetore     division 
°^^'"^'        (Shutilnvorth   v.    Hovarth,   Cr.   &  Ph.   228;  Doody  v. 

estate  ^  .  •  ■  1  i>        1 

before  lUfjfjins,  9  Ha.  app.  xxxii.) ;  and  see  further  as  to  the  costs 
chvLsion.  Qf  iiext  of  kin  proving  their  title  in  cXxMwhars,  Bennett 
V.  ^Youd,  7  Sim.  .-.22  :  Bubwdl  v.  T,ifi<irt,  3  Y.  &  C.  173. 
AVhcrc  a  residue  was  given  as  to  one  part  to  A.  and  as  to 
other  parts  to  several  elas.ses,  the  whole  residue,  including 
A.'s  part,  bore  the  costs  of  :uscertaining  the  cla.s.ses  {In  re 
Reeve's  Timsts,  4  Ch.  D.  .s41  :  4(i  L.  J.  e'li.  412  ;  2.3  \V.  li. 
628  ;  3()  L.  T.  JlOti  ;  and  see  Boulton  v.  Beard,  3  De  G.  M. 
&  G.  608).  The  rule  applies  although  the  testator  has 
given  his  residue  in  certain  proportions  amongst  diflferent 
classes ;  and  all  the  costs  of  a.scertaining  the  members  of 
the  several  classes  in  such  case  must  be  borne  by  the 
estate  generally,  although  some  classes  are  more  numerous 
than  others,  and  the  expenses  of  ascertaining  the  members 
of  them  consequently  greater  {Shuitlev.urth  v.  Hovxirtli). 
In  Attorney-General  v.  Haberdashers'  Co.,  4  Bro.  C,  C. 
177,  two  unreported  cases  {Whistler  v.  Batvlinson;  Holden 


ACTIONS    FOR   ADMINISTRATION   OF   ASSETS.  187 

V.  Burnell)  arc  cited  in  which  persons  who  came  in  under 
the  decree,  and  chiinied  to  be  next  of  kin  or  heirs  at  law, 
and  failed  to  prove  their  title,  were  nevertheless  allowed 
their  costs  ;  and  see  SingUton  v.  Toinlinson,  3  App.  Cas. 
405  ;  1  L.  JR.  Ir.  57 ;  2G  W.  R  722  ;  38  L.  T.  653. 

But  any  extra  costs  which  are  occasioned  by  the  con-  But  any 
duct  of  a  residuary  legatee,  or  the  party  entitled  to  a  dis-  oocasionca 
tributive  share,  or  are  for  his  exclusive  benefit,  will  come  ]>y  a  party 

f  ,  •  •  a  1  4    "\7        himself,  or 

out  of  his  own  share.     Ihus  in  Basevi  v.  berra,  14  v  es.  incurred 
313  ;  3   Mer.    676,  the   defendants  being  entitled   to   a  {^^'2^^^'' 
residue  in  equal  shares,  and  long  enquiries  having  been  come  out  of 
rendered  necessary  by  the  bankruptcy  of  a  pei-son  entitled 
to  one  share,  the  costs  were  apportioned  on  the  several 
shares.     So  w^here  pending  the  suit  the  plaintiff,  residuary 
legatee,  compounded  with  his  creditors  and  became  insol- 
vent, whereby  two  supplemental  bills  were  necessary,  the 
costs  of  them  fell  on  the  plaintiff  {Brace  v.  Ovmond,  2  J. 
&  W,   435).     Where  any  of  the   persons  entitled   have  where  any 
incumbered  their  shares  the  rule  is  that  the  assignor  and  |*,|„!j]pg  ^^ 
assignee  are  only  entitled  to  one  set  of  costs  between  them,  an  ad- 
viz.,  the  costs  of  the  assignor,  which   are  directed  to  be  ji^n  suit 
paid  to  the  assignee  towards  his  costs,  so  far  as  the  same  ''a^'c  m- 
may  be  required ;  and  the  excess  (if  any)  of  the  assignee  s  tiicir 
costs  is  payable  out  of  the  particular  share  {G reedy  v.  sliarcs. 
Lavender,  11  Beav.  417);  and  see  Me  BrigJifs  Trusts,  3 
W.  R.  544;  Remnant  v.  Hood,  27  Beav.  G13;  Turner  v. 
Gou'don,  19  W.  R.  403,  S.  C.  sub  noni.  Turner  v.  Soivdon, 
23  L.  T.  799  ;  Perceval  v.  Perceval,  9  Eq.  394  ;  Ward  v. 
Yates,  1   Dr.  &  S.  80.     Lord  Langdale,  M.  R.,  added  a 
direction  to  the  order  in  Greedj  v.  Lavender,  to  exclude 
from  the  assignor's  costs  "  any  additional  costs  incurred  by 
reason  of  the   said  defendants,  or  any  of  them,  having 
assigned,    mortgaged,   or   incumbered    their  shares"    (11 
Beav.  421)  ;  but  Sir  J.  Romilly,  M.  R.  disapproved  of  this 
direction  as  too  refined  {Coates  v.  Coates,  3  N.  R.  355). 
Hall,  V.  C,  has  recently  held  that  if  in  an  administration 
suit  an  inquiry  as  to  incumbrances  is  added  in  Chambers, 


188  COSTS    IN    rAinuULAR    ACTION/. 

the  costs  of  the  inquiry  must  be  treated  as  part  of  the 
general  costs  of  administration  and  be  paid  out  of  the 
general  estate  {Gee  v.  Mahuod,  23  W.  R.  71  ;  W.  N.  (1874), 
207).  In  lleywood  v.  Grazchrook,  13  Jur.  019,  where 
some  of  the  parties  who  had  incumbered  their  shares  had 
joined  other  defendants  in  tlieir  defence,  V.  C.  Knight 
Bruce  held  that  the  estate  should  have  the  benefit  of  the 
assignor  having  joined  with  the  others,  and  the  assignee 
must  add  his  costs  to  his  incumbrance  ;  but  in  Greedy  v. 
Lavender,  11  Beav.  417,  it  was  said  that  the  costs  under 
such  circumstances  must  be  apiK)rtioned.  In  Ross's  Trust, 
15  Jur.  241,  Lord  Cranwortii,  V.  C,  gave  thea-ssignce  of  a 
life  interest  his  own  costs,  and  no  costs  to  the  tenant  for 
life  ;  ami  in  Mussim  v.  llacketl,  2  L.  T.  .'>l>2,  the  Court 
gave  a  married  woman,  who  had  settled  her  interest,  and 
her  chihlren,  and  the  trustees  of  lier  settlement,  but  one 
set  of  costs,  and  left  it  to  the  taxing  master  to  say  to  whom 
they  should  be  paid.  ^Vllere  there  were  two  as-signees 
of  specific  portions  of  a  fund  the  two  portions  bore  the 
costs  of  the  suit  rateably  (llorrison  v.  Harrison,  W.  N. 
(1870),  45).  An  ineumbrancer  will  not  be  entitled  to 
costs  from  the  piaintitf  merely  because  he  is  a  neces.sary 
])arty,  though  from  the  iVame  of  the  suit  he  can  get  no 
relief  in  it  {Jo'/ce  v.  J)e  Mohyns,  3  J.  i^-  Lat.  (»il8).  And 
it  seems  that,  if  the  a.s.signor  is  not  entitled  to  any  costs, 
neither  will  his  assignees  be  so  {Carr  v.  Henderson,  II 
Costs  of  Beav.  415;  Massey  v.  Moss,  1  Ha.  319).  In  the  latter 
.•i.ss;gnces     ^^^^  ^j^^  exccutor  was  in  default  and  bankrupt,  and  his 

in  bank-  _  .  .... 

rnptcy  of  assignees  wcrc  made  parties;  and  V.  C.  ^Vigram  seems 
to  have  thought  they  might  have  had  their  costs,  if  the 
bill  had  unsuccessfully  attempted  to  charge  them  with 
specific  parts  of  the  testator's  estate  (p.  321).  But  where 
an  executor,  who  was  an  insolvent,  filed  a  bill  for 
administration  and -made  his  a.ssignees  defendants,  it  was 
held  that  they  were  entitled  to  separate  costs  (Cliilwell  v. 
Hochndl,  2  W.  R.  030).  In  Kitchener  v.  Kitchener,  13 
Jur.  701,  the  costs  of  the  Attorney-General,  made  a  party 


executor. 


ACTIONS   FOR   ADMINISTRATION   OP   ASSETS.  189 

in  respect  of  a  reversionary  interest  belonging  to  a  felon, 
were  not  provided  for  by  the  decree,  as  his  right  -would 
not  arise  till  the  reversion  fell  into  possession.  The  costs 
of  taking  out  administration  to  a  beneficiar}',  who  had 
mortgaged  her  share  for  more  than  its  value,  for  the  mere 
purpose  of  making  the  suit  complete,  were  ordered  to  be  paid 
out  of  the  general  fund  (Cotton  v.  Penrose,  I'-l  Jur.  761). 

Residuary  legatees  and  other  persons  served  with  the  Costs  of 
decree  and  obtaining  an  order  (under  Stat.  15  &  16  Yict.  served  with 
c,  86,  s.  42,  r.  8)  for  liberty  to  attend  the  subsequent  pro-  (I'-^'^'ce  ami 

.  .  .  .   .  having 

ceedings  are,  it  would  seem,  in  the  same  position  as  to  liberty  to 
costs  as  persons  parties  to  the  cause  ;  and  see  under  the  "^*<^"'^^ 

^  ^  '  proceed- 

old  practice  Hutchinson  v.  Freeman,  4  My.  &  Cr.  400.  lugs. 
But  where  a  number  of  persons  in  the  same  interest  appear 
separately,  only  one  set  of  costs  will  be  allowed  (Stevenson 
V.  Ahinr/ton,  11  W.  R.  930  ;  and  see  Fvxen  v.  Foxen,  13 
W.  R.  33).  In  Re  Taylors  Estate,  Dauhney  v.  Leal^e,  1 
E.l.  495  ;  35  Beav.  311 ;  35  L.  J.  Oh.  347,  Lord  Romilly 
laid  down  the  rule  that  in  an  administration  suit  by  a 
residuary  legatee,  other  residuary  legatees,  served  with 
notice  of  the  decree  and  having  liberty  to  attend  tlie  pro- 
ceedings, would  not  be  allowed  their  costs  of  attending  the 
taking  of  the  accounts  in  Chambers,  unless  the  plaintift' 
and  the  accounting  defendant  employed  the  same  solicitor, 
and  in  that  case  would  be  allowed  one  set  of  costs  between 
them.  Tliis  has  been  followed  in  Hubbard  v.  LatJtam,  35 
L.  J.  Ch.  402;  14  W.  R.  553  ;  14  L.  T.  61  (J  ;  Wracjg  v. 
Morlcy,  14  W.  R.  949  ;  Armstrong  \.  Armstrong,  12  Eq. 
614;  Jose2)h  v.  GooJe,  23  W.  R.  225;  W.  N.  (1875),  4. 
See  however  Bland  v.  Daniell,  W.  N.  (1867),  169  ;  and 
see  also  Belleiu  v.  Belleiv,  VV.  N.  (1808),  253  ;  Lewis  v. 
Matthews,  38  L.  J.  Ch.  510  ;  17  W.  R.  841. 

If  a  defendant,  by  the  decree  declared  to  be  an  un- 
necessary party,  nevertheless  remains  before  the  Court  and 
attends  the  proceedings  in  Chambers  he  does  so  at  his  own 
risk  (Girdleston  v.  Creed,  1  W.  R.  228  ;  Grace  v.  Tir- 
rington,  2  Coll.  53)  ;  anl  no  costs  were  allowed  althouoh 


190  COSTS   IN    I'AKT1(  LLAl;    A<T1«.N>. 

the  defendant  w;us  next-ut'-kiu  in  the  residiuirv  legatee,  who 
was  a  lunatic  (Thorp  v.  Thorji,  3  Mer.  IKJ). 

By  R.  S.  C.  Old.  XVI.,  r.  121).  (April,  1H«0),  in  any  cause 
for  the  administration  of  the  estate  of  a  deceased  person, 
no  party  to  the  cause  other  than  the  executor  or  adniini.s- 
trator  .shall,  unless  hy  leave  of  the  jn<l;L,'e,  l>c  entitled  to 
appear  eitlier  in  Court  or  in  ChanilxTs  on  the  claim  of  any 
person  not  a  party  to  the  cause  against  the  estate  of  the 
decea.sed  in  respect  of  any  deht  or  liability.  The  judge 
may  direct  any  other  party  to  the  cause  to  appear,  either 
in  addition  to  or  in  the  place  of  the  executor  or  a<lniinis- 
trator,  upon  such  terms  a.s  to  costs  or  other\vi.»«c  as  he  shall 
think  fit.  And  l»y  Con.s.  Ord.  XL.,  r.  2.S,  parties  attending 
any  proceeding  in  chamhers  without  having  obtained  the 
]>revious  leave  of  the  judge  to  attend  the  same,  are  not 
all(»\ved  any  cost.s  of  such  attendance  unle.ss  by  spivial 
order;  and  see  (0</' ,  p.  l.*{7. 
r.(si(lii.-\ry  It  is  a  common  practice  to  allow  residuary  legatees 
uui  ^^^  their  costs  out  of  the  estate  as  between  solicitor  antl  client; 
tiititlcl  to  ^J^,^^  j^^  jj^,^  Qj^ly  ]yQ  done  with  the  consent  of  all  partie."? 

coKts  ;u)  "^  Ti  ni        t 

l.ciAvotn      {Ji/cnklutiO}^  V.  rof^hr,  .3  \.  A:  C.  207  ;  reiuicr  v.  Taylor, 
'''^YV  ,    '^  Mad.  470,  G   Mad.   .S ;    Martin  v.   Mawiham,  S  Jur. 

ftinl  client,  '  '  x/  ' 

unless  \>y  HOD)  ;  but  ill  Jilciikinsop  V.  Fofftcr,  the  Court  refused  to 
vary  an  order  i^iving  them  costs  a.s  between  solicitor  and 
client,  on  the  mere  ground  that  it  was  not  by  con.sent  »)f  all. 

Set-off  of         If  j^jjy  ^{-  1),^  parties  to  an   adiiiinistiiition  action  are 

tlic  costs  ''  *  I     •  1  1      • 

.iwiirdea      debtors  to  the  estate  and  insolvent,  their  costs  will  be  set 
irii'tv^         otf  ^)/'o  taiiio  against  the  debt  due  from  them  {Jfanner  v. 
.i-ainst  a     Harris,  1  Ru.ss.  155) ;  and  in  Nicholson  v.  JSorton,  7  Beav. 
from  him    ^7,    thcy  Were  carried  to   the    .separate    account  of   the 
to  the         legatee  instead  of  being  paid  to  her.     So  in  Cooper  v. 
Pitcher,  4  Ha.  4M5,  the  plaintiff's  costs  were  directed  to 
be  set  oti"  against  payments  erroneou.sly  made  by  the  exe- 
cutors to  the    use  of   the    plaintiff,  who,  by  the  decree 
made  in  the  cause,  was  declared  to  have  no  interest  in  the 
fund,  but  was  allowed  his  cost.s.     If  an  executor  becomes 
bankrupt    in    the  course   of   the    suit,  his    costs    before 


ACTION'S   I'OR   ADMIisISTRATIOK   OF   ASSETS.  iDl 

bankruptcy  must  be  set  otf  agaiust  the  balance  due  from 
him  to  the  estate,  but  he  will  be  entitled  to  his  costs 
incurred  subsequently  to  the  bankruptcy  (Samuel  v. 
Jones,  2  Ha.  246).  So  if  the  l)ankruptcy  was  before 
suit,  and  a  sum  is  fouud  due  from  him,  no  part  of  his 
costs  can  be  set  off  against  such  sum  {Cotton  v.  Clarl', 
1*3  Beav.  134:)..1^' Although  the  executor  is  indebted  to  ^^ ' ^Zjul^  ck^^^e(t,^u>OK/ 
the  estate  in  an  amount  exceeding  the  amount  of  his'-*-^^'  /»  1\^. 
costs  payable  at  a  future  day,  if  there  is  no  reason  to 
suspect  his  solvency,  he  will  be  entitled  to  immediate 
payment  of  his  costs  {Stevens  v.  Fillen,  12  Jur.  282  ;  17 
L.  J.  Ch.  214).  Where  two  executors,  defendants  in  a 
suit,  gave  a  joint  retainer,  and  one  died  insolvent  and  in- 
debted to  the  estate,  the  survivor  was  held  entitled  to  be 
paid  out  of  the  estate  all  the  costs  for  which  he  was  liable ; 
and  the  costs  incurred  for  the  deceased  executor  in  taking 
the  account  of  his  debt,  were  set  off  against  the  debt 
{Watson  v.  lioiu,  18  Eq.  C80 ;  22  W.  R.  793);  sed  qu., 
see  Smith  v.  Dale  (M.  R.),  18  Ch.  D.  510 ;  44  L.  T.  4(J() ; 
29  W.  R.  330. 

"A  creditor  who  has  come  in  and  established  liis  debt  Cost?  of  a 
in  the  Judge's  Chambers  under  a  decree  or  order  in  a  ^^''^^^'t^r 
suit  shall  be  entitled  to  the  costs  of  so  establishing  his  liis  debt  in 
debt  ;  and  the  sum  to  be  allowed  fur  such  costs  shall  be  *^'''""'^*'^'"^- 
iixed  by  the  Judge,  unless  he  shall  think  tit  to  direct  the 
taxation  thereof,  and  the  amount  of  such  costs,  or  the  sum 
allowed  in  respect  thereof  shall  be  added   to  the  debt  so 
established  "  (Cons.  Ord.  XL.,  r.  24). 

This  rule  does  not  affect  the  costs  to  which  the  plaiutiff 
in  a  creditor's  suit  is  entitled  {Flintof  v.  Ilaynes,  4Ha. 
309).  In  general,  all  creditors  required  under  the  (Jeneral 
Order  of  27th  May,  l8Go,  to  prove  their  debts,  are  allowed 
a  fixed  sum  of  £1  13«.  4cZ.  if  the  debt  is  under  £5,  and 
£2  2s.  if  above  (Seton,  832).  In  Waterlow  v.  BiLrt,  18  W.  R. 
G83,  S.  C.  sub  iiom.  Waterton  v.  Biu-t,  39  L.  J.  Ch.  42.5  ; 
W.  N.  (1870),  lOG,  three  guineas  was  held  a  proper  sum  to 
allow.     ]3y  rule  4  of  the  same  Order  a  creditor  failing  to 


192  COSTS   IN   PARTICULAR   ACTIONS. 

produce  liis  security  or  otlicr  evidence  of  lii>  cliiiin,  will 
get  no  costs.     Creditors  attending  under  r.  3  of  the  Order,  to 
p»roduce  securities  or  other  evidence,  will  be  allowed  a  proper 
fee  for  such  attendance.    Where  an  estate  wliich  was  insuffi- 
cient had  been  apportioned  amongst   the  creditors,  but 
not  paid   out,  a    creditor  was    allowed    to    come    in    on 
payment  of  the  costs  of  the  application  ami  of  the  re- 
Costs  of  a    apportionment  {Angdl  v.   ILiddon,  1  Mad.  029).      If  a 
failing  in     porsou  claiming  to  be  a  crcilitor  fails   in  his  claim,  the 
toVe  a™     Court  will  order  him   to  pay  the  costs  thereby  occa.sioned 
creditor;     (Hdtck  V.  Sccuies,  2  Sm.  &  G.  157  ;   Yeoriiaufi  v.  Haines, 
24  Beav.  127 ;  Colyer  v.  Colyer,  10   W.  R.  74S  ;  and  see 
Wright  V.  Larmuth,  W.  N.  (18(39),  3G).     The  more  proper 
course  is  to  a.sk  for  the  costs  when   the  claim  is  adjudi- 
cated on,  but  an  order  for  payment  of  them  may  be  made 
on  a  distinct  summons  {Yeoriiaih<!  v.  Hai/nes)]  and  not- 
withstanding the  pendency  of  an  appeal  against  the  order 
disallowing   the   claim   (Colyer  v.    Colyer).     In  Morgan 
v.   Elstoh,   4   Ha.    477,    the  Court  gave  a  bond  creditor 
leave  to  bring  an   action    at    law,  and,  the  jury  having 
given  nominal  damages,  refused    the    creditor    his    costs 
of  making  the  claim  and    his    costs  of  the    action,  but 
gave  him  the  costs  of  exceptions  to  the  Master's  report 
but  disallowing    the  claim.      Where  a  person  made  a  claim 

succecaing  against  the  estate,  and  failed  as   asfainst  the  estate,  but 

as  against       °  .  _       _^ 

the  succeeded  as  against  the  beneficial  interest  uf  the  adminis- 

tratrix*' tratrix,  it  was  held  that  he  must  pay  so  much  of  the  costs 
uf  the  summons  as  were  occasioned  by  the  claim  being 
made  against  the  estate  {Bentley  \.  Bentley,  1  N.  11,390); 
but  in  Scurrah  v.  Scurrah,  2  W.  R.  53,  the  claimant  was 
allowed  to  add  such  costs  to  his  claim  against  the  benefi- 
cial interest.  A  plaintitf,  whose  title  as  devisee  is  ad- 
mitted, must  yet  pay  the  costs  of  an  unsuccessful  attempt 
to  establish  his  claim  as  a  creditor  (Lancefield  v.  Iggul- 
den,  10  Ch.  13G  ;  44  L.  J.  Ch.  203 ;  23  W.  R.  223  ;  31 
L.  T.  818). 
Where  a  Under  the  practice  in  Chancerv  whorever  a  decree  had 

creditor  s  ' 


suit. 


ACTIOXS   FOR   AKMlXisTllATIOK   OF   ASSETo.  193 

been  made  in  any  suit  for  the  administration  of  a  deceased  suit  is 
person's  estate,  any  creditor  who  had  commenced  an  action  upo^  ^ 
at  law  to  recover  his  debt  midit  be  restrained,  upon  the  decree 

...  .       '      1  being 

application  either  of  the  plaintiff  in  the  suit  or  the  per-  made  in 
sonal  representative,  upon  the  terms  of  the  personal  rcpre-  ^^^^^^^ 
sentative  paying  the  costs  at  law  down  to  the  time  when 
the  creditor  had  notice  of  the  decree,  and  the  costs  of  the  ap- 
plication ;  and  if  the  creditor,  instead  of  bringing  an  action 
had  instituted  a  suit,  the  proceedings  in  such  suit  would 
be  stayed  on  the  same  terms  {Paxton  v.  Douglas,  8  Ves. 
521 ;  Goate  v.  Fryer,  2  Cox,  202  ;  3  Bro.  C.  C.  24  ;  Lauion 
V.  Laivton,  8  W.  R.  458  ;  ^Yhite  v.  Leatherdale,  1  W.  R. 
405  ;  West  v.  Swinburne,  14  Jur.  360 ;  and  see  the 
earlier  cases  collected  in  the  note  to  Jackson  v.  Leaf,  1  J. 
&  W.  229,  232).  The  practice  in  this  respect  remains 
substantially  the  same  under  the  Judicature  Act  and 
Rules  ;  see  R.  S.  C.  Ord.  LI.  r.  2a  (June,  1876). 

Where  an  order  nisi  to  sign  judgment  had  been  obtained 
in  a  creditor's  action  in  the  E.xcheqner  Division,  but  before 
judgment  was  signed  a  decree  for  administration  was 
obtained  by  another  creditor  in  the  Chancery  Division, 
the  action  was  transferred  under  this  rule,  and  the 
proceedings  in  it  stayed,  the  plaintiffs  being  allowed  to 
prove  for  their  claim  and  costs  in  the  administration  {In 
re  Stuhhs'  Estate,  Hanson  v.  Stuhhs,  8  Ch,  D.  154).  If 
the  personal  representative  admits  assets,  and  does  not 
dispute  the  debt,  the  creditor's  costs  are  payable  at  once 
{Cole  v.  Burgess,  Kay,  app.  i. ;  Davey  v.  Plestoiu,  14  Jur. 
388  ;  West  v.  Sivinhurne ;  Canham  v.  Keale,  26  Beav. 
200).  But  if  the  executor  does  not  admit  assets,  he  must 
make  an  affidavit  as  to  the  moneys  in  his  hands,  which 
should  be  forthwith  brought  into  Court  {Bookless  v.  Crum- 
raack,  C.  P.  C.  125),  and  the  creditor's  costs  will  be  added 
to  his  debt  {Paxton  v.  Douglas  ;  White  v.  Leatherdale  ,- 
Laivton  v.  Laivton;  West  v.  Sivinburne ;  Canham  v. 
Neale)  ;  and  see  the  form  of  the  order  in  Seton,  p.  322. 
An  order  for  payment  by  the  executor  of  the  costs  of  the 

0 


194  COSTS   IN   PARTICULAR   ACTIONS. 

creditor  does  not  give  them  any  priority  over  the  costs  of 
the  second  suit ;  they  must  be  paid  "  in  a  due  course  of 
administration;"  see  In  re  Claii;  Cumberland  v.  Clark; 
4  Ch.  412  ;  17  W.  R  524.  If,  on  the  other  hand,  the 
executor  admits  assets,  but  docs  not  admit  the  debt,  the 
order  will  generally  be  that,  imniediatuiy  on  the  creditor 
establishing  his  debt,  the  costs  be  taxed  and  paid  to  him  by 
the  executor  {King  v.  King,  4  N.  R.  474 ;  and  see  Daveg  v. 
Plestoiv;  Mathew  v.  Mathcw,  W.  N.  (1870),  47  ;  33  L  T. 
804).  In  Re  Molyneiix,  Pimhley  v.  Molgneux,  W.  N. 
(18G7),  250,  the  conduct  of  a  creditor's  suit  was  given  to 
a  residuary  legatee  on  payment  of  tlie  plaintift''s  debt  and 
costs.  The  rule  applies  equally  to  a  creditor  suing  in  a 
foreign  country  {Graham  v.  Maxu'cU,  1  Mac.  &  G.  71  ; 
Beauchamp  \.  Marquis  of  11  antic g,  Jac.  54(1).  It  was 
formerly  doubted  whether  the  creditor  was  (.'Utitled  to  liis 
costs  of  the  application  to  restrain  his  action  at  law,  or 
stay  proceedings  in  his  suit  {Jones  v.  Jones,  5  Sim.  G7<S ; 
Anon.  2  S.  &  S.  424  ;  Curre  v.  Bouyer,  3  Mad.  450  ; 
Anon.  3  L.  J.  Ch.  227;  Earl  of  Portarlington  v.  Damer, 
2  Ph.  2G2)  ;  but  the  point  was  ultimately  decided  in 
favour  of  the  creditor  (see  the  Registrar's  certificate  in 
White  V.  Leathcrdale,  and  the  other  cases  cited  above). 
Where  a  creditor's  suit  w\as  stayed  upon  an  order  that  he 
should  have  his  costs  out  of  the  estate,  this  includo<l  the 
costs  he  had  paid  to  a  trustee  properly  made  a  party,  but 
who  had  disclaimed  {Rees  Jones  v.  Fivkslay,  W.  N.  (1868), 
2(i).  But  if  a  creditor  institutes  a  suit  after  notice  of  decree 
in  a  former  suit,  it  will  be  dismissed  with  costs  if  prose- 
cuted to  a  hearing  {Menzies  v.  Connor,  3  Mac.  &  G.  048), 
even  though  the  first  suit  is  only  a  next  of  kin's  suit, 
and  the  decree  does  not  provide  for  the  administration  of 
the  real  estate  {ibid.) ;  and  as  to  the  last  point,  see  also 
Bush  V.  Windey,  13  Jur.  273.  Where  a  second  suit  was 
improperly  instituted,  the  plaintitT  in  it  was  ordered  to 
pay  the  costs  of  the  order  to  transfer  and  of  the  motion  to 
stay  proceedings  {Salter  v.  Tildesley,  13  W,  R.  370).    So 


ACTIONS   FOR  ADMINISTRATION   OF   ASSETS.  195 

where  the  plaintiff  at  law  had  notice  of  the  decree  before 
he  issued  his  writ,  he  was  not  allowed  any  costs 
either  of  the  action  or  of  the  motion  {Jones  v.  Brain,  2 
Y.  &  C.  C.  C.  170).  And  he  had  to  pay  the  costs  of  the 
motion  where  he  proved  under  the  decree,  and  refused 
to  discontinue  his  action  or  suit,  after  having  been  re- 
quested to  do  so  {Graliam  v.  Maxwell ;  Beaucliamp 
V.  Marquis  of  Huntley).  And  in  Gardner  v.  Garrett, 
20  Beav.  469,  it  was  held  that  mere  notice  of  the  decree 
was  sufficient  ground  for  making  a  creditor  pay  the  costs 
of  the  application  to  restrain  him,  if  he  prosecuted  his 
action  after  notice ;  but  he  was  allowed  to  set  them  off 
against  his  costs  at  law  up  to  notice  of  the  decree.  So  • 
where  the  plaintiff  in  the  action  at  law  was  the  solicitor  of 
the  defendants  in  the  suit,  and  prosecuted  his  action  after 
decree,  he  Avas  ordered  to  pay  the  costs  of  the  executors 
of  such  subsequent  proceedings  and  the  costs  of  the  mo- 
tion to  restrain  his  action,  the  former  costs  to  be  set  off 
against  his  debt,  and  the  latter  to  be  paid  at  once  {Boston 
V.  Richardson,  3  W.  R.  432).  On  the  other  hand,  it  was 
the  duty  of  the  executor  or  administrator  to  apply  at  once 
to  restrain  the  action  at  law  {Tlierry  v.  Henderson,  1  Y. 
&  C.  C.  C.  481  ;  Packwood  v.  Maddison,  1  S.  &  S.  232)  ; 
and  if  he  appeared  to,  or  defended  the  action  after  decree 
{Cooke  V.  Tamer,  1-5  Sim.  620),  or  merely  omitted  to 
apply  to  restrain  the  creditor's  proceeding  with  it  {Bear  v. 
Smith,  10  Jur.  708),  the  creditor  would  be  entitled  to  all 
his  costs  of  so  doing  {ibid.) ;  but  semhle,  not  as  against 
other  creditors,  if  the  estate  was  insolvent  {Sharrod  v. 
Winjield,  1  Jur.  N.  S.  1154;  2.5  L.  J.  Ch.  176);  though 
possibly  in  that  case  against  the  personal  representative 
personally  {ibid.). 

But  the  second  or  less-advanced  suit  will  be  allowed  to  Uutif  tlio 
proceed  if  the  first  is  so  constituted  as  to  bo  likely  to  ^'^'jo^'^ 
become  ineffective  {Coyscjarne  v.  Jones,  Amb.  613  ;  Laiu  more  ok- 
V.  Rirjby,  4  Bro.  C.  C.  00  ;  and  see  Hosklns  v.  Campbell,  Sl.ro- 
2  H.  &  M.   43)  ;    or  if  the  plaintiff  in  the  second  suit  ceedinss 

o  2 


19G  COSTS    IN    rARTICl'LAH    ACTIOXS. 

in  it  raises   a   case  of   breach  of    trust,  or  wilful  neglect  and 

sta7e°d.^^  default  against  the  executors,  or  in  other  respects  seeks  a 
different  relief  [Taylor  v.  Southgate,  4  My.  &  Cr.  203  ; 
Shepherd  v.  Toivgood,  T.  &  R.  379).  And  if  the  plaintiff 
in  the  less-advanced  suit  ultimately  succeeds  in  obtaining 
a  decree,  the  costs  of  that  suit  are  payable  out  of  the 
assets  in  the  first  suit  {Costerton  v.  Costerton,  -  Ko.  774  ; 
Illlngivorth  v.  Nelson,  ibid.  770,  n.).  But  the  circum- 
stance of  the  second  suit  praying  for  relief  against  the  real 
estate,  which  is  not  directed  by  the  decree  made,  is  not  by 
itself  a  reason  for  not  staying  proceedings  in  it  {Menzies 
V.  Connor,  3  Mac.  &  G.  G48  ;  Bush  v.  ]V'indey,  13  Jur. 
273).  On  the  other  liand,  if  the  plaintiff  in  tlic  second 
suit  abandons  the  special  relief,  or  fails  to  obtain  a  decree 
at  the  hearing,  he  must  pay  the  costs  of  liis  suit  since 
notice  of  the  decree  in  the  lirst  suit,  but  the  costs  up  to 
that  time  will  be  paid  out  of  the  funds  in  the  first  suit 
{Taylor  v.  Southgate).  As  to  the  proper  course  to  be 
adopted  where  a  party  claims  his  costs  out  of  a  fund  paid 
into  Court  in  an  old  suit,  and  a  second  suit,  which  after- 
wards abates,  is  instituted  with  respect  to  the  fund,  see 
Harris  v.  Rich,  43  L.  J.  Ch.  440. 
Costs  in  a  In  tlic  same  way,  if  a  legatee's  suit  be  prosecuted  after 
suit  where  ^^^  administration  decree  in  another  suit  in  which  the 
a  previous   legatee  mioht  have  obtained  his  object   by  petition,  the 

adminis-  ®  1,1  i-  /  ,.      ,  , 

tration        executor  should  move  to  stay  proceedings  {racku-uod  v. 
decree  has  Maddisou,  1  S.  &  S.  232;  and  the  suit  having,  in  tiiat 

been  made.  '  ®' 

case,  been  brought  to  a  hearing,  neither  the  plaintiff  nor 
the  executor  was  allowed  any  costs).  Where  a  legatee's 
suit  is  restrained  after  an  administration  decree,  the  costs 
of  it  up  to  notice  of  decree  and  the  costs  of  tlie  appli- 
cation will  be  paid  out  of  the  funds  in  Court  {Jackson 
V.  Leaf,  1  J.  &  W.  229),  but  without  prejudice  to  the 
creditors  {ibid.). 
Costs  of  a        In  Armstrong  v.  Storer,  14  Beav.  .535,  it  was  held  that 

mortgagee     .~  .  •      ,^       ^      r  .    t  •  ■>■  ^  ,  • 

instituting  11  ^  mortgngee,  instead  ot  takmg  proceedings  to  enforce  his 
a  suit  for     securitit  s,  institutes  or  adopts  a  suit  for  a  fjeneral  administra- 

adminis-  "■  o 

tration. 


ACTIONS   FOR   ADMINISTRATION   OF   ASSETS.  197 

tion,  he  is  seeking  a  relief  beyond  that  given  by  his  contract, 
and  the  costs  of  the  suit  are  to  be  paid  out  of  the  proceeds  of 
the  estate  comprised  in  the  security,  in  priority  to  the  mort- 
gagee's principal  and  interest ;  and  see  Dighton  v.  Withers, 
31  Beav.  423 ;  Wnght  v.  Kirb}/,  23  Beav.  4(53  ;  Sheppaixl  v. 
Burhage,  22  L. T. O.  S.  94 ;  In  re  Spensley's Estate,  Spensley 
V.  Harrison,  15  Eq.  16  ;  42  L.  J.  Ch.  21  ;  21  W.  R.  95; 
27  L.  T.  600  ;  and  the  dictum  of  V.  C.  Stuart  in  Macrae 
V.  Ellerton,  6  W.  R.  851  ;  4  Jur.  N.  S.  907.  On  the  other 
hand,  in  Aldridge  v.  Westbrook,  5  Beav.  188,  193,  it  was 
held  that  Avhere  a  creditor's  bill  was  filed  by  a  mortgagee, 
who  was  also  a  creditor  by  simple  contract,  he  was  entitled 
to  payment  of  liis  mortgage  money  out  of  the  mortgaged 
estate,  before  the  payment  of  any  part  of  the  costs  of  the 
suit ;  and  see  Pinchard  v.  Fellows,  17  Eq.  421 ;  43  L.  J.  Ch. 
227;  22  W.  R.  012;  29  L.  T.  882,  which  was  a  suit  by  a 
legal  mortgagee  for  a  sale  and  general  administration, 
Cook  V.  Hart,  12  Eq.  459  ;  19  W.  R.  947 ;  24  L.  T.  779, 
Avhere  Macrae  v.  Ellerton  is  commented  on.  In  Tipping 
V.  Poiver,  1  Ha.  405,  which  was  a  suit  b}'^  an  equitable 
mortgagee  by  deposit  to  have  his  security  realised  by  sale 
and  to  administer  the  general  real  and  personal  estate, 
V.  C.  Wigram  held  that  the  plaintiff  was  entitled  to  the 
proceeds  of  the  mortgaged  premises,  which  were  insuffi- 
cient, towards  satisfaction  of  his  debt ;  and  that  the 
general  assets  should  then  be  applied,  (1)  in  retainer  by 
the  executors  of  a  debt  due  to  them,  (2)  in  payment  of 
the  costs  of  the  executors  as  between  solicitor  and  client, 
(3)  in  payment  of  the  plaintiff's  costs,  including  those  of 
the  purchaser,  (4)  in  payment  of  the  other  defendants' 
costs  ;  and  sec  Walter  v.  Stanton,  10  W.  R.  570,  where, 
however,  the  plaintiff  was  a  creditor  by  simple  contract  as 
well  as  on  equitable  mortgage.  The  true  rule  would  seem 
to  be  that  a  mortgagee  will  lose  his  right  to  payment  of 
his  mortgage  debt  out  of  the  security  in  preference  to  all 
other  claims  thereon,  if  he  adopt  or  carry  on  proceedings 
which  are  inconsistent  with  that  right.     By  thus  seeking 


198 


C(  STS    IN    PAirriCT'LAR   ACTIONS. 


Where 
claim  for 
admini- 
stration is 
only  in 
event  of 
security 
being  in- 
sufficient. 


a  new  ri<;lit,  which  is  not  included  in  his  contract,  he 
brings  himself  within  that  rule  of  administration  suits 
which  makes  the  costs  of  suit  costs  of  administration,  and 
payable  in  the  first  instance  out  of  a  deficient  estate  in 
preference  to  debts.  It  was  formerly  held,  however,  that 
an  equitable  mortgagee,  being  entitled  by  his  contract  to 
sell  the  estate  and  recover  the  ditTerence  by  proof  against 
the  mortgagor's  assets,  might  seek  administration  and  sale 
of  the  mortgagor's  estate  and  yet  preserve  his  right  to  full 
payment  in  priority  to  the  costs  of  suit ;  but  it  being  now 
settled  that  foreclosure  and  not  sale  is  the  remedy  of  an 
equitable  mortgagee  {Pryce  v.  Bury,  2  Dr.  41  ;  IG  Eq. 
153,  n.  ;  2  \V.  R.  210  :  l.S  Jur.  007  ;  James  v.  James, 
IG  Eq.  l.-)3  ;  42  L.  J.  Ch.  38G ;  21  W.  R.  522,  where  the 
cases  are  collected  ;  Backhouse  v.  Charlton,  8  Ch.  D.  444 ; 
secus  as  to  a  pledge  of  personal  chattels,  Carter  v.  Wake, 
4  Ch.  I).  6*05),  the  reason  for  this  distinction  has  ceased  ; 
see  Fisher  on  Murt<jages,  3rd  Ed.  p.  S2(».  However,  in 
York  Union  Banking  Co.  v.  Artlcy,  11  Ch.  D.  205, 
Jessel,  M.R.,  said  that  an  equitable  mortgagee  by  deposit 
of  deeds,  accompanied  by  an  agreement  to  execute  a  legal 
mortgage,  was  entitled  to  either  sale  or  foreclosure. 

The  old  rule  was  that  a  mortgagee  was  entitled  to  prove 
in  an  administration  suit  for  the  full  amount  of  his  debt  and 
then  realise  his  security  for  the  balance  (Mason  v.  Bog<j,  2 
My.  &  Cr.  443) ;  and  therefore,  in  Tuckley  v.  Thompson,  1 
J.  &  H.  126,  (but  see  S.  C.  on  app.,  29  L.  J.  Ch.  54.S),  where 
an  equitable  mortgagee  filed  a  bill  to  realise  his  security 
by  sale  in  the  first  instance,  and  praying  that  any  balance 
should  be  paid  in  due  course  of  administration,  and  that, 
"  so  far  as  necessary,"  the  real  and  personal  estate  of  the 
mortgagor  might  be  administered,  V.  C.  Wood  held  that 
the  plaintiff  was  entitled  to  his  principal,  interest,  and 
costs  in  priority  to  the  costs  of  the  executors,  the  course 
pursued  by  the  plaintiff  being  for  the  benefit  of  the  estate. 
And  it  made  no  difference  in  such  a  case  whether  the 
mortgage  was  legal  or  equitable.    Now  by  Judicature  Act, 


ACTIONS   FOR   ADMINISTRATION   OF   ASSETS.  11)9 

1875,  s.  10  (substituted  for  Judicature  Act,  1873,  s.  25, 
(1)  ),  in  the  administratiou  by  the  Court  of  the  assets  of  any 
person  dying  after  the  1st  of  Nov.  1875,  wliose  estate  may 
prove  to  be  insufficient  for  the  payment  in  full  of  his  debts 
and  liabilities  the  same  rules  are  to  prevail  as  to  the 
respective  rights  of  secured  and  unsecured  creditors,  and 
as  to  debts  and  liabilities  provable,  and  as  to  the  valua- 
tion of  annuities  and  future  and  contingent  liabilities 
respectively  as  may  be  in  force  for  the  time  being  in  bank- 
ruptc3\  See  further  as  to  the  costs  of  a  mortgagee  bring- 
ing an  action  for  sale  of  his  security,  post,  sec.  YII. 

If  an  estate  is  sold  in  an  administration  action  with  the  Costs  of  a 
concurrence  of  the  mortgagee,  he  is  entitled,  whether  he  ^nStfn" 
is  a  party  to  the  action  or  not,  to  his  principal,  interest,  ^  » sale 
and  costs  incurred  in    the  sale  out  of  the  proceeds,  in  mortgaged 
priority  to  all  other  parties  {Brace  v.  Duchess  of  Mad-  property, 
borough,  Mos.  50 ;  Hepivorth  v.  Heslop,  3  Ha.  485  ;  Berry  adminis- 
v.  Hehblethivaite,  4  K.  &  J.  80 ;  Crosse  v.  General  Bever-  ^'f'''' 

'  action. 

sionary  Co.,  3  I)e  G.  M.  &  G.  GD8  ;  and  see  BeMacl-'inhuj, 
2  De  G.  J.  &  Sra.  358  ;  10  Jur.  N.  S.  1003 ;  34  L.  J. 
Ch.  54;  Threlfall  v.  Harrison,  W.  N.  (1877),  192; 
Bighton  v.  Withers,  31  Beav.  423);  but  if  he  is  a 
defendant,  the  plaintiff's  costs  of  the  sale  will  have  priority 
over  the  mortgagee's  general  costs  of  the  action,  which 
will  be  payable  out  of  the  general  assets  {Berry  v. 
Hehblethivaite).  In  Carr  v.  Henderson,  11  Beav.  415, 
the  costs  of  parties  properly  appearing  on  the  mort- 
gagee's petition  for  the  payment  out  to  him  of  the  purchase 
monies  were  postponed  to  his  principal,  interest,  and  costs. 
In  Wickenden  v.  Bayson,  4  W.  R.  443,  ^Yhere  the  estate 
was  sold  under  the  mortgagee's  power  of  sale,  the  mort- 
gagee, who  had  unsuccessfully  set  up  two  other  mortgages, 
was  held  entitled  to  retain  all  his  costs  incurred  by  liim 
as  a  mortgagee,  as  in  taking  the  accounts,  &c.,  but  not  his 
other  costs  of  the  suit.  And  in  White  v.  Gudgeon, 
SO  Beav.  545,  where  the  assets  consisted  almost  entirely  of 
the  mortgaged  premises,  and  the  debt  of  the  mortgagee 


200  COSTS   IN   PARTICULAR   ACTIONS. 

(a  defendant)  had  been  reduced  from  £1,492  to  £924:,  the 

costs  of  all  parties  were  directed  to  be  paid  out  of  the 

mortgaged  premises  in  priority  to  the  mortgage  debt. 

Costs  of  The  costs  of  a  petition  for  payment  of  iuconic  to  the 

petition  by  petitioner,  if  in  an  administration  suit,  arc  payable  out  of 

tenant  for     ^  _  tt-      j  i  -•  ^    t     rn    -,,,r,       u 

life.  the  corpus  {Lonrjud  v.  llocldcy,  'I'l  L.  1.  198;  bcrivcncr 

V.  Smith,  8  Eq.,  310) ;  but  see  Eady  v.  Watson,  12  W.  R. 
682 ;    33   Beav.   481,  contra.      As   to   cases   under   the 
Trustee  Relief  Act,  see  post,  Ch,  V.,  sec.  III. 
Where  tlio       If  the  personal  estate  not  specifically  bequeathed  is  not 
rnsuffident.  sufficient  for  payment  of  pecuniary  legacies  after  paynient 
of  debts   and   the  costs  of  the  suit,  the  legacies   abate 
rateably  ;  and  if  the  general  assets  arc  insulhcient  for  the 
payment  of  debts  and  costs,  the  specific  legacies  must  con- 
tribute to  the  deficiency  rateably  {Bristov:  v.  BrUtow,  5 
Beav.  289  ;  Covlson  v,  Bbujlunn,  17  Beav.  2GG  ;  Neiuhegin 
V.  Bell,  23  Beav.  286). 
Executors        Executors  and  administrators  are  entitled  to  their  costs 
•niminis-     out  of  the  cstatc  in  priority  to  tho.se  of  all  otiier  parties, 
trators        whether  as  plaiiititfs  or  defendants  (Tanner  v.   Ihmrey, 

entitled  to  ^  . 

costs  in       9  Beav.  339  ;  and  see  also  Wetcnhall  v.  Dennis,  \-  W.  It. 

iu  parties,  ^^5  33  Beav.  285;  In   re  Spensleys  Estate,  SptnsUy  v. 

and  to        Harrison,  1.3  Ei[.  16);  and  even  to  the  payment  of  debts, 

where  the  estate  is  insolvent  (Fo«H^  v.  i^t'e?'es^  1  R.  &- M. 

426;  Gauntv.  Taylor,  2  Ha.  413;  Sanderson  y.Stoddart, 

11  W.  R.  275;  Sutton  \.  Winstanley,  1  Smith's  Ch.  Pr. 

1069),  though  it  was  formerly  held  that  the  executors  of 

an  insolvent  estate  could  not  have  costs,  as  they  need  not 

have  administered  (Adair  v.  Shaiv,  J   Sch.  &  Lef.  380  ; 

IIumplLrey  v.  Morse,  2  Atk.  408;  and  see  Uvedale  v. 

Costs  of       Uvedale,  3  Atk.  119).     So  an  heir  at  law,  where  the  real 

where  real  estate  is  exhausted  by  creditors,  will  be  entitled  to  costs 

estate  is      {Humphrey  v.  Morse ;  Tardrev:  v.  Howell,  2  Giti'.  530  ;  7 

exhausted     1.        -»y    -,       t_  ,  ,,.,.. 

by  Jur.  JN.  S.  537) ;  and  as  between  solicitor  and  client  being  in 

creditors.    ^|^^j  position  of  a  trustcc,  whether  he  is  plaintitf  or  defendant 

{Tardreivy.  Howell;  Shittler  v.  Skittle r,  ^  N.  R.  475). 

Where  an  order  had  been  made  on  further  directions  for 


ACTIONS   FOR   ADMINISTRATION   OF   ASSETS.  201 

the  payment  of  the  costs  of  all  parties  out  of  a  fund  in 
Court,  which  proved  insufficient  for  the  purpose,  it  was 
held  that,  notwithstanding  the  order,  the  executors  were 
entitled  to  be  paid  their  costs  in  priority  (Gaunt  v. 
Taylor,  2  Ha.  413  ;  Blenk'msop  v.  Foster,  3  Y.  &  C. 
205) ;  but  see  contra,  Swale  v.  M liner,  G  Sim.  572. 
Where  the  plaintiff  was  the  administrator  de  bonis  non  of 
an  intestate  and  the  defendant  was  the  executor  of  a  de- 
ceased administratrix,  and  each  had  a  balance  in  his  hands, 
the  plaintiffs  being  sufficient  to  pay  his  costs  but  the  defen- 
dant's being  insufficient  for  payment  of  his  costs,  the  plaintiff 
was  allowed  to  retain  his  costs  in  full,  but  the  defendant  was 
only  allowed  to  retain  his  balance,  and  lost  the  remainder 
of  his  costs  (Rice  v.  Orgies,  25  L.  T.  2C3;  W.  N.  (1871)  177). 

The   plaintiff  in   a   legatee's   action,  and   a  residuary  Resiiluary 
legatee,  whether  as  plaintiff  or  defendant,  if  they  have  ^^^^^'^^ 
enabled  the  estate  to  be  distributed,  are  also  entitled  to  plaintiff  in 
their  costs  out  of  an  insufficient  or  insolvent  estate.     See  action 
Wroughton  v.  Cohiahoun,!  De  G.  &  S.  357,  where  the  entitled  to 
estate  was  msumcient  to  pay  legacies  ;    and    II  eston  v.  of  an 
Clowes,  15  Sim.  610;  Sutton  v.    Winstanlei/,   1   Smith's  |."^J.';['^^"* 
Ch.  Pr.  106.9;  Xeivnian  v.  ILitch,  Seton,  875;  Wetenludl 
V.  Dennis,  12  W.  R.  6G ;  33  Beav.  285;  where  the  estate 
was  insolvent.     Where  legacies  were  made  payable  out  of 
residue  which  was  insufficient,  the  fund  being  in  Court, 
the   legatees  were  held  entitled  to  their  costs  out  of  the 
residuary  fund  (In  re  Jannans  Trusts,  1  Eq.  71).     But 'S'fr».9  next 
next  of  kin  can  have  costs  only  out  of  uudisposed-of  per-  entitled  to 
sonalty,  and  therefore,  where  the  next  of  kin  filed  a  bill,  residue. 
and  the  residue,  which  was  undisposed  of,  was  exhausted 
in  the  payment  of  debts,  they  got  no  costs  (Newhegin  v. 
Bell,  23  Beav.  380). 

If,  however,  there  is  a  surplus  after  payment  of  creditors,  Plaintiff 
but  it  is  insufficient  for  the  payment  of  legacies  in  full,  "ctioji"^ '^'^  ^ 
the  plaintiff  in  a  Icfratee's  action  will  jjet  costs  as  between  ^^'I'^n 

...  1      1-  ^  ,,  .    "  -r.  entitled 

solicitor  and  client  (Cross  v.  Aennington,  11  Beav.  89  ;  to  costs  as 
Waldron  v.  Francis,  10  Ha.  App:  x. ;    Thomas  v.  Jones,  ^o^,*^'j^^" 

and  client. 


202 


COSTS   IN    PARTICULAR   ACTION: 


Where  the 
plaintiff 
in  a 

creditor's 
action 
will  have 
costs  as 
between 
solicitor 
aud  client. 


1  Dr.  &  S.  134;  29  L.  J.  CIj.  570);  but  as  between  party 
and  party  only  if  there  is  no  surplus  (T/umias  v.  Jones ; 
Wetenhall  v.  Dennis).  And  the  iket  of  one  of  the  plaintiff 
legatees  being  a  large  creditor  does  not  entitle  him  to 
solicitor  and  client  costs  {Home  v.  Home,  14-  W.  R.  957). 
A  residuary  legatee  plaintiff,  where  there  is  no  residue, 
will  not  be  entitled  to  costs  as  between  solicitor  and  client 
{Weston  V.  Cloives,  15  Sim.  GIO,  overruling  contra,  Burkitt 
V.  Ransom,  2  Coll.  536)  ;  except  so  far  as  the  estate  lias 
been  increased  by  his  exertions  {Wrouf/lifon  v.  Colquhoun, 
1  De  G.  &  S.  357),  and  as  to  sales  of  real  estates  con- 
ducted by  him  (Xeirnnin  v.  Hutcli,  Set.  <S75).  In  In  re 
BurrtU,  BarreU  v.  Smith,  9   E(i.  443  ;  39  L.  J.  Cii.  544; 

22  L.  T.  2(J3,  however,  he  was  allowed  costs  as  between 
solicitor  and  client,  sal  qu.  See  B'uliardson  v.  Richnrd- 
son,  14  Ch.  D.  611  ;  49  L.  J.  Ch.  612  ;  2.S  W.  11.  942. 

Similarly  in  a  creditor's  action,  if  the  fund  is  insutticient 
for  the  payment  of  all  the  creditors  in  full,  the  plaintiff 
will  be  entitled  to  costs  as  between  solicitor  and  client 
{Stanton  v.  Hatfidd,  1  K,  35JS ;  Toohd  v.  S])lcer,  4f  Sim. 
510;  Hood  V.  ivilson,  2  R.  &  M.  687;  Bissett  v.  Burgess, 

23  Beav.  278;  Gold^^rnlth  v.  RussrlJ,  5  De  G.  M.  &  G. 
550  ;  Thomas  v.  Jones,  1  Dr.  &  S.  134  ;  29  L.  J.  Ch.  570) ; 
and  the  sufficiency  of  the  estate  for  the  payment  of  debts 
is  to  be  looked  at  after  allowing  the  plaintiff  costs  as 
between  party  and  party  {Sutton  v.  JJoggett,  3  Beav.  9). 
The  rule  applies  ctjually  to  the  case  of  a  creditor  who 
obtains  the  conduct  of  an  action  originally  commenced  by 
a  legatee  or  next  of  kin  (Rirh<irdson  v.  RicJiorddou  ;  aud 
see  Joseph  v.  Goode,  23  W.  R.  225).  But  the  insufficiency 
of  the  estate  is  the  only  case  in  which  costs  as  between 
solicitor  and  client  are  allowed  to  a  plaintiff  in  a  creditor's 
action  {Brodie  v.  Bolton,  3  M}'.  &  K.  168),  In  Hender- 
son v.  Dodds,  2  Eq.  532,  which  was  a  suit  by  creditors  to 
administer  the  realty,  there  being  no  personalty  and  the 
realty  proving  deficient,  the  Court  ordered  the  costs  of  the 
plaiutitfs   and    of   the   defendants,   who   were   beneficial 


ACTION'S   FOR   ADMINISTRATION   OF   ASSETS.  203 

devisees,  to  be  taxed  as  between  party  and  party,  and  paid 
pari  ixi.ssu  out  of  the  fund,  and  the  baU^ncc  of  the  fund 
then  remaining  to  be  applied  in  payment  of  the  plaintitf  s 
extra  costs  as  between  solicitor  and  client,  and  then  in 
payment  of  debts ;  and  this  case  was  followed  in  Ferguson 
V.  Gibson,  14  Eq.  379.  In  Young  v.  Everest,  1  R.  &  M.  * 
426,  and  Rowlands  v.  Tucker,  ibid.  635,  it  was  held  that, 
if  the  assets  were  insufficient  for  the  payment  of  the 
specialty  creditors,  a  plaintiff,  simple  contract  creditor,  was 
not  entitled  to  any  costs.  But  those  cases  were  disap- 
proved of  in  LarJcins  v.  Paxton,  2  My.  and  K.  320,  where 
it  was  held  that  the  plaintiff,  under  such  circumstances, 
was  entitled  to  his  costs ;  and,  semble,  as  between  solicitor 
and  client  {Barker  v.  Wardle,  2  My.  &  K.  818  ;  Richard- 
son V.  Jenkins,  17  Jur.  447).  But  the  phiintiff  has  no 
right  to  withhold  the  order  for  payment  of  the  creditors 
from  them  for  the  purpose  of  enforcing  a  contribution 
towards  his  extra  costs  from  them  (Shortley  v.  Selby, 
5  Mad.  447  ;  Lechmere  v.  Brazier,  1  Russ.  72).  Creditors,  Where 
who  had  come  in,  but  through  association  with  the  ad-  contribute 
ministrator  obtained  payment  in  full,  were   nevertheless  *''  .    .„, 

,     ,  .;    ''  1  1-  •  <.  plaintiffs 

held  bound  to  contribute,  under  the  (hrection  lor  that  costs. 
purpose,  towards  the  i)lain tiff's  costs,  the  fund  having 
proved  insufficient  to  pay  tliom  {Thompson  v.  Cooper, 
2  Coll.  87).  A  direction  to  contribute  to  the  phiintiff's 
costs  did  not  extend  to  costs  occasioned  by  a  claim  unsuc- 
cessfully raised  by  him  {Dunning  v.  Hards,  2  Ph. 
294).  However,  the  direction  for  contribution,  which  was 
formerly  inserted  in  every  decree  made  in  a  creditor's 
suit,  is  now  omitted  (Set.  882). 

But  if  the  plaintiff  in  a  creditor's  suit,  after  information  If  piaiutiff 

,,,,•,  Til  ('  ^  •    perseveres 

that  there  are  no  assets  applicable  to  the  payment  ot  his  after  notice 
debt,  persists  in  prosecutino;  his  suit,  he  does  so  at  his  own  t''-'^*'  t''^ 

^  ...  .  assets  are 

risk ;  and  if  the  information  turns  out  to  be  correct,  he  insufficient 
will  have  to  pay  the  costs  of  it  {Bluett  v.  Jessop,  Jac.  [°^y,'ucnt. 
240 ;  King  v.  Bryant,  4  Beav.  460  ;    Fuller  v.  Green,  24 
Beav.  217  ;   King  v.  Hamiiiett,  U  L-  J,  Ch.  14  ;  5  Jur, 


204  CObTS   IN    PARTICULAU   ACTIONS. 

1052).  But  in  Sullivan  v.  Bevaa,  20  Beav.  399,  where 
the  plaintiff  did  not  receive  notice  of  the  state  of  the 
assets  and  the  claim  of  a  superior  creditor  until  after 
decree,  he  was  allowed  his  costs  up  to  notice.  And  in 
Robinson  v.  Elliott,  1  Russ.  .'^99,  the  bill  was  dismissed 
without  costs,  as  the  executrix  was  charged  with  more 
than  she  admitted  by  her  answer,  but  there  were  not  any 
assets  applicable  to  payment  of  the  plaintiff's  debt. 

So  also  in  a  legatee's  suit  {Ottleyv.  Gilbij, 8Bc&\:  002)  ; 
and  see  further,  ante,  sec.  1. 

Where  an  administration  action  is  brouglit  in  a  County 
Court,  taxation  as  between  solicitor  and  client  can  be 
obtained  in  the  Chancery  Division  (In  re  Woifh,  LS  Ch.  D. 
521  ;  50  L.  J.  Ch.  262  ;  29  W.  R.  371  ;  4 1  L.  T.  4(32). 


Sect,  III. — Act  ions  rclathi>j  to  Charities. 

Where  the       The    Court  may   order   defendant.s   to   a   charity   suit, 
Attorney-    instituted  bv  the  Attorney-General  cj-  officio  without  a 

General  j  j  .v 

sues  relator,  to  pay  the  costs  of  the  Attorney-General  {Attonierj- 

relaton '"^  G^^^cral  V.  Ashhumham,  1  S.  &  S.  394).  A  charity  suit 
is  not  within  the  provisions  of  18  &  19  Vict.  c.  90,  and  the 
Attorney-General  cannot  be  made  to  pay  costs  in  such  suits 
{Attorney-General  v.  Dean  &  Canons  of  Windsor,  8  H.  L. 
C.  369,  385  ;  and  see  j^ost,  ch.  VI.,  s.  II.) ;  and  see  before 
the  Act,  Attorney-General  v.  Lord  Chesterfield,  18  Beav. 
596  ;  IS  Jur.  686.  Where  the  Attorney-General  sued 
without  a  relator,  the.  Court  would,  even  under  the  former 
practice,  make  a  decree  for  payment  of  costs  between  co- 
defendants  {Attorney-General  V.  Mercers'  Co.,  18  W.  R. 
450  ;  22  L.  T.  222;  Attorney-General  v.  Corporation  of 
Chester,  14  Beav.  338).  In  the  case  last  cited,  the  Court 
gave  the  trustees,  defendants,  their  costs  as  between 
solicitor  and  client  out  of  the  estate,  and  directed  that  such 
costs  as  between  party  and  party  should  be  repaid  by  the 
corporation. 


ACTIONS   RELATING   TO    CHARITIES.  205 


Where    there   is   a    relator,  a   brief  to    the    Attorney-  Where 

there  is 
relator. 


General,  as  well  as  to  two  other  counsel,  will  be  allowed  ^^^""^  ^^  * 


on  taxation  as  between  party  and  party  {Attorney-General 
V.  Drapers'  Co.,  4-  Beav.  305).  But  if  the  Attorney- 
General  attends  the  proceedings  under  the  decree  by  a 
separate  solicitor,  without  an  order  of  the  Court  for  so 
doing,  he  will  not  be  allowed  a  separate  set  of  costs 
{At tome}/- General  v.  Dove,  T.  &  R.  328).  In  the  case 
cited  this  course  was  taken  at  the  request  of  the  Master,  who 
suspected  collusion  between  the  relator  and  the  defendants. 

It  was  formerly  held  that  an  information  respecting  a  Costs  of 
charity  established  by  the  Crown  should  be  dismissed  with  '^^'-'^t"'^- 
costs,  if  it  failed ;  but  the  Court  would  not  dismiss  one 
respecting  a  private  cliarity,  but  would  make  a  decree  to 
establish  it  (see  Attorney-General  v.  Smart,  1  Ves.  72)  ; 
and  the  case  of  Attorney-General  v.  Gleg,  1  Atk.  356,  is 
said  to  have  been  the  first  instance  of  an  information  of 
the  latter  kind  being  dismissed  witli  costs.  But  such  dis- 
tinction has  long  since  been  lost  sight  of  in  practice. 
Where  the  Court  sees  that  some  relief  is  required  for  the 
charity,  it  will  make  the  proper  decree,  whatever  be  the 
frame  of  the  suit  ;  but  with  reference  to  the  costs  will 
look  at  the  pleadings  {Attorney-General  v.  Hartley,  2 
J.  &  W.  3G9,  where  so  much  of  an  information  as 
contained  unproved  charges  of  misconduct  against  trustees 
was  dismissed  with  costs)  ;  and  see  Attorney-General 
V.  Holland,  2  Y.  &  C.  G83  ;  Attorney-General  v. 
Cullum,  1  Ke.  118.  And  if  the  whole  of  the  relief 
given  might  have  been  obtained  bv  a  petition  under 
Sir  S.  Romilly's  Act  (^  Geo.  III.,  c.  SS)  no  costs  will  be 
given  to  the  relators  up  to  the  hearing  {Attorney -General 
V.  Holland  ;  Attorney -General  v.  Cullum ;  Attorney- 
General  V.  Berry,  11  Jur.  114).  In  Attorney- General  v. 
Bolton,  3  Anst,  820,  the  principal  part  of  the  relief  prayed 
was  abandoned  at  the  hearing,  but  the  Court,  holding  that 
the  information  had  some  foundation,  said  that  the  relator 
should  not  pay  costs.     But  where  the  information  appears 


206  COSTS   JN   PARTICULAR   ACTIONS. 

to  proceed  from  a  feeling  of  private  revenge  in  the  relator, 
it  will  be  dismissed  with  costs  {AUoniey-General  v. 
Middleton,  2  Ves.  32G).  In  Attoniey-General  v.  Leivis,  8 
Beav.  179,  where  a  defendant  who  had  been  ordered  to 
pay  costs  proved  insolvent,  the  Conrt,  on  a  subsequent 
application,  gave  the  Attorney-General  and  trustees  their 
costs  out  of  the  estate. 
Where  tlic  Where  the  suit  was  by  information  and  bill,  and  the 
?"I*' ^^'^^  ^'^' relator  in  the  former,  was  also  plaintiff  in  the  latter,  the 

inrorma-  ... 

tion  and      bill  might  be  dismissed  with  costs,  tliough  relief  for  the 

•  benefit   of    the   charity   was   given    on    the    information 

{Attorney-General   v.    Vivian,   1    Russ.    22(5)  ;    but   see 

Attorney-General  v.  Oglender,  1  Ves.  Junr,  240. 

Solicitor  Where  the   costs  of  all  parties  arc  given  out  of  the 

and  client,  charity  fund,  they  arc  frequently  directed  to  be  taxed  as 

quentiy       between  solicitor  and  client  {^Iog<jri(hje  v.  TlmckweU,  7 

allowed  ;     y^^^  gg^  gg .  ^i^^^^  ^j  Hereford  v.  Adanu,  7  Ves.  331  ; 

Attorney-General  y.  Carte,  1  Dick.  113,  Beamcs,  app.  2; 
Mills  V  Farmer,  19  Ves.  491  ;  Gaffney  v.  Ilevcy,  I  Dr. 
&  Walsh,  25)  ;  and  see  Attorney-General  v.  Stewart,  14 
Eq.  17;  26  L.  T.  419.     But  there  is  no  rule  that  in  suits 

but  no  .  .  1     11    1  11  1 

rule  to  that  relatmg  to  chanty    property  costs   shall  be    allowed  as 

effect.         between  solicitor  and  client  {Aria  v.  Emanuel,  9  W.  R. 

306  ;  and  see  Carter  v.  Green,  3  K.  &  J.  608).     In  WilHn- 

son  V.  Barber,  14  Eq.  96,  next  of  kin   who  appeared  in 

oj)position  to   a   charitable  bequest  and  failed   were  not 

allowed  costs  as  between  solicitor  and  client. 

Eelator  The  relator,  however,  if  the  suit  was  a  proper  one,  is 

usually       rrenerally  entitled  to  costs  as  between  solicitor  and  client. 

entitled  to    '^  *'  .  ,       .         .     _  . 

solicitor  "The  relator  m  a  charity  information,  where  there  is 
costs^-  °*^  nothing  to  impeach  the  propriety  of  the  suit,  and  there 
are  no  special  circumstances  to  justify  a  special  order 
is,  upon  obtaining  a  decree  for  the  charity,  entitled  to  his 
costs  as  between  solicitor  and  client,  and  to  be  paid  the 
difference  between  the  amount  of  such  costs  and  the 
amount  of  the  costs  which  he  may  recover  from  the  de- 
fendants, out  of  the  charity  estate"  Q)^r  Lord  Langdale, 


ACTIO.S'S    RELATING   TO   CHARITIES.  207 

M.  R,  Attorney-General  v.  Kerr,  4  Beav.  297,  303)  ;  but 
see  Attorney-General  v.  Drumrnond,  3  Dr.  &  War.  102. 
In  Attorney -General  v.  Fishmongers'  Co.,  1  Ke.  492, 
where  the  defendants  had  technically  been  guilty  of  a 
breach  of  trust,  but  no  loss  whatever  had  resulted  to  the 
charity,  the  Court  made  a  decree  and  g-ave  the  relators 
costs  against  the  company,  but  refused  them  their  extra 
costs  out  of  the  funds,  as  the  information  was  not  for  the 
benefit  of  the  charity.  The  relator  is  also  sometimes  and,  in 
allowed  his  charges  and  expenses,  in  addition  to  his  costs  ^^^^^^ t^ 
of  suit  as  between  solicitor  and  client  {Osborne  v.  Denne,  costs, 
7  Ves.  424 ;  Attorney-Generalv.  Corporation  of  Winchester,  ank  "  ' 
3  L.  J.  Ch.  (0.  S.)  C4  ;  C.  P.  C.  502 ;  Attorney-General  v.  o-^pen^es. 
Skinners  Co.,  Jac.  030).  In  the  case  last  cited  the  costs  of 
all  parties,  including  the  costs  of  appeal,  to  be  taxed  ais 
between  solicitor  and  client,  were  ordered  to  be  paid  out  of 
the  rents  together  with  "any  costs,  charges,  and  expenses 
reasonably  and  properly  incurred  by  the  relators  to  enable 
them  to  institute  and  prosecute  the  suit."  And  in  Attoraey- 
General  v.  Tyler,  C.  P.  C.  358,  the  relator  being  changed 
before  the  cause  was  at  issue,  was  allowed  out  of  the  fund 
his  "costs,  charges,  and  expenses  preparatory  to,  and  of 
and  relating  to  the  suit  and  of  that  application."  And 
see  the  unreported  cases  cited  in  Attorney-General  v. 
Kerr,  4:  Beav.  297.  But  it  is  only  in  special  cases,  depend- 
ing on  their  peculiar  circumstances,  to  be  brought  forward 
and  established  by  evidence,  that  such  additional  charges 
and  expenses  ought  to  be  allowed  {Attorney-General  v. 
Kerr,  4  Beav.  297,  where  Lord  Langdale  refused  to  allow 
them). 

The   relator   should   not   take   any  proceeding   in  the  Costs  of 
cause  after  decree  without  the  authority  of  the  Court  •  P™*^*^*^^: 

"^  '  ings  under 

see  Attorney- General  v.  ironmongers'  Co.,  10  Beav.  194,  a  decree, 
where  the  Court  refused  the  relator  his  costs  of  issuino-  ^.'^m".,* 
advertisements  and  collecting  information  with  a  view  to  tjie  sanc- 
the  scheme,  without   the  authority  of  the  Master  ;  but  court. 
as  the  proceeding  was  beneficial   to  the  charity,  allowed 


20S  COSTS   IN   I'ARTlCl'LAU   ACTIuXS. 

Costs  of      his  costs  out  of  pocket.     The  costs  of  ohtaining  au   Act 
an*Act"of    ^^  Parliament  for  the  reguLation  of  a  charity  were  allowed, 
Parliament  though  the  Sanction  of  the  Court  to  the  application  was 
t"oVofa^'  not  previously  obtained   {Atfornpy-Geneml   v.    Vi[jor,   2 
charity.       Kuss.  519 ;  Bou'ii  tiifj  College  Case,  ibid.)  ;  but  secus,  where 
the  application  was  unsuccessful,  though  not  ou  the  merits 
{Attorney-General  v.  Eorl  of  Maufijield,  2  Russ.    501, 
518).     But  where  an  unsuccessful  application  to   Parlia- 
ment had  tlie  previous  sanction  of  the  Court,  the  costs  of 
it  were  allowed  (Re  Bedford  Charity,  29  L.  T.  (0.  S.)  5)  ; 
and  also  the  costs  of  a  subsequent  application  for  leave  to 
introduce  a  fresh    bill,  which  was  refused   {ibid.).      The 
costs  of  proceedings  before  the  Attorney-General  to  obtain 
his  fiat  for  an  information,  rendered  necessary  by  the  con- 
duct of  the  defendants,  are  costs  in  the  cause  payable  by 
the  defendants  under  a  decree  directing  payment  to  the 
plaintiffs  of  their  costs  of  the  suit  and  of  the  information 
{Attorney-General  v.  Corporation  of  Hal  if  ox,  12  Eq.  2G2)  ; 
and  so  also  are  the  costs  of  proceedings  before  the  Attorney- 
General,  pending  an  appeal,  to  induce  him  to  withdraw  his 
fiat  {ibid.). 
Where  Where   a  relator  refused   to  proceed   further  with  an 

chan^ecr  information,  new  relators  who  offered  an  indemnity  for  all 
before  the  past  and  future  costs  were  substituted  {Attorney-General 
issue.  V.  Corporation  of  Cashel,  Sau.  &  So.  333).  And  in 
Attorney-General  v.  Tyler,  C.  P.  C.  358,  the  relator 
being  changed  before  the  cause  was  at  issue  was 
Where  the  allowed  his  costs,  charges,  and  expenses  out  of  the 
not  burnt  fund.  Where  the  solicitor  had  given  the  relator  an 
f^^^^-  indemnity  against  the  costs,  the  information  was  ordered 

to  be  taken  off  the  file  with  costs  against  the 
relator  and  solicitor  {Attorney-General  v.  Skinners' 
Co.,  C.  P.  C.  7).  As  to  security  for  costs  to  be 
given  by  a  relator  on  the  ground  of  poverty,  see  ante, 
p.  15. 
Heir  at  As  to  the  costs  of  the  heir  at  law  and  next  of  kin  in 

hiw  and      charitv  cases,  see  post,  ch.  YI.,  s.  YI. 

next  of  "  >  jr        '  ' 

kin. 


ACTIONS   RELATING   TO   CHARITIES.  '209 

The  costs  of  persons  appearing,  in  piu'suance  of  public  Other 
notice,    on    an   application  for  the   appointment    of  new  i-^'"^""^' 
trustees  under  the  provisions  of  the  Municipal  Corpora- 
tions Act,  for  the  purpose  of  aiding  the  Attorney  General 
in  securing  fit  appointments,  are  not  allowed  out  of  the 
charity  estate  {Re  Glouccstei'  Cluh-'ities,  10  Ha.  app.  iii.) 

The  general  principles,  on  which  the  costs  of  trustees  in  Costs  of 
charity  suits  are  disposed  of,  do  not  differ  from  those  ob-  ch^rity^  * 
served  in  other  cases,  and  will  be  more  conveniently  discussed  c^^ses. 
hereafter  (see  ch.  YI.,  s.  XIII.).  However,  in  Attorney- 
General  V.  Dnimmond,  3  Dr.  &  War.  1G2,  Sir  E.  Sugdeu, 
L.  C.  drew  a  distinction  between  private  trustees  and  the 
trustees  of  a  charity,  and  observed  that  to  refuse  the  latter 
costs  might  be  to  make  them  pay  for  the  errors  of  their 
predecessors  ;  and  in  that  case  he  allowed  the  trustees 
their  costs,  though  held  to  be  guilty  of  a  breach  of  trust. 
It  should  be  observed,  however,  that  the  trustees  had 
derived  no  personal  advantage  from  the  breach  of  trust, 
which  consisted  merely  in  the  admission  of  persons  not 
objects  of  the  charity  to  the  benefit  of  it  ;  but  see  Lady 
Hewley's  case  {Shore  v.  Wilson,  9  CI.  &  F.  355),  on  the 
authority  of  which  Attorney-General  v.  Drummond  was 
decided,  and  where  the  trustees  were  not  allowed  their 
costs.  In  Attorney- General  v.  Stroud,  19  L.  T,  545, 
trustees  were  ordered  to  pay  the  costs  up  to  the  hearing, 
their  conduct  having  been  vexatious  ;  and  see  Attorney- 
General  V.  Webster,  20  Eq.  483  ;  44  L.  J.  Ch.  7G6,  where 
trustees  defending  a  suit  after  being  advised  by  counsel 
that  the  property  they  claimed  was  held  for  charitable 
purposes  were  allowed  no  costs,  the  Attorney-General  not 
pressing  for  costs  against  them  personally.  Where 
trustees  Avho  had  been  ordered  to  pay  the  costs  of  a  suit 
personally  paid  them  out  of  the  charity  funds,  they  were 
ordered  to  refund  with  four  per  cent,  interest  {Attorney- 
General  \.  Daiujars,  33  Beav.  G21  ;  12  W.  R.  3G3).  In 
Attorney-General  v.  Mercers'  Co.,  18  W.  R.  448  ;  22  L.  T. 
222,  charity  trustees  were  held  not  entitled  to  charge  the 


210 


COSTS   IN    PARTICULAR   ACTIONS. 


Where  a 
Corponi- 
tioa  are 
trustees. 


costs  of  a  suit  dismissed  without  costs  against  tlie  charity 
estate ;  but  a  trustee  who  had  severed  in  his  defence  and 
supported  the  information  was  allowed  his  costs.  The 
trustees  of  a  charity  ought  not  to  be  visited  with  costs 
because  of  the  misapprehension  of  the  Charity  Commis- 
sioners as  to  the  construction  of  a  public  statute  {Moore  v. 
Clench,  1  Ch.  D.  p.  450). 

A  Corporation,  as  trustees  for  a  charity,  may  be  charged 
with  the  costs  of  the  suit,  payable  out  of  their  corporate 
funds  (see  Haberdashers  Company  v.  Attorney -General, 
2  Bro.  P.  C.  370,  where  they  had  mismanaged  the  charity; 
and  ^alop  v.  Attorney-General,  ibid.  402,  where  the  Cor- 
poration had  appointed  a  .schoolmaster  contrary  to  the 
particular  tenor  of  their  charter).  It  is  the  duty  of  a 
Corporation  to  examine  their  documents  before  putting  in 
their  defence ;  and  having  alleged  ignorance  as  to  facts, 
which  were  afterwards  discovered  from  the  scheduled 
documents,  they  were,  therefore,  charged  with  the  costs 
of  the  suit  {Attorney-General  v.  East  Retford,  2  My.  & 
K.  35) ;  and  see  Borough  of  Hertford  v.  Poor  of  Hert- 
ford, 2  Bro.  P.  C.  377,  where  the  Corporation  concealed 
evidence.  A  new  Corporation  as  altered  by  the  Munici- 
pal Corporations  Act  (5  »It  6  Will.  IV.  c.  7()j,  is  a  con- 
tinuation of  and  succeeds  to  the  rights  and  liabilities  of 
the  old  {Attorney-General  v.  Kerr,  2  Beav.  420  ;  Attorney- 
General  v.  Corporation  of  Leicester,  9  Beav.  o4i6).  In 
the  former  case,  the  present  Corporation  received  no  costs 
of  a  suit  to  set  right  a  breach  of  trust  committed  by  their 
predecessors ;  in  the  latter  case  they  were  visited  with 
costs.  But  see  Attorney -General  v.  Corporation  of  Kew- 
bury,  cited  in  Shelford  on  Mortmain,  473, n. ;  and  Attorney- 
General  V.  Caius  Colleye,  2  Ke.  150,  as  to  the  difficulty  of 
charo-ing  Corporations  with  the  defaults  of  their  prede- 
cessors. Where  the  charity  had  fallen  into  desuetude, 
and  the  Corporation  funds  had  benefited  by  the  non- 
application,  the  Corporation  were  ordered  to  pay  the  costs 
of  the  suit,  except  of  settling  a  new^  scheme  (Attorney- 


lere  a 


ACTIONS   HELATING   TO   CHARITIES.  211 

General  v.  Mercers'  Company,  2  My.  &  K.  654).  In  Whe 
Attorney -General  v.  Caius  College,  the  Court,  notwith-  t,^,^g\^haf 
standing  long  misap}Dropriation,  there  being  a  large  accu-  been  bene- 
mulated  fund  through  the  economical  management  of  charity, 
the  college,  gave  them  their  costs  out  of  it.  But  in 
Solicitor-General  v.  Corporation  of  Bath,  13  Jur.  866  ; 
18  L.  J.  Ch.  275,  where  the  Corporation  had  con- 
founded the  bouDdaries  of  the  charity  lands  with  their 
own,  but  the  charity  had  benefited  by  the  lands  being  let, 
in  breach  of  trust,  on  building  leases,  V,  C.  Wigram 
thought  it  was  not  a  case  for  following  Attorney-General 
V.  Caius  College,  and  held  that  the  Corporation  ought  to 
pay  the  costs  of  that  part  of  the  suit,  but  instead  of  so  • 
directing  gave  them  no  costs  of  the  suit  generally,  to 
avoid  the  necessity  of  apportioning  and  setting  off  the 
costs.  Although  the  breach  of  trust  is  in  the  result 
beneficial  to  the  cestui  que  trust,  he  is  nevertheless  en- 
titled to  the  costs  of  an  enquiry  respecting  it,  as  until 
then  he  does  not  know  whether  it  be  so  or  not  {ibid.). 
As  to  the  costs  of  an  information  to  restrain  a  Corpora- 
tion from  illegally  promoting  a  bill  in  Parliament,  see 
Solicitor-General  for  Ireland  v.  Lord  Mayor  and  Cor- 
poration of  Dublin ,  1  L.  R.  Ir.  166. 

In  Attorney-General  v.  Grainger,  7  W.  R.  684,  certain  Wl.cre  the 
charity  lands  were  held  to  have  been  lost  through  breach  ^^^^^^^ 
of  condition  ;  the  Attorney-General,  in  an  ex  officio  in-  is  lost  to 
formation,  appealed  unsuccessfully,  and  it  was  held  that  Hty,''th"e 
the  trustees,  defendants,  could  not  have  costs  either  from  trustees 
the  Attorney-General  or  out  of  the  estate,  which  was  no  havrcosts 
longer  in  their  possession.  ""*  "^  '*^- 

Trustees  filing  exceptions  similar  to  those  filed  by  the  Trustees 
Attorney-General  were  not   allowed  the  costs  of  them  ;  except  "°* 
and  the  principal  defendants,  though  charged  with  costs,  J^^'': 
received  their  extra  costs,  occasioned  by  the  double  sets  of  Gen°em7" 
exceptions,  out  of  tlic  estate  {Attorney-General  v.  Ward,  exLted 
11  Beav.  203).  ' 

Where  one  parish  had  been  formed  out  of  another  sub-  Tlie  costs 

P  2  "^  °"^ 


212  COSTS   IN   PARTICULAR   ACTIONS. 

pavish         seqiientiy  to  a  charitable  gift  to  tlio  original  parish,  the 
oTt  of         second  parish  was    treated    as    an    incumbrancer  on  the 
another,      original  one,  and  the  two  were  allowed  one  set  of  costs 
only  { Attorney -Oeneral  v.  Earl  Craven,  7  March,  18(50, 
A.  508,  cited  in  Seton,  p.  553). 
Cosis  how       The  costs,  if  necessary,  will  be  directed  to  be  raised  by 
payable       mortgage  of  a  portion  of  tlic  charity  estates  {Attorney-   ■ 
funds  or      General  v.  Bishop)  of  St.  Dai'iiVs,   Set.  555,  where  the 
csiate-s  of    ^qyvh  of  Order  is  given  ;  Attorney-General  v.  Atherstone 
charity.       School,  cited  in  Shelf,  on  Mortmain,  478  ;  Re  Lamheth 
Charities,  8  Nov,  1850,  B.  58,  Set,  553)  ;  but  semhle,  the 
Court  is  unwilling,  except  upon   a  very  special  case,  to 
.   order  a  sale  of  charity  estates  {Attorney -General  v.  Mayor, 
ct'C,  of  Keivarlc-upon'Trcnt,    1    Ha.    395).      It  is    more 
regular   and    proper,  in    the    first    instance    at    least,  to 
charge  the  costs  on  the  fund  recovered  by  the  informa- 
tion ;  but  the  Court  will,  it'  justice  to  the  relator  or  the 
interests  of  the  charity  require  it,  direct   the   costs   to  be 
paid  out  of  the  funds  of  the  charity  generally  {Attorney- 
Where        General  v.  Kerr,  4  Beav.  2.97).     In  Attorney- General  v. 
several       Skiiiuers'  Comixiny,  2  Russ.  407,  446,  the    costs  were 
charities,     apportioned  between  two  estates  as  to  one  of  which  the 
company  failed,  and  as  to  the  other  of  which  they  suc- 
ceeded in  their  claim  to  the  surplus  income,  except  the 
costs  of  a  scheme  relating  only  to  one   estate.     The  costs 
of  settling  a  scheme  for  all  the  charities  in  a  town  were 
ordered  to  be  ultimately  borne  by  all  rateably,  but  for  the 
present  to  be  paid  out  of  an  existing  fund  belonging  to 
three  of  the  charities  only   {Re   Stafford    Charities,   26 
Beav.  567;  and  see  Re  Saffron  Walden  Charities,  Set, 
555). 
Where  the       The  Court  has  power,  under  Sir  S.  Romilly's  Act  (^39-«5'^ 
exercises  a  ^®^-  "^^^^  ^-  ^^'  ^°    dismiss  a  petition  Avith  costs ;    see 
statutory     Chertsey  Market  Case,  6  Price,  261,  where  the  application 
tioif-' "      ^^'^s  \\^\il  to  be  vexatious  ;  and  in  re  Poplar  d:  Blachvxdl 
Free  School,  8  Ch.  D.  543,  where  trustees  were  not  allowed 
the  costs  of  an  abortive  petition.     But  the  Court  had  no 


ACTIO^•S   KELATING   TO   CHARITIES.  213 

power  to  award  the  costs  of  proceedings  under  the  Bed- 
ford   Charity    Act    (53    Geo.  III.  c.  101)    {Re   Bedford 
Charity,  2  Swans.  532  ;  see  now  R.  S.  C.  Ord.  LV.  r.  1). 
On  an  appeal  to  the  Lord  Chancellor,  as  visitor  of  a  chari-  or 
table  foundation  on  behalf  of  the  Crown,  he  can  award  chancellor 
costs:  see  Queens  Collene  Case,  Jac.  19,  where  they  Avere  i^earsan 

P    1       p       1        /  1  1 1  appeal  as 

given  out  of  the  funds  of  the  college.  visitor. 

Commissionei's  of  charitable  uses,  under  43  Eliz.  c.  4,  Commis- 

11  1  /(7i  T\     T  1     c\     K    ^     slouers  of 

had  no  power    to    award    costs    [Aylet  v.  IJodd,  I  Atk.  charitable 
238) ;    but  the  Lord   Chancellor  could  do  so  on  appeal  "'^^t,""''^'" 
from  their  decision  {ih'id.  ;  and  see  Biirford,  v.  LenfhaU,  c.  4. 
2  Atk.  550). 

The  lessees  must  pay  the  costs  of  a  suit  to  set  aside  an  Costs  of 
improvident  lease  of   charity  land  {Attorney -General  v.  aside**im^* 
Lord  HotJtam,T.  &  R.  220;  Attorney-General  v.  Owen,  woper 
10  Ves.  562).     In  the  latter  case  the  decree  was  under 
special  circumstances  made  without  costs,  but  Lord  Eldon 
said  it  should  not  be  a  precedent.     In  Attorney-General 
V.   GreenhiU,  3  N.  E.  230,  where    the   lease    had    been 
made  in  pursuance  of  a  direction  which  the  Court  held  to 
be  void  as  tending  to  a  perpetuity,  the    Master  of   the 
Rolls  thought  that  the  relators,  the  lessors,  should  pay  all 
the  lessee's  costs. 

The  Court  has  no  authority  to  make  an  order  adversely 
with  regard  to  the  costs  of  proceedings  before  the  Attor- 
ney-General not  under  its  direction  or  sanction  {Attorney- 
General  V.  Harper,  8  L.  J.  Ch.  12). 

When  the  Attorney-General,  upon  making  an  applica- 
tion to  the  Court  in  the  matter  of  a  charity,  desires  an 
order  for  taxation  and  payment  of  his  costs,  charges,  and 
expenses  relating  to  tlie  charity,  not  being  costs  in  the 
matter,  the  summons  must  contain  a  statement  of  the 
matters  in  respect  of  which  payment  of  such  costs  is 
desired  {In  )-c  Didwlch  Colleye,  15  Eq.  294). 


214  COSTS  IN  rAiniciLAR  action's. 


Sect.  IV. — Actions  for  Discovery  or  Perpetuation  of 
Testimony. 

Actions  Under  the  present  practice  actions  for  discovery,  though 

for  (lis-       j.^^j.Q   niav  still  be  neccs.sary  in  certain  cases,  e.n.,  -with  a 

CO  very.  ^  »/  ^  *^ 

view  to  intended  proceedings  ;  see  Orrx.  Diaper,  4  Ch.  D. 
Under  the  ^^-  ^^^  ^^^^  Court  of  Chancery  the  rule  in  suits  for  di.scovery 
former  -^^-as  that  uulcss  the  bill  was  a  cross  bill,  in  which  case  the 
the  plain-  costs  "Nvere  costs  in  the  original  cause  unless  the  Court 
tiff  paid      should  otherwise  direct  (Cons.  Ord.  XL.  r.  14),  the  plaintiff 

lilG  COSi/S  Oi  .  -•••■« 

the  suit,  paid  the  costs  of  the  suit  (Sinimowh  v.  Lord  Kninaird, 
4  Vcs.  785  ;  Firkins  v.  Loive,  l^  YlVX^).  The  suit  was 
never  brought  to  a  hearring,  and  the  only  order  made  in  it 
was  that  the  plaintiff  pa}^  the  defendant  the  costs  of  the 
suit  {Woodcock  v.  King,  1  Atk.  2<SG).  On  putting  in  a 
full  answer  the  defendant  was  entitled  to  this  order  as  an 
order  of  course  (Rhodes  v.  Hayne,  9  Jur.  17-5  ;  Coventry 
V.  Bentley,  3  Mer.  677).  It  is  presumed  that  the  old 
chancery  practice  in  relation  to  suits  for  discovery  will  be 
followed  whenever  it  is  found  applicable,  and  that  the 
plaintiff  will  generally  be  ordered  to  pay  the  defendant's 
costs ;  but  that  the  defendant  will  no  longer  be  able  to 
obtain  them  by  an  order  of  course. 

Under  the  former  jnactice  it  was  held  that  the  defendant's 
right  to  his  costs  was  not  waived  by  his  subsequently  ac- 
cepting the  costs  of  an  amendment,  nor  by  his  neglecting 
to  serve  the  plaintiff  with  the  order  for  payment  of  costs, 
until  after  service  of  the  order  to  amend  {Coventry  v, 
Bentley).  And  an  order  for  payment  of  costs  by  the  plaintiff 
was  regular,  though  he  had  become  bankrupt  {Hihherson 
V.  Fielding,  2  S.  cl  S.  371).  Semhle  the  plaintiff  must 
pay  the  costs  though  no  interrogatories  were  sensed,  the 
defendant  having  given  the  discovery  required  Avithout 
answer  {Fitzgcrcdd  v.  Bidt,  9  Ha,  app.  Ixv.).  A  prayer 
that  "  such  further  order  may  be  made  as  the  nature  (jf  the 
case  may  require,"  did  not  convert  a  bill,  otherwise  for 


ACnOKS   FOR   DISCOVEfvi',   &c.  215 

discoveiy  only,  into  one  for  relief  (South-Eastern  Ry.  Co. 
V.  Siihmarine  Telegraph  Co.,  17  Jur.  1044)  ;  and,  there- 
fore, a  motion  by  defendant  for  dismissal  was  refused  as 
unnecessar}'',  but  without  costs  on  account  of  the  unusual 
form  of  the  prayer  {Ihid.).  The  defendant  was  entitled  to 
costs  only  as  between  party  and  party  (Beames,  33). 

If  the  discovery  required  was  in  aid  of  the  defence  to  an  Where  bill 
action  at  law,  and  the  bill  prayed  an  interim  injunction,  anln^ermi 
the    defendant,  if  he  filed    affidavits    and  unsuccessfully  injunction 

1     1       •    •  •  1     1  1  T    1  1      i  1 1  r>  *°  restrain 

resisted  the  injunction,  was  held  liable  to  pay  the  costs  oi  an  action 
the  motion  (Lovell  v.  Galloiuay,  19  Beav.  G43);  though  "•* '^^^'' 
the  contrary  seems  to  have  been  held  in  Kohle  v.  Garland, 

1  Mad.  344.     Where  the  bill  also  prayed  a  commission  to  oracom- 
examine  witnesses,  the  costs  could  not  be  obtained  until  '"i^^'?"  ^^ 

examine 

the  return  of  the  commission  {Anon.  8  Ves.  69  ;  Banhiiry  witnesses; 

v. ,  9  Ves.  103).     And  it  seems  that  the  defendant 

will  be  entitled  to  his  costs  of  discovery,  though  he  has 
examined  witnesses  in  chief  under  the  commission  {London 
Assurance  Go.  v.  Hankey,  1  Anst.  9) ;  so  also  in  a  suit  for  or  to 
discovery  and   to   perpetuate    testimony,   where    the  de-  testimoiV 
fendant  examines   witnesses   {Shrine  v.  Poivell,  15  Sim. 
81) ;  notwithstanding  Anon.  8  Yes.  69. 

In  a  suit  to  perpetuate  testimony  the  defendant  is  en-  Costs  of 
titled  to  his  costs  from  the  plaintiff,  if  he  has  not  examined  ''""*"''  *"  , 
witnesses  of  his  own,  or  only  cross-examined  the  plaintiff's  testimony. 
witnesses ;   but  if  the  defendant  examines  witnesses   in 
chief  no  costs  are  given  on  either  side   {Bliiihehome  v. 
Feast,  1  Dick.  153;    Bidvlph  v.  Bididpli,  2  P.  W.  285; 
Berney  v.  Eyre,  3  Atk.  387;   Earl  of  Abergavenny   v. 
Powell,  1  Mer.  434)  ;  and  the  costs  of  perpetuating  testi- 
mony merely  are  never  given  against  the  defendant  {Clifton 
v.  OrcJiard,  1  Atk.  610).    In  Lady  Codrington  v.  England, 

2  Atk.  160,  Lord  Hardwicke  seems  to  have  thought  that 
no  costs  on  either  side  were  given  in  such  suits,  but  he 
afterwards  admitted  the  general  rule  (see  Berney  v.  Eyre). 
The  defendant  is  entitled  to  his  costs  immediately  after 
the   commission  i.s  executed   upon  an  allegation  that  he 


216 


COSTS    IN    I'AKTICULAR    ACTIONS. 


has  not  examined  witnesses  in  chief  {Fouhh  v.  M'uljlcy, 
1  V.  &  B.  138).  The  order  under  the  former  practice  was 
always  made  ex  parte,  and,  therefore,  where  it  was  made 
upon  notice,  the  costs  of  service  were  disallowed  on  taxa- 
tion {Watldns  v.  Atchison,  10  Ha.  app.  xlvi.).  The 
defendant  was  entitled,  on  a  bill  to  perpetuate  testimony, 
to  his  costs  of  answering,  though  no  answer  was  required 
(Lecky  V.  Murray,  1  B.  &  B.  301).  The  costs  of  a  bill  to 
perpetuate  testimony  to  a  will  were  allowed  though  the 
defendant   had  filed    a  cro.ss   bill    to  set   aside   the  will 

( V.    Andrei'js,  Barn.  333).      Wiicre   a    domuircr 

to  the  bill  was  allowed  after  the  plaintiff  liad  obtained 
nn  ex  parte  order  to  examine  witnesses  de  hcne  esse, 
the  plaintiff  paid  the  costs  of  tlie  examination  in  chief, 
but  not  of  the  cross-examination  (Dew  v.  Ch'rke,  1  S. 
&  S.  115). 
Suits  to  A  suit  to  perpetuate  testimony,  like  one  for  discovery, 

perpetuate  ouo-ht  not  to  bo  broui^dit  to  a  hearing  (Cons.  Ord.  IX.  r.  7)  ; 

testimony  ,.„...         .,,i^t        •         i       -.i  .ix  i.x 

not  brought  and  if  it  is,  it  Will  be  dismis.sed  with  costs,  but  so  as  not  to 

^^^  ])rejudice   the    plaintiff  in    perpetuating   the   witnesses' 

testimony    {Anon.,    Amb.  236 ;    2    Ves.    497 ;    Hall    v. 

Hoddesdon,  2  P.   W.    161  ;    Mach-ell  v.  Hind,  2    Mad. 

34,  n.).     In  the  anonymous  case  just  cited,  it  was  said 

tliat  the  bill  might  be  dismissed  for  want  of  prosecution  at 

any  time  before  replication  and  examination  of  witnesses  : 

sed  qu.,  see  Barton   v.  Bud;   22  J'^eav.  81  ;    Bmvan    v. 

Carpenter,  11  Sim.  22.     Instead  of  dismissal,  an  order  will 

bo  made  that  the  plaintiff  proceed  within  a  certain  time  or 

in  default  that  he  pay  to  the  defendant  the  costs  of  the  suit 

(Beavan  v.  Carpenter ;   Wright  v.  Tathara,  2  Sim.  459  ; 

Barham  v.  Longman,  ibid.  n.).     But  if  the  bill  prayed 

also  for  relief,  as  that  a  certain  copy  of  a  will  might  be 

established  as  a  true  copy,  it  might  be  dismissed  for  want 

of  prosecution  {Vaughan  v.  Fitzf/erald,  1  Sch.  Sc  L.  316, 

where  an  order  was  made  to   amend  by  striking  out  so 

much  of  the  bill  as  prayed  for  rulief,  and  then  for  payment 

of  costs  according  to  the  usual  course). 


hcarin;^ 


Order 
where 
pliiintiff 
floes  not 
procecil. 


ACTIONS   FOR   DOWER.  217 

As  to  the  costs  of  suits  to  establish   a  Avill,  see  post, 
ch.  YI.,  sec.  VI. 

The  principle  that  the  jDlaiutiff  paid  the  costs  of  dis-Costsofa 
covery  applied  where  a  person  was  made  defendant  merely  defendant" 
for  purposes  of  discovery  to  a  bill  seekino-  relief  asainst  *°  action 

.  -  ^  *  for  dis- 

other  parties  (Cons.  Ord.  XL.  r.  16)  ;  but  such  defendant  covery 
could  not,  upon  putting  in  his  answer,  move  for  his  costs  ^^^^^i' 
at  once  {Attorney-General  v.  Burch,  4  Mad.  178  ;  but  see 
Williams  V.  Williams,  2  Bro.  C.  C.  87). 

If  a  person  who  is  a  mere  witness  is  made  a  defendant,  A  witness 
he  will  be  dismissed  with  costs,  but  as  between  party  and  feiuiant^' 
party  only   (De  Co)nbe  v.  De  Combe,  3  Jur.  N.  S.  712;  entitled  to 
Attivood  V.   Small,   6  CI.  .1-  F.  232;    Cockell  v.   T(^?/^or,  pSy  col 
15  Beav.  128).  °"'^^'- 


Sect.  V, — Actions  foi*  Dower. 

No  costs  are  given  of  a  suit  simply  for  assignment  of  No  costs 
dower  where  the  right  is  admitted   {Lucas  v.  Ca.lcraft,  for  assign- 
1  Bro.  C.  C.  133),  in  analofry  to  the  practice  at  law  on  a  ?°"*  °^ 

°''  ■"■  .  dower. 

writ  of  dower  {Mundy  v.  Mtuidy,  2  Ves.  junr.  128).     But  Unless 
the  plaintiff  will  be  entitled  to  her  costs  where  the  de-  defendant 
fendant  has  vexatiously  kept  her  out  of  her  dower  {Wor-  dowress 
(jan  V.  Ryder,  1  V.  l^  B.  20) ;  or  where  the  plaiutiff's  title  '^"t-  o'' 

^      / -rt  ^r       1  disputes 

IS  unsuccessfully  resisted  {r  ry  v.  JSoble,  i  De  G.  M.  k  G.  her  title. 
G87  ;  4  W.  R  145,  aflfg.  S.  C.  20  Beav.  606).  So  a  defendant 
Avho  did  not  admit  the  plaintiff's  title  until  after  the  bill 
WHS  filed,  and  then  without  tendering  costs,  was  ordered 
to  pay  costs  up  to  the  hearing  {Harris  v.  Harris,  1  N.  R. 
43  ;  11  W.  R.  62).  However,  in  Bamford  v.  Bamford, 
5  Ha.  203,  where  the  defendant  disputed  the  title  on 
information  as  to  the  death  of  the  plaintifi"s  husband, 
wlio  was  a  convict,  derived  from  the  returns  of  the 
Secretary  of  State,  but  which  proved  to  be  incorrect,  the 
decree  was  made  without  costs.  Where  a  bill  for  dower 
was  dismissed   ou    the  ground  of  the  lapse  of  time,  it 


•218  COSTS    IN    PARTICULAU   ACTION'S. 

was  with  costs,  although  the  right  was  admitted  (MarshaU 
V.  Smith,  5  N.  R.  161  ;  10  Jur.  N.  S.  1174).  Where  the 
defendant  set  up  an  assignment  of  rent  which  he  failed  to 
prove,  and  entered  into  evidence  as  to  the  improvement  of 
the  lands  since  the  title  of  the  dowress  accrued,  he  was 
ordered  to  pay  so  much  of  the  costs  of  the  suit  as  was 
thereby  occasioned  (Stonnont  v.  Widens,  14  W.  R.  192  ; 
1.3  L.  T.  533). 


Sect.  VI. — Interpleader  Actions. 

Where  no  proceedings  liave  been  taken  against  the 
stakeholder,  an  interpleader  action  may  now,  it  would 
seem,  be  brought  in  any  division  of  the  High  Court. 
Where  such  an  action  is  brought  in  the  Chancery  Divi- 
sion, the  practice  of  the  old  Court  of  Chancery  and  the 
rules  of  that  Court  as  to  the  costs  of  interpleader  suits 
Avill,  it  is  conceived,  be  followed  wherever  they  are 
applicable. 

On  a  sheriff's  application  for  interpleader,  however,  the 

Common  Law  practice  must  be  followed,  even  where  no 

action  has  been  brought  against  the  sheriff;  see  Scton, 

p.  o(Jl.     The  sheriff's  costs  of  an  appeal  must  be  paid  by 

the  party  who  is  decided  to  be  in  the  wrong  {Ex  imrte 

Streeter,  in  re  Morris,  19  Ch.  D.  219). 

Tlic  losing        In  Chancery  the  rule  in  interpleader  suits  has  always 

pavTthe      ^"^^^^  ^^^^^  ^^^®  defendant  against  whose  claim  the  Court 

costs.  decides  pays  the  costs  of  the  plaintiff  and  of  the  other 

defendants   (Dowson  v.  Hardcastle,  1  Yes.  junr.  308;  2 

Cox,  278 ;  and  the  cases  cited  in  Beames,  p.  37).     But  in 

Meux  V.  Bell,  1  Ha.  73,  the  plaintiff  had  his  costs  out  of 

the  fund,  but  no  costs  were,  under  the  circumstances,  given 

to  any  of  the  defendants  (a).     If  an  action  at  law  were 

(rt)  The  effect  of  this  woukl  scum  to  be  that  the  successful  ilcfendant 
rni<l  the  plaiutilf's  costs, 


IXTERl'J.KADER    ACTIONS.  219 

directed  by  the  decree,  the  result  of  it  was  tjonclusive,  and 
the  failing  defendant  paid  the  costs  of  the  suit  though  the 
equitable  rights  were  not  determined  (Luscombe  v.  Calla- 
ghan,  1  Mol.  204).     So  a  defendant  who  occasioned  the  where  a 
suit  by  making  a  claim  which  he  withdrew  after  bill  filed  '^la\™  ^^ 

,  °  withdrawn 

paid  the  costs  of  it   {Mason  v.  Hamilton,  o  Sim.  19).  after 
But  the  plaintiff  should  not  bring  the  suit  to  a  hearing  lfQ°\^ 
when  all  claims  but  one  are  withdrawn,  but  should  apply 
to  stay  proceedings  {Symes  v.  Magnay,  20  Beav.  47)  :  and 
a  plaintiff,  having  brought  the  suit  to  a  hearing  in  such 
case,  was  allowed  no  costs  subsequent  to  the  Avithdrawal 
of  the  claim  (ibid. ;  and  see  Glynn  v.  Locke,  3  Dr.  &  W. 
11).    So  a  decree  was  made  with  costs  against  a  defendant  or  one 
who  did  not  appear  (Hodges  v.  Smith,  1  Cox,  357).  does'not 

If  a  stakeholder,  instead  of  seeking  his  remedy  by  inter-  ''^rrear. 
pleader,  litigates  with  rival  claimants  separately,  he  loses 
his  right  to  costs  against  the  successful  claimant  [Laing  v. 
Zeden,  9  Ch.  736). 

If  the  subject   of  dispute  is  a    fund,   which  has  been  The  phiiu- 
brought  into  Court,  the  plaintiff  is  entitled,  at  the  hearing:,  ^''^. ''■^'^ 

o  _  .      .  .  _         ="  a  lien  on 

to  have  his  co.sts  out  of  it  in  the  first  instance  without  the  fund, 
prejudice  to  the  question  by  which  defendant  they  should  hijfcosts-^ 
ultimately  be  borne  {Campbell  v.  Solomaus,  1  S.  &  S.  402; 
Hoggart  v.  Cutis,  Cr.  &  Ph.  197;  Secretary  of  State  for 
India,  v.  Kelson,  Set.  359);  or  if  the  fund  is  not  in  Court, 
the  order  will  be  for  retainer  of  his  costs  out  of  it  by  the 
plaintiff  {Coiutan   v.    Williams,  9  Ves.  107  ;   Hodges  v. 
Smith,  1  Cox,  357).     And  the  plaintiff  is  entitled  to  costs 
out  of  the  fund,  though  an  immediate  order  is  made  for 
their  payment  by  one  of  the  defendants  (Hodges  v.  Smith, 
Campbell  v.  Solomans).     But  the  plaintiff  is  not  entitled  bnt  cannot 
to  move  for  his  costs  before  the  hearing  (Jones  v.  Gilham,  ti,^ef,|" 
G.  Coop.  49)  ;  but  secus,  if  all  claims  but  one  are  with-  hefore  the 

^  hearing. 

drawn  (Symes  v.  Magnay,   20  Beav.  47).     In  Glynn  v.  Set-oif" 
Locke,  3  Dr.  &  W.  11,  part  of  the  bill  was  dismissed  with  ^vhe'-c  part 
costs,  and  the  plaintiff  had  co-sts  only  up  to  the  withdrawal  dismis.•5cd^ 
of  his  claim  by  one  defendant ;  and  the  costs  payable  to 


220  COSTS    IN    i'AUTlCULAn   ACTIONS. 

tlie  plaiutiffs  were  set  off  against   the  costs   payable  by 
tliem  to  the  successful  defendant,  and  the  latter  had  his 
costs  so  set  off  and  his  other  costs  over  from  the  other 
defendant. 
Where  the       The  plaintiff,  though  it  is  a  proper  case  for  interpleader, 
Lr'no^      may  lose  his  costs  by  misconduct  {Bnjmer  v.  Buchanan, 
costs,  or      1  Dick.  2i)2,  n.  ;  and  see  Beames,  38.  n.  .5),  and  will  have 
po&cos,.  ^^  pay  the  costs  of  unnecessary  evidence,  such  as  of  an 
affidavit  verifying  tlic  bill  on  motion  for  injunction,  or  of 
obtaining  an  injunction  where  no  action  or  proceedings 
are  threatened  (Craivford  v.  Fisher,  1  Ha.  436).     "  Vexa- 
tious conduct  or  culpable   negligence  on  the  part  of  the 
plaintiff  in  an  interpleading  suit,  wdiereby  needless  ex- 
pense is  occasioned,  ought,  in  my  opinion,  to  be  visited 
in  all  cases  with  costs  against  the  plaintiff"  (per  V.  C 
AVigram,  1  Ha.  444)  ;  and  see  Button  v.  Fiwness,  14  W. 
R  GOO;  35  L.  J.  Ch.  403  ;  12  Jur.  N.  S.  386;  14  L.  T. 
319,  wliere  a  .sheriff  had  hastily  filed  a  bill  of  interpleader, 
and  being  clearly  in  the  wrong,  was  ordered  to  pay  all  the 
Collusion     costs.     Where  the  plaintiff  was  colluding  with  one  of  the 
plaintiff      defendants,  the  bill  was  dismissed,  and  the  plaintiff  and 
and  one       j^jg  solicitor  wcrc  Ordered  to  pay  all  the  innocent  defend- 

dcfeuilant.  ,  \     "^  i      i- 

ants  costs  and  expenses  as  between  solicitor  and  client 
wiicrc  {Dungey  v.  Angove,  2  Ves.  junr.  304).  If  the  plaintiff' 
cise  for  raises  no  case  for  interpleader  as  against  all  or  some  of  the 
niter-  defendants,  the  suit  will  be  dismissed  with  costs  as  against 

pIcAucr. 

such  defendants  (see  ex.  gr.  Hoggart  v.  Cutts,  Cr.  &  Ph. 
197;  G/gnn  v.  Locl-e,  3  Dr.  &  \V.  11);  but  in  Cochrane 
V.  O'Brien,  2  Jo.  &  Lat.  380,  the  bill  Avas  dismissed  with- 
out costs  as  to  the  defendants  whose  misconduct  had  occa- 
sioned the  suit.  Although  one  defendant  submits  to  a 
decree  against  him  with  costs,  the  plaintiff  will  not,  if  it 
was  not  a  proper  case  for  interpleader,  be  allowed  a  lien 
on  the  fund  for  his  costs  ( Watts  v.  Hammond,  3  W.  R. 
312).  However,  the  old  rule  as  to  defendants  losing  their 
costs  by  not  demurring  applied  to  interpleader  suits  (Cook 


ACTIONS  RELATING  TO  MORTGAGES.        ^21 

v.Earl  ofRosshjn,  1  Giff.  167;  3  Giff.  175  ;  7  W.  R.  537; 
see  now  as  to  this  rule,  ante,i^.  Ill) ;  and  semhle,  notwith- 
standing Lord  Eldon's  dictum  in  Hyde  v.  Warrei},  19 
Ves.  322,  that  a  defendant  could  not  demur  after  tlie 
fund  was  in  Court ;  a  dictum  which  rests  on  no  principle, 
and  was  disapproved  of  in  Hoggavt  v.  Cutis,  Cr  &  Ph 
197. 

The  plaintiff  will  be  entitled  to  costs  as  between  party  Costs  as 
and  party  only  {Dunlop  v.  Hubbard,  19  Ves.  205)  •  and  ^^^^'^^u 

.  ,  ,  ,  ,   ,  ^  '  party  and 

not  to  any  charges  and  expenses  dehors  the  suit  (Hale  v.  party  only 
Saloon  Omnibus  Co.,  4  Drew.  492),  but  his  costs  were  ;"'ehi^ges 
under  the  old  practice  held  to  include  the  costs  at  law,  if  a"^l     ° 
any  (Dowson  v.  Hrrdcastle,  2  Cox,  278  ;  1  Ves.  junr.  308).  cEHiie 
The  lower  scale  of  costs  applies  to  an  interpleader  suit  ^"^^' 
where  the  matter  in  dispute  is  under  the  value  of  £1  000 
{G'lbbs  V.  Gibbs,  6  W.  R.  415). 

In  a  suit  by  the  owner  of  an  estate,  subject  to  a  charge.  Suit  in  the 
against  couflicting  claimants  to  the  money  raisable,  the  f„\e"'^  "* 
plaintiff  was  allowed  his  costs  against  those  defendants  pleader. 
Avho  failed  in  their  claim  (Vyvi/an  v.    Vyvyan,9  \V.  R. 
869,  affd.  on  appeal,  10  W.  R.  179).     A  defenda!nt  in  the  A  defen- 
position  of  an  interpleading  plaintiff,  as  a  debtor  whose  ^'•^".^'"  *''® 
debt  is  claimed  by  the  plaintiff  and  by  one  of  the  defen-  a'l^ake"  °* 
dants,  is   entitled    to    retain  his    costs    out  of  the  debt  ^°^^'''^'' 
(AppUn  V.    Gates,  SO   L.  J.   Ch.  6);   and  an  auctioneer 
being  ordered  to  pay  a  deposit  into   Court  in  a  specific 
performance  suit  was  allowed  to  retain  his  costs  and  ex- 
penses out  of  it  {Annesleij  v.  Muggridge,  1  Mad.  593  ; 
Yates  V.  Farebrother,  4  Mad.  239). 


Sect.  VII. — Actions  relating  to  Mortgages, 

By  R.  S.  C.  Ord.  LV.,  r.  1,  any  right  of  a  mortgagee  to  General 
costs  out  of  a  particular  estate  or  fund  to  which  he  would  ^^^^  ^^  ^° 
be  entitled  according  to  the  rules  of  equity  is  preserved,  between 
The  rule  of  equity  as  between  mortgagor  and  mortgagee  ^°[*fe'''^«^'" 

mortgagee. 


'2-2:2  COSTS   m  PARTtClLAn   AOTIOKS. 

Actions  to  is,  that  tlie  latter  is  entitled  to  aJJ  all  his  costs  properly 
or'enforce  incurred  to  his  security,  and  that  the  mortgagor  or  sub- 
a  security,  sequent  incumbrancers  can  redeem  only  on  payment  of 
principal,  interest,  and  costs ;  see  Cotterdl  v.  Stn'tfon,  8 
Ch.  21)5;  Cottrell  v.  Finney,  9  Ch.  o41.  But  a  mort- 
gagor, if  foreclosed,  does  not  pay  costs  personally,  though 
the  estate  in  insufficient  to  pay  tlie  plaintiff's  debt 
{Iloivard  v.  Queens  Trustees,  2  Mod.  173;  Frazer  v. 
Jones,  5  Ha.  47-3,  4S3),  unless  he  unsuccessfully  disputes 
the  validity  of  the  security  {Tihlesley  v.  Lodye,  3  Jur.  N.  S. 
1000;  Sharpies  v.  Adxms,  32  Beav.  213;  1  N.  R.  4G0  ; 
and  see  Taner  v.  Ivie,  2  Yes.  467).  And  where,  by  set- 
tling an  estate  ■without  notice  of  a  charge  upon  it,  the 
owner  rendered  a  suit  to  enforce  the  charge  necessary,  he 
had  to  pay  the  costs  of  it  {Wise  v.  Wise,  2  J.  cl-  L.  403). 
Equitable  An  cquitablc  mortgagee  by  deposit  is  entitled  to  his  costs 
mortgagee,  ^^  against  the  mortgagor  [Aherdecn  v.  Chitty,  3  Y.  &  C. 
879);  or  his  personal  representative  (Gonnell  v.  Hardie, 
3  Y.  &  C.  582)  ;  or  in  equity  as  against  his  trustee  in 
bankruptcy  {The  Queen  v.  Chambers,  4  Y.  &  C.  54),  though 
the  deposit  was  made  without  a  memorandum  {ibid.).  Y,\\t 
in  bankruptcy  the  rule  is,  that  an  equitable  mortgagee  by 
deposit  U'ithout  memorandum,  seeking  to  enforce  liis 
security,  pays  costs  {Ex  parte  Barclay^  ,'>  De  G.  M.  and  G. 
407 ;  Anon.  2  Mad.  281  ;  Ex  parte  Warry,  19  Yes.  472) ; 
though  not  if  the  trustee  raise  a  frivolous  opposition  {Ex 
parte  Home,  1  Mad.  022  ;  Ex  parte  Garbutt,  2  Rose  78)  ; 
or  if  the  deposit  was  made  under  circumstances  in  which 
it  is  not  customary,  according  to  the  course  of  business,  to 
give  a  memorandum  {Ex  parte  Moss,  3  De  G.  t^  S.  599). 
If  there  is  a  memorandum,  the  costs  are  added  to  the 
security  {Ex  parte  Barclay,  5  De  G.  M.  &  G.  407  ;  Ex  parte 
Trew,  3  Mad.  372  ;  Ex  jmrte  Brightens,  1  Swans.  3).  And 
where  an  agreement  for  a  lease  had  been  deposited  with 
a  memorandum,  and  afterwards  the  lease  was  deposited 
without  one,  the  costs  were  allowed  {Ex parte  Anderson, 
3  De  G.  &  S.  ()00).     In  a  decree  for  foreclosure,  in  case  of 


ACTIONS  RELATING  TO  MORTGAGES.  2-23 

an  equitable  mortgage,  the  practice  is  to  direct  a  convey-  Costs  of 

11  ,  .  1        ,  .  ,1  conveyance 

ance  by  the  mortgagor  without  saying  at  whose  expense  of  the  legal 
{Ball  V.  Harris,  8  Sim.  485).    In  Pryce  v.  Bury,  2  Drew.  ^^^""^^^^^^ 
41  ;  affirmed,  on  appeal,  16  Eq.  153,  n. ;  18  Jur.  967  ;  2  able  mort- 
W.  R.  216,  Y.  C.  Kindersley  seems  to  have  thought  tliat  S'''°^^' 
where  the  property  consists  oi  freeholds  or  leaseholds  the 
mortgagee  must  bear  the  costs,  because  he  prepares  the 
conveyance  and  tenders    it    to    the  mortgagor ;    but  he 
decided  that,  in  the  case  of  copyholds,  the  mortgagor  must 
pay  the  costs  of  surrender,  because  there   he  takes  the 
initiative.    But  qucere  the  soundness  of  this  distinction  ;  as 
between  vendor  and  purchaser  of  copyholds,  for  instance, 
the  latter  must  bear  the  expense  both  of  the  surrender  to 
him  and  of  his  own  admission  (Sugd.  V.  &  P,  562).    Where 
the  defendant  had  acquired  the  legal  estate  with  notice  of 
an  equitable  charge,  but  disputed  the  validity  of  it,  he 
was  ordered  to  pay  personally  so  much  of  the  costs  as  the 
security  was  insufficient  to  satisfy  {Sharpies  v.  Adams,  1 
N.  R.  400 ;  32  Beav.  213). 

Again,  the  plaintiff  in  an  action  for  redemption,  accord-  RoJemp 
ing  to  the  general  rule,  pays  the  costs  of  it  {Detillin  v.  aXons 
Gale,  7  Ves.  583).     And  it  is  so  far  a  matter  of  principle 
that  an  appeal  for  costs  will  lie  where  a  mortgagee  is 
refused  his  costs  {Owen  v.  Griffith,  1  Ves.  250  ;  Norton  v. 
Cooper,  5  De  G.  M.  &  G.  728  ;  Cotterell  v.  Stratton,  8  Ch. 
295  ;  In  re  Rio  Grande  do  Sid  Steamship  Co.,  5  Ch.  D. 
282;  40  L.  J.  Ch.  277;  25  W.  R.   328;  30  L.  T.  GOSj.^o  ^^^^  ^^y' ' 
There  must    be    something    of    positive    misconduct   to^?"  '"t^^T^^'^'ei^^ 
deprive  a  mortgagee  of  his  costs  {Loftus  v.  Sivift,  2  Sch."^^^^*!^^''^'"^^"^''^ 
&  L.  642)  ;  the  fact  of  his  merely  extending  his  claim 
beyond  what  the  Court  decides  that  he  is  entitled  to  is 
not  sufficient  {ibid.;  and  see  Cotterell  v.  Stratton).    Where 
a  bill  was  filed  for  redemption  of  two  estates,  and  one  was 
held  not  to  be  redeemable,  the  plaintiff  was  allowed  to 
redeem  the  other  only  on  payment  of  principal  and  interest 
and  the  whole  costs  of  the  suit  {Batchelor  v.  Middleton,  6 
Ha.  75).     In  default  of  redemption  the  action  is  dismissed 


2*24  COSTS    IN   IWKTICM  LAI;    ACTIONS. 

with  costs.  -And  see  /t'/%  v.  Croydvn,^)  N.  R.  160;  13 
W.  R  223  ;  11  L.  T.  59.1,  where  a  bill  by  the  assignee  of 
the  tenant  for  hfe  to  redeem  a  mortgage  on  the  inlierit- 
ance,  the  tenant  for  life  having  died  2'>endente  life,  was 
dismissed  with  costs. 
Actions  by  In  an  action  1  v  a  ^9i(is)R'  incumbrancer  for  redemption 
puisne        ^j^j  fQi-eclosure  merely,  the  costs  of  each  party  are  added 

incum-  *'  .  •       •       1  1    • 

brancevs      to  his  security  and  paid  with   his  principal   and  interest 
ciosu^'      according  to  his  priority  {Wright  v.  Kirhy,  23  Beav.  463  ; 
and  re-        wihJ  V.  Lochhavt,  1 0  Bcav.  320  ;  16  L.  J.  Ch.  519  ;  Barnes  v. 
deniption.    ^^^^^.^^^.^  1  Y.  &  C.  C.  C.  401 ;  and  see  Winiham  v.  Mxchin, 
10  Eq.  447).     But  where  the  suit  is  instituted  to  ascertain 
priorities  upon  an  estate  or  fund,  the  plainiiftMias  costs  in 
the  first  instance,  and  the  costs  of  other  parties  are  added 
to  their   securities    (Wright    v.    Kivb//,    23    Beav.    463; 
White  V.  Bishop   of  Peterborough,   Jac.  402  ;   Brace  v. 
Duchess  of  Marlborough,  Mos.  50-;  Ford  v.  Lord  Chester- 
field,  21   Beav.  426  ;   and  see  Johnstone  v.   Cox,  ID  Ch. 
D.  17). 
Wliere  We  havc  already  seen  (ante,  p.  19!)),  tliat  a  first  inort- 

conseiits  to  g^g^^  ^ocs  not  losc  liis  priority  in    respect   of  costs   by 
a  sale.        consenting   to    a    sale  of  the   mortgaged  property  in   an 
action  to  administer  the  mortgagor's  estate.     Nor  will  ho 
do  so  by  consenting  to  a  sale  in  a  puisne  incumbrancer's 
action  {Wild  V.  Loclharf,  10    Bcav.  320;  16  L.J.   Ch. 
519)  ;  and  he  is  entitled  to  his  principal,  interest,  and 
costs  in  priority  even  to  the  costs  of  the  sale  (ibid. ;  and 
see  Crosse  v.  Genercd  Reversionai^  Co.,  3  De  G.  M.  &  G. 
698  ;  Ward  v.  Macldnlay,  2  De  G.  J.  &  S.  358  ;  5  N.  R.  28). 
So  in  a  suit  for  foreclosure,  where  the  plaintiff  consented 
to  a  sale,  and  the  fund  proved  insufficient  to  pay  him  his 
principal,  interest,  and  costs,  the  whole   fund  was  ordered 
Where        to  be  paid  to  him  (Upperton  v.  Harrison,  7  Sim.  444)  ; 
subsequent  .^^^j  SCO   Wonham  V.  Mcichin,  10    Eq.  447;  18  W.   R. 
brancers      1098,     In  Kcncbel  V.  Scrafton,  13  Ves.  370,  it  was  held 
TaaXe.        that  where,  in  a  suit  for  foreclosure,  the   mortgaged  pro- 
perty had  been  sold  with  the  concurrence  of  the  subsC' 


ACTIONS   KELATIKG   TO   MORTGAGES.  225 

qnent  mortgagees,  the  costs  of  all  parties  wore  payable 
out  of  the  proceeds  in  priority  to  the  principal  and  inte- 
rest of  the  first  incumbrancer.  But  that  case  has  not 
been  approved  or  followed  in  practice  (per  V.  C.  Wigram, 
Hepivorth  v.  Heslop,  3  Ha.  485)  ;  and  see  Wonham  v. 
Machin,  and  Barnes  v.  Racster,  1  Y.  &  C.  C.  C.  401,  where 
V.  C.  Knight  Bruce  held  that  the  mere  circumstance  of 
there  being  a  decree  for  sale  instead  of  foreclosure  did  not 
primd  facie  change  the  rights  of  the  parties  ;  if  a  decree 
for  sale  was  conceded  on  terms  in  order  to  prevent  the 
operation  of  the  general  rule,  the  terms  must  appear  in 
the  decree  itself.  In  Wonfner  v.  Wright,  2  Sim.  543, 
which  is  often  cited  on  this  point,  the  mortgagee  had  lost 
his  deeds,  as  to  which  see  2^ost,  p.  228.  In  Cidfiehl  v.  Where 
Richards,  26  Beav.  241,  where  the  plaintiff  being  a  mort-  seeks  forc- 
gagee  of  a  term  only  filed  a  bill  for  foreclosure  or  sale,  closure  or 

sale. 

and  by  consent  the  fee  simple  was  sold  in  the  suit,  he  was 
held  entitled  to  his  costs  in  priority  to  other  parties. 
"A  mortgagee,  by  amending  his  pleadings  and  consenting 
to  a  sale  of  the  estate  instead  of  insisting  upon  his  original 
claim  to  foreclose,  does  not  forfeit  his  right  to  his  costs 
in  priority  to  the  costs  of  the  sale ;  and,  until  his  claim  is 
satisfied,  nothing  can  be  taken  from  the  estate  by  the 
mortgagor  or  subsequent  incumbrancers  "  (Set.  p.  1061  ; 
and  see  Cook  v.  Hart,  12  Eq.  459).  In  Macrae  v.  Eller- 
fon,  C)  W.  R.  851,  where  the  bill  prayed  foreclosure  or 
sale,  the  plaintiffs  being  legal  mortgagees  with  a  power  of 
sale  as  to  part  and  equitable  mortgagees  by  agreement  as 
to  other  part  of  the  mortgaged  property,  V.  C.  Stuart  held 
that  the  real  and  personal  rej)resentatiyes  of  the  mort- 
gagor were  entitled  to  costs,  as  between  solicitor  and 
client,  out  of  the  proceeds  of  sale  of  the  property  in 
priority  to  the  plaintiffs'  principal  and  interest.  His 
Honour  placed  much  reliance  on  the  circumstance  that 
the  plaintiffs  had  ineffectually  attempted  to  sell  without 
the  concurrence  of  the  mortgagors'  representatives.  V.  C. 
Stuart  followed   his  own  decision  in  FiiUer  v.  Morgan, 

Q 


226 


COSTS   IN   PARTTCT-LATl    Af'TTONS. 


Where 
legal 

mortgagee 
seeks  a 
sale  onlv. 


Or  avails 
himself  of 
a  trust 
for  sale 
of  the 
equity  of 
redemp- 
tion. 


Right 
of  an 
equitable 
mortgagee 
to  sale  or 
fore- 
closure. 


unreported,  Set.  380,  8rd  ed. ;  Init  it  Avas  disapproved 
of  by  V.  C.  Kindersley  in  Wade  v.  Ward,  4  Drew.  602, 
and  forms  an  exception  to  the  general  rule ;  see  Cool-  v. 
Hart,  12  Eq.  459.  Where  a  legal  mortgagee  with  a 
power  of  sale  filed  a  bill  for  a  sale,  it  was  formerly  held 
that  the  subsequent  incumbrancer  and  mortgagor  con- 
curring in  the  sale  were  entitled  to  costs  in  priority  to  the 
plaintiii's  principal  and  interest  {Cooke  v.  Broivn,  4  Y. 
&  C.  227;  Alston  v.  Parker,  5  L.  J.  Ch.  3).  But  in 
Hatton  V.  Sealy,  G  W.  R.  350,  a  decree  was  made  for  sale 
and  payment  of  the  plaintiff's  principal,  interest,  and 
costs  out  of  the  proceeds,  on  the  apparent  grounds  that 
the  mortgagee  had  a  right  to  have  the  trust  of  the  pur- 
chase monies  administered  by  the  Court.  Where  the 
mortgaged  property  had  been  sold  by  the  first  mortgagee 
under  his  power  of  sale,  and  the  second  mortgagee  filed  a 
bill  for  an  account,  the  first  mortgagee  was  expressly 
charged  as  a  trustee  {Tanner  v.  Heard,  23  Beav.  555). 
But  where  the  eijuity  of  redemption  was  settled  in  trust 
for  sale  to  pay  off  the  mortgage  and  then  hold  the  surplus 
upon  certain  trusts,  and  a  judgment  creditor  of  the  mort- 
gagee filed  a  bill  to  charge  the  mortgagee's  interest  under 
the  deed,  it  was  held  that  the  trustees  were  entitled  to 
their  costs  in  the  first  instance  {Clare  v.  Wood,  4  Ha.  81)  ; 
and  this  seems  to  have  been  the  point  decided  in  Si  f  ken 
v.  Davis,  Kay,  app.  xxi.,  though  the  report  is  not  very 
intelligible. 

There  has  been  considerable  difference  of  opinion 
whether  the  strict  right  of  an  equitable  mortgagee  by 
deposit  is  to  foreclosure  or  sale ;  see  the  cases  collected  in 
Tuckleij  V.  Thompson,  1  J.  &  H.  126,  where  V.  C.  Wood 
inclined  to  the  opinion  that  a  sale  was  the  proper  remedy. 
But  it  seems  that  the  balance  of  authority,  at  least  as 
respects  the  more  recent  cases,  is  clearly  in  favour  of  fore- 
closure ;  see  Fryce  v.  Bury,  16  Eq.  153  n.  ;  2  W.  R.  216 ; 
2  Drew.  41  ;  18  Jm\  967;  Cox  v.  Toole,  20  Beav.  145; 
and  the  cases  cited  ante,  p.  198.     An  equitable  mortgagee 


ACTIONS   RELATING   TO   MORTGAGES.  227 

seems  to  be  in  the  same  position  with  respect  to  costs 
as  a  legal  mortgagee ;  see  Lewis  v.  John,  9  Sim.  366  ; 
and  Wa<h  v.  Ward,  4  Drew.  602,  where  the  Court  di- 
rected a  sale,  and  held  that  the  plaintiff  was  entitled  to 
his  principal,  interest,  and  costs  in  priority  to  the  infant 
heir  of  the  mortgagor.  In  Tvcldey  v.  TJwmpson,  1  J.  & 
H.  126  (but  see  S.  C.  on  app.  29  L.  J.  Ch.  548),  an  equi- 
table mortgagee  filed  a  bill  to  realise  his  security  by  sale 
and  prove  against  the  mortgagor's  estate  for  the  balance, 
and  V.  C.  Wood  gave  him  his  costs  in  priority  to  all 
other  claims,  because  by  seeking  only  to  prove  for  the 
balance  against  the  estate  he  was  asking  less  than  his 
just  rights  ;  but  the  Vice  Chancellor,  following  his  own 
decision  in  Bevry  v.  HehhletJnuaite  (4  K.  &  J.  80),  thought 
the  costs  of  the  actual  sale  should  come  out  of  the  pro- 
ceeds of  the  mortgaged  estate. 

As  to  the  costs  of  a  mortgagee  instituting  or  adopting 
an  administration  suit,  see  ante,  p.  196. 

The  Court  will  not,  on  light  grounds,  deprive  a  mort-  Excep- 
gagee  of   his  costs  or   make    him    pay  costs  {Loftus   v.  tio"^  t,o 
Sivift,  2    Sch.   &  L.    642 ;    DetUlin    v.     Gale,    7    Ves.  mortgagee 
583);    but   will   do  so  in  a  proper  case.     A   mortgagee  [.^^^.g "" 
resisting  the  right  to  redeem,  and  relying  on  the  trans-  i.  whero 
action  as  an  absolute  purchase,  was  allowed  no  costs  in  ^°  resists 

the  right 

Sevier  v.  Greenvxi.y,  19  Ves.  413;  Lav:ley  v.  iToopc?',  to  redeem. 
3  Atk.  278  ;  and  had  to  pay  the  whole  costs  in  Baker 
V.  Wind,  ]  Ves.  Sen.  160 ;  England  v.  Godrington, 
1  Eden,  169  ;  and  see  National  Bank  of  Australasia 
V.  United,  d-c,  Co.,  4  App.  Cas.  391 ;  Graham  v.  Horn, 
W.  N.  (1866),  166.  In  Harvey  v.  Tehbutf,  1  Jac.  &  W. 
197,  where  the  mortgagee  relied  on  a  foreclosure  decree 
which  had  been  collusivoly  obtained,  he  had  to  pay  only 
so  much  of  the  costs  as  were  thereby  occasioned,  which 
were  set  off  against  the  money  payable  by  the  plaintiff; 
and  so  in  Perkins  v.  Bradley,  1  Ha.  219  ;  Wheaton  v. 
Graham,  24  Beav.  483,  where  the  right  to  redeem  was 
disputed  ;  and  see  Credland  v.  Potter,  10  Ch.  8  ;  44  L.  J. 

Q  2 


228  COSTS    IN   PAniKfLAR    ACTIONS. 

Ch.  169;  23  W.  K  36;  31  L.  T.  522;  Tomlinson  v. 
Gregg,  15  W.  R.  51  ;  W.  N.  (1866),  339  ;  Shannon  v. 
Casey,  Jr.  R.  8  Eq.  307.  In  Cowdry  v.  Day,  5  Jur.  N.  S. 
1199,  the  defendant  resisted  the  right  to  redeem  ;  but  as 
the  bill  contained  injurious  charges  struck  out  by  amend- 
ment, the  usual  decree  was  made.  In  Wicks  v.  Scrivens, 
1  J.  &  H.  215,  where  the  equity  of  redemption  was 
in  settlement,  and  the  mortgagees  had  refused  to  be  re- 
deemed by  the  tenant  for  life,  they  had.  no  costs  up  to 
the  hearing,  but  did  not  pay  costs,  as  the  tenant  for  life 
had  the  advantage  of  liaving  the  account  taken  in  the 
presence  of  the  trustees  of  tiie  settlement.  Where  the 
question  -whetlier  the  estate  was  redeemable  or  not  in- 
volved a  difficult  point  of  real  property  law,  the  decree 
was  made  without  costs  {KirlJiam  v.  Smith,  1  Yes.  258). 
Wlicrc  ,  As  between  two  mortgagees  when  the  question  in  dis- 
qiiestion  oi  P"te  is  as  to  their  respective  priorities,  the  one  in  whose 
priorities  ^  favour  the  Court  decides  is  entitled  to  his  costs  from  the 

between      :  i        •  i  o  ^ 

two  mort-    other  one,  the  latter  not  havmg  them  over  irom  the  mort- 
giges.      I  gagor  (Mocatta  v.  Murgatroyd,  1   P.  W.  392;  and  see 
]  Banks  V.  Whittall,  1  De  G.  &  S.  536  ;  Hiorns  v.  Uoltom, 
16  Jur.  1077);  but  where  the  question  had  arisen  from  the 
j  acts  and  conduct  of  the  mortgagor  himself,  the  plaintiff  fail- 
ing, was  allowed  the  costs  over  {Pclly  v.  Wathen,  7  Ha.  351). 
ii.  Where        A  mortgagee  who  had  lost  some  of  the  title  deeds  had 
gagee  lias    ^'^^  P^J  ^^^^  costs  of  a  foreclosure  suit  in  Sfulve  v.  Rohson, 
lost  his       ly  Ves.  385  ;  Shelmardine  v.  Hairop,  0  Mad.  39  ;  so  of 

deeds.  .  .  ,  ,  r~>- 

a  redemption  suit  (Lord  Midldoii  v.  Eliot,  15  Sim.  531). 

In  the  case  last  cited  the  mortgagee  had  refused  to  give 
any  indemnity  for  the  loss  of  the  deeds.  AVliere  a  mort- 
gagee, who  had  lost  his  deeds,  came  to  the  Court  for  a 
sale,  the  subsequent  incumbrancers  were  allowed  their 
costs  out  of  the  proceeds,  though  insufficient  to  pay  the 
plaintiff's  debt  {Wontner  v.  Wright,  2  Sim.  543).  "Where 
the  mortgagees'  solicitor,  to  whom  the  deeds  had  been 
delivered,  fraudulently  deposited  the  most  important  of 
them  with  a  stranger  to  secure  a  debt  of  his  own,  the 


ACTIONtS   EELATING   TO    MORTGAGES.  229 

mortgagees  had  to  Lear  all  the  costs  of  the  consequent 
proceedings  by  tlie  mortgagor  to  assert  his  title  (James  v. 
RuDuej,  11  Ch.  D.  39»  ;  48  L.  J.  Ch.  :3-15  ;  27  W.  R 
617)  ;  but  no  compensation  Avas  allowed  for  the  loss  of 
the  deed.  In  Hornby  v.  Matcham,  16  Sim.  325,  where 
the  mortgagee  had  destroyed  the  deeds  in  a  fit  of  insanity, 
a  decree  for  redemption  was  made  on  payment  of  prin- 
cipal and  interest  only,  the  amount  of  compensation  for 
the  loss  of  the  deeds  to  be  set  off  against  what  was  found 
due  on  the  mortgage  ;  and  see  Broivn  v.  SeiceU,  11  Ha. 
41).  However,  V.  C.  Knight  Bruce  said  (in  Woodman  v. 
Higfjlns,  14  Jur.  846)  that  a  mortgagee  who  took  the 
same  care  of  the  deeds  forming  his  security  as  of  his  own, 
ought  not  to  be  hardly  dealt  Avith  ;  and  the  deeds  having 
been  found,  he  made  a  decree  for  redemption  on  payment 
of  principal  and  costs,  the  defendant  waiving  his  claim  for 
compensation,  and  electing  to  have  interest  stopped  from 
the  date  of  his  tender. 

On  the   simple  fact  that   something   was   due  to  the  i'ii.  Wlicre 
mortfra<:^cc    when   the   mortgatjor   came    to   redeem,   the       ™°^*'" 

o   o  ^  o   o  >  gagee  is 

mortgagee  is  entitled  to  the  costs  of  the  suit,  though  he  ovei-paid. 
is  in  possession  and  the  account  is  directed  with  annual 
rests  {Barlow  v.  Gains,  23  Beav.  244);  but  if  the  mort- 
gagor alleges,  and  proves,  that  nothing  was  due  when  the 
action,  whether  for  redemption  or  foreclosure,  was  brought, 
the  mortgagee  must  pay  the  costs  {ibid.;  and  see  Bin - 
nington  v.  Harwood,  T.  &  R.  477  ;  Wilson  v.  Cliier,  4 
Beav.  214  ;  Archdeacon  v.  Boives,  M'Clel.  149,  167; 
O'Neill  V.  Inaes,  15  Ir.  Cli.  R.  527).  Where  over- 
payment is  alleged,  the  usual  course  is  to  reserve  the 
costs  until  the  result  of  the  account  is  certified.  After  a 
decree  for  redemption  on  payment  of  principal,  interest,  / 
and  costs  without  any  reservation,  it  was  hold  that  the 
Court  could  not  deprive  the  mortgagee  of  his  costs, 
although  it  turned  out  that  he  was  overpaid  {Lord  Trim- 
leston  v.  Hamill,  1  B.  &  B.  377 ;  and  see  Gilbert  v. 
Golding,  2  Anstr.  442).     Where  the  defendant  by  answer 


230 


COSTS  IN  pai;ticulae  actions. 


iv.  Where 
principal, 
interest, 
and  costs 
have  Leon 
tendered. 


claimed  a  balance  due  to  him,  and  by  the  accoimt.s  it 
aj)pcared  that  a  sum  was  due  to  him  Avheii  the  bill  was 
filed,  but  he  was  overjDaid  when  the  answer  was  put  in,  he 
■svas  allowed  the  costs  up  to  putting  in  his  answer  but  no 
subsequent  costs  {Montgomcria  v.  Calland,  14  Sim.  7D); 
but  in  Snagg  v.  Frizell,  3  J.  &  L.  385,  his  conduct  having 
been  vexatious,  he  had  to  pay  the  costs  suUsequent  to 
answer.  If  a  mortgagee  in  possession  refuses  to  account, 
he  must  pay  the  costs  of  the  suit  up  to  the  hearing 
{Poivell  V.  Tmiter,  1  Dr.  c^  S.  388). 

The  general  principles  Avitli  regard  to  the  effect  of 
tender  on  the  costs  of  the  suit  have  been  stated,  ante, 
p.  102.  In  addition  to  the  cases  there  cited,  see  as  to 
tender  between  mortgagor  and  mortgagee,  Shuttlev.'orth 

V.  Lovjther,  7  Ves.  oSO ; v.  Trecvthich,  2  V.  &  B. 

181;  Williams  v.  Sorrell,4'  Ves.  38!);  Huberts  v.  Willioms, 
4  Ha.  129;  Mvrhg  v.  Bridges,  2  Coll.  021;  Lylew  Scarlh, 
W.  N.  (1874),  62,  82;. Lewis  v.  Wchhrr,  W.  N.  (187G), 
187.  In  Harmer  v.  Priestley,  10  Beav.  aOU,  where  an 
unconditional  tender  of  a  certain  sum  had  been  made 
before  suit,  a  decree  was  made  for  an  account  at  the  date 
of  the  tender,  and  directions  were  given  that  if  the 
amount  found  due  should  not  exceed  the  amount  tendered, 
the  mortgagee  should  pay  the  costs ;  but  if  otherwise,  the 
usual  decree  should  be  made.  But  in  Thomas  v.  Cooper, 
18  Jur.  688,  where  the  plaintiff  claimed  more  and  the 
defendant  offered  loss  than  was  ultimately  found  due, 
V.  C.  Stuart  gave  no  costs.  There  were  other  points  in 
that  case,  which,  perhaps,  might  take  it  out  of  the  general 
rule,  Avhich  is  very  precise,  that  in  the  absence  of  a  tender 
of  the  whole  amount  due  to  him  the  mortgagee  is  entitled 
to  his  costs  of  suit,  although  he  demands  more  than  is 
due  {Loftus  v.  Swift,  2  Sch.  &  L.  642).  "There  are 
several  cases  of  foreclosure  in  which,  though  very  reason- 
able proposals  may  be  made,  yet,  if  there  is  no  proof  of  an 
actual  tender,  the  Court,  on  a  bill  to  foreclose,  never 
refuses  costs  "  {yer  Lord  Hardwicke,  Gammon  v.  Stone,  1 


ACTIONS  HELATING  TO  MORTGAGES.        231 

Ves.  339).  If  the  tender  is  not  snch  as  would,  according  What  is 
to  the  rule  of  the  Court,  stop  interest,  it  will  not  deprive  teiuier''* 
the  mortgagee  of  his  costs  (Garforfh  v.  Bradley,  2  Ves. 
678).  A  notice  by  second  mortgagee  of  his  intention  to 
redeem  will  not  save  the  costs  of  a  foreclosure  suit  by  the 
first  mortgagee  up  to  the  time  when  an  actual  tender  is 
made  (Smith  v.  Green,  1  Coll.  .555).  In  Hodges  v. 
Croydon  Camd  Co.,  3  Beav.  86,  where  the  question  in  the 
suit  was  as  to  the  number  of  years  for  which  arrears  of 
interest  could  be  claimed,  the  mortgagor,  though  ho 
succeeded  in  reducing  the  amount  to  six  years,  had  to  pay 
the  whole  costs  because  no  actual  tender  had  been  made. 
But  a  mortgagee  may  reasonably  refuse  a  tender,  if,  at 
the  same  time,  a  deed  of  reconveyance  containing  cove- 
nants is  presented  to  him  for  his  immediate  execution, 
and  such  refusal  will  not  stop  interest  or  deprive  him  of 
costs  (Wilhhire  v.  Smith,  3  Atk.  89).  A  tender,  even 
after  the  account  has  been  taken  under  the  decree,  will 
save  the  subsequent  costs  (Sentance  v.  Porter,  7  Ha. 
426)  ;  and  the  tender  may  be  proved  on  motion,  or  by 
petition  at  the  hearing  on  further  consideration  (ihid.). 
In  Clif  v.  Wodsvorlh,  2  Y.  ct  C.  C.  C.  598,  where  a 
mortgage  was  vested  in  three  trustees,  an  innocent  trustee 
got  his  costs ;  a  second  who  had  omitted  to  attend  per- 
sonally at  the  time  and  place  appointed  for  settlement  got 
no  costs  ;  a  third,  who  by  an  untenable  claim  to  the 
interest  beneficially  had  prevented  the  settlement,  had  to 
pay  the  plaintiff's  and  the  innocent  trustee's  costs.  As  to 
dismissal  of  a  foreclosure  action  by  the  defendant  on  pay- 
ment of  principal,  interest,  and  costs  before  the  hearing, 
see  ante,  pp.  84,  85. 

A  mortgagee  may  also  lose  his  costs  of  a  redemption  v.  Vexa- 
suit,  or  a  part  of  them,  by  vexatious  conduct ;  see  DeiUlin  fraudulent 
V.  G(de,  7  Ves.  583,  where  the  defendant  was  a  solicitor  o}'  oppres- 
and  agent  Avho  took  a  mortgage  for  sums  due  to  him  with-  duct. 
out  any  .settlement   of  accounts,  and    having  put  every 
impcdimcut  in  the  way  of  the  account  being  taken  in  the 


282  COSTS    IN    rAliTICULAU    ACTIOKS. 

Master's  office,  had  to  pay  the  costs  of  those  pj-oceedings 
and  got  costs  down  to  the  ans\Yer  only.  And  so  where 
the  plaintiff  seeks  to  be  relieved  against  the  mortgagee's 
fraudulent  or  oppressive  conduct,  on  payment  of  the 
amount  fairly  owing  ;  see  Mijronij  v.  O'Dea,  1  B.  &  B. 
109,  where  the  defendant  had  no  costs ;  ThornkUl  v. 
Evans,  2  Atk.  330;  Cochell  v.  Taylor,  15  Beav.  103, 
where  the  mortgagee  paid  costs  up  to  the  hearing.  In 
the  case  last  cited  it  was  held  that  an  innocent  equitable 
sub-mortgagee  had  no  equity  ogainst  the  plaintiflf,  and  a 
defendant  in  that  position  had  to  pay  the  costs  of  insist- 
ing on  his  security.  But  tlie  right  of  the  mortgagee  to 
costs  rests  substantially  upon  contract,  and  can  only  be 
lost  or  curtailed  by  such  inequitable  conduct  on  his  part 
as  amounts  to  a  violation  or  culpable  neglect  of  his  duty 
under  the  contract;  see  Cvttcrcll  v.  »SY/'affo7i,  8  Ch.  29.5, 
i^v^i-^^v'  Wci^c^cf-u  where  the  principle  is  laid  down  by  Lord  Selbornc,  L.C. 
wK.(i>»v:2\<,7.  ir^  Rider  v.  Jones,  2  Y.  .1-  C.  C.  C.  32<S,  the  mortgagei,' 
was  insolvent,  and  as  he  would  have  paid  costs  if  solvent, 
neither  he  nor  his  assignee  got  any  costs.  And  see  the 
other  cases  collected  in  1  Hov.  Supp.  355,  and  tlie  notes 
to  Harvey  v.  Tehhutt,  1  J.  &  W.  197  ;  and  as  to  suits  to 
set  aside  securities  on  reversionary  interests,  see  2"^'^^> 
sec.  XL  Where,  however,  the  mortgagor  unsuccessfully 
impeaches  a  security,  it  is  almost  of  course  that  he  should 
pay  costs  {Taner  v.  Ivle,  2  Ves.  4G7). 
The  mort-  The  mortgagee  must  not  introduce  extraneous  or  im- 
noMmt  the  pi'opci"  uiattcrs  iuto  a  foreclosure  action.  Therefore,  where 
mortgagor  the  plaintiff,  by  amendment,  changed  his  bill  from  one  for 
necessary  an  account  against  a  bailiff  into  a  foreclosure  bill  after  an 
expenses      issue  finding  that  he  was  a  mortiracfee,  he  was  allowed 

by  his  °  ^  .    . 

action.  costs  Only  as  if  the  bill  had  originally  been  one  for  fore- 
closure (Smith  V.  S7nitJi,  G.  Coop.  141).  The  devisee  of 
a  mortgagee,  plaintiff  in  a  foreclosure  suit,  will  not  be 
allowed  the  costs  of  the  heir  at  law  made  a  party  to 
establish  the  will  against  him  (Skipj)  v.  Wyatf,  1  Cox, 
353).     So  where  the  plaintiff  attempted  to  tack  a  bund 


.   ACTIONS  RELATING  TO  MORTGAGES.        233 

to  his  mortgage  debt,  his  bill  was  dismissed  with  costs  to 
this  extent  {Hamcvton  v.  Rogers,  1  Ves.  Junr.  513)  ;  and 
in  a  suit  to  establish  a  mortgage,  the  plaintift'  had  his 
costs  generally,  but  had  to  pay  the  costs  of  unproven 
charges  of  fraud  against  his  co-trustee  who  was  made  a 
defendant  {Wed  v.  Junes,  1  Sim.  N.  S  205)  ;  and  the 
plaintiff  must  pay  the  costs  of  defendants  not  necessary 
parties  {Coles  v.  Forrest,  10  Beav.  552).  But  the  mort- 
gagor's trustee  to  bar  dower  is  a  proper  party  to  a  fore- 
closure suit,  and  will  not  be  allowed  any  costs  from  the 
plaintiff  {Hoirocks  v.  Ledsam,  2  Coll.  208).  The  plain-  Costs  of 
tiff  was  held  entitled  to  add  to  his  own  costs  the  costs  of  gagee's 
a  trustee  of  a  term  for  better  securing  the  plaintiff",  made  trustee. 
defendant  to  the  bill  {Broivne  v.  Lockhart,  10  Sim.  420  ; 
and  see  BartJe  v.  Wdhln,  8  Sim.  238).  And  where  one  of 
two  mortgagees  filed  a  bill  for  foreclosure  and  made  the 
other  one  a  defendant,  the  decree  directed  foreclosure  on 
default  in  payment  of  the  whole  debt  and  the  costs  of  both 
mortgagees  {Davenport  v.  James,  7  Ha.  249).  But  should 
not  the  trustee  and  co-mortgagee  in  these  cases  have  been 
co-plaintiffs,  and  ought  tlie  mortgagor  to  ])far  the  extra 
expense  occasioned  by  their  being  defendants  ?  The 
practical  effect  of  the  decisions  seems  to  be,  to  throw  on 
the  mortgagor  the  onus  of  proving  the  willingness  of  the 
defendant  to  have  joined  as  plaintiff'  if  he  had  been  asked 
(see  ante,  p.  120).  As  to  the  costs  of  persons  made  de- 
fendants to  a  foreclosure  action  and  disclaiming,  see  ante, 
pp.  114, 115,  seq.  In  a  suit  by  a  tenant  for  life  to  redeem 
a  mortgage  on  the  inheritance  the  plaintiff"  paid  the  costs  of 
the  remaindermen  made  defendants,  with  liberty  to  add 
them  to  his  own  {RUeu  v.  Croydon,  5  N.  R.  160;  13  W. 
R.  223;  11  L.  T.  5!)1). 

The  mortgagor,  in  a  redemption   action,  must  pay  the  Where 
costs  of  all  persons  claiming  an  interest  in  the  equity  of  i"i,^' as-°^° 
redemption   under  tlie  mortgagee  (WetJierell  v.  Collins,  3  signeil 

nctorc 

Mad.  255) ;  "  up(m    this  principle, — that  at   law,  after  a  action. 
mortgage  is  forfeited,  the  estate  is  the  absolute  property  of 


2o4  COSTS  IN  rAirncuLAR  actions. 

the  mortgagee,  and  he  may  deal  with  it  as  his  own  ;  and 
that  if  the  mortgagor  comes  for  tl»e  redemption  which  the 
equity  of  this  Court  gives  him,  it  must  he  upon  the  terms 
of  indemnifying  the  mortgagee  from  all  costs  arising  out  of 
his  legal  acts"  (ihlJ.).  This  reasoning  applies  as  well  to  a 
foreclosure  suit  {Bartle  v.  Wilkin,  8  Sim.  238;  Bennett 
\.  Partridge,  W.  N.  (1877),  1G5);  and,  therefore,  where 
the  mortgagee  had  put  the  mortgage  into  settlement,  and 
the  cestui  que  trust  filed  a  bill  and  made  the  trustee  a 
defendant,  the  plaintiff  was  held  entitled  to  add  the 
trustee's  costs  to  his  own  {Bartle  v.  Wilkin).  Any  number 
of  sub-mortgngees  will  be  entitled  in  a  foreclosure  suit  by 
the  original  mortgagee  to  their  costs  from  iiim,  and  he 
will  have  them  over  with  his  own  (Smifli  v.  Cldchestcr,  2 
Dr.  &  W.  'iOo).  So  if  the  mortgage  becomes  divided  in 
various  shares  {Cane  v.  Brouitrigg,  2  Ir.  E{{.  11.  41o). 
And  it  has  even  been  held  that  the  mortgagor  must 
pay  all  the  costs  of  a  redemption  suit,  where  the 
right  to  receive  the  mortgage  money  was  in  dispute 
between  two  defendants  {Drew  v.  Harman,  .'>  Pr. 
319). 
Costs  On  the  same  principle,  an  application  to  have  out  of 

respectin*'    ^'^"-^it  deeds  relating  to  mortgages  become  absolute  at  law, 
the  niort-    properly  deposited  in  the  course  of  an  administration  suit, 
'°         '    was  at  the  costs  of  the  mortgagor  {Burden  v,  Oldakcr,  1 
Coll.  105).     But  where  the  mortgage  has   been  assigned 
Avith  other  property  by  one  deed,  the  mortgagor  redeem- 
ing is  entitled  to  the  deed  on  entering  into  a  covenant  for 
the  production  of  it  at  the  costs  of  the  mortgagee  {Capj)er 
v.  Terrington,  1  Coll.   103  :  13  L.  J.  Ch.  231));  or  if  the 
mortgagees  are   allowed  to  retain  it,  they  must  give  an 
attested   copy  and   covenant  for  its  production    at    their 
own  expense  {Bubson  v.  Land,  4  De  G.  &  S.  .57o). 
Assign-  But  if  the  mortgagee  assigns  after  decree,  or,  it  seems, 

pendente     ^^  '"^"^  ^^^^^  pending  the  suit  {Coles  v.  Forrest,  10  Beav. 
fite  ;  oo2),  and   his  assignees  are  brought   before    the    Court, 

Di'  ti  tcr 

({cprqe.       ^"^J  i^^^i^t  bear  the  extra  costs  thereby  occasioned  {Barry 


ACTIOKS   EELATIKG   TO   MORTGAGES.  235 

V.  Wrey,  3  Russ.  465  ;  James  v.  Hanlivg,  24  L.  J.  Cb. 
749;  Coles  v.  Forrest,  10  Beav.  552).  And  where,  a 
decree  for  redemption  and  foreclosure  having  been  ob- 
tained in  a  former  suit  by  a  second  mortgagee,  one  of 
the  subsequent  incumbrancers  sub-mortgaged,  and  the 
sub-mortgagee  filed  a  bill  to  redeem  all  prior  to  him- 
self, the  bill  was  dismissed  with  costs  as  against  all  the 
defendants,  except  the  plaintiff's  transferor,  against 
whom  a  decree  for  foreclosure  was  made  in  default  of 
his  paying  principal  and  interest  and  the  plaintiff's 
costs,  including  what  he  should  pay  to  the  other  defen- 
dants (Booth  V.  Cresivicke,  8  Sim.  352).  However,  in 
Mhy  V.  Sclhy,  2  Jur.  106,  where  a  tenant  for  life  paid 
off  charges  on  the  inheritance  and  then  filed  a  bill  to 
have  them  raised,  he  was  held  entitled  to  his  costs  of 
assigning  the  charges  after  decree,  on  the  grounds  that 
the  suit  was  in  the  nature  of  a  family  suit.  The  first 
mortgagee,  plaintiff  in  a  foreclosure  suit,  is  entitled  to 
the  costs  of  taking  a  transfer  pending  the  suit  of  a  second 
mortgage  {Coles  v.  Forrest,  10  Bcav.  552). 

But  where  the  interest  on  a  mortgage  is  regularly  paid,  Costs  on 
and  the  mortgagor  is  never  called  on  to  pay  the  prnicipal,  „f  ,„o,t. 
the  costs  of  a  transfer  of  the  mortgage  will  not  be  allowed  S'^t't;«- 
against  the  mortgagor,  if  made  without  his  concuricnce 
(Be  BadcUffe,  22  Beav.  201)  ;  or  a /orf/ori  iiga in st  mesne 
incumbrancers.  A  mortgagee  is  not  bound  to  transfer  his 
mortgage  to  a  nominee  of  the  mortgagor  after  payment, 
if  he  have  notice  of  an  equitable  claim  on  the  estate  by 
another  person  ;  and  having  agreed  to  transfer  on  the  re- 
presentation that  he  was  bound  to  do  so,  and  having  after- 
wards refused,  he  was  allo^v'ed  against  the  mortgagor  and 
his  nominee  the  costs  of  a  suit  to  compel  such  transfer 
{Banks  v.  Whittal/,  1  De  G.  &  S.  p.  541).  The  mortgagor 
is  not  liable  for  the  costs  incurred  by  the  mortgagee's 
solicitors  in  an  abortive  negotiation  fur  a  transfer  of  the 
security  (Edwards  v.  Smith,  W.  N.  (1869),  24). 

"  The   Court,  in  settling  accounts  between  mortgagor  wiiat  ex. 

penscs  aHj 


236 


COSTS   IN   PARTICULAR   ACTIONS. 


allowed  to   ^^^'^  mortgagee  will  give  the  latter  all   that  his  contract, 
inortgagee   ^j^.  i\^q  legral  and  oouitablo  conseuuences  of  it,  entitle  him 

in  settling  •  i      ,,     ,  ,     • 

accounts,  to  receive,  and  all  the  costs  properly  incurred  m  ascertain- 
ing or  defending  such  rights,  whether  at  law  or  in  equity  " 
(per  Lord  Cottenham,  C,  Dryden  v.  Frost,  3  My.  &  C. 
670,  675)  ;  or  in  recovering  the  mortgage  money  (Lllisoit 
V.  Wright,  o  Russ,  458;  but  see  Merrimnn  v.  Bonnei/, 
12  W.  R.  461).  And  the  same  rule  applies  in  the  case  of 
a  person  substantially  in  the  position  of  a  mortgagee  (hi 
re  Bio  Grande  do  Sid  Steamship  Co.,  5  Cli.  1).  2(S2 ;  46 
L.  J.  Ch.  277  ;  2o  W.  R.  828  ;  ;3(J  L.  T.  603) ;  and  to 
the  costs  of  a  successful  appeal  (Addison  v.  Coj-,  8  Ch. 
76).  In  Hunt  v.  Fovncs,  9  Ves.  70,  the  mortgagee  was 
allowed  the  costs  of  taking  out  administration,  in  the 
course  of  the  suit,  to  an  annuitant  under  the  mortgagor's 
will,  the  annuity  being  in  arrear  at  her  death  ;  and  see 
Costa  Rica.  V.  Strousherg,  W.  N.  (1880),  155.  And  the 
costs  of  taking  out  administration  to  the  morts:a<jor  will 
be  allowed  {Ramsden  v.  Langleg,  2  Vern.  536);  but  not 
if  before  suit  and  the  bill  did  not  state  such  costs  to 
have  been  incurred  (Want  v.  Barton,  11  Sim.  534; 
Millard  v.  Magor,  3  Mad.  433).  On  a  bill  by  the  mort- 
gagor's heir  to  redeem,  the  mortgagee  was  allowed  the 
full  expenses  of  an  action  at  law  brought  by  the  heir 
alleging  an  entail  (Ramsden  v.  Langlen,  2  Vern.  53(5).  But 
the  mortgagee  Avill  be  entitled  to  the  costs  of  defending 
his  title  to  the  mortgage  only  as  against  such  of  the 
persons  entitled  to  the  equity  of  redemption  as  concurred 
in  the  litigation  (Parl-er  v.  Watlins,  Johns.  133).  In  the 
case  last  cited,  the  equity  of  redemption  being  in  settle- 
ment, a  decree  was  made  for  redemption  by  the  tenant  for 
life  on  payment  of  principal,  interest,  and  costs,  including 
the  costs  of  an  action  by  him,  but  as  against  the  remain- 
dermen the  usual  costs  only  were  allowed.  But  the  mort- 
gagee is  entitled  to  add  to  his  security  the  costs  of 
defending  the  title  to  the  estate  against  strangers,  that 
being  in  the  interest  of  all  parties  (Godfreg  v.  Watson, 


Costs  of 
actions 
at  law 
against, 


ACTIONS    RELATING    TO    MORTGAGES.  2B7 

3  Atk.  517;  Parker  Y.  Wafklns).  A  party  iu  the  posi- 
tion of  a  mortgacree,  defending  an  action  on  a  bill  of  ex- 
change on  which  he  was  clearly  liable,  was  only  allowed 
6s.  Sd.  costs  {In  re  Rio  Grande  do  Sul  Steamiship  Co., 
5  Ch.  D.  282;  25  W.  R.  328).  The  costs  of  an  action  of  or  by 
ejectment  by  the .  mortgagee  to  recover  the  mortgaged  °'° 
premises,  the  interest  being  in  arrear,  will  be  allowed 
{Sandon  v.  Hooper,  6  Beav.  2-16 ;  and  see  Horloch  v. 
Smith,  1  Coll.  298,  where  the  principle  was  recognised, 
tliough  the  Court,  being  bound  by  a  former  decree,  re- 
fused to  allow  the  costs).  In  Blackford  v,  Davis,  4  Ch. 
304  (where  the  mortgage  deed  provided  that  it  should  be 
a  security  for  all  costs  incurred  by  the  mortgagee  in 
selling  the  property,  or  in  any  actions  or  suits  relating  to 
it),  the  mortgagee  was  held  entitled  to  the  costs  of  ac- 
tions by  and  against  himself  as  "just  allowances." 
In  Ellison  v.  W rigid,  3  Russ.  458,  the  mortgagee  was 
held  entitled  to  the  costs  of  an  action  against  a  surety 
who  had  joined  the  mortgagor  in  a  bond,  the  surety 
having  proved  insolvent ;  but  in  Lewis  v.  John,  9  Sim. 
366,  the  mortgagee  was  not  allowed,  as  against  the 
devisees  of  the  mortgagor,  the  costs  of  proceeding  on 
the  mortgage  bond  against  the  personal  estate.  And  in 
Merriman  v.  Bonney,  12  W.  R,.  401,  it  was  doubted 
whether  the  costs  of  an  action  against  the  morto-ao-or 
on  Ids  covenant  for  payment  of  interest  should  be 
allowed.  Where  the  mortgagee  contracted  to  sell  under 
his  power  of  sale,  and  by  the  advice  of  counsel  filed  a  bill 
for  specific  performance,  Avhich  was  dismissed  with  costs, 
he  was  not  allowed  to  add  his  costs  of  that  suit  to 
his  security  {Peers'  v.  Ceelcj/,  15  Beav.  209).  And  an 
equitable  mortgagee  was  not  allowed  the  costs  of  an 
unsuccessful  defence  to  an  action  at  law  to  recover  the 
mortgaged  premises  {Dry den  v.  Frost,  3  My.  &  Ca.  670). 
The  Court,  on  making  a  foreclosure  decree,  refused  to  give 
the  costs  of  a  cross  suit  to  redeem  which  was  then  pending 
{AnoD.,  Mos.  45).     Where  the  mortgagee  was  a  solicitor,  Costs  of 


S38 


fOSTS  IN   PAnTirrLAT!   Ar'TIOX>5. 


preparing 
the  mort- 
gage deed. 


Other 

costs. 


Inquiry 
as  to 
mort- 
gagee's 
costs,  &c. 
not  of 
cour.se. 


"Just  al- 
lowances." 


Costs  of 
reconvey- 
ance 
generally ; 


it  was  lield  that  the  hill  of  costs  of  his  firm  for  preparing 
the  mortgage  deed  were  not  covered  by  the  security 
{Gre<j<j  V.  tilater,  22  Beav.  314)  ;  and  see  MorIey_JU 
BndQeSj_2i--C^Q^LJ32X,  where  the  mortgagee  had  taken 
£85  out  of  Court  in  an  action  for  the  costs  of  preparing 
the  morto-a^e  deed,  and  having  refused  to  receive  his 
mortgage  money  without  the  full  amount  claimed  for  such 
costs,  had  to  pay  the  costs  of  a  redemption  suit;  Wyatt  v. 
Cook,  W.  N.  (1868),_2:37.  And  where,  after  accounts  had 
becn"taEen  under  a  foreclosure  decree,  the  plaintiffs  in- 
curred costs  in  another  suit  by  prior  incumbrancers  re- 
specting other  property  mortgaged  to  them,  it  was  held 
that  they  coidd  not  on  petition  add  such  costs  to  their 
costs  of  suit  {Barron  v.  Lancejiehl,  17  Beav.  208). 

In  a  proper  case  an  inquiry  will  be  directed  as  to 
costs,  charges,  and  expenses  properly  incurred  in  relation 
to  the  mortgage  security,  but  such  inquiry  is  not  of 
course,  and  some  case  for  it  must  be  made  by  the  plead- 
ings {Merriman  v.  Bonney,  12  W.  R.  4C1  ;  and  see  Ward 
v.  Barton,  11  Sim.  534;  and  Millard  v.  Magor,  3  Mad. 
433). 

By  Cons.  Ord.  XXIII.  r.  10,  "just  allowances"  are  im- 
ported into  every  decree  directing  an  account  without  any 
direction  for  that  purpose  ;  as  to  what  is  included  under 
this  head,  see  Wilkes  v.  Sannion,  7  Ch.  D.  188  ;  47  L.  J. 
Ch.  150,  where  it  was  held  to  include  expenses  incurred 
by  mortgagees  of  a  ship  in  taking  and  holding  possession 
of  it,  advertising  it  for  sale,  and  effecting  insurances ; 
Tipton  Green  Co.  v.  Tipton  Moat  Co.,  7  Ch.  D.  192;  47 
L.  J.  Ch.  152 ;  26  W.  R  348,  where  it  was  held  to  in- 
clude "  necessary  repairs  ; "  and  Bees  v.  Metropolitan 
Board  of  Works,  14  Ch.  D.  372.  As  to  accounts  against 
a  mortgagee  in  possession,  see  generally  Fisher  on  Mort- 
gages, 935  et  seq.;  2  W.  &  T.  L.  C.  1092,  5th  ed. 

The  costs  of  reconveyance  must  be  borne  by  the  mort- 
gagor, eveu  in  a  case  where  the  mortgagee  has  to  pay  the 
costs   of  the   suit    generally    {Lord    Midleton   v.    Eliot, 


AC'TIO^rs    RELATING    TO    ]\tORTGAGRs.  2.S0 

15  Sim.   531;   Wilson  v.   Glmr,  4)  Beav.  214).     So  the  from  infant 
mortgagor  pays  the  costs  of  the  proceedings  necessary  to  ^^^^' 
obtain  a  reconveyance  from  the  infant  heir  of  the  mort- 
gagee  {Ex  ixu'te  Ommaney,  10   L.  J.  Ch.  315;  10  Sim. 
298)  ;  or  from  his  devisees  in   trust,  where  a  petition  is 
necessary  (King  v.   Smith,  6  Ha.  473  ;  18  L.  J.  Ch.  43). 
In  like  manner  in  He  Marrow,  Cr.  &  Ph.  142  ;  10  L.  J.  from 
Ch.  340,  it  was  held  that  the  costs  of    obtainincr    a  re-  ^"""'1*^° 
conveyance  from  a  lunatic  mortgagee,  not  found  so  by  in-  gagee ; 
quisition,  must  be  borne  by  the  mortgagor.     But  in  an 
earlier  case  of  Ex  ixirte  Richards,  1  J.  &  W.  264,  the 
costs  of  the  committee  necessarily  incurred  to  enable  him 
to  convey,  including  the  costs  of  the  reference,  were  given 
out  of  the  lunatic's  estate  ;  and  that  decision  having  been 
acted  on,  has  been  followed  in  preference  to  Re  Marrow, 
though  not  considered  satisfactory  (Re  Toiunsend,  2  Ph. 
348 ;   16  L.  J.  Ch.  456 ;  Re  Thomas,  22  L.  J.  Ch.  858 ; 
1  W.  R.  155  ;  Re  Biddle,  23  L.  J.  Ch.  23  ;  2  W.  R.  50  ; 
Re  Rowley,  1  De  G.  J.  &  S.  417  ;  1  N.  R  251).     This 
rule,  however,  will  not  be  followed  where  the  mort^aoor 
applie.s,  unless  the  committee  has  declined  to  act  {In  re 
Wheeler,  1  De  G.  M.  &  G.  434 ;  21   L.  J.  Ch.  759),  nor 
where  the  mortgagee  appears  on  the  face  of  the  mort- 
gage deed  to  be  a  trustee  only  {Re  Lewes,  1  Mac.  &  G. 
23  ;  1  H.  &  T.  123 ;  Re  Towmend,  1  Mac.  &  G.  686).    In 
that  case  the  mortgagor  pays  the  costs  {ibid.) ;  but  if  the 
mortgagee  is  a  trustee,  but  does   not  appear  to  be  so  in 
the  deed,  the  cestwi  que  trust  pays  the  costs  {Re  Jones,  2 
Ch.  D.  70 ;  45  L.  J.  Ch.  688  ;  24  W.  K.  377  ;  34  L.  T.  470). 
Where  the  committee  makes  the  application,  the  mort- 
gagor should  not  be  served,  and  whether  served  or  not, 
will  not  be  allowed  his  costs  of  appearance  {In  re  Phillijjs, 
4  Ch.  629  ;  17   W.   R.   904).     The  Court   has  no  juris- 
diction to  order  the  costs  of  a  vjstiug  order  occasioned  by 
the  lunacy  of  the  mortgagee  to  be  paid   out  of  the  mort- 
gage debt   {Re  S^Mu-l-s,   0  Ch.   D.  361;  25  W.   R.   869; 
(ovci-riiling  Re  Biddle),  where  each  party  was  ordered  to 


240  COSTS   IN   PARTICULAR   ACTIONS. 

from  _  bear  his  own  costs).  But  the  costs  of  obtaining  a  recon- 
lieir  of  veyance  from  the  hmatic  heir  of  a  mortgagee  must  be 
mortgagee  borne  by  the  mortgagor  {Re  Jones,  2  De  G.  F.  &  J.  554 ; 
9  W.  R  175  ;  7  Jur.  N.  S.  115  ;  30  L.  J.  Ch.  112  ;  Be 
Stuart,  4  De  G.  &  J.  317).  In  In  re  Viall,  Hnirkins  v. 
Perry,  8  De  G.  M,  &  G.  439,  the  petition  was  presented 
by  a  purchaser  of  the  property  and  the  plaintiffs  in  an 
administration  suit,  and  a  portion  only  of  the  costs  was 
ordered  to  be  paid  out  of  the  mortgage  money,  the  re- 
mainder to  be  costs  in  the  cause.  It  makes  no  difference 
that  the  hinatic  is  not  found  so  by  inquisition  (ibid.). 

A  power  in  trustees  to  raise  by  mortgage  a  fixed  sum 
impHes  a  power  to  raise  also  the  incidental  costs  of  the 
mortgage  {ArmstroiKj  v.  A rrast ronrj ,  18  Eq.  541). 

Sect.  VIII. — Actions  for  Partition  and  to  Settle 
Boundaries. 

Former  Prior  to  the  Partition  Act,  18G8,  31  &  32  Vict.  c.  40, 

costs'Tf*"  the  rule  in  suits  for  partition  was  that  no  costs  were  given 
partition  to  Cither  party  up  to  the  issuing  of  the  commission,  in 
analogy  to  the  rule  of  law  on  writ  of  partition.  The  costs 
of  issuing,  executing  and  confirming  the  commission,  were 
borne  by  the  parties  in  proportion  to  the  value  of  their 
interests  (Agar  v.  Fairfax,  17  Ves.  533;  Calmad}/  v. 
Cidmady,  2  Ves.  junr.  568  ;  Bariraj  v.  Nash,  1  V.  &  B. 
554 ;  Jones  v.  Eobinson,  3  De  G.  M.  &  G.  910,  913  ; 
Elton  V.  Blton,  (1)  27  Beav.  ()32). 
Costs  By  sect.  10  of  the  Partition  Act,  18G8,  the  Court  may 

Partition  make  such  order  as  it  thinks  just  respecting  costs  up  to 
Act,^i8G8,  ii^Q  tijjjQ  Qf  ^ijg  hearing.  In  Landell  v.  Baker,  6  Eq.  2G8, 
Lord  Romilly,  M.  E,.,  said  the  Act  was  not  intended  to 
alter  the  practice  with  regard  to  costs ;  but  this  is  in- 
All  costs  correct,  and  tlie  decision  has  not  been  followed.  The  rule 
h\Mhe°™^  now  is  that  all  the  costs  of  the  action,  both  the  costs  up  to 
].arties  in    the  hearing,  and  the  subsequent  costs  must,  in  the  absence 

jnoportion  ...  ,        ,  ,  ,  .         . 

to  their     '  01  special  circumstances,  be  borne  by  tlie  parties  in  pro- 


ACTIONS   FOR   PAIITITIOK.  241 

portion  to  their  several   interests  {Cannon  v.  Johnson,  interests, 
11  Eq.  90  ;  40  L.  J.  Ch.  4G  ;  19  W.  R.  175  ;  23  L.  T.  583  ;  '^^^lf-^\ 
Oshorn  v.  Oshorn,  0  Eq.  338 ;    18  L.  T.  679  ;  Miller  v.  sak  or V^ 
Marriott,  7  Eq.  1  ;    17  W.  R  41 ;  19  L.  T.  304  ;  Sim^yson  i'^^-^'^'''"- 
V.  Ritchie,  16  Eq.  103;  Leach  v.  Westall,  17  W.  R.  313  ; 
Thompson  v.Hichardson,  Ir.  R.  6  Eq.  596  ;  Ball  v.  Kemp- 
Welch,  14  Ch.  D.  512  ;   49  L.  J.  Ch.  528;  43  L.  T.  116, 
where  a  sale  was  directed  ;  Bowes  v.  Marquis  of  Bate, 
27  W.  R.  750,  where  there  was  a  partition). 

The  Court  may,  however,  in  the  exercise  of  its  discre-  Exceijtious. 
tion,  give  no  costs  up  to  and  including  the  hearing ;  see 
Wilkinson  v.  Juherns,  16  Eq.  14;  42  L.  J.  Ch.  663; 
21  W.  R.  644 ;  28  L.  T.  734,  where  the  owner  of  one 
moiety  unsuccessfully  resisted  a  sale  under  s.  4  of  the 
Partition  Act,  1868.  In  Wilkinson  v.  Castle,  37  L.  J. 
Ch.  467;  16  W.  R.  501;  18  L.  T.  100,  the  defendant 
contested  the  plaintiff's  title  and  was  ordered  to  pay  so 
much  of  the  costs -as  was  thereby  occasioned,  no  order 
being  made  as  to  the  other  costs  ;  and  a  defendant  Avhose 
conduct  has  rendered  the  suit  necessary  may  be  ordered  to 
pay  his  own  costs  {Gro.hani  v.  Cole,  L.  J.  Notes  of  Cases, 
1873, 102).  In  Porter  v.  Lopes,  7  Ch.  D.  367,  Jessel,  M.  R, 
says  :  "  If  this  had  been  a  frivolous  contest  I  should  have 
made  the  party  who  had  incurred  the  unnecessaiy  costs 
pay  the  costs,  but  when  there  is  a  fair  ground  for  discus- 
sion, and  a  reasonable  ground  for  asking  for  the  decision 
of  the  Court,  then  I  think  the  proper  course  is  to  give  no 
costs  on  either  side  up  to  the  trial."  Where  husband  and 
wife  defendants  to  a  partition  action  severed  in  their 
defence,  the  costs  occasioned  by  the  severance  were  ordered 
to  be  borne  by  the  wife's  share  {Mildinay  v,  Quicke, 
46  L.  J.  Ch.  667). 

Where  the  defendant  set  up  an  agreement  as  a  bar  to 
partition  and  failed,  he  was  ordered  to  pay  such  portion 
of  the  costs  as  were  thereby  occasioned  {Morris  v.  Tivi' 
'niins,  1  Beav.  411).  And  where  the  bill  prayed  for 
partition  and  account  of  the  rents  and  profits  against  the 

R 


242  COSTS  IX  ]\vi;ticulai{  actions. 

defendant,  "wlio  was  in  possession,  and  the  defendant  dis- 
puted the  plaintiff's  title,  he  had  to  pay  the  costs  thereby 
occasioned,  and  of  taking  the  accounts  {Hill  v.  Fidlhroohj 
Jac.  574).  But  where  the  defendant  questioned  the 
plaintiff's  title  as  heir  at  law  to  one  tenant  in  common, 
and  an  inquiry  was  directed  which  found  for  the  plaintiff, 
the  defendant  paid  no  costs  of  the  inquiry  except  so  far 
as  they  might  have  been  increased  by  any  act  of  hers,  and 
it  was  held  that  mere  cross-examination  of  the  plaintiff's 
witnesses  would  not  be  within  the  exception  (Li/ne  v.  Lyne, 
21  Beav.  318). 
Costs  Where  a  partition  is  ordered,  the  costs  of  all  parties 

a*ciian'c.     ^^*^^   ^^'■^  j^iris  may   be    declared   a   charge   upon   their 
i^hares   of  the   property  ;    see  Seton,  p.  1020.      In  Cal- 
Formcr       mady  V.  Ccdmady,    2    Ves.  junr.    508,  the  costs  of  the 
practice  .IS  fi-^igtees   of  a    settlement  of   the    plaintiff's    share  were 

to  sales  lor  .  •  ^ 

the  inirpose  Ordered  to  be  raised  by  sale  or  mortgage  according  to  the 
the  cost^°  trusts  of  the  settlement.  And  in  Smgleton  v.  Ihyplcins, 
4  W.  R.  107 ;  25  L.  J.  Ch.  50  ;  1  Jur.  N.  S.  1190,  V.  C. 
Stuart  directed  that  the  costs  of  the  third  tenant  in  tail 
who  was  made  a  defendant,  the  first  two  being  respectively 
a  lunatic  and  an  infant,  should  be  a  charge  on  the 
'undivided  share  in  which  he  was  interested.  On  the 
authority  of  that  case,  Y.  C.  Wood  made  the  costs  of  infiint 
defendants  a  charge  upon  their  shares  {Cox  v.  Cox,  3  K.  & 
J.  554) ;  and  subsequently  it  became  the  practice  to  charge 
the  costs  of  parties  under  disability  upon  their  shares,  and 
then,  declaring  it  to  be  for  their  benefit  that  a  sale  should 
take  place  for  the  purpose  of  raising  the  costs,  and  the 
parties  sui  juris  desiring  a  sale,  to  order  a  sale  of  the 
entirety.  In  this  circuitous  way  a  jurisdiction  Avas  esta- 
blished to  sell  the  estate  and  divide  the  purchase-money 
without  the  expense  of  a  partition  ;  see  now  the  Partition 
Acts,  1808  and  1870,  SI  &  32  Yict.  c.  40,  and  89  &  40 
Vict,  c,  17;  and  France  v.  France,  13  Eq.  173;  Young 
V.  Young,  ibid.  175,  n. ;  Davey  v.  Wietlishach,  15  Eq. 
268.      In    Fleraing   v.  Armstrong,    5    N.   R.    181;     11 


ACTIONS    FOR    PARTITION.  243 

L.  T,  470,  the  costs  of  a  married  woman  were  charged 
on  her  share,  notwithstanding  a  restraint  on  antici- 
pation. 

Where  an  undivided  share  is  in  settlement,   the   first  Tarties  to 

•  1     •  T  rv    •       ,1  J.     J.1       a  partit.on 

tenant  ni  tad,  m  orelmary  cases,  sutnciently  represents  trie  guit. 
inheritance  ;    but  where    the   first   tenant   in   tail   was   a  Tenant  in 
lunatic,  and  the  second  an  infant,  Y.  C.  Stuart  declared  *'^^'- 
the  third  not  to  be  an  improper  party,  and  gave  him  his 
costs  out  of  the  share  in  which  he  was  interested  {Singleton 
V.  HopJdns,  4  W.  R  107;  25  L.J.  Ch.  50;  1   Jur.  N.  S. 
1199).     A   purchaser  of  the  plaintiff's   undivided  share  Piuclmser. 
made  a  defendant  by  amendment  is  entitled  to  his  costs 
from  the  plaintiff  {WiUiams  v.  WilUams,  10  W.  R.  609). 
Where  one  tenant  in  common  had  made  a  lease  of  his  un-  Lessee. 
divided  shave,  the  lessee  .was  a  necessary  party  to  a  suit  for 
partition,  and  his  costs  were  rccpiired  to  be  borne  by  the 
lessor  {Cornish  v.    Gest,  2  Cox,  27  ;  but  see  Herbert  v. 
Hedges,  10  Ir.  Eq.  R.  479).     Legatees  whose  legacies  were  Legatee?. 
charged  on   one  undivided  share  had  to  bear  their  own 
costs  {Green  v.  fiercer,  4  Ir.  Eq.  R.  705).   Li  the  same  case 
it  was  held  that  a  tenant  for  life  of  an  undivided  share  had 
no  equity  to  call  on  the  tenant  in  tail  to  contribute  to  his 
costs  :  sed  qiL     See  now  as  to  parties,  the  Partition  Act, 
1868,   s.   9,   and    the    Partition    Act,    1876,   s.   3;    Set. 
lOlG. 

Where  two   tenants  in  common   agreed    to    partition.  Agreement 
each  to  take  a  moiety  of  the  premises  in  severalty,  and  ^jq^ '^Qg^s 
both  died  before  a  deed  of  partition  was  executed,  the  "^  canying 
survivor  specifically  devising  his  moiety  but  allowing  the 
legal  estate  in  half  the  other  moiety  to  descend  to  his  heir- 
at-law,  it  was  held  that  the  costs  of  carrying  the  agree- 
ment into  effect  (including  the  costs  of  getting  in  the  out- 
standing legal  estate)  must  be  borne  by  the  devisees  of  the 
survivor  and   not  by  his   personal  estate    {In  re  Tann, 
Gravatt  v.  Tann  (1),  7  Eq.  434). 

Where  a  solicitor  was  employed  to  conduct  a  partition  Liability 
suit  on  the  joint  retainer  of  two  co-plaintiffs  with  equal 


241  COSTS   IN    PARTICULAR   ACTIOKS. 

may  bo       ilalits  as  tenants  in  common,  there  being  no  special  con- 
tract,  it  was  held  that  the  liability  for  costs  was  several  as 
well  as  joint  (Furlonr/  v.  Scallan,  Ir.  R.  9  Eq.  202). 
Costs,  how       The  costs  of  a  partition  action  can  be  taxed  as  between 
^^"^  '        solicitor  and  client  only  by  consent  of  the  parties  ;  other- 
Avise  they  must  be   taxed   as  between  party  and   party 
(Ball  V.  Kemp-}Yelch,  14  Ch.  D.  512;  49  L.  J.  Ch.   528; 
43  L.  T.  IIC). 
Actions  for     In  NorHs  V.  Leneve,  3  Atk.  83,*  the  costs  of  a  com- 
boiin-°°       mission  to  ascertain  boundaries,  and   separate  freeholds 
diuies.        fiorn  copyholds,  were  ordered  to  be  borne  by  the  plaintiff 
and  defendant  equally,  though   their  interests  were  un- 
equal.    But  in  Habei'fjham  v.  Stansfeld,  Set.  1034,  the 
costs,  up  to  the  hearing,  were  ordered  to  be  paid  out  of  the 
testator's  estate,  rateabl}',  according  to  the  values  of  the 
freeholds  and  copyholds.     Where,  however,  a  bill  was  filed 
to    settle    the    boundaries    of   plaintiff's    and   defendant's 
manors,  and  the  question  was  agreed  to   be  tried  by  a 
feigned  issue,  the  plaintiff,  having  failed  in  three  succes- 
sive trials,  was  ordered  to  pay  all  the  costs,  both  at  law  and 
in  equity  (Metcalfe  v.  Beclacith,  2  P.  W.  377). 
Costs  of  The  commissioners  have  no  lien  on  the  commission  for 

their  charges  and  expenses  (Young  v.  Sutton,  2  V.  &  B. 
8G5). 


commit, 
sioners. 


Sfxt.  IX. — Actions  for  Dissolution  of  Partncvsliip. 

Costs  iu  The  general  rule  as  to  costs  in  a  partnership  action  is 

shiiiactions  ^^'*^'  samo  as  in  any  other  administration   action,  that  is, 
are  payable  thov  are  pavablo  out  of  the  assets,  "  partnership  assets  " 

out  of  the  -^    .         \   "  .    .  '      -^  ^.      „      , 

assets,         meaning  tlie   assets   remannng  after   payaieut  ot   all  the 

partnership  debts,  including  balances  due  to  any  of  the 

partners  ;  if  the  assets  are  insufficient  for  payment  of  the 

costs  of  the  action,  then  such  costs  must  be  borne  by  the 

*  This  seems  to  be  tlie  ease  referred  to  iu  rarlxi-  v,  Gerard,  Amb.  236, 
as  Xevis  v.  Levine, 


ACTIONS    KELATING    TO    PATENTS.  245 

partners  in  proportion  to  their  shares  in  the  profits  {Hamer 
V.  Giles,  11  Ch.  D.  942;  27  W.  K.  H^-^  ;  Austin  Y.Jackson, 
11  Ch.  D.  942,  n.  ;  Potter  v.  Jackson,  13  Ch.  D.  845  ;  28 
W.  R  412  ;  Bon  ville  v.  BonviUe,  35  Beav.  129).  The  rule 
established  by  Hawkins  v.  Parsons,  10  W.  R.  377 ;  8 
Jur.  N.  S.  852,  that  the  Court  made  no  order  as  to  costs 
up  to  tlie  hearing,  is  no  longer  in  force. 

If,  however,  the  action  has  been  rendered  necessary  by  Partner 
the  negligence  or  misconduct  of  one  partner,  he  may  be  f"iseonduct 
ordered  to  pay  the  costs  of  the  action  so  fur  as  they  have  ™''^y  'i^^e 
been  occasioned  by  his  misconduct,  including  the  costs  up  costs. 
to  the  trial  (Hamer  v.  Giles).     Where  the  executors  of  a 
deceased  partner  filed  a  bill  against  the  surviving  partner, 
who  was  bound  to  pay  them   annually  half  the  profits  of 
the  business,  alleging  that  no  accounts  had  been  rendered 
though  application  had  been  made  for  some  years,  and  the 
defendant  by  his  answer  admitted  the  allegations  in  the 
bill  and  submitted  to  account,  it  was  held  that  he  must 
pay  the  costs  up  to  the  hearing  (Xorton  v.  Russell,  19  Eq. 
348  ;  23   W.  R    252).     If  a  decree  for  dissolution  were 
made  on  the  ground  of  the  defendant's  insanity,  the  costs 
came  out  of  the  estate,  even  under  the  former  practice 
(Jones  V.   Welch,  1   K.  &  J.  705  ;  and  see  RovjlctncU  v. 
Evaiw,  14  W.  R.  882). 

Where  the  matters  in  dispute  were  referred  to  arbitration,  ^o^^-^  o^ 
the   costs   of  suit,  reference,  and  award  were  borne  by 
plaintiff  and  defendant  in  proportion  to  their  shares  in  the 
partnership  profits  and  losses  (Xeuion  v.  Tajjlo)-,  19  Eq. 
14  ;  23  W.  K.  330). 


Sect.  X. — Actions  relatlnrj  to  Patents. 

The  43rd  section  of  the  Patent  Law  Amendment  Act,  J'^^^'^* 
1852,  15  &  16  Vict.  c.  83,  provides  as  follows  : —  Amond- 

In  taxing  the  costs  in  any  action  fur  infringing  letters  "g^!,*  ^^'^^' 
patent,  regard  shall  be  had  to  the  iiaiticulars  dulivered  in 


246  COSTS    IN    rAHTItULAK   ACTIONS. 

such  action,  and  the  phiintiff  and  defendant  respectively 
shall  not  be  allowed  any  costs  in  respect  of  any  particular 
unless  certified  by  the  judge  before  whom  the  trial  was  had 
to  have  been  proved  by  such  plaintiff  or  defendant  re- 
spectively, without  regard  to  the  general  costs  of  the  cause. 
Tlie  judge  before  whom  any  such  action  shall  be  tried  may 
certify  on  the  record  tliat  the  validity  of  the  letters  patent 
came  in  question  ;  and  the  record,  with  such  certificate, 
being  given  in  evidence  in  any  suit  or  action  for  infringing 
the  letters  patent,  or  in  any  proceeding  by  scire  facias  to 
repeal  the  letters  patent,  shall  entitle  the  plaintiff  in  any 
such  suit  or  action,  or  the  defendant  in  such  proceeding 
by  scire  facias  on  obtaining  a  decree,  decretal  order,  or 
finaljudgment,  to  his  full  costs,  charges,  and  expenses,  taxed 
as  between  solicitor  and  client,  \inless  the  judge  making 
such  decree  or  order,  or  the  judge  trying  such  action  or 
proceeding,  shall  certify  that  the  plaintiff  or  defendant  re- 
spectively ought  not  to  have  such  full  costs.* 
Costs  as  to       III  an  action  for  the  infringement  of  a  patent,  the  judge's 

particulars.  .  1^11  •       1  f      1  •        ■ 

certincate  that  tlic  defendants  particulars  of  objections 
have  been  proved,  is  a  condition  precedent  to  his  right  on 
taxation  to  any  costs  in  respect  of  such  particulars,  even  in 
the  case  of  a  non-suit  {Huniball  v.  Bloomer,  10  Ex.  538). 
But  it  was  held  that  this  rule  did  not  apply  to  the  case  of 
a  plaintiir  who  dismissed  his  own  bill  before  the  hearing; 
sec  R(tle>/  v.  K>jnod;  '20  Eq.  032,  Y.  C.  B. 
Costs  must       Notwithstanding  the  above  section,  the  decree  or  order 

be  ordered      ,        ,  i  .  t  •         p  •  r    ^ 

to  be  taxed  sliould  coutam  an  express  direction  for  taxation  of  the  costs 
as  between  j^g  between  solicitor  and  client  (Lister  v.  Leather,  4  K.  & 

solicitor  ^  ' 

and  client.  J.  425  ;  and  see  Hill  v.  Evans,  4  De  G.  F.  Sc  J.  288  ; 
Necdham  v.  Oxley,  11  W.  R  852). 

The  object  of  the  section  is  to  prevent  patentees  being 
put  to  the  necessity  of  bringing  repeated  actions  to  deter- 
mine their  rights  after  the  principle  has  been  once  es- 
tablished ;  see  i^er  Wood,  Y.  C,  in  Dovtnport  wRi/lands, 

*  See  a  similar  provision  in  the   "  Mordiaiuli^c   Marks    Act,   1862," 
25  &  26  Vict,  c.  88,  s.  23. 


ACTIONS    RELATING    TO    PATENTS.  247 

1  Eq.  302  ;  35  L.  J.  Ch.  204.  It  does  not  apply  to  the 
costs  of  a  first  trial  (whether  before  a  judge  and  jury,  or  of 
issues  of  fact  before  a  judge  of  the  Chancery  Division),  but 
only  to  the  costs  of  a  subsequent  trial,  upon  production  of 
the  record  of  the  first  trial,  with  the  certificate  endorsed 
(Penn  v.  Bibby,  3  Eq.  308  ;  3G  L.  J.  Ch.  277). 

As  to  what  is  a  sufficient  certificate  to  enable  tlie  Court  Certificate. 
to  direct  the  costs  to  be  taxed  as  between  solicitor  and 
client,  see  Bettsw.  Be  Vitre,  11  Jur,   N.  S.  9 ;  Bovlll  v. 
Hadleij,  17  C.  B.  N.  S.  435  ;  10  L.  T.  650. 

Where  in  a  suit  to  restrain  the  infringement  of  a  patent 
four  issues  were  found  for  the  plaintitf,  but  the  fifth,  as 
to  infringement,  for  the  defendant,  and  the  bill  was  accord- 
ingly dismissed  with  costs,  the  Court  gave  the  defendant 
the  general  costs  of  the  motion  for  an  injunction,  but  the 
plaintiff  was  allowed  the  costs  of  the  issues  found  in  his 
favour  (ParJces  v.  Stevens,  W.  N.  (1809),  269).  Where 
the  defendant  infringed  the  patent  in  ignorance,  submitted 
immediately  on  complaint  being  made,  and  offered  before 
suit  to  account  for  all  profits,  which  were  very  trifling,  the 
plaintiff,  though  he  got  a  perpetual  injunction,  got  no  costs 
(Nunn  V.  U Albuquerque,  34  Beav.  595). 

Directors  of  a  company  who  infringe  a  patent  may 
be  made  personally  liable  for  the  costs  of  a  suit  to  restrain 
the  infringement  {Belts  v.  De  Vitre,  11  Jur.  N.  S.  9). 

A  defendant  will  not  be  allowed  to  amend  his  particulars  Terms  on 
of  objection  at  the  last  moment  so  as  to  raise  a  new  case,  defendant 
except  upon  the  terms  of  the  plaintiff  having  a  given  time  allowed  to 

T       .       ,     ,1  ,  .,,,..  ,  ,  .  .  amend  Ins 

to  elect  wlietlier  he  will  discontmue  his  action  m  conse-  particulars 
quence,  and  payment  by  the  defendant,  in  the  event  of  °[  °'^'''*^*^' 
discontinuance,  of  all  costs  incurred  by  the  plaintiff  since 
delivery  of  the  original  particulars  ;  and  the  defendant 
must  of  course  pay  the  costs  of  the  application  for  leave  to 
amend  [Edison  Telephone  Co.  v.  India  Rubber  Co.,  17  Ch. 
D.  137,  where  the  form  of  the  order  is  given).  In  Penn 
V.  Bibhy,  1  Eq.  548,  however,  the  costs  occasioned  by  the 
introduction  of  new  particulars  of  objection  were  reserved. 


248  COSTS   IN   rARTICULAR   ACTIO^^S. 


Sect.  XL — Actions  to  set  aside  Sales,  dc,  of  Reversions. 

Former  The  old  I'ule  of  tlie  Court  in  suits  to  set  aside  convey- 

that'costs  ^'^ccs  of  reversions  was,  that  where  inadequacy  of  value 
were  given  was  the  solo  ground  for  the  interference  of  the  Court,  and 
principle  the  dccrcc  was  that  the  conveyance  should  stand  as  se- 
of  redenip-  curitv  for  the  price,  or  money  actually  advanced,  the  suit 
was  to  be  considered  in  the  nature  of  a  bill  for  redemption, 
and  the  plaintiff  must  pay  the  costs  of  it  (Baivtree  .v. 
Watson,  3  My.  &  K.  330,  34-1  ;  Ginjnne  v.  Heaton,  1  B. 
C.  C.  1 ;  Twisleton  v.  Grl^^th,  1  F.  W.  310 ;  Peacock  v. 
Uimis,  16  Ves.  512;  Goiriaml  v.  Dc  Faria,  17  Ves.  20, 
2G) ;  and  so  in  a  suit  to  set  aside  post  obit  bonds  {M<t.rsack 
v.  Rervcs,  6  Mad.  Ill  ;  Bovcs  v.  Heaps,  3  V.  &  B.  117) ; 
but  in  Clicstc-rpchl  v.  Jansscn,  2  Yes.  12.'),  the  decree  was 
made  without  costs.  But  when  fraud  or  oppression  formed 
part  of  the  equity,  the  case  was  altered  ;  see  Lord  Fort- 
more  V.  Taylor,  4  Sim.  1S2  ;  Xeicton  v.  Hunt,  5  Sim.  oil  ; 
Wood  V.  Ahrey,  3  Mad.  417,  where  no  costs  were  given  up 
to  the  hearing  ;  and  Barnardistonw  Lingood ,  2  Atk.  133  ; 
Crowe  v.  Ballard,  1  Ves.  Junr.  215  ;  Baugh  v.  Price,  1 
Wils.  320  ;  Baivtree  v.  Wcdson,  3  My.  &K.  339  ;  Wharton 
v.  Mag,  5  Ves.  27,  where  the  defendant  liad  to  pay  costs. 
So,  if  the  transaction  was  one  which — if  the  property  liad 
been  in  possession — would  have  come  within  that  degree 
of  inadequacy  of  consideration  which  has  been  considered  as 
evidence  of  fraud  (Davie.'^  v.  Coofcr,  5  'My.  S:  C.  270,  277). 
In  Boothhy  v.  Boothhg,  15  Beav.  212,  the  Court  being 
bound  by  the  decree  made  at  the  hearing,  which  dismissed 
so  much  of  the  bill  as  charged  fraud  with  costs,  refused, 
on  further  consideration,  to  treat  very  gi-oss  inadequacy  as 
fraud,  and  gave  the  defendant  the  remainder  of  the  costs, 
except  of  the  inquiry  as  to  value. 

In  some  later  cases,  however,  it  was  laid  down  that  the 
costs  of  such  suits  should  not  be  disposed  of  on  the  prin- 
ciple of  redemption ;  and  that  even  where  the  cquit}  was 


ACTIONS   TO   SET   ASIDE   SALES,  ETC.,    OF   KEVERSIONS.      249 


5    i.i-<^.j 


inadequacy  of  value  only,  the  defendant  was  not  en- 
titled to  costs  {EdiLXirds  v.  Burt,  2  De  G.  M.  &  G.  55  ; 
Foster  v.  Roberts,  29  Beav.  467  ;  St.  Alhyn  v.  Harding, 
27Beav.  11,13;  TaJhot  v.  Staniforth,  1  J.  &  H.  484). 
In  Salter  v.  Bradshaiu,  26  Beav.  161,  a  decree  was  made, 
but  without  costs,  on  account  of  the  lapse  of  time ;  so  in 
Foster  v.  Roberts,  Avhere  the  inadequacy  was  only  £30 ; 
and  in  Talbot  v.  Stani forth,  on  account  of  the  bona,  fides 
of  the  transaction,  and  the  purchaser  having  acted  from  a 
desire  to  keep  the  estates  in  the  family;  and  see  Edwards 
V.Burt;  Bromley  v.  Smith,  26  Beav.  644,  675,  where, 
under  the  circumstances,  no  costs  were  given.  In 
St  Alhjn  V.  Harding,  the  defendant  had  to  pay  costs. 

Now  by  the  Sales  of  Reversions  Act,  31  Yict,  c.  4,  no  Plaintiff 
purchase  of  any  reversionary  interest,  made  bond  Jide  and  redeem  *° 
without  unfair  dealino-,  is  to  be  set  aside  merely  on  the  generally 
ground  of  undervalue  ;  and  the  general  rule  at  the  present  ^"''^  ''"^' 
day  as  to  the  costs  seems  to  be  that  first  above  stated,  viz. 
that  they  must  be  paid  by  the  plaintiff.  "Generally 
speaking,  if  a  man  comes  to  redeem,  he  must  pay  the  costs 
of  redemption  ;  and  if  a  man  comes  to  get  rid  of  his  own 
deliberate  act,  he  must  also,  generally  speaking,  pay  the 
costs  of  his  own  folly  in  being  obliged  to  come  and  ask  the 
Court  to  undo  what  he  has  deliberately  done;"  per  Stuart, 
V.  C,  in  Tyler  v.  Yates,  11  Eq.  276  (affirmed  on  appeal, 
6  Cb.  GQo),  where,  however,  under  the  circumstances, 
neither  .side  had  co.sts  ;  and  see  also  Miller  x.  Cook,  10 
Eq.  641.  In  Earl  of  Aylesford  v.  Morris,  8  Ch.  484,  an 
expectant  heir  succeeded  in  obtaining  relief  against  an 
unconscionable  bargain  with  a  money  lender,  but  Lord 
Selborne,  L.  C,  said  he  thought  it  not  unjust  that  he 
should  obtain  it  at  his  own  expense,  and  no  costs  were 
given,  affirming  the  decision  of  the  Court  below  ;  and  see 
Croft  V.  Graham,  2  De  G.  J.  &  S.  155;  5  Giff.  1. 

It  the  defendant  has  refused  a  proper  offer  before  action  Defendant 
brought  he  will  be  ordered  to  pay  the  costs  of  the  suit  ^ffe^J^ayr' 
(Beynon  v.  Cook,  10  Cb.  389;  23  W,  R.  413;  Benyon  v.  cost«-  ' 


250 


COSTS    IN    I'AHTICULAH    ACTIONS. 


Where  tlic 
suit  is  dis- 
inissod  on 
account  of 
lapse  of 
time. 


Costs  of 
assignees 
of  tiic 
2)roi>erty. 


Fitch,  35  Beav.  570;  Wyatt  v.  Cook,  16  W.  R  502 
Iloidey  V.  Cook,  Ir.  R.  8  E<i.  570  ;  Tottenham  v.  Emmet, 
13  W.  K  123  ;  14  W.  R.  3  ;  11  L.  T.  404  ;  12  L.  T.  838  ; 
10  Jur.  N.  S.  1093;  Xevill  v.  SneUing,  15  Ch.  D.  G79). 
But  the  plaintiff  must  in  all  cases,  according  to  the  rule 
stated  ante,  p.  lUC,  pay  the  costs  occasioned  by  unproven 
charges  of  fraud  or  oppression  {Edwards  v.  Burt,  2  De  G. 
M.  &  G.  55;  ,S^  Alhyn  v.  Hard'imj,  27  Beav.  11,  13; 
Jones  V.  liicketts,  10  W.  R.  57G). 

Where  the  suit  is  dismissed  on  the  ground  of  lapse  of 
time  alone,  the  Court  not  being  satisfied  as  to  the  trans- 
action itself,  the  dismissal  will  be  without  costs  {Lord. 
Clanricarde  v.  Henn'mg,  SO  Beav.  175  ;  but  see  Sibber- 
ing  V.  Earl  of  Balcarras,  3  Do  G.  &  S.  735). 

Innocent  assignees  for  value  of  the  property  have  no 
equity  against  the  plaintiff,  as  knowledge  that  the  properly 
was  acquired  when  reversionary  is  notice  of  all  the  kgal 
incidents  of  such  transaction  ;  sec  Tottenliam  v.  Green, 
1  N.  R.  400,  where  a  decree  was  made  against  sub- 
mortgagees, but  they  were  allowed  to  add  their  costs  to 
their  securities  as  against  their  mortgagor  ;  and  Cockell  v. 
Taylor,  15  Beav.  103,  119,  where  the  sub-mortgagees  had 
to  pay  the  costs  of  insisting  on  their  securities.  But  in 
Wharton  v.  May,  5  Ves.  27,  the  plaintiff  had  to  pay  the 
costs  of  innocent  holders  of  post-obit  bonds,  and  recover 
them  from  the  principal  defendants  with  his  own. 


Where  the 
(juestion  is 


Sect.  XII. — Actions  for  Specific  Performance. 

Specific  performance  being  in  every  case  discretionary 
Avitli  the  Court,  it  is  cxtremel}^  diflicult,  as  observed  by 
Mr.  Beames  (p.  58,  n.),  to  extract  rules  with  respect  to  the 
costs  of  suits  for  that  purpose ;  and  see  the  remarks  of 
Malins,  V.  C.  in  Cruikshank  v.  Dupin,  13  Eq.  p.  503. 

Where  there  is  a  fair  objection  to  a  title,  on  which  the 


ACTION;?    FOK    SPECIFIC    PERFe>IiMANCE.  251 

purchaser  is  justifietl  in  taking  the  opinion  of  the  Court,  one  of 
though  he  fails  in  substantiating  it,  the  decree  for  specific  the*'titlc"is 
performance  will  in  most  cases  be  without  costs  {Aislabie  gooa. 
V.  Rice,  G  Mad.  256  ;  Thor2)e  v.  Freer,  4  :Mad.  4GG  ;  Cox 
V.  Chamberlain,  4  Ves.  631 ;  Cruikshanh  v.  Dii^n).  So 
if  the  purchaser  insists  on  inquiry  as  to  a  matter  of  fact 
respecting  which  there  is  a  fair  doubt  {Thorpe  v.  Freer). 
And  tlie  same  princij)le  applies,  though  the  question  is  one 
of  conveyance,  and  not  of  title  (Staines  v.  Morris,  1  V.  & 
B.  8,  16).  But  the  rule  is  not  invariable  (Bishop  of  Win- 
chester V.  Faine,  11  Ves.  194) ;  and  it  may  help  the  title 
to  make  the  purchaser  pay  costs  (M'Qiieen  v.  Farquhar, 
11  Ves.  467).  In  Osborne  to  Roiulett,  13  Ch.  D.  774,  the 
Master  of  the  Rolls,  Sir  G.  Jessel,  said  : — "  Upon  the 
question  of  costs,  I  do  not  consider  that  because  a  parti- 
cular title  may  be  one  which  a  conveyancer  would  not 
recommend  a  purchaser  to  accept  without  a  decision  of  the 
Court,  the  purchaser  ought  not  to  pay  costs  if  the  Court  is 
of  opinion  that  a  good  title  can  be  made  :  on  the  contrary, 
the  general  rule  is  to  order  the  purchaser  to  pay  the  costs, 
so  as  to  assure  his  title  and  show  that  the  Court  enter- 
tains no  doubt  upon  it."  In  that  case  no  order  was  made 
as  to  costs,  the  difficulty  having  arisen  entirely  from  con- 
flicting decisions.  See  also  Hall  v.  May,  3  K.  &  J.  590. 
Counsel's  opinion  is  no  protection  to  a  purchaser  unsuccess- 
fully objecting  to  a  title  against  costs  (dialing  v.  Hill,  1 
Cox,  186  ;  Thomas  v.  Toiunsend,  16  Jur.  736).  And 
where  the  purchaser  had  notice  of  a  previous  decision  in 
favour  of  the  same  title,  the  decree  was  made  with  costs 
(Biscoe  V.  Wilks,  3  Mer.  456).  If  the  purchaser's  objection 
is  futile  or  frivolous  the  decree  will  be  with  costs  (Morris 
V.  Debenham,  2  Ch.  D.  540  ;  Thorpe  v.  Freer)  ;  and  see 
Hood  V.  Oglander,  6  N.  K  57  ;  Forster  v.  Abraham,  17 
Eq.  351. 

On  the  other  hand,  there  is  no  rule  that  a  vendor  failing  Where  the 
for  want  of  title  pays  the  costs  of  the  suit  (Vancouver  v.  ^^^^  ^\. 
Bliss,  11  Ves.  45b).     It  makes  only  a  prima  facie  case  for  iioubtfui., 


252  COSTS   IN    PARTICULAR    ACTIOKS. 

costs,  which  may  be  outweighed  by  circumstances  (Edtvanh 
V.  Harvey/,  Coop.  40).  In  White  v.  FoJjamhc,  11  Ves. 
837,  463,  where  the  question  involved  a  point  of  law  of 
great  difficulty,  the  vendor's  bill  was  dismissed  without 
costs.  And  where  the  Court  of  Exchequer  had  pronounced 
against  the  point,  but  in  Lord  Eldon's  opinion  wrongly, 
he  dismissed  the  bill  witliout  costs  {Rose  v.  Calland,  5  Ves. 
18C).  So  in  Willcox  v.  Bellaers,  T.  &  R.  491,  where  the 
Master  reported  in  favour  of  the  title,  but  the  Court  dis- 
missed the  bill  without  costs,  without  either  allowing  or 
disallowing  the  exceptions.  But  in  Bruce  v,  Bainbriilge, 
Sugd.  V.  &  P.  64.S,  where  tlie  Master  reported  in  favour 
of  the  title,  but  tlic  ComnK>n  Pleas,  on  a  case  sent  to 
tliem,  certified  against  it,  the  bill  was  dismissed  with  costs 
from  the  date  of  the  report.  And,  in  general,  if  the  title 
is  clearly  bad,  the  action  will  be  dismissed  with  costs  {Play- 
fun  I  v.  Hoare,  3  Y.  &  J.  175  ;  Vancouver  v.  Bliss,  11 
Ves.  458) ;  which  may  be  done  on  motion  after  a  reference 
on  the  title  {Walters  v.  Pynaiii,  19  Ves.  351).  AVhere  the 
title  deeds  Avere  burnt  before  the  title  was  accepted,  and 
the  vendor  was  unable  to  give  secondary  evidence,  his 
bill  was  dismissed  with  costs  {Bryant  v.  But>k,  4  Rnss.  1). 
In  IIcf<clti)ie  V.  Simmons,  6  W.  R.  268,  where  a  claim 
was  raised  by  a  person  not  a  party  to  the  suit,  on  which 
the  Court  thought  there  wiis  a  reasonable  doubt,  the 
vendor's  bill  was  dismissed  without  costs.  Where  also 
the  contract  was  for  a  lease  determinable  on  notice, 
and  the  defendant  gave  notice  to  determine  it,  the  bill 
was  dismissed  without  costs  {Western  x.  Perrin,S  V.  &  B. 
197).  In  Mullings  v.  Trimler,  10  £q.  449;  18  W.  R. 
1186,  specific  performance  was  decreed  at  the  suit  of  the 
vendor,  but  no  costs  were  given,  the  Court  considering  the 
suit  in  the  nature  of  a  special  case.  It  is  immaterial 
on  the  question  of  costs  that  the  vendor  is  only  a  trustee 
for  sale  {Edirards  v.  Harvey,  Coop.  40). 
Costs  of  Where  the  action  is  dismissed  against  a  purchaser  with 

an^ued*^       costs,  he  is  uot  entitled  to  the  costs  of  objections  argued 


ACTIONS   FOR   SfECIFiC   PERFORMANCE'.  253 

in  chambers,  but  abandoned  at  the  hearing  {Hayes  v.  and  aban- 
Bailey,  Sugd.  V.  &  P.  647).  '^""'''• 

If  the  title  is  found  to  be  bad,  unless  some  other  party  Where  the 
will  concur,  the  vendor,  though  he  obtains  the  concurrence  ^°"^"^"f  „ 
of  such  party,  must  pay  tlie  costs  of  the  suit  {Freer  v.  third 
Hesse,  4  Dc  G.  M.  &  G.  497  ;  Ashley  v.   Waugli,  9  L.  J.  reVureJ. 
Ch.  31  ;  4  Jur.  572)  ;  and  see  Sidebotham  v.  Barington, 

5  Beav.  261,  where,  however,  the  decree  was  made  without 
costs,  as  the  defendant  had  not  raised  the  objection  till  after 
the  filing  of  the  bill.  But  in  Collard  v.  Roe,  4  De  G.  &  J. 
525,  where  the  purchaser  insisted  on  the  concurrence  of 
the  vendor's  dower  trustee,  the  Court  held  the  objection 
tenable  but  vexatious  and  frivolous,  and  gave  no  costs  up 
to  the  hearing. 

But  if  the  purchaser  brings  an  action  and  it  turns  out  Coats  in 
that  the  vendor  cannot  make  a  good  title,  the  practice  is  ci^aser's 
to  dismiss  the  action  without  costs  {Lewis  v.  Loxha.m,  3  Mer.  s"it,  when 
429  ;  Maiden  v.  Fyson,  9  Beav.  347  ;  Thomas  v.  Bering,  bad. 
1  K.  729  ;  and  see  Sugd.  V.  .1-  P.  646).     But  it  seems  that 
if  the  purchaser  on  the  face  of  his  bill  [statement  of  claim] 
insists  that  the  vendor  cannot  make  a  good  title,  he  must 
pay  costs  whether  he  accepts  or  refuses  the  title  (Sugd.  V. 

6  P.  loc.  cit,  citing,  but  with  a  query,  Kicloson  v.  Words- 
vjorth,  2  Swans.  365).  The  purchaser  cannot  recover  his 
costs  of  the  suit  as  damages  in  an  action  at  law  against  the 
vendor  {Maiden  v.  Fyson,  11  Q.  B.  292)  ;  but  in  Wood 
V.  Scarth,  2  K.  &  J.  33,  44,  V.  C.  Wood  dismissed  the 
bill  without  costs,  but  without  prejudice  to  an  action  at 
law  for  damages,  and  the  costs  of  the  suit  being  included 
in  such  action. 

It  is  very  material  on  the  question  of  costs  whether  the  Where  the 
purchaser  knew  of  the  objection  when  he  entered  into  the  ^_j(.jg  j^" 
contract  {Cox  v.  Chamherlain,  4<\es.  631).    If  a  purchaser  known  bc- 

1     •  •  -11  11  PI         1  •      ,  •  1,1       fore  suit. 

brings  an  action  with  knowledge  oi  the  olyections,  and,  the 
report  being  against  the  title,  he  waives  the  objections, 
he  must  pay  the  costs  of  investigating  the  title,  but  the 
vendor  the  other  costs  {Bennett  v.  Fowler,  2  Beav.  302). 


'254  COSTS    IN    I'AUTICULAU    ACTIONS. 

But  sr'cus,  where  no  abstract  is  produced  till  the  parties 

arc  in  chambers,  thongh  the  only  defect  is  one  previously 

known    to  the  purchaser,  for  he  is  entitled    to   inquiry 

{Wilson  V.  WilUams,  3  Jur.  N.  S.  810). 

Vemlor  If  the  vcndor,  on  the  other  hand,  has  not  shown  a  good 

pays  costs    ^j^g  before  he  brinijs  his  action,  he  must  pay  the  costs  of 

time  of  liis  the  suit  up  to  tlic  time  when  a  good  title  is  first  shown 

''•'"V?:/^    (Tlarfordv.Purrier,  1  Mad.  532  ;   Wilson  v.  Allen, 1  J.  & 

gooil  title.  •'  '  ' 

r-q    7  ri  ^^^'  ^^^'  ^^^  '  ^^'^^^''^  ^-  ^i^<^^^  1  Russ.  325  ;  Townscnd  v. 

T/^L'T^^r       Ch.amx)ernov:nc,  3  Y.  &  C.  505  ;  Fvecre  v.  Hesse,  4  De  G. 
'  ^     ■  -^"^       j^j  ^  ^  ^^^  .  p^^iiiipg^y,^  y  Gihhon,  G  Ch.  428  ;  40  L.  J. 

Ch.  40G;  10  W.  R  GGl  ;  24  L.  T.  G02  ;  and  see  the 
earlier  cases  of  Wynn  v.  Morrjan,  7  Ves.  202  ;  Seion  v. 
ShiAe,  ihi,l  2G5  ;  Fiddcr  v.  Iligfjiason,  3  V.  &  B.  142  ; 

V.  CoUinge,  3  V.  &  B.  143,  n. ;  Wilson  v.  Ckq^ham, 

1  J.  &  W.  36).  And  it  seems  that  if  the  purchaser  takes 
no  step  inconsistent  with  the  finding  in  chambers,  the 
vendor  pays  the  wdiole  costs  of  the  suit  (Sugd.  V.  &  P. 
G48)  ;  but  if  the  purchaser  raises  unsuccessful  objections 
to  the  title,  no  costs  of  the  reference  will  be  given,  or  the 
purchaser  Avill  pay  costs  according  to  circumstances 
{Wilson  V.  Allen,  1  J.  &  W.  Gil,  G23 ;  Toiunsend  v. 
CJuinipernoirne,  3  Y.  i^  Coll.  505).  Where  the  vendors 
had  not  made  a  good  title  until  the  production  of  a  certain 
document  in  chambers,  but  the  purchaser  occa.sioned  costs 
by  unsuccessfully  disputing  the  construction  of  the  docu- 
ment, the  decree  was  made  without  costs  {Weddall  v. 
jS-ixon,  17  Beav.  170).  The  costs  of  the  reference  as  to 
title  in  a  purchaser's  suit  are  thrown  on  the  vendor  if  the 
abstract  is  not  produced  till  the  parties  are  in  chambers, 
though  the  only  defect  was  known  to  the  purchaser 
(Wilson  \.  Williams,  3  Jur.  N.  S.  810).  But  of  course 
the  rule  will  not  apply,  although  additional  deeds  are 
furnished  after  action  brought,  if  the  Court  thinks  the 
deeds  not  essential  to  the  title  {Litchfield  v.  Broum,  23 
L.  J.  Ch.  176).  Where  the  suit  was  occasioned  by  the 
vendor's  refusal  to  produce  documents  insisted  on  by  the 


ACTIONS    FOR    SPECIFIC    PRiiFOliMANCE,  255 

purchaser,  to  some  of  which  only  he  ^^'as  entitled,  no  costs 
were  given  (Newall  v.  Smith,  1  J.  &  W.  2G3).  In  Grove 
V.  Bastard,  1  De  G.  M.  &  G.  GO,  after  the  title  was 
approved  the  heir  at  law  gave  notice  of  his  intention  to 
dispute  the  will  and  brought  an  action  at  law,  in  which  he 
failed  ;  Lord  Cottenhara  thou,  at  the  purchaser's  request, 
allowed  the  cause  to  stand  over  till  the  Avill  was  estab- 
lished ;  the  heir  at  law  having  again  failed,  the  vendor 
was  allowed  the  costs  from  the  time  of  the  first  verdict 
against  the  heir  at  law,  though  Lord  Truro  seems  to  have 
thouofht  that  it  shoukl  be  from  the  time  when  the  title 
was  originally  approved. 

In   WilJdnson  v.  Hartley,  15   Beav.  183,  it  was  said  r>ut  the 
that  the  rule  stated  in  the  last  paragraph  ought  to  be  j^^^  .^y|,]y 
strictly  adhered  to.     But  the  fiict  of  a  title  having  been  ^^'life  ih ; 
first  perfected  in  the  course  of  the  suit  does  not  determine  tion  in  the 
the  costs,  if  the  real  contest  in  the  suit  was  on  some  other  ^'^j"^J:  JJ^^^^ 
question  or  claim,  and  not  the  mere  question  of  title.    The  the  one  of 
costs  in  that  case,  including  the  costs  of  investigating  the  '  °' 
title,  will  follow  the  event  of  the  suit  (Scoones  v.  Morrell, 
1   Beav.   251  ;    Croo7)ie   v.   LecUard,  2  My.  &  K.  293  ; 
Abbott  V.  Svjorder,  4  De  G.  &  S.  400  ;  Peers  v.  Sneyd,  17 
Beav.  151  ;  Carrodus  v.  Sharp,  20  Beav.  56  ;  Bridges  v. 
Longman,  24  Beav.  27  ;  Lyle  v.  Lord  Yarhorough,  Johns. 
70 ;  Murrell  v.  Goodyear,  29  L.  J.  Ch.  425  ;  G  Jur.  N.  S. 
35G ;  8  W.  R.  398 ;  Nene  Valley  Commissioners  v.  Dunldey, 
4  Ch.  D.  1  ;  and  see  Hyde  v.  Dallaway,  4  Beav.  GOG). 
But  in   Woodicard  v.  Miller,  IG  L.  J.  Ch.  IG  ;  10  Jur. 
1027,  the  defendant  paid  the  costs  of  investigating  the 
title,  which  the  Court  thought  under  the  circumstances 
unnecessary.     The  Court  looks  to  the  real  subject-matter 
of  the  litigation,  and   where   it   is  manifest  that,   if  the 
further  abstract  or  particular  evidence  which  completed 
the  title  had  been  furnished,  the  suit  would  not  have  been 
avoided,  will  not  throw   costs  on  the  vendor  (Monro  v. 
Taylor,  8  Ha.  51  ;  S.  C.  affirmed  on  appeal,  3  Mac.  &  G. 
713).     So  if  the  reason  \\hy  the  title  was  not  completed 


250 


COSTS   IN'   PAIlTlcrLAU  AcTIOXS. 


or  the 
purchaser 
insisted 
on  other 
objections 


or  the 

particular 

objection 

was  not 

tiiken 

before 

action 

brought. 


was  because  the  defendant  insisted  on  other  objections  to 
the  title  on  which  he  failed,  especially  if  it  appears  that 
the  vendor  offered  before  suit  the  further  evidence  re- 
'  quired  in  chambers  {Long  v.  Collier,  4  Russ.  2G7 ;  Hol- 
luood  V.  Bailey,  ihid.  271)  ;  but  where  the  purchaser's 
objection  is  frivolous,  the  vendor  is  not  warranted  in  con- 
sidering it  unnecessary  to  make  out  further  title  {Wilkin- 
son V.  Hartley,  15  Beav.  183  ;  and  see  Lyle  v.  Lord 
Yarhorov fjh ,  Johns.  70).  Again,  if  a  purchaser  having 
made  various  objections  to  the  title,  all  of  which  have 
been  removed  before  action  brought,  afterwards  raises  an 
objection  which  he  might  have  taken  but  did  not  take 
before,  the  mere  circumstance  of  an  objection  so  taken 
not  having  been  removed  until  after  the  suit  was  instituted 
will  not  determine  the  question  of  costs  {Lyle  v.  Lord 
Yarborough ;  Freer  v.  Hesse,  4  De  G.  M.  &  G.  497).  In 
Fhillipson  V.  Gibbon,  G  Ch.  428;  40  L.  J.  Ch.  406;  19 
W.  R.  G61  ;  24  L.  T.  602,  a  fatal  objection  was  taken  by 
the  purchaser  late  in  the  suit  ;  the  vendor  ought  to  have 
known  of  the  defect  but  did  not ;  the  purchaser  would 
have  discovered  it  if  he  had  inspected  the  property  before 
he  bought.  There  was  no  question  whatever  between  the 
parties  except  as  to  title,  but  the  plaintiff  had  refused  an 
offer  by  the  defendant  to  have  a  common  reference  to 
chambers  as  to  title.  The  Court  made  the  vendor  pay 
such  costs  as  had  been  unnecessarily  occasioned  by  him, 
and  gave  no  other  costs  to  either  party.  Where  a 
purchaser  took  a  fatal  objection  very  late  he  was  refu.sed 
his  costs  {Uppcrton  v.  Nicholson,  6  Ch.  436;  40  L.  J. 
Ch.  401 ;  19  W.  R.  733  ;  2-5  L.  T.  4j.  In  Badford  v. 
Willis,  7  Ch.  7 ;  41  L.  J.  Ch.  19  ;  20  W.  R  132  ;  25  L. 
T.  720,  the  Court  was  clearly  of  opinion  that  the  defen- 
dant's objection  was  unsustainable,  but  as  he  had  con- 
curred in  raising  the  question  in  the  simplest  and  cheapest 
way  no  costs  were  given. 

In  McXicJiol  V.  Kay,  4  W.  R.  801 ;  28  L.  J.  Ch.  20, 
where  the  purchaser  had  failed  in  disputing  the  contract 


ACriOK.S    FOR    SPECIFIC    PERrORMANCE.  257 

as  not  hand  fide,  it  was  held  that  he  must  pay  the  costs  of 
the  title  being  investigated  in  cliambers,  but  two  attend- 
ances only  Avere  allowed,  because  a  good  title  was  not 
shown  (apparently)  until  five  fresh  abstracts  had  been 
delivered.  ^Yhere  the  suit  was  originally  occasioned  by 
the  purchaser  resisting  his  liability  under  the  contract,  but 
he  submitted  after  the  bill  was  filed,  and  the  suit  went 
on  the  question  of  title,  the  plaintiff  having  refused 
evidence  which  he  afterwards  produced  paid  costs  up  to 
that  point  from  the  time  of  the  defendant's  submis- 
sion, but  the  defendant,  having  then  unnecessarily  forced 
the  suit  on  to  a  hearing,  paid  the  subsequent  costs 
{Parr  v.  Lovegrove,  4  Jur.  N.  S.  600).  The  Court  is 
not  concluded  from  giving  the  vendor  all  the  costs,  by 
the  fact  of  an  inquiry  having  been  directed  when  a 
good  title  was  first  shown,  though  it  turns  out  to  be 
after  action  brought  {Ahhott  v.  Sivordcr,  4  De  G.  &  S. 
460). 

If  a  purchaser  by  taking  possession  has  waived  investi-  Wheie  tho 
gallon  into  the  title,  a  decree  for  specific  performance  will  b7t!!kin.r 
be  made  against  him  with  costs  irrespective  of  the  title  possession 
(Fleetwood  v.  Green,  15  Ves.  594  ;  Margravine  of  Aiis-  Zhl^^hi, 
pack  V.  Noel,  1  Mad.  310  ;  Ilall  v.  Laver,  3  Y.  &  C.  191 ;  ^'^i^'^^^  the 
Peter  v.  NicoUs,  11  Eq.   391 ;  19  W.  R.  018  ;  24  L.  t!  *'^^°* 
381,  where  he  had  been  in  possession  upwards  of  twenty 
years) ;  especially  if  he  takes  possession  after  delivery  of 
an  abstract,  on  the  face  of  which  an   objection  appears 
(Burnell  v.  Broivn,  1  J.  &  W.  108).    But  if  the  purchaser 
takes  possession  at  the  vendor's  instance  he  is  relieved 
from  the  ordinary  consequences  {Vancouver  v.  Bliss,  11 
Ves.  463),     On  the  other  hand,  where  the  vendor  unsuc- 
cessfully insisted  that  the  purchaser  had  accepted  the  title, 
but  his  title  proved  good,  the  decree  was  made  without 
costs  {M'Queen  v.  Farquhar,  11  Ves.  407).     Where  the 
purchaser  had  retained  possession  for  several  years  without 
paying  the  purchase  money,  and  refused  either  to  accept 
the  title  or  give  up  the  agreement,  a  decree  to  have  the 

R 


or  some 
nollater 
matter. 


258  COSTS   IN   PARTICULAr.   ACTIONS. 

agreement  cancelled  was  made   against    him  with   costs 

{King  v.  King,  1  My.  &  K.  442). 
Where  Where  tlie  real  contention  in  the  cause  is  not  a  ques- 

tionTrthe  ^^^n  of  title,  but  one  affecting  the  contract  itself,  or  some 
suit  is  one  collateral  matter,  the  costs  usually  folhjw  the  event, 
the  con-  Thus,  whcre  the  defendant  insisted  that  the  contract  had 
tract  itself,  ^^qq^  abandoned  (Taylor  v.  Broini,  2  Beav.  180  ;  Bennett 

or  some  .    .  ,  .         , 

collateral  V.  Fowhi',  ibid.  302) ;  or  where  the  purchaser  resisted 
specific  performance  on  the  ground  of  overvalue  and  mi.s- 
rcpresentation  {Abbott  v.  Su'orJer,  4  De  G.  &  S.  4G0)  ;  or 
misdescription  {Nene  Valley  Commissioners  v.  Dmihley, 
4  Ch.  D.  1) ;  but  in  Bnrrovsx.  Lock,  10  Ves.  470,  a  contract 
for  purchase  at  an  undervalue  was  executed  at  the  pur- 
chaser's instance,  it  not  amounting  to  fraud,  but  without 
costs.  So  again,  where  the  vendor  has  been  guilty  of  mis- 
representation, though  without  fraud  {Vancouver  v,  Blias, 
11  Ves.  458;  Buxton  v.  Lister,  3  Atk.  382).  And  the 
Court  will  exercise  its  discretion  in  dismissing  an  action, 
and  with  costs,  on  the  ground  of  circumstances  which 
would  nevertheless  not  be  sufficient  to  cancel  the 
agreement  on  the  ground  of  fraud  {Davis  v.  Symonds, 
1  Cox,  402).  In  Salev.  Lambert,  18  Eq.  l,the  defendant, 
the  vendor,  set  up  the  Statute  of  Frauds  ;  but  specific  per- 
formance was  decreed,  and  he  was  ordered  to  pay  the  costs 
up  to  the  hearing.  In  Potter  v.  Dupiehl,  18  Eq.  4,  the 
statute  was  successfully  pleaded,  and  the  purchaser  having 
refused  a  reasonable  offer,  his  bill  was  dismissed  witli 
costs.  Unproven  charges  of  fraud,  according  to  the  ordi- 
nary rule  {ante,  p.  lOG),  will  be  visited  with  costs  ;  see 
Wright  V.  Howard,  1  S.  &  S.  190,  205,  where  the  vendor's 
bill  for  specific  performance  was  dismissed  with  costs  on 
the  ground  of  bad  title  and  delay,  except  as  to  so  much  of 
the  costs  as  were  occasioned  by  the  defendant's  charges  of 
fraud,  which  the  defendant  had  to  pay,  and  relief  was 
granted  on  the  defendant's  cross  bill  to  have  the  agree- 
ment delivered  up  to  be  cancelled,  but  without  costs, 
because  it  charged  fraud.     But  where  the  evidence  was 


ACTIOKS  FOR  SPECIFIC  PERFORMANCE.      259 

unsatisfactory  as  to  the  circumstances  under  which  a  con- 
tract was  signed  by  a  deceased  vendor,  a  bill  against  his 
heir-at-law  and  administratrix  was  dismissed  without  costs 
(Valentine  v.  Dickinson,  9  W.  R  625).  Where  there  has 
been  a  mutual  misunderstanding,  the  action  will  be  dis- 
missed without  costs  (Strafford  v.  Bosworth,  2  V.  &  B.  341) ; 
and  so  where  parol  evidence  of  mistake  was  admitted  in 
opposition  to  specific  performance  (Marquis  of  Town- 
shend  v.  Stanr/room,  G  Ves.  328).  And  if  the  defendant 
does  not  raise  his  objection  to  specific  performance  till  he 
puts  in  his  defence,  he  will  get  no  costs  {Winch  v.  Win- 
chester, 1  V.  &  B.  375).  If  parol  evidence  to  vary  the 
contract  is  introduced  by  the  defendant,  the  action  should 
strictly  be  dismissed,  and  therefore  if  the  Court  makes  a 
decree,  at  the  plaintiff's  desire,  for  the  specific  performance 
of  the  contract  according  to  the  defendant's  evidence,  the 
plaintiff  must  pay  the  costs  {Fife  v,  Clayton,  13  Ves.  5-4G ; 
Mortimer  v.  Orchard,  2  Ves.  Jun.  243).  But  the  Court 
will  not  receive  parol  evidence  to  vary  the  contract  from 
the  plaintiff,  and,  therefore,  a  bill  for  specific  performance 
of  a  contract  with  parol  variations,  though  left  out  by 
fraud,  was  dismissed,  but  without  costs  (Wollam  v.  Hearn, 
7  Ves.  211).  In  Deller  v.  Simonds,  5  Jur.  N.  S.  997, 
specific  performance  was  decreed,  but  without  costs  on 
account  of  the  difficulty  of  the  construction  of  the  con- 
tract. But  the  Court  requires  the  parties  to  be  active  in 
asserting  their  rights,  and  will  punish  delay  by  refusing 
costs  (Grover  v.  Hugell,  3  Russ.  428  ;  Biirhe  v.  Smyth, 
3  J.  &  L.  193  ;  Barrettv.  Pearson,  2  B.  &  B.  189  ;  Deane 
V.  Lord  Waterford,  1  Sch.  &  L.  451  n.  ;  Nunn  v.  Fahian, 
1  Ch.  35).  Where  there  had  been  great  delay  on  the  part 
of  the  defendants  the  costs  were  reserved  {Qunston  v. 
East  Gloucestershire  Ry.  Co.  18  L.  T.  8).  And  where 
both  parties  had  slept  on  their  rights  until  recourse  to  the 
Court  was  unavoidable,  no  costs  were  given  on  either  side, 
though  the  plaintiff  succeeded  on  the  only  real  question  in 
the  suit  {Wallis  v.  Bastard,  4  De  G.  M.  &  G.  251).     In 

9   2 


2  GO 


COSTS    IN    PARTICULAR    ACTIONS. 


Whero 
specific 
perform- 
ance with 
compensa- 
tion is 
sou''ht. 


Cuivell  V.  Watts,  2  H,  &  T\v.  224,  specific  performance  of 
a  parol  agreement  was  refused,  on  the  grounds  of  the 
plaintiff's  delay  and  acquiescence,  with  costs  generally, 
but  the  defendant  was  disallowed  the  costs  of  setting  up 
the  Statute  of  Frauds,  and  denying  part  performance. 
Where  one  of  two  defendants  claimed  under  an  alleged 
prior  contract,  a  decree  was  made  with  costs  in  favour  of 
the  plaintiff,  but  a  declaration  was  inserted  that  as 
between  the  defendants  the  costs  should  be  borne  by  the 
one  who  made  the  claim  {Wilson  v.  Thomson,  20  E(|. 
450  ;  23  W.  R.  744).  Negotiations  after  the'contract,  with 
a  view  to  an  amicable  compromise,  do  not  affect  the  right 
to  specific  performance,  but  may  affect  the  costs  (Bunninr/ 
V.  Bimning,  1  L.  J.  Ch.  (O.  S.)  56 ;  Poicell  v.  Martyr,  8 
Ves.  14G) ;  but  see  on  this  point,  a)ite,  p.  105.  Where  the 
plaintiff  filed  his  bill  after  an  appointment  had  been  made 
for  completion  of  the  purchase,  and  the  only  question 
between  the  parties  was  as  to  costs,  he  was  ordered  to 
pay  all  the  costs  of  the  suit  {Cheater  v,  MetropoJltan  Ry. 
Co.,  13  W.  R  333 ;  11  L.  T.  G(39 ;  11  Jur.  N.  S.  214). 

Where  the  plaintiff  claims  specific  performance  with 
compensation,  and  foils  on  that  point,  he  must  pay  costs, 
though  a  decree  is  made  for  specific  performance  generally 
{Feirster  v.  Turner,  11  L.  J.  Ch.  101,  where  the  question 
of  compensation  was  the  only  one  in  the  cause,  and  the 
plaintiff"  paid  all  the  costs  ;  Lyie  v.  Lord  Yarhoroiujli, 
John.  70,  Avhcre  the  bill  was  dismissed  so  far  as  related 
to  compensation,  with  the  costs  of  so  much  of  the  suit  as 
related  to  that  claim)  ;  and  so  also  where  the  action  is 
dismissed  altogether  {Williams  v.  Edwards,  2  Sim.  78). 
Where  a  claim  for  compensation  failed  because  the  Court 
thought  the  representation  in  the  particular  likely  to  mis- 
lead, but  that  being  indefinite  it  should  have  put  the  pur- 
chaser on  inquiry,  no  costs  were  given  {Fenton  v.  Brown, 
11  Yes.  144).  But  where  a  purchaser  obtains  specific 
performance  with  compensation,  it  will  be  in  general  Avith 
costs  {Leyland  v.  Illingivorth,  2  De  G.   F.  &  J.  24S  ; 


ACTIONS    F01{    SPECIFIC    PERFOKMANCE.  261 

Gedge  v.  Duhe  of  Montrose,  1Q>  Beav.  45).     In  Powell  v. 
Elliot,  10  Ch.  424;  23  W.  R.  777;  33  L.  T.   110,  the 
vendors  sued   for   specific  performance;    the   purchasers 
alleged  misrepresentation   as  to  value,  and  instituted   a 
cross  suit  for  rescission  of  the  contract  on  this  ground. 
Specific  performance  was  decreed,  ])ut  with  a  considerable 
abatement,  and  it  was  held  that  the  vendors  must  pay  all 
the  costs  of  the  suits.     Where  the  purchaser  claimed  to 
have  comprised  in  the  agreement  a  piece  of  land  which 
was   covered   by    the    description,   but    was   not   in   the 
contemplation  of  either  party,  the  bill  was  dismissed  with 
costs   {Calverley  v.    Williams,    1    Yes.   Junr.  210).     So 
costs  will  follow  the  event,  Avhere  the  question  is  as  to  the  Where  the 
payment  of  interest  on  the  purchase  money  (Fludyer  v.  ^"«^*'o°  i^ 
Cocker,  12  Ves.  25  ;   Williams  v.  Glenton,  1  Ch.  200;  but  menVof' 
see  Poirell  v.  Martyr,  8  Yes.  146  ;  Sherunny.  Shakspeare,  '"*°'''*- 
17  Beav.  267 ;  5  De  G.  M.  &  G.  517). 

It  is  now  settled  that  if  a  vendor  dies  before  the  com-  costs  of 
pletion  of  the  contract  intestate,  and  leavino-  an  infant  '^^^^^^ 
heir,  no  costs  of  the  necessary  action  for  specific  perform-  by""  vendS 
ance  are  given   to  the  purchaser   or  the  legal  personal  P^""^  ^'^" 
representative  of  the  vendor,  but  the  costs  of  the  infant  rktion^" 
heir  will  be  paid'  out  of  the  purchase  money  (Barker  v.  IXn?''" 
Venahles,  34  L.  J.  Ch.  420;  13  W.  R.  803  ;  11  Jur.  N.  heir; 
S.  480  ;  Scott  v.  Scott,  11  W.  R.  766 ;  13  W.  R.  803,  n. ; 
Hanson  v.  Lake,  2  Y.   Sc  C.  C.   C.  328  ;    Armitage  v. 
Askham,  1  Jur.  N.  S.  227  ;  Hodson  v.  Carter,  1  N.  R. 
]  79  ;  Loinjinotto  v.  Morss,  26  L.  T.  828).     The  earlier 
cases    of    Prytharch    v.    Havard,    6    Sim.    9,   Midland 
Counties  Rail.  Go.  v.  Westcomb,  11  Sim.  57,  and  Eastern 
Counties  Rail.  Co.  v.  Tufnell,  3  Ry.  Ca.  133,  where  the 
costs  were  allowed   out  of  the  purchase  money,  are  over- 
ruled.     So  where    the  vendor   became  a  lunatic  before  or  becom- 
completion  {Cresswell  v.  Haines,  8  Jur.  N.  S.  208).     But  ju^atic  • 
where  the  vendor  has  devised  the  estate  to  an  infant,  or  or  deviling 
in  such  a  manner  that  a  suit  is  necessary,  his  estate  must  [^^^" 
bear  the  costs,  at   least  if  the  will  be  made  after  the  '"  ''''  * 


262  COSTS    IN    PARTICULAR   ACTIONS. 

contract  (Purser  v.  Darhj,  4  K.  &  J.  41 ;  Sanderson  v. 
Chadiuid;  2  N.  K.  414) ;  but  if  the  will  was  made  before 
the  contract,  no  costs,  it  seems,  should  be  given  (Murdin 
v.Patey,  1  N.  R.  506;  London  I-  South  Western  Rail 
Co.v.BrkJger,  12  W.  R.   948;  4  N.  R  261).     But  this 
distinction  does  not  appear  to  have  been  taken  in  the 
older   cases,   the    decisions   in    which,  however,   are    not 
always  consistent :  see  Farrar  v.  Lord  Winterton,  4  Y.  Sc 
C.  472  ;  Wortham  v.  Lord  Dacre,  2  K.  c*^-.  J.  437,  where 
the  vendor's  estate   paid   the   costs,  though  it  does  not 
appear  when  the  will  was  made  ;  and  Hinder  v.  Streeton, 
10  Ha.  18  ;  Bannernuin  v.  Clarke,  3  Prcw.  632,  where  no 
costs  were  given.     See  also  H7a7c  v.  Bech;  Ir.  R.  6  Eq.  63  ; 
20  W.  R.  275  ;  and  Hall  v.  BusJiill,  14  W.  R.  405,  where 
Bannennan  v.  ClarJcewas  followed.     In  WiUianisy.  Glen- 
ton,  1  Ch.  200,  the  vendor  by  will  dated  after  the  contract 
devised  the  estate  to  infants,  two  of  whom  were  his  heirs. 
Great  delay  took  place,  and  at  length  the  vendor's  repre- 
sentatives filed  a  bill  for  specific  performance,  the  pur- 
chaser being  willing  to  complete  but  not  to  pay  interest. 
The  Master  of  the  Rolls  decreed  specific  performance  and 
ordered  the  defendant  to  pay  interest  and  all  the  costs* 
On   appeal,   however,    it    was    held    that   the   purchaser 
should  not  have  been   ordered  to  pay  all  the  costs,  but 
only  the  costs  of  so  much  of  the  suit  as  related  to  the 
interest  ;  as  to  the  costs  of  the  suit  so  far  as  it  related  to 
frettins:  in  the  lesral  estate   from   the  infants,  the  Lords 
Justices  differed  in  opinion,  L.  J.  Knight  Bruce  thinking 
they  should  fall  entirely  on  the  vendor  ;  L.  J.  Turner  that 
under  the  circumstances  no  costs  should  be  given  ;  and 
therefore  d£50  was  allowed  to  the  purchaser  in  respect  of 
these  costs.     The  costs  of  the    infants  came  out  of  the 
Purchaser    purchase  monev.     Where  the  purchaser  died  before  com- 
dyins         nletion  intestate,  leaving  an  infant  heir,  the  costs  of  a 
suit  by  the  vendor  against  the  heir  and  administratrix  for 
a  resale,  including  the  costs  of  the  heir  to  be  paid  by  the 
plaintiff  in  the  first  instance,  were  ordered  to  be  paid  by 


ACTIONS   FOR    SPECIFIC    PERFORMANCE.  263 

tlie  administratrix  (Popple  v.  Henson,  o  De  G.  &  S.  31S). 
But  where  the  non-completion  in  the  vendor's  lifetime  has 
been  caused  by  the  purchaser's  delay,  he  must  pay  the 
costs  {Barrett  v.  Pearson,  2  B.  &  B.  189).  The  costs  of 
a  suit  against  a  vendor's  infant  heir  or  devisee  are  costs 
occasioned  by  adverse  litigation  within  the  meaning  of 
the  80th  section  of  the  Lands  Clauses  Consolidation  Act 
(Armitage  v.  AsJdunn,  1  Jur.  N.  S.  227  ;  .and  see  2'>ost, 
p.  28.5,  n.). 

Where  the  trustee  for  the  vendor  refused  to  convey,  Where 
and  was  made  defendant  to  a  bill  for  specific  performance,  J^^^^^J^^ 
filed  by  the  vendor,  he  was  ordered  to  pay  all  the  costs,  or  heir  at 
including  those  of  the  purchaser  (Jones  v.  Leiuis,  1  Cox,  IXses  to 
199)  ;  but  if  the  purchaser  insists  on  inquiries  as  to  title,  convey. 
he  must  pay  the  costs  subsequent  to  the  hearing  (Allen 
V.  Ciwrie,  1  L.  J.  Ch.  (0.  S.)  135).     The  heir  at  law  of  a 
deceased  vendor  had  in  like  manner  to  pay  the  costs  of 
a  suit  for  specific  performance  by  the  executor,  he  having 
refused  to  convey  and  being  a  bare  trustee  (Hoddel  v. 
Piujh,  12  W.  R.  782). 

A  public  company  Avill  not  be  entitled  to  the  costs  of  a  Public 
suit  for  specific  performance,  if  they  could  have  derived  <^°?n^auy 
the   same    advantages   by   proceedings   under   their   Act 
(Regenfs  Canal  Co.  v.  Ware,  23  Beav.  575). 

Where  a  purchaser's  action  is  dismissed  with  costs,  an  Deposit 
api^lication  to  set  off  the  deposit  will  be  refused  (  Williams  J^°"  J'  ^^ 
V.  Edwards,  2  Sim.  78)  ;  although  a  refusal  by  the  vendor  against 
to  return  it  may  influence  the  costs  (Gee  v.  Pearse,  2  De  ^°''*^" 
G.  &  S.  o25)  ;  and  see  as  to  the  return  of  the  deposit, 
Sugd.  V.  &  P.  55  ;  Dart,  V.  &  P.  1122;  and  Rede  v.  Oakes, 
2  De  G.  J.  &  S.  518  ;  5  N.  K  209 ;  11  L.  T.  549.     Where 
the  auctioneer  was  ordered  to  pay  the  deposit  into  Court,  Costs  of 
he    was   allowed   to   jleduct   all    his   costs,   charges,   and  -"^"ctioneer. 
expenses  (Annesley   v.  Miiggridge,  1  Mad.  593  ;    Yates 
V.  Farehrother,  4:  Mad.  239).     But  it  is  now  settled  that 
no  person  not  a  party  to  the  contract  should  be  a  party  to 
a  suit  for  specific  performance  (TasJcer  v.  ^mall,  3  My.  & 


264  CObTS    IN    PARTICULAR    ACTIONS. 

C.  G3  ;  De  Hogldon  v.  Money,  2  Ch.  164).  Where,  how- 
ever, a  bill  Avas  filed  for  specific  performance  against  a 
railway  company  which  had  leased  its  line  to  another 
railway  company  who  were  working  it  under  a  Parlia- 
mentary title,  the  lessee  company  were  held  to  be  neces- 
sary parties,  and  were  ordered  to  pay  their  own  costs 
(Goodford  v.  Stonehouse  Ry.  Co.,  20  L.  T.  137 ;  Bishop 
of  Winchestei'  v.  Mid  Hants  R>/.  Co.,  5  E(i.  17  ;  17  L.  T. 
161). 
Other  In  Macl-reU  v.  Hunt,  2  Mad.  34,  n.,  the  purchaser  was 

^°^  ^'  allowed  the  costs  of  a  suit  to  perpetuate  the  testimony  to 
the  execution  of  a  will.  Where  the  misstatement  of  the 
vendors  that  a  will  had  been  proved  occasioned  a  suit  to 
secure  it,  the  vendors  had  to  pay  the  costs  of  the  suit 
{Harrison  v.  Cqfpard,  2  Cox,  318).  Where  after  a  suit  for 
specific  perform.Mncc  the  vendor  opposed  several  bills  in 
Parliament  to  protect  his  rights,  and  then  nn  arrangement 
was  made  for  payment  by  the  company  of  his  "  principal 
interest  and  costs,"  the  parliamentary  costs  were  held  to 
be  included  {Cooper  v.  London,  Chatham  and  Dover  Ry, 
Co.,  17  L.  T.  283). 
Costs  Where  the  vcmdor  brought  an  action  claiming  a  declara- 

from  tion  that  the  contract  was  at  an  end,  and  the  purchaser 

purchase-    counterclaimed  for  specific    i)crformance  of  the  contract, 
money.  .  .  i  •  i 

and  had  judgment  with  costs  on  hoth  chum  and  counter- 
claim, it  was  held  that  he  might  deduct  his  costs  from  his 
purchase  money  in  priority  to  a  mortgage  of  the  plaintiff, 
■whose  mortgafre  had  been  created  after  the  contract  but 
before  the  action  {Green  v.  Scvin,  13  Ch.  D.  589). 


CHAPTER   V. 

COSTS   UNDER   PARTICULAR   ACTS   OF   PARLIAMENT. 

The  combined  effect  of  the  Judicature  Act,  and  of 
R.  S.  C.  Ord.  LY.  r.  1,  is  to  repeal,  with  certain  specified 
exceptions, all  previous  Acts  directing  costs  to  follow  certain 
rules,  without  leaving  the  Court  a  discretion  ;  and,  where 
a  previous  Act  contains  no  provision  as  to  the  costs  of 
proceedings  under  it,  to  supply  the  omission  by  leaving 
the  costs  in  the  discretion  of  the  Court  (Garnett  v. 
Bradley,  3  App.  Cas.  944 ;  48  L.  J.  Ex.  186  ;  26  W.  R. 
698;  89  L.  T.  261  ;  Ex  parte  Mercers  Co.,  10  Ch.D.  481; 
48  L.  J.  Ch.  384;  27  W.  R.  424;  Morris  v.  Freeman,  3 
P.  D.  65  ;  47  L.  J.  P.  D.  &  A.  79  ;  27  W.  R.  62  ;  39  L.  T. 
125).  No  doubt  the  Court  will,  as  a  general  rule,  follow 
the  rules  as  to  costs  prescribed  by  the  particular  Act 
under  which  the  proceedings  are  taken,  as  explained  and 
illustrated  by  the  decided  cases;  but  there  is  no  obliga- 
tion upon  it  to  do  so.  The  right  of  a  trustee,  mortgagee, 
or  other  person,  according  to  the  old  practice  in  Chancery, 
to  costs  out  of  a  fund,  is,  however,  preserved  (R.  S.  C. 
Ord.  LV.  r.  1). 

Sect.  I. — Costs  ander  the  Companies  Acts. 

By  s.  86  of  the  Companies  Act,  1862  (25  &  26  Vict.  Costs  of 
c.  89),  the  Court,  upon  hearing  a  petition  for  windinr--  up  ^"itl'Dg- 

T--^-,i  •,,''  ,  *      J^  '  up  petition. 

may  dismiss  it  with  or  without  costs,  or  make  any  other 
order  it  deems  just. 

The  general  rules  with  respect  to  the  costs  of  a  wind- 
ing up  petition  are  as  follows  : — 

Where  the   Court  makes  the  order,  the  costs  of  the  Where  the 


266  COSTS   UNDER   PARTICULAR   ACTS. 

order  is       petitioner  and  of  the  company  are  given  out  of  the  estate  ; 
^  sliarebolders  who  appear  and  support  the  petition  have 

one  set  of  costs  among  them  (of  course  out  of  the  estate), 
and  creditors  have  another  set,   which    Lord    Westbury 
stigmatised  as  "a  very  bad  practice  indeed"  {Gardiner's 
Case,  L.  T.  Eur.  Arb.  GO) ;  persons  who  appear  and  oppose 
have  no  costs  (Re  Humher  Ironiuorks  Co.,  2  Eq.  15  ;  Re 
European  Banldwj   Co.,  ibid.  521  ;  Re   Oriental  Com- 
mercial Bank,  U  L.  T.  755  ;  W.  N.  (1806),  283,  312  ;  15 
L,  T.  8,  where,  however,  all  parties  served  had  their  costs). 
Where  the       Where  the  petition  is  dismissed  with  costs,  the  peti- 
refuseci.      tioner  pays  the  costs  of  the  comjoan}-  opposing  the  peti- 
tion, and  also  the  costs  of  any  persons  who  appear  and 
successfully  refute  unfounded  charges  made  against  them 
personally ;  and  (though  a  different   rule  was  laid  down 
on  this   point   in    Re   Humher  Ironworks  Co.  and    Re 
Anglo-Gi'eek  Steam  Co.,  2  Eq.  1),  shareholders  who  ap- 
pear and  oppose  are  entitled  to  one  set  of  costs  between 
them,  and  creditors  who  appear  and  oppose  are  in  like 
manner    entitled    to   another    set    (Re    Humher    Iron- 
tvorks  Co. ;  Re  European  Banking  Co. ;  Re  Marlborough 
Club  Co.,  I  Eq.  21 G;   Re  Anglo-Greek  Steam  Co.;  Re 
Anglo-Egyptian  Navigation  Co.,  8  Eq.  660).      Whether 
the  petition  is  by  a  shareholder  or  a  creditor  makes  no 
difference  {Re  Kew  Gas  Co.,  5  Ch.  D.  703  ;  25  W.  R.  643 ; 
Re  Diamond  Fuel  Co.,  W.  N.  (1878),  11).     See  also  Re 
European  Life  Assurance  Society,  10  Eq.  403  ;  22  L.  T. 
785 ;  Re  London  c&  Suburban  Bank,  19  W.  R.  88  ;  23 
L.  T.  447 ;  Ex  parte  Fox,  6  Ch.  176 ;  Re  Carnarvonshire 
Slate  Co.,  40  L.  T.  35 ;  Re  Bosworthon  Mining  Co.,  26  L. 
J.   Ch.  612  ;  Re  London  Permanent  Benefit  Building 
Share-        Society,  W.  N.  (1869),  51.     But  these  rules  are  not  in- 
crc'iUors"    flexible,  and  the  Court  will  be   guided  by  the  circum- 
iiot entitled  gi^ances  of  eacli  particular  casc ;  see  Re  Anglo-Egyptian 
costs  as  of   Navigation  Co.,  8  Eq.  660;  Re  Albion  Bank,  15  W.  R. 
j-ii^ht.         ^^g  .  15  L.  T.  346 ;   W.  N.  (18GG),  388  (where  three  sets 
pf  costs  were  allowed  to  shareholders) ;  Re  City  Glass  Co., 


COSTS   UNDER   THE    COMPANIES   ACTS.  267 

W.  N.  (1874),  IIG  (where  no  costs  Avere  allowed  to  credi- 
tors and  shareholders  who  unnecessarily  appeared  sepa- 
rately) ;  Re  Star  d;  Garter  Hotel  Co.,  28  L.  T.  258  ;  W. 
N.  (1873),  74.  And  in  Re  Hull  &  County  Bank,  10  Ch. 
D.  130  ;  27  W.  R.  377,  the  Master  of  the  Rolls  said  he  by 
no  means  assented  to  the  proposition  that  creditors  ap- 
pearing on  a  petition  to  wind  up  were  entitled  to  their 
costs  as  of  right,  and  refused  costs  to  a  creditor  who  ap- 
peared without  any  sufficient  reason  ;  see  also  Re  Mili- 
tary Tailoring  Co.,  47  L.  J.  Ch.  141 ;  26  W.  R.  75  ;  W.  N. 
(1877),  248.  In  Re  Alliance  Contract  Co.  W.  N.  (1867), 
218,  no  order  was,  under  the  circumstances,  made  on  the 
petition  except  that  the  company  should  pay  the  costs. 

Secured  creditors  are  entitled  to  share  in  the  set  of  Secured 
costs  allowed  to  creditors  who  support  the  petition  with-  cre^litors. 
out  first  electing  whether  to   give  up  or  rely  on  their  se- 
curities {Re  Carmarthenshire  Coal  Co.,  45  L.  J.  Ch.  200  ; 
W.  N.  (1875),  243 ;  see  Judicature  Act,  1875,  s.  10). 

A  provisional  liquidator,  although  served,  is  not  in  Provisional 
general  entitled  to  his  costs  of  appearing  upon  the  peti-  ^iq"i'l''^toi"' 
tion  {General  International  Agency  Co.,  36  Beav.  1 ;  34 
L.  J.  Ch.  337;  5  N.  R.  625  ;  13  W.  R.  363).  See,  how- 
ever, Re  European  Banking  Co.,  2  Eq.  521,  where,  under 
the  circumstances,  he  was  allowed  his  costs ;  and  see  also 
Re  Times  Life  Assurance  Co.,  9  Eq.  382. 

The  petitioner's  costs,  including  the  costs  of  establishing  Petitioner's 
his  debt,  where  disputed  {Re   Universal  Insurance  Co.,''^^^.^^!''''^ 
W.  N.  (1S75),  54  ;   19  Eq.  485),  are  the  first  charge  upon 
the  estate,  and  must  be  paid  in  full  in  priority  to  the  costs 
of  the  official  liquidator  {Re  Audley  Hall  Cotton  Co.,  6 
Eq.  245)  ;  and,  where  he  is  a  debtor  to  the  company  in  Without 
respect  of  unpaid  calls,  without  any  set-off  of  such  calls  ^^^"°''' 
against  the  costs  {Re  General  IJxchange  Bank,  4  Eq.  138). 
But  no  one  else  is  entitled  to  priority  over  any  other 
person  to  whom  costs  are  also  ordered  to  be  paid  merely 
because  his  order  is  dated  first  {Re  Marlborough  Club  Co. 
6  Eq.  519;  and  see  /S'/a'p'i'  Case,  13  W.  R.  1016). 


2G8    •  COSTS   UNDER    PARTICULAR   ACTS. 

Petitioner  Where  a  creditor,  who  has  presented  a  petition,  dis- 
Jetition!"^  misses  it  at  the  hearing,  the  dismissal  will  be  with  costs, 
and  creditors  (not  served)  who  appear  to  oppose,  are  en- 
titled to  their  costs  of  appearance  {Re  Patent  Cocoa  Fibre 
Co.,  1  Ch.  D.  617;  Re  Marlborough  Club  Co.,  1  Eq.  216; 
Re  Home  Assurance  Association,  12  Eq.  59  ;  Re  Here- 
ford Waggon  Co.,  17  Eq.  423 ;  Re  Flagstaff  Co.  of  Utah, 
20  Eq.  268).  A  creditor  proceeding  with  his  petition 
after  an  otler  to  satisfy  his  debt  and  costs,  will  be  allowed 
no  costs  subsequent  to  the  offer  {Times  Life  As^-urance 
Co.,  9  Eq.  382 ;  Re  Imperial  Assurance  Society,  ibid., 
447).  Where  the  petition  was  properly  presented  in  the 
first  instance,  though  subsequently  withdrawn,  the  costs 
were  allowed  (Re  Railway  Finance  Co.,  14  W.  R.  78o). 
AVandoned  If  the  petition  is  advertised  in  the  usual  way,  and  then 
pc  1  lou.  y^lDandoncd,  creditors  who  appear  are  entitled  to  one  set  of 
costs  (Re  Anglo-Virginian  Lond  Co.,  W.  N.  (1880), 
155).  But  where  the  petition  was  never  served  on  the 
company,  and  both  the  company  and  a  creditor,  who  ap- 
plied for  a  copy  of  the  petition,  were  informed  of  the 
abandonment,  and  an  undertaking  was  offered  that  there 
should  be  no  further  proceedings  upon  the  petition,  no 
costs  were  allowed  cither  to  the  company  or  the  creditor 
{In  re  Quartz  Hill  Co.,  W.  N.  (1882),  27). 

Where  a  shareholder'.s  petition  had  been  dismissed  with 
costs,  to  be  paid  by  the  petitioners  to  the  company,  and 
before  payment  the  company  was  ordered  to  be  wound 
up  on  a  creditor's  petition,  but  in  consequence  of  a  liqui- 
dator not  having  yet  been  appointed,  no  discharge  could 
be  given  for  the  costs,  the  company's  solicitor  was  ap- 
pointed provisional  liquidator  to  receive  the  costs,  on  his 
making  an  affidavit  that  they  had  not  been  paid  to  him 
(Re  Langham  Skating  Rink  Co.,  6  Ch.  D.  102). 
Petition  A  petition  for  winding  up  a  company  may  of  course  be 

wHhoiiT'     dismissed  without  costs;  sec  Re  Albert  Life  Assurance 
costs.  Co.,Q  Ch.  381,  where  a  beneficial  scheme  of  reconstruction 

was  proposed,  which,  however,  it  was  held  the  Court  had 


COSTS   UNDER   THE    COMPANIES   ACTS.  269 

no  jurisdiction  to  sanction  ;  Re  Great  Korthern  Copper 
Mining  Co.,  14  W.  R.  705,  where  the  petitioner  had  a 
bond  fide  case  at  the  time  he  presented  the  petition  ;  Re 
London  Suburban  Bank,  15  Eq.  274.  So  where  a  credi- 
tor's petition  was  dismissed  because  opposed  by  the,  great 
mass  of  the  creditors,  but  the  latter  had  stood  by  and 
made  no  sign  till  the  actual  hearing  of  the  petition  when 
they  came  forward  and  opposed  it,  the  dismissal  was  with- 
out costs  {Re  Horbury  Bridge  Coal  Co.,  W.  N.  (1879),  51). 

The  following  rule  has  been  laid  down  as  to  costs  where 
there  are  two  petitions  : 

Where  a  creditor  has  presented  a  winding  up  petition,  Coats  of 
and  another  creditor,  being  aware  of  the  presentation  of  petitions 
the  fii'st  petition,  chooses  to  present  a  second,  he  does  so  tycredi- 
at  his  own  risk  as  to  costs.  If  it  turns  out  that  the  first 
petition  was  not  bond  fide,  but  presented  only  with  the 
object  of  protecting  the  company  against  the  claims  of  the 
other  creditors,  it  is  a  matter  of  course  that  that  petition 
should  be  dismissed  with  costs,  and  a  winding  up  order 
made  on  the  second.  But  if  the  first  petition  is  bond  fide, 
then  the  second  petition  is  dismissed  with  costs ;  per 
Jessel,  M.  E..,  in  Re  Xortoii  Iron  Co.,  47  L.  J.  Ch.  9  ;  and 
see  also  Re  Accidental  Co.,  ex  parte  Rasch,  30  L.  J.  Ch. 
75  ;  15  L.  T.  173  ;  Re  Joint  Stock  Coal  Co.,  8  Eq.  146  ; 
Re  Empire  Assurance  Corporation,  16  L.  T.  341  ;  ex 
parte  Turner,  3  De  G.  &  Sm.  127;  Re  Northfleet  Brick 
Co.,  W.  N.  (1880),  83. 

In  Re  Commercial  Discount  Co.,  Coopers  Case,  1  N.  R. 
416  ;  32  Beav.  198  ;  Re  Humber  Ironworks  Co.,  2  Eq.  15  ; 
Re  Marron  Paper  Co.,  38  L.  T.  140  ;  W.  N.  (1878),  12, 
(where  a  petition  after  being  advertised  and  coming  on  for 
hearing  stood  over  generally,  and  six  months  afterwards  a 
creditor  presented  a  second  petition  in  ignorance  of  the 
first) ;  Re  Owen's  Wheel  Co.,  22  W.  R.  151  ;  29  L.  T.  672  ; 
and  Re  London  and  Australian  Agency  Co.,  22  W.  R, 
45  ;  29  L.  T.  417,  the  costs  of  successive  petitions  were 
allowed.     See  ix\^o  Re  European  Banking  Co.,  2  Eq.  521). 


270  COSTS   UNDER    PARTICULAR   ACTS'. 

"Where  an  appeal,  nominally  that  of  the  company  but 
really  that  of  the  directors,  against  a  winding-up  order  was 
dismissed,  the  order  was  that  the  respondent  should  have 
his  costs  out  of  the  estate,  no  order  as  to  the  costs  of  the 
appellants  ;  inasmuch  as  the  simple  dismissal  of  the 
appeal  with  costs  would  have  given  the  directors  their 
costs  out  of  the  estate  {Re  Katiomd  Savings  Bank 
Association,  1  Ch.  547;  14  \V.  R  1005;  lie  Diamond 
Fuel  Co.,  28  W.  R  309  ;  41  L.  T.  373). 
Costs  of  By  s.  110  of  the  Companies  Act,  1862,  the  Court  may, 

tn'j'whure    "^  ^^^^  event  of  the  assets  being  insufficient  to  satisfy  the 
assets  are    liabilities,  make  an  order  as  to  the  payment  out  of  the 
*  estate  of  the  company  of  the  costs,  charges,  and  expenses 
.   incurred   in   winding  up  any   company  in  such   order  of 
priority  as  the  Court  thinks  just.     This  applies  to  costs 
incurred  by  the  liquidator  in  the  course  of  the  winding 
up  ;  the  Court  has  no  jurisdiction  to  order  payment  out  of 
the  assets  of  costs   incurred  by  shareholders  not   repre- 
senting the  company  who  have  commenced  an  action  on 
their  own  responsibility  and  continued  it  without  obtaining 
leave  in  the  winding  up  {Be  Hull  Drapery  Co.,  15  Ch.  D. 
326;  29  W.  R  164). 
Order  of  As  to  the  Order  in  which  the  costs  incurred  in  relation 

costs'"  *  °^  ^^  ^^^^  winding  up  of  a  company  are  payable  out  of  the 
assets,  the  general  rule  is  that  in  the  first  place  the  costs 
of  the  petition  for  winding  up  must  be  paid  ;  next,  the 
general  costs  of  the  winding  up  (which  includes  the  solici- 
tor's bill  of  costs)  ;  and  thirdly,  the  remuneration  of  the 
official  liquidator ;  but  no  remuneration  can  be  given  him 
until  all  the  costs  of  the  winding  up  are  paid,  including 
the  costs  of  any  provisional  liquidator  who  may  have  been 
properly  appointed  {Re  Massey,  9  Eq.  367  ;  and  see  Re 
Official  Trueman's  Estate,  \-^Y>i\.  278).  The  official  liquidator  is 
hiuKhitor.  -^^  ^^  ^^,^y  personally  liable  to  his  solicitor  for  the  co.sts 
{Re  Anglo-Moravian  Ry.  Co.  (C.  A.),  1  Ch.  D.  130) ;  nor, 
it  would  seem,  is  a  voluntary  liquidator  {Re  Trueman's 
Estate).  Where  the  official  liquidator  changes  his  solicitor 
and  the  assets  are  not  suffxient  to  pay  the  whole  of  the 


COSTS    UNDpm   THE    COMPANIES   ACTS.  271 

costs,  the  different  solicitors  are  entitled  to  be  paid  jjcn'i 
■passu  (He  Audley  Hall  Spinnhig  Co.,  6  Eq.  245  ;  37  L.  J. 
Ch.  904).  As  to  the  solicitor's  lien  on  a  fund  recovered 
by  him,  see  Re  Massey,  9  Eq.  307.  An  official  liquidator 
who  has  incurred  costs  in  litigation  will  have  them  out  of 
the  estate,  if  they  have  been  properly  incurred  {ex  jxirte 
Bentley,  12  Ch.  D.  850  ;  49  L.  J.  Ch.  240 ;  28  W.  R.  165); 
but  an  order  on  him  to  pay  costs  simply,  without  more, 
means  that  he  is  to  pay  them  out  of  his  own  pocket  in  the 
first  instance  {Grand  Trunk  Ry.  Co.  v.  Brodie,  3  De  G. 
M.  &  G.  146 ;  Consols  Insurance  Co.  v.  }Yood,  2  Dr.  & 
Sm.  353 ;  and  see  Caldivell  v.  Ernest,  27  Beav.  39 ; 
Ferrao's  Case,  9  Ch.  355).  If  they  have  been  properly 
incurred  he  will  have  them  over  out  of  the  assets.  In  the 
absence  of  any  special  direction,  an  official  liquidator  is 
not  entitled  to  have  his  costs  taxed  as  trustee's  costs  (i?e 
East  Holyford  Mining  Co.,  Ir.  R.  10  Eq.  361). 

An  official  liquidator  who  omits  to  furnish  the  Court 
with  the  necessary  documents  will  lose  his  costs  {Drmn- 
mond's  Case,  21  L.  T.  317). 

A  liquidator  is  not  entitled  to  make  any  payment  to  his 
solicitor  without  the  sanction  of  the  Court,  and  the  solici- 
tor cannot  set  off  his  costs  against  funds  recovered  through 
his  own  exertions  {Re  Union  Cement  Co.,  20  W.  R.  361  ; 
26  L.  T.  240). 

The  practice   as  to  the  costs  of  official  liquidators  on  Costs  of 
appeals  has  not  been  uniform,  but  the  present  rule  has  i^qu||iator 
been  stated  to  be  as  follows : — "The  result,  therefore,  of  the  o"  appeals. 
authorities  appears  to  be  that  the  Court  of  Appeal  will 
now  never  order  payment  of  the  official  liquidator's  costs 
out  of  the  estate  when  he  is  unsuccessful,  and  if  costs  are 
given  against  him,  will  order  him  personally  to  pay  them ; 
the  effect,  of  course,  being  to  leave  it  to  the  judge  below 
who  has  charge  of  the  assets,  to  say  whether  costs  incurred 
in  unsuccessful  litigation  ought  to  be  borne  by  the  estate 
or  not ;  "  Buckley  on  the  Companies  Acts,  Srd  Ed.,  p.  217; 
see  Ferrao's  Case,  9  Ch.  355  ;   Wescomh's  Case,  9  Ch.  553  ; 


272  COSTS   UNDER   rAnTlCUL.VU   ACTS. 

Ex  i^avte  Angerstela,  ibid.  479;  OrgilVs  Case,  21  L.  T. 
221 ;  Ex  ijarte  Camhrktn  Steam  Packet  Co.,  4  Ch.  112 ; 
contra,  Robinson's  Case,  4  Ch.  322  ;  Stringer's  Case,  ibid. 
475;  aud  see  also  Shu>s  Case,  13  W.  R.  59U  ;  12  L.  T. 
25G  ;  11  Jur.  831 ;  SichelVs  Case,  3  CIi.  110  ;  BvsKs  Case, 
6  Ch.  24G. 
Costs  in-  Where  a  company  in  course  of  liquidatlou  is  ordered  to 

curred  by  pj^y  costs,  such  costs  are  not  to  be  proved  as  a  debt  in  the 
JiiiuiJation.  winding-up,  but  arc  payable  in  full  out  of  the  assets  of  the 
company  {Madrid.  Bank  v.  Pell^,  7  Eq.  442  ;  Ex  x>arte 
Smith,  3  Ch,  125  ;  Bailey  and  Leetham's  Case,  8  Eq.  94  ; 
Re  Home  Investment  Society,  14  Ch.  D.  107;  28  W.  R. 
570 ;  Mays  Case,  W.  N.  (1871),  18) ;  and  execution  for  them 
will  not  be  restrained,  at  any  rate  where  the  action  is 
commenced  by  the  liquidators  in  the  name  of  the  company 
(Ex  jKirte  Lcviclc,  5  Eq.  09).  A  company  in  liquidation 
is,  in  fiict,  to  be  treated  like  any  other  litigant,  and  failing 
in  litigation,  must  pay  costs  {Bailey  and  Leetham's  Case). 
The  Court,  however,  in  giving  leave  to  any  person  to  com- 
mence an  action  against  a  company  in  li(|uidation,  may 
impose  terms  as  to  costs ;  see  Re  Joseph  Peace  <t  Co.,  W.  N. 
(1873),  127,  where  leave  was  given  to  proceed  Avith  an 
action,  but  any  costs  to  be  recovered  by  the  plaintiti'  in  the 
action  were  not  to  be  paid  by  the  company  in  full,  but  were 
only  to  be  provable  in  the  usual  way.  In  re  Dimson's 
Fire  Clay  Co.,  19  Eq.  202,  where  judgment  was  obtained 
a<^aiust  a  company  after  presentation  of  the  petition,  but 
before  the  order  for  winding-up,  leave  to  issue  execution 
was  refused,  but  the  costs  of  the  application  and  of  the 
action  were  given  after  the  costs  of  the  official  liquidator, 
p        f  "Where,  after  the  commencement  of  a  voluntary  winding- 

creditor's  up,  a  creditor  brings  an  action  and  recovers  judgment, 
action.  execution  will  be  stayed  upon  the  terms  of  the  creditor 
being  admitted  to  prove  in  the  winding-ui^  for  the  debt, 
the  costs  of  the  action  at  law,  and  the  costs  of  the  applica- 
tion to  stay  execution,  the  costs  are  a  mere  appendage  to 
the  debt  {Re  Poole  Firebrick  Co.,  17  Eq.  208,  following 


COSTS   UNDER   THE   COMPANIES   ACTS.  273 

the  decisiou  of  Lord  Romilly  ia  Re  Keijnsliam  Co.,  33 
Beav.  123;  Re  Life  Association  of  England,  34  L.  J.  Ch. 
64  ;  10  Jur.  N.  S.  762  ;  12  W.  U.  10G9  ;  12  L.  T.  43  ; 
Re  Peninsular  Banking  Co.,  35  Beav,  280).  The  deci- 
sion in  Re  East  Kent  Shipping  Co.,  18  L.  T.  748  ;  W.  N. 
(1868),  206;  does  not  seem  consistent  Avith  these  authorities. 
Where,  however,  a  creditor  went  on  Avith  an  action  after 
an  offer  to  allow  him  to  prove  for  his  debt  and  costs,  if  he 
would  undertake  not  to  proceed  further,  he  was  not 
allowed  to  add  to  his  debt  his  costs  of  appearing  on  an 
application  to  stay  proceedings  (Rose  c&  Co.  v.  Gardden 
Lodge  Coal  Co.,  3  Q.  B.  D.  235). 

Where  a  claim  against  a  company  in  liquidation  is  ad-  ^^o^ts  of 
journed  into  Court,  and  allowed  with  costs  out  of  the  estate,  meiit  into 
only  the  costs  of  the  adjournment  into  Court  are  meant  to  be  ^'^"rt. 
given,  and  the  costs  incurred  by  the  claimants  in  Chambers 
must  be  added  to  the  amount  of  the  claim  {Re  General 
Estates  Co.,  8  Eq.  123  ;  Holden's  Case,  ih.,  444).    Creditors 
proving  their  debts  are  allowed  costs  of  proof,  in  the  same 
manner  as  in  the  case  of  debts  proved  in  a  cause  (r.  27, 
Gen.  Ord.,  Nov.,  1862  ;  and  see  r.  13,  Gen.  Ord.,  March, 
1868). 

Where  in  a  winding-up  a  creditor  makes  a  claim  which 
is  partly  successful,  and  the  liquidator  makes  a  claim  against 
him  in  return  which  is  entirely  unsuccessful,  the  costs 
incurred  by  the  creditor  in  proving  his  debt  will  be  added 
to  his  debt ;  the  costs  he  has  incurred  by  reason  of  the 
liquidator's  claim  will  be  paid  in  full  out  of  the  company's 
assets  (Re  The  Lombard  Deposit  Banl',  45  L.  T.  346 ; 
Morshead  v.  Reynolds,  21  Beav.  638). 

Where  property  Avhich  is  being  realised  in  a  winding-up  Costs  of 
is  subject  to  incumbrances,  the  general  rule  is  that  the  ?"<="'"" 

"'  .        .  '  o  brancers. 

costs  of  realisation  must  be  paid  first ;  subject  thereto,  the 
incumbrancers  are  entitled  to  their  principal,  interest,  and 
costs  ;  and  the  general  costs  of  the  winding-up  come  last. 
The  liquidator's  costs  of  preservation  are,  as  between  the 
incumbrancers  and  the  company,  payable  by  the  company  ; 

T 


274  COSTS    1  NDER    PAIiTICULAR   ACTS. 

but  the  liquidator  is  entitled  to  be  indemnified  against  so 

much  of  such  costs  as  are  not  paid  him  out  of  the  assets  {Re 

Marine  Mansions  Co.,  4Eq.  601  ;  Ee  Oriental  Hotels  Co., 

12  Eq.  126 ;  In  re  Regent's  Canal  Iromvorks  Co.,  ex  'parte 

Grissell,  3  Ch.  D.  411).   In  Re  Bonelli's  TelegrajyJi  Co.,  IS 

Eq.  656,  liquidators  were  hold  not  entitled  to  their  costs, 

charges,  and  expenses  of  investigating  claims  of  creditors 

upon  a  fuud  paid  into  Court  in  the  winding-up,  or  of  an 

abortive  attempt  at  arrangement.    As  to  mortgagee's  costs 

of  attending  winding-up  proceedings,  see  Re  Hamilton's 

IromvorJcs  Co.,  27  W.  R.  827 ;  39  L.  T.  658. 

Calls  for         As  to  the  liability  of  members  to  contribute  to  the  costs 

'^°^*'-         of  winding-up,  see  s.  38  of  the  Companies  Act,  1862.     By 

s.  102  the  Court  may  make  calls  for  the  costs,  charges, 

and  expenses    of   winding-up,  subject,   of  course,  to  the 

qualifications  in  s.  38,  limiting  the  liability  of  members. 

Costs  of      The  costs  of  winding-uj)  an   unregistered  mutual  insur- 

^''"'l'"S,     ance  association  must,  on  general  principles  and  indepeu- 

III)  illc^Ml  <J  X  L  J. 

associat  dently  of  the  Companies  Acts,  be  met  by  calls  upon  the 
contributories,  although  the  winding-up  order  was  made 
under  a  mistake  in  law  {Re  Arthur  Average  Association, 
8  Ch.  D.  522  ;  Re  Queen  Average  Association,  26  W.  R. 
432  ;  38  L.  T.  90  ;  W.  N.  (1878),  27) ;  in  Re  London 
Marine  Insurance  Association,  8  Eq.  176,  the  costs  were 
divided  jJ7'o  ratd  among  the  receivers  and  payers,  and 
according  to  the  amount  which  they  respectively  had  to 
receive  and  pay.  See  also  Preece  and  Evans'  Case,  2  De 
G.  M.  &  G.  374. 

A  call  for  costs  may  be  made  before  all  the  assets  are 
got  in  and  before  the  exact  amount  of  the  costs  payable 
has  been  ascertained  by  taxation  {Gay's  Case,  1  De  G.  M. 
&  G.  347  ;  5  De  G.  &  S.  122  ;  Bale's  Case,  1  De  G  M.  & 
G.  513  ;  Exixuie  Woolmer,  2  De  G.  M.  &  G  665).  The 
right  to  have  a  call  made  for  costs  may  be  lost  by  laches 
{Ex  'parte  A'Beckdt,  2  Jur.  N.  S.  684). 

It  is  the  duty  of  the  judge  in  the  winding-up,  to  ascer- 
tain to  what  costs  each  contributory  or  set  of  contributories 


tions. 


COSTS   UNDER   THE   COMPANIES   ACTS.  275 

is  liable,  and  to  make  the  call  for  their  liquidation  accord- 
ingly. It  is,  however,  to  be  observed,  that  "where  costs 
have  been  incurred  in  proceedings,  for  the  benefit  of  all 
the  contributories  as  a  body,  they  are  all  rateably  charge- 
able with  the  costs  of  those  proceedings,  although  they 
may  have  been  taken  unsuccessfully,  and  although  some 
of  the  contributories  may  have  already  paid  more  than 
others  towards  the  discharge  of  the  company's  debts.  Any 
temporary  injustice  resulting  from  this  last  circumstance 
must  be  set  right  afterwards  (Lindley  on  PartnersJiip, 
vol.  ii.,  p.  ]455,  4th  ed.  ;  and  see  cases  there  cited). 

The  rule  as  to  the  liability  of  past  members  to  con-  Past  mcm- 
tribute  to  the  costs  of  winding-up  seems  to  be  as  follows :  liability  for 
if  there  are  no  debts  in  respect  of  which  they  can  be  made  °°^*^- 
liable,  then  they  are  not  liable  for  any  costs  at  all.  If 
there  are  any  such  debts  this  may  perhaps  involve  some 
costs  ;  and  perhaps  also  some  adjustment  of  mutual  rights 
of  past  members  inter  se,  in  respect  of  which  past  members 
may  be  called  upon  for  further  contributions.  But  this  is 
no  ground  for  including  in  the  measure  of  their  total 
liability  any  costs  to  Avhich  they  are  not  justly  liable  to 
contribute,  or  any  sums  necessary  for  the  adjustment  only 
of  the  rights  of  present  members  {Clarices  Case,  IG  S.  J. 
(Alb.  Arb.)  554;  Michael  Broivn's  Case,  (Eur.  Arb.)  L.  T. 
21 ;  Reil.  32  ;  17  S.  J.  310  ;  BreWa  Case,  Morris'  Case,  8  Ch. 
800 ;  43  L.  J.  Ch.  47 ;  22  W.  R  22).  In  Marsh's  Case, 
13  Eq.  388,  past  members  were  held  liable  to  pay  the 
costs  of  settling  the  B.  list  unless  the  liquidator  had 
money  in  his  hands  sufficient  to  pay  them.  And  see 
further  as  to  the  liability  of  past  members,  Webb  v. 
Whiffin,  L.  R.  5  H.  L.  711  ;  Burgess  s  Case,  15  Ch.  D. 
507. 

In  Daviess  Case,  (Eur.  Arb.)  L.  T.  80  ;  17  S.  J.  G70,  a 
contributory,  though  discharged  from  all  liability  to  calls 
upon  his  shares,  was  under  the  circumstances  retained 
on  the  register  in  respect  of  his  liability  to  costs  of 
winding-up. 

T  2 


27C  COSTS    UNDER    PARTICULAR   ACTS. 

Costs  of  In   winding-np  unlimited  insurance   companies,  wliere 

^mUinited^  ^^^^  policies  are  payable  only  out  of  the  funds  of  .the 
insurance  company,  the  costs  of  winding-up,  the  costs  of  settling  the 
list  of  contributories,  and  the  costs  of  recovering  calls  from 
shareholders  unwilling  or  unable  to  pay,  must  be  borne  by 
the  company,  that  is,  must  be  met  by  further  calls  (Ee 
Agriculturist  Cattle  Insurance  Co.,  10  Ch.  1  ;  44  L.  J. 
Ch.  108;  23  W.  R  219;  31  L.  T.  710;  Re  State  Fire 
Insurance  Co.,  34  L.  J.  Ch.  43G ;  13  W.  R.  152;  Be 
Professional  Life  Assurance  Co.,  3  Ch.  167).  Where  the 
liability  Avas  limited  as  regarded  policy  holders  but  un- 
limited as  regarded  other  creditors,  and  the  company  was 
wound  up  and  some  contributories  compromised  under 
s.  160,  and  others  did  not,  the  latter  alone  were  held 
liable  for  the  costs  of  liquidation  {lie  Accidental  Death 
Insurance  Co.,  7  Ch.  D.  568 ;  47  L.  J.  Ch.  396 ;  26  \V.  R. 
473). 
Prosecution  If  the  Court  orders  dclintiuent  directors  to  be  proso- 
?^  *^^"  ^      cutcd  it  may  order  the  costs  and  expenses  to  be  paid  out 

Iinciucnt  •'  ^  ^ 

dircctuis.  of  the  asssts  of  the  company  (s.  167)  ;  and  as  to  the  costs 
of  li(iuidators  in  a  voluntary  winding-up  incurred  in  such 
prosecution,  see  s.  WS,  j^ost,  p.  277. 

Indemnity.  Where  the  A.  company  on  taking  over  the  business 
of  other  companies  covenanted  to  indemnify  the  latter 
against  all  actions,  S:c.,  and  all  costs  and  charges,  and  the 
companies  were  wound  up,  it  was  held  by  Lord  Cairns 
that  as  the  winding-up  in  each  case  Avould  settle  many 
questions  with  which  the  A.  company  would  have  nothing 
to  do,  each  company  must  pay  the  costs  of  its  own 
winding-up,  and  was  not  entitled  to  any  indemnity  in  this 
respect  from  the  A.  company  (Albert  Arbitration,  Reil.  17; 
16  S.  J.  141).  In  Be  British  Nation  Indemnity  Claims 
(Eur.  Arb.)  L.  T.  4;  Reil.  8,  however,  Lord  Westbury 
considered  that  a  part  of  the  costs  of  winding-up  the 
amalgamated  company  were  attributable  to  a  breach  of 
covenant  on  the  part  of  the  other  company,  and  gave  leave 
for  a  future  npplication   for  the  purpose   of  proving  such 


CO«TS    UNDER   THE    COMPANIES    ACTS.  277 

part  of  the  costs  when  ascertained  ;  and  see  Royal  Naval 
Society's  Indemnity  Case  (Eur.  Arb.),  L.  T.  165  ;  18  S.  J. 
879.  As  to  the  liability  for  the  costs  of  Avinding-up  of  a  Retiring 
shareholder  who  retires  under  s.  161,  see  Re  Marine  i^^i^^^^ 
Investment  Co.,  8  Ch.  702  ;  and  as  to  the  costs  of  an 
arbitration  under  s.  162,  see  Re  Imjierial  Mercantile 
Credit  Association,  12  Eq.  504. 

By  s.    144    all   costs,    charges   and    expenses   properly  Costs  of 
incurred  in  a  voluntary  winding-up,  including  the  remunc-  ^"-jl'l-u^^ 
ration  of  the  liquidators,  are  j)ayable  out  of  the  assets  of  up. 
the  company  in  priority  to  all  other  claims.     This  means 
in  priority  to  all  claims  upon  the  company  where  the  order 
to  wind  up  was  made  {Re  Home  Investment  Society,  14 
Ch.  D.  107;  28  W.  R.  570).     There  is  no  difference  in 
principle  between  the  costs  in  a  voluntary  and  a  com- 
pulsory winding-up ;    see  2>^''  Lord  Cairns,    in    Wchh  v. 
Whiffin,  L.  R  5  H.  L.  p.  735. 

A  liquidator  under  a  voluntary  winding-up  is  not 
personally  responsible  to  his  solicitor  for  the  costs  of  the 
liquidation  {Re  Trueman's  Estate,  14  Eq.  278;  41  L.  J. 
Ch.  585  ;  20  W.  R.  700). 

The  costs  of  the  liquidators  in  a  voluntary  winding-up  Costs  of 
incurred  in  prosecuting  delinquent  directors  are  entitled  prosecuting 

....  .       delinquent 

to  priority  over  all  other  liabilities  ;  see  s.  168,  Companies  directors. 
Act,  18G2. 

If  a  liquidator  in  a  voluntary  winding-up   desires  to  Appeal 
appeal,  he   ought  first  to  obtain  leave   from    the  judge  jatohV 
below  ;  otherwise,  if  his  appeal  fails,   his   costs   may  be  voluntary 
refused  out  of  the  estate  {Re  City  and  County  Investment  up. 
Co.,  13  Ch.  D.  475  ;  28  W.  R.  933 ;  42  L.  T.  303). 

The   costs   of    a   contest    by   a   person    disputing   his  Contri- 
liability  to  be  a  contributoiy,  and  failing,  must,  except  unsuccess- 
under  very  special  circumstances,  bo  paid   by  such  con-  ^"^'7  ''f : 

,       y~i  7  .  •   1   puting  his 

tributory  [Crowers  Case,  6  Eq.  77  ;  Re  Harnpshire  Milk  liability. 
Co.,  W.  N    (1880),  194  ;  Barry's  Representatives  Case,  2 
Dr.  &  Sm.  321  ;  13  W.  R.  380  ;  5  N.  R.  299  ;  Ritso's  Case, 
W.  N.  (1870),  203  ;  Musfjrave  and  Hart's  Case,  5  Eq.  193; 


278  COSTS   UNDEK   PARTICULAR   ACTS. 

Andreio's  Case,  3  Ch.  161) ;  even  though  the  case  is  one 
of  extreme  hardship  {Ex parte  Oakes  and  Peel;  3  Eq.  576). 
But  in  MaUories  Case,  36  L.  J.  Cb.  40  ;  15  W.  R.  52  ; 
15  L.  T.  23G  ;  aud  Fletchers  Case,  37  L.  J.  Ch.  49  ;  16  W. 
R  75  ;  17  L.  T.  136  (where  the  apphcation  was  by  tlic 
liquidator  to  have  the  name  placed  on  the  list),  and  in 
Grerjgs  Case,  15  W.  R.  82  ;  and  Furdcys  Case,  16  W.  E. 
660  (where  the  application  was  by  the  alleged  contribu- 
tory to  have  it  removed)  no  costs  were  given  ;  and  see 
ClelamVs  Case,  14  Eq.  387,  where  all  parties  had  their 
costs  out  of  the  estate,  the  decision  turning  on  the  con- 
struction of  a  new  statute. 

The  rule  seems  formerly  to  have  been  applied  with  less 
strictness  than  at  present,  and  many  cases  are  cited  in 
Lindley  on  Partnership,  vol.  ii.,  p.  1451,  4tli  edition,  where 
persons  unsuccessfully  resisted  being  made  contributories 
and  still  were  not  visited  with  costs.  It  may  be  doubted 
whether  many  of  these  dccisious  would  be  followed  at  the 
present  day ;  as  the  tendency  of  the  Courts  is  now  very 
strongly  in  favour  of  making  persons  who  fail  in  liti- 
gation pay  the  costs,  Avhatever  the  reason  of  their 
failure. 
Costs  of  Where  the  case  is  taken  as  a  representative  one,  the 

reprcsenta-  ^^^^^  ^^f  .jjj  parties  will   be   allowed   out   of  the   estate 

tive  case  ^  r       t  t-< 

will  come    {Walkcvs  Case,  2  Eq.  554;  Ex  parte  Jea^reson,  11  Eq. 

estate. *^'^  109  ;  see,  however,^c imrte  Walton,  Ex  2W.rte  Hue,  3  Jur. 
N.  S.  853) ;  but  only  as  between  party  and  party  (Re 
Mutual  Society,  Grimivade  v.  Mutual  Society,  18  Ch.  D. 
530;  50  L.  J.  Ch.  400;  not  following  Farfs  Case,  ]0  Eq. 
622,  where  solicitor  and  client  costs  were  allowed).  But 
this  practice  does  not  extend  beyond  the  Court  of  first 
instance  (Sicheirs  Case,  3  Ch.  119  ;  Be  Cork  and  Youghal 
Ry.  Co.,  4  Ch.  748). 

An  alleged  contributory  who  successfully  disputes  his 
liability  will  have  his  costs  in  the  Court  below  out  of  the 
estate  (Xafion's  Case,  3  Eq.  77  ;  Coates'  Case,  17  Eq. 
169  ■;  Emmerson's  Case,  2  Eq.   231 ;  1  Ch.  433 ;  ^7a_2>'s 


COSTS    UNDER    THE    COMPANIES    ACTS.  279 

Case,  13  W.  R.  450;  Loiue's  Case,  9  Eq.  689) ;  but  costs 
of  appeal  will  be  paid  by  the  liquidator  personally,  see 
ante,  p.  271. 

By  s.  35  of  the  Companies  Act,  1862,  upon  an  applica-  Costs  of 

•  •  •  rGCtlfiPA" 

tion  for  rectification  of  the  register,  the  Court  may  refuse  tion  of 
the  application,  with  or  without  costs,  to  be  paid  by  the  register, 
applicant,  or  may  make  an  order  for  rectification  and 
order  the  company  to  pay  the  costs  and  any  damages  the 
party  aggrieved  may  have  sustained.  Where  the  appli- 
cant had  been  most  unjustifiably  placed  on  the  register  he 
had  his  costs  as  between  solicitor  and  client  by  way  of 
damages  (TroocZ's  Case,  15  Eq.  236;  Pontifex's  Case,  36 
L.  J.  Ch.  903  ;  15  W.  E,.  955,  where  he  was  allowed  his 
preliminary  expenses  as  well  ;  and  see  Anderson'' s  Case, 
17  Ch.  D.  373).  Where  an  application  is  made  under  this 
section  and  in  the  winding-up  of  a  company  to  substitute 
one  person  for  another  on  the  list  of  contributories  and, 
both  parties  being  solvent,  it  is  a  matter  of  indifference  to 
the  creditors  and  other  contributories,  the  unsuccessful 
party  should  pay  the  liquidator's  costs  {Musgrave  and 
Hart's  Case,  5  Eq.  193). 

Where  A.,  claiming  under  a  legal  title,  successfully  Jmisdic- 
applied  to  have  the  register  rectified  by  the  substitution  of  ^|j°"g^"^^j'^^ 
his  name  for  that  of  B.,  it  was  held  that  there  Avas  no 
jurisdiction  under  this  section  to  make  B.  pay  the  costs; 
but  the  company,  having  chosen  to  side  with  him,  were 
ordered  to  pay  them  {Ex  parte  Sargent,  17  Eq.  273).  Bat 
see,  contra,  Davies'  Case,  33  L.  T.  834,  and  see  now 
R.  S.  C,  Ord.  LV.,  r.  1.  See  also  Ex  parte  Kintvea, 
5  Ch.  95,  where  the  application  was  made  in  a  winding- 
up,  and  therefore  there  was  jurisdiction  under  the 
Act.  The  section  does  not  apply  to  the  costs  of  an  appeal 
from  a  judge  at  chambers  {Ex  'parte  Shaw,  2  Q.  B.  D. 
463). 

Where  a  company  engaged  in  a  business  not  authorised  What 
by  its  deed  of  settlement,  and  the  solicitors  to  the  com-  ^Se^ut^of 

pany,  knowing  that  the  business  was  unauthorised  were  company's 

assets. 


280 


COSTS   VShER   PARTICULAR   ACTS. 


Creditor's 

rcpre- 

Bcntativc. 


employed  by  the  directors  to  biirg  an  action,  and  to  de- 
fend other  actions  in  respect  of  claims  arising  out  of  the 
unauthorised  business,  and  the  defence  to  tlie  hitter 
actions  was  on  the  merits,  and  not  by  a  plea  of  ultra  vires, 
it  was  held  that  the  solicitors  must  be  considered  with 
respect  to  such  actions  as  the  solicitors  of  the  directors, 
and  not  of  the  company,  and  that  they  couhl  not  prove  for 
their  bills  of  costs  against  the  company's  assets,  and  that 
the  solicitors  could  not  appropriate  monies  of  the  company 
paid  to  them  on  account  generally  to  the  payment  of  such 
bill  of  costs  {Re  Phwnix  Life  Assurance  Co.,  1  IT.  k  M. 
433  ;  2  N.  R  54^>). 

Where  a  company  liad  l)cen  finally  dissolved,  .share- 
holders who  appeared  on  a  summons  by  a  creditor  against 
the  former  licpiidator  were  not  allowed  their  costs  of 
appearance  {lie  Wcstbourne  Grove  Drape nj  Co.,  27  W.  R. 
37;  39  L.  T.  30). 

The  costs  of  the  appearance  of  a  creditor's  representa- 
tive Avill  not  be  allowed  except  in  special  cases  {Mclvers 
Claim,  5  Ch.  424) ;  in  Ex  j^'rtc  Oakes  and  Peake,  3  E(i. 
576,  his  costs  were  allowed  out  of  the  estate.  In  lie 
Beariz  Tin  Co.,  W.  N.  (1868),  207,  an  order  was  made 
appointing  a  creditor's  representative  and  giving  him 
leave  to  attend  the  proceedings?,  but  the  question  of  how 
his  costs  and  expenses  should  be  borne  was  reserved.  As 
to  the  costs  of  contributories  and  creditors  attending  the 
proceedings  in  the  winding-up,  see  r.  (lO,  Gen.  Ord., 
November,  1862  ;  tlie  rule  is  that  they  may  attend  the 
proceedings  and  have  notice  thereof,  but  only  at  their  own 
expense. 

By  s.  12  of  the  Companies  Act,  1867,  30  &  31  Yict.  c. 
131,  the  Court  may  in  any  proceedings  under  that  Act 
make  such  order  as  to  costs  as  it  deems  fit. 

As  to  security  for  casts  to  be  given  by  a  limited  com- 
pany, see  ante,  p.  15  ;  and  as  to  security  for  costs  to  be 
given  by  a  petitioner,  ante,  p.  17.  ["As  to  security  for  costs 
of  appeal  from  a  County  Court  judge  to  a  judge  of  the 


LANDS  CLAUSES  COKSOLIDATION  ACT.       281 

High  Court,  and  the  costs  of  the  appeal,  see  s.  43  of  the 
Companies  Act,  18G7. 

On  an  application  under  the  Companies  Arrangement  Companies 
Act,   1870,   the   costs   of  all   parties,    except   dissentient  ment  Act, 
creditors,  have  been  ordered  to  be  paid  out  of  the  estate  ^^''^• 
(TiLiiis  Rijs.  Co.,  W.  N.  (1874),  121). 

As  to  taxation  of  costs,  see  Gen.  Ord.,  r.  72,  November,  Taxation 
1862.  The  solicitor's  bill  of  costs  must  be  taxed  by  the  ^ 
liquidator  in  a  winding-up,  notwithstanding  more  than 
twelve  months  has  elapsed  since  delixery  (Ex  jiarte  Evans, 
11  Eq.  151 ;  40  L.  J.  Ch.  197) ;  the  effect  of  the  winding- 
up  order  being  to  suspend  the  operation  of  the  twelve 
months'  rule.  In  Re  James,  4  De  G.  &  Sm.  183,  taxation 
was  refused,  but  in  that  case  the  bill  had  been  delivered 
twelve  months  before  the  winding-up. 


Sect.  II. — Costs  under  Lands  Claxises  Consolidation 

Act. 

The  Lands  Clauses  Consolidation  Act,   1845   (8  Vict.  Lands 

^  „.       .  ,  ,.  .  ,  Clauses 

c.  18),  gives  to  public    companies    compulsory  powers   to  Consoli- 

take,  upon  certain  terms,  land  belonging  "  to  parties  having  jgV?"  •^*^*' 
limited  interests,  or  prevented  from  treating,  or  not  making 
title."  Sect.  69  of  the  Act  provides  that  the  purchase  Section  69. 
or  compensation  money  payable  for  such  lands,  if  amount- 
ing to  or  exceeding  £200,  is  to  be  paid  into  the  Bank  in 
the  iiaino  of  the  Accountant-General,*  to  his  account,  ex 
parte  the  promoters  of  the  undertaking  in  the  matter  of 
the  special  Act,  and  is  to  remain  so  until  applied  "  In 
the  purchase  or  redemption  of  the  land  tax,  or  the  dis- 
charge of  any  debt  or  incumbrance  affecting  the  land  in 
respect  of  wliich  such  money  shall  have  been  paid,  or 
affecting  other  lands  settled  therewith  to  the  same  or  the 
like  uses,  trusts,  or  purposes ;  or,  In  the  purchase  of  other 

*  Xow  "  Paymaster  General."    Sec  35  &  36  Vict.  c.  ii,  a.  4. 


282  COSTS   UNDER   PARTICULAR   ACTS. 

lands,  to  be  conveyed,  limited,  and  settled  upon  the  like 
uses,  trusts,  and  purposes,  and  in  the  same  manner,  as  the 
lands  in  respect  of  which  such  money  shall  have  been  paid 
stood  settled  ;  or,  If  such  money  shall  be  paid  in  respect  of 
any  buildings  taken  under  the  authority  of  this  or  the 
special  Act,  or  injured  by  the  proximity  of  the  works,  in 
removing  or  replacing  such  buildings,  or  substituting  others 
in  their  stead,  in  such  manner  as  the  Court  of  Chancery 
shall  direct ;  or,  In  payment  to  any  party  becoming  ab- 
solutely entitled  to  such  monc}-." 

Trustees  with  a  power  of  sale  are  persons  "becoming 
absolutely  entitled  "  under  this  section  (In  re  Gooch's 
Estate,  3  Ch.  D.  742  ;  Tn  re  Hohson's  Trusts,  7  Ch.  D. 
708  ;  47  L.  J.  Ch.  310  ;  26  W.  R.  470  ;  38  L.  T.  365). 
Section  80.  The  80th  section  of  the  Act  provides  that  "  In  all  cases 
of  monies  deposited  in  the  Bank  under  the  provisions  of 
this  or  the  special  Act,  or  an  Act  incorporated  therewith, 
except  where  such  monies  shall  have  been  so  deposited  by 
reason  of  the  wilful  refusal*  of  any  party  entitled  thereto 

Wilful  *  A  "  wilful  n-fiisal  "  is  a  refn<ial  arising  from  an  cxeroise  of  mere  will  or 

refu.sal.  caprice,  and  not  from  an  exercise  of  reason — per  Vicc-f-'hancellor  of 
y.uglixnd  in  Ex  jHoir  Lradslunr,  16  Sim.  174,  where  a  landowner  having 
refused  to  accept  purchase-money  awarded  to  be  paid  to  him  by  a  railway 
company,  because  he  believed  the  award  (which  was  afterwards  decided  to 
be  valid  by  the  Queen's  Bench,  Imt  only  after  a  long  argument  and  after 
judgment  reserved)  to  be  invalid,  was  held  not  to  have  been  guilty  of  a 
"  wilful  refusal  "  within  the  section,  and  see  Ex  parte  Lairson,  17  W.  K. 
186.  A  similar  decision  was  come  to  by  Y.  C.  Kindersley  in  Ex  parlc 
Jiailslo)),  15  Jur.  1028.  In  that  case,  a  railway  company  having  sum- 
moned a  jury,  the  landowner,  being  advised  that  notice  had  not  been  pro- 
perly served  on  him,  did  not  appear,  and  the  damages  having  been  assessed 
in  his  absence  were  paid  into  Court  ;  it  was  held  that  the  landowner  was 
entitled  to  the  costs  of  an  application  to  have  them  paid  over  to  him. 
See,  too,  Re  JFindsor,  Stahics,  «t  South  Wcsta-n  Jlailicaij  Act,  12  Bcav. 
522,  and  Ex  parte  Dashicood,  3  Jur.  N.  S.  103,  where  a  landowner,  being 
advised  by  counsel  that  certain  companies  had  no  right  to  take  his  land, 
refused  to  sell,  and  was  nevertheless  held  entitled  to  his  costs.  "Where  a 
vendor  cannot  make  a  clear  title  by  reason  of  his  not  having  paid  off  in- 
cumbrances of  a  larger  amount  than  the  land  taken,  he  is  clearly  not 
guilty  of  a  "wilful  refusal"  {Ex  parte  Divers,  1  Jur.  N.  S.  995).  Js^or  is 
the  failure  of  the  veydor  to  procure  his  incumbrancers  to  concur  in  a 


LANDS   CLAUSES   CONSOLIDATION   ACT.  283 

to  receive  the  same,  or  to  convey  or  release  the  lands  in 
respect  whereof  tlie  same  shall  be  pa3'able,  or  by  reason 
of  the  wilful  neglect*  of  any  party  to  make  out  a  good  title 
to  the  land  required,  it  shall  be  lawful  for  the  Court  of 
Chancery  in  England  or  the  Court  of  Exchequer  in 
Ireland  to  order  the  costs  of  the  following  matters, 
including  therein  all  reasonable  charges  and  expenses 
incident  thereto,  to  be  paid  by  the  promoters  of  the 
undertaking ;  (that  is  to  say),  the  costs  of  the  purchase 
or  taking  of  the  lands,  or  which  shall  have  been  incurred 
in  consequence  thereof,  other  than  such  costs  as  are 
herein  otherwise  provided  for,  and  the  costs  of  the 
investment  of  such  monies  in  government  or  real  securi- 
ties, and  of  the  reinvestment  thereof  in  the  purchase  of 
other  lands,  and  also  the  costs  of  obtaining  the  proper 
orders  for  any  of  the  purposes  aforesaid,  and  of  the  orders 
for  the  payment  of  the  dividends  and  interest  of  the 
securities  upon  which  such  monies  shall  be  invested,  and 
for  the  payment  out  of  Court  of  the  principal  of  such 
monies,  or  of  the  securities  whereon  the  same  shall  be 
invested,  and  of  all  proceedings  relating  thereto,  except 


petition  to  the  Court  for  the  investment  of  the  fund   "  a  wilful  default  " 
{Ibid.).     See,  too,  cases  cited ^ws^. 

But  where  a  vendor  insisted  upon  payment,  not  only  of  the  purchase- 
money,  but  of  his  costs  also,  before  he  gave  up  possession,  and  the  com- 
pany consequently  paid  the  purchase-money  into  the  bank  under  the  76tli 
section  of  tlie  Act,  V.  C.  AVood,  on  a  petition  to  obtain  payment  out  of 
the  money,  held  that  the  vendor  had  been  guilty  of  "wilful  refusal,"  and 
had  thus  disentitled  himself  to  receive  costs  {Kc  Turner  s  Estate,  10  W.  R. 
128).  The  vendor  Avas  also  ordered  to  pay  the  costs  of  calling  in  the 
sheriff  to  give  possession  {ibid.).  In  another  case  where  the  money  was,  by 
reason  of  the  vendor's  "  wilful  refusal  "  to  convey,  paid  into  Court  under 
the  76th  section,  a  petition  by  the  vendor  praying  costs  against  the 
company  was  dismissed  with  costs  {Ex  parte  Hyde,  V.  C.  K.  B. ,  March 
27,  1851,  cited  in  Seton  on  Decrees,  4th  ed.,  1443). 

*  Where  the  title  was  doubtful  and  the  Company  objected  to  it,  they  were  wiiful 
ordered  to  pay  the  costs,  there  having  been  no  wilful  neglect  or  delay  on  neglect, 
the  part  of  the  owner  (&  Woodhurn's  Trust,  13  L.  T.  237).     But  where 
the  difficulty  had  been  created  by  the  owner  granting  leases  after  receipt  of 
the  notice  to  treat,  he  wag  refused  his  costs  {Re  Marylebonc  Improvemeni 
Act,  10  W.  R.  1058). 


284  COSTS   UNDER    PARTICULAR  ACTS. 

sucli   as   are   occasioned   by   litigation    between   adverse 
claimants."  * 

"  Except  *  The  words  "  except  such  as  are  occasioneJ,"  &c.,  refer  to  "  costs  "  not 
such  as  are  ^^  <<  proceedings  "  {^vr  Lord  Justice  Turner,  in  Ec  Cant's  Estate,  1  De  G. 
bv  liti^a-  ^'  ^  ^'  ^^^^-  "Adverse  litigation  arises  where  diflferent  parties  set  up 
tion."*'  adverse  titles  to  the  estate"  {Askew  v.  JVoodhcad,  14  Ch.  D.  27,  jicr 
Jessel,  M.  R. ).  The  usual  form  of  order  (on  which  sec  Seton  on  Decrees, 
1441,  4th  cd.,  and  see  Ex  iiorte  Ilnoju'r,  1  Drew.  269),  directs  the  com- 
pany "to  pay  the  costs  of  obtaining  this  order,  &c.,  and  of  all  the  pro- 
ceedings relating  thereto."  "  Notwithstanding  what  is  stated  in  He  Cant, 
1  D.  F.  &  J.  159,  and  Re  Courts  of  Justice  Commissioners,  ^V.  N.  (68), 
124,  it  is  not  and  has  not  been,  the  practice  to  insert  the  exception  as  to 
the  costs  of  litigation  between  adverse  claimants,  unless  it  appears  or  is 
suggested  that  some  litigation  has  taken  place  ;"  Seton,  ubi  sup.  In  a 
simple  case  the  order  should  specify  what  costs  fall  within  the  exception 
{ReLonfjvorlh's  Estate,  I  K.  &  J.  1  ;  lie  Toolri/'s  Estate.  16  Jur.  608  ;  Ex 
imrte  Collins,  15  L.  T.  0.  S.  362).  And  see  further  as  to  form  of  order 
Re  IlayicanVs  Estate,  9  L.  T.  320  ;  Ex  jxtrtt  Great  Southern  d:  Wcstrrn 
Ry.  Co.,  Ir.  K.  11  E(i.  497. 
What  costs  The  exception  only  aii2ilies  where  there  is  an  actual  litis  contestatio  {Re 
are  within  Sjwoncr's  Estate,  1  K.  &  J.  220;  Re  Ilunrjer/ord's  Trusts,  Id.  413;  Ex 
exception,  parte  Hooper,  I  Drew.  264).  Costs  incident  to  the  ordinary  administration 
of  a  fund  by  the  Court,  e.g.,  the  costs  of  an  inquiry  how  much  of  a  fund 
belongs  to  a  mortgagor,  and  how  much  to  a  mortgagee,  must  be  borne  by 
the  company  {In  re  Bareham,  17  Ch.  D.  329  ;  Eden  v.  Thompson,  2  H.  k 
M.  9).  "Where  the  land  belonged  to  a  devisee  for  life  with  remainder  to 
the  testator's  heirs,  it  was  held  that  the  company  must  pay  the  costs 
of  two  petitions  by  two  co-heirs,  and  also  the  costs  of  investigating 
the  title  of  other  parties  who  claimed  to  be  heirs,  in  answer  to  adver- 
tisements ordered  to  be  issued  by  the  Court,  except  such  costs  as 
were  occasioned  by  affidavits  of  the  petitioners  in  answer  to  such  claims 
{Re  Spooner's  Estate,  1  K.  &  J.  220).  A  contest  between  tenant  for  life 
and  remainderman  as  to  how  much  of  a  fund  belonged  to  one  of  them,  and 
how  much  to  the  other,  was  held  by  Y.  C.  Bacon  to  be  within  the  excep- 
tion, but  this  decision  was  disa])proved  of  by  Jessel,  M.  R.  {Askeic  v.  Wood- 
head,  14  Ch.  D.  27  ;  41  L.  T.  070;  42  L.  T.  567). 

It  was  said  by  Y.  C.  Kindersley  in  Re  Toolry's  Trusts,  16  Jur.  708,  that 
the  exception  was  not  intended  to  apjdy  to  a  question  of  constniction 
decided  by  the  Court  upon  petition,  but  to  a  case  where  an  action  at  law 
was  necessary  to  decide  the  rights  of  the  parties.  See,  too,  Ex  jMrte 
Falmer,  13  Jur.  781,  where  V.  C.  Shadwell  laid  down  that  "the  excfp- 
tion  in  the  Act  was  intended  to  ajjply  to  such  a  case  as  where  an  action  of 
ejectment  has  been  brought  by  one  claimant  of  land  against  another  ;" 
Re  Singletoyi's  Estate,  11  W.  R.  871,  where  it  was  said  that  the  mere  fact 
of  difticulties  occurring  in  ascertaining  who  were  the  parties  entitled  to  the 
money  in^Court,  did  not  bring  the  case  within  the  exception  ;  Re  Wilson, 
W.  N.  (1867),  110.  But  where  the  petitioner,  although  there  was  no 
actual  hostile  litigation,  was  obliged  to  bring  parties  before  the  Court  to 


LANDS   CLAUSES   CONSOLIDATION  ACT.  285 

la  cases  of  doubt,  the  Court,  having  regard  to  the  large  General 

lies ; 
ists  1 
80. 


compulsory  powers  given  to  the  Company  by  the  Act,  ^^^^^  ^j^^ 


contest  questions  with  him  he  paid  their  costs,  though  the  general  costs 
were  borne  by  the  company  {Ex  parte  Cooper,  13  W.  K.  36 i  ;  2  Dr.  &  Sra. 
312  ;  34  L.  J.  Ch.  373  ;  11  Jur.  N.  S.  103  ;  11  L.  T.  661). 

Where  a  question  arising  on  the  construction  of  a  will  relating  to  the 
property  taken  was  argued  by  the  petitioner  and  the  respondents,  the 
company  was  only  ordered  to  pay  one  set  of  costs  [Ex  jxirtc  Styan,  Johns. 
387  ;  Eximrtc  Yates,  17  W.  R.  872  ;  20  L.  T.  940  ;  W.  N.  (1869),  150). 
Tn  another  case,  an  additional  application  having  been  rendered  necessary 
by  litigation,  no  order  as  to  costs  was  made  thereon  [Re  JolUffe,  3  Jur.  N. 
S.  633).  But  in  Oarpmacl  v.  Proffitl,  23  L.  J.  Ch.  165,  it  was  held  that 
the  fact  of  a  second  petition  being  rendered  necessary  by  the  investment 
of  the  purchase  monies  in  other  lands  sold  in  a  pending  suit  did  not  bring 
the  case  within  the  exception  in  the  Act  (see  cases  cited,  post). 

When  a  company  has,  by  virtue  of  two  difterent  Acts,  taken  two  pieces 
of  land  held  under  the  same  title,  with  knowledge  that  such  title  is  dis- 
puted, and  taken  a  conveyance  from  both  claimants,  it  must  pay  the  costs 
of  two  petitions  for  investment,  including  the  costs  in  each  case  of  the 
appearance  of  the  adverse  respondents  {Re  ButtcrficJd,  9  W.  R.  805).  But 
where  two  parties  claimed  the  money  and  the  company  paid  it  into  Court, 
and  one  of  them  abandoned  his  claim,  the  company  were  held  not  liable 
for  the  costs  of  paj-ment  in  or  of  the  petition  by  the  other  for  payment  out, 
the  Court  doubting  indeed  whether  the  company  were  not  in  strictness  en- 
titled to  have  their  costs  paid  by  the  claimant  {Re.  English,  13  W.  R.  932  ; 
12  L.  T.  561  ;  see,  however,  I)id-e  of  Xorfulk's  Estates,  22  W.  R.  817).  In 
Ee  Bagot,  10  W.  R.  607,  V.  C.  Kindersley,  upon  a  special  Act  containing 
clauses  as  to  costs  substantially  the  same  as  those  in  the  Lands  Clauses  Con- 
solidation Act,  decided  that  the  company  must  pay  all  the  costs  of  a 
petition  to  obtain  payment  of  money  out  of  court,  involving  a  question  of 
disputed  conversion,  except  the  costs  of  the  petitioner  and  of  a  res])ondent, 
both  of  whom  had  failed  in  their  contentions. 

The  costs  of  a  suit  rendered  necessary  by  the  death  of  a  vendor  leaving  Costs  of 
an  infant  heir  or  devisee,  are  Avithin  the  exception  (Armitagc  v.  Askham,  suit,  &c., 
1  Jur.  N.  S.  227  ;  Eastern  Counties  Railway  Company  v.  Tufncll,  3   Rly.  rendered 
Ca.  133).    See,  too.  Purser  v.  Darhy,  4  K.  &  J.  41  ;  Cresswcll  v.  Haines,  necessary 
8  Jur.  N.  S.  208  ;  and  Scott  v.  Scott,  11  W.  li.  766,  where  no  costs  were  o[Yen^,}or 
given  ;  Lomlon  <k  South  Western  Railway  Company  v.  Bruhjer,  4  N.  R.  leaving 
261  ;  Ex  parte  Cave,  26  L.  T.  (0.  S.)  176.     In  the  earlier  case  oi  Midland  infant^heir 
Counties  Railway  Company  v.  Wcstcomb,  11  Sim.  57,  the  costs  of  a  suit  by  or  devisee. 
a  company  for  specific  performance  occasioned  by  the  death  of  a  vendor 
intestate  and  leaving  an  infant  heir,  were  ordered  to  be  paid  out  of  the 
purchase-money.     Comp.  Midland  Counties  Railway  Comjmny  v.  CaldC'  c^stg  of 
cott,  2  Rly.  Ca.  394.     So  where  the  legal  right  of  admittance  to  copy-  proceed- 
holds  taken  by  the  company  was  outstanding  in  the  heir  of  an  infant  ings  under 
trustee,  the  company  was  held  not  to  be  liable  to  pay  the  costs  of  a  poti-  Trustee 
tion  under  the  Trustee  Act  to  obtain  a  conveyance  from  the  heir  {Re     '^  ' 
South  Wales  Railway  Company,   14  Beav.  418  ;  but  see  la  re  Liverpool 


28G  COSTS   INDER   K\RTIcrLAK   ACTS. 

leans  towards  making  the  company  pay  the  costs  (see 
observations  of  Lord  Lyndhurst  in  Ex  'parte  Marshall, 
1  Ph.  oGO  ;  of  V.  C.  Stuart  in  Re  Jones'  Settled  Estates, 
4  Jur.  N.  S.  581 ;  and  of  Lord  Langdale  in  Re  Hull  and 
Selhy  Ry.  Co.,  5  Ry.  Ca.  458).  The  section  applies 
■whether  the  money  is  deposited  under  the  earlier  or  the 
subsequent  clauses  {Ex  parte  £  lower,  1  Ch.  599)  ;  but 
does  not  authorise  an  order  for  payment  of  costs  out  of 
any  particular  fund  {Re  Keatk  cO  Brecon  Ry.  Co.,  9  Ch. 
203). 

What  costs      The  following  costs  have  been  held  to  be  payable  by 

CWpanv.  ^  ^''C  Company  under  this  Act. 

The  costs  of  a  petition  to  invest  the  j^urchase-monies  of 
glebe  land  in  the  erection  of  a  new  parsonage  house  {Re 
Incumhent  of  WhUfidd,  9  W.  R.  7G4  ;  IJ.  &  H.  010),  or 
in  improviug  and  adding  to  an  old  one  {Ex  parte  Rector  of 
Claypole,  16  Eq.  574)  ;  or  in  tlie  drainage  of  glebe  lands 
{Re  Vicar  of  Queen  Camel,  11  W.  R.  503) ;  or  in  the 
erection  of  farm  buildings  on  the  remainder  of  the  glebe 
\ixYn}i  {Ex  parte  Rector  of  Bhipton ,  19  W.  R.  549  ;  Ex  parte 

Im2:rovcment  Act,  5  Eq.  2S2,  where  Lord  Roniilly  liimself  ovemilccl  this 
decision,  and  made  the  company  pay  the  costs  of  taking  out  administration). 
"Where,  however,  freehokl  lands  had  been  taken  hy  a  railway  company  from 
the  transferee  of  fi  deceased  mortgagee,  whose  heir  conld  not  be  found,  it 
was  held  that  the  company  were,  under  this  section,  bound  to  pay  the 
costs  of  a  petition  by  the  vendor  for  the  appointment  of  a  person  to  convey 
under  the  Trustee  Act,  1850  [Re  Nash's  Estate,  4  AV.  K.  Ill;  and  see 
E(  Manchester  tC-  Sonthport  Raihcay  Company,  19  Beav.  365  ;  Re  Lowrys 
Will,  15  Eq.  78)  ;  seciis  if  there  has  been  a  special  agreement  that  the 
company  should  pay  all  costs  and  expenses  "  of  and  incidental  to  the  con- 
veyance "  {Lakcv.  Eastern  Counties  Railway  Company,  19  L.  T.  (0.  S.) 
323). 
Costs  "Where  an  estate  was  limited  to  "B.  for  life,  with  remainder  to  his  first 

occasioned    ^^^^  other  sons  in  tail,  with  remainder  to  B.  in  fee,  and  B.  devised  all  his 

,     ■  •  real  estate  in  strict  settlement,  and  after  the  date  of  the  will  a  company 

uevisiiig  '  c    ,       i 

lands  in       purchased  part  of  the  estate  from  him  under  the  powers  of  the  Act,  it  was 

strict  held  on  B.'s  death  without  issue,  that  the  company  must  pay  the  costs  of 

settlement,  investing  the  purchase-money  in  real  estate  to  be  settled  to  the  uses  of  the 

will  {Re  Be  Reauvoirs  Settled  Estates,  2  De  G.  F.  k  J.  5,  reversing  S.  C.  8 

W.  R.  625,  Y.  C.  K.).    A  doubt  was  expressed  as  to  whether  if  B.  had  died 

intestate  his  heir-at-law  would  not  have  been  entitled  to  an  investment  in 

land  at  the  expense  of  the  company. 


LANDS  CLAUSES  CONSOLIDATION  ACT.       287 

Redo,'  of  Gamston,!  Ch.  D.  477;  Ex im He  Rector  of 
Holywell,  27  W.  R.  707)  ;  the  costs  of  an  application  to 
lay  out  the  money  in  rebuilding  {Re  Thorner's  Charity, 
12  L.  T.  (0.  S.)  266  ;  Ex  imrte  Dean  and  Chapter  of 
Canterbury,  10  W.  R.  505;  comp.  Re  Partington's  Trusts, 
11  W.  R.  160);  or  of  erecting  temporary  accommodation 
buildings  (Re  St.  Thonms's  Hospital,  11  W.  R.  1018  ;  but 
see  contra,  Re  RudyercVs  Trusts,  2  Giff.  od-i,  and  other 
cases  cited  below)  ;  the  costs  of  an  application  by  trustees 
of  a  charity  for  payment  to  them  of  the  fund  to  be 
applied  in  improving  the  water  supply  of  their  town  (Re 
Lathropps  Charity,  1  Eq.  467) ;  the  costs  of  a  petition  to 
enfranchise  copyholds,  and  of  the  proceedings  connected 
therewith  {Dixon  v.  Jackson,  25  L.  J.  Ch.  588);  of  a 
power  of  attorney  to  take  the  money  out  of  Court  (Re 
Godley,  10  Ir.  Eq.  R.  222 ;  Ex  parte  Incumbent  ofGwilden 
Sutton,  8  De  G.  M.  &  G.  380 ;  2  Jur.  N.  S.  793)  ;  of  an 
application  for  payment  out  to  the  trustees  of  a  settlement 
of  a  sum  for  advancement  {Re  Curwens  Settlement,  \V.  N. 
(1880),  83);  of  redeeming  the  land  tax  (Re  London  d- 
Brighton,  dx.,  Ry.  Co.,  18  Beav.  608  ;  23  L.  T.  (0.  S.) 
216  ;  Re  Vicar  of  Queen  Camel,  11  W.  R.  503;  Ex  parte 
Beddoes,  2  Sm.  &  G.  406 ;  In  re  Bethlem  Hospital,  19 
Eq.  457 ;  44  L.  J.  Ch.  406  ;  23  W.  R.  644,  where  the 
cases  are  discussed  by  Jessel,  M.  R. ;  Ex  parte  Hosjntal  of 
St.  Katharine,  17  Ch.  D.  378)  ;  the  brokerage  payable  to 
the  Accountant-General  on  the  investment  of  the  purchase- 
money  in  stock  (Ex  parte  Braifhivaite,  1  Sm.  &  G.  App. 
XV. ;  Ex  parte  Earl  of  Ha rbo rough,  22  L.  T.  (0.  S.)  115  ; 
Ex  ixvrte  Corporation  of  Trinity  House,  3  Hare,  95) ;  the 
costs  of  and  incident  to  orders  for  obtaining  payment  to 
an  incumbent  or  bishop  of  the  dividends  of  stock  in  which 
the  purchase-money  had  been  invested  (Ex  parte  Incum- 
bent of  Guilden  Sutton,  8  De  G.  M.  &  G.  380 ;  2  Jur.  N.  S. 
793  ;  Expiarte  Ecclesiastical  Commissioners,  39  L.  J.  Ch. 
623) ;  and  the  costs  of  the  half-yearly  sales  of  stock, 
representing  the  purchase-monies  of  leaseholds  taken  by 


^88  ■  COSTS   UKDER   rAHTlCULAn   ACTS. 

the  Company,  which  became  necessary  for  the  purpose  of 
distribution  between  the  tenants  for  life  and  remainder- 
men {Re  LoiHjs  Estoic,  1  W.  R.  22G  ;  20  L.  T.  (0.  S.) 
305). 

Under  an  order  for  half-yearly  sales  of  stock  in  which 
the  purchase-money  of  leaseholds  has  been  invested  and 
payment  of  the  proceeds  and  of  the  dividends  of  the  rest 
of  the  stock  to  a  tenant  for  life,  and  for  taxation  and 
payment  according  to  the  Act,  the  taxing  master  may, 
without  a  fresh  order,  tax  the  costs  of  each  such  sale  as  it 
occurs  {Re  Edmunds,  35  L.  J.  Ch.  538  ;  14  W.  R.  507; 
W.  N.  (18GG),  111).  It  seems  that  the  company  are, 
under  this  section,  liable  to  pay  the  costs  of  apportioning 
ground  rents  between  houses  taken  by  a  railway  company 
and  those  left  {Ex  parte  Bud;  1  H.  Sc  M.  519,  2'>ost, 
p.  309;  Ex  parte  Flower,  1  Ch.  599);  and  the  costs  of 
proceedings  to  summon  a  jury  where  the  money  has  been 
deposited  in  the  bank  under  tlie  85th  section,  although 
the  proceedings  have  in  the  end  been  abandoned  {Ex parte 
Morris,  12  Eq.  418). 

Where  by  arrangement  a  landowner  was  to  be  paid 
principal,  interest,  and  costs,  the  taxing  master  was  directed 
to  allow  all  reasonable  costs  incurred  by  the  vendor  before 
the  Parliamentary  Committee  {Cooper  v.  London,  Chatham 
and  Dover  Ry.  Co.,  17  L.  T.  283). 
Iiisdlvent  When  a  company  was  insolvent  and  the  vendor  was 
coiniuny.     (,jj^j|.|gj  f^j.  j^fg  Qj^jy  g^g  rector,  his  costs  were  ordered  to  be 

paid  out  of  the  purchase-money  {Re  Glebe  Lands  of  Great 
Yeldham,  9  Eq.  G8). 

The  costs  of  obtaining  an  order  for  investment  of  the 
purchase-moneys  in  the  erection  of  new  farmhouses  {Ex 
parte  Mehcard's  Devisees,  27  Beav.  571),  and  in  the 
alteration  of  almshouses  {Re  Bucks  Ry.  Act,  14  Jur.  10G5) 
were  held  not  to  be  payable  by  the  company ;  but  these 
Costs  of  re-  decisions  have  not  been  followed. 

in^hui!!  are      "^^^^  Company  is  liable  to  pay  the  costs  of  a  re-invest- 
p:\i.i  by  the  ment  in  land,  though  the  re-investment  is  asked  for  by  a 

coinpauy. 


LANDS  CLAUSES  CONSOLIDATION  ACT.       289 

person  who  has  become  absokitely  entitled  to  the  money 
{Re  Jones,  39  L.  J.  Ch.  190  ;  18  W.  R.  312  ;  Re  Dodd, 
W.  N.  (1871),  83;  and  see  Re  De  Beauvoh-'s  Settled 
Estates,  2  De  G.  F,  &  J.  5)  ;  or  proceeds  of  leaseholds  are 
to  be  invested  in  freeholds  {Re  Parkers  Estate,  13  Eq. 
495  ;  26  L.  T.  12)  ;  or  in  the  purchase,  under  14  &  15 
Vict.  0.  104,  of  leaseholds  where  the  petitioners  are  the 
reversioners  in  fee  {Ex  parte  Dean  and  Canons  of  Man- 
chester, 28  L.  T.  184  ;  Ex  pa.rte  the  Bishop  of  London, 
2  De  G.  F.  &  J.  14  ;  2  L.  T.  8G5  ;  and  see  S."  C.  3  L.  T. 
224,  as  to  form  of  order) ;  or  though  the  lands  to  be 
purchased  are  to  be  conveyed  to  the  uses  of  a  will  {Re 
De  Beauvoirs  Settled  Estates,  2  De  G.  F.  &  J.  5  ;  and  see 
Re  Lyes  Estates,  W.  N.  (18G6),  20).  But  the  company 
only  pays  such  costs  as  would  be  purchaser's  costs  in  an 
open  contract,  not  costs  thrown  upon  the  purchaser  by 
special  agreement  {Ex  parte  Governors  of  Christ's 
Hospital,  20  Eq.  605 ;  Re  Temple  Church  Lands,  Bristol, 
26  W.  R  259  ;  and  see  Re  Mason's  Trust  Estate,  W.  N. 
(1872)  77).  The  fines  payable  on  a  re-investment  in 
copyholds  do  not  fall  on  the  company  {Ex  parte  Vicar  of 
Sawston,  6  W.  R.  492  ;  4  Jur.  N.  S.  473). 

The  costs  occasioned  by  the  application  of  the  purchase-  Costs  of 
monies  in  the  discharge  of  incumbrances  affecting  other  ::^i'*'^^^'irgiiig 

-  ,  °  o  mcum- 

lands  belongmg  to  the  vendor  are  not  mentioned  in  the  brances. 
80th  section,  and  in  Ex  jictrte  The  Corporation  ofSheffiAd, 
21  Beav.  162  ;  Ex  parte  Sheffield  Town  Trustees,8W.  R. 
602 ;  Ex  ixirte  Hardwiche,  1  De  G.  M.  &  G.  297 ;  Re 
Yeates,  12  Jur.  279  ;  and  Re  Marl's  Trust,W.  N.  (1877), 
63,  were  held  not  to  be  payable  by  the  company.  See, 
however.  Ex  parte  Trafford,  2  Y.  &  C.  522  ;  Ex  parte 
the  Bishop  of  London,  2  De  G.  F.  &  J.  14  ;  and  Re 
London  d-  South- Western  Railway  Act,  2  J.  &  H.  390, 
where,  under  special  circumstances,  the  company  Avere 
ordered  to  pay  the  costs  of  a  petition  presented  to  obtain 
the  discharge  of  an  incumbrance.  In  Re  Mark's  Trust, 
the  M.  R.  declined  to  follow  Ex  jiarte   Trafford,  but  he 

u 


290 


COSTS    UNDER   PARTICTLAR  ACTS. 


Costs  of 
discntail- 
in:;  deed. 


Costs 

occasioned 

by  land 

taken 

being 

subject  of 

suit. 


ordered  the  company  to  pay  the  costs  of  the  petition  and 
consequent  order. 

A  question  frequently  arose  upon  the  construction  of 
special  Acts  as  to  the  liability  of  the  company  to  pay  the 
costs  of  a  disentailing  deed  executed  for  the  purpose  of 
enabling  persons  entitled  as  tenants  in  tail  to  the  land 
taken  to  obtain  payment  of  the  purchase  or  compensation 
monies  to  themselves.  In  Re  jS^icholas  Brooking's  Devisees, 
2  Giff.  :31;  Ex  iDarte  Marshall,  1  Phil.  560;  4  Rly.  Ca. 
58 ;  and  Ex  ixirte  Slaters,  5  Ry.  Ca.  700,  such  costs 
were  held  to  be  payable  by  the  company;  and  in  Ex 
parte  Thoroton,  12  Jur.  130  ;  17  L.  J.  Ch.  167,  they  were 
held  not  to  be  so  payable.  In  some  cases,  however,  it 
seems  to  have  been  thought  that  no  disentailing  deed  was 
necessary  {Re  Watson,  4  N.  R.  528;  10  Jur.  N.  S.  1011; 
Re  Tijhlen,  11  W.  R.  809  ;  Re  Hohlen,  1  H.  &  M.  445  ; 
Re  South-Eastern  Ry.  Co.,  80  Beav.  215  ;  Re  Tyler's 
Estate,  8  W.  R.  540 ;  Sowry  v.  Sowry,  8  W.  R.  339  ;  Re 
Wood's  Settled  Estates,  20  Eq.  372  ;  Xotley  v.  Palmer,  1 
]<]q.  241  ;  Re  Rovj,  17  E(|.  300)  ;  but  these  cases  must 
now  be  considered  overruled  ;  see  Re  Reynolds  (C.  A.),  3 
Ch.  D.  Gl  ;  Re  Butlers  Will,  IG  Eq.  479  (Lord  Chancellor 
Selborne) ;  Re  Korcop's  Will,  31  L.  T.  85  (V.  C.  B.) ;  Re 
Broadwood's  Settled  Estates,  1  Ch.  D.  438  (Jessel,  M.  R.) ; 
Ex  parte  Smyth,  Ir.  R.  10  E(|.  GG,  Avhere  the  cases  are 
discussed.  In  Re  Watson,  Re  Tyhlen,  and  Soivry  v. 
Soivry,  the  fund  was  under  £200,  but  the  principle  would 
appear  to  be  the  same  whatever  the  amount.  It  follows, 
therefore,  that  the  company  must  pay  the  costs  of  a  disen- 
tailing assurance  {Ex pa rte  Vaudrey's  7'riists,  3  Gitf.  224). 

It  often  happens  that  lands  taken  by  a  railway  com- 
pany are  the  subject  of  a  suit  pending  in  the  Chancery 
Division.  In  such  cases  a  question  arises  as  to  how  far 
the  company  are  bound  to  pay  such  additional  costs  as 
may  have  been  occasioned  by  the  pending  of  the  suit. 
There  can  be  no  doubt  that,  subject  to  the  rules  here- 
after laid  down   as  to  costs  of  unnecessary  services  and 


LANDS  CLAUSES  CONSOLTDATlON  ACT.       291 

appearances,    the   compaii}'  are  bound    to    pay   all    such 
costs. 

Thus,  in  the  leading  case  of  ILnjnes  v.  Barton,  1  Drew. 
&  Sm.  48.3  ;  9  W.  R.  777,  where  land  which  formed  the 
subject  of  a  suit  was  taken  by  a  railway  company,  and  a 
petition  was  presented  in  the  suit  and  also  in  the  matter 
of  the  Act  for  the  reinvestment  of  the  purchase-money 
(which  had  been  paid  into  Court),  the  company  were 
ordered  to  pay  the  costs  of  the  tenant  for  life  and  of  the 
persons  interested  in  remainder  in  the  land  taken  by  them 
who  were  parties  to  the  suit  and  served  with  the  petition ; 
and  they  were  also  ordered  to  pay  the  costs  of  former  pro- 
ceedings in  the  suit  which  had  been  occasioned  b}'  the 
company's  taking  the  kind  ;  and  see  S.  C.  1  Eq.  422 ;  35 
L.  J.  Ch.  2.33 ;  14  W.  R.  257 ;  1.3  L.  T.  787.  Again,  in 
Dinning  v.  Henderson,  2  De  G.  &  Sm.  485,  on  a  petition 
presented  by  the  plaintiff  in  the  cause,  asking  that  the 
fund  might  be  transferred  to  the  credit  of  the  cause,  the 
company  were  ordered  to  pay  all  the  costs  of  the  applica- 
tion, including  the  costs  of  the  parties  to  the  cause  who 
had  been  served  and  appeared.  See,  too.  Ex  i^arte  Baroness 
of  Braye,  11  W.  R.  333.  The  same  course  was  pursued 
by  Lord  Langdale  in  Re  the  Hull  d'  Selhy  Rij.  Co.,  5  Rly. 
Ca.  458  ;  and  comp.  Carpmael  v.  Froffiit,  23  L.  J.  Ch.  1G5  ; 
Re  Long's  Estate,  12  W.  R.  460;  Henniker  v.  Chafy,  28 
Beav.  G21.  See,  however.  Re  Pictons  Estate,  3  W.  R. 
327 ;  and  Hove  v.  Smith,  14  Jur.  55,  where  V,  C.  Knight 
Bruce  is  reported  to  have  said  that  the  company  must  pay 
only  such  costs  as  they  would  have  paid  if  the  petition  had 
been  presented  in  the  matter  of  the  Act  and  not  in  the 
cause.  This  decision,  as  pointed  out  by  V.  C.  Kindersley 
in  Ha.ynes  v.  Barton,  1  Drew,  k^  Sm.  491,  seems  opposed 
to  Dinning  v,  Henderson,  cited  above.  The  cases  of 
Melting  v.  Bird,  22  L.  J.  Ch.  599  ;  17  Jur.  155 ;  and  Re 
Picton's  Estate,  3  W.  R.  327,  are  no  exceptions  to  the  rule 
laid  down  in  Dinning  v.  Henderson,  as  all  that  was  de- 
cided in  those  cases  was,  that  the  company  were  not  bound 


292  COSTS   UNDKR    PARTKUI-AR    ACTS. 

to  pay  the  costs  of  parties  who  had  l)eon  ! m j > mjie rh/  ■served. 
As  to  this,  see  infra. 
Costs  of  I>^  ^  case  before  V.  C.  Wood,  E<Jeu  v.  Thompson,  2  H.  & 

references,  M.  6  ;  4  N.  R.  87 ;  12  W.  R.  7o0,  it  was  stated  that  in  future 
it  would  be  unnecessary  for  a  plaintiff  moving  to  transfer 
a  fund  paid  into  Court  under  the  Act  to  the  credit  of  a 
cause  to  serve  the  defendants,  and  it  was  intimated  that 
the  costs  of  serviniif  them  would  not  be  allowed  against 
the  company.  But  where  a  petition  was  presented  for 
transfer  of  the  fund  to  the  credit  of  a  cause,  all  the  costs  of 
the  petition,  including  the  costs  of  the  appearance  of 
the  respondents,  the  defendants  in  the  suit,  were  ordered 
to  be  paid  by  the  company  (7^^'  A</tims'  Estate,  W.  N. 
(1871)  1.59). 

In  Pint  I'd  v.  M'ltchcU,  12  Beav.  48C,  where  the  lands 
taken  were_tlie  subject  of  an  administration  siik,  in  Avhicli 
persons  under  disability  were  interested,  and  a  reference 
Avas  directed  to  the  Master  as  to  which  course  would  be 
most  beneficial  for  the  parties  interested,  the  company- 
were  ordered  to  pay  all  the  costs  of  the  j)etition  and  the 
reference.  The  case  oi  Pi  card  \.  Mitchell  was  followed  in 
Henniher  v.  Chafy,  28  Beav.  821.  In  that  case,  land,  the 
subject  of  an  admini.'?tration  suit,  having  been  taken  by  a 
com^Dany  under  their  compulsory  powers,  several  proceed- 
ings and  applications  were  taken  and  made  in  the  suit 
with  reference  to  the  propriety  of  the  sale,  to  which  proceed- 
ings and  applications  the  company  were  not  parties.  The 
Court  held  that  the  company  were  bound  to  pay  the  costs 
of  all  parties  of  obtaining  the  several  orders  in  the  suit, 
including  all  reasonable  charges  and  expenses  incident 
thereto  and  the  costs  of  an  application  to  transfer  the  fund 
into  the  suit.  See  also  an  unreported  case  of  Lord  Egre- 
mont\.  Thompson,  before  V.  C.  Kindersley,  Nov.  1858, 
cited  28  Beav.  625,  where  the  costs  of  a  reference  in  the 
cause  to  ascertain  whether  the  purchase  was  proper,  and 
the  costs  of  the  appearance  of  all  parties  to  the  suit  and  of 
a  mortgagee  on  an  application  to  invest  the  purchase- 


LANDS  CLAUSES  COXSOLIDATIOX  ACT.       293 

money  in  bank  annuities,  were  ordered  to  be  paid  by  the 
company.  In  Pa.terson  v.  Paterson,  3  N.  K  657 ;  10  L. 
T.  183,  the  company  were  ordered  to  pay  the  costs  of  the 
remaindermen  not  parties  to  the  suit,  but  served  with  a 
copy  of  the  bill.  See,  too,  Brandon  v.  Brandon,  .5  N.  R. 
214;  Ex  parte  Cooper,  5  N.  R  233. 

In  another  case,  the  committees  of  a  lunatic  contracted  Costs  of 
with  the  company  under  the  Act  for  a  sale  of  part  of  the  &e.*^ir'^'*" 
hmatic's  land,  and  a  reference  was  directed  to  the  Master  lui^acy. 
to  enquire  into  the  propriety  of  the  contract.     The  Master 
having  reported  in  favour  of  the  contract  the  committees 
presented  a  petition  to  confirm  the  Master's  report.     It 
was  held  that  the  company  were  liable  to  pay  the  costs 
both  of  the  petition  and  the  reference  {Re  Taylor,  1  Mac. 
&  G.  210).     See,  too,  Re  W<dker,  7  Ry.  Ca.  129,  where 
the  costs  of  the  appearance   of  the   lunatic's  heir  were 
allowed  against  the  company  ;  Re  Brhcoe,  2  De  G.  J.  &  S. 
24.9  ;  4  N.  R.  311,  where  the  costs  of  the  next  of  kin  were 
allowed ;  and  Re  Mllnes,  1  Ch.  D.  28. 

The  rule  which   requires  the  compan}^  to  pay  all  the  Costs  of 
costs  occasioned  by  the  fact  of  the  lands  taken  beiucj  the  flj^'^^ 

•'  o  geiieraJly. 

subject  of  a  suit,  has  entailed  considerable  hardship  upon 
Companies,  who,  in  cases  where  the  parties  to  the  suit  have 
been  numerous,  have  frequently  been  called  upon  to  pay 
costs  to  an  amount  tar  exceeding  the  value  of  the  land 
taken.  To  renied}^  this  hardship,  certain  salutary  rules 
have  been  laid  down  with  regard  to  service  and  appearance 
on  petitions  under  the  Act. 

Thus,  when  the  plaintiff's  who  were  entitled  to  one-tenth 
of  a  testator's  estate  presented  a  petition  for  a  transfer  of 
the  fund  to  the  credit  of  the  cause  and  served  the  trustees 
and  the  parties  entitled  to  the  other  nine-tenths,  who 
appeared  by  four  separate  solicitors,  the  Court,  on  the 
ground  that  such  appearance  was  oppressive,  refused  to 
make  the  company  pay  any  costs  except  those  of  the  peti- 
tioner and  the  trustees  {Melling  v.  Bird,  22  L.  J.  Ch.  599 ; 
17  Jur.  loo  ;  see,  too,  Halre  v.  Ler'dt,  12  L.  T.  O.  S.  307j. 


294  COSTS   INDER   PARTICULAR   ACTS. 

In  another  case  {Sidney  v.  Wilmer,  31  Beav.  338)  on  a 
petition  to  transfer  the  fund  into  the  cause  and  to  accu- 
mulate the  dividends,  the  company  were  held  only  bound 
to  pay  the  costs  of  the  petitioners  and  the  costs  of  serving 
the  i-espondents,  but  not  the  costs  of  their  appearance,  on 
the  ground  that  although  served  they  ought  not  to  have 
appeared.  See,  however,  Be  Lung's  Estate,  12  W.  R.  4G0  ; 
and  Re  Prebend  of  St.  Margaret,  Leicester,  10  L.  T.  221. 
In  the  latter  case  a  respondent  who  had  refused  to  join  in 
the  petition,  was  ordered  to  pay  his  own  costs. 
Costs  of  Upon  a  petition  by  a  tenant  for  life  for  investment  of 

reinaincler-  purchase  mouies  paid  into   Court  by  the  company,  and 

men,  tnis-  payment  to  him  of  the  dividends,  the  remaindermen  need 
tees   &c. 

not  be  served  {Ex  parte  Sta plcx  ;  Re  Browne^  1  De  G.  M. 

&  G.  294)  :  and  if  a  remainderman  is  served  and  appears, 
the  costs  of  his  appearance  will  not  be  allowed  against  the 
company  {Re  Bowl  lug's  Trusts,  45  L.  J.  Oh.  5(j8  ;  24  W.  R. 
729  ;  Wilson  v.  Foster,  20  Beav.  398;  and  see  Re  Legges 
Estate,  8  W.  R.  559;  but  compare  Re  Baroness  of  B rage, 
9  Jur.  N.  S.  454)  ;  imless  perhaps  an  extraordinary  invest- 
ment is  asked  for  {Be  Doiding's  Trusts),  or  the  remain- 
dermen are  "  parties  interested  "  under  s.  74  {Re  Crane's 
Estate,  7  Eq.  322  ;  Re  Brailey,  W.  N.  (186G),  109) ;  and 
see  Be  Bomney,  3  N.  R.  287.  When  the  petition  is  for 
reinvestment,  not  in  land  or  hereditaments,  but  in  improve- 
ments, the  remaindermen  should  be  served  {Be  Leigh,  6 
Ch.  887).  As  to  trustees,  the  rule  seems  to  be  different 
(see  Ex  ^:)«r^e  The  East  Norfolk  By.  Co.,  cited  and  fol- 
lowed by  V.  C.  Kinderslcy  in  Be  The  Duke  of  Cleveland's 
Harte  Estates,  1  Drew.  &  Sm.  48,  overruling,  on  this 
point,  Wilson  v.  Foster,  ante,  where  the  costs  of  the 
trustees  were  disallowed  against  the  company,  comp.  Be 
Burneirs  Estate,  12  "W.  R.  568) ;  and  the  company  must 
pay  their  costs  if  they  have  been  properly  served  and  have 
appeared  {Be  Find/,  14  W.  R.  472  ;  Henniher  v.  Chafy, 
85  Beav.  124  ;  and  see  Ex  parte  Metropolitan  By.  Co.,  16 
W.  R.  997;  \V.  N.  (1868),  204).     But  as  a  general  rule 


LANDS  CLAUSE.S  CONSOLIDATION  ACT.       295 

where  the  trustees'  interests  are  not  affected,  and  their 
appearance  is  unnecessar}^,  428.  only  will  be  allowed,  which 
should  be  tendered  as  directed  by  R  S.  C.  (Costs)  Sched, 
r.  17,  see  ante,  p.  68.  In  Re  Pidti^on's  Estate,  4  Ch. 
D.  207,  on  a  petition  for  payment  out  of  a  fund  in  Court 
three  guineas  were,  under  the  circumstances,  allowed  to- 
wards  the  costs  of  trustees.  See  also  Ex  parte  London 
l^  South  Western  Ry.  Co.,  38  L.  J.  Ch.  527,  where  the 
company  were  petitioning  for  payment  out,  Wilson  v, 
Foster,  2(3  Beav.  398.  Where  the  money  might  have  been 
paid  out  of  Court  on  the  petition  of  the  tenant  for  life, 
but  for  the  convenience  of  persons  entitled  under  a  settle- 
ment it  was  wished  to  deal  with  the  money  in  a  special 
manner  under  the  provisions  of  a  private  Act  of  Parlia- 
ment, it  was  held  that  the  costs  of  the  trustees  and 
remaindermen  under  the  settlement,  who  had  been  served, 
were  not  payable  by  the  company  (Re  Boives  Estate,  4  N. 
R  315  ;  12  W.  R  929). 

A  distinction  was  taken  by  V.  C.  Kindersley  in  Brad-  Distiuction 
skaiv  V.  Fane,  1  N.  R  159;  9  Jur.  N.  S.  1(36,  between  a  f^^J^^j 
fund  standing  to  the  credit  of  the   matter  of  an  Act  of  standing  to 
Parliament,  and  a  fund  standing  to  the  credit  of  the  cause,  of  a  cause. 
whether  generally  or  to  a  separate  account,  as  well  as  to 
the  credit  of  the  matter  of  the  Act.     In  the  latter  case  it 
was  said  that  all  the  parties  to  the  cause  must  be  before 
the  Court  on  a  petition  to  reinvest  the  fund,  and  the  com- 
pany must   pay   their  costs.       See,   too,   Re   Brandon's 
Estate,  2  Dr.  &  Sm.  162 ;   32  L.  J.   Ch.  20 ;    9  Jur.  N. 
S.  11;  but  comp.  Eden  v.  Thompson,  2  H.  &  M.  6  ;  4  N. 
R  87 ;  12  W.  R  759.     Where   the  purchase-money  has 
been  paid  into  the  usual  account,  and  afterwards  trans- 
ferred to  the  credit  of  a  suit  to  an   account  not  intituled 
in  the  matter  of  the  Special  Act,  there  is  no  jurisdiction 
to  make  the  company  pay  the  subsecpient  costs  of  payment 
out  {Fisher  v.  Fisher,  17  Eq.  340;  Brown  v.  Feniuick,  35 
L.  J.  Ch.  241  ;  W.  N.  (1866),  7;  14  W.  R  257) ;  and  if  the 
petitioner  serves  the  company  in  such  a  case  the  service  is 


296 


COSTS    UNDEIl   PARTICULAR   ACTS. 


Costs  of 
teiiiint  fur 
life  which 
are  not 
pnya^ile 
by  the 
company. 


Costs  of 
Bcrving 
mort- 
ga^'ccs. 


improper,  and  he  will  be  ordered  to  pay  the  company's  costs 
{Pre.scott  V.  Wood,  37  L.  J.  Ch.  691  ;  W.  N.  (1868),  123). 
In  a  recent  case  {Xock  v.  Xod;  W.  N.  (1879),  125),  the 
money  was  paid  into  Court  to  the  general  credit  of  the 
suit,  and  to  an  account  not  intituled  in  the  Lands  Clau.ses 
Act  or  the  special  Acts  of  the  company,  it  being  agreed 
that  the  company  should  pay  the  costs  of  obtaining  the 
order  for  payment  in,  but  no  further  costs,  except  such  as 
they  might  be  liable  for  \mder  the  Lands  Clauses  Act. 
On  a  petition  in  the  suit  for  dealing  with  the  purchase- 
money  in  Court,  a.skiug  that  the  company  might,  pursuant 
to  the  agreement,  pay  the  petitioner's  costs  of  the  petition 
as  under  the  Lauds  Clauses  Act,  and  the  costs  of  the 
jDurchase  and  conveyance,  Fry,  J.,  held  that  he  had  no 
jurisdiction  to  make  any  order  against  the  company,  and 
dismissed  the  petition  as  against  them  with  costs. 

Where  a  tenant  for  life  has  incurred  costs  and  expenses 
which  the  company  is  not  bound  to  pa}?-,  they  may  be  ordered 
to  be  paid  to  him  out  of  the  purchase  money  in  Court 
(Be  Stndhrnore  E.^to.t(?s,  18  Eq.  338  ;  lie  Aubrey,  17  Jur. 
874  ;  1  W.  R.  404  ;  Re  Earl  of  Berkeley  s  Wdl,  10  Ch. 
56  ;  Be  Ohlharas  Estate,  W.  N.  (1871),  190).    ;, 

The  following  rules  seem  to  be  now  established  as  to 
service  upon  mortgagees  and  incumbrancers,  and  the  costs 
of  such  service.  Where  there  are  incumbrancers  who  as  a 
matter  of  form  arc  necessary  parties  but  who  have  no 
interest  in  opposing  the  petition,  the  proper  course  is  to 
serve  them  with  a  copy  of  the  petition,  and  tender  them 
42s.  for  costs  of  obtaining  advice  as  to  whether  their 
appearance  is  necessary  ;  if  they  subsequently  appear  it  is 
at  their  peril  as  regards  costs.  The  rule  applies  equally  to 
petitions  for  re-investment  in  land  and  to  petitions  for 
payment  out  of  Court  to  jDcrsons  entitled  subject  to  the 
incumbrances  ;  and  the  petitioners  will  be  entitled  to  add 
to  their  costs  of  the  petition,  in  addition  to  the  42s.,  a 
sum  sufficient  to  cover  the  costs  of  an  affidavit  of  service, 
for  which  purpose  23^.  has  been  considered  a  fair  sum  ; 


LANDS    CLAUSES   CO^'SOLIDATION   ACT.  297 

see  In  re  Gore  Langfon's  Estates,  10  Cli.  328  ;  44  L.  J.  Ch. 
405,  23  W.  it.  842 ;  32  L.  T.  785  ;  In  re  Hahtead 
United  Charities,  20  Eq.  48  ;  Ex  parte  Jones,  14  Ch.  D. 
624;  a  case  under  the  Artizans  Dwelliugs  Act,  1875  ; 
R.  S.  C.  (Costs)  Sched.  r.  17;  and  cases  cited  aiite, 
p.  68.  These  are  the  only  costs  (in  addition  to  the  costs 
of  the  petitioners)  which  the  company  can  be  required  to 
pay.  In  Be  Hatfield,  29  Beav.  370  ;  32  Beav.  252,  the 
company  was  held  not  to  be  liable  to  pay  any  of  the  mort- 
gagee's costs  ;  but  that  is  not  the  rule  now  [E:c parte  Jones; 
and  see  Re  Brook,  30  Beav.  233  ;  10  W.  K  35;  Me  Thomas, 
12  W.  R.  546).     The  earlier  cases  were  conflicting. 

The  company  are  not  bound  to  pay  the  costs  of  incum- 
brancers on  the  interest  of  a  tenant  for  life  {Ex  parte 
Smith,  6  Ry.  Ca.  150),  unless  they  are  served  at  the 
instance  of  the  company  (Re  Hungerford,  1  K.  &  J.  413), 
or  their  interests  arc  affected  (Re  Kash,  1  Jur.  N.  S. 
1082  ;  and  see  Re  Thomuis).  Where  the  mortgagees  were 
not  in  possession  and  consented  to  the  petition  the  costs 
were  disallowed  {Re  Bingham,  W.  N.  (1868),  244 ;  Re  Lord 
Bexley,  W.  N.  (1872),  188).  Nor  is  it  necessary  on  a 
petition  for  interim  investment  and  payment  of  dividends 
to  serve  persons  having  charges  on  the  inheritance 
prior  to  the  life  estate,  and  the  costs  of  such  parties,  if 
served,  will  not  be  allowed  against  tlie  company  {Re 
Morris  Settled  Estates,  20  Eq.  470  ;  23  W.  R.  851).  It 
is  clear  that  when  a  mortgage  only  affects  part  of  the  land, 
but  not  the  part  taken  by  the  company,  the  coraitany  will 
not  be  ordered  to  pay  the  costs  of  the  mortgagee,  if  served 
{Re  Yeates,  12  Jur.  270).  So  where  a  small  portion  of 
the  estate  ouly  was  in  mortgage,  and  it  became  necessary 
to  apply  to  the  Court  in  a  pending  suit  to  obtain  a  release 
frunl  the  mortgagee,  it  was  held  that  the  company  were 
not  liable  to  pay  the  costs  of  the  application  {Ex  parte 
Phillips,  11  W.  R.  54,  reversing  S.  C.  2  J.  &  H.  392). 

The  costs  of  a  mortgagee,  whose  incumbrance  has  been 
created  after  the  lauds  were  taken  and  the  money  paid 


293  COSTS   UNDER   rARTICULAR   ACTS. 

into  Court  are  not  payable  by  tlic  company  {Re  Middle 
LcL'el  Drainage  and  Xavig(diou  Cummissioners,  June  23, 
1864,  Y.  C.  K. ;  Re  Jones's  Trust,  39  L.  J.   Ch.   190  ; 
18  W.  R.  312.) 
Other  Where  the  mortgagee  of  a  tenant  for  life  of  lands  taken 

persons.  ^y  ^  railway  company  dies,  and  the  mortgagor  and  the 
executors  of  the  mortgagee  petition  for  payment  of  the 
dividends  to  a  transferee  of  the  mortgagee,  the  company 
are  not  liable  to  pay  the  costs  of  the  petition  {In  re 
Byrom,  5  Jur.  N.  S.  201  ;  7  W.  R  3(57). 

Where  the  purchase  monies  of  leaseholds  were  ordered 
to  be  carried  to  the  account  of  two  lessees,  and  the  divi- 
dends weio  ordered  to  be  paid  to  one  of  them  and  the 
executrix  of  the  other,  it  was  held  that  the  company, 
having  been  unnecessarily  served  with  a  petition  for  pay- 
ment of  the  dividends  to  the  husband  of  the  executrix, 
who  had  married,  wore  entitled  to  their  costs  from  the 
petitioner  {Kx  parte  Jfordrrn,  2  De  G.  &  S.  203).  Again 
if  the  husband  of  a  married  woman  entitled  for  her 
separate  use,  who  petitions  by  her  next  friend,  is  made  a 
respondent  instead  of  a  co-petitioner,  the  company  will 
not  be  ordered  to  pay  his  costs  {Re  OsJ)ornes  Estate, 
AV.  N.  (1878),  170).  So  when  the  dividends  of  a  sum  in 
Court  had  been  ordered  to  be  paid  to  the  trustees  of  a 
charity,  of  which  new  trustees  were  appointed,  it  was  held 
that  the  company  were  not  liable  to  pay  the  costs  of  a 
petition  for  payment  of  tlie  dividends  to  the  new  trustees 
{Re  Audenshaiv  School,  1  N.  R.  255).  Secus,  where  the 
change  of  interest  was  caused  by  the  reconstitution  of  the 
charity  {Re  Shal-esjieare  Walk  School,  12  Ch.  D.  178). 
In  Re  Midland  Rij.  Co.  11  Jur.  1095,  a  party 
entitled  to  an  aliquot  share  of  purchase  money  was  held 
entitled  to  payment  out  of  such  share,  without  service  on 
the  other  persons  interested,  the  Court  holding  that  the 
company  must  be  considered  as  protecting  their  interests. 
On  a  petition  for  reinvestment  of  the  purchase  monies  of 
J^nd.s  taken  by  the  company  in  other  lands;  the  vendors  of 


LANDS  CLAUSES  CONSOLIDATION  ACT.       299 

the  second  lands,  having  been  served  with,  and  appearing 
ou  the  petition,  were  ordered  to  have  their  costs  as  against 
the  petitioners,  but  the  petitioners  were  not  to  have  such 
costs  over  again  against  the  company  {Re  Dylar's  Estate,  1 
Jur.  N.  S.  975).  Again,  where  the  purchase  monies  were 
invested,  and  the  dividends  paid  to  the  tenant  for  life,  and 
on  her  death  her  husband  resettled  the  property,  and 
presented  a  petition  for  payment  to  himself,  it  was  held 
that  the  company  were  not  liable  to  pay  the  costs  of  the 
petition  {Re  Pick,  31  L.  J.  Ch.  495  ;  10  W.  K  3(35). 

But,  as  a  general  rule,  where  there  has  been  a  trans-  TJ^^^X 

,  ,  there  has 

mission  of  interest,  and  a  new  order  becomes  necessary,  beeu  a 
the  company  must   j)ay  the  costs   {Re  Jolliffes  Estate,  Q^igs^o„  „£ 
9  Eq.  668  ;  Re  Shakespeare  Walk  School,  12  Ch.  D.  178) ;  interest. 
and  see  Re  Lye's  Estates,  W.  N.   (1866),  20 ;   13  L.  T. 
664  ;  Ex  parte  Manchester  Burial  Board,  W.  N.  (1866), 
117.     Where  the  petition  was  for  payment  of  the  divi- 
dends to  new  trustees  of  a  settlement,  the  original  petition 
having  been  defective,  no  order  was  made  as  to  costs  {Re 
Fryors  Settlement,  W.  N.  (1876),  141  ;  35  L.  T.  202)  ;  but 
see  Re  Goe,  3  W.  E.  119;  and  In  re  Metropolitan  Ry, 
Co.  and  Maire,  W.  N.  (1876),  245,  and  post,  p.  305,  as  to 
costs  of  unnecessary  and  defective  petitions). 

The  company  are  not  liable  to  pay  the  costs  of  a  jjeti- 
tion  to  pay  money  to  a  party  who  by  arrangement  between 
the  parties  only  has  been  nominated  as  the  hand  to  receive 
it  {Ex  parte  Baroness  of  Braye,  11  W.  R.  333). 

As  to  the  costs  of  serving  the  ordinary,  and  of  his  Ordinary. 
appearance  on  the  petition  where  his  consent  is  required, 
see  Ex  parte  Vicar  of  Creech  St.  Michael,  21  L.  J.  Ch. 
677,  where  such  costs  were  allowed ;  but  compare  Ex 
parte  Bishop  of  London,  2  De  G.  F.  &  J.  14,  where  the 
costs  of  the  Ecclesiastical  Commissioners,  whose  consent  Ecdesias- 
was  necessary  to  the  investment,  and  Re  Incumbent  of  ■ 


imssioners. 


Whitfield,  1  J.  &  H.  610 ;  9  W.  K  764,  where  the  costs  of  Governors 
the  governors  of  Queen  Anne's  Bounty  were  disallowed  AnueT" 
against  the  company.     In  Ex  parte  Dean  and  Canons  bounty, 


30O  COSTS    UNDER   PARTICULAli    ACTS. 

Church  of  Manchester,  28  L.  T.  184,  tlie  costs  of  the  Church 
Estates       J^^tatcs  Commissioners  were  ordered  to  be  paid  out  of  the 

missicner.«.   funds  in  Court. 

Tenants  in       Tenants    in  common    interested    in    money   paid   into 
common.      Q.Qyxvi  by  a  company  are  entitled  to  their  costs  of  appear- 
ing separately  on  an  application  l)y  one  of  them  for  pay- 
ment of  the  money  to  an  incumbrancer  of  the  whole  {Re 
Braye,  9  Jur,  N.  S.  454). 
Attorney-        The  costs  of  the  Attorney-General  on  a  petition  entitled 
aencrai.      under  Sir  S.  Romilly's  Act,  .52  Geo.  III.,  c.  101,  are  pay- 
able by  the   company   {Re  London   and  Brighton,  d-c, 
Ry.  Co.,  18  Beav.  008). 

,,r,  Where  lands  are  taken  bv  several  companies,  the  costs 

\\  here  -^  ^  . 

severai  of  a  petition  fur  payment  out  of  the  jHirchase  monies 
costs^oT^^ '  must  be  borne  by  the  companies,  or,  if  any  of  them  have 
payment     |)Gen  amalgamated,  by  sucli  of  them  as  are  subsisting  at 

out  borne  .  ....  ,,  ,^  , 

equally.      the  time  of  the  application  in   equal  shares   {±^x  parte 
Co.sts  of       Ga^Ml,  2  Ch.  D.  360 ;  45  L.  J.  Ch.  368 ;  24  W.  R.  752  ; 
meutr'*'    ^^   V^^'>'f^   Ecclesiastical  Commissioners,  W.  N.  (1873), 
as  a  general  173).     And  the  same  rule  applies  in  general  to  the  costs 
iiorne         of  a  petition  for  re-investment  in  land,  except  that  the 
equally,      costs  of  the  od  valoreni  stamp  on  the  conveyance  must  be 
borne  by  the  companies  rateably,  according  to  the  amount 
contributed  by  each  to  the  purchase  monies  {E.v  parte 
Bishop  of  London,'!  De  G.  F.  &  J.  14  ;  Re  Maryportand 
Carlisle  Ry.  Co.,  1  N.  R.  506;  11   W.  R.  410  (S.  C.  32 
Beav.  397;  1  N.  R.  545;  11  W.  R.  507,  contra,  is  over- 
ruled) ;  Ex  parte  Corpus  ChHsti  College,  Oxford,  13  Eq. 
334  ;  Re  Leigh's  Edate,  0  Ch.  887  ;  Ex  parte  Governors 
of  Christ's  Hospital,  27  W.  R.  458  ;   Re  Byron's  Settled 
istates,  1  De  G.  J.  &  S.  358  ;  2  N.  R.  294 ;  8  L.  T.  562 ; 
Re  Merton  College,  1  De  G.  J.  &  S.  361;  3  N.  R.  598; 
10  Jur.  N.  S.  223  ;  12  W.  R.  503 ;  10  L.  T.  8  ;  Ex  parte 
Governors  of  Christ'^  Hospital,  2  H.  &  M.  166  ;  London 
and  Brighton  Ry.   Co.   v.    The   Shropshire  Ry.  Co.   23 
Beav.  605)  ;  and  a  surveyor's  fee  will  be  apportioned  in 
the    same  way  us  the   costs  of  the   ad    valorem  stamp 


LANDS  CLAUSES  CONSOLIDATION  ACT.       301 

{Ex  parte  Corporation  of  London,  b  Eq.  418;  Re  Power, 
W.  N.  (1876),  205). 

Where,    liowever,     there    is   great    inequality    in   the  but  may 
amounts,  such  as  would  produce  extreme  hardship  and  ^°  ^^^'    , 

.     .         .  ,  .  •■  portioned 

injustice,  tiie  costs  may  be  apportioned  {Ex parte  Governors  where 
of  Bartholomeivs  Hospital,  20  Eq.  869;  Ex  parte  ^^^\^^^^^ 
Christ  Church,  9  W.  R.  474  ;  Ex  parte  Governors  (f  St. 
Thomas's  Hospital,  7  W.  R  425  ;  Re  Byron's  Settled 
Estates,  1  De  G.  J.  &  S.  358 ;  2  N.  R  294  ;  Ex  parte 
Dean  of  Christ  Church,  W.  N.  (1872),  201  :  but  see  Ex 
}xirte  Governors  of  Christ's   Hospitid,  2  H.  &  M.  166). 

Where  part  of  tlie  monies  to  be  invested  was  already  in 
tlie  hands  of  trustees  for  investment  the  costs  of  the  peti- 
tion were  borne  by  the  corporation  and  the  trustees  in 
moieties,  and  the  costs- for  stamps  and  surveyor's  fees  in 
proportion  to  the  funds  invested  {RePoiver,  W.  N.  (1876), 
205).  Where  there  were  originally  three  companies  and 
one  leased  its  line  to  another  the  costs  were  borne  in 
thirds  {Re  Carlisle  and  Silloth  Ry.  Co.,  33  Beav.  253). 

Where  lands,  settled  in  the  same  manner,  have  been 
purchased  by  different  railway  companies  and  the  purchase 
monies  paid  into  Court  and  invested,  and  the  tenant  for 
life  afterwards  dies,  the  orders  directing  payment  of  the 
dividends  of  the  several  funds  to  the  person  next  entitled, 
may  all  be  obtained  upon  the  same  petition  ;  and  the 
railway  companies  will  not  in  future  be  required  to  pay 
the  costs  of  more,  than  one  petition  {Re  Lord  Brokers 
Estate,  11  W.  R.  505  ;  1  N.  R.  568).  The  point  being  a 
new  one,  however,  the  petitioner  was  not  deprived  of  his 
additional  costs  out  of  pocket  {ibid.). 

The  provisions  of  the  Lands  Clauses  Act  as  to  costs  Where 
have  been   lield  to  be  incorporated  with  all  subsequent  cj^"^jl,gg 
Acts  authorising  the  taking  of  lands  {Ex  parte   Vicar  o/ -A-ct  incor- 
St.  Sepulchre's,  4  De  G.  J.  &  S.  232  ;  12  W.  R.  499  ;  33  IT"'^ 
L.  J.  Ch.  372  ;  9  L.  T.  819 ;  10  Jur.  N.  S.  298 ;  3  N    R  ^^ecM 

'  Acts 

594);  unless  such  subsequent  Act  contains  provisions  in- 
consistent with  such  incorporation  {fn  re  Cherry'.s  Settled 


1^02  COSTS   UXDER   PAnTlCTLAR   ACTS. 

Estates,  4  De  G.  F.  &  J.  332 ;  10  W.  R.  305  ;  Re  St. 
Kathf  vine's  Dock  Co.,  14  W.  R  978). 

Where  the  company  was  amalgamated  with  another 
company  by  an  Act  which  incorporated  the  Lands  Clauses 
Act,  it  was  held  that  the  right  of  the  landowner  as  to 
costs  was  governed  by  the  earlier  Act  {RcHoldeii's  Estate, 
1  Jur.  N.  S.  995  ;  Re  KeachelVs  Trusts,  3  W.  R  634 ;  Re 
Doncaster's  Settled  Estates,  V.  C.  Wood,  cited  in  note  to  3 
W.  R  635 ;  and  Ex  parte  Molyneux,  2  Coll.  273).  But  in  a 
later  case, before  the  Lords  Justices,  where  monies  had  been 
deposited  under  a  special  Act  which  did  not  provide  for 
the  costs  of  obtaining  payment  out  of  Court  of  the  de- 
posited monies,  but  which  was  re-enacted  by  a  subsequent 
Act  incorporating  the  Lands  Clauses  Act,  the  Court  of 
Appeal  held  that  the  right  of  the  landowner  to  costs  was 
governed  by  the  Lands  Clauses  Act  {Re  Ellison's  Estate, 
8  De  G.  M.  &  G.  62,  following  Ex  j^^trfe  Eton  College,  15 
Jur.  45  ;  and  see  Re  Derrimans  Settlement,  W.  N.  (1866) 
269).  Where  a  railway  company  under  the  compulsory 
powers  of  the  Lands  Clauses  Act  took  lands  which  had 
been  settled  by  a  private  Act  of  Parliament  and  could 
only  be  conveyed  to  them  under  the  powers  in  the  latter 
Act,  it  was  held  that  they  were  liable  to  costs  under  the 
Lands  Clauses  Act  {Re  Shuttleivorth's  Estate,  4  GifF.  87  ; 
8  Jur.  N.  S.  1090). 
Ccsts  On  a  petition  for  the  payment  out  of  Court  of  monies 

Comrais- '  P^i^  i^^o  Court  by  the  Commissioners  of  Public  Works 
sioneis  of    q^  a  purchase  made  under  the  provisions  of  the  9  &  10 

Works 

Vict.  c.  34,  which  incorporates  the  provisions  of  the  3  &  4 
Vict.  c.  87,  the  commissioners,  as  promoters  of  the  under- 
taking, were  held,  on  appeal,  not  to  be  liable,  under  the 
80th  section  of  the  Lands  Clauses  Consolidation  Act,  1845, 
to  pay  the  costs  of  such  application  {In  re  Cherry's  Settled 
Estates,  4  De  G.  F.  &  J.  332  ;  10  W.  R  305,  overruling 
S.  C.  10  W.  E.  54  ;  31  L.  J.  Ch.  351). 

A  transfer  of  a  fund  in  Court  standing  to  the  credit  of 
trustees  of  a  charity  from  the   trustees  to  "The   Official 


LANDS  CLAUSES  CONSOLIDATION  ACl'.       BOB 

Trustees  of  Charitable  Funds  "  in  trust  for  tlie  charity,  is 
treated  as  a  payment  out  of  Court  for  the  purpose  of 
making  the  corporation  who  took  the  lands  pay  the  costs 
of  the  application  to  transfer  (Ke  Bristol  Free  Grammar 
School,  W.  N.  (1878),  26  ;  and  see  Ex  parte  Trustees  of 
Bishop  Monk's  Horficld  Trust,  AY.  N.  (1881),  16). 

In  cases  where  the  Special  Act  was  dated  before,  and 
had  not  been  incorporated  with  the  Lands  Clauses  Act,  it 
was  the  practice  of  the  old  Court  of  Exchequer  to  make 
the  company  pay  costs,  whether  they  were  given  by  the 
Special  Act  or  not  ;  see  Be  Bohertson,  23  Beav.  433 ;  Be 
Tiverton  Market  Co.  (No.  2),  26  Beav.  239  ;  Be  Gould,  24 
Beav.  442  ;  Ex  parte  Bishop  of  Durham,  3  Y.  &  C.  Exch. 
690.  But  the  Court  of  Chancery  was  more  strict,  and 
held  that  the  company  could  only  be  ordered  to  pay  such 
costs  as  were  provided  by  their  Special  Act  {Be  Land's 
Trust,  4  K.  &  J.  81,  and  cases  there  cited;  Ex  parte 
Ecclesiastical  Commissioners,  13  W.  E.  575  ;  Be  Metford, 
8  W.  R.  634  ;  Be  Musgrave,  6  Jur.  N.  S.  797  ;  Be  Acker, 
11  W.  R  182;  Mitchell  v.  Feiuell,  3  Ry.  Ca.  315;  Be 
Cooke,  7  Jur.  639  ;  Be  Allen,  W.  N.  (1867),  11 ;  Ex  parte 
Molyneux,  2  Coll.  273 ;  Be  Ballinrove  Workhouse,  15  W.  R. 
978  ;  Be  Strachen's  Estate,  9  Ha.  185).  See  also  Be  Harri- 
son's Estate,  10  Eq.  532  ;  18  W.  R.  1065  ;  Be  Williams 
Estate,  12  Eq.  488  ;  Be  Lord  Stanley  of  Alderley's  Estate, 
14  Eq.  227  ;  Be  St.  Dunstan's  Charity  Schools,  12  Eq.  537  ; 
19  W.  R.  887  ;  Be  Merceron,  7  Ch.  D.  184.  The  cases 
of  Be  Tofts,  2  Jur.  N.  S.  131,  and  Ex  parte  Slaters,  5 
Ry.  Ca.  700,  turned  on  the  special  wording  of  the  Act ;  and 
the  decisions  in  Be  Saunders,  8  Eq.  681  ;  Be  Spitalfields 
Schools,!^  E(i.  671  ;  Be  Cosmi Truppo' s  Estate,  18  W.  R. 
800 ;  and  Be  Edmeade,  6  Jur.  N.  S.  986,  which  were 
opposed  to  a  long  line  of  decisions,  have  not  been  followed. 

All  costs  being  now  in  the  discretion  of  the  Court,  how-  Present 
ever,  there  seems  no  reason  why  the  company  should  not  be  '"'^.'^^  ^^ 
ordered    to   pay  them  in  any  proper  case,    whether   the 
special  Act  contains  any  provision   to  that  effect  or  not ; 


304 


COSTS   UNI>ER    PARTKULAR   ACTS, 


Costs  of 
unneces- 
sary 
matter. 


see  Ex  parte  Mercers'  Co.,  10  Ch.  D.  48J  ;  48  L.  J.  Cli. 
384 ;  27  W.  R.  424,  a  case  under  the  Metropolitan  Paving 
Act,  57  Oeo.  III.,  c.  29  ;  and  having  regard  to  the  regTets 
formerly  expressed  by  some  of  the  judges  that  they  had  no 
power  to  make  the  company  pay  the  costs,  it  seems  very 
probable  that  now  the  Courts  have  this  power  they  will 
avail  themselves  of  it.  In  ReMerceron,  7  Ch.  D.  184,  the 
M.  K  held  that  he  had  jurisdiction  under  the  Metro- 
politan Paving  Act  itself  to  order  payment  of  the  costs 
of  an  interim  investment  in  consols,  including  the  costs  of 
a  petition  for  the  purpose  ;  and  see  Ex  parte  Hospital  of 
St.  Katharine,  17  Ch.  D.  378. 

But  the  Court  will  take  care  that  the  company  are  not 
put  to  vexatious  and  unnecessary  costs.  Thu.s,  the  setting 
out  of  the  sections  of  the  Lands  Clauses  Act  at  length  in 
a  petition  is  unnecessary  and  improper  (JS'^.-^ko'^j  Oshaldis- 
ton,  8  Hare,  31) ;  and,  in  general,  where  additional  expense 
has  been  incurred  b}'  the  setting  out  of  unnecessary  matter 
in  the  petition,  such  expense  will  be  made  the  subject  of 
a  reference  to  the  Taxing  M.a,ster  (Ha  i re  v.  Levitt,  12  L.  T. 
(0.  S.)  807;  and  see  R  S.  C.  (Costs)  Sched.  r.  18, 
ante,  p.  39  ;  Cons.  Ord.  XL.  r.  9,  as  to  costs  of  unne- 
cessary matter  generally).  It  seems,  however,  that  the 
introduction  into  a  petition  of  clauses  of  Acts,  of  w'hich, 
being  public  Acts,  the  Court  is  bound  to  take  judicial 
cognizance,  is  not  necessarily  impertinent  (Me  LiUcy's 
Tmsts,  17  Sim.  110). 

Where  the  purchase-money  sought  to  be  invested  ex- 
ceeds the  sum  paid  in,  the  Court  will  take  care  that  the 
costs  of  the  company  are  not  increased  by  that  circum- 
into  Coui-t.  stance  {Re  Branmer's  Estate,  14  Jur.  236  ;  followed  in  Re 
'  LovehancVs  Settled  Estates,  9  W.  R  12  ;  30  L.  J.  Ch.  94  ; 
overruling,  it  Avould  seem,  Ex  parte  Lord  Palmersfon,  4 
Ry.  Ca.  57  ;  and  Ex  parte  Vicar  of  CI  a  rho  rough,  12  Jur. 
239);  see  also  Ex  parte  Hodge,  10  Sim.  159  ;  Attorney- 
Genercd  v.  Mayor  of  Rochester,  15  W.  R.  765  ;  W.  N. 
(1867),  142;  Ex  parte  Tetlnj,  4  Ry.  Ca.   55;  Ex  parte 


Where 
liurohase 
money 
exceeds 


LANDS  CLAUSES  CONSOLIDATION  ACT.       305 

King's  Collecje,  5  De  G.  &  Sm.  621  ;  and  Ex  parte  Newton, 
4  Y.  &  Coll.  (Exch.)  518.  In  Ex  parte  Mayor,  l-c,  of 
Carlisle,  1  W.  R  103  ;  20  L.  T.  (O.  S.)  1G6,  in  which  all 
costs,  except  the  stamp  duty,  were  ordered  to  be  paid  by 
the  company,  the  order  was  made  by  consent.  As  to  the 
form  of  an  order  under  the  section,  see  ante,  p.  284,  note, 
and  Seton  on  Decrees,  there  cited.  It  was  said  by  V.  C, 
Kindersley,  in  Ex  parte  Eton  College,  7  W.  R  710,  that 
the  company  were  entitled  to  have  the  words  "  upon  the 
approval  and  execution  of  the  conveyance  "  inserted  in  the 
order.  See,  however,  cases  as  to  abortive  investments 
cited,  post,  p.  308. 

The  company  must  pay  the  costs  of  an  interim  invest-  Costs  of 
ment  in  stock  {Re  Liverpool,  <tc.,  Raihvay  Company,  17  j"terim 
Beav.  392)  ;  of  an  interim  investment  on  real  security  ments. 
{Re  Flemons  Trusts,  10  Eq.  612  ;  Re  Seiuarfs  Estate, 
18  Eq.  278 ;  Re  William  Smith's  Estate,  9  Eq.  178)  ;  and 
of  an  application  for  sale  of  the  stock  in  which  the  fund  has 
been  invested  and  reinvestment  on  mortgage  {Re  Blytlts 
Trusts,  16  Eq.  468;  21  W.  R  819  ;  Reading  v.  Hamilton, 
5  L.  T.  628).  And  the  company  must  pay  such  costs 
without  any  condition  as  to  the  costs  of  any  future  per- 
manent investment  {Re  Blyth's  Trusts  (Lord  Chancellor 
Selborne) ;  Re  Seiuarfs  Estate ;  the  cases  of  Re  Lomax> 
34  Beav.  294  ;  Re  Wilkinson,  16  W.  R  537  ;  and  Re 
Flemon's  Trusts  (on  this  point)  must  be  considered  over- 
ruled). See  also  Ex  'jiarte  Eton  College,  15  Jur.  45;  3 
Rly.  Ca.  271. 

The  Court  will  always  take  care  that  the  company  are  Several 
not  saddled  with  the  costs  of  a  second  unnecessary  ap-  petitions. 
plication  {Re  London  d-  Brighton,  dc.  Railway  Com- 
pany, 18  Beav.  608,  612,  where  the  Master  of  the 
Rolls  required  an  affidavit  to  be  filed  explaining  and  justi- 
fying the  presentation  of  a  second  petition).  See,  too. 
Re  Leigh,  6  Ch.  887 ;  Ex  imrte  Jolliffe,  3  Jur.  N.  S.  633 ; 
In  re  Byrom,  5  Jur.  N.  S.  261  ;  Ex  parte  Winder,  6  Ch. 
D.  696,  where  two  petitions  liad  already  been   dismissed 

X 


800  COSTS   UKDER    PARTICl'LAR    ACTS. 

without  costs,  and  the  Court  declined  to  make  the  company 
pa}'  any  costs  of  the  third.  Where  two  portions  of  a  settled 
estate  had  been  taken  by  different  corporations  and  the 
purchase-money  had  been  paid  into  two  different  branches 
of  the  court,  and  two  petitions  Avere  presented  for  reinvest- 
ment of  the  two  funds  together  in  one  purchase,  the  Court 
only  allowed  the  costs  of  one  as  costs  under  the  Act  {lie 
Gore  Lcmgton's  Estates,  10  Ch.  328  ;  44  L.  J.  Ch.  405  ; 
23  W.  R.  842  ;  32  L.  T.  785).  In  Re  Goe's  Estate,  3  W.  R. 
119,  where  a  second  petition  was  rendered  necessary  by  a 
defect  in  the  order  on  the  first  petition,  the  company  were 
ordered  to  pay  the  costs  of  the  second  petition  ;  and  seei^e 
Bazett,  IG  L.  T.  279,  and  In  re  Metropolitan  Ry.  Co.  and 
Maire,  W.  N.  (187G),  245  ;  but  see  Re  Pryors  Settlement, 
W.  N.  (1876),  141 ;  35  L.  T.  202,  where  no  order  was  made 
as  to  costs.  Where  a  fresh  petition  is  rendered  necessary 
by  the  laches,  both  of  the  petitioner  and  the  company,  in 
not  taking  care  that  a  former  order  was  i)roperly  drawn 
up,  each  party  may  be  left  to  pay  their  own  costs  {Ex 
jKirte  the  Governors  of  Askham  S  Uppingliani  Grammar 
Schools,  23  L.  T.  (0.  S.)  521).  Where  petitioners  entitled 
under  a  will  and  a  settlement  to  the  moneys  paid  into 
court  presented  two  petition.s,  it  was  held  that  the  com- 
pany was  bound  to  pay  tlie  costs  of  the  first  petition  and 
five  guineas  only  towards  the  petitioner's  costs  of  the 
second  petition,  and  three  guineas  for  the  costs  of  each  set 
of  trustees  {Re  Pattison's  Estate,  4  Ch.  D.  207).  Where 
several  petitions  were  presented  for  payment  out  by  the 
different  persons  entitled,  the  costs  of  all  the  petitions 
were  allowed  but  only  one  set  of  costs  for  the  petitions 
presented  by  parties  employing  the  same  solicitor  {Re 
A'icholls's  Trust  Estates,  W.  N.  (1866),  93). 
Costs  of  With  regard  to  the  costs  of  several  investments  in  land 

several        ^j-^g  gQ^]^-^  section  of  the  Lauds  Clauses  Act  contains  the 

luvest- 

luents  in     foUowiuii"  provisions  : — 

'^"  ■  "  Provided  always,  that  the  costs  of  one  application  only 

for  reinvestment  iu  land  .shall  be  allowed,  unless  it  shall 


LANDS  CLAUSES  CONSOLIDATION  ACT.       307 

ai^pear  to  the  Court  of  Chancery  in  England  or  the  Court 
of  Exchequer  in  Ireland,  that  it  is  for  the  benefit  of  the 
l^arties  interested  in  the  said  monies  that  the  same  should 
be  invested  in  the  purchase  of  lands  in  different  sums  and 
at  different  times,  in  which  case  it  shall  be  lawful  for  the 
Court,  if  it  think  fit,  to  order  the  costs  of  any  such  invest- 
ments to  be  paid  by  the  promoters  of  the  undertaking." 

Where  the  purchase-money  paid  in  was  large,  the  costs  of 
three  investments  were  allowed  {Be  St.  Catherines  Dock  Co., 
3  Ely.  Ca.  514,  and  see  p.  513).  So  in  Re  Trustees  of 
St.  Barfholomew's  Hospital,  4  Drew.  425,  where  the  third 
reinvestment  was  of  a  very  small  sum  ;  and  comp.  Ex  parte 
Eton  College,  3  Ely.  C.  271,  but  see  p.  272  ;  Re  Brandon's 
Estate,  2  Dr.  &  Sm.  162  ;  9  Jur.  N.  S.  11 ;  Ex  parte 
Bouvevie,  4  Ely.  Ca.  299  ;  Ex  parte  Trustees  of  Boxmoor, 

3  Ely.  Ca.  513  ;  Ex  parte  Woolley,  17  Jur.  850  ;  and  Jones 
V.  Leivis,  2  M.  &  G.  163;  and  Re  Merchant  Tailors  Com- 
pany, 10  Beav.  485,  decided  under  special  Acts,  from  which 
it  would  seem-  that  the  costs  of  more  than  one  investment 
will  always  be  allowed  if  it  can  be  shown  to  be  "for  the  benefit 
of  the  parties  interested."  See,  too.  Re  Trustees  of  St.  Bar- 
tholomeiv's  Hospital,  cited  above, -Re  Apperleys  Estate,  11 
L.  T.  335 ;  Re  Paddon's  Trusts,  W.  N.  (1878),  Qo.  In 
Ex  p)avte  Rector  of  Loughton,  3  Ely.  Ca.  592,  it  was  held 
that  the  fact  of  a  second  investment  being  for  £,Q  only 
would  not  prevent  the  Court  from  making  the  company 
pay  the  costs  thereof  See,  too,  Re  Brandon's  Estate,  2 
Dr.  &  Sm.  162;  11  W.  E.  53  ;  Ex  parte  The  Fishmongers' 
Company,  1  N.  E.  85.  "Where  the  purchase-money 
amounted  to  £125,000  the  Court  did  not  consider  six  appli- 
cations for  reinvestment,  still  leaving  £38,440  uninvested, 
to  be  unreasonable  {Ex  parte  Hospital  of  St.  Katltarine, 
17  Ch.  D.  378). 

The   costs  of  an   abortive  enquiry  or  attempt  to  sell  Where 
will  not  necessarily  fall  on  the  company  {Ex  parte  Copley,  n^t^can-^ed 

4  Jur.  N.   S.  297;  Re  MacdonaUVs  Will,  2  L.  T.  16S;0"t- 
Ex  parte  Stevens,  15  Jur.   243);  see,   too.  Re   Hardy's 

X  2 


308  COSTS   UNDER   PARTICt'LAR   ACTS. 

Estate,  18  Jur.  870,  where,  on  a  petition  for  investment, 
Avhich  was  not  approved  by  the  Court,  the  company  re- 
ceived their  costs  out  of  the  fund,  but  no  order  was  made 
as  to  the  petitioner's  costs.  But,  as  a  general  rule,  the 
costs  of  a  hondjide  attempt  at  investment  which  fails,  are 
payable  by  the  company  {Re  WooUeys  Edate,  17  Jur. 
8.50 ;  1  W.  R.  407,  465  ;  Ex  ixirte  Vaudrey's  Trusts,  3 
Giff.  224,  where  the  title  had  been  reported  good,  but  the 
contract  was  afterwards  rescinded  in  consequence  of  the 
expense  of  making  a  good  title ;  Ex  parte  Rector  of  Holy- 
well, 2  Dr.  &  Sm.  468;  18  W.  R.  960;  11  Jur.  579  ;  12  L. 
T.  726,  Avhcre  the  title  was  bad  ;  Re  Carney,  20  W.  R. 
407;  W.  N.  (1872)  58  ;  26  L.  T.  808).  It  seems  that  an 
order  for  payment  of  costs  by  a  company  under  sec.  80 
cannot  be  varied  in  their  favour  unless  they  appeal  {Re 
Gregson's  Trusts,  13  W.  R.  198;  10  Jur.  N.  S.  1138). 
S"s.  81,  82.  The  81st  section  of  the  Lands  Clauses  Consolidation 
Act  provides  that  lands  to  be  j^urchased  under  the  provi- 
sions of  that  or  any  special  Act  or  any  Act  incorporated 
therewith  may  be  in  the  forms  specified  in  the  schedules, 
and  that  such  conveyance  shall  have  the  effect  of  vesting 
the  land  in  the  undertakers,  of  merging  attendant  terms, 
and  of  barring  estates  tail.  With  respect  to  the  costs  of 
Costs  of  such  conveyance,  the  82nd  section  provides  that  "  the  costs 
ance^^titl  ^^  ^^^  sucli  conveyances  shall  be  borne  by  the  promoters  of 
&c.  the  undertaking,  and  such  costs  shall  include  all  charges 

and  expenses  incurred,  on  the  part  as  well  of  the  seller  as 
of  the  jDurchaser,  of  all  conveyances  and  assurances  of 
any  su.ch  lands,  and  of  any  outstanding  terms  or  interests 
therein,  and  of  deducing,  evidencing,  and  verifying  the 
title  to  such  lands,  terms,  or  interests,  and  of  making  out 
and  furnishing  such  abstracts  and  attested  copies  as  the 
promoters  of  the  undertaking  may  require,  and  all  other 
reasonable  expenses  incident  to  the  investigation,  deduc- 
tion, and  verification  of  such  title."  Under  this  section  all 
vendor's  costs  of  making  out  the  title  and  of  the  convey- 
ance are  payable  by  the  company  {Re  S/)ooner's  Estate,  I 


LANDS  CLAUSES  CONSOLII^ATION  ACT.       309 

K.  &  J.  220  ;  Ex  parte  Marquis  of  Bath,  4  Ely.  Ca.  567  ; 
and  see  Ex  parte  Eeoffees  of  Ad  dies'  Charity,  3  Hare,  22, 
under  a  special  Act). 

The  costs  of  a  conveyance  prepared  but  not  used  bv  Costs  of 

...  •      T>     ri-        "   unexecuted 

reason  of  incumbrancers  reiusnig  to  join  were  in  Me  Divers,  convey- 
1  Jur.  N.  S.  995,  held  to  be  payable  by  the  company.  ''^"'^^• 

Where  there  is  a  bargain  between  the  ground  landlord 
of  houses  let  at  a  gross  ground-rent,  and  a  railway  com- 
pany who  have  taken  some  of  the  houses,  for  the  payment 
of  compensation  at  so  many  years'  purchase  on  the  rents 
of  the  houses,  taken,  the  costs  of  apportioning  the  ground 
rents  between  the  houses  taken  and  those  left  are  not 
payable  by  the  company  under  this  section  {Ex  imrte 
Buck,  1  H.  &  M.  519). 

The  costs  incurred  in  investi seating  the    title   to  land  Cost«  in- 
before  the  Conveyancing  Counsel  of  the  Court  are  within  ^"{^^g 
sections   82  and  83  of  the  Act,  and  as  they  are  liable  to  conyey- 

1  1  •  DO  •    1  J.  J.     ancing 

taxation,  the  company  have,  under  section  83,  a  right  to  counsel. 
require  a  proper  bill  thereof  to  be  delivered  to  them  {Re 
Spooner's  Estate,  1  K.  il-  J.  220).  Where  an  estate  was 
purcha.sed  witli  the  monies  arising  from  the  sale  of  lands 
taken  by  a  corporation  under  the  compulsory  powers  of 
their  Act,  the  costs  of  laying  the  abstract  of  title  before 
the  purchaser's  counsel,  as  well  as  before  the  counsel  of 
the  Court,  were  allowed  as  against  the  corporation  {Re 
Jones's  Settled  Estates,  -1  Jur.  N.  S.  887).  But  tlie  Lords 
Justices  on  appeal  (27  L.  J.  Ch.  706;  6  W.  R.  762), 
refused  to  allow  the  whole  costs  of  the  private  counsel, 
though  they  thought  that  some  allowance  should  be  made 
towards  such  costs. 

There   is  a  distinction  between  the    costs  payable  by  Distinction 
the    Company   under  section    82  and   under   section  80,  costs  under 
supra,  the  reason  being   that   the  earlier  section  refers  ^- ^^^  =^"^^ 
to    cases    Vv-here    the     Company    uses    its    comjndsory 
powers  and  therefore  has  to  pay  all  the  costs  arising  out 
of  the  transaction  ;   but  section  82  relates  to   purchases 
by  agreement  wh^iva  the  vendor  can  make  liis  own  terms; 


310  COSTS   UNDER   TARTICULAR   ACTS. 

or,  if  he  goes  before  a  jury,  can  urge  any  incidental  ex- 
penses before  the  jury  as  a  ground  for  increase  of  com- 
pensation. This  section,  therefore,  deals  only  with  the 
legal  expenses  of  making  a  title  and  conveying  the  pro- 
perty, taking  those  expenses  in  their  largest  sense,  e.g., 
including  the  taking  out  of  administration  for  purposes 
ot  conveyance  {Re  Liverpool  Improvement  Act,  5  Eq. 
282 ;  overruling  Re  S.  Wales  Ry.,  14  Beav.  418),  but  not 
with  any  costs  of  ascertaining  what  that  is  which  is  to  be 
put  into  the  document  {Ej:  parte  Bud-,  1  H.  &  M.  519, 
where  the  costs  of  apportioning  ground  rents  between 
houses  taken  and  houses  not  taken  were  disallowed  against 
the  company  on  taxation)  ;  and  sec  Ex  parte  Tncumhent 
of  Alsager,  2  W.  R.  324;  Ex  parte  Feoffees  of  Addles' 
Charity,  3  Hare,  22  ;  Re  Woodhurn's  Trust,  13  L.  T.  237. 
The  costs  of  conveyance  under  section  82  do  not,  it  seems, 
include  costs  of  a  collateral  agreement  with  the  vendor, 
which,  though  part  of  the  consideration  for  the  purchase, 
forms  no  part  of  the  conveyance  {Re  Lietch  andKeivney, 
15  W.  R.  1055). 

The  cases  as  to  the  costs  of  suits  and  other  proceedings 
rendered  necessary  by  the  death  of  tlie  vendor  leaving  an 
infant  heir  or  devising  the  lands  sold  to  an  infant  have 
been  already  considered,  ante,  p.  285,  note. 
S.  S3.  The  83rd  section  provides  that  "  if  the  promoters  of  the 

undertaking  and  the  party  entitled  to  any  such  costs  shall 
not  agree  as  to  the  amount  thereof"  (see  Re  Rhodes,  8 
Beav.  224  ;  Lahe  v.  Eastern  Counties  Raihvay  Company, 
19  L.  T.  (0.  S.)  323),  "  such  costs  shall  be  taxed  by  one  of 
the  taxing  masters  of  the  (/ourt  of  Chancery,  or  by  a 
Master  in  Chancery  in  Ireland,  upon  an  order  of  the  same 
Court,  to  be  obtained  upon  petition  in  a  summary  way  by 
either  of  the  parties  ;  and  the  promoters  of  the  under- 
taking shall  pay  what  the  said  Master  shall  certify  to 
be  due  in  respect  of  such  costs  to  the  party  entitled 
thereto,  or  in  default  thereof,  the  same  may  be  recovered 
in    the  same  way  as  any  other  costs   payable  under  an 


COSTS    UNDER    TRUSTEE    RELIEL'^    ACT.  311 

order  of  the  said  Court,  or  the  same  may  be  recovered 
by  distress  in  the  manner  herein-before  provided  in 
other  cases  of  costs  ;  and  the  expense  of  taxing  such 
costs  shall  be  borne  by  the  promoters  of  the  under- 
taking, unless  upon  such  taxation  one-sixth  part  of  the 
amount  of  such  costs  shall  be  disallowed,  in  which  case 
the  costs  of  such  taxation  shall  be  borne  by  the  party 
whose  costs  shall  be  so  taxed,  and  the  amount  thereof 
shall  be  ascertained  by  the  said  Master  and  deducted  by 
him  accordingly  in  his  certificate  of  such  taxation."  See 
Re  Bpooners  Eshite,  1  K  &  J.  220,  cited  ante,  p.  308, 
and  as  to  taxation  and  costs  of  taxation,  see  j^ost,  ch.  VIII. 

The  deposit,  which,  under  the  85th  section  of  the  Act  Lien  for 
the  company  are  required  to  make  before  entering  on  deposit. 
any  land,  is  not  subject  to  any  lien  for  the  costs  of  the 
vendor ;  but  upon  due  performance  of  the  condition  of 
the  bond  mentioned  in  the  same  section,  the  company  are 
entitled  to  have  the  money  paid  out  to  them,  notwith- 
standing the  pendency  of  a  question  between  them  and 
the  vendor  with  respect  to  such  costs  {Ex  parte  Stevens, 
2  Phil.  772  ;  5  Ry.  Cas.  269  ;  Re  Neath  and  Brecon  Ry. 
Co.,  9  Ch.  263  ;  see,  too,  Ex.  parte  Great  Northern  Rail- 
way Company,  12  Jur.  885  ;  16  Sim.  169  ;  Ex  parte  Lon- 
don, Chatham,  and  Dover  Ry.  Co.,  W.  N.  (1868),  75  ;  Re 
Wimbledon  and  Dorking  Ry.  Act,  9  L.  T.  703  ;  Ex  parte 
Birmingham,  dr.,  Ry.  Co.,  1  H.  &  M.  772).  Where  the 
land  had  been  sold  and  the  purchasers  presented  a  petition 
for  payment  out  of  the  deposit,  the  vendors,  who  had 
refused  to  join  as  co-petitioners,  were  not  allowed  any  costs 
of  appearing  as  respondents  on  the  petition  (Re  HolmoM's 
Settlement,\Y.  N.  (1877),  272). 


Sect.  III. — Costs  under  Trustee  Relief  Act. 

the  10  &  11  Vict.  c.  96  (usually  called  the  I 

Act)  all  trustees,  executors,  administrators,  oi 

persons  having  in  their  hands  any  moneys  belonging  to 


By  the  10  &  11  Vict.  c.  96  (usually  called  the  Trustee  lo  ^t  11 
Relief  Act)  all  trustees,  executors,  administrators,  or  other 


312  COSTS   UNDER   PARTICULAR   ACTS. 

any  trusts  whatsoever,  or  the  major  part  of  them,  are 
empowered  to  pay  the  same  into  the  Bank  to  the  account 
of  the  Accountant-General*  of  the  Court  of  Chancery,!  in 
the  matter  of  the  particular  trusts,  and  all  trustees  or 
other  persons  having  any  annuities  or  stocks  standing  in 
their  name  in  the  books  of  the  Governor  and  Company 
of  the  Bank  of  England,  or  of  the  East  India  Company, 
or  South  Sea  Company,  or  any  Government  or  Parlia- 
mentary securities  standing  in  their  names,  or  in  the 
names  of  any  deceased  persons  of  wliom  they  shall  be 
personal  representatives,  upon  any  trusts  whatsoever,  or 
the  major  part  of  them,  are  empowered  to  transfer  or 
deposit  such  stocks  or  securities  into  or  in  the  name  of  the 
Accountant-General*  in  the  matter  of  the  particular  trust, 
in  trust  to  attend  the  orders  of  the  Court. 

Tlie  2nd  Section  of  the  Act  empowers  the  Court  to 
make  such  orders  as  it  shall  think  fit  in  respect  of  the 
trust  monies,  stocks,  or  securities  so  paid  in,  transferred, 
and  deposited  as  aforesaid,  and  for  the  investment  and 
payment  of  any  such  monies,  or  of  any  dividends  or  in- 
terest on  any  such  stocks  or  securities,  and  for  transfer  and 
delivery  out  of  any  such  stocks  and  securities,  and  for  the 
administration  of  any  such  trusts  generally  upon  a  petition 
to  be  presented  in  a  summary  way  by  such  party  or  parties 
as  to  the  Court  shall  appear  to  be  competent  and  neces- 
sary in  that  behalf,  and  service  of  such  petition  shall  be 
made  upon  such  person  or  persons  as  the  Com-t  shall  see 
fit  and  direct.  For  the  general  practice  under  the  Act, 
see  Morgan's  Chancery  Acts  and  Orders,  p.  63  et  seq., 
5th  ed.  Tlie  Act  makes  no  mention  of  costs,  but  this 
omission  is  now  of  course  supplied  b}"  the  Judicature  Act 
and  Rules ;  see  R  S.  G,  Ord.  LV.  r.  1,  which  leaves  the 
costs  of  and  incident  to  all  proceedings  in  the  High  Court 
in  the  discretion  of  the  Court.  And  even  before  the 
Judicature  Act,  it  was  held  that  as  the  fund  paid  in  by  the 

*  Kow  the  Paymaster  General,  35  &  36  Vict.  c.  4i,  s.  4, 
t  See  Judicature  Act,  ISrS,  s.  34  (2). 


COSTS    UNDER   TRUSTEE   RELIEF   ACT.  313 

trustee  was  to  be  paid  in  in  trust  to  attend  the  orders  of 
the  Court,  it  became  subject  to  the  general  jurisdiction  of 
the  Court,  which  inchided  a  power  to  order  the  payment 
of  costs  {Re  Woodhurn's  ^Ym,  1  De  G.  &  J.  83.3 ;  Re 
Armstons  Trusts,  4  De  G.  J.  iS:  S.  454;  4  N.  R.  450; 
10  Jur.  N.  S.  715). 

In  the  older  cases  it  seems  to  have  been  thought  that  a  Old  rule  as 
trustee  was  always  justified  in  paying  money  in  his  hands  ti-^g^^go 
into  Court  under  this  Act,  and  that  he  ought  in  all  cases  P^'-J'^^s . 

.   .  ,  money  into 

to  be  allowed  his  costs  of  appearing  on  a  petition  to  have  Court. 
it  paid  out  again,  see  Re  Croydens  Trusts,  14  Jur.  54; 
Mitchell  V.  Cobb,  17  L.  T.  (0.  S.)  25. 

But  thoucrh  as  a  oreneral  rule  such  costs  will  be  allowed  Trustee 
(Re  Ershines  Trusts,  1  K.  &  J.  302),  it  is  now  settled  tious'iy 
that  a  trustee  vexatiously  paying  money  into  Court  under  iwing 

.   .  money 

the  Act  will  not  be  allowed  any  costs  on  a  petition  to  get  into  Court 
it  out  again  {Re  Heminc/s  Trusts,  3  K.  &  J.   40  ;   Re  '''f  ^^ , . 

o  ^  u  '  '  refused  liis 

Covington's  Will,  25  L.  J.  Ch.  238;    1  Jur.  N.  S.  1 1 57)  ;  costs  of  ap- 
and  may  even  be  ordered  to  pay  the  costs  of  a  petition  to  ^  oniere'd 
get  the  money   out    again  {Re  Woodburn's   Will,  1  De  to  pay 
G.  &J.  333;  Re  Coder's  Trusts  (No.  1),   25  Beav.  361  ;  p°etition. 
Re  Kniyhfs  Trusts,  27  Beav.  45).     It  seems,  however,  But  not  to 
that  if  the  trustee  deducts  his  costs  of  paying  the  money  gost"of 
into  Court  from  the  fund  before  doing  so,  the  Court  has  payment 

.    ■..      .  1       1  •  f     1  •    •  1       i^to  Court 

no  jurisdiction,  upon  tlie  liearing  ot  the  petition,  to  make 
any  order  as  to  these  costs  {Re  Bloye's  Trusts,  1  Mac.  &  G. 
488,  504  ;  Re  Leake  s  Trusts,  32  Beav.  135  ;  1  N.  R.  417 ; 
Re  Barber's  Trusts,  2  N.  R.  571;  Re  Fortune's  Trusts, 
Ir.  R.  4  Eq.  351).  But  on  ordering  payment  out  and 
taxation  of  costs,  the  trustees'  costs  of  paying  in  may  be 
included,  and  the  sum  then  deducted  by  them  set  off 
{Re  Hue,  27  Beav.  337  ;  5  Jur.  N.  S.  1235 ;  7  W.  R.  562  ■ 
Re  Bullass,  V.  C.  M.  27  Jan.  1871  ;  A.  251 ;  Re  Williams, 
V.  C.  B.,  11  March,  187G  ;  B.  781  ;  cited  in  Seton,  p.  498; 
and  see  also  Re  Sweepers  Trusts,  19  W.  R.  793  ;  24  L.  T. 
413). 

Where  there  is  a  dispute  as  to  the  amount  of  costs  to  Where 

there  is  a 


oil  COSTS    UNDER   PARTICULAR   ACTS. 

Jispute  as    Avhich  lie  is  entitled,  the  trustee  ought  to  pay  in  the  whole 

to  the         fund,  and  let  the  Court  decide  the  question  ;  and  where  a 

of  the         trustee  deducted  an  excessive  amount  for  his  costs  he  was 

costs/ ^      ordered  on  bill  filed  to  make  good  the  entire  trust  fund, 

and  pay  the  costs  of  the  suit  ;  but  he  was  to  be  allowed 

such  costs  as  he  was  properly  entitled  to  when  the  fund  in 

Court  came  to  be  dealt  with  {Beaty  v.  Curson,  7  Eq.  194  ; 

38  L.  J.  Ch.  IGl  ;  17  W.  R  132  ;  20  L.  T.  Gl). 

What  IS  ^|^(^  question  what  constitutes  vexatious  conduct  on  the 

a      vex-  '■ 

atious"  part  of  the  trustee  so  as  to  disentitle  him  to  costs,  or  make 
into  Ct"ut  ^^^"^  liable  to  pay  them,  is  one  of  some  difficulty.  In  Re 
Ilemiiig's  Trusts,  3  K.  &  J.  40,  a  trustee  who  paid  an 
alleged  balance  into  Court  on  the  ground  that  his  cestui 
que  trusts  declined  to  sign  an  ac(|uittance  in  respect  of  all 
demands  against  him  as  trustee,  was  disallowed  his  costs. 
In  Be  Woodburn's  Will,  1  De  G.  &  J.  333,  the  fact  that 
the  trustee  had  paid  the  money  into  Court  without  wait- 
ing for  evidence  of  title,  which  the  cestui  que  tnists  were 
engaged  in  procuring,  and  without  stating  what  evidence 
he  should  require,  was  held  a  ground  for  making  him  j^ay 
costs.  The  same  order  was  made  in  Be  Caters  Trusts 
(No.  1),  25  Beav.  361,  where  the  ground  of  paying  the 
money  in  Avas  an  alleged  refusal,  on  the  part  uf  the  other 
trustees  to  whom  the  fund  was  payable,  to  give  a  release 
by  deed  ;  in  Be  Fortune's  Trusts,  Ir.  1\.  4  Eq.  351,  where 
executors  refused  to  pay  a  simple  pecuniary  legacy  unless 
the  legatee  would  give  a  release  (which  he  agreed  to  do), 
and  pay  the  costs  of  it  (which  he  refused  to  do),  and  see 
Be  Boherts  Trusts,  17  W.  R.  639  ;  and  Be  Elgar,  11  L.  T. 
415  ;  in  Be  Elliot's  Trusts,  15  Eq.  194 ;  42  L.  J.  Ch.  289  ; 
21  W.  R.  455,  where  there  seems  to  have  been  no  reason 
whatever  for  paying  the  money  into  Court,  except  a  wish 
to  get  rid  of  it;  in  Be  Glendennlncj,  W.  N.  (1867),  191, 
where  the  trustees  stated  in  their  affidavit  that  they  were 
going  to  pay  in  the  capital  of  the  fund  and  then  paid  in 
only  a  small  dividend ;  in  Be  Folhjnos  Mortgage, 
32  Beav.  131,  where  the  money  was  paid  in  by  mort- 


COSTS    UNDER    TPvUSTEE    RELIEF   ACT.  315 

gagees  wlio  had  sold  under  tlieir  power,  and  who  refused 
to  pay  over  the  surpUis  monies  to  a  person  to  whom  the 
mortgagor  had  assigned  his  interest  by  way  of  indemnity, 
with  power  to  sell  and  give  receipts,  unless  the  mortgagor 
concurred  and  executed  a  release  to  them ;  in  Re  Wise's 
Truds,  Ir.  R.  3  Eq.  599,  where  the  executors  of  a  surviv- 
ing trustee  refused  to  pay  the  fund  to  new  trustees 
properly  appointed,  and  see  Re  Ahhofs  Trusts,  38  L.  T. 
442  ;  and  in  Re  Knighfs  Trusts,  27  Beav.  45  ;  5  Jur. 
N.  S.  326,  where  the  trustee,  before  paying  the  money  in, 
neglected  to  make  any  enquiries  as  to  whether  the  persons 
entitled  were  alive  or  dead. 

In  Re  HosJdn's  Trusts,  5  Ch.  D.  229,  a  married  woman, 
under  a  general  power,  appointed  a  fund  among  five 
persons  by  wall,  and  appointed  executors ;  the  trustees 
paid  the  money  into  Court.  Upon  a  petition  for  pay- 
ment out  by  the  appointees,  it  was  held  that  the  trustees 
ought  to  have  |)aid  the  fund  to  the  executors  for  distribu- 
tion, and  they  were  therefore  ordered  to  pay  the  costs  ; 
but  as  the  executors  were  the  proper  persons  to  present 
the  petition,  the  trustees  were  relieved  from  so  much  of 
the  costs  as  had  been  occasioned  by  the  appointees  proving 
their  title. 

A  trustee  who  insists  upon  the  petition  being  served  Trustee 
upon  unnecessary  parties,  will  be  disallowed  his  costs  {Re  ^^^  ^^^^^° 
Metcalfe,  2  De  G.  J.  &  S.  122  ;  3  N.  E.  657).  necessary 

A  trustee  who  pays  money  into  Court  under  the  Act  ,„ 
in  order  to  prevent  an  action  being  brought  against  him  paying  in 
{Re  ^Yariag,  21  L.  J.  Ch.  784  ;  Re  Fagg,  19  L.  J.  Ch.  175),  '^^/J^ 
and   trustees    who   act    with    unreasonable    caution    {Re  action 
Wartvkk  Pearson's  Trusts,  17  W.  R.  365  ;  20  L.  T.  8 ;  £'"'* 
Re  Thakeham  Monies,  W.  N.  (1871),  172),  will  be  dis- 
allowed their  costs. 

On  the  other  hand,  where  a  trustee,  having  bond  fide  where 
doubts  as   to  the  persons  entitled  to  the  money  in   his  trustees 

...     costs 
hands,  pays  it  into  Court,  the  Court   will  allow  him  his  allowed, 

costs  {Re  Wyllgs  Trusts,  28  Beav.  458).     Thus,  a  trustee 


CIG  COSTS    UNDER    PARTICULAR   ACTS. 

of  a  fniid  subject  to  a  power  of  appointment,  has,  of  course, 
a  right  to  "  satisfactory  evidence "  that  no  appointment 
has  been  made  before  paying  the  money  to  the  persons 
entitled  in  default  (ibid.).  This  means  such  evidence  as 
a  conveyancer  would  require  ;  a  letter  from  the  solicitor 
of  the  donee  of  the  power,  would  be  (juite  sufficient ;  and 
trustees  who  arc  not  satisfied  Avith  the  ordinary  evidence 
and  in  their  excessive  caution  pay  the  money  into  Court 
will  liave  to  pay  the  costs  (JRe  CuWs  Trusts,  20  Eq.  561 ; 
23  W.  R.  850 ;  32  L.  T.  853).  In  general  a  trustee  who 
pays  the  money  into  Court,  because  being  in  failing  health, 
or  of  advanced  years,  he  wishes  to  be  discharged  (Re 
Wyllys  Trusts^  28  Beav.  458),  or  because  he  wishes  to 
avoid  being  associated  with  a  new  trustee  to  whose  ap- 
pointment he  objects  {Re  WiUiams  Trusts,  6  W.  R.  218), 
will  be  alU)wed  his  costs.  So  when  a  married  woman, 
entitled  to  a  legacy,  and  her  husband  were  abroad,  and 
the  executor  declined  to  pay  the  legacy  under  a  power  of 
attorney,  and  paid  it  into  Court,  he  was  held  to  be  justified 
in  so  doing,  and  was  allowed  his  costs  of  paying  it  in,  and 
of  appearing  on  the  petition  to  have  itj^aid  out  {Re  Jones, 
3  Drew.  079).  A  fortiori,  a  trustee  is  justified  in  paying 
his  money  into  Court  when  he  has  received  actual  notice 
of  different  claims  thereon  {Re  Hendington's  Trusts, 
27  L.  J.  Ch.  175  ;  6  W.  R.  7),  and  he  is  not  bound  to 
decide  as  to  the  validity  of  such  chiims  {ibid.)  ;  and  see 
Re  Maclean,  19  Eq.  282,  where  the  claim  was  brought 
forAvard  bond  fide  by  a  responsible  solicitor,  and  supported 
by  learned  counsel.  And,  where  a  husband  wished  to 
have  a  sum  of  money  which  was  in  the  hands  of  a  trustee 
for  his  Avife,  settled,  and  a  settlement  was  accordingly 
prepared,  but  disputes  arose  respecting  it,  and  it  was  not 
executed,  and  the  husband  and  wife  required  the  trustee 
to  pay  the  money  to  them,  it  was  held  that  the  trustee 
was  justified  in  paying  the  money  into  Court  instead,  and 
that  he  was  entitled  to  his  costs  {Re  Bendjjshe,  3  Jur. 
N.  S.   727 ;    5  W.   R.  816).     Again,    in   Re   Brocklesb>/> 


COSTS    UKDEll    TRUSTEE    RELIEF   ACT.  Bl7 

29  Beav.  (352,  the  late  Master  of  the  Rolls  refused  to  make 
trustees,  who  had  paid  into  Court  the  ascertained  share  of 
a  residue  belonging  to  a  married  woman,  pay  any  costs, 
observing,  that  except  on  a  petition  there  could  bo  no 
affidavit  of  a  settlement,  which  the  Court  always  required. 
So  it  has  been  held,  that  where  the  person  entitled  claims 
by  representation,  the  trustees  will  be  allowed  their  costs, 
as  the  possibility  of  a  disposition  by  the  deceased  person 
is  not  excluded  {Re  Lanes  Trusts,  24  L.  T.  (0.  S.)  181). 

The  above  decisions  must  be  regarded  as  iiomQ\v\\?it  Re  Birlctf. 
qualified  by  a  recent  decision  of  the  Master  of  the  Rolls, 
in  which  his  Lordship  said,  that  when  it  is  doubtful  to 
whom  a  legacy  is  payable  the  better  course  is  not  to  pay 
it  into  Court  under  the  Trustee  Relief  Act  but  to  take 
out  an  administration  summons,  waiving  accounts,  simply 
to  obtain  the  decision  of  the  judge;  or,  after  taking  out 
such  a  summons,  where  both  parties  agree,  to  submit  a 
statement  of  facts  in  the  nature  of  a  special  case  for  the 
opinion  of  the  judge.  If  the  executor  does  pay  it  in  he 
will  be  left  to  take  his  costs  out  of  the  residuary  estate, 
and  will  not  have  them  out  of  the  legacy  [Re  Birhett,  9 
Ch.  D.  576 ;  47  L.  J.  Ch.  846  ;  27  W.  R.  164 ;  39  L.  T. 
418). 

Prior  to  the  Judicature  Act,  1873,  s.  25  (6),  money  due  Costs 
on  a  policy  of  assurance  could  not  properly  be  paid  into  T^^^^ 
Court  under  the  Trustee  Relief  Act,  unless  it  was  subject  monieslre 
to  some  trust  (Mattheiu  v.  Northern  Assurance  Co.,  9  Ch.  }^^^'*  '"^^ 
D.  80  ;  47  L.  J.  Ch.  562  ;  27  W.  R.  51  ;  38  L.  T.  468).    °"'*' 
But  the  objection  to  the  jurisdiction  could  not  be  taken 
upon  the  hearing  of  a  petition  under  the  Act  {Re  Haycock's 
Policy,  1  Ch.  D.  611,  where  the  payment  in  having  been 
proper  in  other  respects  the  company  had  their  costs  ;  and 
see  Re  Sutton's  Trusts,  12  Ch.  D.  175  ;  48  L.  J.  Ch.  350  ; 
27  W.  R.  429,  where  a  banking  company  paid  money  into 
Court,  the  payment  in  not  being  justified  either  by  the 
Trustee  Relief  Act  or  the  Judicature  Act,  and  were  held 
entitled  to  their  costs).     If  the   payment  in  were   proper, 


318  COSTS   UNBEK   PARTICULAR   ACTS. 

the  company  would  be  entitled  to  tlieir  costs  as  betAveeu 
solicitor  and  client,  but  not  to  any  charges  and  expenses 
{Re  WcUy.s  PoVtcij,  2  Eq.  456).  Now  by  s.  2-5  (6)  of  the 
Judicature  Act,  1873,  a  debtor,  trustee,  or  other  person 
liable  in  respect  of  an  assigned  debt  or  chose  in  action, 
having  notice  that  such  assignment  is  disputed,  or  of  any 
conflicting  claims  to  such  debt  or  chose  in  action,  is  em- 
powered to  pay  it  into  Court  unJer  the  Act ;  see  Re 
Sutton  s  Trusts.  A  company  properly  paying  money  into 
Court,  but  appearing  on  the  hearing  of  the  petition  and 
raising  a  question  on  which  they  fail,  will  lose  their  costs 
of  appearance  (Rf  Rosier's  Trusts,  W.  N.  (1877),  225). 

Wiierc  a  fund  belonging  to  a  married  woman  was  paid 
into  Court  under  the  Trustee  Relief  Act,  in  order  that  she 
might  have  the  benefit  of  a  settlement,  the  trustees  were 
allowed  their  costs,  notwithstanding  repeated  expressions 
by  her  that  she  did  not  desire  a  settlement  (Re  Swan's 
Settlement,  2  H.  &  M.  35;  4  N.  R.  53;  12  W.  R.  738; 
which,  hoAvever,  Y.  C.  Malins  declined  to  follow  in  Re 
Roberts'  Trusts,  17  W.  R.  039;  \V.  N.  (18(39)  88). 
Where  In  a  case  before  V.  C.  Wood  (Re  Eyre,  3rd  July,  1858, 

persous  j-j^^j,  j.gpQj-ted  on  this  point),  that  learned  Judge  expressed 
siveiy  an  opinion  that  wherever  the  fund  was  settled  on  one 
person  for  life  and  others  in  remainder,  the  trustee  had  a 
right  to  pay  the  money  into  Court.  See,  however,  Re 
Leahe's  Trusts.  32  Beav.  135,  where  trustees  who,  having 
accepted  a  trust  of  this  nature,  had,  without  the  occur- 
rence of  any  change  in  the  nature  of  the  trust,  paid  the 
money  into  Court  under  this  Act,  were  disallowed  their 
costs  of  appearance  on  a  petition  for  payment  of  the  divi- 
dends to  the  tenant  for  life. 
Where  The  fact  that  trustees  have,  under  a  misapprehension,. 

paidTo  P^i"-^  ^  i\\xn\.  to  an  account  wrongly  entitled,  is  no  ground 
wrong  fop  depriving  them  of  their  costs  {Re  Jenkins'  Trusts,  3 
"^^""'      N.R.408). 

Costs  of  Where   a  creditor  of  a  party  interested  in  a  fund  in 

trustees  on  ("Jourt  Under  the  Act  presents  a  petition  for  a  stop  order 

petition  for  '■ 

stop  order 


COSTS   UNDER   TRUSTEE   RELIEF   ACT.  819 

and  serves  the  trnstees,  he  must  pay  the  costs  (Re  Blunt's 
Trusts,  10  W.  R  379) ;  but  where  the  neglect  of  the 
trustee  to  file  a  supplemental  affidavit  had  made  the  appli- 
cation necessary  he  himself  had  to  pay  them  {Re  Aliens 
Trmts,  27  W.  R  529;  40  L.  T.  456). 

The  costs  allowed  to  a  trustee  Avill  not  include  the  costs  wii.at  costs 
of  copies  of  affidavits  of  persons   claiming  beneficial  in-  trustees  ^ 
terests  {Re  Lazarus,  3  K.  &  J.  555).     And  where  a  peti-  Trustees 

tion  was  presented  by  the  trustees  without  the  consent  of  petitioning 

.    .  1  .  .      only 

the  beneficiaries,  and  no  cause  was  shown  for  their  moving  allowed  re- 
in the  matter,  the  Court  allowed  them  only  respondent's  cS'^^"^*'^ 
costs  {Re  Cazneau's  Legacy,  2  K.  &  J.  249  ;  Re  Hutchin- 
son s  Trusts,  1  Drew.  &  Sm.  27).  See,  however,  Re  Trovjers' 
Trusts,  1  L.  T.  54. 

In  Ireland  £8  is  the  sum  ordinarily  allowed  for  costs  of  Costs 
payment  in  {Re  Boyd,  Ir.  R.  1  Eq.  489).     If  the  trustees  ireTaud/" 
deduct  more  they  may  get  no  costs  of  appearing  on  the 
petition  {Re  Blayneys  Trust,  Ir.  R  9  Eq.  413). 

It  was  said  by  V.  C.  Wood,  in  Mountain  v.  Young,  18  Where 
Jur.  770,  that  trustees  are  always  justified  in  not  paying  declines  or 
money  into  Court,  as  it  may  turn  out  that  there  was  no  °™it*^  t° 
occasion  for  doing  so.     In  a  later  case,  the  plaintiffs,  who  into  Court. 
Avere  entitled  to  the  investment  of  a  pecuniary  legacy,  had 
by  letter  requested  the  defendants,  their  trustees,  one  of 
whom  was  also  the  residuary  legatee,  to   pay  the   legacy 
into  Court  under  this  Act,  but  the  trustees  declined  to  do 
so,   and   stated    that   they  had   invested   the    money   as 
directed  by  the  will,  and  that  they  did  not  wish  to  divest 
themselves  of  the  trusts.     The  trustees  by  their  answer 
objected  to  pay  the  money  into  Court,  but  at  the  bar 
admitted  the  plaintiffs'  right  to  have  it  so  paid  in.     It 
was  held  by  V.  C.  Stuart  that  the  costs  of  the  suit,  which 
might  have  been  rendered  unnecessary  by  payment  of  the 
money  into  Court  under  the  Act,  must  be  borne  by  the 
residuar}"-  fund  to  which  one  of  the  trustees  was  entitled 
{Handley  v.  Davies,  28  L.  J.  Ch.  873).      But  as  a  rule 
where  a  trustee,  who  has  money  in   his   hands,  instead  of 


320  COSTS   UNDER   fARTlCULAR   ACTS. 

paying  it  into  Court  under  the  Act,  institutes  a  suit  toad- 
ministerthe  fund,  he  will  only  be  allowed  the  costs  to  which 
he  would  have  been  entitled  if  he  had  paid  it  in  under 
the  Act  {Wells  v.  Mulhon,  31  Beav.  48) ;  and  see  ^Yeller\. 
Fitz  Hugh,  W.  N.  (1870),  144,  and  Gunnell  v.  WhUear,  10 
Eq.  C64  ;  18  W.  K  883 ;  22  L.  T.  645,  where  the  trustee, 
the  defendant,  was  ordered  to  pay  all  the  costs  of  the  suit, 
deducting  only  such  costs  as  he  would  have  been  entitled 
to  if  he  had  paid  the  money  into  Court,  and  the  costs  of 
appearing  on  the  petition  ;  secz/.s',  where  the  trustee  has  a 
right  to  claim  to  be  discharged  from  the  trusts  {Barker  v. 
Piele,  2  Dr.  &  Sm.  340). 
Costs  of  re-  The  general  rule  is  that  all  persons  mentioned  in  the 
spoiirleiits.  t,  ^;^tQ^.'g  affidavit  must  be  served.  But  the  parties  served, 
if  they  claim  no  interest,  ought  not  to  appear ;  and,  if  they 
do,  will  not  be  allowed  their  costs  {lie  Smtf/t,  3  Jur.  C59 ; 
D<i>j  v.  Croft,  19  Beav.  olS  ;  and  lie  Blrc/rs  Lefjucy,  2  K. 
&  J.  3G9  ;  and  under  another  Act,  Re  Justices  of  Coventry, 
19  Beav.  158  ;  but  see  contra.  Ex  parte  Queen's  College, 
f)  W.  R  9,  where  V.  C.  Stewart  held  that  the  case  differed 
from  that  of  ^(^((r^/es  to  a  cause  served  with  a  petition). 
So  incumbrancers  appearing  upon  a  petition  by  a  prior  in- 
cumbrancer, whose  debt  exhausted  the  fund  in  Court,  in 
spite  of  a  notice  by  the  petitioner's  solicitor,  that,  if  they 
appeared,  the  payment  of  their  costs  would  be  resisted, 
were  held  disentitled  to  costs  {Roberts  v.  Ball,  24  L.  J.  Ch. 
471).  And  a  party,  Avho,  although  not  mentioned  in  the 
affidavit,  makes  a  claim,  in  consequence  of  which  he  is 
served,  but  which  he  afterwards  at  the  hearing  of  the 
petition  withdraws,  will  not  bo  allowed  his  costs  {Re  Parry, 
12  Jur.  615).  Solicitors  who  give  notice  of  possible  claims 
whereby  money  is  paid  into  Court,  are  not  proper  respon- 
dents to  the  petition,  and  are  entitled  to  their  costs  {Re 
Provident  Clerks' Association,  18  W.  R.  126;  21  L.  T. 
384 ;  where,  to  save  taxation,  £S  were  allowed).  And  see 
^  ^^^^  /  generally  as  to  costs  of  unnecessary  appearances,  a  nte,  p.  68. 
a^y^ULls^i     Out  of  The  costs  of  paying  the  money  into  Court,  as  a  general 


COSTS    UNDER   TRUSTEE    RELIEF   ACT.  321 

rule,  ought  to  be  deducted  out  of  the  general  trust  estate,  what  fund 
if  there  be  one  {Re  Cairtlwvne,  12  Beav.  oQ ;  Re  Jones,  payintr 
3  Drew.  679).     But  if  there  be  no  general  residue,  or  if  money  in. 
the  fund  paid  in  has  been  completely  "severed  therefrom 
and  appropriated,"  they  must  come  out  of  the  fund  itself 
{Re  Lorimer,  12  Beav.  521).     Such  costs,  if  not  deducted, 
will  be  ordered  to  be  paid  out  of  the  corpus  of  the  fund 
{Re  Bayers,  Seton,  498,  -Ith  ed.)     And  see  Re  BirJcetf,  9 
Ch.  1).  576,  cited  ante,  p.  317. 

The  costs  of  payment  out  generally  come  out  of  the  ^'o**^^  °f 

obtainin'T 

fund  itself  {Re  Dickson,  1  Sim.  N.  S.  37 ;  Re  Ross,  ibid,  payment' 
196  ;  Re  Jones,  3  Drew,  679 ;  Re  Robertson's  Trusts,  6  °'^*- 
W.  R.  405).  But  as  leave  may  be  given  to  bring  an  action, 
which  would  have  the  effect  of  throwing  such  costs  upon 
the  general  estate  {Re  Shar2)e,  15  Sim.  470;  Re  Feltham, 
1  K.  Sc  J.  528),  so  the  Court  can,  uj)on  petition,  order  the 
costs  to  be  paid  out  of  the  residue  {Re  Trick,  5  Ch.  170  ; 
39  L.  J.  Ch.  201  ;  18  VV.  R.  123  ;  21  L.  T.  739  ;  overruling 
Re  Bartholomew,  13  Jur.  380  ;  and  Re  Hodgson,  18  Jur. 
786 ;  2  Eq.  Rep.  1083).  In  Re  Feltham,  1  K.  &  J.  533, 
534,  the  costs  of  the  executors  who  had  j)aid  the  fund 
into  Court  were  ordered  to  come  out  of  the  general 
residue  ;  and  see  Re  Birkett. 

Where  a  sum  of  stock  representing  sixteen  shares  in  a 
legacy,  five  of  which  were  held  to  have  lapsed,  was  trans- 
ferred into  Court,  Lord  Cran worth,  V.  C,  held  that  the 
lapsed  shares  ought  to  bear  the  costs  of  the  petitioners  and 
respondents  {Re  Ham's  Trust,  2  Sim.  N.  S.  106). 

Where  a  feme  covert  appeared  on  a  petition  for  distribu- 
tion of  a  fund  in  Court  under  this  Act,  and  together  with 
her  husband  opposed  the  distribution,  the  Court  ordered  a 
part  of  the  fund  to  which  she  was  entitled  for  her  separate 
use  to  be  applied  in  payment  of  tlie  costs  of  such  opposi- 
tion {Newton  v.  Ricketts,  9  H.  L.  C.  262;  affirming  Re 
Ricketts,  1  J.  &  H.  70). 

In  Mutlow  V.  Mutloiu,  4  De  G.  k  J.  539,  a  fund  paid 
into  Court  under  the  Act  was  ordered  to  bear  the  costs  of 

Y 


income. 


32*2  COSTS    UKDER    PARTICULAR   ACTS. 

a  suit  which  had  been  instituted  to  administer  the  estate 
of  which  it  formed  part.  On  an  application  for  payment 
out,  the  trustees  will  not  get  any  costs,  charges,  or  ex- 
penses incurred  before  the  payment  in,  but  only  those  pro- 
perly incurred  since  :  Re  Behrens,  M.  R  5  Aug.,  1874,  A. 
2309  (Seton,  p.  498). 
Oostd  of  It  is  now  settled  that  upon  a  petition  by  the  tenant  for 

for'im"  ^^^®  ^^^  payment  to  him  of  the  dividends  on  a  fund  in 
mont  of  Court  all  the  costs  of  the  petition,  both  those  of  the 
tenant  for  life  and  of  the  trustees,  are  payable  out  of  the 
income  {Re  Marner's  Trusts,  3  Eq.  432 ;  36  L.  J.  Ch.  58 ; 
15  W.  R  99 ;  15  L.  T.  237 ;  Re  Evans  Trusf.^,  7  Ch.  609; 
41  L.  J.  Ch.  512;  20  W.  R  695;  26  L.  T.  815;  Re 
Whitton's  Trusts,  8  Eq.  352 ;  Re  Smith's  Trusts,  9  Eq. 
374;  Re  Buttrll,  21  W.  R  138;  Re  Cameron,  Ir.  R  1  Eq. 
258;  Re  Mantoas  Trust,  22  L.  T.  293;  \V.  N.  (1870), 
106;  Re  Mason's  Tmists,  12  Ki[.  Ill);  but  the  costs 
incurred  by  the  trustee  in  and  about  and  preliminary  to 
the  jwi/ment  into  Court  are  payable  out  of  the  corpus 
Avliere  not  previously  deducted  {Re  Whittons  Tnists). 

"  It  is  said  that  a  diftorence  ought  to  be  made  with 
respect  to  the  appearance  of  the  trustees,  and  that  this 
difference  has  been  recognised  in  some  cases.  But  I  think 
that  In  re  3[arne)''s  Trusts  was  intended  to  apply  to  all 
the  costs  of  the  petition  ;  and  I  am  the  more  disposed  to 
follow  that  construction,  because  the  reasonable  course  for 
a  tenant  for  life  to  pursue,  Avhen  about  to  petition  for 
payment  of  his  income,  would  be  to  write  to  the  trustee 
and  tell  him  that  he  did  not  seek  to  affect  the  corpus,  but 
only  wanted  his  income,  and  therefore  that  there  would  be 
no  occasion  for  the  trustee  to  incur  costs  by  appearing. 
In  such  a  case,  if  the  title  of  the  tenant  for  life  is  clear, 
the  trustee  ought  not  to  appear.  I  am  of  opinion,  there- 
fore, that  in  this  case  all  the  costs  ought  to  come  out  of 
the  income  ;"  ^:)^>'  James,  L.  J.,  in  Re  E>-(i-iij<'  Trusts,  7  Ch. 
p.  609 ;  see  now  R  S.  C.  (Costs),  Sched.,  r.  17.  In  Re 
Battell,  21  W.  R.  138,  the  trustees  had  been  told  tliat  the 


COSTS   UNDER   TRUSTEE    RELIEF  ACT.  323 

petition  related  to  income  only,  and  "VVickens,  V.  C,  said 
they  wonld  have  no  costs  out  of  income,  whatever  right 
they  might  have  to  be  paid  out  of  capital. 

In  Re  Wood's  Trusts,  11  Eq.  155;  Re  Gordon's  Trusts, 
6  Eq.  835  ;  and  Re  Knight's  Tnists,  37  L.  J.  Ch.  409,  the 
costs  of  the  trustees  relating  to  the  petition  were  held  to 
be  payable  out  of  the  corpus;  but  these  cases  and  also 
Re  Tanner,  14  L.  T.  589,  and  Re  Turnley,  1  Ch.  152, 
where  the  tenant  for  life's  costs  came  out  of  the  corpus, 
are  now  overruled.  Where  the  money  was  paid  into 
Court  in  a  suit  and  not  under  the  Act,  Malins,  V.  C, 
declined  to  follow  Re  Marner  {Scrivener  v.  Smith,  8  Eq. 
310;  and  see  Longuet  v.  Hocldeij,  22  L.  T.  198);  and 
where  an  annuity  was  given  free  of  <laty  the  costs  of  a  pe- 
tition for  payment  thereof  were  given  out  of  the  surplus 
of  the  fund  {Re  Apthorpe,  W.  N.  (1869),  84).  The  earlier 
cases  were  conflicting. 

Where  two  petitions  are  bond  fide  separately  prepared  Costs  of 
for  obtaining  payment  out  of  Court  of  a  sum  paid  in  ^^^^°'^  ^^' 
under  the  Trustee  Relief  Act,  and  both  raise  the  same 
issue,  the  Court  will  in  general  allow  the  costs  of  the 
preparation  of  the  second  petition  ;  but  where  solicitors 
had  been  informed  that  a  petition  was  presented,  and  they 
persisted  in  presenting  another  for  the  same  object,  the 
costs  of  the"  preparation  and  presentation  of  the  second 
petition  were  disallowed  {Re  Cluiplin's  Trusts  (2),  3  N.  R. 
289;  33  L.J.  Ch.  183). 

A  respondent  whose  unsuccessful  claim  was  the  cause  of  Costs 
the  payment  into  Court,  will  be  ordered  to  pay  the  costs  by^respon- 
of  an  application  for  payment  out  {Re  Armston's  Trusts,  ^^ents. 
4  De  G.  J.  &  Sm.  454;  4  N.  K  450  ;  10  Jur.  N.  S.  715, 
where  Turner,  L.  J.,  said  the  case  must  be  dealt  with  as  if 
a  bill  of  interpleader  had  been  filed  by  the  trustees  as 
stakeholders,    in    which    case    the    unsuccessful    claimant 
would  of  course  have  to  pay  the  costs) ;  and  see  Re  United 
Kingdom  Assurance  Co.,  34  Beav.  493  ;  and  Re  Webb's 
Policy,  2  Eq.  456. 

y  2 


324  COSTS  rxnKu  pautK'itlar  acts. 


Sect.  IV. — Costs  under  the  Trustee  Acts,  1850-2. 

Trustee  By  tlie   olst  section  of  the  Trustee  Act,   1850,  it   is 

s  "^M.  '  enacted  that  "  the  Lord  Chancellor,  intrusted  as  afore- 
said "  {i.e.,  intrusted  by  virtue  of  the  Queen's  sign-manual 
with  the  care  of  the  persons  and  estates  of  lunatics),  "  and 
the  Court  of  Chancery  may  order  the  costs  and  expenses 
of  and  relating  to  the  petitions,  orders,  directions,  convey- 
ances, assignments  and  transfers  to  be  made  in  pursuance 
of  this  Act,  or  any  of  them,  to  be  paid  and  raised  out  of  or 
from  the  lands  or  personal  estate,  or  the  rents  or  produce 
thereof,  in  respect  of  which  the  same  respectively  shall  be 
made,  or  in  such  manner  as  the  said  Lord  Chancellor  or 
Court  shall  lliink  proper."  In  Ex  ^xo'^e  Davies,  10  Jur. 
882,  V.  C.  l*arker,  upon  appointing  a  new  trustee  and 
making  a  vesting  order  under  tlic  'i^nd  and  84th  sections 
of  the  Act,  by  consent  ordered  the  new  trustee  to  pay  tlio 
costs  of  the  proceedings,  and  directed  that  such  costs,  with 
interest  thereon  at  £4  per  cent.,  should  form  a  charge  on 
the  inheritance.  And  see  Be  Crahtree,  14  W.  R  497, 
where  the  costs  were  directed  to  be  raised  by  mortgage  to 
be  settled  by  the  Court. 
Costs  of  As  a  general  rule  the  costs  of  an  application  under  this 

application  ^  j.    ^yi^gtij^i.  occasioned  by  the  lunacy  (Be  Fulham,  15 

occasiouca  '  J  J    \  ' 

by  lunacy,   Jur.  09  ;  Ex  parte  Pearse,  T.  &  R.  325;  and  see  Be  Lewes, 

trustee  to    1  M.  &  G.  23),  infancy  {Ex  parte  Cant,  10  Ves.  554),  or 

i^e  ^;^^i"e  i^y  bankruptcy  (£'a;  parte  Painter,  2  Deac.  &  Ch.   584),  of 

generally,    a  trustee,  must  be  borne  by  the  trust  estate  or  the  cestui 

que  trust.     As  a  general  rule  the  costs  of  such  applications, 

being  applications  for  the  benefit  of  the  estate  generally, 

will  be  ordered  to  be  borne  by  the  estate  generally  {Be 

Parhy,  29  L.  T.  O.  S.  72;  Be  Fulham,  15  Jur.  09;  Be 

Fellows'   Settlement,   2   Jur.   N.    S.    02 ;    and   see   ante, 

p.  322) ;  but  may  be  ordered  to  be  borne  by  the  petitioner 

{Be  Brachenhurys   Tnist,    10   Eq.   45;    22   L.  T.  409). 

Apportion-  Where  new  trustees   of  copyholds   were   appointed,  the 


COSTS    UNDER    TRUSTEE   ACTS.  325 

fines  payable  on  the  admission  of  the  neAV  trustees  were  mcnt  of 
ordered  to  be  borne  by  the  tenant  for  life  and  remainder-  '^°^*'^" 
men  in  proportion  to  their  respective  interests  {Carter  v. 
Sebright,  26  Beav.  374).     On  a  petition  to  appoint  new 
trustees  of  two  trust  funds  of  different  amounts,  the  costs 
Avere  ordered  to   be   paid   rateably   (Be  Graiifs  Trivsts, 
2  J.  &  H.  764).     As  to  the  costs  where  two  petitions  are  Two 
presented,  see  Be  Privgs  Ti-usts,  42  L.  J.  Ch.  473  ;  28  petitions. 
L.  T.  467. 

The  costs  of  trustees  served  and  appearing  on  a  petition  Costs  of 
to  appoint  new  trustees  under  the  Act  will  generally  bo  *™^^^^^- 
allowed  as  between  solicitor  and  client  (see  Turner  v. 
Mullineux,  9  W.  R.  252 ;  3  L.  T.  687,  where  a  bankrupt 
trustee  was  allowed  his  costs  as  between  solicitor  and 
client).  But  Avhcrea  trustee,  on  a  petition  to  appoint  new 
trustees,  disclaimed  at  the  bar,  the  Court  only  allowed  him 
party  and  party  costs  {BulMey  v.  Earl  of  Eglinton,  1 
Jur.  N.  S;  994 ;  see  Konvay  v.  Nvrivag,  2  M.  &  K.  278). 
Failing  health,  where  the  trusts  are  of  a  formal  character, 
does  not  justify  a  trustee  in  presenting  a  petition  for 
appointment  of  new  trustees  [Rwhardson  v.  Grubh,  16 
W.  R.  176,  where  the  trustee  had  to  pay  all  the  costs). 

It  has  been  held  that  the  Court  has  no  jurisdiction  to  Trustee 
make  a  respondent  trustee  pay  the  costs  of  an  application  ^^"^g';^ 
under  the  Act  rendered  necessary  by  his  misconduct  (Re  pay  costs. 
Primrose,  23  Beav.  590 ;  and  see  Be  Sparks,  6  Ch.  D., 
p.  363,  per  L.  J.  James).     But  see  the  remarks  on  the 
former  case  in  Be    Woodbuni's    Will,   1    Be    G.    &   J., 
p.  346  ;  and  see  also  Be  Adam's  Trust,  12  Ch.  D.  634, 
where    a   bankrupt   trustee    who    refused    to   retire   was 
removed  and   ordered  to  pay  the  costs  of  the  petition; 
Be  Wisemans  Trusts,  18  W.  R.  574  ;  Be  Wills,  12  W.  R. 
97. 

The  Court  can,  however,  dismiss  a  petition  with  costs 
(s.  42)  ;  and  may  order  any  of  the  parties  to  any  suit 
concerning  any  lands  or  contingent  right  as  to  which  an 
order  has  been   made  under  the  Act,  to  pay  any   costs  " 


326  COSTS    UNDEIl    PARTICULAK   ACTS. 

occasioned  by  the  order  under  the   Act,  when  the  same 

shall  appear  to  have  been  improperly  obtained  (section  44). 

Costs  Where  a  petition  is  rendered  necessary  by  the  fact  that 

occasioned  -^      ^  j      ^ 

by  infancy,  the   mortgagee's   representative   is   an  infant  {Ex   'paiie 

mortgLee  ^"^''^^«'^<^^.  10  Sim.  298),  or  cannot  be  found  {King  v. 
Smith,  6  Hare,  473),  the  costs  are  payable  by  the  mort- 
gagor. 

By  lunacy        The  practice  as  to  the  costs  of  a  petition  under  the  Act 

of  mort-  11  p 

gagee.  rendered  necessary  by  the  lunacy  oi  a  mortgagee  appears 
to  be  somewhat  unsettled.  In  Be  Jonesi,  2  ])e  G.  F.  &  J. 
554,  where  a  petition  was  presented  by  the  mortgagor  for 
a  reconveyance  or  vesting  order,  the  legal  estate  being  out- 
standing in  the  lunatic  heir  of  the  mortgagee,  the  costs 
were  ordered  to  be  paid  by  the  mortgagor  (comp.  lie 
Marrow,  Cr.  &  Ph.  142  ;  Re  Stanrt,  4  De  G.  &  J.  317; 
and  Fx  ixirte  Chiy,  cited  in  "  Shelford  on  Lunatics,"  ed. 
1847,  p.  510,  there  cited  ;  but  see  contra,  under  the  former 
Act,  Ex ixirte  Ridiards,  1  J.  &  W.  264;  Re  Toiunsend, 
2  Ph.  348).  Where,  however,  the  petition  is  presented  by 
the  committee  or  other  person  representing  the  lunatic, 
the  costs  will  be  ordered  to  come  out  of  the  lunatic's 
estate:  see  Re  Wheeler,  1  De  G.  M.  &  G.  435;  Re  Biddle, 
23  L.  J.  Ch.  435  ;  Re  Roidey's  Legacy,  1  N.  R  251  ;  Re 
TJioiiwx,  22  L.  J.  C*h.  858.  But  the  mortgagor,  it  seems, 
even  if  served,  is  not  entitled  to  his  costs  {Re  Phillips,  4 
Ch.  G29).  In  Re  Thomas  the  cost  of  the  stamp  imposed 
by  tlie  15  &  16  Vict.  c.  55  (the  Trustee  Act,  1852)  was 
ordered  to  be  borne  by  the  mortgagor.  In  Re  Viall, 
Halcldns  v.  Perry,  8  De  G.  M.  &  G.  439,  the  petition  Avas 
presented  by  a  purchaser  under  a  decree  for  the  adminis- 
tration of  the  mortgagor's  estate  for  an  order  vesting  in 
him  the  legal  estate  outstandins:  in  a  lunatic  mortoao-ee, 
and  a  portion  of  the  costs  were  ordered  to  be  paid  out  of 
the  mortgage  money. 
Where  the  Where  it  clearly  appeared  from  the  mortgage  deed  that 
isatrufkc.  ^^^®  lunatic  was  only  a  trustee  (see  Re  FidJann,  15  Jur. 
09),   the   costs  of   obtaining   a   reconveyance   under  the 


COSTS    UNDER    TRUSTEE    ACTS.  327 

1  Will.  IV.  c.  60,  the  older  Act,  were  directed  to  be  borne 
by  the  mortgagor  {Re  Lewes,  1  M.  &  G.  23  ;  but  see  report 
of  Re  Townsend,  1  M.  &  G.  G86).  Where  a  surviving 
trustee  mortgagee  became  lunatic  and  a  petition  was 
presented  by  his  committee  and  the  new  trustees  and  not 
served  on  any  one,  the  costs  came  out  of  the  trust  estate 
{Re  Jones,  2  Ch.  D.  70  ;  45  L.  J.  Ch.  688 ;  24  W.  R.  377 ; 
34  L.  T.  470,  where  the  mortgagor  had  no  notice  of  the 
trust).  Where  a  mortgagee  became  of  unsound  mind  not 
so  found,  and  the  mortgagor  applied  for  a  vesting  order  on 
payment  into  Court  of  the  mortgage  debt,  making  the 
mortgagee  a  respondent,  it  was  held  that  the  Court  had  no 
jurisdiction  to  make  an  order  for  the  costs  to  be  paid  out 
of  the  mortgage  debt,  but  each  party  must  bear  his  own 
costs  {Re  Sparks,  6  Ch.  D.  361  ;  25  W.  K  869). 

"Where  land  is  contracted  to  be  sold,  and  the  state  of  In  cases 
the  title  is  such  that  an  application  to  the  Court  becomes  vendor  ami 
necessary,  the  costs  of  the  application  must  be  borne  by  purchase)-. 
the  vendor  {Bradleij  v.  Afanton,  16  Beav.  294 ;  Heard  v. 
Cuthherf,  1  Ir.  Ch.  Rep.  369),  even  when,  by  the  con- 
tract, the  costs  of  a  surrender,  in  respect  of  which  the 
application  had  become  necessary,  were  to  be  borne  by 
the  purchaser  {Bradley  v.  Munton).  The  fact  that  the 
sale  is  under  the  direction  of  the  Court  {Ayles  v.  Cox, 
17  Beav.  584),  or  that  a  Railway  Company  are  the  pur- 
chasers {Re  South  Wales  Ry.  Co.,  14  Beav.  418 ;  but  see 
In  re  Liverpool  Iriiprovement  Act,  5  Eq.  282),  makes  no 
difference.  Where  the  sale  is  in  lots,  the  costs  should  be 
paid  out  of  the  purchase-money  of  the  particular  lot  as  to 
which  the  order  is  asked,  and  not  out  of  the  fund  in  court 
generally  {Ayles  v.  Cox). 

Where  a  vendor  dies  intestate,  leaving  an  infant  heir,  Where  suit 
and  an  action  is  brought  to  make  him  a  trustee  under  the  "^'^^'^^^^y- 
Act,  each  party  will   be    ordered   to  pay  his  own  costs 
{Scott  V.  Scott,  11  W.  R.  766;  and  see  Purser  v.  Darby, 
4  K.  &  J.  41  ;  and   the  other  cases  cited,  ante,  p.  285, 
note). 


328  COSTS    UNDER    PAKTICULAR   ACTS. 

Costs  Where  a  person,  instead  of  proceeding  under  this  Act 

person  ^^  obtain  the  appointment  of  new  trustees,  filed  a  bill  for 

proceeded  that  purpose,  he  was  ordered  to  pay  all  the  costs  of  the 

instead  of  suit  {Thomcis  V.  Wtilkev,  18  Beav.  521). 

petition 
under  the 
Act. 

Sect.  V. — Costs  under  other  Acts. 

Costs  By  the  30th  section  of  the   22  &  23  Vict.,  c.  35  (the 

wt'23  ^^^^'  ^^  Property  Amendment  Act),  which  authorises  any 
Vict.  c.  sf),  trustee,  executor,  or  administrator,  without  the  institution 
^*  ■  of  a  suit,  to  apply  by  petition  to  any  Judge  of  the  Court  of 
Chancery,  or  by  summons  upon  a  written  statement  to  any 
such  Judge  at  chambers,  for  the  opinion,  advice,  or  direc- 
tion of  such  Judge  on  any  question  resi)ecting  the  manage- 
ment or  administration  of  the  trust  property  or  the  assets 
of  any  testator  or  intestate,  it  is  provided  that  the  costs  of 
such  application  shall  be  in  the  discretion  of  the  judge  to 
whom  the  said  application  shall  be  made.  As  a  general  rule, 
such  costs  will  be  ordered  to  come  out  of  the  corpus  of  the 
trust  property  {Re  Fhiore's  Will,  9  W.  R  66  ;  6  Jur.  N.  S. 
1325  ;  3  L.  T.  359  ;  Be  Thompson's  Trusts,  W.  N.  (1871), 
190;  Be  Leslie's  Trusts,  2  Ch.  D.  185;  Be  Lees  Trusts, 
W.  N.  (1875),  61)  ;  and  see  Be  iWVeagh,  cited  in  Setun 
on  Decrees,  491,  4th  edition  ;  Be  Ehves,  ibid.  But  where 
the  question  arose  as  to  the  application  of  incorue,  the 
costs  of  a  petition  presented  under  the  Act  were  ordered 
to  be  borne  by  the  income  {Anon.,  8  W.  R  333  ;  2  L.  T. 

71  ;  6  Jur.  N.  S.  386  {nom.  Be  Spiller);  Ln  re  T ,  15 

Ch.  D.  78 ;  see  ante,  p.  322).     xVnd  in  Be  Stuart  and  Be 

Sivetannof,  cited  in  Seton,  p.  492,  no  order  was  made  as 

to  the  costs  of  the  application. 

23  k  24  The    costs  of  an  application   under  the   Order  of   1st 

^'*^*j '^^ ''^' February,    1861,    to    vary   an    investment   are   generally 

Feb.  i.-t,     payable  out  of  income  {Equitable  Beversionary  Society  v. 

^^^^-         Fuller,  1  J.  &  H.  379;  30  L.  J.  Ch.  497  ;  9  W.  R.  400; 

4  L.  T.  50) ;  secus,  where  a  petition  would  in  any  case 


COSTS  UKDER  OTHER  ACTS.  329 

have  been  necessary  {Re  Langford,  2  J.  &  H.  458)  ;  and 
see  Bii<Jajp  v.  Bishop,  9  W.  E.  549  ;  4  L.  T.  350. 

By  s.  34  of  the  Declaration  of  Titles  Act,  1862,  25  &  2G  Declamtion 
Vict.  c.  67,  the  Court  may  order  costs,  either  as  between  ^^j;  i862. 
party  and  party  or  as  between  solicitor  and  client,  to  be 
paid  by  and  to  any  person,  party  to  any  proceeding  under 
the  Act,  and  give  direction  as  to  tlie  fund  out  of  which 
such  costs  shall  be  paid. 

Where  a  railway  had  been  abandoned  under  the  Rail-  Railways 
ways  Abandonment  Acts,  the  costs  of  a  petition  by  the  ment^ct 
depositor  for  the  transfer  out  to  him  of  the  bulk  of  the  1S69. 
deposit  moneys  were  ordered  to  be  paid  out  of  the  general 
assets  of  the  company  {Be  Ldurjliarne  By.  Co.,  12  Eq.  454; 
19  W.  K  1108). 

By  s.  55  of  the  National  Debt  Act,  1870,  33  &  34  Vict.  National 
c.  71,  the  Court  may  make  such  order  as  to  the  costs  of  1370. 
petitions  for  re-transfer  of  stock  and  payment  of  dividends 
as  to  the  Court  seems  just.  All  costs  and  expenses 
incurred  by  the  Attorney-General  or  the  Commissioners 
in  resisting  or  appearing  on  any  such  petition,  if  not 
ordered  by  the  Com^t  to  l)e  paid  out  of  the  stock  and 
dividends  tliereby  claimed,  are  to  be  paid  by  the  Commis- 
sioners out  of  unclaimed  dividends.  The  practice  is  to 
order  the  costs  of  the  Attorney-General  and  of  the 
Commissioners  to  be  paid  by  the  applicant  as  between 
party  and  party,  and  to  make  the  transfer  conditional 
upon  payment  of  sucli  costs  {Ex  parte  Sanford,  W.  N. 
(1867),  77 ;  Be  >Sted,  ibid.  282  ;  Ex  parte  Jameson,  19 
Eq.  430  ;  Bushtuurtk  v.  Walden,  18  W.  R.  204).  Formerly 
these  costs  were  usually  directed  to  be  paid  out  of  the 
fund  {Ex  parte  Holland,  1  Ph.  379 ;  Ex  ^;rtr^e  Gillett, 
3  Madd.  28  ;  Ex  parte  Martin,  Jac.  od)  ;  but  this  form  fell 
into  disuse  because  parties  having  had  funds  transferred  to 
them  had  evaded  payment  of  the  costs  {Be  Acldand's 
Trusts,  26  L.  T.  418). 

By  sec.  9  of  the  Vendor  and  Purchaser  Act,  1874,  87  Vendor  and 
&  38  Vict.  c.  78,  the  judge  "  shall  order  how  and  by  whom  Acr  1874. 


'd'dO  COSTS    INDEK   PARTICULAR   ACTS. 

all  or  any  of  the  costs  of  and  incident  to  the  application 
shall  be  borne  and  paid." 

The  general  rule  is  that  the  purchaser  must  pay  the 
costs  if  he  fails  on  a  vendor's  summons  caused  by  an 
objection  to  the  title  {Oshorite  to  Boulctf,  13  Ch.  D.  774; 
2<S  W.  R  mr,  ■  Re  Waddeirs  Contnici,  2  Ch.  D.  172  ;  Re 
Cookes'  Contract,  W.  N.  (1<S77),  5).  Where,  however,  the 
purchaser  failed  on  an  objection  as  to  incumbrances,  but 
the  case  was  a  proper  one  to  be  brought  before  the  Court, 
each  party  had  to  pay  his  own  costs  of  a  vendor's 
summons  {Finvh  v.  Jukes,  W.  N.  (1877),  211  ;  and  see  Re 
Coward  and  Adam's  Purchase,  20  Eq.  179;  23  W.  R. 
605).  So  where  the  difficulty  had  arisen  entirely  from 
conflicting  decisions  no  costs  were  given  {Osborne  to 
Rou'Jett). 

If  the  vendor  is  in  the  wrong  his  summons  will  be  dis- 
mi.s.scd  with  costs  {Re  Packman  and  Moss,  1  Ch.  ]).  214  ; 
24  W.  R  170). 

Where  the  purcha.ser  makes  an  improper  requisition  and 
takes  out  a  summons  for  an  order  on  the  vendors  to 
answer  it,  the  summons  should  be  dismissed  with  costs 
{Re  Ford  and  Hill,  10  Ch.  D.  3G5,  where  on  appeal  the 
order  below  was  reversed  and  the  vendors  got  the  costs  of 
the  appeal,  but  apparently  paid  the  costs  below). 
Laixi  By  s.  73  of  the  Land  Transfer  Act,  1S75,  38  cl-  39  Vict. 

Tran.sfcr  ... 

Act,  1875.  c.  87,  provision  is  made  for  taxation  and  payment  or  costs, 
charges,  and  expenses  incurred  by  any  parties  in  or  about 
any  proceedings  for   the  registration   of  land  under  the 
Act. 
Costs  By  the  Settled  Estates  Act,  1877,  40  .;-  41  Vict.  c.  18, 

Settled  i^-  41,  it  is  enacted  that  "  it  shall  be  lawful  for  the  Court, 
A^^^'^iVy  ^^  ^^  shall  think  fit,  to  order  that  all  or  any  costs  or 
expenses  of  all  or  an}-  parties  of  and  incident  to  any 
application  under  this  Act  shall  be  a  charge  on  the  here- 
ditaments which  are  the  sulject  of  the  application,  or  on 
any  other  hereditaments  included  in  the  .same  settlement, 
and  subject  to  the  same  limitations ;  and  the  Court  may 


COSTS   UNDER    OTHER    ACTS.  331 

also  direct  that  such  costs  and  expenses  shall  be  raised  by 
sale  or  mortgage  of  a  sufficient  part  of  such  hereditaments, 
or  out  of  the  rents  or  profits  thereof,  such  costs  and 
expenses  to  be  taxed  as  the  Court  shall  direct." 

This  is  a  simple  re-enactment  of  19  &  20  Vict.  c.  120, 
s.  29.     For  form  of  order  see  ^Setoi'on  Decrees,  p.  1488. 
Trustees  are  allowed  their  costs  of  appearing  on  the  peti-^^^*^  "^ 
tion  {Re  Duke  of  ClevelamVs  Estates,  2  L.  T.  78). 

Where  an  order  made  under  the  Act  of  1856,  directing 
a  mining  lease  to  be  settled  by  the  judge,  was  amended 
pursuant  to  27  &  28  Vict.  c.  45,  s.  2,  the  costs  of  the 
application  were  ordered  to  be  paid  out  of  the  one-fourth 
of  the  rents  set  aside  by  the  trustees  as  representing  the 
inheritance  {Lorat  v.  Diihe  of  Leeds,  11  L.  T.  442). 

In  Re  Tuastall's  Will,  14  L.  T.  352,  the  costs  of  the  Costs  made 
application   were    charged   upon   the   property,  and   the  on  the'' 
V.  0.  directed  that  the  name  of  the  person  advancing  the  estate. 
money  necessary  for  the  payment  of  the  costs  should  be 
inserted  in  the  order  to  save  the  expense  of  a  mortgage- 
deed  ;  and   see  Re  Hurles  Settled  Estates,  2    H.  &   M. 
204;  13  W.  R.  171  ;  19  L.  T.  592;  11  Jur.  N.  S.  78, 
where  the   costs   of  all  parties  as  between  solicitor  and 
client  of  so  much  of  the  petition  as  was  not  dismissed, 
together  with  the  costs  of  the  trustees  of  so  much  of  the 
petition  as  was  dismissed,  were  ordered  to  be  a  charge  on 
the  estate. 

Where  the  powers  to  be  given  are  for  the  permanent 
benefit  of  the  estate,  the  costs  of  the  application  come  out 
of  the  corjms  {Wheeler  v.  Tootel,  16  W.  K  273;  17  L.  T. 
534) ;  if  the  application  is  solely  for  the  benefit  of  the 
tenant  for  life,  they  come  out  of  the  income  ;  see  Re 
Marners  Trusts,  3  Eq.  432,  and  other  cases  cited,  ante, 
p.  322.  Where  the  property  to  be  sold  comprised  copyholds 
as  well  as  freeholds,  the  Court  directed  the  copyholds  to 
be  enfranchised  before  the  sale,  and  the  costs  of  enfran- 
chisement to  be  paid  out  of  the  proceeds  of  sale  {In  tq 
Adair's  Settled  Estates,  16  Eq.  124). 


882  COSTS   UNDER   PARTICULAR   ACTS. 

Costs  of  By  s.  17  the  Court  may  sanctioD  proceedings  for  the 

{01°^™-'°^'' P^'otection  of  any  settled  estate,  and  order  the  costs  and 
tcction  expenses  in  relation  thereto  to  be  raised  and  paid  by 
s.  17.  means  of  a  sale,  or  mortgage  of,  or  charge  upon  all  or  any 
part  of  the  settled  estate,  or  be  raised  and  jDaid  out  of  the 
rents  and  profits  of  the  settled  estate,  or  out  of  any 
moneys  or  investments  representing  moneys  liable  to  be 
laid  out  in  the  purchase  of  hereditaments,  to  be  settled  in 
the  same  manner  as  the  settled  estate,  or  out  of  the  in- 
come of  such  moneys  or  investments,  or  out  of  any  ac- 
cumulations of  rents,  profits,  or  income.  Where  proceed- 
ings have  been  instituted  i':ithout  the  previous  sanction 
of  the  Court  for  the  protection  of  a  settled  estate,  the 
Court,  either  on  an  application  under  the  Law  of  Pro- 
perty Amendment  Act,  22  &  23  Vict.,  c.  35,  or  under  this 
section,  may  give  permission  to  the  trustees  to  apply 
moneys  in  tlieir  hands  in  defrciying  the  costs  of  the  tenant 
lor  life  incurred  in  the  litigation  (lie  Earl  de  la  Wafi's 
Edatcii,  IG  Ch.  D.  5!S7,  I'ollowing  lie  Lord  Rivers'  Estate, 
ibid.  588  n. ;  lie  Ticyford  Abbey  Estates,  30  W.  R  268). 
Scale  of  The  fees  and  allowances  under  the  Act  are  regulated 

^^'^^^  by  Orders  XXIX.  and  XXX.,  which  incorporate  R  S.  C. 

(Costs),  Ord.  VI.,  and  Rules  of  Oct.  28th,  1875. 
Convey-  By  s.  69  (7)  of  the  Conveyancing  Act,  1881,  44  &  45 

.jnciiig  Ad,  y-^.^^  c.  41,  it  is  provided  as  follows:  "The  Court  shall 
have  full  po^Yer  and  discretion  to  make  such  order  as  it 
thinks  tit  respecting  the  costs,  charges,  oi  expenses  of  all 
ur  any  of  tlio  parties  to  any  application." 


■  CHAPTER  VI. 

COSTS   AFFECTINCi   PARTICULAR   PERSONS. 

Sect.  I. — Costs  of  Assignees,  I ncwinhn racers,  dx. 
The  priiicqiles  on  which  the  Court  acts  in  disposing  of  ^°s*^  ^- 

.,  L         o  •  1     •  1  1  particular 

the   costs  01   assignees   and    incumbrancers,   as    between  assignees: 
themselves  and    strangers  in  administration  actions,  are  !•  ^^ 

T      ,  ,  ,  .  .  .  between 

also  applicable  to  other  actions  in  which  the  costs  are  tliemselves 
payable  out  of  a  fund;  see  (i.ntc,  p.  187,  and  the  cases  g^^.'^j^^^^g 
there  cited.  Where  the  costs  are  payable  by  a  ])art3^  to 
the  action  personally,  the  general  rule  is  that  incum- 
brancers are  entitled  only  to  add  their  costs  to  their 
securities  against  their  own  assignors.  If  the  assignor  is 
plaintiff,  and  the  assignees  defendants,  the  latter  will  not 
in  general  be  entitled  to  have  their  costs  over  from  the 
principal  defendants  who  are  ordered  to  pay  the  plaintiff's 
costs  {Topliam  v.  Duhe  of  Portland,  3  N.  R.  183) ;  bat 
in  mortgage  suits  the  mortgagee  is  entitled  to  add  the 
costs  of  assignees  from  him  to  his  own,  see  the  cases  cited 
ante,  pp.  233,  234.  In  a  suit  to  raise  a  legacy  charged 
on  land,  the  mortgagee  of  the  devisee  was  not  allowed 
costs  against  the  legatee  {SJtacUeton  v.  ShacJdeton,  2  S.  & 
S.  242).  Incumbrancers  on  the  life  estate,  who  are  neces- 
sary parties  to  a  suit  by  prior  incumbrancers  on  the 
inheritance,  are  not  allowed  costs  against  the  inheritance 
{Ennis  v.  Brady,  1  Dr.  &  Wal.  720).  If  the  first  incum- 
brancer is  not  a  necessary -party  to  a  suit  respecting  the 
equity  of  redemption,  he  will  not  be  entitled  to  costs  out 
of  the  fund,  but  only  against  the  plaintiff  personally 
{Laird  v.  Tohin,  1  Mol.  543) ;  secv.:^  if  the  co-defendant 


BB4 


COSTS   AFFE(;T1N(;    rARTlCCLAll    PEUSOXS. 


ii.   jVs 

))ct\veon 

assiijnor 

and 

assi'sneo. 


Costs  of 

assignees 

and 

trustees 

in  bank- 

ruiitcy  or 

insolvency- 


raise  sncli  a  case  as  to  make  the  incumbrancar  a  necessary 
party  (ibid.).  In  Cocl'ell  v.  Taylor,  15  Beav.  127,  which 
was  a  suit  to  set  aside  a  mortgage  on  a  reversionary  in- 
terest, it  was  held  that  submortgagees  had,  under  the  cir- 
cumstances, no  equit}^  against  the  plaintiff,  and  they  had 
to  pay  the  costs  of  insisting  on  their  securities ;  but  in 
Tottenham  v.  Green,  1  N.  R.  46G,  they  were  allowed  to 
add  their  costs  of  suit  to  their  security,  and  see  Gomley  v. 
Wood,  8  J.  &  L.  678,  and  ante,  p.  250.  As  to  the  costs 
of  transferees  of  a  mortgage  generally,  see  a.ate,  p.  234, 
seq.  As  to  the  costs  of  persons  claiming  under  one  of  the 
parties  to  a  partition  suit,  see  ante,  p.  243. 

As  to  the  mode  in  which  costs  are  disposed  of,  as 
l)ct\veen  assignor  and  assignee,  see  ante,  pp.  187,  188,  and 
ch.  IV.  sec.  II.  generally.  Where  the  plaintiff  in  an  ad- 
ministration suit  mortgaged  ]>endente  life,  his  share  was 
carried  to  a  separate  account,  and  he  was  allowed  liis  costs 
as  between  party  and  party  out  of  it,  but  not  his  extra 
costs,  as  between  solicitor  and  client,  as  against  liis  mort- 
gagee {Smith  V.  Plummer,  18  L.  J.  Ch.  45G). 

There  is  no  special  right  in  assignees  or  trustees  in 
bankruptcy  or  insolvency  which  exempts  them  from  the 
ordinary  rule  on  the  subject  of  costs  {Fattison  v.  Graham, 
2  8ni.  &  G.  207)  ;  and  they  have,  therefore,  no  better  title 
to  costs  than  their  bankrupt  or  insolvent  would  have  had 
{Walker  v.  Molloij,  G  Ir.  Eq.  R.  218;  Carr  v.  Henderson 
11  Beav.  415).  A  trustee  in  bankruptcy,  who  makes  an 
unsuccessful  application  to  the  Court,  will  be  ordered  to 
pay  the  costs,  which,  if  the  estate  is  insufficient  to  bear 
them,  will  fall  upon  him  personally  {Ex  parte  Angerstein, 
9  Ch.  479)  ;  secus,  where  the  difference  has  arisen  entirely 
upon  the  language  of  the  Bankruptcy  Act,  and  the  trustee 
is  right  in  bringing  the  matter  before  the  Court  {Be 
Pettifs  Estate,  1  Ch.  D.  478).  -  A  trustee  in  liquidation 
who  wrongly  paid  the  costs  of  the  debtor's  solicitor  in 
priority  to  those  of  the  receiver,  the  estate  being  insuffi- 
cient to  pay  both,  was  ordered  to  pay  tlie  costs  of  the 


COSTS    OF   ASSIC4NEES,    INCUMBRANCERS,    ETC.  3B5 

receiver  out  of  his  own  pocket  {Ex  parte  Roj/Ie,  20  Eq. 
7«0 ;  23  W.  R.  908 ;  33  L.  T.  39).  Where  the  assignees 
of  the  mortgagor  of  a  share  in  a  ship  were  made  parties  to 
a  suit  bj  the  owners  of  the  other  share  to  determine  a 
question  raised  by  the  mortgagees,  they  got  no  costs 
{Green  v.  Briggs,  G  Ha.  632).  In  a  suit  by  the  wife  of  a 
bankrupt,  to  administer  an  estate  and  establish  the  plain- 
tiff's equity  to  a  settlement,  the  assignees  were  allowed  no 
costs,  as  the  bankrupt  was  a  debtor  to  the  estate  {Rother- 
hara  wBattson,  2  Sm.  &  G.  app.  viii.).  Assignees  or  trustees 
in  bankruptcy  brought  before  the  Court  in  the  course  of 
a  suit  may  become  liable  to  the  whole  costs  of  the  suit  if 
they  adopt  it  {WJ/itcomh  v.  MincJiin,  5  Mad.  91 ;  Poole  v. 
Franhs,  1  Mol.  78),  although  they  do  not  resist  the  plain- 
tiff's demand  further  than  by  submitting  the  question  to 
the 'Court  {Blytlie  v.  Granville,  13  Sim.  190).  In  Whit- 
comh  V.  Mlncliin,  it  was  lield  that  the  plaintiff  should 
apply  to  the  assignees  to  satisfy  his  demand  or  disclaim 
before  instituting  proceedings  against  them,  but  this  will 
not  hold  as  a  general  principle  (see  the  cases  cited  ante, 
p.  117).  Where,  however,  the  bankrupt  or  insolvent 
would  have  had  to  pay  costs,  his  trustees  may  escape 
without  costs,  if  the  estate  has  been  administered,  and 
they  have  no  assets  in  their  hands  {Williams  v.  Nixon, 
2  Beav.  472;  Edwards  v.  Jones,  1  Coll.  247;  Rider  v. 
Jones,  2  Y.  &  C.  C.  C.  329) ;  and  in  Foxiuell  v.  Greatorex, 
33  Beav.  345,  where  the  assignee  was  entirely  in  the 
wrong,  he  was  only  ordered  to  pay  the  plaintiff's  costs 
incurred  siJjsequeiitly  to  the  bankruptcy.  In  Collins  v. 
Reece,  1  Coll.  675,  the  trustees  of  a  creditor's  deed  had  to 
pay  the  costs  of  a  bill  filed  by  the  assignee  in  insolvency 
of  the  debtor  for  an  account. 

As  to  the  costs  where  plaintiff  or  defendant  becomes 
bankrupt,  see  further,  p.  341  ;  and  as  to  the  costs  of  the 
trustees  of  a  bankrupt  executor,  see  ante,  p.  188. 


B36  COSTS   AFFECTING   PARTlCULAll   PERSONS. 


Sect.  U.— Costs  of  Attorney-Genrral,  Crovn,  dr. 
Stat.  18  &       By  Statute  18  &  19  Yict.,  e.  90,  sec.  1,  it  is  enacted  as 

19  Vict.  C.    r  ^^ 

90,  sec.  1.    follows  :— 

"  In  all  informations,  action.s,  suits,  and  other  legal  pro- 
ceedings to  be  hereafter  instituted  before  any  court  or 
tribunal  whatever  in  the  United  Kingdom,  by  or  on  be- 
half of  the  Crown,  against  any  corporation,  or  person,  or 
persons  in  respect  of  any  lands,  tenements,  or  heredita- 
ments, or  of  any  goods  or  chattels  belonging  or  accruing 
to  the  Crown,  the  proceeds  whereof,  or  the  rents  and 
profits  of  which  said  land.s,  kc,  by  any  Act  now  in  force, 
or  hereafter  to  be  passed,  are  to  be  carried  to  the  Con- 
solidated Fund  of  Great  Britain  and  Ireland,  or  in  respect 
of  any  sum  or  sums  of  money  due  and  owing  to  Her 
Majesty  b}^  virtue  of  any  vote  of  Parliament  relating  to 
the  public  revenue,  Her  Majesty's  Attorney-General,  or 
in  Scotland  the  Lord  Advocate,  shall  be  entitled  to  re- 
cover costs  for  and  on  behalf  of  Her  Majesty  where 
judgment  shall  be  for  the  Crown  in  the  same  manner  and 
under  the  same  rules,  regulations,  and  provisions  as  are 
or  may  be  in  force  touching  the  payment  or  receipt  of 
costs  in  proceedings  between  subject  and  subject,  and 
such  costs  shall  be  paid  into  the  Exchequer  and  shall 
become  part  of  the  Consolidated  Fund. 
gpp  o  "  2.  If  in  any  such  information,  action,  suit,  or  other 

legal  proceedings  judgment  shall  be  given  again.st  the 
Crown,  the  defendant  or  defendants  shall  be  entitled  to 
recover  costs  in  like  manner  and  subject  to  the  same  rules 
and  provisions  as  though  such  proceedings  had  been  had 
between  subject  and  subject;  and  it  shall  be  lawful  for 
the  Commissioners  of  Her  Majesty's  Treasury,  and  they 
arc  hereby  required,  to  pay  such  costs  out  of  any  monies 
which  may  be  hereafter  voted  by  Parliament  for  that 
purpose." 


COSTS    OF    THE    ATTORNEY-GENERAL.  837 

See  Attorney  General  v.  Haamer,  4  De  G.  &  J.  205  ; 
5  Jur.  N.  S.  693 ;  and  see  also  Attorney  General  v. 
Sittrnghourne  By.  Co.,  1  Eq.  636  ;  35  Beav.  268,  where 
a  petition  was  dismissed  with  costs  as  against  the  Crown. 
As  to  the  form  of  the  order  for  payment  of  costs  to  or  by 
the  Crown,  see  Seton,  556. 

It  will  be  observed  that  the  Act  does  not  apply  either  The  Act 
where  the  Attorney  General  is  a  defendant,  or  where  he  ^ppiy  to 
sues  on  behalf  of  a  charity.     In  the  latter  case,  the  rule  ^f  ".i^'-'^'^ 

charity 

still  applies  that  the  Attorney  General  cannot  be  made  to  suits, 
pay  costs  where  he  sues  without  a  relator  {Attorney  General 
V.  Dean  and  Canons  of  Windsor,  8  H.  L.  C.  369,  404  ;  At- 
torney General  v.  Lord  Chesterfield,  18  Jur.  686).  But 
he  may  receive  costs  ;  and  it  seems  the  Court  Avill  be 
more  inclined  to  give  costs  in  a  charity  suit  than  when 
the  Attorney  General  is  suing  on  behalf  of  a  claim  by 
the  Crown  [Attorney  General  v.  Ashburnham,  1  S.  &  S. 
394  ;  and  see  Perkins  v.  Bradley,  1  Ha.  219).  In  the 
case  of  successful  proceedings  with  respect  to  charities,  he 
is  entitled  to  costs  as  between  solicitor  and  client  (Mog- 
gridge  v.  Thackwell,  1  Ves.  Jun.  475  ;  7  Ves.  36  ;  13  Ves. 
416;  Mills  v.  Farmer,  19  Ves.  490;  1  Mer.  104).  A 
summons  by  the  Attorney  General  in  the  matter  of  a 
charity  for  an  order  for  taxation  and  payment  of  his  costs 
relating  to  the  charity,  not  being  costs  in  the  matter,  must 
state  the  matters  in  respect  of  which  payment  of  such  costs 
is  desired  {Be  Duhuich  College,  15  Eq.  294;  21  W.  R. 
519). 

If  the  Attorney  General  is  made  a  party  to  a  suit  in  Where  the 
respect  of  a  share  in  an  estate  or  fund  claimed  by  the  QeneraHs 
Crown,  he  may  have  costs  out  of  the  estate  or  fund  if  defendant 
there  is  something  coming  to  the   Crown,  but  not  other- 
wise :    see   Perkins  v.  Bradley,  1    Ha.    219,   where   the 
Attorney  General  unsuccessfully  claimed  an  interest  in  the 
share  of  a  felon  against  purchasers  for  value  ;  Murphy  v. 
Osborne,  9   Ir.  Eq.  K  254,  where  the  Attorney  General 
was  made  a  defendant  in  respect  of  a  charge  vested  in  a 

z 


338      COSTS  AFFECTING  FAKTICULAR  PERSONS. 

deceased  bastard,  and  nothing  was  found  due  on  the 
charge.  In  Kitchener  v.  Kitchener,  13  Jur.  761,  the  costs 
of  the  Attorney  General,  made  a  defendant  in  respect  of  a 
reversionary  interest  belonging  to  a  felon,  were  not  pro- 
vided for  by  the  decree,  as  the  right  would  not  arise  till  the 
reversion  fell  into  possession  ;  see  now  33  &  34  Vict.,  c.  23, 
abolishing  forfeiture  for  treason  and  felony,  but  not  affect- 
ing forfeiture  consequent  upon  outlawry.  The  Attorney 
General  made  defendant  to  a  legatee's  bill  and  supporting 
the  plaintiff,  whose  bill  was  dismissed,  did  not  receive  any 
costs  (Corporation  of  Gloucester  v.  Wood,  3  Ha.  149).  And 
the  Crown  will  not  be  entitled  to  the  costs  of  the  Attorney 
General's  appearance,  in  a  suit,  to  which  he  is  not  a  party, 
to  argue  a  question  as  to  legacy  duty,  if  the  claim  is  un- 
successful (Hohson  V.  Keale,  17  Beav.  178)  ;  or  as  to  the 
right  of  a  convict  to  a  share  of  pergonal  estate  (Gough  v. 
Davies,  4  W.  R  757).  Where  a  petition  under  Romilly's 
Act  for  the  alteration  of  a  scheme  was  dismissed,  the  costs 
of  the  Attorney  General  opposing,  as  between  solicitor  and 
client,  were  given  out  of  the  fund  {Attorney  General  v. 
Stewart,  14  Eq.  17).  Where  the  interest  in  respect  of 
which  the  Attorney  General  is  made  a  party  is  of  such  a 
nature  that  the  Court  would  ordinarily  allow  three  counsel, 
two  counsel  will  be  allowed  besides  the  Attorney  General 
{Cocl-harn  v.  Rajihael,  12  L.  J.  Ch.  263). 
Costs  of  Where  the  Solicitor  to  the  Treasury  has  taken  out  ad- 

Solicitor  to  niinistration,  as  nominee  of  the  Crown,  to  a  deceased  per- 
the  Trea^     son,  he  is  in  the  same  position  as  any  other  administrator, 
admiiiis-     ''i^^l  ^iU  be  entitled  to  his  costs,  charges,  and  expenses 
behalf °of     accordingly  {Partington  v.  Reynolds,  6  W.  R.  615).     But 
the  Crown,  if  he  appeals  against  a  decree  finding  certain  persons  to 
be  next  of  kin  he  cannot  have  costs,  as  the  appeal  is  in 
respect  of  the  beneficial  interest  of  the  Crown,  and  not  his 
legal  title  as  administrator  {ibid.).     And  so,  if  the  letters 
of  administration  have  been  revoked  before  a  suit  by  the 
next  of  kin  to  recover  property  in  the  hands  of  the  Soli- 
citor to  the    Treasury,  he    cannot    have  costs   {Kane  v. 


COSTS    OF   THE   BANK    OF   ENGLAND.  339 

Reynolds,  -i  De  G.  M.  &  G.  505).  The  Solicitor  to  the 
Treasury  is  now  a  Corporation  Sole  (39  &  40  Vict.,  c.  18, 
s.  1). 

By  Statute  23  &  24  Vict.,  c.  34,  s.  11,  it  is  enacted,  that  Costs  ou 
upon  any  such  petition  of  right,  as  mentioned  in  the  Act,  ^f  j'j.ljlt^ 
the  Attorney  General  or  other  person  appearing  on  behalf  payable  by 
of  Her  Majesty  shall  be  entitled  to   recover  costs  against  pijant  to 
the    suppliant   in- the   same    manner   as   in   proceedings  ^^'^  Crown ; 
between  subject  and  subject,  with  the  same  remedies  for 
recovering  the  same. 

And  by  section  12  it  is  enacted,  that   the  suppliant  l^y  the 
shall    in   like  manner  be   entitled    to   costs   against   the  the 

Crown.  suppliant 

And  by  sections  13,  14,  &  15,  arrangements  are  made 
for  the  mode  of  paying  the  co.sts  incurred  by  the  Crown. 


Sect.  III. — Cosls  of  the  Bunk  of  England. 

With  respect  to  the   transfer  of  the  public  stocks,  the  The  bank 
Bank  occupies  a  quasi-fiduciary  position  {Hoiuard  v.  Bank  costs 
of  England,  19   Eq.  295),  and  will,  in  many  cases,   be  occasioned 

'nil  f  ■  c         c  1      "^  iinsuc- 

allowed  the  costs  of  an  action  to  compel  a  tran.sfer  of  stock,  cessfui 

Avhich  the  Bank  has  refused  to  permit  without  the  direc-  ''e^us^' to 

i  _  permit  a 

tion  of  the  Court.  In  Pearson  v.  Bank  of  England,  2  transfer 
Bro.  C.  C.  529;  2  Cox,  175,  the  tenant  for  life  of  stock  °^ '*°'^- 
bought  the  reversion,  and  the  Bank  having  refused  to 
transfer  it  upon  a  joint  memorial,  a  transfer  was  directed 
with  costs  to  the  Bank  ;  and  see  Austin  v.  Bank  of  Eng- 
land, 8  Ves.  522  ;  Marryatt  v.  Bank  of  England,  ibid. 
524,  n. ;  Aynsworth  v.  Bank  of  England,  ibid. ;  King  of 
Hanover  v.  Bank  of  England,  8  Eq.  350.  So  where  the 
Bank  refused  to  pay  dividends  without  the  direction  of 
the  Court,  on  account  of  a  doubt  as  to  the  construction  of 
a  statute,  they  were  allowed  costs,  though  the  decree  was 
against  them  {Bristed  v.  Wilklns,  3  Ha.  235).     '  It  is  a 

z  2 


310  COSTS    AFFFX'TING    PARTICULAR    PERSONS. 

question  of  the  greatest  nicety,  and  one  requiring  to  be 
settled  for  the  protection  of  the  public  at  large.  The  pro- 
perty in  question  is  consols,  as  to  which  the  Bank  are 
public  trustees.  If  it  had  been  Bank  stock,  which  is  their 
own  property,  a  different  question  might  have  arisen.  As 
it  is,  I  cannot  possibly  say  that  the  Bank  ought  to  pay 
costs '  {i^ev  V.  C.  Wood,  Bathe  v.  Bo  ah  of  England,  4  K. 
No  costs      &  J.  ,564).     In  that  case,  which  was  a  suit  by  a  married 

fivGn  . 

woman  with  an  order  of  protection  under  the  Divorce  Act, 

to  compel  a  transfer  of  stock  to  which  she  was  entitled  as 

administratrix,  a  transfer  was  directed,  but  the  parties 

being  in  poor  circumstances  no  costs  were  given  to  the 

Where  the  Bank.     Howcver,  in   Franklin  v.  B(nih  of  England,  1 

costs. '^^^     Russ.  575,  where  the  Bank  refused  to  permit  an  executor 

to  transfer  a  sum  of  stock  specifically  bequeathed,  it  was 

held  that  the  legacy  was  not  good  without  the  assent  of 

the  executor,  and  therefore  he,  not  having  yet  assented  to 

it,  might  transfer  the  stock,  and  the  Bank  had  to  pay  the 

costs  of  the  suit;  and  see  Banh  (f  England  v.  P<tr!^on.%  5 

Ves.  GG8. 

fhc \lank         ^^  ^^^^  Bank  are  made  parties  to  a/»  suit  in  a  case  where 

unneces-     the  required  relief  against  them  might  have  been  had 

made  uiider  Statute  40  Geo.  III.,  c.  36  (enabling  the  Court  to 

parties.       restrain  the  Bank  though  not  parties  to  the  suit),  they 

will  be  dismissed  with  costs  {Edridge  v.  Edrklge,  8  Mad. 

386).     But,  it  seems,  a  demurrer  would  not  lie  in  such  a 

case  {Temple  v.  Bank  of  England,  6  Ves.  770).     If  they 

are  made  parties  merely  for  the  purpose  of  discovery  as  to 

the  amount  of  stock  belonging  to  the  testator  a  demurrer 

will  lie  (Saunders  v.  Sa.undcj's,  3  Drew.  387);  or  if  brought 

to  the  hearing  the  Bank  will  be  dismissed  with  costs,  but 

as  between  party  and  party  only  (De  Combe  v.  Be  Combe, 

3  Jur.  N.  S.  712). 

The  costs         ^^^  ^■^  _2J«rfe   Winter,  5  Russ.  286,  the  Bank  was  held 

"f  iiie         to  be  entitled  to  disobey  an  order  under  Statute  6  Geo. 

bank  dis-      -^^j  ^'j/iinm 

obeying  an  IV.,  c.  /4  (the  old    Irustee   Act),  as  made  on  an  msuffi- 
order  ^^jg^^  statement  of  fact,  and  were  allowed   the  costs  of 


COSTS    OF    BANKRUPTS.  341 

successfully  arguing  the  point ;  and  see  Re  King,  10  Sim.  made  hy 

605.  '  tl^c  Cmut 

-1171  T.      1  ultra  virt*. 

Wliere  the  Bank  were  made  parties  to  a  suit  to  deter-  Out  of 
mine  the  right  to  a  specific  legacy  of  stock,  they  were  '^^'■^^  ^""'^ 
allowed  costs  out  of  the  legacy  only,  the  costs  of  all  other  given 'to^ 
parties  coming  out  of  the  general  personal  estate  {Ham-  *^®  ''""^'■ 
riiond   V.  Keame,  1    Swans.  35  ;   and  see   Shrymslier  v. 
Northcote,  ibid.  566,  573). 

Where  the  Bank  is  successful,  of  course  it  will  have  costs 
(Prosdcr  v.  Bank  of  England,  13  Eq.  611). 


Sect.  IY. —  Co.sf.s  of  Baul-rupts. 

Where  a  certificated  bankrupt  was  made  a  party  to  a  Where  the 
suit  in  respect  of  a  claim  against  himself  and  his  part-  J|;'^"'^^""P* 
ners  accruing  before   the    bankruptcy,  he   was  held  en-  become  so 
titled  to  have  his  costs  from  the    plaintiff   {Pannell   v.  ^"^"''^  '"'*' 
Hurley,  2  Coll.  241).     But  in  Gregory  v.  Bessell,  6  Mad. 
1S6,  a  bankrupt  who  had  been  guilty  of  fraudulent  con- 
duct  was  dismissed  without  costs.     A  bankrupt  made  a 
defendant  to  a  suit  to  determine  the  respective  rights  of 
his  wife   and   his   trustee,    will     be     allowed     his    costs, 
although   he   is  a   debtor   to    the    estate  (Rotherham   v. 
Battson,  2  Sm.  &  G.  app.  viii.),  and  in  Green  v.  Otte,  2  L.  J. 
Ch.  (O.  S.)  123,   they  were  allowed  as  between  solicitor 
and  client. 

If  a  sole  plaintiff  becomes  bankrupt  in  the  course  of  a  Where  a 
suit,  his  trustee   in  bankruptcy  may,   if  he  please,  go  on  ^f  ^    .^ 
with  the  suit;  and  in  that  case  he  becomes  liable   to  the  becomes 
costs  of  the  suit  from  its  commencement.     If  the  trustee  j^q  "Jhe"^'* 
take  no  step  in  the  matter,  the  action  may  be  dismissed  course  uf 
with  costs  for  want  of  prosecution,  on  the  defendant  un-  *^^  '"'*' 
dertaking  not  to  enforce  the  order  against  the  plaintiff 
personally     but    only    against    his    estate    in    bankruptcy 
(WrigJd  V.  Stcindon  Ry.  Co.,  W.  N.  (1876),  296  ;  Ahhotson 


342  COSTS    AFFECTING    I'AimCULAR    PERSONS. 

V.  Greng,  W.  N.  (1871),  2 ;  19  W.  R.  340;  23  L.  T.  796  ; 
Daniel  v.  Harding,  1  Y.  &  C.  C.  C.  436). 

If  the  suit  is  brought  to  a  hearing  after  the  sole  plaintiff 
has  become  bankrupt  and  is  then  dismissed,  the  dismissal 
will  be  without  costs;  see  Boucicault  v.  Delafield,  12 
W.  R.  1025  ;  4  N.  R.  476,  where  the  plaintiff  became 
bankrupt  after  the  hearing  of  the  cause,  but  before  judg- 
ment was  given  ;  but  see  the  other  Avay,  Smith  v.  Ffg,  1 
Dick.  288  ;  unless  vexatious  conduct  or  fraud  is  proved 
against  the  bankrupt,  in  which  case  he  may  be  ordered  at 
the  hearing  to  pay  costs  personally  {Loch  v.  Bromley,  3 
Ves.  40 ;  and  see  the  observations  of  V.  C.  Wood  in 
Boucicault  v.  Delafield).  An  order  for  the  payment  of 
the  costs  of  the  defendant  to  a  suit  for  discovery,  however, 
is  regular,  though  the  plaintiff  has  become  a  bankrupt 
{Hibherson  v.  Fielding,  2  S.  &  S.  371). 
Where  a  A  defendant  who  has  become  a  bankrupt  or  insolvent 

beco'incT*^    may  nevertheless  dismiss  the  suit  with  costs  for  want  of 
bankrupt,    prosecutiou  (scc  ante,  p.  81,  and  the  cases  there  cited). 
And  the  Court  would  not  at  the  instance  of  the  assignees 
order  the  plaintiffs  to  file  a  supplemental  bill,  or  in  defiiult 
have  their  bill  dismissed  {Manson  v.  Burton,  I  Col.  626). 
In  a  recent  case  where  a  sole  defendant  became  bank- 
rupt the  Court  declined  to  add  his  trustee  as  a  defendant 
under  R.S.C.  OrJ.  L.,  r.  2,  the  plaintiff's  claim  being  a  mere 
money  demand,  or  to  make  any  order  as  to  the  plaintiff's 
costs  up  to  the  bankruptcy,  which  were  consequently  lost 
{Barter  v.  Duheux,  (C.  A.)  50  L.  J.  527  ;  29  ^Y.  R.  622  ; 
44  L.  T.  596). 
Costs  of  a        A  bankrupt  executor  or  trustee,  however,  will  be  en- 
excc'uto?     titled  to  his  costs  of  suit  in  the  usual  form,  whether  the 
or  trustee,   bankruptcy  has  occurred  before  the  suit  (Cotton  v.  Clark,  16 
Beav.  134);or  after  it  {Samuel  v.  Jones,  2  Ha.  246  ;  Turner 
V.  Mullineux,  9  W.  R.  252) ;  and  see  Boivyer  v.  Griffin,  9 
Eq.  340 ;  18  W.  R.  227,  where  Turner  v.  Midlineux  is 
treated  as  conclusive.     If  a  balance  is  found  due  from  the 
bankrupt  to  the  estate,  it  may  be  set  off  against  his  costs 


COSTS    OF   GUARDIAN   AD    LITEM.  313 

up  to  the  baiikniptcy,  but  not  ngainst  his  subsequent  costs 
(see  ante,  p.  19())>-^.  So  a  bankrupt  trustee  is  entitled  to  his  •  ^' ^^^.^k^  t/'^/^^^^ 
costs  of  appearance  on  a  petition  for  the  appointment  of  ^^t^\^^f\Q>  "S^^efe 
new  trustees  {Turner  v.  Mullineux).  "-^"^  ^<^^^^  iA.f%_ 

Costs  ordered  to  be  paid,  but  not  taxed  before  the  bank- 
ruptcy of  the  person  to  receive  them,  cannot  be  set  off  in 
bankruptcy  against  a  debt  due  from  the  party  1o  pay  them 
{Ex  parte  Rhodes,  15  Ves.  539). 


Sect.  V. — Costs  of  Guardian  ad  Litem. 

'  Where  tlie  Court  appoints  one  of  the  solicitors  of  the  Order  as  to 
Court  to  be  guardian  ad  liteni  of  an  infant  or  person  of  ^°!|'^jj^^ 
unsound  mind,  the  Court  may  direct  that  the  costs  to  be  «f^  litem. 
incurred  in  performance  of  the  duties  of  such  office  shall 
be  borne  and  paid  either  by  the  parties,  or  some  or  one 
of  the  parties  to  the  suit  in  which  such  appointment  is 
made,  or  out  of  any  fund  in  court  in  which  such  infant  or 
person  of  unsound  mind  may  be  interested,  and  may  give 
directions  for  the  repayment  or  allowance  of  such  costs  as 
the  justice  and  circumstances  of  the  case  may  require' 
(Cons.  Ord.  XL.,  r.  4). 

Except  in  cases  of  gross  misconduct  the  guardian  ad  Costs  of 
liteni  of  an  infant  will  not  be  ordered  to  pay  the  costs  of  ""^^I*^", 
an  unsuccessful  defence  {Morgan  v.  Morgan,  11  Jur.  N.  S.  defence. 
233  ;  12  L.  T.  199). 

Where  the  solicitor  to  the  Suitors'  Fee  Fund  is  appointed  where 
guardian  to  a  defendant  Avho   is  an  infant,  or  of  unsound  g^^rdian  is 

.     T  1       .  ,.     1  ,    .      .  ^p   .     .  appointed 

ramd,  at  the  mstance  oi  the  planitm,  it  is  the  settled  rule  at  plain- 
that  the  plaintiff  shall  pay  his  costs  in  the  first  instance,  st!!n-"^"b 
and  add  them  to  his  own  {Fraser  v.  Thompson,  4  De  G.  pays  the 
&  J.  659  ;  Neiuhury  v.  Marten,  15  Jur.  166)  ;  although  it  may\ave 
is   a   foreclosure    suit,    and    the   security    is    insufficient  ^^^"^  °^^^- 
{Harris  v.  Hamlyn,  3  De  G.  &  S.  470).     But  in  a  parti- 
tion suit,  the  guardian's  costs  were  ultimately  charged  on 
the  infant's  share  {Robinson  v.  A^ton,  9  Jur.  224  ;  and  sec 


34i  COSTS    AFFECTING    I'AUTICULAR    PEUSONS. 

Rohe;]  v.  W!utci'-uo<l,  there  cited).  Where  a  guardian  was 
appointed  at  the  plaintiff's  instance  to  a  defendant  alleged 
to  be,  but  who  was  not  really,  an  infant,  the  plaintiff  bore 
the  costs  (Green  v.  Bodley,  7  Beav.  271).  The  Court, 
however,  has  no  jurisdiction  to  order  the  costs  of  a  defen- 
dant to  whom  the  solicitor  to  the  Suitors'  Fee  Fund  is 
appointed  guardian  to  be  paid  out  of  the  suitors'  fund 
{Fraser  v.  TJioiapson,  4  De  G,  &  J.  659). 
Where  a  Where  a  person  of  unsound  mind,  to  whom  a  guardian 

person  of    ^^^^  Utem  had  been  appointed  at  the  instance  of  the  plain- 
mind  re-     tiff,  recovered  before  the  hearing  and  applied  for  leave  to 
dZ7m.'  appear  by  his  own  solicitor,  it  was  held  that  he  must  pay 
the  costs  of  the  guardian  before  obtaining  an  order  to  sub- 
stitute his  own  solicitor,  but  might  add  such   costs  to  his 
own  costs  of  suit  (Framjdoii  v.  ]Vef)h,  2  N.  R  547  ;   11  W. 
R.  1018)  ;  and  see  Bbjth  v.  G'/wn,  W.  N.  (1876),  214. 
The  solici-       Where  the  solicitor  to  the  Suitors'  Fee  Fund  is  appointed 
tor  to  the    ^,^j^^j.(]ij^^  f„i  iifcra  to  an  infant  defendant,  and  also  appears 

rMutois  o 

Fund  ap-  f^j.  Q^her  parties  defending  in  forma  pcaiperis,  he  will  be 
different'  entitled  to  his  full  costs  in  each  case,  notwithstanding  the 
capacities    ^.^^^  -^  j^^  Colquhouii,  5  De  G.  M.  &  G.  35,  ante,  p.  127, 

entitled  to  ■'■  ,      /n  m  t    n>'£C 

,fuli  costs  which  was  held  not  to  apply  {Frazer  v.  Ikompson,  1  uiit. 
in  each.        ^g^^_ 


Sect.  YI. — CW^  of  Heir  at  hnv  and  Xe.rt  of  kin. 

Co.tgof  In  Bcrney  v.  Eijre,   3  Atk.   387,   Lord  Hardwickc    is 

heii-athiw,  stated  to  have  '  laid  down  the  following  general  rules  : — 

as  between     ,.„,.         ,■  ■,  •^■<  i-  . 

himself       that  if  a  devisee  bring  a  bill  merely  in  perpetuarn  rei  me- 

^J^^.  moriam,  and  the  heir  at  law  does  nothing  more  than  cross- 

devisee.  1  1  £>  1 

examine  the  witnesses  who  are  produced  to  conhrm  the 
will,  he  is  entitled  to  his  costs.  If  he  examines  witnesses 
to  encounter  the  will,  he  shall  not  have  his  costs.  This  is 
where  the  bill  does  not  pray  relief,  or  is  not  brought  to  a 
hearing.  But  when  the  cause  is  brought  to  a  hearing,  if 
the  heir  at  law  has  an  issue  directed  to  try  the  will,  and 


CO.STrf    OF    HEIR   AND    NEXT    OF   KIN.  34 J 

the  will  is  established,  as  he  has  a  right  to  be  satisfied  how 
he  is  disinherited,  he  shall  have  his  costs.  If  he  sets  up 
insanity  or  any  other  disability  against  the  person  who 
makes  the  will,  and  fails,  he  shall  not  have  his  costs.  But 
it  must  be  a  very  strong  case  which  will  induce  the  Court 
to  give  costs  against  him,  as  spoliation  or  secreting  the 
w'ill.  I  should '  (said  Lord  Hardwicke,  with  reference  to 
the  particular  case  before  him)  '  have  decreed  the  defen- 
dant, the  heir,  his  costs,  notwithstanding  one  witness 
has  sworn  positively  to  an  attempt  of  concealing  the  will, 
because  it  is  as  positively  denied  by  the  defendant's 
answer,  but  then  it  appears  likewise  that  after  the  heir 
was  informed  that  the  will  w-as  in  the  hands  of  a  particular 
person,  he  went  and  took  out  administration  upon  the 
oath  usual  on  those  occasions,  without  ever  making  any 
enquiry  after  the  person  whom  he  was  informed  by  letter 
had  the  will  in  his  custody.  This  is  such  an  improper 
behaviour  in  the  heir  that  I  will  not  give  him  his  costs.' 

With  regard  to    the    first    point    mentioned    by  Lord  In  suits  to 
Hardwicke,  the  costs  of  the  heir  in  a  suit  to  perpetuate  Smon*^ 
testimony  to   the   will  merely,  see  ante,  p.  215,  seq.,  and  to  the  will 
the  cases  there  cited.     The  heir  will  be  entitled  to  his  '"^"^^  ^' 
costs  from  the  plaintiff,  though   he  refuses  to  release  his 
right  {Anrjell  v.  Brown,  2  P.  W.  285,  n.) 

The  rules  above  stated  with  respect  to  the  costs  of  the  -Where  the 
heir,  where  the  will  is  established  against  him,  are  followed  ^^'^^!  ^^  ^^' 

°  ^.„  tablishea 

generally,  though  subject   to  some  modification.     Where  against  the 
the  heir  is  defendant  he  will   be  entitled  to  his  costs  from  f^'ls^e- 
the  phiintiff,  both  at  law  and  in  equity,  though  an  issue  fendaut ; 
devisavit  vel  noii  is  granted    at    his    request  and  found  T^T.^ 
against    him,  if    he  has  not  been  vexatious  or  guilty  of 
tampering  with  the  will  (BUnkeJiorn  v.  Feast,  1  Dick.  153  • 
and  see  Boson  v.  Boson,  ibid.  300;  Johnson  v.  Gardiner, 
ibid.  313  ;    Gough  v.  Botevel,  ibid.  896  ;  Creiv  v.  Jollif, 
Prec.  Ch.  93  ;  Tueker  v.  Sanger,    M'Clel.   &  Y.  425  ;  18 
Pr.  607  ;   WrigJd  v.  Wright,  5  Sim.  449)  ;  and  he  is'  en- 
titled to  examine   witnesses  on  his  own  behalf  (Tuthill  v. 


346      COSTS  AFFECTING  PARTICULAR  PERSONS. 

Scott,  2  Moll.  468  ;  uotvvitlistauding  tlie  dictum  in  M'Clel. 

Sc  Y.  445).     '  The  Court  does  not  consider  the  heir  hound 

to  litigate  with  his  hands  tied  ;  and  he   is  at  liberty  to 

raise  any  questions  before  the  Court  which  may  be  fairl}' 

necessary  to  determine  the  validity  of  the  will '  {per  V.  C. 

Parker,  Grove  v.  Younrj,  5  De  G.  &  S.  38). 

The  heir  It  seems  at  one  time  to  have  been  held  tliat,  if  the  heir 

priv'cd  of     set  up  a  case  of  insanity  or  incompetence  in  the  testator, 

costs  as  of   ami  failed, "he  could  not  have  costs   (see  Berney  v.  Eyre  ; 

where 'he     White  V.  WU.'ion,  18  Ves.  87  ;  Smith  v.  Dearmer,  3  Yo.  Sc 

alleges  in-   j  £78).     But  the  rule  now  followed  appears  to  be,  that 

sanity,  and  ;  _  _  .  . 

fails."  even   in  this  case  the   heir    will  not  be  deprived  of  his 

costs,  unless  the  defence  was  made  without  any  proper  or 
just  grounds  {Waters  v.  Waters,  2  W.  R.  642,  and  see 
1  K.  &  J.  759  ;  Roberts  v.  Kerslale,  1  K.  &  J.  751  ; 
and  see  Grove  v.  Yoiuifj,  5  De  G.  &  S.  38,  though  this 
case  is  differently  reported  on  this  point  in  15  Jur.  1100). 
In  Webb  v.  Glaverdeii,  2  Atk.  424,  Lord  Hardwicke  him- 
self is  reported  to  have  said,  that  even  where  insanity  is 
alleged,  the  Court  '  very  often  allow\s  the  heir  his  costs.' 
Whether  the  defence  is  a  proper  one  to  make  will  of  course 
depend  upon  the  circumstances  of  each  particular  case. 
In  Waters  v.  Waters,  2  \V.  R.  642,  the  heir  was  allowed 
his  costs.  In  Roberts  v.  Kerslake,  on  the  other  hand, 
V.  C.  Wood  refused  costs,  because  the  heir  lived  in  the 
neighbourhood  of  the  testator,  who  was  subject  to  fits  of 
delirium,  and  knew  of  all  the  circumstances  on  which  the 
testator's  sanity  was  established  when  the  will  was  made. 
The  Vice-Chancellor  there  suggested,  as  a  test  of  the 
propriety  of  the  proceedings,  the  consideration  whether 
the  Court  would  antecedently  sanction  such  risk  being 
incurred  on  behalf  of  an  infant.  Again  in  Grove  v.  Young, 
where  the  heir  adduced  voluminous  evidence  of  the  tes- 
tator's incompetence  in  the  suit,  but  declined  to  raise  the 
question  in  an  action  which  was  directed  for  the  purpose 
of  trying  the  will,  the  Court  gave  no  costs  at  law  or  in 
equity  generally,  but  made  the  defendant  pay  the  costs  of 


COSTS    OF    HFJR   AND    NEXT    OF    KlN.  347 

the  useless  evidence.  But  it  must  be  a  very  exceptional 
case  in  which  costs  will  be  given  against  the  heir.  In 
White  V.  Wilson,  13  Ves.  87,  the  heir  (in  the  language 
of  Lord  Erskine)  '  wickedly  and  fraudulently  contested 
this  will,'  but  the  Court  gave  no  costs  of  the  issue,  made 
the  defendant  pay  the  costs  of  a  motion  for  a  new  trial, 
and  gave  him  the  costs  in  equity. 

The  circumstance  that  the  heir  was  a  party  to  previous  What 
judicial  proceedings  in    which    the    validity  of   the    will  cij-cum. 
was  upheld,  will  be  a  reason  for  refusing  him  costs — as  stances 
where  the  will  as  to  personalty  had  been  previously  esta-  prive  the 
blished  in  the  Ecclesiastical  Court  against  the  heir  as  one  ^^ir  of 

^  costs. 

of  the  next  of  kin  {Stacey  v.  Sprdtlcy,  4  De  Gr.  &  J.  199)  ; 
or  where  the  heir  had  previously  brought  an  action  of 
ejectment  and  failed  {Grove  v.  Young,  5  De  G.  &  S.  38). 
Where  a  person  was  made  defendant  to  a  bill  to  establish 
a  devise  of  gavelkind  lands  as  sole  heir  of  the  testator,  and 
admitted  his  title,  but  it  was  afterwards  discovered  that 
his  elder  brother  had  left  children,  the  original  defendant 
having  in  his  answer  to  a  supplemental  bill  admitted  his 
knowledge  of  the  fact,  but  alleged  ignorance  of  the  law, 
was  refused  costs  both  at  law  and  in  equity  {Roberts  v. 
Scoones,  7  Sim.  418).  In  M((n  v.  Ricketts,  7  Beav.  93,  the 
heir  at  law,  who  was  also  a  trustee  under  the  will,  having 
in  a  suit  against  him  by  the  assignees  of  a  cestui  que  trust 
for  an  account,  disputed  the  validity  of  tlic  will  after 
twenty  years'  acquiescence,  was  refused  an  issue,  and  had  to 
pay  the  costs  of  the  suit  up  to  the  hearing  ;  and  see  S.  C. 
on  appeal,  sub  norn.  Tarquand  v.  Ricketts,  1  H.  L.  C 
472. 

An  heir  at  law  and  executor  who  elects  to  take  real 
estate  in  Scotland,  in  opposition  to  a  will  under  which  he 
would  be  entitled  to  a  legacy,  is  entitled  to  his  costs  out 
of  the  personal  estate,  except  the  extra  costs  caused  by  liis 
election  {Harrison  v.  Harrison,  8  Ch.  342  ;  42  L.  J.  Ch. 
495  ;  21  W.  E.  490  ;  28  L.  T.  545). 

But  where  the  heir  at  law  has  been  guilty  of  spoliation  where  t1\c 


348  COSTS   AFFECTING   PARTICULAR   PERSONS. 

heir  has  OF  tampering  with  the  Avill,  he  Avill  have  to  pay  the  costs 
of  spolia-  ^  ^^  establishing  it,  as  laid  clown  by  Lord  Hardwickein  Ber- 
tion,  he  ^eij  V.  Eyre,  3  Atk.  387  ;  and  see  WlUiarna  v.  WiUiams, 
pays  costs.  ^^^  ^eav.  30G ;  3  N.  R  100;  12  W.  R.  140.  And  that 
will  be  so,  although  the  costs  are  not  increased  by  his 
misconduct  (see  AHihlleton  v.  MkJdJeion,  .5  De  G.  tV:  S. 
G56,  where  the  heir  tore  the  will  to  pieces,  which  were 
put  together  again,  and  the  will  was  proved  in  that  shape). 
In  Ma  IT 'i  oft  V.  Marriott,  12  W.  R.  303,  the  heir  burnt  a 
writing  which  was  supposed  to  be  a  valid  will,  but  which 
turned  out  to  be  a  nullity,  and  in  a  suit  by  the  devisee  to 
establish  this  document  as  a  will,  or  in  the  alternative  an 
earlier  one — Avhich  was  ultimately  established — the  heir 
having  admitted  the  destruction  of  the  second  document, 
and  also  a  copy  of  it,  had  no  costs  up  to  the  heaiing,  but 
had  his  costs  of  the  issue  and  his  subsequent  costs, 
ii.  Where  Where  the  heir  at  law  instituted  a  suit  to  set  aside  a 
isplainW  will,  in  a  case  in  which  he  might  have  proceeded  by 
ejectment,  and  failed,  he  was  ordered  to  pay  all  the 
costs  occasioned  by  his  controverting  the  will  {Wehh  v. 
Claverden,  2  Atk.  424  ;  and  see  Johnson  v.  Gardiner, 
1  Dick.  313 ;  Gougli  v.  Botevel,  ibid.  396  ;  BUiil-e- 
horn  V.  Feast,  ibid.  153  ;  Seal  v.  Botcnton,  3  Bro. 
C.  C.  214  ;  Tuthill  v.  Seott,  2  Moll.  468).  But  where  an 
outstanding  legal  estate,  as  to  all  or  any  part  only  of  the 
lands,  prevented  ejectment  being  brought,  and  it  was 
otherwise  a  reasonable  case  for  investigation,  the  bill 
was  dismissed  without  costs  generally,  but  the  heir  paid 
the  costs  of  the  issue  (Trtf/anyi  V.  Wright,  2  R.  &  M.  1, 
31  ;  Sea  if e  v.  Seaife,  4  Russ.  309).  In  Stvinfen  v.  Stuin- 
fen,  27  Beav.  148,  167,  where  the  heir  disputed  the  will 
on  the  grounds  of  incompetency  and  fraud,  but  for  any- 
thing that  ajopears  might  have  brought  ejectment,  no 
costs  were  given  of  the  first  trial,  which  ended  in  an 
ineffectual  compromise  through  the  mistake  of  all  parties, 
but  the  heir  had  to  pay  the  costs  of  the  second  trial,  in 
which  the  jury  found  in  favour  of  the  will,  and  the  costs 


COSTS    OF    HEIR    AND    NEXT    OF   KlN.  349 

of  au  unsuccessful  motion  for  a  new  trial,  and  the  bill  was 
then  dismissed  without  further  costs.  Where  the  heir  at 
law  filed  a  bill  against  the  devisee  and  executor  impeach- 
ing the  validity  of  the  will,  and  an  issue  was  directed 
which  resulted  in  the  validity  of  the  will  being  established, 
the  bill  was  dismissed  Avithout  costs  as  regarded  the 
devisee,  and  the  plaintiff  paid  the  costs  of  the  executor 
(Banks  v.  GoodfeUow,  11  Eq.  472;  and  see  Cowgill  v. 
Rhodes,  33  Beav.  310). 

So,  where  the  heir,  instead  of  bringing  ejectment,  filed  Present 
a  bill  for  discovery  of  the  deeds  by  which  he  was  disin-  "JthT*"'" 
herited,  he  had  to  pay  the  costs    of  the  suit  {Luxton  v.  Courts  not 
Stephens,  3  P.  W.  373).     But  in  Leman  v.  Alie,  1  Amb.  gpeciar 
163,  a  similar  bill   was    dismissed   without    costs,    with  f'i'*'o"rto 
a  direction   that,  if  the   plaintiff  should   further   molest 
the  defendants,  they  should  be  at  liberty  to   apply   for 
costs,  and  it  was  said   that  an  heir  at  law  contending  for 
the  inheritance  on  reasonable   grounds,   should   not  pay 
costs ;  and  see  Stephens  v.  Trueinaii,  1  Yes.  Sen.  73.  But 
'  in  modern  times  the  inclination  of  the  Court  has  been  to 
place  the  heir  at  law  in  the  same  situation  as  other  parties' 
(per  Sir  J.  Romilly,  M.  R,  Swinfeii  v.  Siuivfeii). 

Where,  however,   the    question   between   the  heir  and  Where  the 
devisee  is  one  of  construction  only,  it  would  seem  that  on  'i^f^tion 

•^ '  _  between 

tlie  principles  stated,  ante,  p.  96,  seq.,  the  heir  at  law,  the  heir 
though  unsuccessful,  should  not  pay  costs,  or  may  have  il"one°or^*^ 
them  out  of  the  estate ;  and  see  Yates  v.  Gomipton,  2  P.  W.  construc- 
308  ;  Ra.shley  v.  Masters,  1  Ves.  Junr.  201.     So  a  bill  by  Next  of 
next  of  kin,  claiming  the  surplus  against  the  executors,  was  ^i°- 
dismissed  without  costs  (BllnkJtorn  v.  Feast,  2  Ves.  27). 

But  wdiere  the  question  was  whether  a  particular  house 
passed  by  the  devise,  and  the  heir  failed  at  the  trial  of  an 
action  at  law  to  prove  a  material  fact  alleged  in  the  suit, 
and  but  for  which  the  action  would  not  have  been  directed, 
he  had  to  bear  the  costs  occasioned  by  the  trial  of  the 
action  [Neivton  v.  Lucas,  1  My.  &  C.  393).  In  a  suit  upon 
the    construction    of  will    the    heir   at   law    was    ordered 


BoO 


COSTS   AFFECTING   FArvTICULAU    FERSOKS, 


Costs  of 
heir  and 
next  of 
kin  in 
charity 
cases. 


Costs  of 
next  of 
kin  and 
heir  in- 
adrainis- 
tration 
suits. 


to  be  made  a  party,  which  was  done,  and  the  V.  C. 
decided  that  he  was  entitled  to  the  residue.  The  Court 
of  Appeal  reversed  this  decision,  and  their  judgment  was 
substantially  affirmed  by  the  House  of  Lords,  but  under 
the  circumstances  the  heir  was  allowed  his  costs  both  in 
the  court  below  and  in  the  appeal  {Singleton  v.  Toinlinaon, 
3  App.  Cas.  404). 

In  charity  cases  the  heir  at  law,  if  he  makes  no  im- 
proper point,  will,  though  unsuccessful,  be  entitled  to  his 
costs  {Currie  v.  Pye,  17  Ves.  462  ;  Whicker  v.  Hume,  14 
Beav.  528) ;  and  generally  they  will  be  allowed  as  between 
solicitor  and  client  (Carrie  v.  Pye  ;  James  v.  James,  11 
Beav.  397  ;  Lewis  v.  AUenhy,  18  W.  R.  1127  ;  W.  N.  (1870), 
213),  but  not,  it  seems,  as  of  right  {Whicher  v.  Hume; 
and  see  ante,  p.  206).  So  as  to  the  costs  of  next  of  kin 
{Carter  v.  Green,  3  K.  &  J.  608  ;  Gaffnej  v.  Hevoy,  1  Dr. 
&Wal.25  ;  but  see  Wilkinson  v.  barber,- 14  Eq.  96,  where 
theM.  R.  decided  to  follow  Carter  y.  Green).  In  Attorney 
General  v.  Haberdashers  Company,  4  Bro.  C.  C.  177, 
S.  C.  Beames,  app.  18,  the  heir  at  law  having  come  in 
under  an  enquiry  in  a  charity  information,  and  in  a  sup- 
plemental information  filed  against  him  unsuccessfully 
claimed  the  increased  rents  of  the  charity  estate,  was 
allowed  his  costs  out  of  the  estate  as  between  solicitor  and 
client,  including  those  which  he  '  had  been  put  to  pre- 
viously to  the  time  of  being  made  a  party  to  the  suit  in 
proving  himself  such  heir  at  law.'  And  in  other  cases  the 
heir  at  law  has  been  allowed  his  costs,  charges,  and  ex- 
penses {per  Lord  Langdale,  M.  R.,  Attorney  General  v. 
Kerr,  4  Beav.  297,  299). 

The  costs  of  the  heir  at  law  and  all  other  parties  to  a 
successful  suit  to  set  aside  deeds  as  not  duly  executed 
and  enrolled  will  be  paid  out  of  the  estate  {Wickhamv. 
Marquis  of  Bath,  1  Eq.  17;  35  L.  J.  Ch.  5;  11  Jur. 
N.  S.  988 ;  14  W.  R.  21  ;  13  L.  T.  313).  As  to  the  costs 
of  next  of  kin  proving  their  title  in  Chambers  in 
an  administration    suit,  see   ante,  p.   LS6.     In  Sviff   v. 


COSTS    OF   INFAKTS,    ETC.  351 

Siviff,  1  De  G.  F.  &  J.  160,  the  testator's  heiress 
at  law,  who  had  come  in  under  the  decree  in  a  next  of 
kin's  suit,  was  allowed  the  costs  of  proving  her  pedigree, 
as  well  as  her  general  costs ;  and  see  Att.  Gen.  v.  Haber- 
dashers Compamy,  cited  above,  and  the  MS.  cases  therein 
referred  to.  In  Bland  v.  Daniell,  W.  N.  (1867),  169,  the 
costs  of  the  enquiry  for  the  heir  at  law  as  between  soli- 
citor and  client  were  given  him  out  of  the  real  estate. 

Where  an  heir  at  law,  plaintitf,  was  put  to  prove  his 
pedigree,  and  it  appeared  that  the  evidence,  which  satisfied 
the  Court,  was  submitted  to  the  defendants  before  suit, 
the  plaintiff  had  costs  against  them,  though  trustees, 
personally  {Lancashire  v.  Lancashire,  1  De  G.  &  S.  288). 

Where  the    real    estate  of  an  intestate  has   been  ex-  Where  the 
hausted  by  his  creditors,  the  heir  at  law,  being  in   the  Srin'the^"^ 
position  of  a  trustee,  will  be  allowed  costs,  and  as  between  position  of 
solicitor  and  client,  whether   as    defendant  {Tardrew  v.  ^ 
Howell,  2  Gifif.  .530),  or  as  plaintiff  (Shiftier  v.  Shiftier,  4 
N.  R  475).     In  Hoddel  v.  Pugh,  U  W.  R.  782,  which  was 
a   suit   for   specific   performance   by   the    executor    of  a 
deceased  vendor,  the  heir  at  law  having  refused  to  convey 
had  to  pay  the  costs  of  the  suit.      As  to  the  costs  of  an 
infant  heir  at  law  in  a  suit  for  specific  performance  of  his 
ancestor's  contract,  see  ante,  p.  261,  seq. 

The  heir  at  law  of  a  decea.sed  purchaser  is  not  entitled  Heir  of 
to  have  the  costs  of  the  conveyance  of  real  estate  con-  ^^urchTJer 
tracted  to  be  purchased,  which   has  descended  on  him,  "ot  enti- 
paid  out  of  the  personal  estate  {Waife  v.  Barnes,  C.   P.  costs^of 

C.  502).  convey- 

A  disclaiming  heir  in  a  foreclosure  suit  is  in  the  same  Disdaim- 
position   with   regard  to  costs  as  any  other   disclaimino-  i"g  lieir. 
defendant  {Gray  v.  Adamson,  So  Beav.  383). 


Sect.  VII. — Costs  of  Infants  and  theirnext  Friends. 

Any  person  is  at  liberty  to  institute  proceedings  in  the  Cos;.^  as 

name  of  an  infant,  as  liis  next  friend  (Mitf  Pi.  25;  RSO  between 

the  next 


B;r2  COSTS    AFFECTIKC;    I'AKTK'ULAU    I'EitSOKS. 

friend  of  Ord.  XVI.  r.  8) ;  but  by  so  doing  he  renders  himself  liable 
plaintiff  ^^  ^^®  defendants  for  all  the  costs  of  the  suit,  including 
and  the  those  of  any  interlocutory  proceedings  in  it  taken  on 
ants.  behalf  of  the  infant  plaintiff  {Jones  v.  Leiris,  1  De  G.  &  S. 

245  ;  andcf  Buchtonx.  Buckioli,  2  Dick.  79-i  ;  Roddani  v. 
lietJierington,  o  Ves.  91).  As  between  the  next  friend 
and  the  defendants,  the  former  is  in  the  same  position 
with  respect  to  costs  as  any  adult  i^laintiff,  and  the  action 
will,  in  a  proper  case,  be  dismissed  with  costs  payable 
by  the  next  friend.  See  Frank  v.  Mainivaring,  4  Beav, 
']7,  where  a  bill  was  filed  in  the  name  of  an  infant, 
under  the  sanction  of  a  Master,  to  set  aside  certain 
deeds  alleged  to  have  been  executed  by  a  settlor  when 
a  lunatic,  and  a  jur}-  having  found  in  favour  of  the 
deeds,  the  bill  was  dismissed  with  costs ;  and  see  also 
B(i rfJdi  v.  Wood,  9  W.  R.  S17,  as  to  the  costs  occasioned 
by  unproven  charges  of  misconduct  made  in  an  infant's 
bill.  In  Widtersv.  Woodhridr/c,  7  Ch.  D.  504,  where  a  bill 
imputing  misconduct  to  a  trustee  Avas  dismi.s.sed  with 
costs  which  the  next  friend  was  unable  to  pay,  the 
trustee's  costs  were  allowed  out  of  the  trust  estate. 
"Where  two  out  of  three  infant  plaintiffs  had  attained 
twenty-one  before  decree  and  had  adopted  the  proceed- 
ings, and  a  decree  was  made  for  payment  of  costs  by  the 
plaintiffs  generally,  it  was  held  that  an  attachment  against 
the  next  friend  alone  wjus  not  irregular  {Fv.rccll  v.  ITooc?- 
ley,  5  Ir.  Eq.  R  37C).  If,  however,  the  infant  dies  before 
the  taxation  of  costs  ordered  to  be  paid  by  the  next 
friend,  it  is  said  that  the  next  friend  cannot  be  pro- 
ceeded against  for  them,  and  the  costs  are  lost  {Morgan  v. 
Compton,  Bunb.  332). 
Costs  as  But  as  between  the  next  friend   and  the  infant,  the 

thrinfant   f^^i'i^^e^'j  though  jjrr/au  facie  liable  for  the  infant's  solicitor's 
and  the      bill  of  costs  as  well  as  those  of  the  other  side  {Re  Flower, 
friend.        19  AV.  R.  578),  will  be  entitled  to  the  costs  of  a  suit  pro- 
perly instituted  for  the  infant's  benefit  {Dunn  v.  Dunn, 
3  Drew.  17) ;  even  though  unsuccessful,  see  Taner  v.  Ivie, 


COSTS   OF   INFANTS,    ETC.  853 

2  Ves.  467,  where  the  bill,  which  was  filed  with  a  Master's 
sanction,  had  been  dismissed  with  costs.  And  in  general 
the  next  friend's  costs  will  be  allowed  as  between  soli- 
citor and  client  [Broicn  v.  Weatherhead,  4  Ha.  122) ;  but 
not,  it  seems,  as  a  matter  of  right  (see  Oshorne  v.  Denne, 
7  Ves.  424,  where  the  extra  costs  were  refused).  The 
extra  charges  and  expenses  beyond  taxed  costs  might  also, 
it  has  been  said,  be  allowed  to  the  next  friend  under  the 
head  of  'just  allowances  '  (Fearnsv.  Young,  10  Ves.  184). 
And  in  Palmer  v.  Jones,  22  W.  R.  909,  Jessel,  M.  R., 
directed  the  costs,  charges,  and  expenses  of  the  next  friend 
properly  incurred  before  suit  with  reference  to  the  insti- 
tution thereof  to  be  paid  out  of  a  fund  in  Court  recovered 
in  the  suit. 

The  Court  may  provide  for  the  next  friend's  costs  out  Tlie  next 
of  any    funds    under    its    control  in  the  suit,  but  it  will      ,"    ^'^ 

■J  '  no  hen  tor 

not  give  the  next  friend  a  charge  for  his  costs  on  an  costs  on  an 
estate  recovered  in  the  suit ;  see  Bonser  v.  Bradshaw,  9  recovered 
W.  R.  229  ;  7  Jur.  N.  S.  231 ;  30  L.  J.  Ch.  159,  where  the  i"  t^^^  suit. 
defendants,  who  had  been  ordered  to  j)ay  the  costs,  had 
absconded,  and  the  purchase  monies  of  part  of  the  estate 
recovered  having  been  paid  into  Court  by  a  railway  com- 
pan}^,  the  Court  on  petition,  ordered  those  monies  to  be 
applied  jjro  tanio  in  payment  of  the  next  friend's  costs, 
but  declined  to  make  any  order  as  to  the  residue.  Semble 
the  Statute  23  &  24  Vict.  c.  127,  s.  28,  does  not  apply  to 
the  costs  of  a  next  friend,  so  as  to  give  him  any  charge 
on  the  estate  or  funds  recovered  (ibid.)  ;  and  the  Court 
will  not  hear  an  application  by  the  next  friend's  solici- 
tor to  charge  the  estate  with  his  costs,  unless  it  is  sub- 
stantially opposed  on  behalf  of  the  infant  (S.  C.  10  W.  R. 
481).  But  the  solicitor's  application  was  ultimately 
granted  after  the  plaintiff  came  of  age  (S.  C.  4  Giff.  260). 
And  in  Pritchard  v.  Roberts,  17  Eq.  222,  the  costs  of  pro- 
ceedings under  the  Declaration  of  Titles  Act  on  behalf  of 
an  infant,  together  with  the  costs  of  a  partition  suit,  and 
a  suit  to  obtain  a  declaration  of  lien,  were  held  to  be  costs 

A  A 


C54  CObTS   AFFECTING   PARTICULAR   PERSONS. 

for  which  the  solicitor  had  a  lien  on  the  funds  recovered  ; 
and  sec  also  Baile  v.  Baile,  13  Eq.  497,  'post,  Ch.  IX.  sect.  iv. 
Costa  The  Court   will,  before  judgment,  direct    an   enquiry 

suit  is        whether  the    suit   is   for   tlie   infant's   benefit,  or   if  so, 
found  not    whether  the  next  friend  is  a  proper  person  to  conduct  it, 
tlie  in-        on  motion  either  of  one  of  the  defendants  [Fox  v.  Siiwer- 
I'l^tit        ^''^'O'l^j  1  Beav.  583),  or  the  infant  himself  by  another  next 
friend  for  the  purpose  of  the  application  {Guy  v.  Guy, 
2  Beav.  460)  ;    and  if  the  suit  appears  to  have  been  im- 
properly instituted,  it  will  be  dismissed  with  costs  against 
tlie  next  friend  {ibid. ;    Thomas  v.  Elsom,  \V.  N.  (1H77), 
]77);   or  some  other  person  may  be  appointed  as  next 
fri(!nd  {Clayton  v.  Clarke,  2  Giff.  57')).     In  a  clear  case 
the  suit  may  be  at  once  dismissed  with  costs  without  a 
reference  {Sale  v.  >SV(/^,  1  Beav.  586).     But  the  Court  will 
not  direct  a  reference  upon  the  application  of  the  next 
friend   himself  to   see   whether   the  suit  which    he    has 
instituted    is  for   the  infant's  benefit   {Jones   v.  Fowell, 
2  Mer.  141).     And  it  is  irregular  to  add  such  an  enquiry 
to  a  decree  for  accounts  {Clayton  v.  Clarke,  9  W.  R.  718, 
overruling  S.  C.  2  Giff.  575).     See  further  as  to  a  next 
friend's  liability  to  costs  Palmer  v.   Walcshy,  3  Ch.  732, 
where  a  next  friend  filed  a  bill  on  behalf  of  a  supposed 
lunatic  and  was  ordered  to  pay  all  the  costs. 
\Yherc  the       I'l^c  Court  considers  it  to  be  primd  facie  for  an  infant's 
next  friend  jjencfit  to  be  made  a  ward  of  Court,  and  have  his  property 
allowed       administered  and  secured  {Clayton  v.  Clarke) ;  the  ques- 
costs,  or      ^-       -whether  the  suit  is  for  his   benefit,  therefore,  Avill 

the  eon-  '  _    _     ' 

trary.  uot  depend  upon  the  result  of  the  accounts  {ibid;  but 
see  Anderton  v.  Yates,  and  Mackenzie  v.  Taylor,  cited 
below).  The  question  is  whether  the  suit  was  instituted 
with  a  fair  intention,  and  not  to  answer  some  purpose  of 
spleen,  or  other  improper  purpose  on  the  part  of  the  next 
friend  {Whittaker  v.  Maria r,  1  Cox,  285).  In  the  case 
last  cited  it  w^as  said  that  '  no  degree  of  mistake  or  mis- 
apprehension is  sufficient  to  charge  a  next  friend  with 
costs;'  but  see  Pearce  v,  Pearce,  9  Ves.  548,  where  the 


COSTS   OF   INFANTS,    ETC.  355 

next  friend,  having  filed  his  l)ill  without  sufficient  in- 
formation of  the  facts  dismissed  it  with  costs,  and  Lord 
Eldon  reserved  the  question  of  costs  as  between  the  next 
friend  and  tlie  infant ;  and  see  also  Cdley  v.  Caley,  25  W. 
R.  528 ;  W.  N.  (1877),  89 ;  and  Strajford  v.  Warren, 
23  S.  J.  740,  which  show  that  a  next  friend  will  certainly 
be  made  to  pay  the  costs  in  a  proper  case,  and  where  the 
suit  ought  never  to  have  been  instituted.  In  Clayton  v. 
Clarke,  9  W.  R.  718,  it  appearing  that  the  bill  was  filed 
from  motives  chiefly  personal  to  the  next  friend,  the 
Court  gave  him  no  costs  up  to  the  hearing,  but  allowed 
him  the  subsequent  costs,  except  those  of  an  unsuccessful 
motion  to  vary  the  certificate.  In  Walher  v.  ^7^^,  7  Sim. 
234,  where  the  next  friend  was  of  immoral  character  and 
in  low  circumstances,  and  had  filed  the  bill  to  spite  the 
mother  of  the  infant,  from  whose  service  he  had  been  dis- 
missed, the  bill  was  ordered  to  be  taken  off  the  file,  with 
costs  against  the  next  friend.  Again,  in  Anderton  v. 
Yates,  5  De  G.  &  S.  202,  a  bill  was  filed  in  the  name  of 
infants  against  the  testator's  widow  (the  stepmother  of 
the  plaintiffs)  and  her  co-executor,  against  whom  (un- 
proven)  injurious  imputations  were  made ;  the  Master 
having  approved  of  the  widow  and  her  co-executor  as 
guardians,  and  the  application  of  the  whole  income  for 
maintenance,  and  in  fact  left  things  as  they  were  before 
suit,  the  Court  made  the  next  friend  pay  all  the  costs, 
and  stayed  further  proceedings.  Where  a  bill  was  filed 
on  behalf  of  infants  entitled  to  one  moiety  of  a  residue 
for  an  account,  and  the  suit  was  opposed  by  adults  entitled 
to  the  other  moiety,  as  unnecessary,  the  Court  gave  the 
costs,  including  apparently  those  of  the  next  friend,  out  of 
the  plaintiff's  moiety,  though  the  accounts  proved  correct 
{Mackenzie  v.  Taylor,  7  Beav.  467).  Where  the  next 
friend  was  removed  on  the  application  of  the  father,  but 
had  done  nothing  wrong  in  instituting  the  suit,  the  costs 
both  in  the  Court  of  Appeal,  and  in  the  Court  below  were 
made  costs  in  the  action  {Woolf  v.  Pemberton,  6  Ch,  D. 

A  A  2 


356 


COSTS   AFFECTING   PARTICULAR   PERSONS. 


^VIlere  two 
or  more 
suits  arc 
instituted 
coneur- 
roiitly  in 
the  name 
of  an 
infant. 


19  ;  2.5  W.  R.  873).  The  next  friend  uf  an  iufont  was 
disallowed  the  costs  of  an  ajjpeal  as  unnecessary  {Camp- 
hell  V.  Camphell,  2  My.  &  C.  25) ;  and  so  of  an  unnecessary'- 
suit  {Ellis  V.  Ellis,  1  Russ.  368).  But  the  Court  refused, 
in  Smalhuood  v.  Rutter,  9  Ha.  24,  either  to  dismiss  or 
refer  an  infant  legatee's  bill  on  the  mere  ground  that  the 
case  might  have  been  raised  by  claim,  or  the  fund  might 
have  been  paid  in  under  the  Trustee  Relief  Act ;  the 
propriety  of  any  expenses  being  matter  for  consideration 
■when  the  costs  are  disposed  of.  Where  at  the  hearing 
costs  are  ordered  to  be  paid  by  a  next  friend,. without 
any  reservation  of  the  question  who  is  to  bear  them 
ultimately,  the  order  is  final  against  him  personally  {CaUy 
V.  Caley,  25  W.  R.  528). 

If  two  or  more  suits  are  instituted  in  the  name  of  an 
infant,  an  enquiry  will  be  directed  which  suit  it  is  most 
for  the  infant's  benefit  to  have  prosecuted,  and  proceedings 
in  the  other  or  others  will  be  stayed  (Mitf.  PI.  27,  and  the 
cases  there  cited).  The  reference  may  be  obtained  on  the 
more  allegation  that  the  suits  arc  for  the  same  purpose  ; 
it  being  at  the  risk  of  the  party  moving,  in  case  the 
allegation  should  prove  untrue,  to  have  the  order  dis- 
charged with  costs  {Sullivan  v.  ^SuUivan,  2  Mer.  40). 
But  the  choice  of  one  suit  does  not  imply  that  the  other 
suit  was  improper  {Crouiher  v.  Flood,  5  L.J.  Ch.  352 ; 
Starten  v.  Bartholomeiv,  6  Beav.  143).  In  the  former  case, 
the  next  friend  in  the  first  suit,  proceedings  in  which  were 
stayed,  was  allowed  his  costs  out  of  the  funds  in  the  second 
suit,  in  which  a  decree  had  been  made.  In  the  latter  case, 
the  first  bill  was  dismissed  without  costs,  because  the  next 
friend  was  a  mere  nominee  of  the  solicitor,  whose  proceed- 
ings were  in  other  respects  also  not  strictly  regular,  and  the 
costs  of  the  defendants  only  were  made  costs  in  the  second 
suit.*  It  is  not  usual,  however,  to  direct  a  reference  after 
a  decree  has  been  made  in  one  of  the  suits  {Taylor  v. 

*  This  caso  also  shows  that  the  bill  in  one  snit  could  be  dismissed  at 
once,  which  was  doubted  in  Morlimer  v.   JVcst,  1  Swans.  358. 


COSTS   OF   I^•FA^'TS,    ETC.  357 

Oldham,  Jac.  527) ;  and  after  one  cause  is  in  the  paj^er  it  is 
not  of  course  to  do  so  {Rundle  v.  Bundle,  11  Beav.  :33). 

The  next  friend  will  not  bo  entitled  to  the  costs  of  any  Costs  after 

the  intaut 

proceedings  in  the  cause  taken  after  the  infant  has  come  has  coiuc 
of  age.  An  infant,  sole  plaintiff,  on  coming  of  age,  may  °  ^°'^' 
elect  either  to  proceed  with  or  discontinue  the  suit.  If  he 
adopts  the  suit,  he  becomes  liable  to  the  costs  of  it  from 
the  commencement  (Mitf.  PI.  26).  If,  on  the  other  hand, 
he  repudiates  the  suit,  or  even,  it  would  seem,  takes  no 
steps  in  prosecuting  it,  he  does  not  become  liable  for  any 
part  of  the  costs,  but  the  defendant  must  recover  them 
from  the  next  friend  {Turner  v.  Turner,  2  Stra.  708; 
2  Eq.  Ca.  Ab.  228,  reversing  S.  C.  2  P.  W.  297).  It 
follows  that  if  the  next  friend  is  dead  when  the  plaintiff 
comes  of  age,  and  no  new  next  friend  has  been  appointed, 
the  defendant  will  not  be  able  to  recover  the  costs  of  a 
suit,  which  the  plaintiff  has  repudiated,  at  all  {Turner  v. 
Turner;  and  see  Morgan  v.  Crompton,  Bunb.  332).* 
As  between  the  next  friend  and  the  plaintiff,  however, 
the  latter  will,  if  the  suit  was  properly  instituted  on  his 
behalf,  be  liable  for  the  costs  of  it,  together  with  the  extra 
costs  of  the  next  friend,  although  he  elects  to  discontinue 
it  {Anon.  4  Mad.  461+  ;  Broiun  v.  Weatherhead,  4  Ha. 
122;  and  see  Dunn  v.  Dunn,  3  Drew.  17,  19).  But  the 
plaintiff,  it  would  seem,  cannot  himself  move,  on  coming 
of  age,  to  have  the  suit  dismissed  with  costs  against  the 
next  friend  {Anon.  4  Mad.  461).     The  next  friend  has  no 

*  Where  the  next  friend  of  an  infant  plaintiff  dies,  his  nearest  paternal 
relations  are  entitled  to  nominate  the  new  ne.xt  friend  (Talbot  v.  Talbot, 
17  E(|.  347  ;  and  see  JFoolf  v.  Pembrrton,  6  Ch.  D.  19  ;  25  W.  R.  873). 
As  to  the  practice  where  the  next  friend  of  a  married  woman  dies,  see  2wst, 
sect.  viii. 

f  This  case  appears  to  have  lieen  misnuderstood.  It  was  a  rpiestion  ap- 
parently between  the  next  friend  and  the  late  infant,  and  not  between  the 
late  infant  and  the  defendants.  In  fact  the  bill  may,  for  anything  that 
appears  in  the  report,  have  been  dismissed  with  costs  against  the  next 
friend,  the  infant  undertaking  to  pay  them.  It  may  also  be  observed  that 
the  plaintiff,  by  moving  in  the  suit,  may  be  said  to  some  extent  to  have 
adopted  it  ;  and  see  Bcamcs,  111  u.  (15). 


358 


COSTS   Al-TE'TLNG    rAUTICULAll   PERSON'S. 


Where  an 
infant  co- 
plaintiff 
comes  of 
a;ie. 


The  next 
frieml  re- 
mains 
liable 
under  an 
order  for 
paj'nient 
of  costs 
made 
during  tlie 
plaintiff's 
infancy. 

The  next 
friend  of 
an  infant 
does  not 
give  secu- 
rity f  jr 


lien  for  his  costs  on  deeds  left  in  Court  for  discovery 
{Dunn  V.  Dunn.) 

The  name  of  an  infant  co-plaintiff  coming  of  age  m;iy 
be  struck  out  on  his  own  application,  either  before  decree 
{Acre><  V.  Little,  7  Sim.  138;  Guy  v.  Guy,  2  Beav.  461) ; 
or  after  decree  (Bkhiell  v.  BickneU,  32  Beav.  379).  In 
Guy  V.  Guy,  the  next  friend  was  ordered,  under  the 
circumstances,  to  pay  the  costs  of  the  application  ;  but  in 
Bicknell  v.  Buknell,  no  costs  of  the  application  were 
given,  and  the  next  friend's  costs  were  made  costs  in  the 
cause.  A  married  woman  who  has  been  made  co-plaintiff 
to  a  suit  when  an  infant,  may,  on  coming  of  age,  have  her 
name  struck  out ;  but  it  seems  she  should  first  be  examined 
apart  from  her  husband  {Cooke  v.  Fryer,  4  Beav.  14).  But 
the  petition  of  a  co-plaintiff,  coming  of  age,  to  be  let  into 
possession  of  her  undivided  share,  or  to  be  indemnified 
against  future  co.sts,  alleging  that  the  objects  of  the  suit, 
so  far  as  concerned  her  interest,  were  satisfied,  was  dis- 
missed with  costs  [Smith  v.  Lyster,  4  Beav.  227).  Wlicrc 
one  of  two  infant  co-plaintiffs  has  come  of  age,  and 
adopted  the  suit,  the  next  friend  has,  of  course,  no  longer 
the  exclusive  control  of  it ;  see  Brovjn  v.  Brown,  11  Beav. 
.562,  where  an  order  of  course  to  change  solicitors  obtained 
on  the  application  of  the  next  friend  alone  was  discharged 
with  costs. 

The  next  friend  also  remains  liable  for  all  costs,  for  the 
payment  of  which  an  order  has  been  made  during  the 
plaintiff's  infancy ;  see  Frizell  v.  Ilochjens,  2  Moll.  4.56, 
where  a  decree  was  made  for  payment  of  costs  to  the 
defendant,  who  did  not  apply  for  them  until  four  years 
and  a  half  afterwards,  during  which  time  the  plaintiff  had 
coj^ie  of  age,  and  got  the  funds  in  the  suit  out  of  court, 
ar  \  the  next  friend  was  held  liable. 

The  next  friend  of  a  married  woman  may  be  required 
to  give  security  for  costs  on  account  of  his  poverty,  but 
not  the  next  friend  uf  an  infant  (see  ante,  p.  11,  seq.). 
It  is  an  unsettled  point  whether  the  next  friend  of  an 


COSTS    OF    INFANTS,    ETC.  359 


infant  can  sue  in  formd  pauperis.     On  the  one  hand,  costs  on 
there  is  a  dictum  in  an  anonymous  case  (1  Ves.  Junr,  v,o^°Jrty. 
409)   that  he   cannot  do  so  ;  and  Sir  J.  Eomill}^  Isl.  R.,  Qu.  whe- 
expressed  the  same  opinion  (Lind^cu  v.  Turrell,  24  Beav.  *^^^' ^"^ 
124).     On  the  other  hand.  Lord  Cranworth,  C,  doubted  infomut 
whether  it  might  not  be  allowed  on  a  special  applica- ^''"'*^'^"^' 
tion  (S.  C.  on  appeal,  2  De  G.  &  J.  7).     But  it  is  quite 
clear  that  an  order  of  course  for  the  purpose  obtained  on 
the  common  affidavit  of  the  infant's  ]30verty  is  irregular 
{Ihid.). 

A  next  friend  cannot  withdraw  from  the  suit  without  ^^^^i<^^°*^^^° 

..  i'f>)i  r-i  T^^y-t  friend 

an  enquiry  whether  it  is  for  the  infant  s  benefit  that  a  is  changed. 
new  next  friend  should  be  substituted  (Melling  v.  Melling, 
4  Mad.  2G1).  But  he  will  in  general  be  permitted  to 
retire  upon  giving  security  for  the  costs  already  incurred 
(see  ante,  p.  18).  The  new  next  friend  will,  however, 
become  responsible  to  the  defendants  for  the  costs  from 
the  commencement  of  the  suit.  In  Lander  v.  Ingersoll, 
4  Ha.  596,  a  solicitor,  who  had  been  employed  by  the 
infant's  mother  to  prosecute  the  suit,  but  was  afterwards 
discharged  by  her,  having,  on  the  death  of  the  next  friend, 
named  another  one,  and  amended  the  bill  accordingly,  the 
Court  removed  the  new  next  friend  on  payment  of  his 
costs  by  the  mother,  without  prejudice  to  the  question  by 
whom  they  should  ultimately  be  borne,  and  made  the  soli- 
citor pay  the  costs  of  the  application  and  of  appointing  a 
new  next  friend.  On  the  substitution  of  one  next  friend 
for  another,  the  costs  were  ordered  to  be  paid  out  of  the 
estate,  without  prejudice  to  any  application  by  the  infant 
plaintiff  for  reimbursing  her  estate  those  costs  {Taylor  v. 
Oldham,  Jac.  529).  And  see  Woolfv.  Pemherton,  6  Ch.  D. 
19 ;  25  W.  R  873. 

In  Elsey  v.  Cox,  2G  Beav.  95,  which  was  a  suit  by  the  Costs  of 
assignees  of  a  bankrupt  to  set  aside  a  post-nuptial  settle-  "'^'"'*'|* '"^"^ 
ment  on  his  wife  and  infant  child.  Sir  J.  Romilly,  M.  R.  ants. 
held  that  the  Court  could  not  do  mure  for  the  infant  than 
not  Older  him  to  pay  costs.     But  in  Goldt^mUh  v.  Ixusscll, 


360  COSTS   AFFFX'TING    PARTLCrLAR    PERSONS. 

5  De  G.  M.  &  G.  ooG,  which  was  a  similar  suit,  the  costs 
of  all  parties  except  the  settlor  were  allowed  out  of  the 
settlement  funds  ;  and  in  Short  v.  Eidge,  W.  N.  (187(3), 
47,  an  infant  defendant  had  his  costs  from  the  plaintiff, 
though  the  decree  was  without  costs  as  regarded  the  adult 
defendant.  The  costs  of  the  unsuccessful  defence  of  an 
infant  in  a  suit  to  recover  a  sum  of  money  under  the  limi- 
tations of  a  settlement,  were  charged  not  upon  the  general 
fund,  but  upon  the  infant's  own  share  {Edvl  of  Orford  v. 
Churchill,  3  V.  &  B.  59).  So  in  a  suit  for  executing  the 
trusts  of  real  estates  settled  on  infants,  the  Court  lias  juris- 
diction to  order  the  sale  of  the  infants'  share  for  payment 
of  their  costs  [ante,  p.  177).  As  to  the  costs  of  a  suit  for 
specific  performance  against  tlie  infant  heir  or  devisee  of  a 
deceased  vendor  (see  ante,  p.  201,  i^cq.).  The  costs  of 
settling  a  conveyance  in  Chambers  on  behalf  of  an  infant 
come  out  of  the  estate  {Broivn  v.  Lake,  15  L.  J.  Ch.  ;U). 
Where  an  infant  was  defendant  to  a  foreclosure  suit  and 
the  property  was  not  worth  the  amount  advanced  on  it,  an 
order  was  made  for  foreclosure  absolute  in  the  first  in- 
stance, on  payment  by  the  plaintiff  of  the  infant's  costs 
{Croxen  v.  Lever,  12  W.  R.  2:37;  10  Jur.  N.  S.  87; 
Bennett  v.  Harfoot,  W.  N.  (1871),  -1;  I!)  W.  R.  428; 
24  L.  T.  8(i). 
.\n  infant  An  infant  in  the  .same  interest  with  the  plaintiffs  ought 
should  he    ^     ^     j^^    I     ^  co-plaintiff;  and  successful   plaintiffs  were 

made  CO-  .  , 

piuintiir.     not  allowed  to  recover  with  their  own  the  costs  of  an 
infant  made  defendant  {Hoskhg  v.  KichoUt^,  1  Y.  &  C.  C.  C. 
478). 
Costs  of  an      An   infant  defendant  in  contempt  for  not   answering 
infant  dc-   p.^^j    qq    costs ;    the    plaintiff    paid    the    costs    of    the 
contempt,    messenger  in    that    case   (Perl-in.H  v.    Hamond,   1  Dick. 
287).     But  a  fraudulent  infant  may  be  ordered  to  pay  the 
costs  of  a  suit   {Chuhh   v.   Grl(nths,  35  Beav.   127);  and 
where  an  infant  sued  without  a  next  friend,  concealing  the 
fact  of  his  infanc}^  and  was  taken  in  execution  for  non- 
payment of  the  costs  of  the  suit,  the  Court  refused  to 


COSTS    OF    MARRIED    WOMEN,    ETC.  3C1 

discharge  him   {Finlcy  v.   JvKle,  13  East,   6,  and  cases 
cited  in  note). 

As  to  the  costs  of  a  guardian   ((d  litem  to  an   infant  Costs  of 
defendant,  appointed  at  the  instance  of  the  pLaintiff,  see  gnaniLi/ 
ante,  sect.  v.  "'^  ^'■'^'"• 

As  to.  the  costs  of  infant  trustees,  under  tlie  Trustee  Costs  of 
Relief  Act,  see  ante,  Ch.  V.,  sect,  iii.;  and  nnder  the  Trustee  trustees. 
Acts,  1850,  1852,  see  ante,  Ch.  V.,  sect.  iv. 


Sect.   VIII. — Costs  of  Married   Woman  and  her  Next 
Friend;  and.  as  betivccn  Husband  and  Wife. 

By  R.  S.  C.  Ord.  XVI.  r.  8,  married  women  may,   by  Where 
hjave  of  the  Court  or  a  judge,  sue  or  defend  without  their  ^,^^^!^^ 
husbands,    and    without   a   next    friend,   on   giving    such  sues  aloae. 
security  (if  any)  for  costs  as  the  Court  or  a  judge  may 
rc(|nire.     Under  this   rule  the  judge  has  complete   and 
unfettered  discretion  to  allow  a  married  woman  to  sue 
alone  or  by   a  next  friend,  and    either  with   or  without 
giving    security    {Martano   v.    Mann,    14    Ch.   D.    419  ;'"^Ax.3.^-tMx^i/e^WA, 
49  L.  J.  Ch.  510;  42  L.  T.  890;  Kingsmany.  Kingsman^^'^'^''^^^^- 
(C.  A,),  G  Q.  B.  D.  122).     A  married  woman    in    receipt 
of  a  separate  income  of  £1,500  a  year  was  allowed  to 
defend  separately  without  giving  security  [Koel  v.  Xoel, 
18  Ch.  D.  510  ;  28  W.  R.  720 ;  42  L.  T.  852).    The  appli- 
cation for  leave  to  sue  alone  need  not  necessarily  be  made 
before  the  action  is  commenced ;  and  where  the  plaintiff 
begins  the  action  alone  and  the  defendant  then  applies 
that  the  action  may  be  stopped  until  the  plaintiff  adds  a 
next  friend  or  gives  security  for  costs,  and  his  application 
is  refused,  this  is  tantamount  to  giving  leave  to  sue  alone 
(Kingsman  v.  Kingsnian). 

It  is  not  easy  to  say  Avhat  is  the  precise  liability  of  a  LiaMlity 
married  woman  in  respect  of  costs.  In  an  action  in  the  luarried 
Probate  Division  an  order  may,  it  seems,  be  made  on  her  wojnan  to 

costs  : 

personally  for  payment  of  costs  {Morris  v,  Freeman,  8  P.  D,  at  ia\v ; 


362  COSTS   AFFECTING    PARTICULAR    PERSONS. 

65  ;  47  L.  J.  P.  D.  &  A.  79  ;  27  W.  R.  62 ;  39  L.  T.  125  ; 

and  see  under  the  Divorce  Act,  Miller  v.  Miller,  L.  Pw, 
2  P.  &  D.  13  ;  Ifilne  v.  Milve,  ibid.  202 ;  M.  v.  C. 
ibid.,  414) ;  and  this  appears  to  have  been  a  regular 
practice  in  the  Common  Law  Courts  before  the  Judicature 
Act ;  see  Keviun  and  wife  v.  Boodle,  4  C.  B.  359  ;  Morria 
V,  Freeman,  and  cases  there  cited.  It  is  presumed  that  the 
Queen's  Bench  Division  will  follow  the  old  Common  Law 
practice  in  this  respect ;  and  Haunen,  J.,  in  Morris  v.  Free- 
man, expressed  an  opinion  that  since  the  Judicature  Act  the 
judges  of  the  Chancery  Division  can  also  condemn  a 
married  Avoman  in  costs,  if  on  general  principles  of  justice 
it  should  appear  right  to  do  so.  In  the  Comnion  Law 
Courts  no  distinction  seems  to  have  been  made  between 
married  women  with  separate  estate  and  married  women 
without,  so  far  at  least  as  ordering  them  to  pay  costs  was 
concerned.  The  practical  difference  was  that  if  the  woman 
had  no  property  the  order  coukl  not  be  enforced, 
ill  ciiuitv.  There  seems  no  reason  why  a  married  woman  should 
not  be  equally  liable  to  costs  in  actions  in  the  Chancery 
Division  ;  but  in  Eqidty  the  practice  has  been  merely  to 
charge  the  costs  on  her  separate  estate  without  making  her 
personally  liable  (Morrcllx.  Cowan,  6  Ch.  D.  166  ;  25  W.  R. 
808 ;  37  L.  T.  1 22,  reversed  on '  other  grounds,  7  Ch.  D. 
151  ;  47  L.  J.  Ch.  173;  26  W.  R.  90;  37  L.  T.  586; 
Mellennj  v.    Daviex,    10  Eq.  88;   Colleit   v.  Dickenson, 

11  Ch.D.  687;  40  L.  T.  394);  and  see  Besant  v.  Wood, 

12  Ch.  D.  605,  where  the  Master  of  the  Rolls  said  :  "I  am 
by  no  means  prepared  to  say  I  cannot  make  a  married 
woman  pay  the  costs ;  I  can  make  her  separate  property 
liable  for  the  payment."  In  Collett  v.  Dielienson,  the 
costs  were  declared  a  charge  upon  an  annuity  payable  to 
the  wife  under  a  separation  deed,  but  without  prejudice 
to  any  claim  of  tlie  trustee  of  the  deed  ;  the  costs  of  the 
husband  (who  had  been  added  as  a  defendant)  were 
ordered  to  be  paid  by  the  i)laintitf,  and  added  to  his  own. 
Jn  another  case,  Fcjnbertojt  v.  M'Gill,  1  Jur.  N.  S.  1045, 


COST;S    OF   MAUUIED    WOMEN,    ETC.  363 

liberty  was  reserved  to  the  plaintiff  to  apply  for  payment 
of  costs  ordered  to  be  paid  b}^  a  married  woman,  in  case  of 
any  moneys  becoming  payable  to  her  separate  use. 

By  s.  11  of  the  Married  Women's  Property  Act,  1870,  Mamed 
33  &  3-1  Vict,  c.  93,  a  married  woman  may  sue  in  her  own  property 
name  for  her  statutory  separate  property,  and  she  has  the  ^f^!'*'' ^^'^^» 
same  remedies  for  the  protection  of  such  property  as  if  she 
were  an  unmarried  woman.  By  s.  3  of  the  Married 
Women's  Property  Act  Amendment  Act,  1874,  37  &  38 
Vict,  c.  .50,  the  husband  is  entitled  to  judgment  for  his 
costs  of  defence  if,  when  sued  for  his  wife's  ante-nuptial 
debts,  it  is  not  found  that  he  is  liable  ;  and  costs  paid  to 
the  husband  under  this  section  may  be  recovered  against 
the  wife's  separate  estate,  notwithstanding  a  restraint  on 
anticipation  {London  and  Provincial  Bank  v.  Bogle, 
7  Ch.  D,  773 ;  47  L.  J.  Ch.  307  ;  26  W.  R.  573 ;  37  L.  T. 
780).  By  20  &  21  Vict,  c,  8.5,  s.  26,  a  wife  judicially 
separated  from  her  husband  is  considered  a  feme  sole  for 
purposes  of  contract  and  suing,  and  her  husband  is  not 
to  be  liable  for  any  costs  she  may  incur  as  plaintiff  or 
defendant. 

Notwithstanding  the  Judicature  Acts,  however,  the  rule  Where 
in  Equity  still  is  that  a  niarried  woman  suinor  to  recover  ™''^''"^'^*^ 


vomaii 


separate  estate  ought  in  general  to  sue  by  a  next  friend,  sues  by  a 
making  her  husband  a  defendant ;  and  if  she  make  him  a  fnciia. 
co-plaintiff,  she  may  lose  a  part  of  her  costs  (Roberts  v. 
Evans,  7   Ch.  D.  830  ;  47  L.   Ch.  469  ;  26  W.  R.  280  ; 
38  L.  T,  99). 

An  action  cannot  be  brought  in  the  name  of  a  married 
woman  by  her  next  friend  without  her  consent  {Andrews  v. 
Cradoch,  Prec.  Ch.  376  ;  1  Eq.  Ca.  Ab.  72 ;  Cooke  v.  Fnjer, 
4  Beav.  14;  and  see  1  8.  &  S.  265),  and  she  may  disavow 
the  suit  at  any  time  (Sayer  on  Costs,  84  ;  Beames,  103). 
The  objection  that  the  next  friend  has  no  authority  to 
sue  may  be  takL-n  by  the  defendant  {Schjott  v.  Sohjott, 
19  Cli.  D.  94,  where  the  action  was  dismissed  with 
costs   to    be    paiil  by  thu   solicitors  uf   the    next  i'riend)> 


36-1  COSTS   AFFECTING    PARTICULAR    PERSONS. 

Where  u  married  woman  sues  by  a  next  friend  lie  is 
directly  liable  to  the  defendants  for  the  costs,  but  the 
married  woman  is  also  liable  to  the  extent  of  her  separate 
estate,  where  her  separate  estate  is  the  subject  matter  of 
the  suit  {Baiiee  v.  Barlee,  1  S.  &  S.  100;  Hogan  v. 
Morgan,  1  Hog.  250).  If  the  plaintiff  is  restrained  from 
anticipation,  the  costs  cannot  be  charged  on  future  income, 
but  may  be  paid  out  of  arrears  (Moore  v.  Moore,  1  Coll. 
54).  In  a  partition  suit  the  Court  has  charged  the  costs 
of  a  married  woman  upon  her  share,  notwithstanding  the 
restraint  upon  aniicipat'ioix  [Fli'inivgv.  Armdrong,  5  N.  R. 
181 ;  11  L.  T.  470).  In  D'Oechsner  v.  Scott,  24  Beav. 
239,  the  fund  was  settled  without  power  of  anticipation, 
but  the  trustees,  who  were  defendants,  and  against  whom 
the  bill  had  been  dismissed,  were  allowed  their  costs  out 
of  the  income  under  the  power  of  reimbursement  in  the 
settlement.  Where  a  married  Moman,  pending  a  suit  for 
nullity  of  marriage,  filed  a  bill  against  her  husband  without 
a  next  friend,  and  obtained  an  injunction,  it  was  held  (the 
suit  for  nullity  having  been  dismissed)  that  neither  she 
nor  her  solicitor  could  be  made  to  pay  the  costs  of  the 
motion  to  dissolve  the  injunction  {Sealey  v.  Gadon, 
13  W.  R.  577). 
Unncccs,-  Where  a  next  friend  institutes  unnecessary  proceedings 
"T?r^'y,°      in  the  name  ofa  married  woman  without  her  consent  he  will 

ccouings. 

be  ordered  to  pay  the  costs  {Kenrieh  v.  Wood,  9  Eq.  333  ; 
Cooke  V.  Fryer,  4  Beav.  14;  Dav'ies  v.  Whitehead,  W.  N. 
(18fi()),  162 ;  in  re  Potter,  7  Eq.  484,  where  a  petition  by 
the  next  friend  of  an  infant  married  woman  was  dismissed 
with  costs).  Where  a  writ  was  issued  by  a  next  friend 
without  a  solicitor,  the  writ  and  all  subsequent  proceed- 
ings thereon  wera  set  aside  with  costs  against  the  next 
friend  (Sivaiin  v.  Sivann,  W.  N.  (1880),  191  ;  43  L.  T. 
530);  and  see  Schjott  v.  ScJijott,  19  Ch.  D,  94,  ante, 
p.  12.  By  15  &  16  A^ict.  c.  86,  s.  11,  the  next  friend  mui-t 
give  a  written  authority  before  his  name  can  be  used. 
The  next  friend  of  a  married  womaii  must  be  a  person 


COSTS   OF   MARRIED    WOMEN,    ETC.  365 

of  substance,  and  the  Court  will,  on  the  defendant's  appli-  Next 
cation,  and  evidence  of  the  next  friend's  j)overty,  order  carried 
the   next   friend  to  be  changed,  or  security  for  costs  to  woman,  if 

1  •  /  J  -1  -»  1       T  1  •       Tx    i'^  poverty, 

be   given   (see  ante,  p.   12,  and   the   cases  there  cited),  must  give 

Security  may  be  obtained,  altliouoh  a  married  woman  and  security  for 

''  •'  _  _     o  _  costs. 

infants  sue  by  the  same  next  friend  (Penningfon  v.  Alvin, 

1  S.  &  S.  265  ;  Drinaii  v.  Mann'ix,  3  Dr.  &  W.  1-54),  or 
the  husband  is  a  co-plaintiff,  if  he  is  a  formal  party  merely, 
and  a  bankrupt  (Smith  v.  Etches,  1  H  &  M.  5.58) ;  or  the 
next  friend  is  himself  a  co-plaintiff  (5«7(/it?/ v.  BrocLflhurst, 

2  W.  R  680). 

A  married  woman  may,  by  special  leave,  sue  in  formd  A  married 
2XLuperis,  without  a  next  friend  {Hind  v.  Whitmore,  2  K.  ^ay  sue 
&  J.  458,  and  the  cases  there  cited)  ;  but  poverty  must  be  in  forma 
distinctly  shown  (CahUcott  v.  Baker,  13  W.  R.  449).     Such  wHW  a 
leave  may  be  obtained  ex  parte  {Wellesleij  v.  Mornington,  T-^^ . 
2  W.  R.  514  ;  18  Jur.  552 ;  In  re  Lancaster,  2  W.  R.  337  ;  ''*'"' ' 
18  Jur.  229  ;  Be  Foster,  18  Beav.  525,  overruling  Page  v. 
Page,  1  W.  R.  262),  but  not  of  course  (see  the  cases  cited 
above  ;  notwithstanding  Coulsting  v.  Goulsting,  8  Beav. 
463).*     The  order  is  entitled  in  the  matter  of  the  appli- 
cant only  {Pii  re  Barnes,   10  W.  R.  464).     In  Ex  parte 
Hahewill,  3  De  G.  M.  &  G.  116,  a  married  woman  was 
allowed  to  present  a  petition  for  access  to  her  children, 
under  Stat.  2  &  3  Vict.  c.  54  (now  repealed,  see  36  &  37 
Vict.  c.  12),  in  forma  'pauperis,  and  without  paying  the 
£,\  stamp  required  by  the  orders  of  the  Court  (but,  as  to 
the  latter  point,  see  Parkinson  v.  Chambers,  3  W.  R.  34). 
In  the  same  case  the  order,  though  ohta'medex 2)arte,  was 
held  to  be  not  invalid  from  the  suppression  of  the  fact  that 
the  petitioner  had  near  relatives  in  good  circumstances, 
there  being  no  evidence  that  any  of  them  were  willino-  to 
act  as  her  next  friend.     A  married  woman  may  obtain 

*  A  liusbaud  and  wife  may  obtiiiii  au  order  of  course  to  defend  infurnid 
pauperis,  in  a  suit  respecting  the  wife's  reversionary  interest  in  laml,  and  a 
special  motion  was  refused,  but,  as  affidavits  liad  beeu  unnecessarily  died  in 
opposition,  without  costs.      {Pill  v.  I'ilt,  1  Sni.  &:  G.  ajip.  xiv. ) 


366  COSTS   AFFECTIKG   PAliTFCtJLAU   PEUSOKS. 

leave  to  appeal  in  forma  xtaupeTis,  though  slie  sued  Ly  a 
next  friend  below  {Crouch  v,  Walleri',  4  De  G.  &  J.  43). 
A  peeress  may  sue  in  forr)id iiauperis  (Wellesley  v.  Wel- 
lesley,   10  Sim.   1).      Some  technical  difficulty,  however, 
occurs  when  costs  become  payable  to  a  married  woman 
suing  in  forriid  pavpcris,  as  there  is  no  person  who  can 
give  a  receipt  for  them  (see  Wellesley  v.  Wellesley,  1  De 
G.  M.  &  G.  501,  Avhcre  the  Lords  Justices  made  an  order 
for  payment  of  costs  generally,  and  gave  liberty  to  apply 
in  casQ  of  any  difficulty).     Probably  the  costs  would  be 
paid  on  the  receipt  of  the  plaintiff's  solicitor.     And  see 
Att.  Gen.  v.  City  of  London,  8  Bro.  C.  C.  178,  where  the 
Court,  being  uncertain  whether  certain  defendants  could 
sue  as  a  corporation,  made  an   order  for  the  payment  of 
their  costs  to  their  agent. 
Wlin-o  tlic       If  the  next  friend  becomes  insolvent  in  the  course  of  the 
becomes"^  suit,  an  order  may  be  obtained  staying  pi'ocecdings  until 
insolvent     r^  j-j^^v  next  friend  is  appointed,  or  the  plaintiff  obtains  an 
course  of     order  to  sue  in  forma  pauperis  ( Wilton  v.  Hill,  2  De  G.  M. 
the  suit.      ^  Q  gQy^  where,  however,  the  former  next  friend  was  dis- 
charged, but  without  prejudice  to   her  liability  already 
incurred).     In  D'Oechsner  v.  Scott,  24  Beav.  239,  which 
was  a  suit  to  charge  the  trustees  of  the  plaintiff's  settle- 
ment with  a  breach  of  trust,  the  bill  was  dismissed  with 
costs,  and  the  next  friend  having  taken  the  benefit  of  the 
Insolvent  Act  after  taxation,  the   (,*ourt  gave  the  defen- 
dants, the  trustees,  their  costs  out  of  a  balance  in  tlic 
hands  of  the  receiver  belonging  to  the  plaintiff,  and  then 
made  an  order  similar  to  that  made  in  Wilton  v.  Hill. 
Wlicrc  tlic       If  the  next  friend  is  changed,  the  former  next  friend 
iiext  friend  Ynust  ffive  sccuritv  for  the  costs  already  incurred  ;  as  to 

IS  changed.  °  "^  .  ,         .      " 

which,  and  the  proper  security  to  be  given,  see  ante,  p.  13. 
Where  the  Where  the  next  friend  of  a  married  woman  has  died, 
next  friend  ^j^^  proper  Order  is  that  she  appoint  a  new  next  friend 
within  a  limited  time,  or  in  default  the  suit  be  dismissed 
{Barlee  v.  Barlce,  1  S.  &  S.  100).  In  the  case  cited,  the 
Court  further  directed,  that  in  event  of  the  bill  being 


COSTS    OF   MAURIED    WOMEN,    ETC.  367 

dismissed,  the  costs  of  the  defendants,  who  were  the  plain- 
tiff"'s  trustees,  as  between  solicitor  and  client,  should  be 
paid  out  of  a  balance  in  court  belonging  to  the  plaintiff 
for  her  separate  use,  and  that  the  residue  of  the  fund 
should  be  paid  to  the  plaintiff. 

If  a  married  woman  employ  a   solicitor  iu  proceedings  In  what 
relating  to  her  separate  property,  that  property  is  liable  ggparatr 
for  payment  of  the  bills  {Murray  v.  Barlee,  3  My.  &  K.  property  of 
209  ;  3  L.  J.  Ch.  184  :  4  Sim.  82) ;  and  may  be  charged  woman  is 
though  there  is  a  restraint  on  anticipation,  under  28  &  24  J.^-'''!^'^ 
Vict.  c.  127  (Ee  Keanc,  12  Eq.  115  ;  40  L.  J.  Ch.  G17).  solicitor's 
But  where  the  instructions,  though  in  writing,  related  to  J^^^^." 
suits  on  behalf  of  the  children   of  the  married  w^oman, 
whose  husband  was  a  lunatic,  in  which  suits  the  mother 
had  no  interest,  and  to  which  she  was  not  a  party,  it  was 
held  that  her  separate  estate  was  not  liable  for  the  costs 
(Re  Piigli,   17  Beav.    336).      And   see,  generally,  as    to 
charging  the  separate  estate  of  a  married  woman,  Vaughan 
V.  Vanderntegen,  2  Drew.  165;  Johnsnn  v.  Ga/higlicr,  o 
Do  G.  F.  &  J.  404  ;  30  L.  J.  Ch.  298  ;  7  Jur.  N.  S.  273  ; 
9  W.  Pt.  506;  Pike  v.  Fitzglhhon,  17  Ch.  D.  454;  and  1 
W.  &  T.  L.  C,  p.  539,  et  seq.     The  mere  fact  of  business 
having  been  done  relating  to  the  separate  property  of  a 
married  woman  vested  in  trustees  is  not  sufficient  to  make 
that  property  directly  liable  to  the  solicitor  {Callow  v. 
Iloivle,  1  De  G,  &  S.  531)  ;  though  it  may  be  so  indirectly 
through  the  trustee's  right  of  reimbursement  {Worra.ll  v. 
Harford,  8  Ves.  4  ;  Turner  v.  Letts,  20  Beav.  185). 

In  Vanslttart  v.  Vansittart,  4  K.  &  J.  Q'2,  which  was  a  Costs  of 
suit  for  .specific  performance  of  an  agreement  for  separa-  >  l^^^'n" 
tion  between  husband  and  wife,  V.  C.  Wood  said  that  a  liusbaiul 
case  between  husband  and  wife  was  not  a  case  for  costs, ' 
and  allowed   a  demurrer  by  the  husband   without  costs. 
But  this  cannot  be  considered  the  rule  now,  and  in  Wal- 
rond  V.  Walrond,  Johns.   18,  the  Vice  Chancellor  seems 
to  have  altered  his  opinion,  and  allowed  a  demurrer  to 
a   similar    bill  with   costs  ;   and    see   the    observations    of 


868  COSTS   AFFECTING   PARTICULAR    PERSONS. 

L.  J.  Knight  Bruce,  in  Vansittart  v.  Vandttart,  on 
appeal,  2  De  G.  &  J.  249,  258  ;  and  Lampert  v.  Lampert, 
1  Ves.  Junr.  121,  where  costs  were  given  to  a  wife  against 
her  husband.  In  Pearse  v.  Pearse,  22  W.  R.  69  ;  29  L.  T. 
453,  a  wife  was  allowed  costs  of  exceptions  for  scandal  as 
between  solicitor  and  client ;  and  in  another  case  the  next 
friend  of  a  married  woman,  petitioner,  was  ordered  to  pay 
the  costs  occasioned  by  personal  charges  against  her  hus- 
band in  a  petition  under  the  Trustee  Act  {Re  Wills' 
Trusts,  3  N.  R  107;  12  W.  R  97;  and  see  Coyle  v. 
Cuming,  27  W.  R  529  ;  40  L.  T.  455).  In  a  suit  by  a 
married  woman  to  administer  the  estate  of  a  testator,  and 
enforce  her  e([uity  to  a  settlement  against  her  husband, 
who  was  a  bankrupt,  and  his  assignees,  the  husband  was 
allowed  costs,  though  a  debtor  to  the  estate  {RotherJiam  v. 
Battson,  2  Sm.  &  G.  app.  viii.) ;  and  in  Green  v.  Ofte,  2  L. 
J.  Oh.  (0.  S.)  123,  the  husband  was  allowed  costs  as  between 
solicitor  and  client.  In  a  suit  to  foreclose  a  mortgage  vested 
in  trustees  for  the  separate  use  of  a  married  woman,  the 
husband,  who  was  made  a  defendant,  was  held  entitled  to 
costs  out  of  the  fund  {Dillon  v.  M'CortIn/,  2  Ir.  Eq.  R.  192). 
.  The  costs  of  jDroceedings  justifiably  instituted  by  a  married 
woman  against  her  husband  for  a  divorce  or  a  judicial 
separation,  are  chargeable  against  the  husband  (Stocken  v. 
Pattrick,  29  L.  T.  507 ;  Ottaway  v.  Hamilton,  26  W.  R 
783 ;  38  L.  T.  925  ;  and  see  Ex  parte  Moore,  4  Notes  of 
Ca.  Supp.  i.). 
Where  Where  husband  and  wife  sue  as  co-plaintiffs,  the  suit  is 

liushaiul  ||)j3  husband's  only,  and  he  has  the  sole  control  over  it 
sue  as  CO-  {Hops  V.  Fox,  1  J.  &  H.  456);  and,  therefore,  he  is  solely 
piaintifts     \y^\^\Q  for  the  costs  on  the  one  hand  (Bradhv.ry  v.  Shaive, 

or  deieud  . 

jointly.  14  Jur.  1042)  ;  and,  on  the  other  hand,  if  costs  become 
payable,  they  are  ordered  to  be  paid  to  the  husband,  and 
his  receipt  alone  is  sufficient  (Set.  115).  So,  also,  where 
husband  and  wife  are  defendants,  and  defend  jointly 
(Orange  v.  PicJ^ford,  Set.  118);  and  although  the  costs 
become  payable  in  re.'^pect  of  the  dismissal  of  the  suit,  so 


COSTS   OF   MARRiED   WOMEN,    ETC.  3G9 

far  as  it  seeks  to  charge  the  separate  estate  of  the  wife 
{WrigJit  V.  Chard,  4  Drew.  702).  And,  therefore,  in  the 
case  last  cited,  it  was  held  that  a  set-ofF  arose  of  the  costs 
so  payable  against  other  payments  directed  to  be  made  by 
the  husband.  As  a  general  rule,  where  husband  imd  wife 
join  in  defending  in  respect  of  the  wife's  separate  property 
and  the  defence  is  successful,  the  action  will  be  dismissed 
against  them  both  with  costs  (Kevan  v.  Crawford,  Q  Ch. 
D.  29).     Upon  the  death  of  the  husband,  when  he  and  'Whei-e  the 

,  .         .  „  .  -,..,,,.,  •    1  ,     J 1  -1         husbaud 

his  Wife  are  suing  as  co-piaintins  m   lier  riglit,  the  widow  dies, 
may  elect  wdiether  to  continue  the  suit  or  not.     If  she  pendmg 

•^  _  _  _  the  suit. 

does  not  proceed,  she  is  not  liable  for  the  costs  (Mitf  PL 
[59]),  which  are  consequently  lost.  But  if  she  takes  any 
step  in  the  suit  after  her  husband's  death,  she  makes  her- 
self liable  for  the  costs  from  the  commencement  (ibid.  [60]  ; 
Anon.  3  Atk.  720  ;  Anon.  2  Vern.  197  ;  Backhouses.  Mid- 
dleton,  Freem.  133;  Parry  v.  Juxon,  3  Ch.  Rep.  40; 
Parrott  v.  Randall,  Gary,  70).  Where  a  decree  had  been 
made  after  the  death  of  the  husband,  though  the  fact  was 
unknown  to  the  defendants,  for  payment  of  costs  to  them 
by  the  husband,  and  the  Avife  took  out  a  summons  for 
service  of  the  decree  on  certain  parties,  she  was  held  to 
have  adopted  the  suit,  and  the  decree,  though  passed  and 
entered,  was,  on  motion  by  the  defendants,  varied,  by 
ordering  the  costs  to  be  paid  by  the  wife  (2Iills  v.  Barlow, 
3  De  G.  J.  &  S.  426  ;  11  W.  R.  351  ;  1  N.  K  412).  On 
the  other  hand,  if  costs  have  been  ordered  to  be  paid  to  the 
husband,  and  he  dies  before  payment,  the  wife  is  entitled 

to  them  by  survivorship  {Coppin  v. ,  2  P.  W.  496). 

Where  a  suit  by  a  feme  sole  abates  by  her  marriage,  it  WLere  a 
will  be  dismissed  without  costs,  in  default  of  her  husband  plaintiff 
reviving   (Westrojrp   v.    Healey,  Fl.   k  K.    141).     If  the  "tarries. 
husband  revives,  and   obtains  a  decree  with  costs,  he  will 
be   entitled    to    costs   from    the    commencement,    except 
(under  the  old  practice)  the  costs  of  the  bill  of  revivor 
'  [Diirhaine   v.    Knight,    1     Vern.    318)  ;    or,   conversely, 
becomes  liable  to  them.     Where  the  wife  sued  out  a  sub- 


370  COSTS   AFFECTIKG    PARTICULAR   PERSONS. 

poena,  as  single,  being  then  married,  it  was  held  that  the 

husband  and  wife  [qu.  the  husband  alone]  must  pay  costs 

{Hastings  v.  Jiigges,  Gary,  36  ;  Piers  v.  Caiuse,  ibid.  98). 

Where  the       111  Barry  V.    Woodham,  1  Y.  «&;  C.  538,  husband  and 

husband      ^^[f^  living  apart,  and  defending  separatel}^,  were  allowed 

ami  wife  „  ,  -,     ■  •  i  x      4-i,„ 

defend  separate  sets  of  costs,  there  being  no  evidence  as  to  the 
separately,  g^.^^j^jg  ^f  ^beir  separation  ;  and  in  Times  v.  JS'egus,  3  Y. 
&  C.  90,  the  husband  had  to  pay  costs,  and  the  wife  got 
no  costs  ;  and  see  Grighij  v.  Cox,  1  Yes.  517.  But  in 
Garey  v.  Whittingham,  5  Beav.  268  ;  6  Jur.  545,  where 
the  husband  and  wife,  who  lived  apart,  were  made  defend- 
ants in  respect  of  the  wife's  share  of  a  residue,  and 
answered  separately,  they  were  held  entitled  to  one  set  of 
costs  only.  From  a  report  of  the  same  case  at  an  earlier 
stage  (1  S.  &  S.  163),  it  appears  that  the  husband  first 
answered  separately,  stating  that  he  had  no  control  over 
liis  wife,  and  being  attached  for  want  of  his  wife's  answer, 
lie  was  discharged,  and  an  order  was  made  for  the  wife  to 
answer  separately,  and  indemnify  her  husband  in  respect 
of  costs  ;  and  see  Barry  v.  Cane,  3  Mad.  472.^ApJI!^<<rY  j\^l'^'^i  wi?  5-j.^ 
^j^g  The  husband  will  not,  it  seems,  in  equity,  be  made  re- 

husband      sponsible  in  costs  for  his  wife's  fraud.     "I  do  not  know  of 
pay'costs     any  case  in  this  Court,  where  a  feme  covert  has  been  guilty 
for  his        of  a  fraud  solely,  without  the  husband,  and  where  he  has 
fraud.         no  benefit  at  all  from  it,  that  he  should  suffer ;  it  would 
be  extremely  hard  that  he  should  pay  costs  ;  I  know  of  no 
precedent,  nor  do  I  believe  that  the  Court  would  do  it " 
(2)er  Lord  Hardwicke,  Cotton  v.   Luttrcll,    1    Atk.   452). 
The  question  in    this  case,  however,  was  respecting  the 
admissibility  of  the  husband's  evidence. 
Costs  of  Where  a  married  woman,  defendant,  insisted  upon  her 

V^^.  "'"       equity  to  a  settlement,  and  the  Court  gave  her  a  moiety 
heVequit^y  of  the  fund,  her  costs  were  deducted  from  the  fund  before 
lilent.'"^"  division  (Archer  v.  Gardner,  C.  P.  C.  340). 
Costs  in  a        In  a  suit  by  a  husband  against  his  wife,  to  have  a  settle- 
sait  of        j-,-,gi-,t  rectified,  and  the  income  paid  to  him  during  their 

against'      joint  lives,  the  costs  of  the  husband  of  that  suit,  and  of  an 
his  wife. 


COSTS   OF   PAUPERS.  371 

unsuccessful  suit  by  the  wife  in  the  Ecclesiastical  Court, 
were  allowed  him  out  of  the  accumulated  income,  but  the 
wife,  who  was  living  in  adultery,  and  set  up  a  different 
trust  from  what  it  really  was,  got  no  costs  {Ball  v, 
Montgomery,  2  Ves.  Juur.  196  ;  4  Bro.  C.  C.  339). 

A  bill  by  a  widower  to  be    relieved    against   a   bond  Costs  in ^ 
given  by  his  deceased  wife  before  marriage,  and  concealed  suit  alter 
from  him,  was  dismissed,  as  consideration  was  positively  '^^^  ^^'f^'s 
sworn  to,  and  with  costs,  as  the  concealment  was  at  the 
wife's  request,  and  he  was  her  administrator  (Blanchet  v. 
Foster,  2  Ves.  264).     The  husband,  however,  was  suing 
in  his  own  riwht,  and  not  as  an  adnrinistrator. 


Sect.  IX, — Costs  of  Paiqjers. 

By  r.  5  of  the  order  as  to  Court  fees,  Oct.  1875,  the  exist- 
ing rules  and  practice  applicable  to  proceedings  by  per- 
sons suing  in  forma  'pauperis,  are  to  apply  to  the  pro- 
ceedings to  which  the  order  relates  as  to  actions  in  forma 
pauperis. 

As  to  suits  in  forma  pauperis  see  11  Henry  VII.,  c.  12  ;  Who  may 
23  Henry  VIII.,  c.  15  ;  and  Drennan  v.  Andrciv,  1  Ch.  defend  /« 
p.  801,  n.  7.  In  former  days,  if  a  pauper  plaintiff  failed  in  /<^""''*  , 
his  suit,  instead  of  being  ordered  to  pay  costs,  he  was 
flogged.  Tlie  11  Henry  VII.  c.  12,  applied  only  to  actions 
at  law,  but  the  principle  of  the  Act  was  followed  by  the 
Court  of  Chancery,  and  has  been  adopted  in  the  Chancery 
Division.  Persons  who  can  themselves  {Wilkinson  v.  Bel- 
sher,  2  Bro.  C.  C.  270)  swear  that  they  are  not  worth  ^65  in 
the  world,  their  wearing  apparel  and  the  subject  matter  of 
the  suit  excepted  (Allen  v.  McPherson,  5  Beav.  469),  may 
sue  and  defend  in  forma  ptaujjeris  (Dan.  Ch.  Pr.  6th 
edition,  p.  85,  and  Spencer  v.  Bryant,  11  Ves.  49).  A  farm- 
ing tenant  with  valuable  crops  on  the  farm,  but  no  otlipr 
property,  was  not  allowed  to  defend  in  forma  pauperis, 
although  restrained  by  injunction  from  parting  with  the 
crops  {Riclgway  v.  Echuards,  9  Ch.  143 ;  22  W.  R.  288  ; 


372      COSTS  AFFECTIKG  TARTICULAU  PEHSOKS. 

29  L.  T.  907).  The  £.5  means  £.3  available  for  the  suit 
{Dresser  v.  Morton,  2  Phil.  286).  A  party  in  possession 
and  enjoyment  of  property  the  subject  of  the  suit,  worth 
£140  and  £10  a  year,  ought  not  to  be  permitted  to  sue 
in  forma  pauperis  {Taprell  v.  Taylor,  9  Beav.  493  ; 
Butler  V.  Gardener,  12  Beav.  525  ;  and  see  Burry  Port 
Co.  V.  Boivser,  26  L.  J.  Ch.  319)  ;  nor  an  officer  on  half- 
pay,  though  he  may  have  passed  through  the  Insolvent 
Court  {Boddington  v.  Woodley,  5  Beav.  555) ;  nor  a 
person  who  offers  to  redeem  a  mortgage  (Foivler  v, 
Davies,  16  Sim.  182) ;  and  it  is  not  enough  that  he  should 
swear  that  he  has  only  £5,  except  Sec,  "  after  payment  of 
liis  just  debts"  (Perry  v.  Walker,  1  Coll.  229).  An 
e.\ecutor,  even  though  without  a.ssets,  cannot  sue  or  defend 
in  forma  imuperis  (Oldjield  v.  Cohhctf,  1  Ph.  613,  S.  C, 
before  the  Court  below,*  1  Coll.  169  ;  2  Beav.  444;  3 
Beav.  432),  unless  he  is  also  beneficially  interested  (Martin 
V.  Whltmore,  17  W.  R.  809)  ;  and  see  the  cases  cited  in 
Fowler  v.  Davies ;  Oldfiehl  v.  Cohhett ;  Bayly  v.  Bayly, 
11  Beav.  256;!  Everson  v.  Mattheic,  3  W.  R.  159; 
Flattery  v.  Anderson,  11  Ir.  Eq.  Rep.  586  ;  and  Parkin- 
son V.  Chambers,  24  L.  J.  Ch.  47  ;  3  W.  R.  34,  where  an 
administratrix  having  a  beneficial  interest  was  on  special 
application  admitted  to  sue  in  that  form  (see  also  Rogers 
V.  Hooper,  1  W.  R.  474)  :  and  in  general  the  same  rule 
applies  to  all  persons  filling  representative  characters  (see 
St.  Victor  V.  Devereux,  6  Beav.  584 ;  and  Paradice  v. 
Sliepjpard,  1  Dick.  136).  A  creditor  of  a  joint  stock 
company  in  course  of  being  wound  up  may,  on  the  usual 
affidavit,  be  allowed  to  sue  in  forma  pauperis  (ex  parte 
Fry,  1  Dr.  &  S.  318).  Leave  to  defend  in  forma  pauperis 
will  be  given  without  a  certificate  of  counsel   (Bird  v. 


*  In  tliis  case  V.  C.  Knight  Bruce  held  that  a  defendant  in  contempt, 
though  sued  as  executor,  might  appl}-  in  forma  pauperis,  for  the  limited 
piu'pose  of  clearing  liis  contempt. 

t  It  appears  from  this  case  that  an  executor  may  have  the  benefit  of  the 
7tli  rule  of  Stat.  1  Wm.  IV.  c.  36,  s.  15. 


COSTS    OF    PAUPERS.  373 

Bird,  17  W.  R.  155).  A  person  who  is  not  a  defendant 
to  a  suit  cannot  be  admitted  to  defend  iu/or^ift  ixmperis 
{Holdeii  V.  H olden,  W.  N.  (186 8)  180). 

As  to  married  women  suing  in  formd  pauiJeris,  see 
ante,  p.  365,  seq.  ;  and  as  to  the  next  friend  of  infants, 
see  mite,  p.  358, 

A  person  may  appeal  {Bland   v.    Lamb,   2   J.   &  W.  What  pro- 
402 ;  Crouch   v.    Waller,   4   De   G.  &  J.   43  ;  Fitton  v.  ^'^f  Jf 
Macclesfield,  1  Vern.  264),  be  examined  pro  interesse  suo  taken  im 
(James  v.  Dove,  2  Dick.  788),  present  a  petition  under  sm  2)aii.pcris. 
Act  of  Parliament  (Re  Money,  13  Beav.   109 ;  ex  parte 
Haheii'ill,  3  De  G.  M.  &  G.  116) ;  or  sue  as  a  creditor  of  a 
joint  stock  company  being  wound  up  {ex  parte  Fry,  1  Dr. 
&  Sm.  318)  in  forma  pauperis.     When  an   order  to  sue 
in  formd  pauperis  had  been  made  in  the  Court  below,  it 
was  held  unnecessary  to  obtain  a  fresh  order  to  ajjpeal  in 
formd  pauperis  {Drennan  v.  Andrew,  1  Ch.  300). 

If   at  any  time  pending    the    suit  the  party  suing  or  A  party 
defending  in  formd  pauperis  becomes  of  abiUty  to  sue,  or  [Hgp^iiper- 
to  defend  himself,  the  Court  will  dispauper  him  {Perry  v.  ed  on 
^Yalher,  1  Coll.  229;  and  see  Tunstall  v.  Freeney,  1  Coll.  of  ability 
234,  n. ;  Bartlett  y.  Smith,  ibid.:  Clarke  v.  P^/^-e, -i^irf. ;  *«  ^^'^  or 

.  1      •         1  defend 

but  under  circumstances  he  may  be  readmitted  to  sue  or  himself : 
defend  in  formd  jKCuperis  {1  Smith's  Ch.  Pr.  871).  The 
mere  possession  of  property,  however,  is  not  sufficient,  if 
it  is  wrongful  {Perry  v.  Walker,  1  Y.  &  C.  C.  C.  676)  ; 
nor  will  the  circumstance  of  the  pauper  having  sued 
another  person  at  \?^.vf  not  in  formd  pauperis  {ihid.),  or  the 
pauper  being  in  regular  employment  {ibid.),  be  sufficient. 
If  it  is  made  to  appear  to  the  Court  that  the  party  was 
not  in  fact  "  a  pauper  "  when  he  made  his  affidavit,  the 
order  will  be  discharged  with  costs  {Romilly  v.  Grint,  2 
Beav.  186  ;  and  see  Goldsmith  v.  Goldsmith,  5  Ha.  123). 
And  as  no  exception  of  debts  should  be  made  on  making 
the  application  to  sue  or  defend  in  formd  'pauperis  (see 
supra),  an  affidavit  that  the  party  is  largely  indebted,  or 
in  embarrassed  circumstances,  is  no  answer  to  the  applica- 


374  COSTS    AFFECTIKG    I'AIITICULAR   PERSONS. 

tion  to  dispauper  {Romilbj  v.  Grint ;  Fcrrtj  v.  Walker, 
1  Coll.  229).  The  circumstance  of  a  subscription  having 
Leen  made  to  help  the  plaintiff  in  the  suit,  however  objec- 
tionable on  the  ground  of  maintenance,  is  no  ground  for 
dispaupering  {Corbett  v.  Curhett,  16  Ves.  409).  Where  the 
order  was  obtained  irregularly,  and  on  the  suppression  of 
a  material  circumstance,  it  was  discharged  (JS'owell  v. 
Whital-er,  6  Beav.  407).  But  it  was  held  too  late  three 
years  after  the  order,  and  after  the  defendants  had 
answered,  and  the  plaintiff  had  iiled  replication,  to  move 
to  discharge  for  irregularity  an  order  for  the  plaintiff  to 
sue  in  forrnd  ixtu'pevis  {ParJdnson  v.  Hanbury,  4  De  G. 
M.  &  G.  508). 
or  if  he  ^  pauper  who  behaves  in    a    vexatious  and  improper 

conducts  manner  in  his  conduct  of  the  suit  or  his  defence  may  be 
defence  in  dispaupered  (Wagner  V.  Mears,  3  Sim.  127;  Daintree  v. 
a  vexatious  ^^^  12  Jur.  594  ;  and  see  Perry  v.    Walker,  1  Coll. 

manner :  ^  ,  ,  .  „ 

229).     But  improper  or  vexatious  conduct  in  a  former 

suit  is  no  ground  for  dispaupering  [Corbett  v.  Corbett,  16 
Ves.  409).  A  pauper's  solicitor  may  also  be  ordered  per- 
sonally to  pay  the  costs  of  any  irregular  proceedings 
{Brown  v.  Daiuson,  2  Hog.  76)  ;  and  see  Cons.  Ord.  VII. 
r.  11. 
or  remu-  ^  party  may  also  be  dispaupered  for  giving  remunera- 
nerates  his  ^[q^^  iq  \^[q  counscl  or  soHcitor,  or  making  any  agreement 

counsel  or  •  i  //-</->    i    tttt         n\ 

solicitor,      for  recompensing  them  (Cons.  Urd.  Vil.  r.  9). 

Pauper  Where  costs  are  ordered  to  be  paid  to  a  party  suing  or 

entitled  to  defending  in  forma  pauveris,  such  costs  are  to  be  taxed 

rfn'cs  costs,  ,.  ,  ,         ^        iiiiji  ■  T 

as  dives  costs,  unless  the    Court    shall   otherwise   direct 
(Cons.  Ord.  XL.  r.  5). 
No  remu-        "  After  an  admittance  to  sue  or  defend  informct  paMperis, 
ueratiou  to  ^^  £gQ^  profit,  or  reward  shall  be  taken  of  the  pauper  by 
of  the  pau- any  counsel  or  solicitor,  for  the  despatch  of  the  paupers 
coui!sel'c!r    business,  during  the  time  it  shall  depend  in  Court,  and  he 
solicitor,      shall  continue  in  forma  ixaiperis ;  nor  shall  any  agree- 
ment be  made  for  any  recompense,  or  reward  afterwards. 
And  any  person  offending  herein  shall  be  deemed  guilty 


COSTS    OF    PAUPERS.  375 

of  a  contempt  of  Court ;  and  the  party  admitted  wlio 
shall  give  any  such  fee  or  reward,  or  make  any  such 
agreement,  shall  be  from  thenceforth  dispaupered,  and 
not  be  afterwards  admitted  again  in  that  suit  to  sue  or 
defend  in  for  md  pauperis"  (Cons.  Ord.  VII.  r.  9). 

In  Parkinson  v.  Chamber's,  3  W.  R.  34,  it  was  held  that  What  costs 
the  stamp  fee  of  £1,  payable  on  drawing  up  the  order  to  ^bie  by 
sue   in  fonnd  pauperis,  could   not  be  remitted,  as  the  paixper?. 

/  -,.1  1    •     Costs  of 

plaintiff  was  not  a  pauper  till  the  order  was  made,  and  it  stamp, 
could  not  be  returned ;  but  see  Ex  parte  Haheivill,  3  De 
G.  M.  k  G.  116.     In  Thomas  v.  Ellis,  8  Ch.  D.  518,  the 
chief  clerk's  certificate   was  ordered  to  be  delivered  out 
without  payment  of  Court  fees,  the  plaintiff,  since  it  was 
ready,  having  obtained  an  order  to  sue  in  forind  p^auperis. 
In  Ballard  v.  Catling,  2  Ke.  60G,  it  was  held  that  an  Where  the 
order  of  course  to  sue  in  formd  p)auperis,  not  served,  was  uot  bcea 
no  protection  against  costs,  on  a  bill  being  dismissed  for  ^^^i'^'*^^^- 
want  of  prosecution.     But  it  seems  not  to  be  true,  as  a 
general  proposition,  that  such  an  order  is  inoperative  until 
served,  where  at  least  there  is  no  mala  fides  in  with- 
holding it,  and  no  step  in  the  cause  has  been  taken  incon- 
sistent with  it  {Church  v.  Marsh,  2  Ha.  652).     Where  the 
order  has  not  been  served,  it  is  in  the  discretion  of  the 
Court  to  give  costs  to  the  pauper  or  order  him  to  pay 
them  as  the  case  may  be,  but  primd  facie  he  will  be  wiicro 
entitled    to   the   benefit  of  the  order  iihid.).     If  notice  °"!°'"  ^' 
of  motion  to  dismiss  for  Avant    of  prosecution   has  been  obtained 
served  on  a  pauper  defendant,  he  cannot  apply  to  sue  in  ge'^rvic'e  of^ 
formd  pauperis  without  paying  the  costs  of  the  motion  motion. 
{Smith  V.  Pawson,  2  De  G.  &  S.  490). 

A  plaintiff  suing  in  formd  ixvivperis  was  not  allowed  Pauper 
to    amend    by  leaving   out  parties  without  paying   their  "q"  j^jJ^g^Y 
costs  ( Wilkinson  v.  Belsher,  2  Bro.  C.  C.  272)  ;  nor  could  by  leaving 
he   move   ex  parte  to  dismiss  his  bill  generally  without  or  dismiss' 
costs  {Parkinson  v.  Hanhivry,  4  De  G.   M.  &  G.   508 ;  l"«  '-'^'i 

^  '  ex  parte 

Pearson  v.  Belcher,  3  Bro.  C.  C.  87).  without 

A  party,  who   during    the    pendency  of   the    suit   has  coJt&"° 


376  COSTS    AFFECTING    PARTICULAIl   PERSONS. 

Pauper  becD  admitted  to  sue  or  defend  in  forma  pauperis,  will, 
ci's^of '^  if  the  merits  so  require  it,  be  ordered  to  pay  costs  up  to 
proceed-      \\^q   time    wlien  he  became  a  pauper  {Prince  Albert  v. 

ings  before    ^,  „    -rx       ^      n     r-(    ^- -.    i--.  r,      -■  .-^    t  -^-t  i 

he  became  Strange,  2  De  G.  &  S.  6o2,  718  ;  13  Jur.  o07  ;  and  see 
pauper.  Ano7i.,  Mos.  6Q  ;  Smith  v.  Paivson,  2  De  G.  &  S.  490). 
The  Lord  The  2nd  section  of  Stat.  28  &  24  Vict.,  c.  149,  directs 
mty"assi^  that  the  solicitor  to  the  suitors'  fund,  or  other  officer  of 
solicitor  to  the  Court,  to  be  appointed  by  the  Lord  Chancellor,  shall 
fendant'^  visit  the  Quccu's  Prison  quarterly,  and  examine  the 
confined  prisoners  confined  there  for  contempt,  and  .report  to  the 
Queen's  Lord  Chancellor,  who  may  assign  a  solicitor  to  any  such 
Thrreiort  P^'isoi^er,  uot  Only  for  defending  him  in  forma  pauperis, 
of  the         but  generally  for  taking  such  steps  on  his  behalf  as  the 

Solicitor  to         ,  /.  , ,  •  i  i  i  i 

the  Suitors'  nature  of  the  case  may  require,  and  make  any  such  orders 

Fee  Fund.    ^^  the  Lord  Chancellor  was  empowered  to  make  by  the 

seventh  rule  of  the  old  Contempt  Act  (11  Geo.  IV.  and  1 

Wm.  IV.,  c.  36,  s.  15). 

The  pan-         The  rule  referred  to  empowered  the  Court  to  order  that 

pcr's  costs   ^|jg  ^Qgtg  Qf  tbe  contempt  of  any  such  prisoner  should  be 

tempt  may  paid  out  of  the  interest  and   dividends  of  the  securities 

Jf%^i;^j'^  °"*  standing  to  the  account  of  the  Suitors'  Fee  Fund,  or  any 

Siiitor.s'       cash  standing  'to    that   account,  and  to  direct  any  such 

prisoner  to  be   discharged.      Provided  that  if  any  such 

defendant  became  entitled  to  any  funds  out  of  such  cause, 

the  same  should  be  applied,  under  the  direction  of  the 

Court  in  the  first  instance,  to  the  reimbursement  of  the 

suitors'  fund. 

The  6th  section  of  Stat.  23  &  24  Vict.,  c.  149,  provides 
that  the  solicitor  to  the  suitors'  fund  shall  make  the 
necessary  and  proper  payments  out  of  pocket  which  may 
be  requisite  in  the  proceedings  taken  on  behalf  of  the 
prisoners  and  defendants  under  the  order  of  the  Court> 
and  shall  be  allowed  the  same  as  part  of  his  disburse- 
ments in  respect  of  the  suitors'  fund.*     Provided  that  if 

*  In  Ward  v.  Woodcock,  5  L.  T.  816,  it  was  held  that  the  Court  had 
no  jurisdiction  under  this  section  to  order  the  jdaintiff's  costs  to  be  paid 
out  of  the  Suitors'  Fee  Fund  on  the  discharge  of  a  pauper  defendant  from 
custody  for  the  breach  of  an  injunction. 


COSTS    OF    PURCHASERS    UNDER    DECREE.  377 

any  such  prisoner  or  defendant  shall  be  or  become  entitled  The  Sni- 
to  any  funds  in  the  cause,  such  funds  shall  be  applied  in  p°J^^| 
the  repayment  to  the  suitors'  fund  of  the  sums  expended  to  lie  rcim- 
on  his   behalf  as  aforesaid.     Provided,  also,  that  in  case 
any  prisoner  or  defendant  shall  become  entitled  to  any 
costs  in  any  such  suit  or  proceeding,  such  costs  shall  be  re- 
ceived by  the  solicitor  to  the  suitors'  fund  and  paid  by  him 
into  the  suitors'  fund. 

By  32  &  33  Vict.,  c.  91,  the  suitors'  fund  was  trans- 
ferred to  the  National  Debt  Commissioners,  but  the  Court 
has  no  power  on  motion  on  behalf  of  a  pauper  defendant 
in  contempt,  that  he  may  be  discharged  from  custodj^  to 
order  the  costs  of  the  plaintiff,  upon  his  own  application, 
to  be  provided  for  by  the  Treasury  (Hall  v.  Hall,  11  Eq. 
290). 

Wlierc  a  pauper  institutes  a  second  suit  after  allowing  Proceed- 

his  first  suit  to  be  dismissed  for  want  of  prosecution,  pro-  "'^''' '?  ^ 

■^  '  *■  .second 

ceedings  may  be  restrained  until  the  costs  of  the  first  suit  suit  by  a 
are  paid  {Cnheii  v.  Routh,  4  Y.  &  C.  514  ;  Brooky.  Alcock,  ^^^^^ 
1  Sm.  Cli.  Pr.  874).     And  a  second  suit  in  the  name  of  ^^ayc*^! 
another  plaintiff,  who  w^as  a  defendant  to  the  first  suit,  but  meet  of  the 
for  the  same  purpose,  with  colourable  variations,  Avas  stayed  i°^^^  °{ ^ 

^       ^  -^         nrst  suit. 

in  like  manner  (Elsam  v.  Alcock,  ibid.).  But  in  Wild  v. 
Hobson,  2  V.  &  B.  105,  Lord  Eldon  said  that  proceedings 
in  a  second  suit  by  persons  suing  in  forma  ixiupevis  would 
only  be  stayed  in  case  of  vexation. 


Sect.  X. — Costs  of  Purchasers  under  Decree. 

A  purchaser  of  property  sold  under  a  decree  of  tlie  q^^^^  ^f 

Court  will  be  entitled   to   the   costs   of  the  motion  fur  a  reference 
r  1  -1  1       f     1  r  .        ,  ^   .  ^     ,      as  to  title, 

reierence  to  the  title,  and  oi  the  reterence  itseli,  it  the  wlicre  the 
title  is  made  out  on  grounds  not  appearing  in  the  abstract  *^*^'®  ^^ 
(Fielder  v,  Higglnson,  3  V.  &  B.  142).     And  he  will  not 
pay  costs  if  the  title  proves  good  according  to  the  abstract 
{Flower  v.  Hartop'p,  8  Beav.  199  ;  Holland  v.  Kiny,  20  L. 


878      COSTS  AFFECTING  PARTICULAR  PERSONS. 

T.  Old  S.  123  ;  1  W.  R.  80,  where   the  marginal  note  is 
wrong),  unless  his  objections  were  frivolous  {Thorpe  v. 
Freer,  4  Mad.  466  ;  Peers  v.  8ney<l,  17  Beav.  151).     In 
Osborn  v.  Oshorn,  IS  W.  R.  421  ;  W.  N.  (1870),  30,  how- 
ever, the  Court  said  that  on   principle  a  purchaser  must 
take  objections  at  his  own  peril,  and  for  the  sake  of  his 
title  pay  the  costs  if  he  fails.     The  report  of  Gartiden  v. 
Benson,  1  Ke.  671,  which  states  that  the  Court  held  the 
purchaser  to  be  entitled  to  his  costs,  appears  to  be  inaccu- 
rate (8  Beav.  200).     There  is  nothing  in  the  circumstance 
of  the  purchaser  being  a  defendant  to  take  the  case  out  of 
the  general  rule  {Holland  v.  King,  where  it  was  stated 
that  the  purchaser  was  well  acquainted  with  the  title). 
Where  tlic       Where  the  purchaser  asked  for  specific  performance  of 
is"com-**°     ^^^^  contract  with  compensation,  he  obtained  it,  on  appeal, 
picted  with  with  costs  both  in  the  Court  below  and  the  Appeal  Court 
saUoir"      {Leyland  v.  Illingiuorth,  2  De  G.  F.  &  J.  248). 
Costs  of  The  purchaser  is  not  allowed  the  costs  of  a  motion  to 

pa°y  tlie**^  pay  the  purchase-monies  into  Court  {Ckrlstian  v.  Chani- 
purciiase  hers,  4  Ha.  307) ;  and  where  he  is  in  default  he  will  have 
CouTtV" '^  t<^  pay  them  (1  Sm.  Ch.  Pr.  1015).  Where  the  notice 
to  substi-  also  asked  that  one  purchaser  might  be  substituted  for 
tute  one  another  on  the  usual  affidavit  of  no  underhand  barij^ain, 
for  the  costs  not  being  increased  were  not  ordered  to  be  paid 

'     by  the  purchaser  {Chridiccii  v.   Chambers);  but  if  such 
application  is  made  separately  it  would   seem  that  the 
to  transfer  second  purchaser  should  bear  the  expenses  of  it.     In  ap- 
purchasc     plications   for   transfer  to  the  credit  of  a  cause  of  pur- 

momes  '■  ...  .  .     . 

paid  into  cliase-mouies  paid  into  Court  by  a  public  compan}',  it  is 

public  '^  '^  ^^°^  necessary  to  serve  all  the  parties  to  the  suit,  and  their 

company  costs  will  not  be  allowed  against  the  company  {'per  V.  C. 

credit  of  Wood,  Eden  v.  Thompson,  2  H.  &  M.  6  ;  12  W.  R.  759  ;  4 

the  cause,  jsj'^  j^_  g^^^   ^^(^  ^qq  fm-tlier  as  to  the  costs  payable  by  com- 
panies ante,  ch.  V,,  sec.  II. 

Costs  of  A  purchaser  who  has  paid  his  money  into  Court,  but 

purc.iaser  ^iSis  not  got  his  conveyance,  is  entitled  to  appear,  and  will 

on  motion  °  J  >  1 1         >    ^ 

for  pay-      receive  his  costs  of  appearance  when  the  money  is  dealt 


COSTS   OF   PURCHASEnS    UNDER   DECREE.  379 

with  {JS^ohle  v.  Stoiv,  80  Beav,  272) ;  secus,  if  he  has  gut  ment  out 
his  conveyance  {Barton  v.  Lautour,  18  Beav.  526).    "The  1\2^^' 
practice  is  to  draw  up  the  order  with  the  purchaser's  con-  monies, 
sent,  in  which  case  he  is  entitled  to  his  costs  of  appearance, 
or  on  proper  evidence  that  he  has  been  served  with  notice 
and  has  got  his  conveyance  "  {Xohle  v.  Stoiu). 

Where  title  deeds  are  in  the  hands  of  persons  residing  Costs  of 
in  different  parts  of  the  country,  the  vendor  must  (in  the  !^J-,^tract"° 
absence  of  special  condition)  bear  the  expense  of  the  pur-  with  deeds 
chaser  sending  a  clerk  to  compare  the  abstract  with  them 
(Hughes  v.  Wynne,  8  Sim.  85,  S.  C.  affd.  1  Jur.  720).    But 
a  country  solicitor  should  not,  it  would   seem,  bo  allowed 
the  costs  of  journeys  to  town  to  examine  abstracts  (Re 
Tryon,  7  Beav.  496). 

The  general  rule  is  that  where  the  decree  contains  a  pur- 
direction  for  settling  the  conveyances  in  chambers  in  case  'J^^'^^*^'-"! 
the  parties  differ,  the  purchaser  pays  the  costs  of  his  own  settling 
attendances,  unless  a  special  case  is  made  {Hodgson  v.  ancIHi 
Shaiu,  16  L.  J.  Ch.  56  ;  11  Jur.  95).    But  where  the  estates  chambers. 
of  an  intestate,  whose  heir  was  an  infant,  were  sold  by  the 
Court,  the  costs  of  settling  the  conveyance  came  out  of  the 
estate  {Bnnvn  v.  Lake,  15  L.  J.  Ch.  34). 

If  any  proceedings  under  the  Trustee  Act  are  necessary  q^^^^  of 
in  order  to  make  a  good  conveyance,  the  vendor  must,  it  proceed- 

1  1  n     ^  Ti        7  7  n  r  ings  neces- 

seems,  bear  the  costs  ot  them  ;  see  Bradley  v.  Munton,  saiy  to 
16  Beav.  294,  where  the  contract  provided  that  "  the  costs  °°™i^l«^to 

'^  the  con- 

of  surrender "  should  be  borne  by  the  purchaser,  and  it  veyancc. 
was  held  that  the  costs  of  procuring  some  person  to  sur- 
render by  proceedings  under  the  Trustee  Act  were  not 
included.  Where  the  heiress  at  law,  who  was  a  party  to 
the  suit,  refused  to  acknowledge  the  deed,  the  costs  of  the 
purchasers  occasioned  by  such  refusal,  together  with  a  sum 
jjaid  to  the  heiress  to  induce  her  to  convey,  were  ordered 
to  be  paid  out  of  the  funds  in  Court  {Billing  v.  Webb,  1 
De  G.  &  S.  716)  ;  and  see  TJarmas  v.  Buxton,  8  Eq.  120; 
and  the  funds  being  insufficient  for  the  payment  of  the 
costs  of  all  parties,  the  purchaser's    costs  were  paid  ir\ 


380 


COSTS  AFFECTING  PARTICULAR  PERSONS. 


Where  the 
title  is  bad 
the  pur- 
chaser is 
discharged 
with  costs, 
charges, 
and 
expenses. 


priority  {Billing  v.  Wehh).  But  where  tlie  purchaser  was 
a  defendant,  no  costs  Avere  given  of  a  petition  to  have  a 
co-defendant,  who  refused  to  convey,  declared  a  trustee 
under  the  Trustee  Act  {Robinson  v.  Wood,  5  Beav.  246). 
Where  the  decision  in  chambers  is  against  the  title,  or 
it  is  too  doubtful  to  be  forced  on  a  purchaser  {Blossc  v. 
Lord  Clanmorria,  3  Bl.  62),  the  purchaser  is.  entitled  to 
be  discharged  with  all  his  costs,  charges,  and  expenses 
consequent  on  his  becoming  purchaser,  and  of  the  .appli- 
cation, and  of  investigating  the  title  {Att.  Gen.  v.  Corpora- 
tion of  Newark,  8  Sim.  71  ;  Perkins  y.  Ede,  16  Beav.  268, 

1  W.  R.  10,  where  the  form  of  the  usual  order  is  given). 
The  costs  of  the  purchaser  obtaining  his  own  counsel's 
opinion  will  be  included  (Barton  v.  Dovnies,  4  Ir.  Eq.  Rep. 
607).  If  tliere  are  funds  in  court  the  purchaser's  costs  will 
be  directed  to  be  paid  out  of  those  funds  (RctjnoUh  v.  Blake, 

2  S.  &  S.  117);  but  without  prejudice  to  the  question  by 
what  fund  they  should  be  ultimately  borne,  if  there  are 
more  than  one  (Potcell  v.  Povdl,  1!)  Eq.  422  ;  10  Gh. 
130;  Set.  1410).  Where  there  is  no  fund  in  court,  the 
purchaser  Avill  be  entitled  to  his  costs  from  the  plaintiff 
personally,  without  prejudice  to  the  question  how  tiiey 
should  be  ultimately  borne  (Smith  v.  Nehon,  2  S.  &  S. 
557)  ;  although  the  plaintiff  is  only  a  pecuniary  legatee 
(Berrij  v.  Johnson,  2  Y.  lV:  C.  564).  But  a  defendant,  to 
whom  the  conduct  of  the  sale  has  been  given,  will  not  be 
ordered  to  pay  the  purchaser's  costs  where  there  are  no 
funds  in  court  which  can  be  made  primarily  liable  ;  in  such 
a  case  leave  will  be  given  to  the  purchaser  to  apply  for 
payment  (Mullins  v.  Hussey,  35  Beav.  301  ;  1  Eq.  488). 
Where  the  Master  had  reported  against  the  title  to  one 
lot,  the  purchaser  of  others  under  the  same  title  was  dis- 
charged with  his  costs  without  further  inquiry  (Letvis 
V.  Levjis,  9  L.  J.  Ch.  170).  Where  there  had  been  great 
delay,  and  there  was  little  hope  of  completing  the  title 
Avithin  a  reasonable  time,  also,  the  purchaser  was  discharged 
Avith  costs  (Fra>ier  v.    Wood,  8  Beav.   339).     Where  the 


COSTS  OP  PURCHASEKS  UNDER  DECREE.       381 

title  had  been  found  bad,  but  the  purchaser  was  neverthe- 
less attached  for  non-payment  of  the  purchase-money,  the 
contract  was  cancelled,  with  costs  against  the  solicitor  who 
acted  for  both  parties  {Broniage  v.  Davles,  4  Jur.  N.  S. 
682). 

In  like   manner,  if  a  purchaser  is   discharged   on   the '^o  ^liere 
ground    of  the   vendor's    misrepresentation    {Lachlan   v.  cliaser  is 

Rennolds,  Kay,  52),  or  of  want  of  iurisdiction  in  the  Court  f^iscliargad 
'^  '         '1 '        /'       ^  •'  .011  some 

to  sell  {Calvert  v.  Godfrey,  G  Beav.  97),  he  Avill  be  entitled  collateral 
to  his  costs,  charges,  and  expenses.  In  LecJirnere  y.  ^'°^"^'^" 
Brasier,  2  J.  &  W.  287,  the  purchaser  was  discharged  on 
account  of  an  error  in  the  decree,  though  the  parties  were 
proceeding  to  rectify  it ;  the  costs,  however,  were  waived, 
but  it  seems  that  the  purchaser  should  have  had  them 
(Sugd.  V.  &  P.  108).  But  where  the  defect  in  the  suit 
was  already  cured  before  the  petition  came  on,  the  pur- 
chaser was  not  discharged,  and  the  costs  were  reserved 
{Sheriuood  v.  Beveridge,  3  De  G.  .S:  S.  425).  However,  the 
purchaser  will  not  be  entitled  to  the  co.sts  of  investigating 
the  title,  where  he  is  relieved  on  any  such  collateral  gi'ound 
(Magennis  v.  Fallon,  2  Moll.  592  ;  Mackrell  v.  Hunt,  2 
Mad.  34  n.). 

Where  the  purchaser  had  resold  at  a  profit,  and  on  The  pur- 
examination  of  the  deeds  the  title  proved  bad,  it  was  held  norrecover 
that  he  could  not  recover  at  law  from  the  vendors  the  costs  ^^^'^  costs  of 
of  resale,  or  the  costs  paid  to  the  sub-purchasers  ( Walker  jnirchaser 
V.  Moore,  10  B.  &  C.  416).  f™'^  ti^^ 

'  vendors. 

Where  a  resale  is  ordered,  on   the  purchaser  makinsf  Practice 
default  in  completing,  the  practice  is  not  to  discharge  the  pg^.^[g  fg 


purchaser,  but  he  is  ordered  to  make  good  the  deficiency  ordered  on 

tlie  pur- 
chaser E 
com- 
pleting. 


in  price,  and  pay  the  costs  of  the  resale  in  case  a  less  price  chaser  not 
should  be  obtained  on  it  {Harding  v.  Harding,  4  My.  & '^°™" 
C.  514  ;   Gray  v.   Gray,   1   Beav.   199  ;    S.  C.  suh  nom. 
Saunders  v.  Gray,  4  My.  &  C.  515,  n. ;  and  see  Set.  1413). 


38'2      COSTS  AFFECTING  PARTICULAR  PERSONS. 

Sect.  XI. — Costs  of  Receivers. 

Receiver  A  receiver  appointed  by  the  Court  is  a  mere  officer  of 

thVcouJtf  t^^e  Court  {Parker  v.  Dunn,  8  Beav.   497  ;  Morison  v. 
ancuiiouid  Morlson,  7  De  G.  M.  &  G.   214,  224,  226),  and  he  ought 
r.il  appear   i^ot  in  general  to  present  a  petition  or  take  any  proceed- 
in  proceed-  [^^„^  [^^  ^j-^g  causo,  but  should  apply  to  the  plaintiff  to  do  so 
{Ireland  v.  Fade,  7  Beav.   .5.5).     And  where  he  is  served 
with  a  petition  in  the  cause,  he  should  not  appear,  and 
will  get  no  costs  of  appearance  if  he  does  so  (Herman  v. 
Dunbar,  23  Beav.  312).     But  where  the  receiver  had  in- 
curred costs  which  the  parties  had  long  neglected  to  provide 
for,  he  was  allowed  to  petition  for  their  payment  (Ireland 
v.  Fade).      And   in  Richardson  v.   Ward,  6  Mad.   266, 
a  receiver  was  allowed  the  costs  of  his  own  application 
to  be  discharged  on  the  ground  of  ill-health.     But  the  costs 
of  a  receiver's  petition  to   discharge  him  will  be  refused 
where    the  petition  is  improperly  presented  (St dwell  v. 
Mellersh,  20  L.  J.  Ch.  3-56). 
A  receiver       A  receiver  will  be  entitled  out  of  the  funds  to  his  costs, 
h/s'^osts^°  charges,  and  expenses  properly  incurred  in  the  discharge 
caarges,      of  his  ordinary  duties,  or  in  extraordinary  services  which 
expenses,    have  been  sanctioned  by  the  QQwxi(Malcolmv.  O'Callaghan, 
3  xMy.  &  C.  52  ;  Fitzgerald  v.  Fitzgerald,  5  Ir.  Eq.   R. 
525).     And  in  Morison  v.  Morison,  7  De  G.  M.  t  G.  214, 
which  was  a  suit  to  administer  West  Indian  estates,  a 
consignee  appointed  by  the  Court,  who  had  become  in 
advance,  was  held  entitled  to  repayment  out  of  the  corpus 
of  the  estate  in  priority  to  the  costs  of  the  suit.     The 
poundage  and  expenses  of  passing  the  receiver's  accounts 
fall  upon  the  tenant  for  life  (Shore  v.  Shore,  4  Drew.  510)- 
The  costs  of  a  receiver  under  a  liquidation  petition  are 
payable  out  of  the  assets  in  priority  to  the  costs  of  the 
-^  a-iUL  t^doy        debtor's  solicitor  (Ex  parte  Royle,  20  Eq.  780  ;  23  W.  R. 
ex.-*-  j>J^j  908  ;  33  L.  T.  39  ;  and  see  Ex  parte  Page,  25  L.  T.  716). 

Receiver's       In  Mcdcohii  V.   O'CiiUaghan,  Lord  Cottenham   seems 
^f^servkes  ^^  ^^^'^Q  held  that  the  expenses  of  extraordinary  services 


COSTS   OP    RECEIVERS.  383 

undertaken   by  a  receiver  without   the  sanction  of  the  under- 
Court,  should  on    that  ground   alone   be    refused ;    but,  ^\thoyt 
he  added,  that  if  those  services  resulted  in  a  benefit,  it  the  leave 
might   be  inequitable  to    allow  the  parties  to  reap  the  Com-t ; 
advantage  without  reimbursing  the  expenses.     In  the  case 
cited,  the  expenses  of  journeys  to  and  residence  in  Paris, 
for  the  purpose  of  prosecuting  (unsuccessful)  suits  there  for 
the  recovery  of  parts  of  the  testator's  estate,  were  refused. 
Where  a  receiver,  without  the  leave  of  the  Court,  defended  defending 
an  action  at  law  arising  out  of  a  distress  for  rent  made  by  ^ithont 
him,  and  compromised   it  on  the  terms   of  the  plaintiff  ^s'*"^^- 
abandoning  it,  and  each  party  bearing  his  own  costs,  he 
Avas  not  allowed  his  costs  {Sivaby  v.  Dickon,  5  Sim.  629). 
But  where    the    defence  was   completely  successful,  the 
extra  expenses  were  allowed,  though  the   receiver  acted 
without  the  leave  of  the   Court  (Bristoice  v.  J^eedham, 
2  Ph.  190).     Again,  the  receiver  of  a  lunatic's  estate  pro- 
ceedinof  in  a  wron^  form  of  action,  which  he  was  advised 
to  abandon,  and  adopting  another  form  in  which  he  suc- 
ceeded, was  refused  the  costs  of  the  abandoned  proceeding, 
although  the  Master  reported  that  he  had  acted  bond  fide 
(Re  Montgomery,  1  Moll.  419  ;  and  see  Re  Ormshy,  1  B. 
&  B.  189).     The  receiver  should  not  wait  to   apply  fur 
leave  to  defend  an   action  till  just  before  trial  {Anon.  6 
Ves.  287).     The  personal  authority  of  the  beneficiaries  to 
incur  expenses  gives  the  receiver  no  lien  on   the  estate 
{Malcolm  v.  WCallaghan). 

Where  a  receiver  had  been  irregular  in  bringing  in  his  where  a 
accounts,  he  was  ordered,  on  the  application  of  an  incum-  receiver  is 

^.  ^  ■,  -,  I'l  defanlt. 

brancer,  whose  charge  he  was  directed  to  keep  down,  to 
bring  them  in  at  stated  times,  and  to  pay  the  costs  of  the 
application  {Bertie  v.  Lord,  Abingdon,  8  Beav.  53).  If  a 
receiver  suffer  any  costs  to  accrue  which  ought  to  have  been 
prevented,  he  will  have  to  pay  them  out  of  his  own  pocket 
{Cooh  v.  Hharman,  8  Ir.  Eq.  K  515).  And  where  the 
receiver  makes  default  in  paying  into  Court  a  balance 
certified  to  be  due  from  him,  he  will  have  to  pay  the  costs 


381 


COSTS   AFFECTING   I'ARTICULAll   PERSOKS. 


Costs  of 
other  pro- 
ceedings 
against 
him. 


Costs  of 

motion 

that 

tenants 

may 

attorn. 

Receiver 
appointed 
by  will. 

Costs  occa 
sioned  by 
inter- 
ference 
with  re- 
ceiver. 


Costs  in 
Ireland. 


of  the  application  (see  the  practice  in  such  cases,  stated  in 
1  Sm.  Ch.  Pr.  1037).  The  receiver  of  leaseholds  not  paying 
the  rent  regularly,  will  have  to  pay  the  costs  of  the  land- 
lord's application  to  proceed  against  him  for  it  {Walsh  v. 
Walsh,  1  Ir.  Eq.  R.  209).  And  where  receivers,  through 
carelessness,  published  a  libel,  and  the  chief  clerk  certified 
the  amount  of  the  damages,  though  an  application  to 
increase  the  amount  was  refused,  the  Court  ordered  the 
receivers  to  bear  the  applicant's  costs  personally  (Stuhbs  v. 
Marsh,  15  L.  T.  312).  On  the  other  hand,  an  application 
to  remove  a  receiver  for  misconduct  was  refused  with  costs, 
and  the  petitioner  being  insolvent,  the  receiver  was  allowed 
his  costs,  as  between  solicitor  and  client,  out  of  the  funds 
in  his  hands  (Courand  v.  Hanrner,  9  Beav.  3).  Where  a 
receiver  had  been  appointed  under  a  mistake,  he  was 
removed,  but  costs  were  not  given  against  him  {Hunter  v. 
Pring,  8  Ir.  Eq.  R.  102). 

It  is  not  the  course  of  the  Court,  on  motion  that  the 
tenants  may  attorn  to  the  receiver,  to  order  them  to  pay 
costs  {Hobhouse  v.  Hollcoiuhe,  2  De  G.  &  S.  208). 

A  person  appointed  receiver  by  will,  of  a  testator's  real 
estates,  with  a  salary,  is  a  proper  party  to  a  suit  to 
administer  those  estates  {Consett  v.  Bell,  1  Y.  &  C.  C.  C. 
5G9). 

It  is  the  uniform  practice  to  order  those  who  have  in- 
truded on  a  receiver  appointed  by  the  Court,  to  pay  the 
costs  and  expenses  thereby  occasioned  {Lane  v.  Sterne, 
3  Gitr.  629 ;  10  W.  R.  555  ;  and  see  Frij^}^  v.  Bridge- 
luater,  <tc.,  Canal  Comjxiny,  3  W.  R.  356). 

As  to  what  costs  will  and  what  costs  will  not  be  allowed 
to  receivers  in  Ireland,  see  Sadleir  v.  Greene,  2  Ir.  Ch.  R. 
330. 


COSTS   OF  A^D   RELATING   TO   SOLICITORS.  38-5 


Sect.  Xll.—Cosfs  of  and  relating  to  Solicitors. 

A  solicitor  who  is  sued  in  respect  of  fraudulent  transac-  Where  the 
tions  in  which  he  has  been  mixed  up  in  his  professional  ?°^^c'*°^' 

^  Jr  IS  a 

capacity,  or  who  prepares   improper  instruments,  which  party  to 
afterwards  lead  to  litigation,  may  be  ordered  to  pay  all  the  *^^  ''''^'°°' 
costs  thereby  occasioned  {Phosphate  Sewage  Co.  v.  Hart- 
mont,  5   Ch.   D.   394 ;  46  L.  J.   Ch.  661 ;  37  L.  T.  9 ; 
Baker  v.  Loader,  16  Eq.  49  ;  42  L.  J.  Ch.  113  ;  21  W.  E. 
167  ;  Proctor  v.  Rohinson,  35  Beav.  329  ;  15  L.  T.  431  ; 
Bennet  v.  Vade,  2  Atk.  324;  Beadles  v.  Burch,  10  Sim. 
332 ;  Bowles  v.  Stewart,  1  Sch.  &  L.  209,  227) ;  or  may  be 
left  to  bear  his  own  costs  {Harvey  v.  Mount,  8  Beav.  489, 
452,  where,  though  exonerated  from  culimbility,  he  had 
not  acted  with  prudence;  Slator  v.  Xolan,  Ir.  R.  11  Eq. 
367,  408 ;  Bagnall  v.  Carlton,  6  Ch.  D.  371  ;  47  L.  J.  Ch. 
30 ;  Henshall  v.  Fereday,  27  L.  T.  743).     And  see  further 
as  to  the  costs  of  solicitors  in  cases  of  this  kind  Clark  v. 
Girdwood,  7  Ch.  D.  9  ;  47  L.  J.  Ch.  116  ;  26  W.  R  90  ; 
37  L.  T.  614;  Phelp  v.  Anicotts,  17  W.  R  703  ;  Hugue- 
nin  V.  Baseley,  14  Ves.  273  ;  Forshaw  v.  Welshy,  30  Beav. 
243 ;  30  L.  J.  Ch.  331.     It  is  no  defence  for  the  solicitor 
to  say  that  he  only  acted  according  to  his  client's  instruc- 
tions.    But  where  the  solicitor  has  not  been  guilty  of  par- 
ticipation in  a  fraud,  but  at  most  only  of  a  blunder,  for 
which  the  remedy  is  an  action  for  professional  negligence, 
there  is  no  jurisdiction  to  order  him  to  pay  the  costs  of 
the  suit  {Clark  v.  Girchuood).  .s^  a.<=UpC^M.^  «.^  l  j^^ 
Where  a  solicitor,  by  mixing  up  his  personal  interests 
in  his  client's  transactions,  rendered  an  investigation  not 
unreasonable,  the  bill  was  dismissed  against  him  without 
costs,    though    it    contained    unproven    charges    of   fraud 
{Fyler  v.  Fyler,  3  Beav.  550).     A  solicitor  may  be  made  a  May  be 
party  to  the  suit  for  the  mere  purpose  of  havinfj  the  costs  ™''^'^*'  ^ 
paid  by  him,  in  a  case  of  fraud,  but  in  that  case  only  {Le  merely  fur 
Texierv.  Margravine  of  Anspach,  15  Ves.  159) ;  and  the  ''°''*'' 

0  c 


38G 


COSTS   AFFECTING   PARTICULAR   FERSOKS. 


Where  a 
solicitor 
trustee 
acts  for 
himself,  he 
is  only 
allowed 
costs  out  of 
pocket,  as 
against  the 
cesticis- 
qv,e-trust. 


costs  must  be  specifically  prayed  against  him  {Marshall 
V.  Sladden,  7  Ha.  428;  19  L.  J.  Ch.  57).  But  no  other 
person  can  be  made  a  defendant  for  this  purpose,  except  a 
solicitor  or  other  agent,  or  an  arbitrator  ( Weise  v.  Wardle, 
19  Eq.  172  ;  23  W.  R.  208  ;  and  see  Aftwood  v.  Small, 
6  CI.  &  F.  232) ;  and  the  Court  discourages  the  practice 
(Barnes  v.  Addy,  9  Ch.  244  ;  43  L.  J.  Ch.  513;  22  W.  R. 
505,  30  L.  T.  5).  If  a  suit  to  set  aside  suspicious  transac- 
tions with  a  solicitor  fails  on  some  collateral  ground,  it 
will  be  dismissed  without  costs  (De  Montmorency  v. 
Devereux,'7  CI.  &  F.  188,  where  the  defendant  proved 
confirmation  ;  Lord  Clanricarde  v.  Henning,  30  Beav. 
175,  where  the  bill  was  dismissed  on  the  ground  of  the 
lapse  of  time).  In  Yetts  v.  Hilton,  9  L.  T.  502,  a  solicitor 
Avho  disclaimed  to  hold  as  purchaser  and  claimed  only  as 
mortgagee,  was  allowed  costs  from  the  date  of  the  answer. 
A  deed  executed  by  a  client  and  cestui-que-trust  for 
securing  a  solicitor  trustee  his  costs,  to  which  he  would 
not  be  entitled  under  the  rule  stated  infra,  was  set  aside, 
but  without  costs,  as  the  rule  was  a  severe  one,  and  the 
•lient  had  acted  inconsistently  {Gomley  v.  Wood,  3  J.  &L. 
.  c).  Where  a  suit  by  third  parties  has  been  rendered 
necessary  through  a  solicitor's  negligence  in  the  conduct 
of  his  client's  business,  he  may  be  made  to  pay  the' costs 
of  it  (Todd  V.  Studholme,  3  K.  &  J.  341) ;  and  so  at  the 
suit  of  the  client  himself  (C'r(//^  v.  Watson,  8  Beav.  427). 
A  solicitor  trustee  is  not  allowed,  as  against  his  cestuis- 
que-trust,  any  costs  other  than  those  out  of  pocket  in 
respect  of  any  professional  services  rendered  by  him, 
either  in  the  administration  of  the  trust  estate  out  of 
court,  or  in  conducting  a  suit  by  himself,  or  his  own  de- 
fence to  a  suit  regarding  the  trust  estate  {Moore  v.  Froivd, 
3  My.  &  C.  45 ;  Xeiu  v.  Jones,  1  Mac.  &  G.  668,  n. ; 
Fraser  v.  Palmer,  4  Y.  &  C.  515;  Gomley  v.  Wood,  S  J. 
&  L.  678  ;  In  re  Sherwood,  3  Beav.  338  ;  Broughton  v. 
Broughton,  5  De  G.  M.  &  G.  160;  Liquidators  of  Im- 
lierial  Mercantile  Credit  Association  v.  Coleman,  6  H.  L. 


COSTS   OF  AND   RELATING   TO    SOLICITOIlS.  3S7 

p.  208).     "The  rule  really  is  that  no  one  who  has  a  duty 
to  perform  shall  place  himself  in  a  situation  to  have  his 
interests  conflicting  with  that  duty ;  and  a  case  for  the 
application  of  the  rule  is  that  of  a  trustee  himself  doing 
acts  which  he  might  employ  others  to  perform,  and  taking 
payment  in  some  way  for  doing  them  "  *  {per  Lord  Crau- 
worth,  C,  0  De  G.  M.  &  G.  164).     The  case  of  Carmichael 
V.  Wilso7i,  2  Mol.  537,  where  the  contrary  is  reported  to 
have  been  held  on  Lord  Eldon's  authority,  cannot  be  relied 
on  {per  Lord   Cottenham,  1  Mac.  &  G.  678  ;  and  Lord 
Langdale,  8  Beav.  594).     The  rule  aj^plies  as  well  to  a 
constructive  as  an  express  trustee.     Therefore,  where  a 
solicitor  executor  filed  a  bill  to  recover  part  of  the  assets 
and  made  a  judgment  creditor  a  party,  the  assets  being 
insufficient  for   payment  of  the  debt,  the  executor  was 
allowed  only  costs  out  of  pocket  {Pollard  y.  Doyle,  1  Dr.  Kuie 
&  S.  319).     The  rule  also  applies  where  the  trustee  is  a  XlT 
member  of  a  firm  by  whom  the  business  is  done  {Golilr'S  solicitor  is 
V.    Carey,   2   Beav.  128;  and   see  Mafthison  v.  Clarlx'",  oi  a  firm  ; 
3  Drew.  8) ;  though  it  is  done  by  one  of  the  partners  who 
is  not  a  trustee,  if  it  is  for  the  profit  of  all  (Christophers 
White,  10  Beav.  523  ;  Lyon  v.  Baker,  5  De  G.  &  S    ':ii2, 
where  the  Court  refused  an  enquiry  whether  the  employ- 
meiit  of  the  trustee's  partner  was  for  the  benefit  of  all  but  he  mciy 
parties) ;  but  a  trustee  solicitor  may  employ  his  partner,  ^™P'°y  ^^^ 
who  will  be  entitled  to  full  costs,  provided  that  the  trustee 
does  not  participate  in  the  profits  (Clack  v.  Carlon,  30  L. 
J.  Ch.  639  ;  7  Jur.  N.  S.  441 ;  9  W  R.  568) ;  and  semUe, 
two  firms  may  come  to  an  arrangement  between  them  for 
conducting  each  other's  trust  business  (ibid.).   After  a  dis- 
solution on  which  the   trustee    partner   retires,-  a   fresh 
retainer  to  the  continuing  members  of  the  firm  is  neces- 
sary ;  and  if  they  continue  to  act  as  solicitors  to  the  trust 
without  such  retainer,  they  will  not  be  entitled  to  costs, 

*  The  rule  also  ai^plies  to  other  jirofessional  men  placed  in  a  fiduciary 
position  :  see  x)ost,  p.  405.  Qu.  whether  the  rule  applies  where  a  solicitor 
executor  renounces. 

c  c  2 


388 


COSTS   AFFECTING   PARTICULAR   PERSONS. 


Expenses 
of  town 
agent 
itlloweil. 


A  solicitor 
trustee 
appearing 
for  him- 
self and  co- 
trustees. 
Jbij/jS-cJ^  36 (■ 


Solicitor 
trustee 
appearing 
for  ccsluis' 
quc-trust. 


Special 
directions 
not  made 
in  decree 
giving 


unless  upon  the  principle  of  salvage,  stated  _2J0sf,  p.  391 
(Burge  v.  Brutton,  2  Ha.  373).  The  expenses  of  employ- 
ing a  town  agent,  if  employed  by  a  country  solicitor 
trustee  in  the  ordinary  course  of  business,  will  be  allowed 
{ihid). 

In  Gradock  v.  Pippv,  1  Mac.  &  G.  664,  Lord  Cottenham 
held  that  a  solicitor  trustee  appearing  for  himself  and  his 
co-trustees  in  a  suit  was  entitled  to  full  costs  as  if  he  was 
not  a  party,  except  so  far  as  the  costs  were  increased  by 
his  being  a  party.  The  contrary,  however,  was  expressly 
held  by  Lord  Langdale  in  the  earlier  case  of  Bainbrigge 
V.  Blair,  8  Beav.  588,  where  the  solicitor  acted  for  him- 
self, his  co-trustees,  and  ce^tiiis-que-trust.  In  Lincoln  v. 
Windsor,  9  Ha.  158,  V.  C.  Turner  held  that  the  rule  in 
Gradock  v.  Piper,  applied  only  to  costs  in  a  suit,  and  not 
to  the  costs  of  business  done  in  the  course  of  administra- 
tion out  of  court,  which  he  disallowed.  This  decision 
was  followed  b}'-  Lord  Cran worth,  C,  in  Broughton  v. 
Broughton,  5  De  G.  M.  &  G.  164,  who,  however,  con- 
fessed his  inability  to  see  the  distinction  in  principle 
between  costs  in  and  out  of  Court,  and  threw  doubts  on 
the  soundness  of  Lord  Cottenham's  decision  generally. 
Tiie  rule  in  Gradock  v.  Piper  was  also  questioned  by  the 
same  learned  Lord  in  the  House  of  Lords  {Manson  v. 
Baillie,  2  Macq.  80,  82)  ;  and  also  by  Lord  Brougham 
{ihid.  p.  91). 

A  sole  trustee  acting  as  solicitor  for  the  cestui s-que- 
trust,  parties  to  a  suit,  will  be  allowed  his  usual  costs,  at 
least  where  they  defend  separately  (Fraser  v.  Pcdmer, 
4  Y.  &  C.  515  ;  Gradock  v.  Pijjer,  1  Mac.  &  G.  664);  and 
according  to  the  latter  case  where  the  trustees  and  cestuis- 
que-trust  defend  jointly,  so  far  as  the  costs  are  not  increased 
thereby,  but  see  contra,  Bainbrigge  v.  Blair,  8  Beav.  588; 
and  the  observations  8U2)ra. 

Where  a  trustee  solicitor  becomes  entitled  to  costs,  the 
Court  will  direct  the  taxation  of  his  costs  as  between 
solicitor  and  clifut  in  the  usual  manner,  leaving  it  to  the 


COSTS   OF   AND    RELATING   TO    SOLICITORS.  389 

Taxing  Master  to  take  notice  of  the  fact  that  he  is  a  solicitor 
solicitor  (York  v.  Broiun,  1  Coll.  260;  Cradock  v.  Piper,  costs!^' 

I  Mac.  &  G.  664).  As  to  disputing  after  many  years  a 
bill  paid  by  a  trustee  solicitor  to  himself,  see  Allen  v. 
Jarvis,  4  Ch.  616. 

But  a  solicitor  becoming  a  trustee  for  his  client  may  Solicitor 
make  a  special  contract  with  him  for  renmneration  for  his  special 
professional  services,  the  costs  of  which  will  in  that  case  contract 
be   allowed    (Moore   v.   Froivd,    3   My.   &  C.   45 ;  In  re  on  be- 
SherwooJ,  8  Beav.   338);    though,   semhie,    it  would    he  J°^^^j.^J 
difficult  for  a  solicitor  to  maintain  such  special  contract, 
where  the  client  had  no  independent   advice  (Moore  v. 
Froivd)  ;  or  at  least  was  not  expressly  informed  by  the 
solicitor  of  the  rule  of  law.     In  In  re  Sheriuood,  the  deed 
was  settled  by  counsel  on  behalf  of  the  client  and  cestui- 
que-trust.     In  Gorrdey  v.  Wood,  3  J.  &  L.  678,  a  deed 
executed  by  a  client  for  securing  a  solicitor  trustee  his 
costs,  without  independent  legal  advice  or  information  of 
his  rights,  "svas  set  aside,  although  the  client  had  admitted 
his  liability    in    correspondence,  and   had  petitioned   for 
taxation.  Where,  in  a  general  account  and  release  between 
a  solicitor  trustee  and  his   cestui -que -trust,  the   former 
took  credit  for  bills  of  costs  for  professional  services,  the 
release  was  upheld,  the  cestui -que-trust  having  had  inde- 
pendent advice  (Stanes   v.  Parker,   9    Beav.  385)  ;   but 
secus    where   the    cestui-que-trust   had   no   independent 
advice  (Todd  v.  Wilso7i,  ibid.  486  ;  and  see  In  re  Wyche, 

II  Beav.  209). 

The  ordinary  clause  for  trustees'  indemnity  and  reim-  what 
bursement,  or  a  provision  for  retainer  by  trustees  of  costs  ^'°^^. 
"  incurred,  sustained,  or  borne"  by  them,  or  which  they 
might  "  sustain  or  be   put  to,"  Avill  not  give  a  trustee 
solicitor  profit  costs  (Moore  v.  Frowd,  8  My.  &   C.  45). 
Where  a  solicitor  executor   is  authorised  to  charge  for  Meaning 
"  profes-sional "   services,  that  means  strictly  professional,  fggf,i,|nai 
and   not   such    as   might   be  performed   by  an   executor  services. 
in  a  lay  capacity,  such   as  attendances   at  the  Bank  to 


390 


COSTS   AFFECTING   PARTICULAR   FERSONS. 


The  Court 
may  give 
solicitor 
trustee 
remunera- 
tion in 
special 
cases. 


The  rule 

applies 

only 

between 

trustee 

and 


receive    dividends,    &c.    {Harhin    v.    Darhy,    28    Beav. 
325). 

Semble,  the  Court  will,  under  special  circura.stances> 
make  an  order  allowing  a  solicitor  trustee  some  remunera- 
tion for  his  professional  services ;  but  the  application 
should  be  made  before  the  costs  are  incurred  {Ba'mhfigfje 
V.  Blair,  8  Beav.  588) ;  and  professional  charges  would 
not  be  given  (ibid.)  ;  and  see  MarsJiall  v.  Hollovjay, 
2  Swans.  453. 

The   rule  depriving   a    trustee  who   acts   as   his  own 

solicitor  of  profit  costs,  however,  applies  only  between  the 

trustee  and  his  ixdui-que-irud ;  and,  therefore,  as  against 

persons    unsuccessfully    impeaching    the    trust    deed    a 

ccstid-quc-  trustee  in  such  a  position  will  be  entitled  to  full  costs 

"■"'^-         {Piacev.  Bc'ittle,  2  N.  R  54C ;  11  W.  R  979).     So  a 

solicitor   trustee   may  charge  Avith   costs   another   client 

who  advances  money  to  the  trust  estate  on  mortgage  ; 

see   Whitney  v.  Smith,  4  Ch.  513;    17  AV.  R.  579;  20 

L.  T.  468. 

Solicitor  It  has  been  held  also  that  a  solicitor  mortgagee  defend- 

mortga^'ce  jj^g  jjjg  ^{Wq  to  the  mortgaged  property  will  be  entitled,  as 

himself.      against  the  mortgagor  and  subsequent  incumbrancers,  to 

^'^■'^■T^^-'^^^-^-^vo^i^  out  of  pocket  only,  if  he  acts  for  himself  {Midcr  v. 

WA.-f«.«,iu,Sc7:        Gottam,'^  Jur.  N.  S.  G30  ;  5  W.  R  744).     In  Price  v. 

^j^//^^uL366.        M'Beih,  12  W.  R.  818,  Y.  C.  Stuart  held  that  objections 

to  allowing  profit  costs  to  a  solicitor  mortgagee  should  be 

taken  at  the  hearing,  and  that,  in  the  absence  of  special 

directions,  the  Taxing  Master  was  bound  to  tax  in  the 

usual  way;  but  see  ante,  p.  388. 

Where  The  Court  has   power,  under  its   general  jurisdiction 

payl'coSs   °^'®^'  solicitors   as  officers  of  the  Court,  to    make   them 

personally,  personally  answerable  for  the  costs  of  proceedings  taken 

a  party  to   without  authority,  or  for  malfeasance  or  neglect  in  the 

the  pro-      conduct  of  their  clients'  business. 

CCGClill*''S. 

i  Where  "^^  ^'^  ^^^®  practice  and  the  costs  payable  by  the 
he  acts  solicitor,  when  proceedings  are  instituted  by  him  without 
authority,    authority,  or  without  proper  authority,  see  ante,  pp.  8G — 8[>., 


COSTS    OF   AND    EELATING   TO    SOLICITORS.  391 

where  the  cases  are  collected.  The  liability  to  pay  the 
defendant's  costs  in  such  a  case  is  a  liability  incurred 
by  means  of  a  fraud  within  the  49th  section  of  the  Bank- 
ruptcy Act,  1SG9  (Jenkins  v.  Fereday,  L.  R.  7  C.  P. 
358).  As  to  what  is  sufficient  retainer,  see  ante,  p.  89. 
Although  a  defendant,  for  whom  a  solicitor  has  assumed 
to  act  without  a  retainer,  takes  no  step  to  have  his  name 
struck  out,  that  is  not  equivalent  to  a  retainer  {Hall  v. 
Laver,  1  Ha.  571)  ;  but  a  solicitor  under  those  circum- 
stances may  be  entitled  to  his  costs  if  there  are  funds 
coming  to  the  party,  on  the  principle  that  it  is  inequitable 
for  him  to  take  the  benefit  of  the  suit  without  bearing  the 
expenses  of  it  {ihid. ;  and  see  Bwrge  v.  Brutton,  2  Ha. 
373 ;  12  L.  J.  Ch.  3G8).  The  solicitor,  however,  in  that 
case  will  have  no  personal  remedy,  but  merely  a  lien  on 
the  funds  (ibid.).  The  solicitors  of  a  company,  if  they  act 
in  business  relating  to  matters  which  are  ultra  vires  as  to 
the  company,  are  to  that  extent  the  solicitors  of  the 
directors  only  {Be  Phoenix  Life  Assurance  Company,  1  H. 
&  M.  433  ;  2  N.  R.  548),  Where  a  solicitor  made  a  motion  or  the 
in  the  name  of  a  married  woman  without  a  next  friend,  it  f,j°g^^i.J 
was  dismissed  with  costs,  to  be  paid  by  the  solicitor  {Pearse  irregular. 
v.  Cole,  16  Jur,  214).  And  where  a  bill  was  filed  by  persons 
assuming,  without  title,  to  sue  in  a  corporate  capacity,  it 
was  taken  off  the  file  with  costs,  but  against  the  town 
agent  only,  not  the  country  solicitor  {Burgesses  of  Ruthin 
V.  Adams,  7  Sim.  345). 

In  Cockle  v.  Whiting,  1  R.  &  M.  43,  it  was  said  that  if  a'ii.  Where 
bill  which  is  dismissed  at  the  hearing  with  costs,  be  so  ceecUn°3 
vexatious  and  frivolous  that  it  cannot  have  been  instituted  ^^''^  ^}°^ 
bond  fide,  and  the  plaintiff  is  out  of  the  jurisdiction,  the 
Court   would   compel  the  plaintiff's   solicitor  to  pay  the 
taxed  costs.     And  upon  an  application  by  a  client  to  tax 
his  solicitor's  costs  the  solicitor  will  be  disallowed  the  costs 
of  a  litigation  upon  which  he  advised  his  client  to  enter 
when  he  knew  or  ought  to  have  known  that  he  could  not 
possibly  be  successful  {Re  Sheriuood  (C.  A.),  17  S.  J.  146). 


392      COSTS  AFFECTING  PARTICULAR  PERSONS. 

Where  a  false  plea  was  put  in  for  purpose  of  delay,  it  was 
ordered  to  be  taken  off  the  file  with  costs  against  the 
solicitor  who  gave  instructions  for  it  {Aubrey  v.  AHpinall, 
Jac,  441).    In  an  interpleader  suit,  where  the  plaintiff  was 
colluding  with  one  of  the  defendants,  the  other  defendants' 
costs,  as  between  solicitor  and  client,  were  ordered  to  be 
or  in  case    paid  by  the  plaintiff  and  his  attorney  {Duv.rjey  v.  Angove, 
Wnceof  2   Ves.  Junr.  304,  313).     A  bankruptcy  petition,  being 
solicitor,      vexatious  and  frivolous,  and  though  presented  in  another's 
name,  really  for  the  attorney's  private  advantage,  was  dis- 
missed with  costs  against  the  attorney  {In  re  Cuthhert, 
,  1    Mad.    78).       Where   the    action   was   frivolous,   vexa- 
tious, and  an  abuse  of  the  process  of  the  Court,  proceed- 
ings were  stayed,  and  the  jDlaintiff's  solicitor  ordered  to 
pay  the  defendant's  costs  as  between  solicitor  and  client 
{Tilney  v.  StansfehJ,  W.  N.  (1880),  77  ;  28  W.  R  582). 
Where  an  illiterate  person,  having  become  the  purchaser  of 
property  under  a  decree,  retained  the  vendor's  solicitor,  by 
whom,  though  the  report  was  against  the  title,  he  was 
attached  for  non-payment  of  the  purchase  monies,  the 
contract  was  cancelled  on  motion,  and  all  the  costs  were 
ordered  to  be  paid  by  the  soUcitor  {Bromage  v.  Davies, 
4  Jur.  N.  S.  682).     Again,  where  a  solicitor  having  been 
discharged  by  the  infant  plaintiff's  mother,  by  whom  he 
had  been   retained,  nevertheless   appointed  a  new  next 
friend  in  place  of  the  former  one  who  was  dead,  and  went 
on  with  the  suit,  he  was  charged  with  the  costs  of  a  motion 
to  change  the  next  friend,  and  of  the  appointment  of  a 
new  one  {Lander  v.  IngersoU,  4  Ha.  596).     But  to  make 
a  solicitor  pay  the  costs  of  improper  proceedings  he  must 
be  guilty  of  misconduct  in  the  matter  sought  to  be  set 
aside  {In  re  Greg,  9  Eq.  137).     A  solicitor  who,  knowing 
that  money  in  court  belongs  to  one  person  gets  it  out  for 
another,  will  be  personally  liable  {Ezart  v.  Lister,  5  Beav. 
585)  ;    and   it  is  enough,   if  he    knows  of  circumstances 
which  duly  considered  would  lead  him  to  the  knowledge 
{ibid.) ;  and  see  Todd  v.  Studholme,  3  K.  &  J.  341 ;  Be 


COSTS    OF   AND    RELATING   TO    SOLICITORS.  893 

Spencer,   39    L.  J.    Ch.  841;    18   W.    R.  240;  21  L.  T. 
808. 

So   also  in   cases    of  scandal   tlic    Court   has   ordered  iii-  In 

.       -,  ,  cases  of 

the  solicitor  to  pay  costs ;  see  the  cases    cited  ante,  p.  scandal. 
38. 

The  Court  may  also  direct  the  solicitor  of  one  of  the  iv.  In 
parties  to  pay  to  another  party  the  costs  occasioned  by  his  ^g^igence 
ne^lisence  in  the  conduct   of  his  client's  business.     See  between 

,,.„.,.     third  par- 

Faiukes  v.  Pratt,  1  P.  W.  592,  where  the  bill  omitted  to  ties  and 
pray  process  against  some  of  the  defendants,  and  a  demurrer  solicitor. 
having  been  consequently  allowed  for  want  of  parties,  the 
costs  were  ordered  to  be  paid  by  the  solicitor  personally, 
the    plaintiff    beiug    a    poor   man ;    Courtney  v.  StocJi, 
2  Dr.  &  W.  251,  where  a  solicitor  was  ordered  to  pay  the 
costs  of  the  day,  in  consequence  of  his  non-attendance  in 
Court  when  the  cause  was  called  on ;  Ee  Gommonwecdtli 
Land  Co.,  29  L.  T.  502,  where  a  solicitor  issued  a  fi.  fa. 
for    costs    contrary   to    good    faith,   and   was    ordered    on 
motion   to  pay  the  costs  of  the    execution   and    of  the 
motion;    Russ  v.    Wood,   2  Dr.   &  Wal.  490,  where  the 
solicitor   vexatiously   refused    to    accept   service   for   his 
client;    O^Riovdan  v.    Riordan,   Ir.  R.    10    C.   L.    547, 
where  a  solicitor  vexatiously  refused  to  accept  a  banker's 
draft  in  payment  of  rent ;  Taylor  v.  Gorman,  4  Ir.  Eq. 
R.  550,  where  a  solicitor  misdescribed  a  lease  sold  by  the 
Court;    WJdte  v.   Hillacre,  3  Y.   &  C.  278,  in  the  Ex- 
chequer, where  a  solicitor  was  charged  with  the  costs  of 
an  application  rendered  necessary  by  his  own  delay  and 
mistake ;  and  Re  Hogan,  3  Atk.  812,  where  a  petition  on 
Avhich  affidavits  had  been  sworn  before  the  solicitor  him- 
self was  dismissed  with  costs  to  be  paid  by  the  solicitor. 
By  Cons.  Ord.  XXL,  r.  12,  if  a  cause  is  struck  out  for  waut 
of  papers,  the  plaintiff's  solicitor  may  be  ordered  to  pay  the 
costs    occasioned    to    the    adverse    parties.      In   Birch  v. 
Williants,  24  W.  R.  700,  where  a  bill  liad  been  dismissed 
with  costs  through  the  plaintiff's  solicitor  having  neglected 
to    instruct   counsel   or  deliver    papers,   the   cause   was 


394 


COSTS  AFFECTING  PARTICULAR  PERSOKS. 


Solicitor 
may  bo 
made  an- 
swerable 
for  negli" 
genee  by 
action. 


Where  the 
solicitor 
has  given 
a  iiersonal 
undertak- 
ing ; 


restored,  and  the  solicitor  was  ordered  to  pay  the  costs  of 
the  day,  and  of  the  appHcation  to  restore. 

It  was  formerly  doubted  whether  the  Court  had  power 
under  its  general  jurisdiction  to  charge  a  solicitor,  as 
between  himself  and  his  client,  with  loss  occasioned  to  the 
latter  by  the  solicitor's  negligence  in  the  conduct  of  a  suit; 
see  British  Mutual  SocU'tt/  v.  Cohhold,  19  Eq.  627  ; 
Franldand  v.  Lucas,  4  Sim.  586  ;  Mare  v.  Lewis,  Ir.  R. 
4  Eq.  219,  where  the  jurisdiction  was  denied;  contra, 
Dixon  V.  }Y'dh'inson,  4  De  G.  &  J.  508 ;  Chaiwian  v. 
Chapman,  9  Eq.  276. 

Under  the  present  practice  the  proper  remedy  of  the 
client  is  an  action  for  negligence  against  the  solicitor ;  see 
Whiteman  v.  Haivldns,  4  C.  P.  D.  13  ;  27  W.  R.  262  ;  39 
L.  T.  629  ;  The  Papa  de  llossle,  3  P.  D.  160;  27  W.  R. 
367.  A  solicitor  cannot  contract  himself  out  of  his 
liability  for  negligence  by  any  agreement  under  the  At- 
torneys' and  .Solicitors'  Act,  1870;  see  section  7  of  the 
Act,  2^08t,  p.  419.  Where  a  fund  in  an  administration 
suit  had,  through  the  negligence  of  the  plaintiff's  solicitor, 
been  distributed  amongst  the  creditors  without  regard  to 
the  rights  of  a  mortgagee,  the  Court,  in  a  suit  instituted 
for  the  purpose,  directed  the  creditors  to  refund  j^wo  rata, 
and  the  solicitor  to  make  good  the  deficiency,  if  any,  and 
pay  the  costs  of  the  suit  {Todd  v.  Studholme,  3  K.  »&;  J. 
341) ;  and  the  solicitor  had  to  pay  the  costs  of  a  suit 
occasioned  by  his  negligence  or  misconduct,  in  taking  an 
insufficient  security  for  his  client  {Craig  v.  Watson,  8 
Beav.  427).  Negligence  will  also  be  a  good  answer  to  the 
claim  of  a  solicitor  against  his  client's  estate  in  an  admin- 
istration suit  for  the  costs  of  a  suit  which  failed  through 
his  default  {Stol-es  v.  Trumper,  2  K.  &  J.  232;  but  the 
case  was  compromised  on  appeal). 

Lastly,  a  solicitor  may  become  liable  in  costs,  on  the 
grounds  of  a  personal  undertaking  by  him.  See  Cook  v. 
Broomhead,  16  Ves.  133,  where  a  solicitor,  having  under- 
taken to  appear  for  a  defendant  at  the  bearing  and  not 


COSTS   OF   AKD    RELATING   TO   SOLICITORS.  395 

having  done  so,  was  ordered  on  motion  to  pay  the  plaintiffs 

the  costs  occasioned  by  the  defendant  not  appearing,  and 

the  costs  of  the  aijplication.    "  Tlie  difterence  is  where  the 

party  thus  undertaking  for  and  on  behalf  of  his  client  has 

an  authority  so  to  do,  and  where  he  has  not.     If  such 

undertaker  has  no  authority,  then  it  is  a  fraud,  and  the 

undertaker  ought  himself  to  be  liable.     But  where  there 

is  such  an  authority  (as  here  there  was)  to  the  attorney, 

this  is  only  acting  for  another,  like  the  case  of  a  factor  or 

broker  acting  for  principals,  who  were  never  held  to  be 

liable  in  their  own  capacities  "  (per  L.  C.  Talbot,  Johnson 

V.  Ogilbi/,  3  P.  W.  278  ;  and  see  In  re  Williams,  12  Beav. 

510).     A  personal  undertaking  by  a  solicitor  to  pay  costs 

may  be    enforced    by   the    summary  jurisdiction  of  the 

Court  (GilhcH  v.  Coo'per,  15  Sim.  343  ;  11  L.  T.  (Old  S.) 

169)  ;  but  not  if  the  payment  of  the  costs  is  only  one  of 

the  terms  of  a  compromise  (S.  C.  on  appeal,  17  L.  J.  Ch. 

265). 

Where  a  solicitor  agrees  to  indemnify  the  plaintiff  in  a  or  agrees 
suit  against  the  costs  and  has  the  control  of  tlie  suit,  he  j^^jy  j^j^ 
will  be  ordered  to  pay  the   defendants  their  costs  of  suit  client 

^     '^  against 

when  dismissed  {Re  Jones,  6  Ch.  497  ;  S.  C.  sub.  nam.,  costs. 
Fielden  v.  KortJtern  Ry.  of  Buenos  Ayves,  40  L.  J.  Ch. 
113  ;  18  W.  R  729  ;  19  W.  B.  361 ;  22  L.  T.  511 ;  23  L. 
T.  655  ;  GocUe  v.  Whiting,  1  B.  &  M.  43). 

Where  the  solicitor  gave  the  relator  in  a  charity  infor- 
mation an  indemnity  against  costs,  the  information  was 
ordered  to  be  taken  off  the  file  with  costs  against  the 
relator  and  the  solicitor  {Attorney-General  v.  Skinners'' 
Go.,  C.  P.  C.  7).  As  to  agreements  between  solicitor  and 
client  as  to  costs,  see,  j'^ost.  Chap.  VII. 

An  agreement  to  indemnify  the  plaintiff  against  costs 
in  consideration  of  receiving  a  share  of  the  property  re- 
covered in  the  suit,  will  amount  to  champerty  and  main- 
tenance {Hilton  V.  Woods,  4  Eq.  432  ;  Harrington  v.  Long, 
2  My.  &  Ke.  590  ;  and  see  Re  Attorneys  Act,  1870,  1  Ch, 
D.  573  ;  44  L.  J.  Ch.  47 ;  24  W.  B.  38 ;  post,  p.  422. 


39G 


COSTS    AFFECTING    PARTICULAR    PERSONS. 


i.  Costs  of 

trustees, 

&c.,  in 

suits 

between 

themselves 

and 

strangers. 

Where 
trustees 
are  plain- 
tiffs. 


^Yhere 
trustees 
are  de- 
fendants. 


Costs  of 
trustees 
under  a 
void  deed 


Sect.  XIII. — Costs  of  Trustees,  Executors,  and 
A  dministrators. 

In  suits  between  themselves  and  persons,  strangers  to 
the  trust,  executors,  administrators,  and  trustees,  suing  in 
that  character,  are  in  no  better  position  as  to  costs  than 
parties  suing  in  their  own  right  {Westley  v.  Williamson,2 
Mol  458 ;  Hill  v.  Magan,  ihid.  4G0  ;  Elsey  v.  Lutijens,  8 
Ha.  165 ;  Rennie  v.  Massie,  L.  R.  1  P.  &  D.  118;  and  seeder 
Lord  Northington,  Burgess  v.  Wheate,  1  Ed.  251).  There- 
fore a  vendor's  bill  for  specific  performance  was  dismissed 
with  costs,  although  the  plaintiffs  were  only  trustees  for 
sale  {Edwards  v.  Harvey,  G.  Coop.  39) ;  and  see  Ex  parte 
Angerstein,  9  Ch.  479  ;  Ex  parte  Royle,  20  Eq.  780;  Pitts 
V.  La  Fontaine,  6  App.  Cas.  482  ;  Marhella  Iron  Co.  v, 
Allen,  38  L.  T.  815  ;  Ex  parte  Forder,  In  re  Sparks,  W. 
N.  (1881)  117.  And  where  a  litigant  dies,  and  his  exe- 
cutor obtains  an  order  authorising  him  to  continue  the 
suit,  he  renders  himself  personally  liable  for  the  costs 
(Boynton  v.  Boynton,  4  App.  Cas.  733  ;  27  W.  K  141,  825 ; 
Horloch  V.  Priestly,  8  Sim.  621),  If  trustees  become 
entitled  to  costs  against  strangers,  such  costs  will,  as  a  rule, 
be  taxed  as  between  party  and  party  only  ;  in  some  very 
special  cases,  however,  the  trustees  have  received  their  costs 
as  between  solicitor  and  client  (see  Turner  v.  Collins,  12 
Eq.  438,  and  the  other  cases  cited,  post,  p.  402).  Residuary 
legatees  in  trust  were  not  allowed  costs  as  between  solici- 
tor and  client  as  against  the  executrix,  who  was  sued  in 
that  character,  though  she  Avas  also  tenant  for  life  of  the 
residue  {Hearn  v.  ^Yells,  1  Coll.  323). 

But  where  trustees  are  brought  iato  Court  in  a  suit  to 
determine  the  rights  in  a  fund,  they  will  be  allowed  costs 
out  of  it,  although  they  make  a  claim,  if  it  is  merely  by 
way  of  submission  to  the  Court  {Rashley  v.  Masters,  1  Ves. 
Juu.  201,  205).  In  Elsey  v.  Cox,  26  Beav.  95,  the  Court, 
on  setting  aside  a  voluntary  settlement,  as  void  against 
creditors,  held  that  the  utmost  it  could  do  was  to  make 


COSTS   OF   TRUSTEES,   EXECUTORS,    ETC.  397 

the  decree  against  the  trustees  without  costs ;  and  see 
Toivnsend  v.  Westacott,  4  Beav.  58;  Elsey  v.  Lid  yens,  8 
Ha.  159,  1G4  ;  Crossley  v.  Elwovthy,  12  Eq.  158,  But  in 
Goldsmith  V.  Russell,  5  De  G.  M.  &  G.  556,  the  costs  of 
all  parties,  except  the  settlor,  were  allowed  out  of  the 
funds  ;  and  see  Ponsford  v.  Widnell,  W.  K  (18G9)  81 ; 
and  Adames  v.  Hallett,  G  Eq.  468;  18  L.  T.  789,  where 
the  plaintiffs'  costs  had  priority.  In  Tiivquand  v.  Knight, 
14  Sim.  648,  the  trustee  had  made  himself  a  party  to  the 
fraud  b}'-  signing  a  false  receipt  on  the  deed,  and  was 
allowed  no  costs,  but  did  not  pay  any  ;  and  see  Pvideaux 
V.  Lonsdale,  1  De  G.  J.  &  S.  433,  439,  overruling  on  this 
point,  S.  C.  4  Giff.  159.  Where  the  trustee  had  also  a 
beneficial  interest,  and  insisted  on  the  validity  of  the  deed, 
he  had  to  pay  costs  {Irivin  v.  Rogers,  12  Ir.  Eq.  R.  159) ; 
and  see  Tanqueray  v.  Boivles,  14  Eq.  151 ;  Smith  v.  Dresser, 
35  Beav.  378  ;  1  Eq.  651,  where  the  trustee  insisted  on 
his  right  to  retain  his  costs  and  expenses,  and  had  to  pay 
all  the  costs  of  a  suit  to  make  him  give  up  the  property  ; 
Mackay  v.  Douglas,  14  Eq.  106,  where  the  trustees  actively 
supported  the  settlement,  and  they  and  the  settlor  were 
made  jointly  liable  for  the  costs ;  Ex  iiarte  Russell,  in 
re  Butterivorth,  W.  N.  (1882),  26.  Where  the  trustee, 
under  a  fraudulent -assignment  of  an  annuity,  was  also 
trustee  under  the  instrument  creating  it,  and  a  necessary 
party  in  that  character,  he  was  allowed  his  costs,  and 
directed  to  retain  them,  in  default  of  payment  by  the  in- 
solvent, out  of  the  annuity  (Norcutt  v.  Dodd,  Or.  &  Ph. 
100).  And  where  a  conveyance  by  the  trustee  was  asked 
for,  he,  being  treated  as  a  trustee  to  that  extent,  was 
allowed  his  costs  {Snovj  v.  Hole,  cited  in  Lewin  on  Trusts, 
7th  ed.  p.  848).  In  a  suit  by  a  purchaser  to  have  a  volun- 
tary settlement  delivered  up  to  be  cancelled,  no  costs  were 
given  to  the  cestuls-que-trust,  but  the  trustees  had  theirs 
from  the  plaintiff,  who  had  them  over  from  the  settlor 
(Daking  v.  Whinii^er,  26  Beav.  568).  In  Cohnan  v.  Barrel, 
1  Ves.  Jun.  50,  the  deed  was  supported,  but,  tlie  transac- 
tion not  being  meritorious,  the  trustee  was  not  allowed  any 


398 


COSTS   AFFECTING   PATlTTCTILAR   TERSOKS. 


As  be- 
tween 
executors 
and 
creditors. 


ii.   As 

between 

trustees, 

&c. ,  and 

their 

cc.ituis- 

quc-irust. 


costs.  Where  the  right  to  relief  was  not  dispnted,  the 
costs  were  ordered  to  be  paid  out  of  the  settled  property 
{Thompson  v.  Milligan,  18  L.  T.  809). 

As  between  themselves  and  creditors,  however,  executors 
and  administrators  are  entitled  to  their  full  costs,  charges, 
and  expenses  out  of  the  estate  in  priority  to  the  payment 
of  debts,  though  the  estate  is  insolvent  (see  the  cases  cited 
ante,  p.  200).  But  if  they  improperly  deny  assets,  they 
may  be  postponed  to  the  creditors'  debts  and  costs  (Lodge 
V.  Pritchard,  4  Gifif.  294). 

A  personal  representative  who  has  distributed  the  assets 
under  22  &  23  Vict.  c.  35,  s.  29,  ought  to  give  an  unpaid 
creditor  full  information  as  to  the  parties  among  whom  he 
has  so  distributed  them  ;  and  if  he  has  not  given  such 
information  before  suit  instituted  by  the  creditor,  he  will 
be  refused  the  costs  of  defending  himself  and  claiming  the 
protection  of  the  statute  (Re  Lindsay,  Ir.  R.  8  Eq.  61). 

As  between  trustees  and  cestids-que-triist,  the  former 
are  ordinarily  allowed  their  costs  of  suit  as  between 
solicitor  and  client,  and  in  addition  thereto  any  other 
costs,  charges,  and  expenses  properly  incurred  by  them  in 
the  execution  of  their  trust,'  or  the  administration  of  their 
estate,  upon  the  suggestion  of  counsel  that  any  such  have 
been  incurred  (1  Sm.  Ch.  Pr.  1074  :  and  Bradshaw  v. 
Bradshav:,  cor.  V.  C.  Kindersley,  there  referred  to  in 
note  4)  ;  and  the  case  must  be  supported  before  the 
Taxing  Master.  Strictly  speaking,  the  charges  and  ex- 
penses of  trustees  are  not  "costs"  at  all,  and  the  words 
are  used  because  they  include  items  which  are  not  costs. 
They  are  not  like  the  ordinary  costs  of  an  action  in  the 
mere  ordinary  discretion  of  the  Court ;  and  to  deprive  a 
trustee  of  his  charges  and  expenses,  has  been  termed  a 
"violent"  exercise  of  the  Court's  discretion.  The  Court 
can  deprive  a  trustee  of  them  for  gross  misconduct,  but 
that  is  all.  An  order  directing  payment  of  a  trustee's 
costs,  charges,  and  expenses  out  of  a  particular  fund  is, 
therefore,  not  within  section  49  of  the  Judicature  Act,  and 
may  be  appealed  from  {In  re  Chennell,  Jones  v.  Chennell, 


COSTS   OF   TRUSTEES,    EXECUTORS,    ETC.  390 

8  Ch.  D.  492  ;  47  L.  J.  Ch.  583 ;  2G  W.  R  595  ;  88  L. 
T.  494).  The  Court  deals  liberally  id  this  matter  with  a 
trustee  acting  bond  fide  {Courtney  v.  Rumleij,  Ir.  R.  0  Eq. 
99;  Ryan  v.  Msbitt,  W.  N.  (1879),  100).  "Nothing 
ought,  I  think,  to  be  adhered  to  more  sacredly  than  tlie 
general  principle,  which  is  that  a  trustee  or  executor 
having  done  his  duty,  having  faithfully  accounted,  and 
having  broiight  forward  the  estate  committed  to  his  charge, 
should  not  be  deprived  of  his  costs  upon  light  grounds  " 
(l^er  Lord  Westbury,  in  BiA'sv.  MicJdefhiuaif,  34  L.  J.  Ch. 
364).  By  R.  S.  C,  Order  LV.  r.  1,  the  right  of  a  trustee  to 
costs  out  of  a  particular  estate  or  fund  to  which  he  would 
be  entitled  according  to  the  rules  of  Courts  of  Equity  is 
expressly  preserved.  For  an  instance  of  trustees  being 
allowed  special  costs  under  very  peculiar  circumstances, 
see  Mostyn  v.  Emanuel,  W.  N.  (1876),  287.  For  the 
form  of  the  order,  see  Seton,  481,  where  the  form  of  an 
enquiry  whether  any  extra  charges  and  expenses  have 
been  incurred  is  also  given.  The  trustee  will  be  allowed 
his  usual  costs,  although  he  is  a  bankrupt  {Turner  v. 
Mullineux,  9  W.  R  252;  3  L.  T.  687;  Bowyer  v. 
Griffi^n,  9  Eq.  340  ;  39  L.  J.  Ch.  159  ;  18  W.  R.  227) ;  and 
trustees  invalidly  appointed  but  who  had  acted  bond  fide, 
believing  themselves  duly  appointed,  were  allowed  their 
costs,  charges,  and  expenses,  in  the  usual  way  {Travis  v. 
Illimjvjorth,  W.  N.  (1868),  206).  A  bankrupt  executor's 
costs  up  to  the  time  of  his  bankruptcy  will  be  set  off  against 
a  sum  due  from  him  to  the  estate,  but  not  his  subsequent 
costs  (see  ante,  p.  190,  and  the  cases  there  cited).  A 
trustee  under  a  void  instrument  which  passes  no  trust- 
fund  cannot  have  costs  as  between  solicitor  and  client 
{Mohim  V.  Mokun,  1  Swans.  201,  where  the  bill  was  filed 
to  establish  a  will  of  personalty,  which  the  Court  held  to 
be  void  ;   and  see  Daking  v.  Whimper,  26  Beav.  568), 

Trustees,  &c.,  have  a  lien  on  the  trust  funds  or  estate  Trustees 
for  their  proper  costs,  charges,  and  expenses  {Attorney-  \i\^^^^ 
General  v.  Mayor  of  Korwich,   2  My.  &  C.   406,  424  ;  the  trust 

estate  for 


400 


COSTS   AFFECTING   PARTICULAR   PERSONS. 


their  costs,  Pavsons  V.  Spooner,  5  Ha.  102,  110  ;  and  see  Statute  22 
am/ex-'  ^'^  ^"^  Vict.  c.  .35,  s.  31).  And  where  a  married  woman's 
penses.  suit  against  lier  trustees  was  dismissed  with  costs  so  far  as 
related  to  an  alleged  breach  of  trust,  the  next  friend 
proving  insolvent,  the  trustees  were  allowed  to  retain  their 
costs  of  suit  out  of  the  income  under  the  powers  of  re- 
imbursement in  the  settlement  {D'OecJisner  v.  Scott, 
24  Beav.  239).  So,  where  the  estate  was  being  adminis- 
tered b}'  the  Court,  consignees  and  receivers  appointed  by  it 
were  allowed  advances  made  by  themin  excessof  the  income, 
out  of  the  corpus  of  the  property  {Morison  v.  Morison, 
7  De  G.  M.  &  G.  214).  "  These  payments  must  be  looked 
on  as  payments  made  in  the  proper  administration  of  the 
trust  for  the  protection  and  preservation  of  that,  which 
was  to  be  protected  and  preserved,  until  it  should  be  con- 
verted into  money.  They  must  be  treated  as  having 
been  made  in  execution  of  a  money  trust,  and  it  is 
impossible  to  permit  the  trust  property  to  be  enjoyed 
by  any  persons  beneficially  under  the  trust  without  making- 
good  the  expenditure  and  advances  bond  fide  made  in 
execution  of  the  trust  under  the  authority  of  the  Court, 
whose  duty  it  was  to  direct  how  the  trusts  were  to  be 
executed  "  {Ihld.  p.  224,  22G  ;  Re  Eo:ha.ll  Coal  Co.,  3.5  Beav. 
449).  But  where  an  estate  was  vested  in  a  legal  tenant 
for  life,  with  remainder  to  trustees,  in  trust  to  sell,  it  was 
held  that  the  trustees  had  no  lien  on  the  estate  for  the 
expenses  of  an  abortive  sale,  attempted  with  the  appro- 
bation of  the  cestuis-que-trust,  some  of  whom  were  under 
disability  {Leedham  v.  Chmvner,  4  K.  &  J.  458).  A  power 
in  trustees  to  raise  by  mortgage  a  fixed  sum,  implies  a  power 
to  raise  also  the  incidental  costs  of  the  mortgage  (Armstrong 
X.Armstrong,  18  Eq.  541).  A  trustee  acting  bond  fide  in 
concurrence  with  the  heir  at  law  under  a  will  as  to  real 
estate,  which  was  supposed  to  be  valid,  but  proved  to  be 
invalid,  was  held  to  be  entitled  to  be  indemnified  out  of 
the  personal  estate  (Edgecumbe  v.  Carpenter,  1  Beav. 
171).      But   charity   trustees,   having   several   properties 


Where 
there  are 
no  funds. 


COSTS    OF   TRUSTEES.    EXECTTOI^s.    ETC  401 

vested  in  them,  cannot  indemnify  themselves  out  of  one 
for  expenses  incurred  with  respect  to  others  {Attorney- 
General  V.  Grainger,  7  W.  R.  (i84)  ;  nor  destroy  all  the 
trusts  for  the  sake  of  recouping  themselves  expenses 
properly  incurred  {Darke  v.  Williamson,  25  Beav.  622). 
And  where,  on  an  ex  officio  information  by  the  Attorney- 
General,  a  charity  estate  was  held  to  be  lost  through 
breach  of  condition,  the  trustees  could  get  no  costs  either 
from  the  Attorney-General  or  out  of  the  estate  {Attorney- 
General  \\  Grainger).  In  Attorney-General  v,  Cuming,  2 
Y.  &  C.  C.  C.  139,  155,  where  the  subject  of  the  trust  was 
an  advowson  and  there  were  no  funds,  trustees  (defendants) 
were  allowed  costs  from  their  cestuis-que-trust  (plaintiffs) 
personally ;  and  see  Edenborough  v.  ArcJihisliop  of  Canter- 
bury, 2  Russ.  112;  Turner  v.  Collins,  12  Eq.  438; 
40  L.  J.  Ch.  614 ;  25  L.  T.  264,  varied  on  appeal  on  the 
merits,  7   Ch.   629 ;    41   L.  J.  Ch.  558  ;  20  W.  R.  305  ; 

25  L.  T.  779.     An  administrator  ad  literii  is  entitled  to  costs  of 
his  costs  out  of  the  fund,  if  there  is  one,  or,  in  default,  a"  ^'^I'li- 

nistrator 

from  the  plaintiff  personally  {Kash  v.  Dillon,  1  Mol.  236  ;  ad  litem 
Nicholson   v.   Falkiner,  ibid.   555).     A  trustee  will  be 
allowed  the  costs  of  opposing  a  bill  in  Parliament  which 
affects    the   trust    estate    {Re  NicolVs    Estates,   W.    N. 
(1878),  154). 

Where  a  widow  on  the  death  of  her  husband  abandoned  How  the 
a  suit  by  her  husband  and  herself,  the  executors  were  enforced 
allowed  to  enforce  their  lien  for  their  costs  by  a  supple- 
mental bill  {Jackson  v.  Woolley,  12  Sim.  12).  But  where 
a  trustee,  defending  separately,  died  before  the  hearing  on 
farther  directions,  a  petition  by  his  personal  representative 
for  payment  of  his  costs  out  of  the  funds  was  refused 
{Matins  v.  Greemvay,  7  Ha.  391).  In  that  case,  however, 
the  costs  were  partly  incurred  in  rebutting  charges  against 
him  otherwise  than  in  his  fiduciary  character  ;  but  see 
Walters  v.   Woodbridge,  7  Ch.  D.  504;  47  L.  J.  Ch.  516; 

26  W.  R.  469;  38  L.  T.  83,  reversing  S.  C.  below, 
20  W.  R.  520. 


402 


COSTS   AFFECTIXG   PARTICULAR   PERSONS. 


Disclaim- 
in.!,'  trustee 
entitled  to 
co^ts  as 
Letween 
party  and 
party  only, 


Costs 
of  dis- 
ciainiing 
trustees 
generally. 


Suit  may 
be  dis- 
missed 
against 
trustees 
with 
solicitoi" 
and  client 
costs. 


A  person  who  disclaims  the  trust  is  in  the  situation  of 
any  other  defendant,  and  can  have  costs  only  as  between 
party  and  party  {Norway  v.  Norway,  2  My.  &  K.  278 ; 
Heap  V.  Jones,  5  W.  R.  106 ;  BuReley  v.  Earl  of 
Eglinton,  1  Jur.  N.  S.  994;  Bray  v.  West,  9  Sim.  429, 
notwithstanding  Sherratt  v.  Beniley,  1  R.  &  M.  655,  which 
is  overruled).  Where  the  executrix  of  a  deceased  and 
sole  trustee  declined  to  receive  or  pay  any  dividends  on 
the  trust  stock,  she  was  allowed  out  of  the  fund  the  costs 
of  a  suit  for  the  appointment  of  new  trustees  and  a  transfer 
of  the  fund  {Lerjcj  v.  Mackrell,  2  De  G.  F.  &  J.  551,  over- 
ruling S.  C.  1  Giff.  165,  where  V.-C.  Stuart  said  he  would 
have  made  her  pay  costs,  but  that  the  bill  prayed  costs 
against  her).  But  a  trustee  disclaiming  should  not  put  in 
a  full  defence,  and  if  he  does  so,  he  will  not  be  allowed 
the  costs  of  it  (Martin  v.  Persse,  1  Mol.  146  ;  Murphy  v. 
0\SJ(ea,  2  J.  k  L.  431):  but  in  Benhoiv  v.  Davies, 
11  Beav.  360,  where  the  disclaiming  trustee  set  out  along 
correspondence  to  show  that  he  had  never  acted,  he  was 
allowed  the  costs  of  it  under  the  circumstances.  A 
person,  who  had  been  named  as  trustee  of  a  term  without 
his  authority,  on  being  called  on  to  disclaim  was  held 
entitled  to  receive  out  of  the  trust  funds  the  expenses  of 
taking  the  opinion  of  counsel  as  to  his  obligation  to 
execute  a  deed  of  disclaimer  {Re  Tryon,  7  Beav.  496). 

Where  a  suit  is  dismissed  with  costs  as  against  trustees 
the  Court  may  order  the  unsuccessful  party,  though  a 
stranger  to  the  trust,  to  pay  these  costs  as  between  solicitor 
and  client,  whether  there  is  any  fund  out  of  which  they 
may  be  paid  or  not ;  if  it  should  turn  out  that  he  is  unable 
to  pay  them,  they  must  come  out  of  the  fund  if  there  is  one. 
{Tarnev  v.  Co/Z/n-?,  12  Eq.  438  ;  40  L.J.  Ch.  614;  25  L.  T. 
264  ;  varied  on  appeal  on  the  merits,  7  Ch.  629 ;  41  L.  J. 
Ch.  558  ;  20  W.  R  305  ;  25  L.  T.  779 ;  Attorney-General  v. 
Cuming,  2  Y.  &  C.  C.  C,  139,  155  ;  Edenhorough  v. 
ArcJtbi'^hop  of  Canterhury,  2  Russ.  93  ;  bub  see  Saunders, 
Y.  .Saunders^  S  Jur.  N.  S.    727;    5  W.   R.  479,   where 


cofsT!^  OF  tru?;tf:es,  execftoks,  etc.  40B 

Kindersley,    V.-C,  said   that  where   there  was   no   fuiid 
trustees  could  only  hav^e  party  and  party  costs). 

Trustees  severing  in  their  defence  will  not  be  allowed  Trustees 
separate  sets  of  costs,  except  under  special  circumstances  ^heve  '^' 
(see  ante,  pp.  12-i — 126).     In  addition  to  the  cases  there  entitled  to 

.  '■  ^         ,  ,  separate 

Cited,  see  Mortimer  v.  Picton,  12  W.  R.  292,  as  to  the  sets  of 
costs  of  trustees  severing  where  one  imputes  misconduct  °°^  ^' 
to  the  other ;  Cummins  v.  Bromfielcl,  3  Jur.  N.  iS.  657, 
where,  in  a  hostile  legatee's  suit,  two  trustees  severing 
from  a  third,  who  was  the  sole  acting  trustee,  and  lived  in 
a  distant  part  of  the  country,  were  allowed  separate  costs  ; 
and  O'MaUey  v.  Blea.se,  17  W.  R.  952  ;  20  L.  T.  899,  where 
the  trustees  appeared  separately  at  the  request  of  the  plain- 
tiff, and  two  sets  of  costs  were  allowed.  As  to  the  costs  of 
executors  petitioning  in  a  w'rong  character,  see  Wilson  v. 
Maddison,  IG  W.  K  417.  A  trustee  who  refuses  to  join 
his  co-trustee  as  co-plaintiff  in  a  suit  properly  instituted  is 
not  entitled  to  costs  as  defendant  {Hnglies  v.  Key,  20  Beav. 
897  ;  Collyer  v.  Dudley,  T.  &  R.  421  ;  2  L.  J.  Ch.  O.  S.  15  ; 
and  see  Gompertz  v.  Kensit,  13  Eq.  3G9  ;  41  L.  J.  Ch.  882  ; 
20  W.  R.  818  ;  26  L.  T.  95) ;  although  the  suit  is  to  set  right 
a  breach  of  trust,  as  to  wdiich  the  defendant  trustee  is 
innocent  {Huyhes  v.  Key) ;  but  see  contra,  Blount  v. 
Barrovj,  3  Bro.  C  C.  90.  As  to  the  costs  of  a  trustee  not  Costs  of 
ioinino-  his  cestui -que-trust  as  co-plaintiff,  and  therefore  t^^f^e  not 

•>  's  -i  I  '  joining  Ills 

made  defendant,  see  the  rule  stated  ante,  p.  126.  Where  cestici-que- 
money  has  been  paid  into  Court  by  a  railway  company,  piahjttff.^''" 
and  the  cestui-que-trust  petitions  for  payment  out, 
making  the  trustee  a  respondent,  it  is  proper  for  the  trus- 
tee to  appear  by  separate  counsel  to  inform  the  Court  that 
the  order  is  correct,  and  the  company  must  pay  his  costs 
{Ex parte  Metropolitan  Ry.  Co.,W.  N.  (1868),  204;  16 
W.  R.  996).  Where  an  equitable  lessee  of  tithes  with  a 
right  to  call  for  the  legal  estate  filed  his  bill,  and  made 
the  rector  a  defendant,  the  latter  was  held  entitled  to  his 
costs  from  the  plaintiff,  as  there  was  no  express  or  implied 
agreement  that  the  lessee  should  use  the  rector's  name  : 

D   D   2 


40  [ 


COSTS  AFFECTING  PARTICULAR  PERSONS. 


'  Costs, 
charges, 
and  ex- 
penses," 
what  are. 


but  the  plaintiff  could  not  recover  the  rector's  costs  with 
his  own,  as  he  might  have  called  for  the  legal  estate 
before  instituting  the  suit  (miite  v.  Gardner,  1  Y.  &  C. 
385).  However,  in  suits  between  mortgagor  and  mortga- 
gees, it  would  seem  that  the  ordinary  rules  do  not  appl}', 
to  co-mortgagees,  or  a  mortgagee  and  his  trustees  severing 
in  their  defence  or  not  suing  jointly  (see  ante,  p.  233, 
and  the  cases  there  cited). 

In  Collis  V.  Rohins,  1  De  G.  »&  S.  131,  135,  it  was  con- 
ceded that  funeral  expenses  and  costs  of  probate  were  not 
included  in  "  costs,  charges,  and  expenses  ; "  nor  are  costs 
incurred  in  defending  other  suits  relating  to  the  estate 
instituted  against  the  executor,  in  that  character,  included 
{Payne  v.  Little,  27  Beav.  83)  ;  and  the  costs  of  rehear- 
inors  before  the  Lord  Chancellor  were  not  included  in 
costs  of  the  suit  as  between  solicitor  and  client  {Agaheg 
V.  Hartivell,  5  Beav.  271).  But  in  Graham  v.  Wichham., 
2  De  G.  J.  &  S.  497 ;  5  N.  R  202 ;  34  L.  J.  Ch.  220,  costs 
of  litigation  after  decree  were  allowed,  and  the  Court  con- 
sidered whether  such  costs  had  been  properly  incurred  ; 
and  see  ^Valters  v.  Woodbridge,  7  Ch.  D.  504  ;  47  L.  J. 
Ch.  51G  ;  26  W.  R  469 ;  38  L.  T.  83  ;  Fulton  v.  Andreiu, 
46  L.  J.  Ch.  131 ;  W.  N.  (1876),  203  ;  Re  Blight,  21 
W.  R  573.  As  to  the  meaning  of  the  term  "  executorshij) 
expenses"  in  a  will,  see  Sharp  v.  Lush,  10  Ch.  D.  468, 
and  cases  cited  ante,  p.  172.  The  mere  fact  that  a  trus- 
tee has  been  unsuccessful  in  litigation,  whether  as  plaintiff 
or  defendant,  does  not,  in  the  absence  of  misconduct,  dis- 
entitle him  to  be  reimbursed  his  costs  {Courtney  v, 
Runiley,  Ir.  R.  6  Eq.  99).  Where  a  trustee  was  about 
to  be  discharged,  and  instructed  his  solicitor  to  prepare 
the  proper  deeds  of  release,  but  on  discovering  that  a 
breach  of  trust  had  been  committed,  filed  a  bill  instead,  he 
was  allowed  the  costs  of  preparing  the  deeds  of  release 
which  became  useless  in  consequence  of  the  suit  {Stevens 
V.  Lord  Neivhorough,  11  Beav.  403)  ;  and  the  trustee  was 
also  allowed  the  expenses  of  a  conference  with  counsel  to 


COSTS  OF  TRUSTEES,  EXECUTORS,  ETC.       405 

advise  on  a  proposed  settlement  of  the  suit  (ibid)  ;  and 
see  Re  Tryon,  7  Beav.  496.  Executors  will  not  be 
allowed  the  costs  of  transferring  funds  from  the  testator's 
name  to  their  own  names  (Hopkinson  v.  Roe,  1  Beav.  183). 
It  is  not  the  practice  in  taking  the  account  in  Chambers 
under  the  decree  to  allow  expenses  incurred  since  the 
suit,  but  they  are  provided  for  on  further  consideration 
(Set.  482).  A  trustee  who  is  respondent  to  an  appeal  to 
the  House  of  Lords,  on  a  question  affecting  the  rights  of 
the  cestuis-qiie-trust  inter  se,  will  not  be  allowed  the  costs 
of  printing  a  case  or  appendix  {Prendergast  v.  Prevder- 
gast,  3  H.  L.  C.  195,  225).  As  to  the  costs  which  will  be  Costs 
allowed  to  a  solicitor  trustee  acting  for  himself,  see  cmte,  fessional 
p.  386,  seq.  The  same  principle  applies  to  other  profes-  t^stees. 
sional  men,  made  trustees.  Thus  an  executor  trustee,  who 
acts  as  auctioneer  on  the  sale  of  trust  property,  will  not 
be  allowed  commission  (Kirkman  v.  Booth,  11  Beav.  273) ; 
though  he  is  only  a  member  of  a  firm  who  conduct  the 
sale  {Mattliison  v.  Clarke,  3  Drew.  3) ;  but  sec  as  where 
he  is  authorised  by  the  trust  deed  to  charge  commission, 
though  not  described  in  it  as  an  auctioneer  (Douglas  v. 
Archbiitt,  2  De  G.  »Sc  J.  148).  So  a  land  surveyor  trustee 
who  superintended  the  management  and  sale  of  the 
estates  was  held,  under  the  powers  of  the  instrument 
creating  the  trust,  to  be  entitled  to  compensation  for  loss 
of  time  (Willis  v.  Kibble,  1  Beav.  559).  Executors,  who 
are  also  agents,  are  not  allowed  commission  on  remittances 
from  India  (Hovey  v.  Blakeriuin,  4  Ves.  596)  ;  and  trus- 
tees bankers  are  not  allowed  compound  interest  on 
advances  (Crosskill  v.  Boicer,  32  Beav.  86).  The  Court 
will  not  allow  an  executor  interest  on  costs  paid  by  him 
pending  a  suit  regarding  the  estate  (Gordon  v.  Trail,  8 
Price,  416). 

"Where  the  sole  object  of  a  suit  is  to  make  the  trustees  Costs  of 
answerable  for  a  breach  of  trust,  and  a  decree  is  made  *Q"s,^ts 
against   them,    it   will   be   almost    invariably  with    costs  respecting 
(Earl  Poidct  v.    Herbert,  1   Ves.   Jun.  297;   M  histler  v.  of  h-St 


40G  COSTS   AFFECTING   PA-KTICULAR   PERSONS. 

Nevjman,  4  Ves.  129  ;  Pldij  v.  >SY«ce,  ihid.  620;  Tehhs  v. 
Carpenter,  1  Mad.  290) ;  although  the  cestui-que-trust 
had,  but  in  ignorance,  dealt  with  tlie  jDerson  in  whose 
hands  the  money  had  been  suffered  to  remain,  as  the 
person  liahle  (Adams  v.  Clifton,  1  Russ.  297);  and  though 
the  trustees  had  no  corrupt  motive  (Caffrey  v.  Barhy,  6 
Ves.  488  ;  JiJast  v.  Ryal,  2  P.  W.  284  ;  O'CaUaghan  v. 
Cooper,  0  Ves.  129  ;  Gough  v.  Etty,  20  L.  T.  358).  "  I 
do  not  know  of  any  instance  where  trustees  are  made  to 
repair  a  breach  of  trust,  in  which  they  have  not  been 
charged  with  the  costs  of  the  suit.  It  is  almost  always 
a  necessary  consequence,  for  they  ought  not  to  add  to  the 
loss  of  their  cestui-que-trust  the  costs  of  the'  suit  ren- 
dered necessary  for  the  j^urpose  of  obtaining  redress"  (j^er 
Lord  Langdale,  M.  R,  Byrne  v.  Norcott,  13  Beav.  336, 
346).  But  if  other  parties  have  had  the  benefit  of  the 
breach  of  trust,  they  will  be  primarily  liable  ;  see  Eaves 
V.  IlicJcson,  30  Beav.  136,  where  the  costs  were  ordered  to 
be  paid  (1)  by  the  parties  Avho  had  the  benefit  of  the 
breach  of  trust,  (2)  by  the  party  who  caused  it  by  forging 
a  certificate,  and  (3)  by  the  trustees ;  and  see,  as  to  the 
ultimate  liability  of  the  trustees,  Webster  v,  Le  Hunt,* 
8  W.  R.  534.  The  Court,  however,  can  only  make  the 
trustees  pay  party  and  party  costs,  not  costs  as  between 
solicitor  and  client  (Xash  v.  Howell,  21  L.  T.  743).  Where 
two  trustees  are  implicated  in  a  breach  of  trust,  the  Court 
will  direct  the  defendants'  costs  to  be  paid  by  both,  with- 
out distinguishing  between  their  relative  degrees  of  culp- 
ability {Laivrence  v.  Bowie,  2  Ph.  140) ;  and  see  Littlehales 
v.  Gascoyne,  3  Bro.  C.  C.  73,  where  both  executors  were 
held  liable  to  costs,  though  only  one  was  charged  with 
interest ;  but  in  that  case  the  defaulting  executor  was 
insolvent.  See  also  Fetherstone  H.  v.  West,  Ir.  R.  6.  Eq. 
86.     Although,  however,  both  trustees  are  liable  to  the 

*  This  case  was  reversed  on  appeal,  on  a  matter  of  evidence  (9  "W.  li. 
918),  bnt  the  principle  of  law  was  left  uutouohcd. 


COSTS    OF   TRUSTEES,    EXEC'UTuRS,    ETC.  407 

plaintiff  in  the  first  instance,  yet,  as  between  themselves, 
an  innocent  one  is  entitled  to  be  indemnified  against  the 
consequences  of  the  breach  and  costs  by  his  co-trustee,  and 
if  the  former  is  obliged  to  pay,  he  will  be  in  the  posi- 
tion of  a  surety  paying  his  principal's  debt  (LocJihart  v. 
Reilhj,  1  De  G.  &  J.  4CA  ;  25  L.  J.  Ch.  697  ;  4  W.  K 
188;  and  see  Wilson  v.  Thomson,  20  Eq.  459;  23  W.  R. 
744).  Independenth^  however,  of  the  "  Mercantile  Law 
Amendment  Act  "  (19  &  20  Vict.  c.  97,  s.  5),  he  will  be 
only  a  simple  contract  creditor,  but  as  to  payments  made 
subsequently  to  the  passing  of  that  Act,  though  the  trust 
was  created  before  it,  he  may  be  a  specialty  creditor 
{Lochhart  v.  Reilbj).  Where  in  a  suit  by  residuary 
legatees,  the  defendants  admitted  that  a  settlement  come 
to  twenty  years  before  had  proceeded  on  an  erroneous 
footing  as  to  the  rights  of  parties,  the  bill  was  dismissed 
on  the  ground  of  lapse  of  time,  but  without  costs  {Pvrtlock 
V.  Gardner,  1  Ha.  594)  ;  and  see  Youde  v.  Cloud,  18  Eq. 
G34.  If  the  defaulting  trustee  be  dead,  the  cestuis-que- 
trust  are  only  creditors  against  his  estate,  and  his  cxeCutor, 
fairly  accounting,  will  be  entitled  to  his  costs,  though  the 
estate  is  insolvent  (Haldenhij  v.  Spofforth,  9  Beav.  195). 
Where  the  executor  refused  to  admit  assets,  he  was  made 
personally  liable  for  the  costs  of  taking  the  account  {Chris- 
tian v.  Adarnson,  W.  N.  (1869)208  ;  Wood  v.  Wcightman, 
13  Eq.  434). 

Where  a  corporation,  trustees  for  a  charity,  have,  with-  Where  a 
out  wilful  default,  conmienced  an  erroneous  mode  of  deal-  corpora- 

.  .  tion  have 

ing  With  the  charity  property,  which  they  take   the  first  committed 

opportunity  to  correct,  the   Court  will  not  charge  them  of^t^Tst^ 

Avith  the  costs  of  the  suit  {Att.  Gen.  v.  Drapers  Curnpany,  respecting 

4  Beav.  67) ;  but  secus  where  they  set  up  a  right  in  them-  prope/ty. 

selves  adversely  to  the  charity  {ibid.  ;  Att.  Gen.  v.  t-hrist's 

Hospital,  4 -Beav.  73),  notwithstanding  the  long  usage  of 

their  predeces.sors  (ibid.) ;  and  see  Att.  Gen.  v.  Webster, 

20  Eq.  483 ;  44   L.  J.  Ch.  766.     And  see  further,  as  to 

the  cases  where  a  corporation,  as  trustees,  will  be  charged 


108  COST!?    AFFKCTlNii    PARTICULAR    PERSONS. 

with    costs,    (late,    pp.    210,    211,    and    the    cases   there 
cited. 
Costs  of  In  a  suit  to  set  aside  a  purchase  by  a  trustee  of  trust 

sefaside  pi'operty,  the  trustee  does  not  necessarily,  in  the  absence 
purchases  of  fraud,  pay  costs  {Baker  v.  Carter,  1  Y.  &  C.  250,  where 
te'es'o?  the  decree  was  made  without  costs)  ;  but  see  Whichcote  v. 
^ro'^ert  LaAurence,  3  Ves.  740 ;  Sanderson  v.  Walker,  13  Yes.  601; 
^™^'  ^'     Dyson  v.  Lum,  14  W.  R.  788  ;  14  L.  T.    588,  where  costs 

were  given  against  the  trustee. 

Trustees  If,  however,  subsequent  proceedings  are  necessary  for 

repSJing  a  clearing  and  distributing  the  fund,  and  the  trustees  by  the 

breach  of    clecree  declared  liable  for  a  breach  of  trust,  and  ordered  to 

tied  tT  ^    pay  the  costs  up  to  the  hearing,  promptly  comply  with  the 

subsequent  decree,  they  may  be  allowed  the  costs  of  such  subsequent 

proceedings  (Hevett  v.  Foster,  7  Beav.  348 ;  Knott  v.  Cottee, 

16  Beav.  77).     Where  a  defaulting  trustee,  after  a  decree 

for  an  account,  paid  .£4,000  into  Court,  and  on  the  taking 

of  the  account  £1,200  more  was  found  due  from  him,  he 

was  held  liable  for  the  costs  of  taking  the  account,  as  well 

as  for  the  costs  up  to  decree  {Payne  v.  Parker,  17  W.  R. 

640). 

AYhere  the       Where  the  suit  would  have  been  proper,  and  the  executor 

orTiuSee    or  trustee  a  necessary  party,  independently  of  the  breach 

would  have  of  tvust,  or  it  compriscs  other  objects  besides  the  remedy- 

nTcessary    ing  of  the  breach,  the  defaulting  trustee  or  executor  may 

party  to      ^^  allowed  his  costs  of  the  suit  generally,  as  between 

the  suit,  ,11  1  i  I,    J. 

indepeu-  solicitor  and  client,  though  he  may  have  to  pay,  but  as 
the  breach  ^^etwecn  party  and  party  only,  the  costs  occasioned  by  the 
of  trust,  breach  (Pride  v.  Fooks,  2  Beav.  430  ;  and  see  Pocock  v. 
Reddington,  5  Yes.  800;  Sanderson  v.  Walker,  13  Yes. 
601 ;  Hall  v.  Hallet,  1  Cox  134,  141  ;  Gam2)bell  v.  Bain- 
bridge,  6  Eq.  269  ;  and  the  observations  of  Sir  T.  Plumer 
in  Tehbs  v.  Carpenter,  1  Mad.  290,  cited  ante,  p.  180  ;  and 
of  Hall,  Y.-C,  in  Bell  v.  Turner,  47  L.  J.  Ch.  75).  In 
Bate  V.  Hooper,  5  De  G.  M.  &  G.  338,  the  trustees,  not 
having  derived  any  benefit  to  themselves,  were  relieved 
from  payment  of,  but  Avere  not  allowed,  the  costs  occa- 


COSTS    OF    TRUt>TKEs,    EXKCL'TORS,    ETC.  -lO'J 

sioned  by  the  breach.  And  if  the  breach  of  trust  is  of 
small  importance,  and  the  money  is  brought  into  Court, 
and  there  is  no  loss,  the  trustees  may  be  allowed  the  full 
costs  of  the  whole  suit  (Royds  v.  Royds,  14  Beav.  5-i ; 
Fitzgerald  v.  Fringle,  2  Mol.  534  ;  and  see  Cltugg  v. 
Ghugg,  W.  N.  (1874)  185).  Where  the  application  to  the 
Court  was  wholly  unnecessary,  the  conduct  of  the  trustees 
having  been  free  from  blame,  judgment  was  given  for  the 
execution  of  the  trusts,  but  the  plaintiff  was  ordered  to 
pay  the  costs  up  to  and  including  the  trial  {Faiie  v.  Fane, 
13  Ch.  D.  228;  28  W.  R.  348;  41  L.  T.  551;  and  see  In  re 
Chennell,  Jones  v.  Chennell,  8  Ch.  D.  492 ;  47  L.  J.  Ch.  583  ; 
26  W.  R.  595;  88  L.  T.  494;  Sykes  v.  Brook,  29  W.  R.  821). 

It  has  been  already  stated  that  any  mere  negligence  on  Mere  neg- 
the  part  of  executors  (and  the  same  is  true  of  trustees  ''^f"*^^ 

.  will  not 

generally)  is  not  sufficient  ground  for  visiting  them  with  deprive 
costs,  or  even  depriving  them  of  costs  (mite,  pp.  180,  seq.),  ouhdr 
but  in  England  v.  Doiuns,  6  Beav,  279,  where  the  trus-  costs, 
tees'  negligence  occasioned  the  suit,  their  costs  were  dis- 
allowed ;  and  see  Youde  v.  Cloud,  18  Eq.  634 ;  Payne  v. 
Evens,  ibid.  356,  where    a   bill    for  an  account  against 
trustees  was  dismissed,  but  owing  to  their  neg-liofeuce  in 
not  keeping  accounts  and  vouchers,  without  costs. 

As  to    the  costs    of   executors  and  trustees  retaining  Costs  of 
balances  in  their  hands,  and  charged  with  interest  thereon.  *y"^*®^f'. 

®  '  &c.  ,retaiu- 

see  the   cases   cited  ante,  pp.  180,  seq.,  and  in  addition,  ing  bakn- 
Sammes  v.  Rickman,  2  Ves.  Jun.  36 ;  Fozier  v.  Andreivs,  char^e'd 
2  J.  &  L.  199,  where  the  costs  were  allowed  to  the  trus-  7^*^ 
tees.     In  Mouslcy  v.  Carr,  4  Beav.  49,  the  trustee,  who 
was  also  tenant  for  life,  was   charged  with   interest  on 
monies  appropriated  to  her  own  use,  and  got  no  costs,  but 
it  was  said  that  if  she  had  been  merely  trustee  she  might 
have  had  costs.     In  Ait.  Gen.  v.  Brewers'  Coriijpany,  1  P.  ordis- 
W.  376,  charity  trustees  who  claimed  as  due  to  them  a  credits 
much  larger  sum  than  was  found  due,  were  disallowed 
costs ;  but  see  Bonnet  v.  Going,  1  Mol.  529,  as  to  the  dis- 
allowance of  credits  in  executors'  and  trustees'  accounts. 


410. 


COSTS   AFFECTING   PARTICULAR   I'ERSOXS. 


Where 

trustees' 

conduct 

has  been 

vexatious 

they  pay 

costs. 


Trustees 

appointing 

new 

trustees 

pendente 

lite  ; 


Where  the  trustee's  conduct  has  been  vexatious  he  will 
be  charf^ed  witli  costs  ;  see  Marf^ludl  v.  Gladden,  4  De  G. 
&  S.  408,  where  trustees  vexatiously  refused  to  accept,  as 
transferee  of  a  mortgage,  an  unobjectionable  person  proposed 
by  the  tenant  for  life ;  Toner  v.  T]ioini:)!iuii,  7  Sim.  145, 
where  the  evasive  and  fraudulent  conduct  of  the  adminis- 
tratrix, in  the  course  of  taking  the  accounts,  having  neces- 
sitated the  employment  of  an  accountant,  she  had  to  pay 
the  costs  of  it ;  Patterson  v.  ^Vooler,  2  Ch.  D.  586  ;  34  L. 
T.  415,  where  trustees  were  ordered  to  pay  tlie  costs  of  a 
motion  which  they  had  unreasonaljly  opposed,  and  were 
disallowed  the  costs  of  an  improper  answer ;  Att.  Gen.  v. 
Murdoch,  2  K.  ^:  J.  571,  where  trustees  of  a  meeting-house 
having  become  disqualilicd  by  change  of  religion,  and  refus- 
ing to  retire,  were  ordered  to  pay  the  costs  of  the  appoint- 
ment of  new  trustees;  Palairet  v.  Camu,  32  Beav.  504, 
Mherc  a  trustee  for  sale,  refusing  to  concur  in  a  sale  or 
retire,  had  to  pay  the  costs  of  the  suit ;  Mcnj  v.  Armstrong, 
W.  N.  (1800)  233  ;  Hayluno  v.  George,  W.  N.  (1809)  191; 
Taylor  v.  Salmon,  W.  N.  (1881)  102. 

A  trustee  whose  vexatious  and  oppressive  conduct  has 
compelled  his  cet^fni-que-trMst  to  take  proceedings  against 
hiui  iu  a  foreign  Court,  will  be  ordered  to  pay  all  the  costs 
of  those  proceedings  {Gri^^n  v.  Brady,  39  L.  J.  Ch.  130  , 
18  W.  R.  130)  ;  and  trustees  whose  wilful  neglect  of  their 
duty  has  made  an  administration  suit  necessary,  will  have 
to  pay  the  costs  of  the  suit  up  to  and  including  the  hear- 
ing {Jejferys  v.  Marshall,  19  W.  R  94  ;  23  L.  T. 
548). 

Where  pending  an  information  for  the  purpose  of  ap- 
pointing new  trustees  of  a  charity,  the  continuing  trustees 
took  upon  themselves  to  make  an  appointment,  it  was  set 
aside,  the  propriety  of  it  not  being  clear,  and  the  trustees 
had  to  pay  the  costs  occasioned  by  their  act  {Att.  Gen.  v. 
ClacJx,  1  Beav.  407);  and  see  Re  Poplar  d-  Blacl'wall 
School,  8  Ch.  D.  543.  In  Peatjield  v.  Pcnn,  23  L.  J.  Ch. 
407 ;    2  W.   R.  08,    a  trustee  appointed  by  a  surviving 


COSTS   OF   TRUSTEES,    EXECUTORS,    ETC.  411 

trustee,  pending  and  with  notice  of  a  suit  to  remove  the 
appointor  for  misconduct,  had  to  bear  his  own  costs. 

Executors  instituting  an  improper  administration  suit  or  causing 
were  charged  personally  with  costs  {Richards  v.  Atf.  Gen.  gary  ]iti- 
of  Jamaica,  13  Jur.  197)  ;  so,  trustees  for  infants  persist-  gation; 
ing  in  unnecessary  litigation  {Carupbdl  v.  Caiivphell,  2  My. 

6  C.  25) ;  and  see  Bradley  v.  Whitchurch,  W.  N.  (1868) 
81,  where  a  trustee,  whose  cestuis-que-trustent  had  all 
attained  their  majority,  commenced  and  continued  an  un- 
necessary suit,  and  was  ordered  to  pay  the  costs. 

A  trustee  using  his  legal  estate  so  as  to  give  an  undue  o'"  "^i"?  . 

1  ,,      T    1  1      ^      their  legal 

advantage  to  one  party,  was  made  personally  liable  lor  estate 
costs  (Scott  V.  Dunbar,  1  Mol.  442);  and  see  Ellis  v.  BarJ^:er,  "^^f  >■'>■' 

^  '  ^  [  .or  for 

7  Ch.  104,  where  the  trustees  availed  themselves  of  their  their  own 
position  to  extort  a  concession  from  the  plaintiff,  and  then  ^  ^^^  °  ' 
contested  his  right  to  relief  And  where  a  trustee  brought  his 
cestui-que-trust  into  Court,  in  order  to  have  a  point  relating 

to  his  own  private  interest  determined  at  the  expense  of  the 
trust,  he  paid  costs  {Henley  v.  Philips,  2  Atk.  48).  In  a 
suit  to  rectify  a  settlement,  a  trustee  setting  up  for  his  own 
advantage  a  different  trust  from  what  it  really  was,  got  no 
costs  {Ball  V.  Montgomery,  2  Ves.  Jun.  191);  and  see 
Costello  V.  O'Borke,  19  W.  R  143.  Where  a  trustee 
made  himself  a  partizan  of  one  beneficiary  as  against 
another,  and  refused  to  give  information  properly  required 
of  him,  he  got  no  costs  {Sioujjson  v.  Bathurst,  Shepherd,  v. 
Bathurst,  5  Ch.  193  ;.  18  W.  R.  772;  23  L.  T.  29);  and 
see  Shaw  v.  Thompson,  3  Ch.  D.  p.  253.  And  a  trustee, 
alleging  the  forfeiture  of  an  annuity,  in  a  bill  for  payment 
of  arrears  of  it,  paid  costs  personally  {Lloyd  v.  Spillet,  3  P. 
W.  844). 

Where  rents  Avere  allowed  to  fall  into  arrear  in  conse-  o''  T'^'^'"" 
quence  of  disputes  between  the  trustees,  the  Court  made  betwt^ 
them  pay  the  costs  of  a  suit  by  the  tenant  for  life  for  pay-  *^*^" 
ment  of  the  income  to  him  {Wilson  v.  Wilson,  2  Ke.  249). 

Trustees  and  executors  pertinaciously  refusing  to  ac-  or  re- 
count will  have  to  pay  the  costs  of  the  suit   up  to  the  acwunt'^ 


oen 
1- 
selves  ; 


11-2 


COSTS    AITECTING    rARTICULAK    PEltSOXP. 


or  in  US- 
stating 
accounts  ; 


01"  re- 
fusing to 
act  witii- 
out  the 
fianction 
of  the 
Court  in 
a  clear 
case, 


though 
their  con- 
duct is 

bond  fide 


hearing,  but  will  got  tlieir  subsequent  costs  on  fairly 
accounting  {ante,  pp.  162,  182,  and  the  cases  there  cited; 
sec  also  Collins  v.  Reece,  1  Coll.  675  ;  Underwood  v. 
Troiver,  W.  N.  (1867)  83;  and  see,  also,  ante,  p.  164,  as 
to  the  distinction  between  pertinacious  refusal  and  mere 
neglect  by  executors  to  account). 

Where  trustees  had  refused  information  and  an  account 
of  the  property  to  the  plaintiffs  who  had  an  interest  in  the 
'jstate,  and  other  proceedings  had  subsequently  been  taken 
whereby  the  costs  of  the  suit  were  greatly  increased,  the 
trustees  were  directed  to  pay  the  costs  of  the  suit  up  to 
the  hearing,  as  if  it  had  been  an  ordinary  administration 
suit,  and  as  to  the  rest  of  the  costs,  each  party  had  to 
bear  his  own  {Talhnt  v.  Marslifield,  3  Ch.  622;  19  L.  T. 
225). 

Trustees  and  executois  misstating  accounts  will  be 
charged  with  costs  {Sheppard  v.  Smif/i,  2  Bro.  P.  C.  372; 
Flanagan  v.  Nolan,  1  Moll.  86  ;  Beec/i  v.  Kennegal,  1  Ves. 
123) ;  but  see  Sandys  v.  Walloon,  2  Atk.  79  ;  L'dley  v. 
Medlicott,  5  W.  R  412  ;  Lodge  v.  Pritchard,^  Giff.  294. 

Again,  trustees  and  executors  will  be  charged  with  costs 
if  they  refuse  to  act  without  the  sanction  of  the  Court 
in  a  clear  case  (see  the  cases  cited,  ante,  p.  183,  and  infra; 
but  see  also  Angier  v.  Stannard,  3  My.  &  K.  566 ; 
Taylor  v.  Glanville,  3  Mad.  176).  In  the  case  last  cited, 
it  was  said  that  "  trustees  are  entitled  to  the  protection 
and  direction  of  the  Court  in  the  exercise  of  their  trusts, 
and  can  never  be  called  upon  to  pay  costs,  unless  they 
refuse  to  act  without  suit  merely  from  obstinacy  and 
caprice.  It  would  be  against  the  interests  of  society  to 
hold  otherwise."  In  Angier  v.  Stannard,  a  bare  trustee 
making  an  untenable  objection  to  the  execution  of  a  con- 
veyance was  relieved  from  costs,  as  he  had  acted  hondfde 
and  on  advice  of  coimsel  ;  and  see  Knight  v.  Martin, 
1  H.  &  M.  70.  But  the  more  recent  cases  cited  below 
have  gone  further  than  these  cases,  and  trustees,  though 
acting  hand  fide,  but  with  unreasonable  caution,  have  been 


COSTS    OF   TRUSTEES,    EXECUTORS,    ETC.  413 

made  to  pay  costs ;  see  Smith  \.  Bohlen,  83  Beav.  262 ; 
Me  CulVs  Trusts,  20  Eq.  561  ;  SoutJnuillv.  Martin,  W.N. 
(1869),  191.  Ill  Burrows  v.  Greemuood,  4  Y.  &  C.  251, 
trustees  of  a  will  refusing  to  pay  a  sum  of  money  for 
which  their  testator  was  liable  under  a  settlement,  had  to 
pay  costs,  but  out  of  the  testator's  estate.  So  a  trustee 
must  pay  costs,  if  he  refuses  to  convey  the  legal  estate, 
according  to  the  proper  direction  (Willis  v.  Hlscox,  4  My. 
&  C.  197;  Hampshire  v.  Bradlri/,  2  Col.  34  ;  Jones  v. 
Lewis,  1  Cox,  199,  wliere  in  a  suit  for  specific  performance 
by  the  executrix  of  a  deceased  vendor,  his  trustee,  refusing 
to  convey,  had  to  pay  all  the  costs  of  the  suit,  including 
the  purchaser's) ;  but  Avill  be  entitled  to  costs  if  full  and 
accurate  information  has  not  been  given  to  him  {Holford 
v.  Pkipps,  3  Beav.  434) ;  and  see  Angier  v.  Stannard, 
cited  above  ;  and  Poole  v.  Pass,  1  Beav.  600,  where  the 
trustee's  costs,  charges,  and  expenses  were  also  allowed. 
And  in  Whifmarsh  v.  Robertson,  1  Y.  &  C.  C.  C.  715,  a 
trustee  refusing  to  transfer  to  an  assignee  was  allowed  his 
costs,  though  a  transfer  was  directed,  there  being  circum- 
stances of  suspicion,  and  the  consideration  not  correctly 
stated  on  the  deed.  The  most  difficult  position  for  trustees 
is,  perhaps,  where  they  are  asked  to  transfer  settled  funds 
to  or  by  the  direction  of  the  tenant  for  life  and  one  of  the 
cestuis-que-t rust  in  remainder  under  an  appointment  by  the 
tenant  for  life.  See  Firmin  v.  PiUham,  2  De  G.  &  S.  99, 
where  the  trustees  refusing  paid  costs  ;  Campbell  v.  Home,  ' 
1  Y.  &  C.  C.  C.  664  ;  Cockcroft  v.  Sufclife,  25  L.  J.  Ch. 
313;  2  Jur.  N.  S.  323  ;  4  W.  K.  339,  where  they  were  not 
allowed  any  costs;  and  Ki.iu/  v.  King,  1  De  G.  &  J.  663, 
where  they  were  allowed  costs  ;  and  see  also  Be  GaU's 
Trusts,  20  Eq.  561  ;  44  L.  J.  Ch.  664;  23  W.  R.  850;  32 
L.  T.  853.  In  Cockcroft  v.  Sutclife  the  trustees  do  not 
seem  to  have  taken  any  pains  to  satisfy  themselves  of  the 
propriety  of  the  transaction.  Trustees  for  the  separate 
estate  of  a  married  woman  will  have  to  pay  costs,  if  they 
refuse  to  trnnsfor  the  funds  into  the  name  of  the  married 


414  COSTS   AFFFX'TIKG   PARTICULAR   PERSONS. 

woman  {Thorhy  v.  YeaU,  1  Y.  &  C.  C.  C.  43S) ;  so,  where 

the  wife's  trustees  refuse  to  transfer  by  direction  of  husband 

and  wife  {Penfold  v.  Boiich,  4  Ha.  271);  but  see  In  re 

Ben(hjs]/e,r>  W.  R  816,  where  the  trustees,  under  similar 

circumstances,  were  held  to  be  justified  in  paying  the  funds 

into  court.     And  see  as  to  the  cases  where  trustees  paying 

money  into  court  under  the  Trustee  Relief  Act  will  or  will 

not  be  allowed,  or  be  made  to  pay  costs,  ante,  ch.  V.,  sec.  III. 

Where  a  trustee  who  was  in  doubt  as  to  the  person  entitled 

to  the  fund  did  not  pay  it  into  court  under  the  Trustee 

Relief  Act,  but,  by  his  conduct  caused  the  institution  of  a 

suit,  he  was  allowed  out  of  the  fund  only  the  costs  that  he 

would  have  been  entitled  to  if  he  had  jxaitl  it  into  court 

under  the  Act,  and  the  costs  of  appearing  on  the  petition 

{Gunnell  v.  Whitear,  10  Eq.  G64). 

or  askin"-        The  trustee  of  a  marriage  settlement  may  not  refuse 

for  an         ^o  compel  payment  of  a  sum  of  money  secured  by  a  cove- 

to\vhlc]/'  nant  without  an  indemnity  from  his  cestui-que -trust  (hui' 

tiiey  are      ggg  Favsoiis  V.  Spoonev,  5  Ha.  110)  ;  and  the  trustee  had, 

n"t  en-  ^  ^  .  i     i  • 

titled ;       therefore,  to  pay  the  costs  of  a  suit  to  compel   hiiu  to 

enforce   the  covenant  {Kirhy   v.   Mash,  3  Y.  &   C  295). 

or  behv      *^'^>  where  a  trustee  puts  next  of  kin  or  an  heir  at  law  to 

unreason-    i\^q  proof  of  their  pedigree  in  a  case  in  which  there  is  no 

alily  can-  .  ■,  •   ^         .•   ^         t       i\        l    -i         i 

tiousasto  doubt,  or  the  evidence,  which  satisfies  the  Lourt,  nas  been 
a  matter     submitted  to  thc  trustee  before  suit,  he  must  pay  the 

of  fact. 

costs  thereby  occasioned  (Loivson  v.  Copelaml,  2  Bro.  C. 

C.  156 ;  Lancashire  v.  Lancashire,  1  De  G.  iS:  S.  288). 

And  executors  of  trustees  were  decreed  to  pay  the  costs 

of  a  suit  rendered  necessary  by  their  refusal  to  accept 

reasonable   evidence   of  a   person's   death ;    but,    as   the 

trustees  had  been  guilty  of  a  breach  of  trust,  out  of  the 

trustees'  assets  {Lyse  v.  Kiiigclon,  1  Col.  184). 

Trustees  Although   the   circumstance   of  trustees   having   acted 

not  pro-      on  the  advice  of  counsel,  hov/ever  eminent,  will  not  in 

attius  on    itself  entitle   them   to   the   costs  of  the    suit    {Devey  v. 

counsel's     Thomton,  9  Ha.  232  ;  and  see  Angier  v.  Stannarcl,  3  Mv. 

tS:  K.  5QQ;  King  v.  King,  1  De  G.  ct  J.  663);  or  even 


f'OSTS    OF   TRUSTEE^^,    EXECUTORS,    ETC.  415 

save  them  from  paying  costs  (Boulfon  v.  Beard,  3  De  G. 
M.  &  G.  608) ;  yet  where  the  question  is  whether  they 
should  be  allcved  in  their  accounts  the  costs  of  unsuccess- 
ful proceedings  hand  fide  taken  by  them  on  the  advice  of 
counsel  with  reference  to  the  trust  property,  it  is  a 
material  circumstance  {Foster  v.  Davher,  6  W.  R.  47 ; 
and  see  Forshaiu  v.  Higgiuson,  8  De  G.  M.  &  G.  827). 

A  trustee  cannot,  from  mere  caprice,  retire  from  the  Costs  of 
trust  without  paying  the  costs  thereby  occasioned  (For-  retiring 
shaw  Y.  Higginson,  20  Beav.  485;  Gardiner  y.  Downes,^''^^^^^^^ 
22  Beav.  395  ;  and  see  Greenwood,  v.  Wcikeford,  1  Beav. 
576;  Marshall  v.  Sladden,  7  Ha.  428;  Richardson^.  Gruhb, 
16  W.  R.  1 76).  Any  circumstances  arising  in  the  administra- 
tion of  the  trust  which  have  altered  the  nature  of  his  duties, 
justify  him  in  leaving  it,  and  entitle  him  to  receive  his 
costs  (Forshcnu  v.  Higginson,  where  the  trustee  was  held 
to  be  justified  in  retiring  in  consequence  of  his  co-trustee's 
conduct ;  but  as  no  relief  was  asked  against  the  co-trustee, 
the  retiring  trustee  was  not  allowed  the  costs  of  the 
evidence  respecting  his  conduct) ;  but  if  the  reasons  for 
the  trustee's  retii'ement  are  personal  to  himself,  he  shoukl 
pay  the  costs  of  a  new  appointment  (ibid).  In  Gardiner 
V,  Doiunes,  a  survivor  of  three  trustees  of  advanced  age 
Avas  allowed  his  costs  ;  and  see  JRe  Williams  Trusts,  G 
W.  R.  218,  and  other  cases  cited  ante,  p.  316.  In  Iloiuard 
V.  Rhodes,  1  K.  581  ;  Porter  v.  Watts,  16  Jur.  757,  trustees 
insisting  on  retiring  without  sufficient  reason,  were  not 
allowed  costs,  but  did  not  pay  any.  Where  the  trustees 
of  a  marriage  settlement  desired  to  retire  in  consequence 
of  the  responsibility  entailed  on  them  by  the  acts  of  the 
tenant  for  life,  incumbering  his  interest,  the  tenant  for 
life  had  to  pay  the  costs  of  the  suit  {Coventry  v.  Coventry, 
I  Ke.  758). 

As  to  the  costs  of  trustees  in  proceedings  under  the 
Trustee  Acts,  see  ante,  ch.  V.  sec.  IV. ;  and  under  the 
Trustee  Relief  Act,  ante,  ch.  V.  sec.  III. ;  and,  further,  as 
to  the  costs  of  executors  and  administrators  generallv,  see 


416  COSTS    AFI-KCTING    rAKTlcULAR    PEUSOKS. 

ante,  ch.  IV.,  sec.  II.  As  to  the  costs  of  the  administrator 
of  a  convict  appointed  by  the  Crown,  see  33  k^  34  Vict. 
c.  23,  s.  20. 

Where  trustees  ordered  to  pay  costs  personally  paid 
them  out  of  the  trust  funds,  they  were  ordered  to  refund 
with  interest  at  4  per  cent.  {Attorney -General  v.  Daugars, 
33  Beav.  021  ;  12  W.  R.  363\ 


CHAPTER  VII. 

AGREEMENTS   BETWEEN   SOLICITOR    A.ND   CLIENT   AS   TO 
COSTS. 

An  agreement  by  a  solicitor  to  take  a  gross  sum  in  lieu  Former 
of  costs,  though  viewed  with  jealousy  by  the  Court,  was  acreements 
not  absolutely  void  {Re  Whitcomhe,  8  Beav.  140)  ;  but  an  as  to  costs 

.      T  r  1        •        between 

agreement  to  charge  a  hxed  sum  m  lieu  or  costs  to  be  m-  solicitor 
curred  in  the  future  was  ipso  facto  void  {Re  Newman,  ^"^^^^^ 
30  Beav.  196;  and  see  Re  Ingle,  21  Beav.  275).  An""''"' 
agreement  with  a  corporation  that  a  solicitor  transacting 
professional  business  for  no  other  client  should  be  paid  a 
fixed  yearly  salary,  clear  of  all  office  expenses,  and  to  in- 
clude all  emoluments,  he  paying  to  the  corporation  any 
surplus  there  might  be  of  receipts  over  payments,  was  held 
not  to  be  opposed  to  the  provisions  of  the  Attorneys  and 
Solicitors  Acts,  nor  to  the  policy  of  the  law  yGallmvay  v. 
Cor'pora.tion  of  London,  4  Eq.  90);  and  see  Bush  v. 
Martin,  83  L.  J.  Ex.  17  ;  2  H.  &  C.  311  ;  11  W.  R.  1078. 
A  party  ordered  to  pay  costs  to  a  company,  who  employ  a 
solicitor  at  a  fixed  salary,  is  not  entitled,  on  taxation,  to 
the  benefit  of  the  arrangement  between  the  company  and 
their  solicitor  {Raymond  v.  Lal-eman,  34  Beav.  584). 

By  the  Attorneys  and  Solicitors  Act,  1870,  33  &  34  Vict.  Attorneys 
c.  28,  which,  however,  is  by  s.  9  of  the  Solicitors  Bemunera-  citors  Act 
tion  Act,  1881,  made  inapplicable  to  any  business  to  which  i^''*-'- 
the    latter   Act  relates    {jJost,  p.  425),  it  is  provided   as 
follows  : — 

A  solicitor  may  make  an  agreement  in  writing  with  his  There- 
client  respecting  the  amount  and  manner  of  payment  for  of^oii.^^'"" 
the  whole  or  any  part  of  any  past  or  futiu'e  services,  fees,  to's  i";'y 

K   E 


418      AGREEMENTS   BETWEEN    SOLICITOR   AND    CLIENT. 

l,e  fixed  by  charges,  or  disbursements  in  respect  of  business  done  or  to 

asreement.  |^g  done  by  sucli  solicitor,  whether  as  a  solicitor  or  as  an 

advocate  or  conveyancer,  either  b}'^  a  gross  sum,  or  by 

commission  or  percentage,  or  by  salary  or  otherwise,  and 

either  at  the  same  or  at  a  greater  or  at  a  less  rate  as  or 

than  the  rate  at  which  he  would  otherwise  be  entitled  to 

be  remunerated,  subject  to  the  provisions  and  conditions 

i\mount      in  this  part  of  this  Act  contained  :  Provided  always,  that 

under  ^       when  any  such  agreement  shall  be  made  in  respect  of 

agreement   business  done  or  to  be  done  in  any  action,  the  amount 

not  to  be  ,  .  .  Ill  1  -111 

iiaid  until    payable  under  tlic  agreement  shall  not  be  received  by  the 
allowed  by  j^oUcitor   until    the    aiiTecment    has' been    examined   and 

taxing  ^ 

officer.  allowed  by  a  taxing  officer  of  a  court  having  power  to 
enforce  the  agreement ;  and  if  it  shall  appear  to  such 
taxing  officer  that  the  agreement  is  not  fair  and  reasonable 
he  may  require  the  opinion  of  a  court  or  a  judge  to  be 
taken  thereon  by  motion  or  petition,  and  such  court  or 
judge  shall  have  power  either  to  reduce  the  amount 
payable  under  the  agreement  or  to  order  the  agi'eement 
to  be  cancelled  and  the  costs,  fees,  charges,  and  dis- 
bursements in  respect  of  the  business  done  to  be  taxed 
in  the  same  manner  as  if  no  such  agreement  had  been 
made  (s.  4). 

By  s.  3  "  client "  includes  any  person  who,  as  a  prin- 
cipal or  on  behalf  of  another  person,  retains  or  employs,  or 
is  about  to  retain  or  employ  a  solicitor,  and  any  person  who 
is  or  may  be  liable  to  pay  the  bill  of  a  solicitor  for  any 
services,  fees,  costs,  charges,  or  disbursements.  The  Act 
does  not  apply  to  accounts  between  country  solicitors  and 
town  agents  {Ward  v.  Eyre,  15  Ch.  D.  130;  49  L.  J.  Ch. 
657 ;  28  W.  R.  712  ;  43  L.  T.  525). 

A  document  containing  the  terms  of  an  agreement  as  to 
the  amount  of  costs  payable  by  a  client  to  his  solicitor,  but 
signed  by  one  of  the  parties  only,  is  not  an  "  agreement  in 
writing"  within  this  section,  and  the  solicitor  may  be 
required  to  deliver  a  detailed  bill  of  costs  to  be  taxed  in 
the  ordinary  way  (Re  Lewis,  Ex  parte  Munro,  1  Q.  B.  D. 


ATTORNEYS   AXD   SOLICITORS   ACT,    1870.  419 

724  ;  24  W.  R  1017;  In  re  Raven,  30  W.  R  134) ;  and 

see  Re  Fernandes,  W.  N.  (1878),  57.  An  agreement  not 
to  charge  anything  for  costs  need  not  be  in  writing 
{Jennings  v.  Johnson,  L.  R.  8  C.  P.  425).  The  opinion 
of.  the  Court  cannot  be  required  to  be  taken  before  some 
money  is  payable  under  the  agreement  {Re  Attorneys 
Act,  1870,  1  Ch.  D.  573 ;  44  L.  J.  Ch.  47  ;  24  W.  R  38).  ■ 
Such  an  agreement  shall  not  affect  the  amount  of,  or  Saving  of 

.    1  ,  T         r         ,1  c  J.    interests  of 

any  rights  or  remedies  for  the  recovery  or,  any  costs  ^j^ij.,} 
recoverable  from  the  client  by  any  other  person,  or  pay-  i^rties. 
able  to  the  client  by  any  other  person,  and  any  such  other 
person  may  require  any  costs  payable  or  recoverable  by 
him  to  or  from  the  client  to  be  taxed  according  to  the 
rules  for  the  time  being  in  force  for  the  taxation  of  such 
costs,  unless  such  person  has  otherwise  agreed  :  Provided 
always,  that  the  client  who  has  entered  into  such  agree- 
ment shall  not  be  entitled  to  recover  from  any  other 
person  nnder  any  order  for  the  payment  of  any  costs 
which  are  the  subject  of  such  agreement  more  than  the 
amount  payable  by  the  client  to  his  own  attorney  or 
solicitor  under  the  same  (s.  5). 

Such  an  agreement  shall  be  deemed  to  exclude  any  Agree- 
further  claim  of  the  solicitor  beyond  the  terms  of  the  si,aii 
agreement  in  respect  of  any  services,  fees,  charges,  or  dis-  exclude 

1  •  1      •  1  1  \  ^      •  r  further 

bursements  m  relation  to  the  conduct  and  completion  of  claims, 
the  business  in  reference  to  which  the  agreement  is  made, 
except   such  services,   fees,  charges,  or  disbursements,  if 
any,  as  are  expressly  excepted  by  the  agreement  (s.  G). 

A  provision  in  any  such  agreement  that  the  solicitor  Reserva- 
shall  not  be  liable  for  negligence,  or  that  he  shall  be  responsi- 
relieved  from  any  responsibility  to  which  he  would  other-  ^^^^\?  ^^'■' 

•'  '■  .•'  ^  ^     negligence. 

wise  be  subject   as   such  solicitor,  shall   be  wholly  void 
(S.7). 

No  action  or  suit  shall  be  brought  or-  instituted  upon  Examina- 
any  such  agreement;  but  every  question  respecting  the  g^fQ^^g. 
validity  or  effect  of  any  such  agreement  may  be  examined  "^^^^  °f 
and  determined,  and  the  agreement  may  be  enforced  or  set  ments. 

E  E  2 


420      AGREEMENTS    BETWEEN    SOLICITOR   AND    CLIENT. 

aside,  without  suit  or  action,  on  motion  or  petition  of  any 
person,  or  the  representative  of  any  person,  a  party  to  such 
agreement,  or  being  or  alleged  to  be  liable  to  pay,  or  being 
or  claiming  to  be  entitled  to  be  paid,  the  costs,  fees, 
charges,  or  disbursements  in  respect  of  which  the  agree- 
ment is  made,  by  the  court  in  which  the  business  or  any 
part  thereof,  was  done,  or  a  judge  thereof,  or  if  the  busi- 
ness was  not  done  in  any  court,  then  where  the  amount 
payable  under  the  agreement  exceeds  fifty  pounds,  by  any 
superior  court  of  law  or  equity  or  a  judge  thereof,  and 
where  such  amount  does  not  exceed  fifty  pounds,  by  the 
judge  of  a  county  court  which  would  have  jurisdiction  in 
an  action  upon  the  agreement  (s.  8). 

The  object  of  this  section  is  to  prevent  actions  being 
brought  to  recover  the  remuneration  agreed  upon  in  lieu 
of  costs  when  the  work  has  been  done,  and  does  not  apply 
to  an  action  for  refusing  to  allow  the  solicitor  to  do  the 
Avork  and  earn  the  remuneration  (Rfes  v.  Williams,  L.  R. 
10  Exch.  200;  44  L.  J.  Ex.  116;  23  W.  R.  5,  50;  32 
L.  T.  462). 
Improixr         Upon  any  such  motion  or  petition  as  aforesaid,  if  it 

agreements  g\^Q\\  appear  to  the  Court  or  Judge  that  such  agreement  is 
may  le  set  ^  ^  tit  i  ■  i 

aside.         in  all  rcspects  fair  and  reasonable  between  the  parties,  the 

.     same  may  be  enforced  by  such  Court  or  Judge  by  rule  or 

order  in  such  manner  and  subject  to  such  conditions,  if 

any,  as  to  the  costs  of  such  motion  or  petition  as  such 

Court  or  Judge  may  think  fit  ;  but  if  the  terms  of  such 

agreement  shall  not  be  deemed  by  the  Court  or  Judge  to 

be  fair  and  reasonable,  the  same  may  be  declared  void,  and 

the  Court  or  Judge  shall  thereupon  have  power  to  order 

such  agreement  to  l>e  given  up  to  be  cancelled,  and  may 

direct  the  costs,  fees,  charges,  and  disbursements   incurred 

or  chargeable  in  respect  of  the  matters  included  therein 

to  be  taxed  in  the  same  manner  and  according  to  the  same 

rules  as  if  such  agreement  had  not  been  made  ;  and  the 

Court  or  Judge  may  also  make  such  order  as  to  the  costs 

of  and  relating  to  such  motion  or  petition,  and  the  proceed- 


ATTORNEYS   AND    SOLICITORS    ACT,    1870.  421 

ings  thereoD,  as  to  the  said  Court  or  Judge  may  seem  fit 
(s.  9). 

Whea  the  amount  agreed  for  under  any  such  agree-  Agree- 
ment has  been  paid  by  or  on  behalf  of  the  client,  or  by  j^q  j.g. 
any  person  chargeable  with  or  entitled  to  pay  the  same,  opened 

/-^  Tii»  ••■1..  •  ■■  3.it6r  prij** 

any  Court  or  Judge   having  jurisdiction  to  examine  and  ment  ia 
enforce  such  an  aoreement  mav,  upon  application  by  the  ^i'^*^'^^ 

°_  "  .      .  cases. 

person  who  has  paid  such  amount,  within  twelve  months 
after  the  payment  thereof,  if  it  appears  to  such  Court  or 
Judge  that  the  special  circumstances  of  the  case  require 
the  agreement  to  be  re-opened,  re-open  the  same,  and 
order  the  costs,  fees,  charges,  and  disbursements  to  be 
taxed,  and  the  whole  or  any  portion  of  the  amount 
received  by  the  solicitor  to  be  repaid  by  him,  on  such 
terms  and  conditions  as  to  the  Court  or  Judge  may  seem 
just. 

Where  any  such  agreement  is  made  by  the  client  in  the 
capacity  of  guardian,  or  of  trustee  under  a  deed  or  will,  or 
of  committee  of  any  person  or  persons  whose  estate  or 
property  will  be  chargeable  with  the  amount  payable 
under  such  agreement,  or  with  any  part  of  such  amount, 
the  agreement  shall  before  payment  be  laid  before  the 
taxing  officer  of  a  Court  having  jurisdiction  to  enforce  the 
agreement,  and  such  officer  shall  examine  the  same,  and 
may  disallow  any  part  thereof,  or  may  require  the  direc- 
tion of  the  Court  or  a  Judge  to  be  taken  thereon  by 
motion  or  petition  ;  and  if  in  any  such  case  the  client  pay 
the  whole  or  any  part  of  the  amount  payable  under  the 
agreement,  without  the  previous  allowance  of  such  officer 
or  Court  or  Judge  as  aforesaid,  he  shall  be  liable  at  any 
time  to  account  to  the  person  whose  estate  or  property  is 
charged  with  the  amount  paid,  or  with  any  part  thereof  for 
the  amount  so  charged  ;  and  if  in  any  such  case  the 
solicitor  accept  payment  without  such  allowance,  any 
Court  which  would  have  had  jurisdiction  to  enforce  the 
agreement  may,  if  it  think  fit,  order  him  to  refund  the 
amount  so  received  by  him  under  the  agreement  (s.  10). 


422      AGREEMENTS    BETWEEN    SOLICITOR   AND    CLIENT. 

Prohibition  Nothing  in  this  Act  contained  shall  be  construed  to 
6ti  nib"-'"  S^^^  validity  to  any  purchase  by  a  solicitor  of  the  interest, 
tions.  or  any  part  of  the  interest,  of  his  client  in  any  suit, 
action,  or  other  contentious  proceeding  to  be  brought  or 
maintained,  or  to  give  validity  to  any  agreement  by  which 
a  solicitor  retained  or  employed  to  prosecute  any  suit  or 
action,  stipulates  for  payment  only  in  the  event  of  success 
in  such  suit,  action,  or  proceeding  (s.  11). 

An  agreement  that  in  the  event  of  a  solicitor  recover- 
ing  certain  property  for  the  client  he  shall  receive  ten  per 
cent,  on  the  property  recovered  is  pure  champerty  {Re 
Attorneys  Act,  1870,  1  Ch.  D.  573  ;  44  L.  J.  Ch.  47  ; 
24  W.  R.  38  ;  i^^r  Jessel,  M.  K).  But  an  agreement  to 
charge  the  client  nothing  if  he  lost  the  action,  and  to  take 
nothing  for  costs  out  of  any  money  awarded  in  the  action, 
is  not  invalid  and  need  not  be  in  wi'iting  {Jennings  v. 
Johnson,  L.  R.  8  C.  P.  425.) 
^,  , ,     .         Nothing  in  this  Act  contained  shall  give  validity  to  any 

Not  to  give  »  1    1  • 

validity  to  disposition,  contract,  settlement,  conveyance,  delivery, 
&c"!  whSh  dealing,  or  transfer,  which  may  be  void  or  invalid  against 
may  be  j^  trustcc  or  Creditor  in  bankruptcy,  arrangement  or  com- 
bank-'^  position,  under  the  provisions  of  the  Unvs  relating  to  bank- 
ruptcy, i-uptcy  (s.  12). 

Provision  Where  a   solicitor  has  made   an   agreement  with  his 

in  caso  of  dient  in  pursuaucc  of  the  provisions  of  this  Act,  and  any- 

tleath  '■  .  1,1 

orincapa-  thing  has  been  done  by  such  solicitor  under  the  agree- 
solfcitor?*^  ment,  and  before  the  agreement  has  been  completely  per- 
formed by  him,  such  solicitor  dies  or  becomes  incapable  to 
act,  an  application  may  be  made  to  any  Court  which  would 
liave  jurisdiction  to  examine  and  enforce  the  agreement 
by  any  party  thereto,  or  by  the  representatives  of  any  such 
party,  and  such  Court  shall  thereupon  have  the  same 
power  to  enforce  or  set  aside  such  agreement,  so  far  as  the 
same  "may  have  been  acted  upon,  as  if  such  death  or  inca- 
pacity had  not  happened  ;  and  such  Court  if  it  shall  deem 
the  agreement  to  be  in  all  respects  fair  and  reasonable, 
may  order  the  amount  due  in  respect  of  the  past  perform- 


ATTORNEYS    AND    SOLICITORS    ACT,    1870.  423 

ance  of  the  agreement  to  be  ascertained  by  taxation,  and 
the  taxing  officer  in  ascertaining  such  amount  shall  have 
regard  so  far  as  may  be  to  the  terms  of  the  agreement,  and 
payment  of  the  amount  found  to  be  due  may  be  enforced 
in  the  same  manner  as  if  the  agreement  had  been  com- 
pletely performed  by  the  solicitor  (s.  13). 

If,  after  any  such  agreement  as  aforesaid  shall  have  been  As  to 
made,  the  client  shall  change  his  solicitor  before  the  con-  so{)"ft°i!' 
elusion  of  the  business  to  which  such  agreement  shall  relate  after  agrce- 
( which  he  shall  be  at  liberty  to  do  notwithstanding  such 
agreement),  the  solicitor,  party  to  such  agreement,  shall  be 
deemed  to  have  become  incapable  to  act  under  the  same 
Avithin  the  meaning  of  section  thirteen  of  this  Act  ;  and 
upon  any  order  being  made  for  taxation  of  the  amount 
due  to  such  solicitor  in  respect  of  the  past  performance  of 
such  agreement,  the  Court  shall  direct  the  taxing  master 
to  have  regard  to  the  circumstances  under  which  such 
change  of  solicitor  has  taken  place ;  and,  upon  such 
taxation,  the  solicitor  shall  not  be  deemed  entitled  to  the 
full  amount  of  the  remuneration  agreed  to  be  paid  to  him 
unless  it  shall  appear  that  there  has  been  no  default, 
negligence,  improper  delay,  or  other  conduct  on  his  part 
affording  reasonable  ground  to  the  client  for  such  change 
of  solicitor  (s,  14). 

Except  as  in  this  part  of  this  Act  provided,  the  bill  of  a  Agree- 
solicitor  for  the  amount  due  under  an  agreement  made  in  ^!^"*^jjg 
pursuance  of  the  provisions  of  this  Act  shall  not  be  subject  exempt 
to  any  taxation,  nor  to  the  provisions  of  the  Act  of  the  taxation, 
sixth  and  seventh  Victoria,  chapter  seventy-three,  and  the 
Acts   amending   the    same    respecting   the   signing    and 
delivery  of  the  bill  of  a  solicitor  (s.  15). 

A  solicitor  may  take  security  from   his   client  for  his  Security 
future  fees,  charges  and  disbursements,  to  be  ascertained  "^^g,^  f^^ 
by  taxation  or  otherwise  (s.  16).  "         future 

Further  provision  has  recently  been  made  by  statute  a„ji^^^^jtpj.j, 
respecting  the  remuneration  of  solicitors  in  conveyancing  IJcmuncra- 
and  other  non-contentious  business,  to  which  it  niay  perhaps  ^ggj^    ' 


42^      AGREEIMENTS    BETWEEN    bOLICITOH   AND    CLIENT. 

be  convenient  here  shortly  to  refer.  By  tliis  statute — The 
Solicitors  Remuneration  Act,  1881,  44  c^  45  Vict.  c.  44— 
power  is  given  to  the  Lord  Chancellor,  the  Lord  Chief 
Justice,  the  Master  of  the  Rolls,  the  President  of  the  In- 
corporated Law  Society,  and  the  President  of  one  of  the 
Provincial  Law  Societies  or  Associations,  to  make  general 
orders  prescribing  the  remuneration  of  solicitors  in  non- 
contentious  business  (s.  2).  The  rules  proposed  to  be 
embodied  in  any  such  order  must  be  communicated  to  the 
Council  of  the  Incorporated  Law  Society,  who  are  to  be  at 
liberty  to  make  observations  thereon  as  they  may  think  fit 
(s.  8).  Section  4  lays  down  the  principles  of  remuneration 
to  be  observed  by  the  general  orders  under  the  Act ;  and 
section  5  provides  that  any  such  order  may  authorise  and 
regulate  the  taking  by  a  solicitor  from  his  client  of  security 
for  future  remuneration  in  accordance  with  any  such  order 
to  be  ascertained  by  taxation  or  otherwise,  and  the  allow- 
ance of  interest.  Any  order  under  the  Act  must  be  laid 
before  Parliament,  and  may  be  disallowed  on  address  by 
either  House  (s.  6).  As  long  as  any  general  order  under 
the  Act  is  in  operation,  the  taxation  of  bills  of  costs  of 
solicitors  is  to  be  regulated  thereby  (s.  7). 

Section  8  relating  to  agreements  between  solicitor  and 

client,  is  as  follows  : 

Power  for        (^j  )  With  respect  to  any  business  to  which  the  foregoing 

and^Hent   provisions  of  this  Act  relate, whether  anygeneral  orderunder 

to  agree  on  ^|^-g  ^^^  -g  -j^  operation  or  not,  it  shall  be  competent  for  a 

form  and  ^  •   i     i  •         t       ,  3  r 

amount  of  soHcitor  to  make  an  agreement  with  his  client,  and  lor 
a  client  to  make  an  agreement  with  his  solicitor,  before  or 
after  or  in  the  course  of  the  transaction  of  any  such  business, 
for  the  remuneration  of  the  solicitor  to  such  amount 
and  in  such  manner  as  the  solicitor  and  the  client  think 
fit,  either  by  a  gross  sum,  or  by  commission  or  percentage, 
or  by  salaiy,  or  otherwise ;  and  it  shall  be  competent  for 
the  solicitor  to  accept  from  the  client,  and  for  the  client  to 
give  to  the  solicitor,  remuneration  accordingly,  ^"^t^.  i^-ioh- 
(2.)  The  agreement  shall  be  in  writing,  signed  by  the 


reniunera 
lion 


SOLR'ITOKS'    llEMUKEKATiOX   ACT,    1881.  425 

person    to    be    bound   thereby   or    by   his    agent    in    that 
behalf. 

(3.)  The  agreement  may,  if  the  solicitor  and  the  client 
think  fit,  be  made  on  the  terms  that  the  amount  of  the 
remuneration  therein  stipulated  for  either  shall  include  or 
shall  not  include  all  or  any  disbursements  made  by  the 
solicitor  in  respect  of  searches,  plans,  travelling,  stamps, 
fees,  or  other  matters. 

(4.)  The  agreement  may  be  sued  and  recovered  on  or 
impeached  and  set  aside  in  the  like  manner  and  on  the 
like  grounds  as  an  agreement  not  relating  to  the  remune- 
ration of  a  solicitor  ;  and  if,  under  any  order  for  taxation  of 
costs,  such  agreement  being  relied  upon  by  the  solicitor 
shall  be  objected  to  by  the  client  as  unfair  or  unreasonable, 
the  taxing  master-  or  officer  of  the  Court  may  inquire  into 
the  facts,  and  certify  the  same  to  the  Court ;  and  if,  upon 
such  certificate,  it  shall  appear  to  the  Court  or  Judge  that 
just  cause  has  been  shown  either  for  cancelling  the  agi'ee- 
ment  or  for  reducing  the  amount  payable  under  the  same, 
the  Court  or  Judge  shall  have  power  to  order  such  cancel- 
lation or  reduction,  and  to  give  all  such  directions  necessaiy 
or  proper  for  the  purpose  of  carrying  such  order  into  effect, 
or  otherwise  consequential  thereon,  as  to  the  Court  or 
Judge  may  seem  fit.  ^i^-  fo/e^ 

By  section  9  the  Attorneys  and  Solicitors'  Act,  1870,  is  Restriction 
not  to  apply  to  any  business  to  which  this  Act  relates.         tor^Ac?" 

1870,  33 
&  34  Vict, 
c.  28. 


CHAPTER  YIII. 


ON   THE   DELIVERY   AND   TAXATION   OF   BILLS   OF   COSTS. 

Sect.  I. — Delivery  of  Bills  of  Costs. 

It  would  seem  tliat,  intlependeutly  of  any  statutory 
enactment,  tlic  right  of  a  solicitor  to  recover  by  action  for 
profes.sional  work  and  labour  done,  is  like  that  of  any  other 
creditor,  and  that  the  courts  have  no  inherent  right  to  direct 
a  prior  delivery  and  taxation  of  his  bills  of  costs  (see 
CoiL'dell  V.  Keale,  1  C.  B.  N.  S.  332  ;  Ex  parte  Lord 
Cawdross,  5  M.  &  W.  54.5  ;  Ex  pa  rte  Arrou'smith,  13  Ves. 
125  ;  Re  Forsyth,  34  Beav.  140 ;  on  appeal,  2  De  G.  J.  \:; 
S.  509  ;  13  W.  B.  932  ;  12  L.  T.  687).  From  an  early 
period,  however,  this  right  has  been  regulated  by  various 
Acts  of  Parliament,  passed  for  the  purpose  of  restraining 
attornies  and  solicitors  from  commencing  actions  for  their 
costs  until  they  have  delivered  bills  of  such  costs,  and  for 
empowering  courts  of  law  and  equity  to  refer  such  bills 
for  taxation.  Solicitors  and  attorneys  are  now  styled 
"  solicitors  of  the  Supreme  Court"  (Judicature  Act,  1873, 
s.  87) ;  and  see  Judicature  Act,  1875,  s.  14,  as  to  the  power 
of  adapting  enactments  to  solicitors  of  the  Supreme  Court. 
By  the  37th  section  of  the  6th  and  7th  Vict.  c.  73 
(The  Attorneys  and  Solicitors'  Act),  Avhich  partially  re- 
enacts  the  provisions  of  earlier  statutes,  it  is  provided  : — 
one  month  "That  from  and  after  the  passing  of  this  Act  no  attorney 
vcn^  It  '"  °^'  solicitor,  nor  any  executor,  administrator,  or  assignee  * 
their  bills,  of  any  attorney  or  solicitor,  shall  commence  or  maintain 


Solicitors 
not  to 
commence 
an  action 
for  fees  till 


*  An  assignee  in  bankruptcy  was  Iield  to  be  within  the  Act(iic  Walton, 
i  Iv.  &  J.  78), 


DELlVEllV    OF   BILLS   OF   COSTS.  427 

any  action  or  suit  for  the  recovery  of  any  fees,  charges,  or 
disbursements  *  for  any  business  done  by  such  attorney  or 

*  Those  payments  onhj  which  are  made  iu  pursuance  of  the  professioual 
duty  undertaken  by  the  solicitor,  and  which  he  is  bound  to  perform,  or 
which  are  sanctioned  as  professional  payments  by  tlie  general  and  esta- 
blished custom  and  practice  of  the  profession,  ought  to  be  entered  and 
allowed  as  professional  disbursements  in  the  bill  of  costs  [Re  Remnant,  11 
Beav.  603).  Where  legacy  and  probate  duties,  estimated  at  £140,  were 
payable,  in  order  to  make  available  certain  funds  in  court,  and  the 
solicitor,  at  the  request  of  the  client,  engaged  to  pay  them,  and  took  a 
charge  on  the  funds  for  £140,  and  interest,  and  then  paid  the  duties, 
amounting  to  £78  only,  it  was  held  that  that  sum  formed  a  proper  item  in 
his  account  on  the  taxation  of  his  bill  of  costs  (Re  Bedson,  9  Beav.  5). 
Money  lent  {Heviminrj  v.  Wilton,  4  C.  &  P.  318),  or  paid  in  consequence 
of  an  undertaking  to  pay  debts  and  costs  in  an  action  in  which  the  attor- 
ney is  not  professionally  engaged  (Frothvro  v.  Thomas,  6  Taunt.  196  ;  and 
see  Re  Lees,  5  Beav.  410),  does  not  seem  to  be  within  the  section  ;  secus  if 
the  monies  were  expended  in  the  course  of  proceedings  in  which  the 
attorney  was  himself  engaged  (Latham  v.  Hyde,  1  0.  k.  M.  128  ;  Fcarnc 
v.  IVilson,  6  B.  &  Cr.  86  ;  Re  Bedson,  9  Beav.  5  ;  but  see  Covxlcll  v. 
Neale,  1  C.  B.  K  S.  332). 

Agency  business  done  by  one  firm  of  solicitors  for  another  (Smith  v. 
Bimes,  4  Exch.  32  ;  Billing  v.  Coppoel-,  1  Exch.  14  ;  R.e  Strother,  3  K.  & 
J.  518  ;  Pie  Gcdye,  23  Beav.  347  ;  and  see  Hannj  v.  Mayliew,  2  W.  R. 
128  ;  Re  Taylor,  18  Beav.  165  ;  Jones  v.  Roberts,  8  Sim.  397)  is  within  the 
Act.  And  where  one  solicitor  was  emjdoyed  by  another  to  search  among 
documents  in  his  possession,  and  make  a  schedule  of  them,  his  bill  was 
held  taxable  (Re  Boicen,  20  ^Y.  R.  395  ;  41  L.  J.  Ch.  327). 

When  the  solicitor  retained  his  bill  in  his  possession,  and  refused  to  pro- 
duce it,  such  bill  was  presumed  to  be  taxable  {Re  Loughborough,  23  Beav. 
439  ;  and  see  Re  Ingle,  21  Beav.  275). 

But  the  statute  does  not  authorise  the  taxation  of  every  pecuniary 
demand  or  bill  which  may  be  made  or  delivered  by  a  person  who  is  a 
solicitor  for  every  species  of  employment  in  which  he  may  happen  to  be 
engaged  ;  thus,  the  fees  of  the  steward  of  a  manor,  who  is  a  solicitor,  but 
acts  in  the  character  of  a  steward  only,  are  not  taxable  under  the  Act 
(Allen  \.  Aldridge,  5  Beav.  401);  secus,  as  to  the  charges  of  a  solicitor 
retained  to  act  as  electioneering  agent,  and  to  advise  and  assist  the  com- 
mittee (Re  Osborne,  25  Beav.  353  ;  6  AV.  R.  401  ;  27  L.  J.  Ch.  532  ;  4  Jur. 
N.  S.  296).  Where,  however,  tlie  solicitor  was  retained  merely  as  a  can- 
vassing agent,  and  not  professionally,  \\i&  bills  were  not  liable  to  taxation 
{Re  Oliver,  36  L.  J.  Ch.  261;  15  W.  R.  331).  Where  a  solicitor  was 
appointed  returning  officer  for  a  School  Board  election,  and  sent  in  his  bill 
of  expenses  in  the  usual  form  of  a  bill  of  costs,  it  was  held  that  the  bill 
could  be  taxed  (Re  Jones,  13  Eq.  336  ;  41  L.  J.  Ch.  367  ;  20  W.  R.  395), 
A  solicitor  has  no  statutory  right  to  have  the  amount  of  his  charges  ascer- 
tained by  taxation  only  (Ex,  ^uric  Ditton,  re  Woods,   13  Ch.  J^.  31 8  j  2-3 


•128        DELIVERY    AND    TAXATION    OF   BILLS    OF    COsTS. 

solicitor,  until  the  expiration  of  one  month  *  after  such 
attorney  or  solicitor,  or  executor,  administrator,  or  assignee 
of  such  attorney  or  solicitor,  shall  have  delivered  unto  the 
party  to  be  charged  therewith,  or  sent  by  the  post  to  or 
left  t  for  him  at  liis  counting-house,  office  of  business, 
dwelling  house,  or  last  known  place  of  abode,  a  bill  of  such 
fees,  charges,  and  disbursements,  and  which  bill  shall  either 
be  subscribed  I  with  the  proper  hand  of  such  attorney  or 
solicitor  (or,  in  the  case  of  a  partnership,  by  any  of  the 
partners,  either  with  his  own  name  or  with  the  name  or 
style  of  such  partnership),  or  of  the  executor,  adminis- 
trator, or  assignee  of  such  attorney  or  solicitor,  or  bo 
enclosed  in  or  accompanied  by  a  letter  subscribed  in  like 
manner  referring  to  such  bill."  A  suit  to  foreclose  the 
equity  of  redemption  in  property  mortgaged  to  secure  costs 
is  not  a  suit  "  for  the  recovery  of  fees  "  within  this  section  ; 
and  a  solicitor  is  not  debarred  from  commencing  such  suit 
though  he  has  not  delivered  his  bill  of  costs,  nor  will 
the  proceedings  be  stayed  till  the  ret^uisites  of  the  Act  be 
complied  with  in  a  case  where  there  are  subsequent  in- 
cumbrancers (Thomas  V.  Cross,  11  L.  T.  430  ;  18  W.  R. 
166;  10  Jur.  N.  S.  1163;  5  N.  R  148;  and  see  too 
Waugh  v.  Waddell,  16  Beav.  521). 

W.  R.  402  ;  42  L.  T.  161) ;  and  where  he  proves  for  his  costs  in  the  bank- 
ruptcy of  a  client,  the  re<ristrar  has  jiuisiliction  to  determine  the  amount 
due,  availing  himself,  if  necessary,  of  the  advice  of  the  taxing  master 
{ibid.). 

*  A  calendar  month  is  meant  (s.  48  of  the  Act,  Ilyalls  v.  Reg.  12  Jur. 
458).  It  is  to  be  calculated  exclusivel}'  of  the  days  on  which  the  bill  is 
delivered  and  the  action  brought  {Blunt  v.  Hcslop,  8  Ad.  &  Ell.  577). 

t  The  bill  must  be  left  for,  not  merelj'  shown  to,  the  client  (see  Phipps 
V.  Dauhney,  16  Q.  B.  514  ;  Croicder  v.  Slice,  1  Camp.  437). 

%  An  unsigned  bill,  accompanied  by  a  signed  letter,  referring  to  the 
bill,  is  sufficient  [Ri  Bush,  8  Beav.  QQ).  An  unsigned  bill  of  costs  may  be 
referred  to  taxation  by  the  party  chargeable,  if  he  chooses  to  waive  the 
irregularity  (Re  Pender,  8  Beav.  299  ;  o?»  appeal,  2  Phil  69  ;  16  L.  J.  Ch. 
25  ;  Re  Foster,  2  De  G.  Y.k  J.  Hi;  Re  Gedye,  14  Beav.  56)  ;  but  he  is 
not  bound  to  do  so  [Billinrj  v.  Coppock,  1  Exch.  14).  An  unsigned  bill, 
delivered  more  than  twelve  months,  can  only  be  taxed  under  sjiecial  cir- 
cumstances {Re  Gcdyc,  14  Beav.  536). 


DELIVERY   OF   BILLS   OP   COSTS.  429 

The  Act  is  to  be  construed  liberally  for  the  client 
{Engleheart  v.  Moove,  15  M.  &  W.  548). 

Where  the  clients  were  liable  on  a  joint  contract,  a  What  con- 
delivery  of  the  bill  to  one  of  them  was  held  sufficient  delivery. 
{Mant  V.  Smith,  4  H.  fr  N.  324).  A  delivery  to  the 
authorised  agent  {Re  Bush,  8  Beav.  66),  or  servant 
{Macgregor  v.  Keily,  3  Exch.  794)  of  the  client  is  suffi- 
cient. But  not  a  delivery  to  his  solicitor  {Re  Abbott, 
4  L.  T.  576),  or  to  a  friend  or  relation  {Gridley  v.  Austen, 
16  Q.  B.  504,  511),  Leaving  the  bill  at  the  office  of  a 
solicitor  where  the  party  chargeable,  having  no  place  of 
business  of  his  own,  occasionally  called,  and  wrote  letters, 
and  directed  communications  to  be  addressed  to  him,  is, 
it  seems,  sufficient  {fipler  v.  Bernard,  8  L.  T.  396).  If  the 
action  is  brought  against  the  client's  executors,  a  delivery 
to  him  in  his  lifetime  is  sufficient  {Reynolds  v.  Caswell, 
4  Taunt.  193,  under  the  2  Geo.  II.,  c.  23,  which  contained 
a  similar  enactment ;  and  see  Tate  v.  Hitchens,  7  C.  B. 
875).  A  letter  addressed  to  the  provisional  committee  of 
a  railway  company,  of  which  A.  was  a  member,  and 
delivered  to  another  member  of  the  committee  at  his  place 
of  business,  is  not  a  delivery  to  A.,  within  the  statute 
{Edwards  v.  Lawless,  5  Rly.  Ca.  357). 

A  bill  of  costs  signed  by  the  attorney,  and  headed  in 
the  matter  of  business,  but  not  addressed  to  any  one,  was 
inclosed  in  an  envelope,  and  sent  by  post  to  the  client :  it 
was  held  that  there  was  a  sufficient  delivery  within  the 
Act  {Roberts  v.  Lucas,  11  Exch.  41  ;  and  see  Manning 
v.  Glyn,  1  Jones  Ir.  Ex.  Rep.  513  ;  Taylo7^  v.  Hodgson, 
3  Dowl  &  Low.  115).  See  also  as  to  delivery,  Re  Abel, 
15  W.  R.  730. 

Notwithstanding  the   statute,    a   solicitor  may,  before  What  acts 
delivering  his  bill,  set  off  a  bill  of  costs  {Lester  v.  Lazarus,  ^"^'"j"/ 
2  C.  M.  &  R.  665  ;   Brown  v.  Tibhits,  31  L.  J.  C.  P.  466 ':  2re*de- 
10  W.  R.  465  ;  6  L.  T.  385)  ;   or  prove  in  bankruptcy  {Ex  ^^  °^ 
jmrte   Prideaux,  1  Gl.   &   Jam.   28;   and   see  Ex  parte 
DpvyJnpy,  2  Rose,  59  ;    Ex  parte  Steele,  16  Ves.  166) ;    or 


4B0        DELIVERY   AXD    TAXATION   OF-  BILLS    OF    COSTS. 

sue  on  a  promissory  note  received  on  account  of  fees 
{Jeffreys  v.  Era-ns,  14  M.  &  W.  210  ;  14  L.  J.  E.ic.  363  ; 
and  see  Reece  v.  Cox,  16  L.  T.  327) ;  and  where  he  has 
taken  a  mortgage  to  secure  his  costs  he  may  sue  for  fore- 
closure though  an  order  for  taxation  has  been  obtained 
against  him  {Thomas  v.  Cross,  13  W.  R.  166  ;  10  Jur. 
N.  S.  1163  ;  11  L.  T.  430  ;  5  N.  R.  148).  It  shoukl  be 
remembered,  too,  that  the  summary  jurisdiction  given  by 
the  Act  does  not  preclude  the  client  from  bringing  an 
action  in  the  Chancery  Division  against  his  solicitor  for  an 
account  {O'Brien  v.  Leiuls,  9  Jur.  N.  S.  321  ;  Morgan  v. 
Hlggiiis,  5  Jur.  N.  S.  236 ;  Lyddon  v.  Moss,  4  De  G.  ^  J. 
104)  or  enforcing  an  agreement  for  delivery  by  petition ; 
{Re  Bailey,  34  Beav.  392).  But  a  solicitor  cannot  recover 
on  an  account  stated  in  respect  of  a  bill  of  costs,  unless  the 
bill  has  been  duly  delivered  {Brooks  v.  Bockett,  9  Q.  B. 
847).  On  the  other  hand,  a  cestui  que  trust,  out  of  whose 
property  the  bills  have  been  paid,  cannot  sue  the  solicitors 
employed  by  the  trustees  for  an  account  and  taxation 
of  the  bills  {In  re  Spencer,  Spencer  v.  Hart,  W.  N. 
(1881),  170). 

The  contents  of  the  bill  need  not  be  proved  {6  k  7 

Vict.  c.  73,  s.  37).     But  the  other  party  may  show  that 

the  bill  delivered  was  not  a  bond  fide  compliance  with  tlie 

Act  {ihid.). 

Nondeli-        '^^^^  client  must  specially  plead  the  non-delivery  of  the 

very  of       attorney's  bill  in  defence  to  an  action  by  the  attorney 

be"iSecl.  {Morgan   v.  Rv.ddocl;  10  Dowl.  Pr.  Ca.   311  ;  Lane  v. 

Glenny,  4   Ad.  &  Ell.   83;   and  see   Hitcliens   v.    Tate, 

7  C.  B.  873). 

Where  the  holders  of  shares  in  an  Industrial  and  Provi- 
dent Society,  employed  a  solicitor  in  proceedings  as  to  the 
winding  up  thereof  in  a  County  Court,  and  afterwards 
agreed  to  sell  the  shares,  and  it  was  part  of  the  agreement 
that  the  purchaser  should  pay  the  amount  due  to  the 
solicitor,  it  was  held  that  the  purchaser  had  no  right  to 
require  delivery  of  a  bill  {Re  Simpson,  W.  N.  (1878),  214). 


DELIVERY    OF   BILLS    OF   COSTS.  431 


The  common  order  for  delivery,  after  reciting:  that  the  Form  of 

r  for 

I'ery. 


petitioner  desires  to  obtain  the  papers  in  the  possession  of  "jgn^f^ 


the  solicitor  belonging  to  him,  and  that  the  solicitor 
refuses  to  deliver  up  the  same  till  his  bill  is  paid,  and, 
although  applied  to,  has  not  delivered  his  bill,  and  sub- 
mitting to  pay  what  shall  appear  to  be  due,  directs  "  that 
the  said  solicitor  do,  within  a  fortnight  after  service 
of  this  order,  deliver  to  the  petitioner  a  bill  of  fees  and 
disbursements  in  all  suits,  causes  [actions],  and  other 
matters  of  business  in  which  he  has  been  employed  as  the 
attorney  or  solicitor  for  the  petitioner  ;  and  that  it  be 
referred,"  Szc.  (see  Seton,  p.  614). 

The  proper  mode  of  enforcing  delivery  of  the  bill  is  to  How- 
serve  the  order  for  delivery  with  a  proper  endorsement,  enforced. 
under  Cons.  Ord.  XXIII.  r.   10,  as  varied  by  Gen.  Ord.,  ^,^ ^^  ^/2^^^^^,^  ^ 
7th   Jan.  1870;   see  Morgan's  Chancery  Acts  and  Ord.  1^Ji^-^£^}^<6'iT\'i\ 
p.  296.     The  order  may  then  be  enforced  in  the  same 
manner   as   a  judgment   to   the   same   effect   (R.   S.   C. 
Ord.  XLII.  r.  20),  i.e.,  by  writ  of  attachment  or  by  com- 
mittal (Ord.  XLII,  r.  5) ;  see  ReBovjen,  9  Jur.  N.  S.  612 ; 
11  W.  R.  607;   Ex  parte  Belton,  25  Beav.  368  ;  Ex  j)arte 
Alcoch,    1   C.  P.  D.  68;   24  W.  R  820;   33  L.  T.  523. 
Where  the  order  was  served  without  the  proper  indorse- 
ment, and  was  therefore  irregular,   it  was  held   that  it 
might  be  served  over  again  with  a  proper  indorsement 
{Re  Gregg,  9  Eq.  137).     As  to  the  costs  of  motions  to 
compel   delivery   of  papers,  &c.,  see   ante,  p.  54.      The 
application  to  compel  delivery  of  the  bill,  and  of  deeds,  &c., 
except  when  the  order  is  of  course,  must  now  be  made  by 
summons   at   chambers   (Gen.    Ord.,    I7th   April,    1867 ; 
Morgan's  Ch.  Acts  and  Ord.  p.  20)  ;  and  this  applies  though 
the  client   also  asks   that  a  sum  of  money  improperly 
retained   by   the   solicitor   may    be   refunded   (Re  May, 
34  Beav.  132  ;   13  W.  R.  377  ;    34  L.  J.  Ch.  236 ;    11  Jur! 
N.  S.  149  ;   11  L.  T.  658;   Re  Edmunds,  19  W.  R.  104). 
An  application  for  the  delivery  of  bills  of  costs  or  docu- 
ments in  a  solicitor's  possession  for  purposes  other  than 


4B-2        DELIVERY    AND    TAXATION    OF    BILLS    OF   COSTS. 

taxation    may   he    by   petition    {Rf    JvM'tce,    IG    W.   R. 
821). 

When  the  order  for  delivery  of  the  hill  was  disobeyed 
and  the  solicitor  swore  he  had  no  jDapers  from  which  to 
make  out  his  bill,  the  Court  refused  to  commit  him  for 
non-delivery  {Re  Ker,  12  Beav.  390).  No  action  lay  at 
law  for  disobedience  to  the  order  (Dent  v.  Basham,  9  Exch. 
469).  In  Re  Denchj,  21  Beav.  565,  a  solicitor  had  further 
time  given  him  to  make  out  his  bill  on  payment  of  the 
costs  of  the  motion. 
Effect  of  When  a  bill  has  once  been  delivered  the  solicitor  can- 

leiveiy.  ^^^_^^  make,  nor  can  the  taxincf  master  permit  any  altera- 
tions in  it,  except  by  consent  {Re  Catlin,  18  Beav.  519  ; 
Re  Anflreiu.9,  17  Beav.  510  ;  Re  WeUs,  8  Beav.  416;  and 
see  Re  Jones,  Id  479;  Re  Curven,  id.  436;  Re  Heather, 
5  Ch.  694 ;  39  L.  J.  Ch.  781  ;  18  W.  R  1079  ;  or  special 
leave  {Re  Walters,  9  Beav.  303,  note).  In  Re  Chambers, 
34  Beav.  177;  5  N.  R.  298;  13  W.  R.  375;  11  L.  T. 
726,  a  solicitor  was  allowed  to  substitute  a  reduced  bill  for 
the  one  first  delivered  ;  but  this  can  only  be  done  under 
special  circumstances,  such  as  fraud  or  mistake  {Re  IIol- 
rof/de  &  Smith,  W.  N.  (1881),  6  ;  29  W.  R.  599 ;  43  L.  T. 
722).  The  above  rule  does  not  apply  in  the  case  of  a 
taxation  as  between  party  and  party  (per  Sir  John 
Romilly,  M.  R.,  in  Davis  v.  E<irl  of  Dysart,  21  Beav.  124). 
As  to  the  mode  in  which  the  application  to  alter  a  delivered 
bill  must  be  made,  and  the  evidence  by  which  it  must  be 
supported,  see  1  Smith's  Chanc.  Pr.  151,  7th  ed. 


Sect.  II. — Form  of  Bills  of  Costs. 

General  The  bill  of  costs  is  intituled  in  the  action  or  matter.     In 

rules.  preparing  it  the   business  should  be   entered  under  the 

siltino-s  in  which  it  is  transacted,  and  at  the  head  of  each 

sittino-s  the  year  should  be  placed  ;  but  it  is  not  desirable 

to  distinguish  the  vacation  from  the  sittings.     The  bill  of 


FORM    OF   BILLS   OF   COSTS.  433 

costs  should  be  copied  bookways,  and  there  should  be  a 
broad  margin  on  the  left-hand  side  for  taxation.  It  is  a 
great  convenience  in  taxation  to  have  the  year  and  month 
placed  at  the  top  of  each  page.  Dates  should  never  be 
put  in  the  left-hand  column,  as  they  confuse  the  taxation, 
and  may  be  cast  up  amongst  the  deductions.  They  may 
be  conveniently  placed  immediately  within  the  margin,  and 
should  be  large  and  legible,  and  scored  under.  It  is  of 
great  importance  in  a  bill  where  many  attendances  are 
charged,  or  journeys  taken,  to  be  very  accurate  in  furnishing 
dates,  and  the  time  occupied  on  attendances  and  journeys, 
where  the  fees  for  the  same  are  regulated  by  time.  In 
journeys,  also,  distances  should  be  stated,  and  the  actual 
expenditure  should  be  accurately  given;  it  will  also  be 
necessary  to  show  that  the  solicitor  charging  for  a  journey 
was  not  occupied  upon  any  other  business  during  the  time 
so  charged  for. 

Bills  of  costs  for  business  done  in  relation  to  different 
matters  or  different  estates  are  frequently  made  out  under 
different  heads,  in  the  following  manner  :  "  Costs  relating 

to  letting farm  ;  "  "  Costs  relating  to  the  settlement 

of  the  claim  of  A.  B."  AVhere  the  items  are  mere  strict 
charges  in  actions,  motions,  petitions,  and  like  applica- 
tions, this  answers  very  well ;  but  where  attendances  are 
charged  the  correct  mode  of  making  out  the  whole  bill  is 
by  following  the  order  of  date.  Where  attendances  are 
charged  under  different  heads  of  business  transacted  con- 
temporaneously, repetition  of  the  same  attendances  is 
almost  unavoidable,  and  the  trouble  that  the  Taxing 
Master  experiences  in  duly  checking  bills  of  costs  so  made 
out,  is  as  great  as  it  is  needless. 

The  bill  of  costs  should  be  prepared  from  the  payments 
made,  and  the  attendances  entered;  see  2  Smith's  Ch. 
Practice,  7th  ed.  113. 

Tlie  bill,  or  some  accompanying  letter  or  other  docu-  '^^^^ 
ment  (Taylor  v.  Hodgson,  3  Dowl.  &  Low.  115 ;  Lncas  v.  sil^cified'iu 
Roberts,  11  Exch.  41'    must  specify  the  parties  sought  to  ^'"' °^ 

^^  COST'S* 


43'4        DELIVERY   AND    TAXATION    OF   BILLS   OF    COSTS. 

be  charged  {Gridley  v.  Austen,  16  Q.  B.  504  ;  13  Jur. 
680 ;  Champ  v.  Stokes,  6  H.  &  N.  683 ;  7  Jur.  N.  S.  607) ; 
the  Court  in  which  the  business  charged  for  was  done 
{Leivis  V.  Primrose,  6  Q.  B.  265 ;  Dimes  v.  Wright, 
8  C.  B.  831  ;  and  see  Ivimey  v.  Marks,  16  M.  &  W.  843 ; 
and  Engleheart  v.  Moore,  15  M.  &  W.  584),  and  the  name 
of  the  cause  (Martindale  v.  Falkner,  2  C.  B.  706 ;  but 
see  Cozens  v.  Graham,  12  C.  B.  398) ;  semhle  it  is  suffi- 
cient, however,  if  the  name  of  the  cause  appears  in  one  of 
the  items  of  the  bill  {Anderson  v.  Boynton,  13  Q.  B.  308  ; 
and  see  Kcene  v.  Ward,  ibid.  515) ;  and,  as  a  general 
rule,  it  is  sufficient  if  the  bill  gives  such  information  as 
will  enable  the  client  to  obtain  advice  as  to  the  taxation 
(Haigh  v.  Ousey,  7  Ell.  k  Bl.  578;  Cook  v.  Gillard,  1  Ell. 
k  Bl.  26  ;  Sargent  v.  Gannon,  7  C.  B.  742).  And  the  bill 
need  not  be  drawn  in  the  technical  form  of  a  debtor  and 
creditor  account  (Holmes  v.  Magrath,  5  Ir.  Law  Rep.  376). 

The  bill  should  also  specify  the  particular  items  charged 
for  (see  Dmc  v.  Clifford,  2  Car.  &  P.  09 ;  Wilkinson  v. 
Smart,  24  W.  R.  42  ;  33  L.  T.  573  ;  Philhy  v.  Hade, 
8  C.  B.  N.  S.  647). 

Thus,  payments  in  respect  of  counsels'  fees  should 
specify  the  particular  fee  paid  {Re  Smith,  4  Beav.  304). 
Particular  attendances  should  be  specified  {Re  Pender, 
10  Beav.  390),  and  where  deeds  are  charged  for,  the 
number  of  folios  in  the  deeds  should  be  stated  {per  V.  C. 
Wood,  in  Re  Foster,  1  L.  T.  130).  The  bill  is  not  invali- 
dated by  the  fact  that  it  contains  charges  for  business 
done  when  the  firm  was  differently  constituted  {Pilgrim 
V.  Hirschfeld,  12  W.  R.  51). 

A  delivery  of  a  bill  containing  only  the  items  of  the 
extra  costs,  and  omitting  items  of  taxed  costs,  which  had 
been  received  from  the  other  side,  was  held  not  to  be  a 
compliance  with  the  provisions  of  the  2  Geo.  II.,  c.  23, 
s.  23,  as  to  delivery  {Waller  v.  Lacy,  1  M.  &  Gr.  54);  and 
it  seems  that  if  the  bill  contains,  amongst  other  items, 
certain  extra  costs,  not  mentioning  the  taxed  costs,  it  is 


TAXATION  UNDER  ORDERS  OF  COURSE.       435 

bad  under  the  modern  statute  (Pigot  v.  Cadman,  1  H.  & 
N.  837 ;  and  see  Ivimey  v.  Marhs,  16  M.  &  W.  843).  For 
precedents  of  bills  of  costs  see  2:tost,  App.  No.  III. 


Sect.  III. — Taxation  under  Orders  of  Course. 

The  37th  section  of  the  6  &  7  Vict.,  c.  73,  provides  Reference 
that  "  upon  the  application  of  the  party  chargeable  by  taxation. 
such  bill "  {i.e.  the  bill  required  to  be  delivered  by  the 
preceding  clause  of  the  section)  "  within  one  month,  it 
shall  be  lawful,  in  case  the  business  contained  in  such 
bill  or  any  part  thereof  shall  have  been  transacted  in  the 
High  Court  of  Chancery,  or  in  any  other  Court  of  Equity, 
or  in  any  matter  of  bankruptcy  or  lunacy,  or  in  case  no 
part  of  such  business  shall  have  been  transacted  in  any 
Court  of  law  or  equity,  for  the  Lord  High  Chancellor,*  or 
the  Master  of  the  Rolls,  and  in  case  any  part  of  such 
business  shall  have  been  transacted  in  any  other  Court, 
for  the  Courts  of  Queen's  Bench,  Common  Pleas,  Exche- 
quer, Court  of  Common  Pleas  at  Lancaster,  or  Court  of 
Pleas  at  Durham,  or  any  judge  of  either  of  them,  and  they 
Sive  herehy  respectively  required,\  to  refer  such  bill,  and  V\/.N.  t^o.'jx. 
the  demand  of  such  attorney  or  solicitor,  executor,  ad- 
ministrator, or  assignee,  thereupon  to  be  taxed  and  settled 
by  the  proper  officer  of  the  Court  in  which  such  reference 
shall  be  made,  without  any  money  being  brought  into 
Court ;  and  the  Court  or  Judge  making  such  reference 
shall  restrain  such  attorney  or  solicitor,  or  executor,  ad- 

*  These  words  include  the  Vice  Chancellors  {Re  Carev;,  8  Beav.  128  ;  He 
Hovxird,  8  Beav.  424).  As  a  general  rule,  the  application  need  not  be 
made  to  the  Judge  who  heard  the  cause  (Itohias  v.  Mills,  1  Beav.  227  ;  and 
see  Re  Ehnslie,  12  Beav.  538,  where  the  suits  were  dismissed  and  stayed). 
But  the  rule  is  different  where  the  merits  of  the  cause  must  enter  into  the 
discussion  [Webb  v.  Grace,  12  Beav.  489).  Where  an  order  of  course  made 
at  the  Rolls  for  the  taxation  of  a  solicitor's  bill  of  costs  of  a  suit  is  not 
made  in  such  suit,  an  application  to  discharge  the  same  should  be  made  at 
the  Rolls  (Re  Bell,  4  N.  K.  497). 

t  See  Er.  jmrtc  Jarman,  4  Ch.  D.  835. 

F  F  2 


436        DELIVERY   AND    TAXATION    OF    BILLS    OF    COSTS. 


Taxation 
after  one 
month. 


ministrator,  or  assignee  of  such  attorney  or  solicitor,  from 
commencing  any  action  or  suit  touching  such  demand 
pending  such  reference ;  and  in  case  no  such  application 
as  aforesaid  shall  be  made  within  such  month  as  aforesaid, 
then  it  shall  be  lawful  for  such  reference  to  be  made  as 
aforesaid,  either  upon  the  application  of  the  attorney  or 
solicitor,  or  the  executor,  administrator,  ov  assignee  of  the 
attorney  or  solicitor,  whose  bill  may  have  been  so  as  afore- 
said delivered,  sent,  or  left,  or  upon  the  application  of  the 
party  chargeable  by  such  bill,  with  such  directions  and 
subject  to  such  conditions  as  the  Court  or  Judge  making 
such  reference  shall  think  proper;  and  such  Court  or 
Judge  may  restrain  such  attorney  or  solicitor,  or  the  execu- 
tor, administrator,  or  assignee  of  such  attorney  or  solicitor, 
from  commencing  or  prosecuting  any  action  or  suit  touch- 
ing such  demand  pending  such  reference,  upon  such  terms 
as  shall  be  thought  proper."  The  section  as  it  originally 
stood,  further  empowered  the  judge  to  authorise  an  action 
before  the  month  had  expired,  on  satisfactory  proof  that 
there  was  probable  cause  for  believing  that  the  party 
chargeable  was  about  to  leave  England  ;  but  this  clause 
was  repealed  by  s.  2  of  "  The  Legal  Practitioners  Act, 
1875,"  38  &  39  Vict.  c.  79,  which  has  substituted  the 
following  more  comprehensive,  provision  : — "  It  shall  be 
lawful  for  any  judge  of  the  Superior  Courts  of  law  and 
equity  to  authorise  an  attorney  or  solicitor  to  commence 
an  action  or  suit  for  the  recovery  of  his  fees,  charges,  or 
disbursements  against  the  party  chargeable  therewith,  and 
also  to  refer  his  bill  of  fees,  charges,  and  disbursements, 
and  the  demand  of  such  attornej'  and  solicitor  thereupon, 
to  be  taxed  and  settled  by  the  proper  officer  of  the  Court  in 
whicli  such  reference  shall  be  made,  although  one  month 
shall  not  have  exjDired  from  the  delivery  of  the  bill  of 
fees,  charges,  or  disbursements,  on  proof  to  the  satisfaction 
of  the  said  judge  that  there  is  probable  cause  for  believing 
that  the  party  chargeable  therewith  is  about  to  quit 
England,  or  to  become  a  bankrupt,  or  a  liquidating  or 


TAXATION  UNDER  ORDERS  OF  COURSE.       437 

compounding  debtor,  or  to  take  any  other  steps  or  do  any 
other  act  which,  in  the  ojDinion  of  the  judge,  would  tend 
to  defeat  or  delay  such  attorney  or  solicitor  in  obtaining 
payment." 

Under  the  Attorneys  and  Solicitors'  Act,  1843,  and  the  Order  for 
Judicature  Act,  1873,  an  order  for  taxation  of  costs  in  any  may  be 
Court  may  now  be  made  by  any  judge  of  the  Hio^h  Court  ™''^*^^?  V 

.  ..,..  IT  anj' judge 

01  Justice;  the  jurisdiction  conferred  by  s.  37  of  the  of  the  High 
former  Act  being  now  transferred  by  s.  16  of  the  latter  ^°^^^' 
Act  to  the  Judges  of  the  High  Court.  Consequently, 
where  the  claim  exceeds  £20,  the  costs  of  an  administra- 
tion action  in  a  County  Court  may  be  taxed  in  the  Chan- 
cery Division  {In  re  Worth,  18  Ch.  D.  521 ;  50  L.  J.  Ch. 
262  ;  29  W.  R  371  ;  44  L.  T.  462).  Any  of  the  Chief 
Clerks  in  the  Chancery  Division  can  now  issue  orders  of 
course  for  taxation  (Memorandum,  W.  N.  (1880),  7) ; 
formerly  they  could  only  be  obtained  at  the  Rolls. 

Questions  frequently  arise  as  to  the  meaning  of  the  "Party 
words  "  the  party  chargeable  by  such  bill."  It  has  been  Ihll:''' 
held  that  a  married  woman,  having  separate  estate,  which 
she  has  agreed  to  make  liable  for  the  costs  of  a  solicitor 
retained  by  her,  is  a  party  "  chargeable  "  within  the  sec- 
tion (Waugh  v.  Waddell,  16  Beav.  521  ;  and  see  Murray 
V.  Barlee,  3  My.  &  K.  209  ;  Re  Fugh,  17  Beav.  336  ;  Be 
Bennett,  cited  in  Seton,  p.  608).  So,  too,  the  next  friend 
of  an  infant  (Be  Fluker,  20  Beav.  143;  Be  Flower,  19 
W.  K.  578) ;  the  executors  {Jefferson  v.  Warrington,  7  M. 
k>  W.  137),  or  trustees  in  bankruptcy  (CYarA'.so7i  v.  Barker, 
7  Dowl.  87)  of  the  party  originally  liable,  are  parties 
chargeable  within  the  Act ;  but  an  insolvent  was  not 
{Be  Hahall,  11  Beav.  163);  nor  an  outlaw  {Be  Mander, 
6  Q.  B.  867).  Where  the  client  became  bankrupt  and 
the  solicitor  did  not  prove  for  his  costs  in  the  bankruptcy, 
the  assignees  could  not  get  an  order  to  tax  without 
undertaking  to  pay  the  whole  bill  {Be  Elmslie  &  Co.,  9  Eq. 
72).  A  party  in  contempt,  however,  may  apply  for  and 
proceed  with  taxation  {NevAon  v.  BicJiCtts,  11  Beav.  67). 


438        DELIVEBY  AND   TAXATION   OF   BILLS   OF   COSTS. 

A  married  woman  should  apply  by  her  next  friend  (Re 
Waugh,  15  Beav.  508) ;  and  in  Re  Godfrey,  cited  in  Seton, 
p.  008,  the  order  was  discharged  on  the  ground  {inter 
alia)  that  she  had  no  next  friend.  ^Yhere  several  per- 
sons are  jointly  chargeable,  they  should  concur  in  the 
application  {Re  Leivin,  16  Beav.  608 ;  Ex  parte  Mohhs, 
8  Beav.  499 ;  Re  Pei'Mns,  8  Beav.  241) ;  and  an  order 
obtained  by  some  only  of  several  parties  jointly  liable 
Avill  be  discharged  as  irregular  (jRe  Perkins ;  Re  Ildeiion, 
33  Beav.  201) ;  and  see  Re  Yetts,  33  Beav.  412.  But  it 
seems  that  if  one  of  the  parties  so  liable  refuses  to  concur, 
the  order  may  be  obtained  by  the  other  (Lockhart  v. 
Hardy,  4  Beav.  224  ;  Re  Hair,  10  Beav.  187  ;  Re  Kitton, 
35  Beav.  369,  where  the  Court  gave  both  parties  liberty  to 
question  the  retainer,  and  directed  the  Taxing  Master  to 
distinguish  by  and  to  whom  each  sum  found  due  was  to  be 
paid).  In  Re  Colquhoun,  5  De  G.  M.  &  G.  35  ;  23  L.  J.  Ch. 
•515,  taxation  Avas  ordered  on  the  application  of  one  party, 
the  retainer  having  heen  separate.  See,  too,  ReStej^hen,  2 
Ph.  562.  Where  the  client  is  a  trustee,  the  solicitor  ought 
to  tell  him  that  if  he  does  not  tax  the  bill  items  not 
properly  charged  will  be  disallowed  him  in  passing  his 
accounts  (Ex  ixtrte  Floiver,  18  L.  T.  457). 
Applica-  The  application  under  the  clause  set  out   above  is  ex 

course!       ^^^^'^^  ^^^  ^^  ^^urse  {Re  Pender,  2  Ph.  69  ;  7  Beav.  487  ; 
Re  Gaitskell,  1   Ph.   576;  Re  Becke,  5  Beav.    406;    Ex 
Costs  of      2^rtr^e  Ellis,  2  L.  T.  233  ;  Re  Byrch,  8  Beav.  124).     Where 
sary^'^*^^'     ^  special  petition  was  unnecessarily  presented,  the  peti- 
speciai  ap-  tioner  was  ordered  to  pay  the  costs  {Re  Bignold,  9  Beav. 
icaion.    269;  Re  Atkinson,  26  Beav.   151  ;  Bariuell  \.  Brooks,  re 
Cattlin,  8  Beav.  121).     On  the  other  hand,  a  solicitor  will 
be  ordered  to  pay  the  costs  of  a  special  application  rendered 
necessary  by  his  refusal  to  consent  to  the  common  order 
{Re  Adamson,  18  Beav.  460  ;  Re  Lett,  31  Beav.  488)  ;  or 
by  his  breach  of  an   agreement   {Ex  parte  Bailey,  3  Jur, 
N.  S.  33).     An  order  to  tax  as  against  two  solicitors,  part- 
ners, where  the  work  was  done  and  the  costs   incurred 


TAXATION  UNDER  ORDERS  OF  COURSE.       439 

by  one   of  them  alone  before   the   partnership,  will  be 
discharged  {Re  Curnot  S  Parkinson,  40  L.  J.  Ch.  608). 

The  fact  that  an  action  has  been  commenced  does  not  In  what 
necessarily  make  a  special  application  necessary  ;  see  Seton,  ^^course^"^ 
4th  ed.,  p.  616;  and  see  Re  Farington,  SS  Beav.  346.  irregular. 
But  where  a  solicitor  delivered  a  bill  of  costs,  with  a  cash 
account  at  the  foot  which  showed  a  balance  due  to  him  larger 
than  the  amount  of  the  bill,  and  then  brought  an  action  for 
the  whole  amount,  it  was  held  that  a  special  application 
must  be  made  {Re  Yetts,  3  N.  R.  598  ;  33  Beav.  412).  So 
where  the  bill  forms  part  of  a  settled  account  {Re  Holland, 
19  Beav.  314),  or  the  bill  forms  one  of  two  bills,  the  other 
having  been  paid  {Re  Hinton,  15  Beav.  192),  or  the  re- 
tainer is  questioned  [Re  Thurgood,  19  Beav.  541 ;  Re 
Ingle,  21  Beav.  275  ;  Re  Eldridge,  12  Beav.  387),  or 
there  has  been  an  order  to  change  solicitors  {Gilloiu  v. 
Rider,  15  C.  B.  729),  or  the  costs  have  been  referred  to 
arbitration  {Re  Winterbottom,  15  Beav.  80),  or  where 
there  has  been  an  agreement  that  the  solicitor  shall  have 
interest  with  annual  rests  and  a  lien  on  the  estates  re- 
covered {Re  Moss,  17  Beav.  59). 

The    mere    fact,    however,   that   an   agreement   exists  Where 
between  the  solicitor  and  the  client  as  to  the  costs  to  be  ^ftwe'en" 
charged  does  not  itself  make  a  -  special  application  neces-  client  and 
sary  {Re  Philp,  2  Gifif.  35,  from  the  Taxing  Master's  cer-  the  subject 
tificate   in   which   case    it   seems    that    even   under   the  °^  <=°^t^- 
common  order  of  course  to  tax  the  Taxing  Master  will 
have  regard  to  an  agreement  l)y  the  solicitor  to  charge 
only  costs  out  of  pocket).     But  wherever  an  agreement  of 
a  special  kind  exists,  going  to  the  whole  bill,  the  proper 
course  is   to  apply  specially  (see  Re  Ransom,  18  Beav. 
220  ;  Re  Gedye,  23  Beav.  347  ;  Re  Ingle,  21  Beav.  275  ; 
Re  Fisher,  18  Beav.  183).     Indeed,  in  the  earlier  cases  it 
appears   to    have  been  thought  that  the  existence  of  a 
special  agreement   prevented    the    Court    from    ordering 
taxation  at  all,  until  the  agreement  had  been  set  aside  by 
bill  {Re  Whitcomhe,  8  Beav.  140 ;  Barivell  v.  Brooks,  re 


440        DELIVERY    AND    TAXATION    OF   BILLS    OF  COSTS. 


Order  of 
course  to 
tax  one  of 
several 
bills. 


Order  of 
course  if 
irregular 
cannot  be 
supported 
on  the 
merits. 


Cattlin,  8  Beav.  121  ;  Re  RJiodes,  8  Beav.  224  ;  and  see 
Re  Eyre,  10  Beav.  569,  on  appeal,  2  Ph.  367).  But  these 
cases  have  been  long  overruled.  In  ^Yard  v.  Laivson,  8 
Ch.  65,  a  demurrer  to  a  bill  by  a  country  solicitor  against 
a  London  solicitor  for  an  account  and  delivery  of  bills  of 
costs  as  plaintiff's  agent,  on  the  gi'ound  that  the  proper 
remedy  was  by  petition,  was  overruled. 

Where  a  client  obtained  an  order  of  course  for  taxation, 
and  there  existed  an  agreement  between  them  which 
ought  to  have  been  mentioned,  but  which  was  in  the  pos- 
session of  the  solicitor,  the  Master  of  the  Rolls,  although 
he  regarded  the  order  of  course  as  irregular  (see  ante), 
refused  to  discharge  it  (Re  Ingle,  21  Beav.  275).  As  to 
agreements  between  solicitor  and  client  on  the  subject  of 
costs,  see  ante,  p.  417. 

An  order  of  course  to  tax  two  bills  only  where  five  are 
claimed  is  irregular  (Re  Law,  21  Beav.  481  ;  Holland  v. 
Givynne,  8  Beav.  124  ;  Re  ^Yavell,  22  Beav.  634).  But 
the  fact  that  some  of  the  items  in  the  bill  happen  to  be 
included  in  an  existing  order  to  tax  costs  in  a  suit,  is  no 
objection  to  an  order  of  course  {Re  Flulxcr,  20  Beav.  143). 

An  order  of  course  obtained  in  a  case  where  a  special 
application  is  necessary,  wdl  be  discharged,  even  though 
right  upon  the  merits  (Harris  v.  Start,  4  M.  &  C.  261  ; 
Grove  v.  Sansom,  1  Beav.  297  ;  Gregg  v.  Taylor,  1  Beav. 
123)  ;  the  suppression  of  circumstances  which,  if  stated 
to  the  Court,  w^ould  have  made  a  special  application  neces- 
sary, such  as  a  special  agreement  (Re  Mot^s,  17  Beav. 
59),  or  a  previous  reference  of  the  costs  to  arbitration  [Re 
Winterbottom,  15  Beav.  80),  or  a  payment  of  one  of  two 
bills  of  costs  (Re  Hinton,  15  Beav.  192,  and  comp.  Re 
Holland,  19  Beav.  314;  Re  Thurgood,  ibid.  541  ;  i?e 
Walker,  14  Beav.  227 ;  and  see  ante)  being  itself  a 
ground  for  discharging  the  order  of  course.  See,  however, 
Re  Ingle,  21  Beav.  275,  cited  above,  and  Re  David, 
30  Beav.  278,  where,  in  an  action  by  a  client  against  his 
solicitor,  the  latter  pleaded  his  bill  of  costs  by  way  of  set- 


TAXATION  UNDER  ORDERS  OF  COURSE.       441 

off,  and  the  client  obtained  an  order  for  the  delivery  of 
the  bill,  and  suffered  himself  to  be  nonprossed  ;  and  it  was 
held  that  it  was  not  necessary  to  state  these  circumstances 
on  an  ex  imrte  application  for  taxation  ;  and  the  fact 
that  the  special  circumstance  is  disputed  by  the  client, 
makes  no  difference  (Be  Feucheres  v.  Baiues,  II  Beav.  46). 
The  irregularity -in  the  order  will  be  waived,  however,  if  Waiver  of 
the  solicitor  attends  the  taxation,  or  otherwise  acts  upon  {arify '  • 
the  order  (Re  Wavell,  22  Beav.  634  ;  Re  Field,  16  Beav. 
593).  So,  upon  a  petition  for  consequential  directions 
after  taxation,  it  was  held  to  be  too  late  to  object  that  the 
application  ought  to  have  been  a  special  one  [Re  Hair, 

11  Beav.  96).  Where,  after  a  solicitor  had  delivered  his 
bill  of  costs,  he  executed  a  deed  of  assiofnment  of  all  his 
property,  which  became  binding  on  all  his  creditors  under 
the  Bankruptcy  Act,  1861,  and  the  clients  afterwards 
obtained  the  common  order  to  tax,  the  M.  R.  held  that  the 
solicitor,  by  going  in  before  the  Taxing  Master  and 
defending  himself  by  affidavits,  had  precluded  himself 
from  objecting  to  the  order,  and  dismissed  with  costs  his 
motion  to  discharge  the  order  for  taxation  (Re  Bavtrum, 

12  W.  R  660) ;  but,  on  appeal,  the  Court  discharged  the 
order  as  to  costs,  and  allowed  the  clients  to  complete  the 
taxation  on  their  undertaking  not  to  proceed  personally 
against  the  solicitor  (S.  C.  ihid.  699  ;  10  L.  T.  313,  257). 
See,  too.  Re  Bevan  v.  Girling,  12  W.  R.  196.  An  appli- 
cation to  amend  or  vary  a  taxation  on  the  ground  of  a 
mistake  in  the  order  must  be  made  promptly,  or  it  will  be 
refused  [In  re  Tibhifts,  W.  N.  (1881),  168). 

A  form  of  order  to  tax  on  the  client's  application  is  Forms  of 
given  in  the  schedule  to  the  Rules  of  April,  1880,  H.  39  ;  °^"f '"' ^ 
that  of  the  order  on  the  solicitor's  application  in  the  same 
schedule,  H.  40.    The  Chancery  form,  however,  is  that  given 
in  Seton,  4th  ed.,  pp.  604,  605.     For  form  of  order  to  tax 
after  action  brought,  see  same  Sched.  H.  41 ;  Seton,  p.  616. 

Under  the  common   order  for  taxation,  the   Master  is  Powers  of 
bound  to  take  a  general  account  of  receipts  and  payments  MaTtelJ^f^■^cjJ,!?^' 


442        DELIVERY   AND   TAXATION   OF  BILLS   OF  COSTS. 


under 
order  of 
course  for 
taxation. 


Unprofes- 
sional 
items. 


Improper 
or  informal 
proceed- 
ings. 


Monies  out 
of  pocket. 


Interest. 


"Where 
solicitor 
claims 
lien. 


by  the  solicitor  as  agent  to  tlie  client  (Eussel  v. 
Buchanan,  9  Sim.  167  ;  Cooper  v.  Ewavt,  15  Sim.  564  ; 
2  Ph.  362) ;  but  see  Jones  v.  James,  1  Beav.  307  ;  Re 
Smith,  4  Beav.  309  ;  9  Beav.  182,  from  which  it  would 
seem  that  the  Master  is  not,  under  such  an  order,  autho- 
rised to  take  an  account  of  pecuniary  matters  between  the 
solicitor  and  client  generally,  but  must  confine  himself  to 
payments  by  the  client,  on  account  of  the  hill  of  costs, 
unless  by  agreement  between  the  solicitor  and  client  the 
monies  coming  into  the  hands  of  the  solicitor  are  to  be 
applicable  to  payment  of  the  bill  of  costs.  See  observa- 
tions on  these  cases  in  Cooper  v.  Ewart,  2  Ph.  362  ;  and 
see  also  Davenport  v.  Poivell,  14  Sim.  275  ;  Re  May,  34 
Beav.  132 ;  5  N.  R  297  ;  13  W.  R.  377  ;  34  L.  J.  Ch. 
236;  11  L.  T.  658;  Jones  v.  James,  1  Beav.  307;  Re 
Savery,  13  Beav.  424. 

In  Waring  v.  Williams,  2  Beav.  1,  it  was  held  that  a 
solicitor  ought  to  have  credit  for  various  items  in  his  bill 
of  costs  (if  due),  though  entirely  unconnected  with  pro- 
fessional employment.     See  as  to  this,  2^ost,  sect.  Y. 

Under  the  common  order  to  tax,  the  Master  may  take 
into  consideration  the  costs  of  improper  {Wiggins  v. 
Peppin,  2  Beav.  403  ;  Re  Atkinson,  26  Beav.  151)  or 
informal  proceedings  (Clayton  v.  Meadov:s,  2  Hare,  34). 

It  seems  that,  under  the  usual  ta.Kation  order,  a  solicitor 
is  entitled,  in  the  absence  of  negligence  or  improper  con- 
duct, to  be  allowed  all  monies  paid  out  of  pocket  {Re 
Page,  32  Beav.  487;  9  Jur.  N.  S.  1116  ;  11  W.  K  584). 

The  Taxing  Master  may  allow  interest  at  such  rate 
as  he  thinks  just  on  disbursements  by  the  solicitor,  and 
on  the  client's  money  improperly  retained  by  the  solicitor, 
and  have  special  regard  to  the  skill,  labour,  and  responsi- 
bility involved  (33  &  34  Vict.,  c.  28,  ss.  17,  18). 

As  to  the  power  of  the  Taxing  Master  to  go  into  a 
question  of  retainer  on  an  order  of  course,  see  ante,  p.  438. 

The  order  should  not  direct  the  solicitor  to  deliver  up 
all  papers  belonging  to  the  petitioner  if  the  solicitor  has 


TAXATION   ON   SPECIAL  APPLICATIONS.  443 

a  lien  on  some  of  the  papers  (Re  Pender,  8  Beav.  229). 
It  is  discretionary  with  the  Court  whether  or  not  to  add 
the  order  for  the  delivery  up  of  papers  ;  see  Ex  parte 
Jarman,  4  Ch.  D.  8.35  ;  46  L.  J.  Ch.  485,  where  the  rule 
is  laid  down  by  Jessel,  M.  R.,  following  Be  Byrch,  8  Beav. 
124;  Be  Teague,  11  Beav.  318,  must  be  considered  over- 
ruled. The  Court  will,  before  the  completion  of  a  taxa- 
tion, order  the  delivery  up  of  papers  by  a  solicitor  to  his 
client,  upon  payment  into  Court  of  the  amount  claimed 
(Be  Jeivitt,  34  Beav.  22) ;  or  in  case  it  appears,  from  the 
solicitor's  own  account,  that  a  balance  is  due  from  him  to 
his  client  (Be  Bevan  and  Whitting,  33  Beav.  439,  where 
the  solicitor  had  been  discharged  ;  see  6  Eq.  328). 


Sect.  IV. — Taxation  on  spe<iial  Applications. 

(a)   before   PAYMENT. 

The  37th  section  of  6  &  7  Vict.,  c.  73,  provides  that 
no  such  reference  as  aforesaid  (see  ante,  p.  435)  shall  be 
directed  upon  an  application  made  by  the  party  chargeable 
with  such  bill  after  a  verdict  shall  have  been  obtained  or 
a  writ  of  inquiry  executed  in  any  action  for  the  recovery 
of  the  demand  of  such  attorney  or  solicitor,  or  executor, 
administrator,  or  assignee  of  such  attorney  or  solicitor,  or 
after  the  expiration  of  twelve  months  after  such  bill  shall 
have  been  delivered,  sent,  or  left  as  aforesaid,  except 
under  special  circumstances,  to  be  proved  to  the  satisfac- 
tion of  the  Court  or  Judge  to  whom  the  application  for  such 
reference  shall  be  made.  Twelve  months  after  delivery 
even  an  unsigned  bill  can  only  be  referred  for  taxation 
under  "special  circumstances  "  {Be  Gedye,  14  Beav.  56). 

"To  entitle  a  client  to  taxation  under  this  clause,  he  What  are 
must  show  one  of  two  things — either  pressure  or  gross  circum- 
overcharge,  amounting  to  what  this  Court  designates  as  stances." 
fraud  "  {per  V.  C.  Wood,  in  Be  Strother,  3  K.  &  J.  528). 


444        DELIVERY   AND    TAXATION    OF   BILLS    OF   COSTS. 

Large  and  unusual  charges,  requiring  explanation,  are 
sufficient  [Re  Rohinson,  L.  R  3  Ex.  4  ;  16  W.  R.  110  ; 
37  L.  J.  Ex.  11  ;  17  L.  T.  479)  ;  and  see  also  Watson  v. 
Rodivell,  7  Ch.  D.  G25  ;  47  L.  J.  Ch.  418;  26  W.  R  524, 
j)ost,  p.  457. 

The  question  as  to  what  constitutes  pressure  or  gi'oss 
overcharge  amounting  to  fraud  more  frequently  arises  on 
application  to  tax  after  payment,  the  authorities  on  which 
question  are  considered  in  the  next  paxl  of  this  section 
(ijost,  p.  447).  As  a  general  rule,  the  same  circumstances 
which  would  be  considered  "  special,"  so  as  to  justify  taxa- 
tion after  payment,  will  be  held  to  justify  taxation 
under  the  clause  cited  above  (but  see  observations  of 
V.  C.  Wood,  in  Re  Strofher,  3  K.  &  J.  532  ;  and  Re 
Williams,  15  Beav.  417,  joosO-  It  seems,  however, 
that  the  Court  may  order  taxation  under  this  clause 
on  grounds  which  could  not  arise  in  the  case  of  an  appli- 
cation for  taxation  after  payment.  Thus  a  dispute  as  to 
the  bill  being  completed  has  been  held  to  be  a  "  special 
circumstance"  justifying  taxation  more  than  twelve 
months  after  delivery  (Re  BagsJunve,  2  De  G.  &  Sm.  205 ; 
Binns  v.  Hay,  13  L.  J.  Q.  B.  28  ;  see,  too,  dicta  in  Re 
Mander,  6  Q.  B.  871 ;  and  Hughes  v.  Murray,  9  L.  T. 
93).  Where  a  solicitor  has  been  retained  for  a  particular 
business,  his  bill  of  costs  for  carrying  it  through  generally 
constitutes  one  bill  (Stokes  v.  Truni]ier,  2  K.  &  J.  232  ; 
and  see  Re  Peach,  2  D.  &  L.  33).  But  successive  bills  of 
costs  in  such  matters  as  bankruptcy  administration  or 
winding  up  are  not  necessarily  to  be  treated  as  one  bill 
brought  down  to  the  date  of  the  latest  delivery  {Re  Hall 
l'  Barker,  9  Ch.  D.  538  ;  47  L.  J.  Ch.  625  ;  26  W.  B.  501)  ; 
and  see  Re  Cartivright,  16  E(|.  469,  where,  however,  under 
the  circumstances,  taxation  of  a  series  of  bills,  most  of 
them  delivered  more  than  twelve  months,  was  directed. 
Re  Street,  10  Eq.  165.  So  the  continuance  of  the  rela- 
tionship of  solicitor  and  client  after  the  delivery  and  until 
directly  before  the  application  for  taxation,  has  been  con- 


TAXATION    ON   SPECIAL   APPLICATIONS.  445 

sidered  a  material  circumstance  (see  observations  of  L.  J. 
Knight  Bruce  in  Re  Kicholson,  3  De  G.  F.  &  J.  93,  100  ; 
Ex  29«rfe   Flower,  18  L.  T,    457 ;   S.  C.    sub  noni.  Re 

F ,  16  W.  R  749)  ;  but  in  Re  Elmslie  d-  Co.,  16  Eq. 

326  ;  28  L.  T.  731,  Bacon,  Y.  G,  held  that  this  alone  was 
not  sufficient ;  and  see  Re  Carhuriglif,  16  Eq.  469.  And 
the  possession  of  the  papers  in  the  cause  by  the  solicitor 
{Re  Gedye,  14  Beav.  56),  and  the  fact  that  he  has  com- 
menced an  action  against  the  client  {Bennett  v.  Hill,  21 
L.  T.  Old  S.  101),  have  been  held  not  to  be  circumstances 
justifying  the  reference  for  taxation.  Where  a  country 
solicitor  with  an  office  in  town  conducted  personally  the 
business  which  would  ordinarily  1)0  transacted  by  a  town 
agent,  it  was  held  that  he  was  not  entitled  to  charfje  for 
letters  passing  between  the  two  offices,  but  that  such 
charges  were  not  "  overcharcjes  amounting  to  fraud,"  such 
as  to  induce  the  Court  to  refer  the  bill  more  than  twelve 
months  after  delivery  {Re  Ilarle,  17  W.  R  21  ;  19  L.  T. 
305). 

It  was  said  by  Lord  Cran worth,  in  Re  Barnard,  2  De  G.  Sho\ikl  af- 
M.   &   G.   365,  that   the  special  circumstances  relied   on  ^°J'|^^J"""® 
"  must  be  such  as  to  afford  a  reasonable  excuse  for  not  applying 
applying  sooner,  not  circumstances    of  which   the  client  ^*^""*^'" 
could  reasonably  have  availed  himself  before."     See,  how- 
ever, this  observation  explained  by  V.   C.  Wood,  in  Re 
Strother,  3   K.   &  J.  527.     Thus,  in  the  case  just  cited, 
taxation  was  ordered  under  this  clause  upon  a  petition 
presented  more  than  twelve  months  after  delivery  on  the 
ground  of  gross  overcharges  aniounting  to  fraud,  coupled 
with  misrepresentations  by  the  solicitor  in  accounting  for 
one  of  the  items  overcharged,  notwithstanding  that  the 
client  knew  of  the  circumstances,  and  had  another  leefal 
adviser  within  a  month  of  the  delivery,  and  might  reason- 
ably have  availed  himself  of  those  circumstances  to  pre- 
sent the  petition  within  the  twelve  months  {Re  Strother, 
3  K.  &  J.  518).     In  another  case  {Re  Williams,  15  Beav. 
417)  taxation  was  ordered  eighteen  months  after  delivery, 


446        DELIVERY   AND    TAXATION    OF   BILLS    OF   COSTS. 

the  bill  having  been  delivered  long  after  application,  just 
as  the  client  was  going  abroad,  and  containing  substantial 
overcharges  not  acquiesced  in. 

Re  Nichol.  In  Re  Nicliolson,  3  De  G.  F.  t  J.  93,  the  solicitor  had 
acted  for  the  client  from  1833  to  1857,  and  during  that 
period  received  and  paid  large  sums  of  money  on  his 
account.  In  November,  1853,  the  solicitor  delivered  to 
his  client  his  account  current  from  1833  to  that  time,  and 
in  it  took  credit  for  twenty-seven  bills  of  costs,  which  he 
delivered  at  the  same  time.  The  solicitor  afterwards,  in 
February,  1857,  and  June,  1857,  delivered  continuations 
of  his  accounts,  taking  credit  in  them  for  subsequent  bills 
of  costs,  which  were  delivered  along  with  the  accounts  in 
which  they  were  included.  None  of  the  accounts  were 
ever  settled.  In  July,  1857,  the  relation  of  solicitor  and 
client  was  determined,  and  the  client  placed  the  matter  in 
the  hands  of  a  fresh  solicitor.  In  March,  1858,  the  last 
account  was  delivered,  with  another  bill  of  costs.  In  April, 
1858,  the  client  presented  a  petition  for  taxation  of  all  the 
bills,  showing  considerable  items  of  overcharge.  It  was 
held  that  a  taxation  of  all  the  bills  ought  to  be  directed, 
though  most  of  them  had  been  delivered  more  than  twelve 
months  before  the  petition  was  presented. 

Re  Bar-  But  where  in  an  action  brought  by  a  solicitor  against 

oiard.  ijjg  client,  upon  his  bill  of  costs,  the  client  obtained  an 
order  for  taxation  on  the  terms  of  withdrawing  all  his  pleas 
except  that  of  iniiiquam  indebitatus,  and  afterwards  he 
withdrew  all  his  pleas,  and  applied  to  the  Judge  for  an 
order  of  taxation,  under  the  6  &  7  Vict.,  c.  73,  which  was 
refused  for  want  of  jurisdiction,  it  was  held  that  the  client 
could  not  obtain  an  order  for  taxation  from  the  Court  of 
Chancery,  there  being  no  special  circumstance  beyond  mere 
overcharge  {Re  Barnard,  2  De  G.  M.  &  G.  359).  In  this 
case  it  seems  to  have  been  thought  that  the  jurisdiction 
given  by  the  Act  did  not  exist  when  the  solicitor  had  ob- 
tained judgment  in  his  action. 

Where  Where  an  action  had  been  brought  by  an  attorney  for 


TAXATION   ON   SPECIAL   APPLICATIONS.  447 

£68,  being  the  balance  of  untaxed  costs,  more  than  twelve  solicitor 
months  after  the  delivery  of  the  bill,  and  it  appeared  that  take^ess 
before  action  the  attorney  had  offered  to  take  £40  in  full,  than  the 
the  bill  was  ordered  to  be  taxed  {Hughes  v.  Murray,  9  L.  bin. 
T.  93). 

A  winding-up  order  suspends  the  operation  of  the  twelve  Winding- 
months'  rule  ;  so  that  a  bill  taxable  in  point  of  time  at  the  ^^  ^^^  ^^' 
date  of  the  winding-up  order,  and  a  bill  subsequently  de- 
livered to  the  official  liquidator,  must  both  be  taxed  before 
payment,  although  more  than  twelve  months  have  elapsed 
since  the  delivery  of  the  second  bill  {Ex  ixivte  Evans,  11 
Eq.  151  ;  and  see  Re  James,  4  De  G.  &  Sm.  183). 

Special  applications  for  taxation  must  now  be  made  by 
summons  at  Chambers  (Ord.  April  17th,  1867,  r.  1). 

As  to  taxation  after  twelve  months  in  cases  where  there 
is  an  order  to  tax  outside  the  Act,  see  Ex  parte  Blair,  5 
Ch.  482  ;  De  Bay  v.  Griffi^n,  10  Ch.  291  ;  23  W.  R.  737. 


(b)   AFTER   PAYMENT. 

The  41st  section  of  the  6  &  7  Vict.,  c.  73,  enacts  that  6  &  7  Vict. 
'' the  payment  of  any  such  bill  as  aforesaid  "  (-i.e.  any  bill  "  '" 
the  taxation  of  which  is  provided  for  by  the  precedino- 
sections  of  the  Act,  see  ante,  pp.  426,  427,  and  notes  thereto. 
Re  Dowries,  5  Beav.  425),  "  shall  in  no  case  preclude  the 
Court  or  Judge  to  whom  application  shall  be  made  from 
referring  such  bill  for  taxation,  if  the  special  circumstances 
of  the  case  shall  in  the  opinion  of  such  Court  or  Judge 
appear  to  require  the  same,  upon  such  terms  and  conditions 
and  subject  to  such  directions  as  to  such  Court  or  Judge 
shall  seem  right,  provided  the  application  for  such  reference 
be  made  within  twelve  calendar  months  after  payment." 
The  application  must  now  be  by  summons  in  Chambers, 
see  above. 


448        DELIVEEY   AND    TAXATION    OF   BILLS    OF   COSTS. 


"Wlietlicr 
security 
equivalent 
to  pay- 
ment. 


Retainer  of 
monies  by 
solicitor 
not  eijui- 
valent  to 
payment. 


The  giving  of  security  is  for  the  purpose  of  this  section 
equivalent  to  payment  (Re  Boijle,  Ex  jKirte  Turner,  5  De 
G.  M.  k  G.  540  ;  Re  Harper,  10  Beav.  284  ;  Re  Curr'ie,  9 
Beav.  602).  But  in  a  case  at  common  law  {Re  Harries,^S 
M.  t  W.  3)  it  was  held  that  if  a  client  gave  tlie  solicitor  a 
bill  of  exchange  or  promissory  note  for  the  amount  of  his 
bill,  the  twelve  months  mentioned  in  this  section  ran  not 
from  the  time  when  the  bill  or  note  was  given,  but  from 
the  time  when  it  was  actually  paid,  unless  there  were  cir- 
cumstances in  the  case  to  show  that  the  contrary  was  the 
intention  of  the  parties.  See,  too.  Re  Drake,  22  Beav. 
488  ;  Snyer  v.  Wag.sfaf,  o  Beav.  415. 

But  it  is  clear  that  the  mere  retainer  by  the  solicitor  out 
of  monies  in  hand  of  the  amount  of  his  bill  without  any 
settlement  of  accounts,  is  not  equivalent  to  payment  (Re 
Bkjnold,  9  Beav.  269;  Re  Steele,  20  L.  J.  Ch.  562  ;  Re 
Caivley  c£-  Whatleij,  18  W.  R  1125  ;  Re  Brady,  15  W.  R. 
682  ;  Re  Street,  10  Eq.  165  ;  39  L.  J.  Ch.  495  ;  22  L.  T. 
429) ;  nor  a  mere  payment  on  account  (Re  Woodard,  18 
W.  R.  37) ;  nor  an  agreement  entered  into  by  the  solicitor 
with  his  client,  an  ignorant  person,  that  the  solicitor  shall 
receive  a  fixed  sum  in  lieu  of  his  costs  (Re  Ingle,  21  Beav. 
257;  Re  Keivman,  30  Beav.  196);  nor  a  compromise 
effected  under  circumstances  of  pressure  followed  by  pay- 
ment of  a  gross  sum  {Re  Stephen,  2  Ph.  562)  :  it  being 
settled  that  the  payment  of  a  gross  sum  to  a  solicitor  in 
discharge  of  his  claim  without  any  bill  of  costs  being 
delivered,  does  not  disentitle  the  client  to  have  a  proper 
bill  delivered  and  taxed  {Re  Blachmore,  13  Beav.  154). 
In  such  cases  therefore  a  special  application  is  not  gene- 
rally necessary ;  but  in  Re  Street  it  was  held  that  under 
the  circumstances  a  special  application  must  be  made. 

Under  special  circumstances,  however,  such  as  the  lapse 
of  a  number  of  years,  during  which  the  right  to  retain  the 
money  has  not  been  questioned,  a  retainer  by  the  solicitor 
may  be   treated    as    equivalent   to   payment   (Ex  ixirte 


TAXATION   ON    SPECIAL   ArPLICATIONS.  449 

ShacMI,  Re  Vines,  2  De  G.  M.  &  G.  842);  and  see 
Allen  V.  Jarvis,  4  Ch.  616. 

The  application  under  this  section  which  was  formerly  Applica- 
by  petition,  is  now  made  by  summons  in  chambers  (General  made. 
Order,  April  17th,  1867,  r.  1). 

The  application  shoidd  be  made  as  soon  as  possible  after  Effect  of 

I'll  c  11'        delay  in 

payment ;  the  unexplamed  lapse  oi  several  months  being  applying 
in  itself  an  oV)jection  to  the  application  even  though  the 
whole  period  of  twelve  months  has  not  elapsed  {Re  Baylei), 
18  Beav.  41.'),  where  the  delay  was  for  eleven  months  ;  Re 
PiKjh,  32  Beav.  173,  where  it  was  for  ten  months ;  Re 
Brovrae,  1  De  G.  M.  &  G.  322,  whereit  was  for  nine  months). 
See,  too,  Re  Whicher,  13  M.  &  W.  569  ;  2  Dowl.  &  L.  407, 
where  it  was  said  that  the  special  circumstances  relied  on 
ought  to  be  "  circumstances  newly  come  to  the  knowledge 
of  the  client ;"  and  Re  Pugh,  32  Beav.  173, 175,  on  appeal, 

1  De  G.  J.  &  S.  673 ;  11  W.  R.  762,  where  the  Master  of 
the  Rolls  stated  that  the  reason  why  the  Court  would  not 
allow  taxation  after  payment  where  there  had  been  delay 
in  making  the  application,  was  that  the  solicitor  might 
lose  his  vouchers,  or,  no  objection  being  made  to  his  bill,  ho 
might  not  think  it  necessary  to  preserve  them,  and  so 
might  be  deprived  of  the  means  of  proving  the  facts 
material  for  the  allowance  of  money  items.  See,  too,  ante, 
p.  444,  seq.  In  Re  Fielder  and  Sumner,  40  L.  J.  Ch. 
615  ;  25  L.T.  oQ,  the  Master  of  the  Rolls  held,  that  where 
the  client  has  paid  under  pressure  before  delivery  of  the 
bill  he  is  entitled  to  have  it  taxed  at  any  time  within  one 
year. 

The  "  special  circumstances  "  which  induce  the  Court  to  What  are 
order  taxation  after  payment  are  :  first,  pressure,  accom-  drcum'-^ 
panied  by  some  overcharcje  ;    and  secondly,  overcharsres  stances." 
amountmg  to  evidence  of  fraud  (see  «?i/e,  p.  444,  as  to  ^  Cs-^.V ■^'^ 
taxation  twelve  months  after  delivery ;  and  see  Re  Neivnutn, 

2  Ch.  707  ;  Re  Foster,  Ex  parte  Walker,  2  De  G.  F.  &  J. 
117). 

Cases  of  pressure  usually  occur  where  the  solicitor,  having  i.  Pressure 

^  „  accom- 


450        DELIViaiY   AND    TAXATION    OF   BILLS    OF   COSTS. 


panieil  by 
some  over- 
charge. 

Refusal  of 
solicitor 
to  deliver 
lip  deeds 
unless 
paid. 


raymcnt 
fullowiug 
imme- 
diately 
after 
deliverv. 


deeds  in  his  possession  which  it  is  of  importance  to  the 
chent  to  obtain,  refuses  to  deliver  up  such  deeds  unless  his 
bill  is  paid.  Thus,  where  a  deed  was  necessary  for  the 
completion  of  a  purchase,  but  the  solicitor  refused  to 
deliver  it  up,  unless  his  bill  was  paid,  taxation  was  ordered 
under  the  41st  section  of  the  Act  {Re  Tryon,  7  Beav.  496  ; 
Re  Pugh,  32  Beav.  173,  176,  S.  C,  on  appeal,  1  De  G.  J. 
&  S.  673 ;  11  ^V.  R  762 ;  Re  Bennett,  8  Beav.  467 ;  Re 
Wells,  8  Beav.  416 ;  and  see  Re  Neivman,  2  Ch.  707). 
So,  again,  where  a  solicitor  for  a  mortgagee  refused  to  allow 
a  redemption  of  the  mortgaged  premises  on  a  transfer  of  the 
mortgage  to  take  place,  unless  the  mortgagor  paid  his  bill 
{Re  Alcock,  ex  2Jcirte  Wilki7ison,  2  Coll.  92) ;  or  threatened 
that  unless  his  bill  were  paid,  the  property  should  be  sold 
under  the  power  of  sale  {Re  Mo-'^ehj,  15  \V.  R.  975).  In  such 
cases  the  fact  that  the  bill  has  not  been  delivered  in  sufficient 
time  to  enable  the  client  to  examine  it  before  payment  is 
always  a  material  circumstance.  Thus,  where  the  bill  was 
not  delivered  until  the  day  appointed  for  the  completion 
of  a  transfer  of  mortgage,  taxation  was  ordered,  notwith- 
standing payment  (i?e  Philpotts,  18  Beav.  84;  see,  too, 
Ex  imrte  Willinson,  where  the  bill  was  not  delivered 
until  the  evening  of  a  Saturday,  the  day  appointed  for 
payment  of  the  mortgage  being  the  following  Monday). 
Again,  in  Re  Ranee,  22  Beav.  177  (where,  however,  there 
were  'also  items  of  overcharge),  the  bill  was  delivered  to 
the  mortgagor  four  days  before  payment,  there  being  at 
the  time  legal  proceedings  pending  against  him,  and  the 
Court,  considering  it  a  mixed  case  of  pressure  and  over- 
charge, ordered  taxation  ;  see,  too,  Re  Jones,  8  Beav.  479  ; 
Re  Sladden,  10  Beav.  488  ;  and  Re  ElmsUe,  12  Beav. 
588,  Avhere  the  bill  was  delivered  the  evening  before  it 
was  paid.  "  When  the  completion  of  the  business  within 
a  short  time  is  necessar}',  and  the  party  who  is  liable  to 
pay  is  willing  to  pay  at  once  the  whole  amount,  provided 
the  right  to  taxation  be  reserved,  and  this  offer  is  refused, 
I  think    these   are  special    circumstances  which  justify 


TAXATION   ON   SPECIAL   APPLICATIOKS.  451 

taxation,  if,  when  the  bill  of  costs  is  looked  at,  it  appears 
substantially  to  require  taxation"  Q)cr  Rolt,  L.  J.,  in  Re 
Neivman,  2  Ch.  p.  713). 

The  fact  that  the  solicitor  is  about  to  enforce  his  securities  Ot^ier 
by  legal  proceedings  {Re  Ranee,  22  Beav.  177;  i?c  pSsure 
Kinneir,  7  W.  R  175),  or  by  a  sale  (Re  Sladden;  10  Beav. 
488),  is  of  importance  as  evidencing  pressure.  In  Re 
Foster,  ex  parte  Walker,  2  De  G.  F.  &  J.  105,  the  solicitor, 
who  had  a  security  on  his  client's  furniture,  farming  stock, 
&c.,  with  a  power  of  sale,  gave  notice  that  unless  his  bill 
was  paid  on  the  same  day  he  should  take  possession  under 
his  bill  of  sale,  and  accordingly  did  so,  and  the  client  paid 
the  bill  under  protest.  On  proof  that  the  bill  contaiued 
items  to  a  considerable  amount  subse(i[uent  to  the  security, 
and  on  proof  of  over-charges,  the  bill  was  ordered  to  be 
taxed,  although  it  had  been  delivered  four  months  before 
payment ;  see,  too,  Nohes  v.  Warton,  5  Beav.  448,  where 
the  client  had  had  time  to  examine  the  bill,  and  had 
actually  obtained  professional  advice  respecting  it,  and  had 
obtained  a  considerable  deduction.  Again,  where  solicitors 
had  acted  for  the  committee  of  a  provisionally  registered 
company  who  compromised  their  claim  by  paying  them  a 
fixed  sum  in  lieu  of  their  bill,  under  pressure  of  threats 
that  the  solicitors  would  act  adversely  to  the  wishes  and 
policy  of  the  committee,  a  member  of  such  committee  was, 
notwithstanding  payment,  held  entitled  to  have  the  bill 
taxed  {Re  Stephen,  2  Ph.  562,  577). 

Where  the  bill  had  been  delivered  a  month  before  pay-  Where^ 
ment,  the  Court  held  that  no  case  of  pressure  had  been  elapses 
made  out  {Re  Jones,  8  Beav.  479);  so  where  the  period '?^*^'^^" 
which  elapsed  between  delivery  and  payment  was  nearly  and  pay- 
three  weeks  {Re  Harrison,  10  Beav.  57),  or  a  fortnight  ^^^^' 
(Re  Neate,  10  Beav.  181),  or  even  a  week  {Re  Welchman, 
11  Beav.  319  ;  comp.  Re  Mash,  15  Beav.  83) ;  and  where 
the  bill  is  paid  voluntarily  and  without  pressure,  it  seems 
that  the  fact  of  the  payment  following  immediately  upon 
the  delivery  will  not  of  itself  warrant  a  taxation  (Re  Dreiv, 

u  G  2 


452        DELIVERY   AND   TAXATION    OF   BILLS    OF    COSTS. 

10  Beav.  368  ;  Re  Fyson,  9  Beav.  117  ;  Re  Carrie,  9 
Beav.  602)  ;  but,  coupled  with  other  circumstances,  it  may 
be  material  (Re  Currie ;  Re  Abbott,  18  Beav.  393). 
Indeed,  if  the  client  is  in  the  power  or  at  the  mercy  of  the 
solicitor — if  the  bills  delivered  be  not  sufficiently  explana- 
tory— if  the  client,  though  having  time  to  examine  the 
bills,  has  not  been  able  to  obtain,  or  has  not  been  allowed 
to  employ  the  most  effective  means  of  examination, — if  it 
appears  that  the  solicitor  in  whose  power  the  client  is  is 
driving  a  bargain  with  him  on  unequal  terms,  and  that  the 
relation  of  solicitor  and  client,  and  the  power  of  the  solicitor 
continues,  the  Court  may  order  taxation,  notwithstanding 
the  client  has  had  an  opportunity  of  examining  the  bill 
before  paying  it  (yoJiCd  v.  Warton,  5  Beav.  448). 

Where  an  arrangement  had  been  made  for  a  transfer  of 
a  mortgage,  in  respect  of  which  the  mortgagee  had  insti- 
tuted a  foreclosure  suit,  and  the  bill  of  costs  was  not 
delivered  until  the  day  of  completion,  but  was  not  paid  for 
fourteen  days  after  delivery,  the  Master  of  the  Rolls,  in  the 
absence  of  any  evidence  of  overcharge  refused  to  order 
taxation  (Re  Toivic,  30  Beav.  170).  In  this  case  it  was 
stated  that  the  proper  course  for  the  mortgagor  to  have 
adopted  was  to  have  obtained  the  usual  order  to  tax  the 
bill,  and  an  order  to  stop  the  suit  on  payment  of  what  was 
due  on  the  mortgage  and  on  deposit  of  what  was  claimed 
Over-  to  be  due  for  the  costs.  Indeed,  it  would  seem  that  in  all 
musf  be  cascs  where  taxation  is  asked  for,  on  the  ground  of  pres- 
shown,  sure,  some  items  of  overcharge  must  be  chosen  (Re 
pressure.  Huhbavd,  15  Beav.  251  ;  Re  Abbott,  18  Beav.  393), 
although  not  necessarily  overcharges  so  great  as  to  be 
evidence  of  fraud  {Re  Wells,  8  Beav.  416).  In  a  case 
before  the  Lords  Justices  {Re  Finch,  ex  imrte  Barton,  4 
De  G.  M.  &  G.  108)  a  mortgagor,  Avithout  giving  six  months' 
notice,  requested  his  mortgagee  to  accept  jDayment  and 
transfer  the  mortgage,  and  the  transfer  being  executed,  the 
mortgagor's  solicitor  paid  the  bill  of  costs  of  the  mort- 
gagee's solicitor  in  full — though  he  objected  to  certain 


TAXATION    ON    SPECIAL    APPLICATIONS.  453 

items,  amounting  to  £9  in  all — in  order  to  obtain  the 
deeds,  which  the  mortgagee's  solicitor  refused  to  deliver  up 
without  such'  payment.  It  was  held  that  no  case  of  pres- 
sure entitling  the  mortgagor  to  taxation  had  been  made 
out.  In  a  recent  case  the  defendant  in  an  action  agreed 
to  pay  the  plaintiff's  solicitor  a  fixed  sum  for  his  costs,  and 
for  his  trouble  in  promoting  a  composition  between  the 
defendant  and  his  creditors.  Within  twelve  months  after 
payment  of  the  amount,  the  defendant  took  out  a  summons 
for  delivery  of  a  bill  of  costs.  The  Queen's  Bench  Division 
held,  affirming  an  order  of  Field,  J.,  at  chambers,  that  no 
fraud  or  pressure  having  been  established,  there  were  no 
"special  circumstances"  within  the  meaning  of  the  Act  to 
warrant  the  application  {Re  Heritage,  ex  farte  Docl-er,  3 
Q.  B.  D.  726  ;  47  L.  J.  Q.  B.  509  ;  26  W.  R.  633  ;  38  L.  T. 
509).  Where  a  suit  was  compromised,  one  of  the  terms 
being  that  the  plaintiffs  should  pay  the  defendant's 
attorney  a  fixed  sum  for  his  agreed  costs,  which  was  done, 
it  was  held  that  the  Court  could  not  afterwards  order  his 
bill  to  be  taxed  on  the  application  of  the  client  (Holditch 
V.  Carter,  L.  R  3  P.  &  D.  115  ;  42  L.  J.  P.  &  M.  78  ;  29 
L.  T.  249). 

A  solicitor  delivered  his  bill  of  co-sts  to  his  client,  made 
out  in  double  columns,  one  being  the  amount  allowed  on 
taxation,  which  he  refused  to  accept  when  tendered.  The 
client  then  paid  the  larger  sum  to  obtain  his  papers ;  it 
Avas  held,  notwithstanding  the  payment,  that  he  was 
entitled  to  an  order  to  tax  the  bill,  as  he  had  been  con- 
strained to  pay  the  larger  sum  by  the  refusal  of  the  solici- 
tor to  accept  what  he  himself  had  stated  that  he  was  legally 
entitled  to  {Re  Lett,  31  Beav.  488  ;  32  L.  J.  Ch.  100  ;  8 
Jur.  N.  S.  1119 ;  11  W.  R.  15  ;  7  L.  T.  303 ;  1  N.  K  8  ; 
see,  too,  Hughes  v.  Murray,  9  L.  T.  93 ;  ante,  p.  447). 

Where  a  bill  of  costs  was  delivered  on  the  completion 
of  a  purchase,  to  which  the  solicitor  was  a  party,  and  he 
refused  to  complete  the  purchase  without  payment,  it  was 
held  that  the  circumstances  evidenced  pressure,  and  justi- 


451        DELIVERY   AND   TAXATION   OF  BILLS    OF   COSTS. 

fled  taxation  after  payment,  notwithstanding  five  months 
had  elapsed  before  the  presentation  of  the  petition  {Re 
Pugh,  32  Beav.  173  ;  on  appeal,  1  De  G.  J.  c^^  S.  673  ;  11 
W.  E.  702  ;  S  L.  T.  586). 
Payment  'pi^g  fj^^^t  that  payment  is  made  under  protest  does  not 

under  ,  .  .  . 

protest.  of  itself  entitle  the  client  to  taxation  (Ite  Welchman,  11 
Beav.  319;  Re  Harrison,  10  Beav.  57;  Re  Stirke,  11 
Beav.  304 ;  Re  Neate,  10  Beav.  181 ;  Re  Browne,  15 
Beav.  61  ;  and  see  Re  Finch,  exixirte  Barton,  4  De  G.  M.  k, 
G.  108).  Coupled  with  other  circumstances,  however,  it 
may  become  material  (Re  AlcocJc,  ex  imrte  Wilkinson,  2 
Cc^ .1  (^%  Coll.  92;  and  comp.  Re  Foster,  ex  parte  Walker,  2.  De 
G.  F.  &  J.  105;  Re  Dearden,  9  Exch.  210).  Where  a 
bill  is  paid  under  protest,  the  particular  items  objected  to 
should,  if  possible,  be  pointed  out  before  payment  (Re 
Davie,  ex  parte  White,  8  W.  R.  15). 

Doctrine  of      «  f\^Q  doctrine  of  pressure  in   cases  of  taxation  after 

pressure 

not  to  be     payment  is  not  to  be  extended  "  (^^er  Sir  John  Romilly,  in 
extended,    j^^  Barrow,  17  Beav.  547  ;  and  see  Re  Huhhard,  15  Beav. 
253 ;    Re  Mash,  15  Beav.  83).     See,  too,  Re  Browne,  1 
De  G.  M.  &  G.  322,  where  it  was  said  that  to  constitute 
a  case  for  taxation  after  payment  on  the  ground  of  pres- 
sure, the  pressure  must  have  been  of  such  a  kind  as  to 
liave  rendered  it  impossible  or  difficult  to  have  had  the 
costs  taxed  before  payment  and  in  the  ordinary  course. 
Comp.,  too.  Re  Boyle,  ex  parte  Turner,  5  De  G.  M.  k>  G. 
540,  where  the  solicitor  pressed  for  jDayment,  but  offered 
to  give  the  client  an  opportunity  of  taxation,  apprising 
him  that  it  would  be  difficult  to  have  the  bill  taxed  after 
payment, 
ii.  Over-         When  there  is  no  pressure,  the  Court  will  only  order 
amomitinc'  taxation  on  proof  of  overcharges  amounting  to  evidence 
to  evidence  of  fraud.     Thus  an  application  to  reopen  a  paid  bill,  in 
which  only  trifling  items  of  overcharge  are  pointed  out, 
will  be  dismissed  with  costs  (Re  Drake,  8  Beav.  123  ;  Re 
Must  be      Tliompson,  8  Beav.  237).     Moreover  the  overcharges  on 
stateV'^  ^'  "\\'hich  it  is  intended  to  rely  should  be  very   specifically 


TAXATION   OX   SPECIAL   APPLICATIONS.  455 

pointed  out  {Re  Broivne,  1  De  G.  M.  &  G.  322,  333  ; 
Bunt  V.  Diint,  re  Culquhoiin,  9  Beav.  14G ;  and  see  Re 
Thompmn ;  Re  Harrison,  10  Beav.  57 ;  Re  Towle,  30 
Beav.  170) ;  though  it  is  not  necessary  to  specify  all  the 
items  objected  to  {Re  Dawson,  28  Beav.  605  ;  comp.  Ej: 
parte  Andrews,  13  L.  J.  Ch.  222) ;  secus  if  the  solicitor 
refuses  to  produce  the  bill  {Re  Loughhorough,  23  Beav. 
439  ;  see  post,  p.  456). 

The  onus  of  showino-  that  the  charges  in  question  are  Onus  lies 
overcharges  amounting   to   fraud   lies  on   the    applicant  tioner. 
{Re  Towle,  30  Beav.  170).     Thus,  if  the  practice  in  the  What  over- 
Taxing     Master's    office    as    to    allowing    the     charges  g^J^fU^J^"' 
impugned  be   in   uncertainty,   the    Court   will    give   the  to  open  a 
solicitor  the  benefit  of  such  uncertainty  {Re    Walsh,  12 
Beav.  490).     Charges  for  attendances  to  the  extent  of  eight 
on  one  day  are  not  necessarily  sufficient  to  open  a  paid  bill 
{Re  Toivle).     Nor  charges  for  240  letters  in  one  year  {Re 
Boyle,  ex  parte  Turner,  5  De  G.  M.  fc  G.  546),  it  being 
"  impossible  without  knowing  the  circumstances  of  each 
case  to  give  an  opinion  of  the  fairness  of  the  charge  "  (ibid.). 
So    again,    where   the   ground   of  over-charge   was   that 
abstracts  charged  for  contained  less  than  ten  folios  in  each 
sheet,  the  strict  rule  being  that  each  sheet  should  contain 
that  number,  the  petition  was  dismissed  with  costs,  there 
being  some  doubt  as  to  the  practice  on  the  subject  in  the 
Taxing  Master's  offices  {Re  Walsh,  12  Beav.  490) ;  and  see 
Re  Harle,  17  W.  R.  21 ;  19  L.  T.  305. 

It   seems  that   an  item   objected  to,  not   because  the  Liability 
business  charged  for  was  not  done,  or  because  the  charge   ^^^ 
was  excessive,  but  because  the  liability  to  pay  it  is  dis- 
puted, is  not   such  an  overcharge  as  to   be  a  sufficient 
ground  for  taxing  a  paid  bill  {Re  Finch,  ex  parte  Barton, 
4  De  G.  M.  &  G.  108,  113). 

But  when   a   considerable    portion    of  the   bill  is    for  What 
business,  which  in  the  exercise  of  a  fair  and  honest  dis-  ^^'  *^^^^** 
cretion  ought  never   to  have  been  done,  the  Court  will 
direct  taxation  under  this  section  (Re  Barrow  17  Beav. 


456        DELIVERY   AXD    TAXATION    OF   BILLS    OF    COSTS. 

547)  ;  and  the  same  course  will  be  adopted  when  the  appli- 
cation is  made  by  a  legatee  for  the  taxation  of  a  bill  paid 
by  the  executors,  and  the  items  objected  to  are  of  a  con- 
siderably greater  amount  than  would  be  allowed  to  the 
executors  in  a  suit  to  administer  the  testator's  estate  (iJe 
Dickson,  8  De  G.  M.  &  G.  655 ;  see,  too,  Horlock  v.  Smith, 
2  My.  &  Cr.  495,  520,  there  cited  ;  and  Waters  v.  Taylor, 
2  M.  &  C.  526).  See,  further,  as  to  taxation  at  the  instance 
of  a  third  party,  2fost,  p.  458. 
Where  bill  Where  the  solicitor,  immediately  after  payment,  took 
IS  retained  ^|jg  |jj}|  gf  costs  awav  with  him  and  refused  to  produce  it 

by  the  ^  .  ^ 

solicitor,      afterwards,   the    Court    ordered    taxation,    although    no 

specific  overcharges  were  pointed  out  (Re  Lour/hborough, 

23  Beav.  439  ;  see,  too,  Be  Steplien,  2  Ph.  562,  576  ;  Re 

Or  there      Wyclie,  11   Beav.  209).      So  where  the  solicitor,  at  the 

is  under-     time  of  payment,  undertook   to   refund   {Re   Fislier,  18 

refund.       Bcav.  183  ;  see,  too,  Re  Foljanihc,  9  Beav.  402).     Where 

Where        there  is  evidence  of  actual  fraud,  the  Court  will  always 

fraud.        reopen  the  bill  (see  observations  in  Re  Harding,  10  Beav. 

252  ;  Kokcs  v.  Warton,  5  Beav.  448  ;  Re  Boyle,  ex  'parte 

Turner,  5  Dc  G.  M.  &  G.  545). 

Where  Where,  on  a  petition  being  presented  for  taxation  of  a 

solicitor      p^^jd  \^\\\^  ^lic  Solicitor  offered  to  pay  some  of  the  items  ob- 

otfers  to        .  .    .  Ill  1  1  • 

i)a.v  items   jcctcd  to,  and  the  petitioner  nevcrtlicless  brought  on  his 
objected  to.  petition  for  hearing,  the  Court  ordered  taxation,  treating 

those  items  as  omitted  (Re  Call  in,  23  Beav.  412  ;  but  see 

Ex  parte  Hemming,  28  L.  T.  O.  S.  144). 
How  For   the    purpose    of    calculating   the   twelve    months 

months       "^vithin  which  the  petition  must  be  presented,  it  was  con- 
calculated,  sidered  as  presented  on  the  day  of  answering  it  (Bayer  v. 

Wagstajf',  5   Beav.  415\     But  see  now  1st  rule  of  Gen. 

Order  of  April  17th,  1867. 

AVhere    a   petition   was    presented   within    the    twelve 

months,  but   no  order  was  made,  the    Court  refused  to 

allow   it   to    stand    over  for   amendment,  twelve  months 

having  in  the  meantime  expired  (Barwell  v.  Brooks  ;  Re 

Cattlin,  7  Beav.  345  ;  8  Beav.  121). 


TAXATION    ON    SPECIAL   APPLICATIONS.  457 

After  the  twelve  months  liave  elapsed,  a  paid  bill  can-  Twelve 
not  be  reopened  under  the  Act    {Re  Harper,   10  Beav.  Xolute 
284 ;    Re   Downes,   5    Beav.  425  ;    ex  parte  Pemherton,  ^''^^  *? 
2    De    G.  M.  &;   G.   960) ;  unless,   perhaps,   actual   fraud  under  Act, 
be  shown  (per  Lord  Cranworth  in  Ex  parte  Pemherton). 
And  the  rule  is  the  same  in  the  case  of  an  application  by 
a  third  party  (see  jjosf,  p.  458,  Re  Massey,  8  Beav.  458)  ; 
even  though  the  j)ayment  may  have  taken  place  behind 
his  back  {Re  Rees,  12  Beav.  256).     In  Re  Woodard,  17 
W.  R.  1006,  Malins,  V.  C,  said  that  where  it  was  desired 
to  tax  a  bill  paid  several  years  previously,  the  proceeding 
must  be  by  petition,  and  not  by  summons. 

But  the  Court  may  order  delivery  of  the  bill,  though  ^^^  °°*  *° 

1  1  11  11^  •  delivery. 

more  than  twelve  months  have  elapsed  from  its  payment, 
the  solicitor  having,  on  payment,  undertaken  to  deliver  the 
bills,  but  neglected  to  do  so  {Re  Foljamhe,  9  Beav.  402  ; 
Re  Bailey,  34  Beav.  392). 

A  paid  bill  may  of  course  be  reopened  after  the  twelve  Opening  a 
months  by  suit;  though  the  Courtis  very  reluctant  to  adopt  by'suit. 
such  a  course  :  see  Turner  v.  Hand,  27  Beav. 561;  Blagrave  -ii^^.  i!.  ■stc^o 
V.  Routh,  2  K.  &  J.  509  ;  on  appeal  8  De  G.  M.  &  G.  620  ; 
Todd  V.  Wlhon,  15  L.  J.  Ch.  450;  Stanes  v.  Parker,  10 
Jur.  603;  Foley  v.  Siulth,  12  Beav.  154.     And  the  right 
of  the  client  to  sue  for  an  account  is  in  no  way  interfered 
with  by  the  Statute  {O'Brien  v.  Lewis,  9  Jur.  N.  S.  321 ; 
Pii  re  Spencer,  Spencer  v.  Hart,  W.  N.  (1881)  170). 

In  Watson  v.  Rodwell,  7  Ch.  D.  625  ;  47  L.  J.  Ch.  418  ; 
26  W.  R.  524,  an  account  settled  between  a  client — a 
widow  lady  aged  seventy-seven — and  her  solicitor,  includ- 
ing arranged  bills  of  costs,  was  opened  and  the  bills 
referred  to  taxation  in  an  action  instituted  nearly  two 
years  after  such  settlement,  on  the  ground,  (1)  of  undue 
influence,  (2)  that  the  charges  were  improper  and  excessive, 
and  that  much  of  the  business  charged  for  was  unnecessary 
and  ought  never  to  have  been  done.  On  appeal  the 
decree  was  affirmed,  the  Court  of  Appeal  holding  that  in 
such  a  case  no  proof  of  error  or  overcharge  was  necessary 


458        DELIVERY  AND   TAXATION   OF   BILLS   OF   COSTS. 

(S.  C.  11  Ch.  D.  150 ;  48  L.  J.  Ch.  209  ;  27  W.  R.  265  ;  39 
L.  T.  614). 

An  application  under  the  Attornies  &  Solicitors  Act 
which,  though  in  form  an  application  to  tax  a  bill  of  costs, 
is  in  substance  an  application  to  reform  a  mortgage,  cannot 
be  entertained.  For  this  purpose  the  remedy,  if  any,  is  by 
suit  {Re  Forsyth,  13  W.  R.  307,  932  ;  2  De  G.  J.  &  S.  509  ; 
12  L.  T.  687). 

The  following  form  of  a  special  order  for  taxation  after 
payment  is  given  in  Seton,  4th  ed.,  p.  618  : — 

"  Refer,  &c.,  to  tax  and  settle  the  bill  of  fees,  charges,  and 

disbursements  amounting  to  the  sum  of  £ ,  delivered 

by  the  said  solicitors  to  the  applicant,  and  paid  by  the 
applicant  to  the  said  solicitors;  And  let  the  applicant 
and  the  solicitor  produce,  kc. ;  And  let  the  said  soli- 
citors give  credit,  &c.  ;  and  in  case  it  shall  appear  that 
the  said  bill  is  overpaid  Let  the  said  master  certify  the 
amount  overpaid  ;  and  Let  the  said  solicitors  (names), 
within,  kc,  repay  to  A.  what  shall  be  certified  to  be  the 
amount  so  overpaid  by  him;  And  the  said  master  is  to  be 
at  liberty  to  state  any  circumstance  specially  at  the  request 
of  either  party,  as  he  shall  think  fit.  Reserve  the  conside- 
ration of  costs  of  taxation  and  of  application  until  after 
certificate.  Be  White rhottom,  \.  C.  M.  at  Chambers,  11 
Nov,  1872,  B.  2871." 


Sect.  X.—  'fa.rotion  J>ij  Third  Part 'j. 

(Ski  Vict.  It  frequently  happens  that  the  person  liable  to  pay  the 
c-  /  ,  s.  8.  gQ^icitor's  bill  is  not  the  "  party  chargeable  "  within  the 
87th  section  (see  ante,  p.  435).  Thus,  where  a  solicitor 
is  employed  and  paid  by  a  mortgagee,  the  mortgagor, 
although  ultimately  liable  to  pay  the  bill,  would  not  be 
entitled  to  tax  it  as  a  "party  chargeable  "  under  the  above 
section.  This  right,  however,  is  given  to  him  by  the  38th 
section  of  the  Act,  which  provides  "  that  where  any  person. 


TAXATION   BY   THIRD    PARTY.  459 

not  the  party  chargeable  with  any  such  bill  within  the 
meaning  of  the  provisions  herein-before  contained,  shall 
be  liable  to  pay  or  shall  have  paid  such  bill  either  to  the 
attorney  or  solicitor,  his  executor,  administrator,  or  as- 
signee, or  to  the  party  chargeable  Avith  such  bill  as 
aforesaid,  it  shall  be  lawful  for  such  person,  his  executor, 
administrator,  or  assignee,  to  make  such  application  for  a 
reference  for  the  taxation  and  settlement  of  such  bill  as 
the  party  chargeable  therewith  might  himself  make,  and 
the  same  reference  and  order  shall  be  made  thereuj^on, 
and  the  same  course  pursued  in  all  respects,  as  if  such 
application  was  made  by  the  party  so  chargeable  with 
such  bill  as  aforesaid."  Under  this  section  a  mortgagor  who  is 
{Re  Wells,  8  Beav.  416  ;  Re  Lees,  5  Beav.  410),  or  a  '^Jj^:! 
second  incumbrancer  {Re  Taylor,  18  Beav.  IGo  ;  2  W.  E,.  within 
249 ;  Re  Jessop,  32  Beav.  406),  may  obtain  taxation  of  a  ''''*'°''' 
bill  paid  by  a  mortgagee.  Where,  on  the  transfer  of  a  \ 
mortgage  the  amount  of  the  costs  is  added  to  the  mort- 
gage debt  and  charged  on  the  property,  there  can  be  no 
taxation  under  the  Act  ;  but  where  the  bill  is  paid  but 
the  amount  is  not  inserted  in  the  transfer  and  charged  on 
the  property,  there  all  the  ordinary  rules  with  respect  to 
the  payment  of  a  bill  of  costs  apply  {Re  Gold,  19  W.  R. 
343 ;  24  L.  T.  9  ;  Re  Forsyth,  2  De  G.  J.  &  S.  509  ; 
34  Beav.  140;  13  W.  K  307,  932;  11  Jur.  N.  S.  213; 
11  L.  T.  616,  687).  A  mere  volunteer  under  no  previous 
liability  does  not  acquire  a  right  to  tax  a  solicitor's  bill 
by  paying  it  {Re  Becke,  5  Beav.  406  ;  and  see  Re  Barber, 
14  M.  &  W.  720). 

Where  a  plaintiff  and  defendant  compromised  a  suit, 
the  former  agreeing  to  pay  the  latter's  costs,  it  was  held 
that  the  plaintiff  was  entitled  to  an  order  of  course  to  tax 
the  bill  of  costs  delivered  to  him  by  the  defendant's 
solicitor  {Re  Hartley,  30  Beav.  620  ;  following  Vincent  v. 
Vernier,  1  M.  &  K.  212  ;  and  Bahne  v.  Paver,  Jac.  305) ; 
and  under  the  particular  circumstances  of  the  case  no 
doubt  this  decision  was  correct.     The  report,  however,  is 


460        DELIVERY   AND    TAXATION    OF   BILLS    OF   COSTS. 

imperfect,  and  if  not  very  carefully  examined,  suuiewliat 
misleading.  See  In  re  Grundy,  Kershmu  &  Co.,  17  Cli. 
D.  108  ;  29  AV.  R  581 ;  44  L.  T.  541,  where  the  case  is 
explained  and  commented  on  by  Sir  G.  Jessel,  M.  R. 
In  the  latter  case,  Re  Grundy,  the  circumstances  were  as 
follows  : — a  winding-up  petition  was  Avithdrawn,  and  the 
solicitors  of  the  company  gave  a  personal  undertaking  to 
the  solicitors  of  the  petitioning  creditor  to  pay  the  costs  of 
the  petition,  sucli  costs  to  be  taxed  in  case  of  difference. 
The  amount  of  the  costs  not  being  agreed  upon,  the  com- 
pany obtained  an  order  of  course  for  taxation  under 
section  .38.  The  M.  R.  held  tliat  the  undertaking  was  to 
pay  party  and  party  costs,  whereas  section  38  only  applies 
to  solicitor  and  client  taxation  ;  and  further  that  the  order 
was  wrong  because  it  had  been  obtained  by  the  company, 
instead  of  by  the  solicitors  who  had  given  the  undertaking, 
and  discharged  the  order  with  costs.  Where  the  de- 
fendant agreed  to  pay  the  plaintiff's  solicitor  a  fixed  sum 
for  his  costs  and  other  paj'raents,  it  was  held  that  the  case 
was  not  within  the  Act  {Re  Heritage,  Ex  imrte  Docker, 
3  Q.  B.  D.  72G;  47  L.  J.  Q.  B.  509;  26  W.  R  633; 
38  L.  T.  509  ;  and  .see  Re  Morris,  27  L.  T.  554). 
Taxation  The  procccdiugs  under  this  section  may  be  by  order  of 
course  in  cases  where  a  similar  proceeding  might  have 
been  had  under  the  37th  section  (see  ante,  p.  438 ;  Re 
Bignold,  9  Beav.  269;  Re  Bracey,  8  Beav.  338;  Re 
Straford,  16  Beav.  27;  Re  Hartley,  30  Beav.  620). 
Where  the  bill  has  been  paid,  or  Avhere  more  than  twelve 
months  have  elapsed  from  delivery,  the  taxation  can  only 
be  obtained  on  a  special  application,  i.e.,  on  summons  in 
Chambers  (Gen.  Ord.  April  17th,  1867,  r.  1),  and  on  show- 
ing "special  circumstances"  (Re  Wells,  8  Beav.  416  ;  Re 
Carew,  8  Beav.  150  ;  Re  Becl-e,  5  Beav.  406  ;  Re  Bignold, 
9  Beav.  269).  See,  however,  Re  Drale,  22  Beav.  438 ; 
and  cases  cited,  2^ost,  p.  463. 
On  what  The  taxation  at  the  instance  of  a  third  party  must  be 

i.nncipic     ^g  between  the  solicitor  and  his  client,  not  as  between  the 

ordered. 


liow  ob- 
tained 


TAXATION    BY    THIRD    PARTY.  461 

solicitor  and  the  third  party  {Re  Wells,  8  Beav.  41G  ;  Be 
Jones,  8  Beav.  479  ;  Re  Taylor,  18  Beav.  165  ;  Re  Fyson, 
9  Beav.  117;  Re  Barrow,  17  Beav.  547;  see,  too,  Re 
Baker,  32  Beav.  52G  ;  11  W.  R.  792).  And  an  agreement 
between  the  immediate  client  and  the  third  party  paying 
does  not  affect  the  mode  of  taxation  {Re  Neiuman,  2  Ch. 
707).  Where  a  client  has  paid  a  bill  and  is  not  in  a 
position  to  tax  it,  a  third  party  liable  cannot  tax  it,  either 
against  the  solicitor  or  the  client ;  his  only  remedy,  if  any, 
in  such  a  case  is  by  suit  {Re  Massey,  34  Beav.  463  ; 
11  Jur.  N.  S.  594 ;  13  W.  R.  797  ;  12  L.  T.  519  ;  and  see 
Re  Press  d-  Inskip,  35  Beav.  34  :  Re  Forsyth,  2  De  G.  J. 
&  S.  509  ;  34  Beav.  140  ;  13  W.  R.  307,  932;  11  Jur. 
N.  S.  213  ;  11  L.  T.  616,  687  ;  Re  Gold,  19  W.  R.  343 ; 
24  L.  T.  9  ;  Re  Knockers,  18  S.  J.  344). 

In  Re  Ahhoff,  4  L.  T.  576,  it  was  said  by  the  Master  of 
the  Rolls  that,  although  after  a  mortgagor  had  paid  a  bill 
of  costs, he  could  not,  as  hetiueen  himself  and  tlie  solicitor 
have  it  taxed  except  under  special  circumstances,  yet,  as 
hetiveen  Jtimself  and  the  mortgagee,  he  might  have  it 
taxed  under  the  38th  section  of  the  Act.  See,  too,' Re 
Baker,  32  Beav.  526 ;  11  W.  R.  792,  and  Re  Jessop, 
32  Beav.  406,  where  the  bdl  having  been  paid,  the  Master 
of  the  Rolls  directed  the  mortgagees  to  be  served  with  a 
petition  to  tax.  But  the  Act  itself  gives  the  mortgagor  no 
right  whatever  against  any  person  other  than  the  solicitor, 
and  in  Re  Massey,  34  Beav.  463 ;  1 1  Jur.  N.  S.  594  ; 
13  W.  R.  797  ;  12  L.  T.  519,  the  Master  of  the  Rolls 
himself  said  that  these  cases  went  too  far.  The  liability 
of  the  mortgagee,  it  is  submitted,  is  one  which  can  only 
be  enforced  by  action. 

Where  the  parties  to  an  arbitration  under  the  Lands 
Clauses  Consolidation  Act,  1869,  had  contracted  them- 
selves out  of  the  application  of  that  Act,  the  costs  of  and 
incident  to  the  taking  of  the  lands  were  held  to  be  taxable 
in  Chancery  under  this  section  {Womhtuell  v.  Corporation 
ofBctrnsley,  36  L.  T.  708). 


462        DETJVF.RY   AND    TAXATION    OF   BILLS    OF   COSTS. 

Adiiitional       The  SStli  section  further  provides  "that  in  case  such 
cumstances  application  is  made  when,  under  the  provisions  herein  con- 
may  be       tained,  a  reference  is  not  authorised  to  be  made  except 
account!  '^  nnder  special  circumstances,  it  shall  be  lawful  for  the  Court 
or  Judge  to  whom  such-  application  shall  be  made  to  take 
into   consideration  any  additional   special   circumstances 
applicable  to  the  person  making  such  application,  although 
such  circumstances  might  not  be  applicable  to  the  party 
so  charofeable  with  the  said  bill  as  aforesaid  if  he  was  the 
party  making  the  application."     As  to  the  force  of  these 
words,  see  Re  Vardy,  20  L.  J.  Ch.  32."). 
Wliere  The  case  of  a  bill  with  which  a  trustee,   executor,  or 

isdiarge-    administrator  has  become  chargeable,  is  provided  for  by 
^^'^-  the  39th  section  of  the  Act,  which  enacts  "  that  it  shall  be 

lawful,  in  any  case  in  which  a  trustee,  executor,  or  admi- 
nistrator has  become  chargeable  with  any  such  bill  as 
aforesaid,  for  the  Lord  High  Chancellor  or  the  Master  of 
the  Rolls,  if  in  his  discretion  he  shall  think  fit,  upon  the 
application  of  a  party  interested  in  the  property  out  of 
which  such  trustee,  executor,  or  administrator  may  have 
paid  or  be  entitled  to  pay  such  bill,  to  refer  the  same,  and 
such  attorney's  or  solicitor's,  or  executor's,  administrator's, 
or  assignee's  demand  thereupon,  to  be  taxed  and  settled 
by  the  proper  officer  of  the  High  Court  of  Chancery,  with 
such  directions  and  subject  to  such  conditions  as  such 
Judge  shall  think  fit,  and  to  make  such  order  as  such  Judge 
shall  think  fit  for  the  payment  of  what  may  be  found  due, 
and  of  the  costs  of  such  reference,  to  or  by  such  attorney 
or  solicitor,  or  the  executor,  administrator,  or  assignee  of 
such  attorney  or  solicitor,  by  or  to  the  party  making  such 
application,  having  regard  to  the  provisions  herein  con- 
tained relative  to  applications  for  the  like  purpose  by  the 
party  chargeable  with  such  bill,  so  far  as  the  same  shall 
be  applicable  to  such  cases,  and  in  exercising  such  discre- 
tion as  aforesaid,  the  said  judge  may  take  into  considera- 
tion the  extent  and  nature  of  the  interest  of  the  party 
making  the  application  :  provided  always,  that  where  any 


TAXATION  BY  THIRD  PARTY.  463 

money  sliall  be  so  directed  to  be  paid  by  such  attorney  or 
solicitor,  or  the  executor,  administrator,  or  assignee  of  such 
attorney  or  solicitor,  it  shall  be  lawful  for  such  judge,  if  he 
shall  think  fit,  to  order  the  same,  or  any  part  thereof,  to  be 
paid  to  such  trustee,  executor,  or  administrator  so  charge- 
able with  such  bill  instead  of  being  paid  to  the  party 
making  such  application ;  and  when  the  party  making- 
such  application  shall  pay  any  money  to  such  attorne}''  or 
solicitor,  or  executor,  administrator,  or  assignee  of  such 
attorney  or  solicitor,  in  respect  of  such  bill,  he  shall  have 
the  same  right  to  be  paid  by  such  trustee,  executor,  or 
ailministrator  so  chargeable  with  such  bill  as  such  attorney 
or  solicitor,  or  executor,  or  administrator,  or  assignee  of 
such  attorney  or  solicitor  had." 

It  would  seem  that  the  proceedings  under  this  section 
must  always  be  by  special  application  (Re  Sfraford,  IG 
Beav.  27),  i.e.,  by  summons  in  chambers  (Gen.  Ord., 
17th  April,  1867,  r.  1). 

A  bankrupt  wlio  has  obtained  his  discharge  and  be- 
come entitled  to  the  surplus  of  his  estate  cannot  obtain 
taxation  of  a  bill  of  costs  paid  by  the  trustee  in  bank- 
ruptcy (Be  Lpadhitter  (C.  A.),  10  Ch.  D.  388  ;  26  W.  K 
853;  39  L.  T.  12);  he  is  not  "a  party  interested,"  and  the 
trustee  in  bankruptcy  is  not  a  "  trustee  "  within  the  mean- 
ing of  the  Act  (ibid.). 

It  was  said  by  the  Master  of  the  Rolls  in  Re  Bral-e,  22  Whether 
Beav.  438,  443,  that  the  rule  which  required  a  party  seek-  charges 
ing  to  open  a  paid  bill  to  show'overcharg'es  amountinsf  to  amoimtint 

r        J  /  /         <4n  X   J-  1         .  1    1  ,•        •        to  fraud 

Iraud  (see  ante,  p.  449,  seq.)  did  not  apply  to  an  application  must  i.e 
under  this  section,  ,  See,  too.  Re  Blachnore,  13  Beav,  154 ;  •-h°'*"'"- 
Re  Dan-son,  28  Beav,  605  ;  8  W.  R.  554.     But  a  contrary 
doctrine  was  laid  down  by  L.  J.  Turner  in   Re  Dickson, 
8  De  G.  M.  &  G.  660,  661. 

In  Re  HaUeff,  21  Beav.  250,  taxation  was  ordered  under 
this  section  of  a  bill  incurred  in  respect  of  a  trust  estate 
by  deceased  trustees,  but  the  balance  due  from  the  solicitor 
was  ordered  to  be  paid  to  a  separate  account,  so  as  to  form 


464        DELIVERY   AND    TAXATION    OF   BILLS    OF   COSTS. 

an  indemnity  to  the  solicitor  against  a  possible  breach  of 

trust ;  and  see  Allen  v.  Jarvis,  4  Ch.  616,  where  the 

trustee  was  also  solicitor,  and  had  retained  the  amount  of 

his  bill. 

"Wliere  Taxation  of  a  bill  of  costs  due  from  executors  for  the 

havrciven  ^™o^^iit  of  which   they  had  given  a  mortgage,  may  be 

mortgage,    ordered  at  the  instance  of  a  legatee  (Re  Drake,  22  Beav. 

438). 
Whether         It  was  Said  by  the  Master  of  the  Rolls  in  Re  Story,  ex 
lietween'^^  _2'«rfe  Mavwicl-,  8  W.  R  15,  that  the  taxation  under  this 
trustee  and  section  was  as  between  the  trustee  diX\di\\iQ  cestiii-qiie-trust 
7rust.  (•'^ec,  too,  observations  in  Re  Drale,  22  Beav.  44.3),  and 

that  consequently  the  latter  had  no  right  to  question  the 
trustees'  retainer  of  a  solicitor  as  between  himself  and  the 
solicitor,  or  to  obtain  an  order  for  a  separate  taxation  of 
the  solicitor's  bill,  but  only  a  right  to  attend  the  taxation 
of  the  trustees,  and  to  raise  the  question  of  retainer  as 
between  himself  and  the  trustees.  The  rule,  however,  is 
that  the  taxation  must  be  as  between  the  solicitor  and  the 
immediate  client ;  but  it  is  subject  to  this  qualification, 
that  a  solicitor  cannot  charge  against  a  trust  estate  an}'- 
thing  not  necessary  for  the  administration  thereof,  although 
expressly  directed  by  the  trustee  ;  for  payment  of  such 
charges  he  must  look  to  the  trustee  personally  (Re  Brouni, 
4  Eq.  464 ;  1.5  W.  R  1030  ;  16  L.  T.  729) ;  and  see  In  re 
D((  virion  <i'  Torrens,  17  Ir.  Ch.  R.  7.  In  most  of  the  cases 
reported,  taxation  was  ordered  as  between  the  cestui-que- 
tmst  and  the  solicitor,  the  trustee  or  executor  never  having 
been  served  or  appearing  (see,  however,  Re  Doicnes,  5 
Beav.  425). 

The  40th  section  of  the  Act  provides  "that  for  the  pur- 
pose of  any  such  reference  upon  the  application  of  the 
person  not  being  the  party  chargeable  within  the  meaning 
of  the  provisions  of  this  Act  as  aforesaid,  or  of  a  party 
interested  as  aforesaid,  it  shall  be  lawful  for  such  Court 
or  Judge  to  order  any  such  attorney  or  solicitor,  or  the 
executor,  administrator,  or  assignee  of  anj  such  attorney 


TAXATION  BY  THIRD  PARTY.  465 

or  solicitor,  to  deliver  to  the  party  making  such  applica- 
tion a  coj)y  of  such  bill,  uf)on  payment  of  the  costs  of  such 
copy :  Provided  always  that  no  bill  which  shall  have  been 
previously  taxed  and  settled  shall  be  again  referred  unless, 
under  special  circumstances,  the  Court  or  Judge  to  whom 
such  application  is  made  shall  think  fit  to  direct  a  re-taxa- 
tion thereof."  See  as  to  proceedings  under  this  section 
Re  Blackmore,  13  Beav.  154. 

The  following  is  the  form  of  an  order  of  course  to  tax  OrJer  of 
a  bill  on  the  application  of  a  third  party  given  in  Seton,  course  to 
4th  ed.  p.  G21  :—  appiica- 

"  Upon  the  petitiou  of  B.  of  &c.  {_state  the  circumstances,  ^^^^^^ 
as,  that  the  petitioner  some  time  since  agreed  to  take  a  party, 
lease  of  certain   premises  of  one  C,  who  employed  the 
above-named  A.  as  his  solicitor,  to  prepare  such  lease,  and 
the  petitioner  is  liable  to  pay  the  said  A.'s  bill  for  prepar- 
ing the  same] ;  that  the  said  solicitor  on  or  about  the 

day  of delivered  unto  the  petitioner  his  bill  of  fees 

and  disbursements,  which  as  the  petitioner  is  advised, 
contains  many  improper  charges,  [if  so,  and  charges  for 
work  not  done  on  his  retainer,  and  which  the  petitioner  is 
not  liable  to  pay,  and  the  same  does  not  contain  any  item 
for  business  done  in  any  court],  that  the  petitioner  sub- 
mits to  pay  what  shall  appear  to  be  due  to  the  said  soli- 
citor on  the  taxation  of  his  bill ;  It  was,  therefore,  prayed, 
and  it  is  accordingly  ordered  that  it  is  referred,  &c.,  to 
tax  and  settle  the  said  bill ;  And  that  the  petitioner,  and 
also  the  said  solicitor  do  produce,  &c. ;  And  that  they 
be  examined,  &c. ;  And  it  is  ordered  that  if  such  bill,  Avhen 
taxed,  be  less  by  a  sixth  part,  &c. ;  And  it  is  ordered  that 
the  amount  so  to  be  certified  be  paid  by  the  party  from 
whom  to  the  party  to  whom  the  same  shall  be  certified  to 
be  due  within,  &c.,  unless  the  Court  shall,  upon  special 
circumstances  to  be  certified  by  the  said  Master,  otherwise 
order,  upon  application  to  be  made  within  one  week  after 
the  date  of  the  said  Master's  certificate  by  the  party  liable 
to  pay  such  amount ;  And  it  is  ordered,  that  no  proceedings 


4G0        DELIVERY   AND   TAXATION   OF   BILLS   OF   COSTS. 

be  commenced  against  the  petitioner  in  respect  of  the  said 
bill  pending  such  reference,  but  the  said  Master  is  to  make 
his  certificate  in  a  month,  unless  the  said  Master  shall 
certify  that  further  time  is  necessary  to  enable  him  to 
make  his  certificate  ;  or  this  order  is  to  be  of  no  effect." 
Order  on         ^\iq  form  of  an  order  made  on  a  special  application  by  a 

special  ap-  it^^i  •  ciA-i-n 

plication     legatee  under  the  39th  section  oi  the  Act  is  as  loJlows  : — 
by  party  "  The  applicant  B.  (Zer/a/cp),  by  his  solicitor  submitting 

to  pay  what,  if  anything,  shall  appear  to  be  due  to  A. 
(solicitor),  upon  the  taxation  of  his  bill  of  fees  and  dis- 
bursements, and  for  business  done,  as  hereinafter  men- 
tioned, Let  the  said  A.  deliver  to  the  applicant  a  bill  of 
all  such  fees,  charges,  and  disbursements  over  and  above 
those  included  in  the  bills  hereinafter  mentioned,  which 
aie  now  claimed  by  the  said  A.  against  C.  and  D.,  as  exe- 
cutors of  the  will  of  E.  deceased,  the  testator  in  the  petition 
named,  and  payable  out  of  the  residuary  or  general  estate 
of  the  testator  ;  And  refer,  k:c.,  to  tax  and  settle  the  bill 

.of  fees  and  disbursements,  amounting  to  the  sum  £ , 

delivered  by  the  said  A.  to  the  said  C.  and  T).  as  such 
executors,  and  also  the  bill  to  be  delivered  to  the  applicant 
as  aforesaid  ;  And  let  the  applicant  B.,  and  the  said  C.  and 
D.,  and  the  said  A.  produce,  &c.,  and  be  examined,  tfcc.  ; 
(And  let  the  said  A.  give  credit  for  all  sums  of  money  by 
him  received  of  or  on  account  of  the  said  executors  in 
respect  of  the  said  bills  of  costs,  or  either  of  them) ;  And 
if  the  amount  of  the  said  bills  so  taxed  shall  be  less 
by  a  sixth  part,  t^c.  (exclusive  of  the  costs  of  the  appli- 
cation) ;  And  let  the  said  Master  certify  the  amount  due 
from  the  said  executor  and  the  applicant  to  the  said  A.,  or 
from  the  said  A.  to  the  said  executors  and  the  applicant, 
or  either  of  them,  as  the  case  may  be,  having  regard  to  the 
costs  of  such  reference  (exclusive  of  the  costs  of  this  appli- 
cation) ;  And  let  such  amount  be  paid,  Szc,  unless,  kc. 
No  costs  of  this  application  on  either  side.  See  Re 
Boivnes,  M.  R.,  19  Feb.  1844,  581,  S.  C.  5  Beav.  425."— 
Seton,  4th  ed.  pp.  621,  622. 


PROCEEDINGS  ON  TAXATION  GENERALLY.      467 


Sect.  VI. — Proceedings  on  Taxation  generally. 

Costs  in  the  Chancery  Division  are  taxed   by  Taxing  Taxation  of 
Masters,  appointed  under  5  &  G  Vict.  c.  103,  s.  4.     The  chancery 
Taxing  Masters  attend  daily  at  their  offices  in  the  Royal  Division. 
Courts ;  except  in  vacation,  when  one  Master  only  attends 
and  taxes  costs  in  urgent  cases. 

R.  S.  C.  (Costs)  Sched.  r.   23  thus  defines  the  powers  Powers  of 
and  duties  of  the  Taxing  Masters  : —  Master 

"  The  taxing  officers  of  the  Supreme  Court,  or  of  any 
division  thereof,  shall,  for  the  purpose  of  any  proceeding 
before  them,  have  power  and  authority  to  administer 
oaths,  and  shall,  in  relation  to  the  taxation  of  costs,  per- 
form all  such  duties  as  have  heretofore  been  performed 
by  any  of  the  masters,  taxing  masters,  registrars,  or 
other  officers  of  any  of  the  courts  whose  jurisdiction  is  by 
the  [Judicature]  Act  transferred  to  the  High  Court  of 
Justice  or  Court  of  Appeal,  and  shall,  in  respect  thereof, 
have  such  powers  and  authorities  as,  previous  to  the  com- 
mencement of  the  Act,  were  vested  in  any  of  such  officers, 
including  examining  witnesses,  directing  production  of 
books,  papers,  and  documents,  making  separate  certifi- 
cates or  allocaturs,  requiring  any  party  to  be  represented 
by  a  separate  solicitor,  and  to  direct  and  adopt  all  such 
other  proceedings  as  could  be  directed  and  adopted  by 
any  such  officer  on  references  for  the  taxation  of  costs,  and 
taking  accounts  of  what  is  due  in  respect  of  such  costs 
and  such  other  accounts  connected  therewith  as  may  be 
directed  by  the  Court  or  a  judge." 

This  rule  is  substantially  identical  with  Cons.  Ord.  XL. 
r.  1. 

By  R.  S,  C.  (Costs)  Sched.  r.   28,  the  rules,  orders,  and  Former 
practice  as  to  costs  existing  before  the  Judicature  Act  are  i";^fV°® 

.      .  °  still  in 

to  remam  in  force,  so  far  as  not  inconsistent  with  the  Act  force  unless 
and  rules.     All  the  old  rules,  therefore,  of  the  Court  of  .XemL^ 

H   H   2 


468       DELIVERY   AND    TAXATION   OF   BILLS    OF   COSTS. 

Chancery,  except  so  far  as  they  are  altered  by  the  new 
rules,  are  still  binding  upon  the  judges  of  the  Chancery 
Division  {Pringle  v.  Gloag,  10  Ch.  D.  676  ;  48  L.  J.  Ch. 
880 ;  27  W.  R  574 ;  40  L.  T.  512),  By  r.  27  as  to  any 
work  and  labour  properly  performed,  and  not  specially 
provided  for,  and  in  respect  of  which  fees  have  heretofore 
been  allowed,  the  same  or  similar  fees  are  to  be  allowed  as 
have  been  allowed  hitherto. 
Discretion-  By  r.  29  all  discretionary  fees  or  allowances  are,  unless 
and  allow  Otherwise  provided,  to  be  allowed  at  the  discretion  of  the 
ances.  taxing  officer,  who  is  to  take  into  consideration  the  other 
fees  and  allowances  to  the  solicitor  and  counsel,  if  any,  in 
respect  of  the  work  to  which  any  such  allowance  applies, 
the  nature  and  importance  of  the  cause  or  matter,  the 
amount  involved,  the  interest  of  the  parties,  the  fund  or 
persons  to  bear  the  costs,  the  general  conduct  and  costs  of 
the  proceedings,  and  all  other  circumstances. 

Matters  unconnected  with  bills  of  costs  cannot  be  re- 
ferred to  the  Taxing  Master  {King  v.  Saver g,  8  De  G.  M. 
&  G.  311,  and  see  ante,  pp.  441,  442).  By  R.  S.  C. 
(Costs)  Sched.  r.  24,  the  taxing  officer  is  authorised  to 
direct  what  parties  are  to  attend  before  him  on  the  taxa- 
tion of  costs  to  be  borne  by  a  fund  or  estate,  and  to  dis- 
allow the  costs  of  any  party  whose  attendance  he  may 
consider  unnecessary  in  consequence  of  the  interest  of 
such  party  in  such  fund  or  estate  being  small  or  remote 
or  sufficiently  protected  by  other  parties  interested. 
Where  the  Taxing  Master  had  excluded  a  party  on  the 
ground  of  want  of  a  separate  interest,  the  Court  would 
not  disturb  the  decision  {StaJdschmidt  v.  Lett,  9  W.  K. 
830). 
Keference  -^.11  references  for  the  taxation  of  costs  are  to  be  made 
to  he  made  iq  ^|^g  Taxing  Master  in  rotation  ;  or  if  there  shall  have 

to  what  ®  .  ,.  -1 

Taxing        been  any  former  taxation  of  costs  in  the  same  cause  or 
Master.       matter,  then  to  the  Taxing  Master   before    whom    such 

former  taxation  shall  have  taken  place  (Cons.  Ord.  XL' 

r.  2  ;  and  see  Cons.  Ord.  XXIII.  r.  1). 


TROCEEDINGS  ON  TAXATION  GENERALLY.      469 

The  Taxing  Masters  are  to  be  respectively  assistant  to  Taxing 
each  other  ;  and  in  the  discharge  of  their  duties,  and  for  j^gg-g^  ^^^^ 
the   better  dispatch  of  the  business  of  their  respective  otter. 
offices,  any  Taxing  Master  may  tax  or .  assist  in  the  taxa- 
tion of  a  bill  of  costs  which  has  been  referred  to  any  other 
Taxing  Master  for  taxation,  and  for  ascertaining  what  is 
due  in  respect  of  such  costs,  and  in  such  case  shall  certify 
accordingly  (Cons.  Ord.  XL.  r.  3). 

Where  a  bill  of  costs  includes  charges  for  business  done  Where 
in  any  other  Court,  the  Taxing  Master  sometimes  sends  eludes' 
the  bill  to  the  proper  officer  of  such  Court,  with  a  request  charges  for 

....  .  £■  1  business 

to  such  officer  to  assist  him  m  the  taxation  thereof;  and  done  in 
on  receiving  back  the  bill,  with  the  opinion  of  the  officer  ^^^^^^^' 
thereon  as   to   how   much  ought  to  be  allowed   or  dis- 
allowed, the  Taxing  Master  makes  his  certificate  of  the 
taxation  or  otherwise  disposes  of  the  proceedings  before 
him  (Dan.  Ch.  Pr.  5th  ed.  p.  11.34). 

Where  a  suit  or  petition  is  dismissed  with  costs,  or  a  <^osts 

7  ,  1  may  be 

motion  IS  refused  with  costs,  or  any  costs   are    by  any  taxed 
general  or  special  order  ordered  or  decreed  to  be  paid,  the  ^^'^t^'o^i*'  ^^ 

o  I  ^  i  order. 

Taxing  Master  in  rotation,  or  if  there  has  been  any  former 
taxation  of  costs  in  the  same  cause  or  matter,  then  the 
Taxing  Master  before  Avhom  such  former  taxation  has 
taken  place,  may  tax  such  costs  without  any  order  re- 
ferring the  same  for  taxation,  unless  the  Court,  upon  the 
application  of  the  party  alleging  himself  to  be  aggrieved, 
prohibits  the  taxation  of  such  costs  (Cons.  Ord.  XL.  r.  38). 
As  this  rule  is  only  permissive,  the  Taxing  Masters  do  not 
generally  act  upon  it,  and  it  is  still  the  practice  to  insert 
the  direction  for  taxation. 

Where  final  judgment  is  entered  in  a  district  registry,  Taxation  in 
costs  are  to  be  taxed  in  such  registry,  unless  the  Court  or  Re'nstiy 
a  judge  shall  otherwise  order  (R.  S.  C.  Ord.  XXXV.  r.  3). 
The  Court  will  not,  however,  except  under  very  special 
circumstances,  direct  costs  to  be  taxed  in  a  district 
registry  {Daij  v.  Whittaker,  6  Ch.  D.  734  ;  46  L.  J.  Ch. 
680 ;  25  W.  R.  767 ;  36  L.  T.  683  ;  Irlam  v.  Mam,  2 


470        DELIVERY  AND   TAXATION   OF   BILLS   OF   COSTS. 


Judge  may 
require  as- 
sistance of 
Taxing 
Master  in 
certain 
cases. 


Bill  of 
costs  to  be 
brought 
into 
Taxing 
Master's 
office,  ami 
notice  to 
be  given 
to  other 
side. 


Ch.  D.  G08 ;  24  W.  R.  949).  The  costs  of  actions  com- 
menced or  proceeding  in  district  registries  are  the  same  as 
in  London  (R.  S.  C.  (Costs)  Sched.  r.  34). 

"  Where  an  account  consists  in  part  of  any  bill  of  costs, 
or  where  the  judge  is  authorised  to  fix  the  amount  of 
costs  under  the  24th  rule  of  40th  Consolidated  Order  (a), 
the  judge  may  direct  the  Taxing  Master  to  assist  him 
in  settling  such  costs,  not  being  the  ordinary  costs  of 
jjassing  the  account  of  a  receiver  ;  and  the  Taxing  Master, 
on  receiving  such  direction,  shall  proceed  to  tax  such  costs 
and  shall  have  the  same  powers,  and  the  same  fees  shall 
be  payable  in  respect  thereof,  as  if  the  same  had  been 
referred  to  the  Taxing  Master  by  an  order,  and  he  shall 
return  the  same,  with  his  opinion  thereon,  to  the  judge 
by  whose  direction  the  same  were  taxed  "  (Cons.  Ord.  XL. 
r.  25). 

"  Where  it  is  directed  that  costs  shall  be  taxed  in  case 
the  parties  differ  about  the  same,  the  party  claiming  the 
costs  shall  brincj  the  bill  of  costs  into  the  Taxino^  Master's 
office,  and  give  notice  of  his  having  so  done  to  the  other 
party ;  and  at  any  time  within  eight  days  after  such 
notice,  such  other  party  shall  have  liberty  to  inspect  the 
same  without  fee,  if  he  thinks  fit.  And  at  or  before  the 
expiration  of  the  eight  days,  or  such  further  time  as  the 
Taxing  Master  shall  in  his  discretion  allow,  such  other 
party  shall  either  agree  to  pay  the  costs  or  signify  his 
dissent  therefrom,  and  shall  thereupon  be  at  liberty  to 
tender  a  sum  of  money  for  the  costs.  But  where  he 
makes  no  such  tender,  or  where  the  party  claiming  the 
costs  refuses  to  accept  the  sum  so  tendered,  tiie  Taxing 
Master  shall  proceed  to  tax  the  costs.  And  where  the 
taxed  costs  shall  not  exceed  the  sum  tendered,  the  costs 
of  the  taxation  shall  be  borne  by  the  party  claiming  the 
costs"  (Cons.  Ord.  XL.  r.  39).     See  before  the  ivde  Aubi'ey 


(a)  Rule  enabling  tlie  judge  to  fix  the  sum  to  be  allowed  to  a  creditor 
establishing  his  debt  in  Judges'  Chambers. 


PROCEEDINGS  ON  TAXATION  GENERALLY.      471 

V.  HopeVy  5  Russ.  1 ;  and  as  to  costs  of  taxation  generally, 
see  post,  Sect.  VIII. 

The  practical  course  of  proceeding  for  the  taxation  of  a  Proceed- 
bill  of  costs  is  as  follows  : — The  bill  is  first  prepared  and  procuring 
copied  bookwise,  on  foolscap  paper,  with  a  clear  margin  on  ^  ^^'^^^  °^, 

costs  XO  D6 

the  left-hand  side,  in  order  that  the  taxed-off  amounts  may  ta.\ed. 

be  there  placed  by  the  Master  in  taxing  the  bill ;  and  is 

then  left,  together  with  a  full  copy  of  the  judgment  or 

order,  at  the  office  of  the  proper  Taxing  Master.     The  copy 

of  the  judgment  or  order  is  also  written  on  foolscap  paper  ; 

and  in  the  mai-gin  should  be  written  a  certificate,  by  the 

solicitor  procuring  the  taxation,  that  it  is  a  true  copy  of 

the  original   as   passed  and  entered,  though  this  is  not 

always  insisted  on.     If  there  has  been  a  previous  taxa-  where 

tion  in  the  action  or  matter,  the   bill  and  the  copy  of  ^^'^^^""^ 

the  judgment  or  order  are  taken  at  once  to  the  office 

of  the   Master  before  whom  the  previous  taxation  took 

place.     If  there  has  been  no  previous  taxation,  the  solicitor  where  no 

must  write  a  certificate  to  that  cftect  in  the  margin  of  the  previous 

1  taxation. 

original  judgment  or  order,  and  of  the  copy  ;  and  must 

take  the  judgment  or  order  to  the  office  of  the  sitting- 
Master,  who  will  insert  the  name  of  the  Master  in  rotation, 
in  a  certificate  prepared  for  him  by  the  solicitor  in  the 
margin  of  the  judgment  or  order,  and  will  sign  such  certifi- 
cate. A  copy  of  this  certificate  must  be  added  to  the  copy 
of  the  judgment  or  order,  Avhich  is  then  left  with  the  clerk 
of  the  Master  in  rotation.  On  leaving  the  bill,  a  warrant, 
which  is  underwritten  to  that  effect,  is  taken  out,  and 
must  be  served  on  the  several  parties  entitled  to  attend  the 
taxation  ;  and  an  appointment  to  proceed  with  the  taxation 
must  also  be  obtained  ;  but  previously  to  doing  so,  the 
several  papers  and  vouchers  in  respect  whereof  charges  are 
contained  in  the  bill  must  be  left  with  the  Master's  clerk. 
A  warrant,  stating  the  time  of  the  appointment,  and 
underwritten  with  the  object  thereof,  must  be  issued  and 
served  on  the  parties  :  see  Dan.  Ch.  Pr.  otli  ed.,  p.  1312. 

The  parties  served  may  obtain  copies  of  the  bill,  which  Copies  of 


472        DELIVERY   AND    TAXATION   OF   BILLS    OE   COSTS. 


how  ob- 
tained. 


Default 
in  bringing 
in  costs  for 
taxation. 


Non-at- 
tendance 
of  either 
party  in 
Master's 
office. 


must  he  furnished  by  the  party  Ly  whom  or  on  whose 
behalf  the  bill   was  prepared.     The  party  requiring  the 
copy  must  make  a  written  application  for  it,  with  an  under- 
taking to  pay  the  proper  charges.     The  copy  must  then  be 
ready  for  delivery  within  twenty-four  hours  or  such  other 
time  as   the  Court  or  judge    may  direct,  and   must   be 
furnished  accordingly  upon  demand  and  payment  of  the 
proper  charges  (R.   S.  C.  (Costs)  Ord.  V.  rr.  8,  9).      Iso 
costs  will  be  allowed  in  respect  of  any  copy  unless  the  same 
shall  appear  to  the  Taxing  Master  to  have  been  requisite,  " 
and  to  have  been  made  with  due  care,  both  as  regards  the 
contents  and  the  writing  thereof  (Cons.  Ord.  XXXVI.  r.  1'3). 
The  name  and  address  of  the  party  or  solicitor  by  whom 
any  copy  is  furnished  must  be  endorsed  thereon  in  the 
same  manner  as  upon  proceedings  in  court,  and  such  party 
or  solicitor  is  answerable  for  the  same  being  a  true  copy  of 
the  original,  of  which  it  purports  to  be  a  copy  (K  S.  C. 
(Costs)  Ord.  Y.  r.  12). 

The  folios  of  all  copies  delivered  or  furnished  to  a  party 
must  be  numbered  consecutively  in  the  margin  thereof, 
and  written  copies  must  be  written  in  a  neat  and  legible 
manner  on  the  same  paper  as  in  the  case  of  printed  copies 
{ib.  r.  13). 

These  last  two  rules  are  taken  from  Cons.  Ord.  XXXVI. 
r.  8. 

If  any  party  entitled  to  costs  refuses  or  neglects  to 
bring  in  his  costs  fcr  taxation,  or  to  procure  the  same  to  be 
taxed,  and  thereby  prejudices  any  other  party,  the  taxing 
officer  may  certify  the  costs  of  the  other  parties,  and  certify 
such  refusal  or  neglect,  or  may  allow  such  party  refusing 
or  necrlcctinof  a  nominal  or  other  sum  for  such  costs,  so  as 
to  prevent  any  other  party  being  prejudiced  by  such  refusal 
or  neglect  (R.  S.  C.  (Costs)  Sched.  r.  25). 

The  6th  &  7th  Yict.  c.  73,  s.  37,  provides  that,  "  upon 
every  reference,  if  either  the  attorney,  or  solicitor,  or 
executor,  administrator,  or  assignee  of  the  attorney  or 
solicitor,  whose  bill  shall   have  been  delivered,  sent,  or 


mOCEEDINGS    ON   TAXATION   GENERALLY.  473 

left,  or  the  party  chargeable  with  such  bill,  having  due 
notice  shall  refuse  or  neglect  to  attend  such  taxation,  the 
officer  to  whom  such  reference  shall  be  made  may  proceed 
to  tax  and  settle  such  bill  and  demand  ex  pcirte."  The 
party  neglecting  to  attend  will  not,  however,  necessarily 
be  liable  to  the  costs  of  the  attendance  {Re  Woollett,  12  M, 
&  W.  506). 

As  to  service  on    solicitors  generally,  see    Cons.    Ord.  Semce  of 
III.  r.    4,   and    Morgan's  Chan.   Acts   and   Ord.  p.    436.  [;\°^'_'''^- 
In    one    case,  the    Court,  under   peculiar   circumstances, 
allowed  service  of  the  Master's  certificate  to  be  effected 
on   the   solicitor   by   placing  it   under   the   door  of    his 
chambers  {Re  Templeman,  20  Beav.  574). 

After  the  bill  has  once  been  referred  for  taxation,  no  No  altera- 
alteration   can   be  made  therein  (see   Davis  v.  Earl  o/**^°"\"H'^ 

•'   permitted 

JJysart,  21  Beav.  124  ;  1  Jur.  N.  S.  1153  ;  on  appeal  8  De  after  refer- 
G.  M.  &  G.  33),  except  on  a  special  application  for  leave  to  ^e'^t'in'^ 
amend  {Re  Andrews,  17  Beav.  510,  514  ;  and  see  ante,  special 
p.  432).    Thus  where  by  mistake  some  items  were  omitted  '^'^^^^' 
from,  and  others  undercharged  and  overcharged  in  a  bill  of 
costs  referred  for  taxation,  liberty  was  given,  on  a  petition 
by  the  executor  of  the  solicitor,  to  insert  the  omitted  items 
and  increase  those  undercharged,  but  he  was  not  allowed 
to  decrease  the  overcharges ;  and  the  costs  of  the  applica- 
tion were  ordered  to  be  paid  by  the  petitioner  {Re  Whallei/, 
20  Beav.  576.     See,  too.  Re    Walters,  9  Beav.  299).     In 
general,  however,  leave  to  withdraw  a  non-taxable  item 
will  not  be  given  {Re  Blahesley,  32  Beav.   379.     See,  too 
Re  Tilleard,  32  Beav.  476  ;  3  De  G.  J.  &  S.  519  ;  32  L.  J. 
Ch.  765  ;  9  Jur.  N.  S.  1217;  11  W.  R.  476).     The  fore- 
going rule  does  not  apply  in  cases  of  taxation  as  between 
party  and  party,  in  which  the  bill  may  be  amended  in  any 
way  and  at  any  time  before  the  taxation  is  concluded 
{Davis  V.  Eai'l  of  Dysart). 

A  solicitor,  who  has  included  in  his  bill  a  lump  or  gross 
sum  may,  on  taxation,  supply  a  detailed  statement  showing 
how  the  sura  is  made  up,  and  the  Master  may  allow  such 


474        DELIVEEY  AND   TAXATION   OF   BILLS   OF  COSTS. 


What  pay- 
ments to 
be  allowed 
as  profes- 
sional dis- 
burse- 
ments. 


Inspection 
of  docu- 
ments for 
purposes  of 
taxation. 


of  the  items  contained  in  the  detailed  statement  as  are 
proper,  not  exceeding  in  the  aggregate  the  gross  sura 
originally  charged ;  but  the  Master  can  in  no  case  allow 
more  tlian  the  original  amount  {Re  Tilleard). 

Those  payments  only  which  are  made  in  pursuance  of 
the  professional  duty  undertaken  by  the  solicitor,  and 
which  he  is  bound  to  perform  or  which  are  sanctioned  as 
professional  payments  by  the  general  and  established 
custom  and  practice  of  the  profession,  ought  to  be  entered 
and  allowed  as  professional  disbursements  in  the  bill  of 
costs  {Re  Remnant,  11  Beav.  603;  18  L.  J.  Ch.  374). 
Other  disbursements  ought  to  be  included  in  a  separate 
cash  account  {ibid.).  See,  too,  ante,  pp.  441,  442,  and  post, 
Section  VIII.,  as  to  costs  of  taxation. 

It  is  not  the  practice  to  require  an  affidavit  of  increase 
on  taxations  in  the  Clianccry  Division  {SmitJt  v.  Day,  16 
Ch.  D.  726). 

"  When  the  taxation  of  tlic  bill  of  costs  lias  been  com- 
pleted, the  Taxing  Master  proceeds  to  take  an  account  of 
the  sums  received  by  the  solicitor  from  the  client  or  other- 
wise, on  account  of  his  bill  of  costs.  If  the  solicitor  does 
not  bring  in  his  account,  however  small  the  sura  received 
may  be,  there  appears  no  mode  of  procuring  the  account, 
except  by  examining  the  solicitor "  (Smith's  Chancery 
Practice,  156,  7th  ed.).  See  further  as  to  cash  accounts, 
ante,  p.  441. 

We  have  already  seen  wliat  items  can  be  taken  into 
consideration  by  the  Taxing  Master  under  the  common 
order  to  tax,  ante,  pp.  441,  442.  As  to  charging  the 
solicitor  with  interest  or  profits,  see  ayite,  p.  442 ;  Re 
Savery,  13  Beav.  424. 

The  twenty-sixth  rule  of  Cons.  Ord.  XL.  provides  that, 
where,  upon  the  taxation  of  any  bill  of  costs,  it  appears 
to  the  Taxing  Master  that,  for  the  purpose  of  duly  taxing 
the  same,  it  is  necessary  to  inspect  any  books,  papers,  or 
documents  relating  to  the  cause  or  matter  in  thechambei's 
of   any  judge,  the  Taxing  Master  shall  be  at  liberty  to 


PKOCEEDINGS  ON  TAXATION  GENERALLY.     47 o 

req-uest  the  chief  clerk  of  such  judge  to  cause  the  same  to 

be  transmitted  to  the  office  of  the  Taxing  Master ;  and 

also  to  request  such  chief  clerk  to  certify  any  proceedings 

in  the  said  chambers  which  may  be  comprised  in  the  bill  Transmis- 

of  costs  under  taxation  ;  and  in  such  cases  the  chief  clerk  ^1°^  °i    , 

■  .such  clocu- 

M'hen  and  so  soon  and  at  and  for  such  times  as  the  due  ments  to 
transaction    of  the   business  at   the  said    chambers  will  Master's 
permit,  shall  direct  such  books,  papers,  and  documents  to  °^^^- 
be  transmitted  to  the  office  of  the  Taxing  Master  for  his 
use  during  the  taxation,  and  shall  certify  the  proceedings 
which  have  taken  place  in  the  said  chambers  according  to 
the  request  of  the  Taxing  Master  ;  and  after  the  costs  in 
respect  of  which  such  request  of  the  Taxing  Master  Avas 
made  shall  have  been  certified,  the  Taxing  Master  shall 
cause  the  same  books,  papers,  and  documents  w^iich  have 
been  so  transmitted  to  his  office,  if  then  remaining  there 
to  be  returned  to  the  chambers  of  the  judge. 

The  twenty-seventh  rule  of  the  same  Order  provides  that, 
Avhen  any  book,  paper,  or  document  shall  be  transmitted 
from  the  chambers  of  a  judge  to  the  office  of  a  Taxing 
Master,  a  memorandum  of  such  transmission  shall  be  made 
and  signed  by  the  Taxing  Master  or  the  clerk  of  the  Taxing 
Master  at  whose  request  such  book,  paper,  or  document, 
may  be  transmitted,  and  shall  be  delivered  to  the  chief 
clerk  of  such  judge  ;  and  when  any  such  book,  paper,  or 
document  shall  be  returned  from  the  office  of  the  Taxing 
Master  to  the  judges'  chambers,  a  memorandum  of  such 
return  shall  be  made  and  signed  by  such  chief  clerk,  or  by 
one  of  his  clerks,  and  shall  be  delivered  to  the  Taxing  Master. 

Where  it  turned  out  that  the  person  employed  by  the  Where  it 
client  as  a  solicitor  was  not  a  solicitor  of  the  Court,  all  his  Jja"  per^^a 
costs  were  disallowed,  except  disbursements  actually  made  employed 
to  the  clerk  in  Court  (Prehhle  v.  Boghurst,  1  R.  &  M.  744  ;  soHdto^r  of 
Coates  V.  Haivkijard,  ibid.  746  ;  and  see  2^ost,  p.  566).         ^^^^  ^o'""*- 

A  decree  directing  the  costs  of  a  suit  to  be  taxed, 
warrants,  unless  further  consideration  is  adjourned,  the 
taxation  of  the  costs  of  workinsf  out  the  directions  of  the 


476        DELIVERY    AKD    TAXATION    OF    BILLS    OF    COSTS. 

decree ;  and  this  it  has  been  held  to  do,  notwithstanding  a 
reservation  of  subsequent  costs  not  provided  for  by  the 
decree :  there  being  other  costs  by  which  these  words 
might  be  satisfied  {Qaarrell  v.  Bed-ford,  1  Mad.  285,  28G). 
Where  the  subsequent  costs  are  not  intended  to  be  taxed, 
the  direction  should  be  confined  to  costs  up  to  the  decree, 
or  the  further  consideration  of  the  cause  should  be  re- 
served (Daniell's  Chancery  Practice,  5th  ed.  1316).  And 
see  KreJd  v.  Park,  10  Ch.  334 ;  44  L.  J.  Ch.  286 ;  23 
W.  R.  475  ;  33  L.  T.  83. 

"  Where  an  order  is  made  for  taxation  of  costs,  if  it  is 
intended  that  any  costs  are  not  to  be  taxed,  it  should  be  so 
stated,  otherwise  a  general  direction  to  tax  is  implied,  the 
meaning  of  which  is  to  ascertain  what,  if  anything,  is  due 
for  costs.  If  it  turns  out  that  the  proceedings  in  respect 
of  Avhich  the  costs  w'crc  incurred  were  improper,  then  no 
costs  ought  to  be  allowed  :"  pc^'  Jesscl,  M.  R,  Simmons  v. 
Stover,  14  Ch.  D.  p.  156  ;  49  L.  J.  Ch.  121 ;  28  W.  R. 
408  ;  42  L.  T.  291. 
Costs  An  order  of  the  Court  of  Appeal,  directing  payment  of 

ciiiectcd      costs,  without  auv  intimation  that  the  taxation  and  payment 

to  1)C  paid  '  ''  11 

by  the        arc  to  be  postponed,  means  that  the  costs  are  to  be  taxed 

l"^'^;^/     and  paid  forthwith  {PJdlq>l>^  v.  Fhllij'ps,  5  Q.  B.  D.  60  ; 

28  W.  R.  376). 

Order  is  Where  an  order  directs  the   taxation  or  payment   of 

joint  and     ^osts  bv  two  or  morc  parties,  each  party  is  jointly  and 
several.  "^  x        ^  ^  ^ 

severally  liable  {Pooh  v.  Francis,  1  Mol.  78 ;  Mercdyili  v. 

Hughes,  3  Y.  &  J.  188) ;  and  if  one  of  them  dies,  the  costs 

may   nevertheless   be   taxed   and  recovered    against  the 

survivors  {Mercdyth  v.  Hughes  ;  Aspdcn  v.  Seddon,  W.  N. 

(1877),  207).     See  jw&f,  Ch.  IX. 

Costs  of  But  where  several  defendants  retain  the  same  solicitor, 

several  dc-  gg^^jj  ^jf  them  cau   only  be  charged  with  his  proportion  of 

fciidauts.  "^  ^  ^  1,1,- 

the  general  costs  of  proceedmgs  taken  on  behalf  of  all 
(Re  Colquhoun,  5  De  G.  M.  Sz  G.  35,  affirming  S.  C.  1  Sm. 
&  G.  app.  1 ;  Davies  v.  Chatuvod,  11  Ch.  D.  244  ;  48  L.  J. 
Ch.  358  ;  27  W.  R.  485  ;  40  L.  T.  181). 


PROCEEDINGS    ON   TAXATION   GENERALLY.  477 

As  to  higher  and  lower  scales  of  costs,  see  App.  No.  I.,  Different 

,  1         ,        .1  1  scales  of 

'post,  and  notes  thereto.  p^y^g^ 

Where  any  costs  are  by  any  decree  or  order  directed  to  Total 
be  taxed,  and  to  be  paid  out  of  any  money  in  court,  the  '■'"lo""*  ^^ 
Taxing  Master  in  his  certificate  of  taxation  shall  state  the  be  stated, 
total  amount  of  all  such  costs  as  taxed,  without  any  direction 
for  that  purpose  in  such  decree  or  order  (Cons.  Ord.  XL. 
r.  40).     The  Master  is  at  liberty  to  certify  specially  any 
circumstances  relating  to  the  bill  or  taxation  (6  &  7  Vict. 
c.  73,  s.  37). 

Where  a  party  entitled  to  receive  costs  is  liable  to  pay  Adjust- 
costs  to  any  other  party,  the  Taxing  Master  may  tax  the  "^g"^  ? 
costs  such  party  is  so  liable  to  pay,  and  may   adjust  the  'leduction 
same  by  Avay  of  deduction  or  set  off,  or  may,  if  he  shall 
think  fit,  delay  the   allowance  of  the  costs  such   party  is 
entitled  to  receive  until  he  has  paid  or  tendered  the  costs 
he  is  liable  to  pay  ;  or  such   Master   may  allow  or  certify 
the  costs  to  be  paid,  and  the  same  may  be  recovered  by 
the  party  entitled   thereto,  in   the   same  manner  as  costs 
ordered  to  be  paid  may  be  recovered   (R,  S.  C.  (Costs) 
Sched.  r.  19  ;  PviiKjh  v.  Gloag,  10  Ch.  D.  G70' ;  and  see 
ante,  p.  133). 

Where  the  solicitor  {Re  Waugh,  29  Beav.  GGG)  or  the  Revivor' 
client  {Re  Nicholson,  29  Beav.  665 ;  30  L.  J.   Ch.  79G)  '^^^l^""  °^ 
dies  pending  the  taxation,  the  proceedings  may  be  revived  pending' 
on  an  ex  jKirte  application.     Where   both  the  client  and  ^^'^  "^"' 
solicitor  died   the   taxation  was   ordered  to   be  continued 
between  the  representatives  {Re   WhaUey,  20  Beav.  576). 
As  to  taxation  pending  an  abatement  and  revivor  for  the 
purposes  of  taxation,  see  post,  Ch.  IX.     By  the  Attorneys 
and  Solicitors  Act,  1S70,  s.    19,   "any  person  interested 
under  a  decree  or  order  "  for  payment  of  costs  in  any  suit, 
may  obtain  an  order  to  revive  such  suit,  and  thereupon  to 
prosecute   and   enforce    such    decree    or    order,  see  j)^^^} 
p.  540. 

"When  the  taxation  is  completctl,  the  Master  signs  the 
bill.     If  it  is  intended  to  enforce  p.iyment  of  the  costs  by 


478        DELIVERY   AND   TAXATION   OF   BILLS   OF   COSTS. 


Objections 
to  allow- 
ance or 
disallow- 
ance by 
Taxing 
Master. 


What 
sufficient 
answer  to 
objection. 


any  further  proceedings,  or  evidence  of  the  amount  is 
required,  the  items  taxed  are  added  up,  and  the  result  of 
the  taxation  ascertained  by  the  solicitors,  and  checked  by 
the  Taxing  Master's  clerk  ;  and  a  certificate  of  the  taxation 
must  be  obtained  from  the  Taxing  Master,  and  filed  in  the 
Report  Office,  and  an  office  copy  taken  "  (Daniell's  Chan- 
cery Practice,  p.  1314,  5th  ed.).  As  to  the  filing  of  the 
Taxing  Master's  certificate  when  a  cause  in  the  Chancery 
Division  is  proceeding  in  a  District  Registry,  see  R.  S.  C. 
Ord.  XIX.  r.  29a.  (March,  1879).  An  action  commenced 
by  the  solicitor  on  his  bill  after  taxation  was  restrained, 
although  the  certificate  had  not  been  filed  {Re  Campbell, 
3  De  G.  M.  &  G.  585). 

"  Any  party  who  may  be  dissatisfied  with  the  allowance 
or  disallowance,  by  the  taxing  officer,  in  any  bill  of  costs 
taxed  by  him,  of  the  whole  or  any  part  of  any  item  or 
items,  may,  at  any  time  before  the  certificate  or  allocatur 
is  signed,  deliver  to  the  other  party  interested  therein,  and 
carry  in  before  the  taxing  officer  an  objection  in  Avriting 
to  such  allowance  or  disallowance,  specifying  therein  by  a 
list,  in  a  short  and  concise  form,  the  item  or  items,  or  parts 
or  part  thereof  objected  to,  and  may  thereupon  apply  to 
the  taxing  officer  to  review  the  taxation  in  respect  of  the 
same  "  (R.  S.  C.  (Costs)  Sched.  r.  30).  This  rule,  which 
is  taken  from  Cons.  Ord.  XL.  r.  33,  does  not  oblige  the 
party  who  carries  in  the  objection  to  state  the  reasons  of 
his  objection  ;  he  is  only  required  to  state  the  items  he 
objects  to  {Simmons  v.  Stover,  14  Ch.  D.  154  ;  49  L.  J. 
Cli.  121  ;  28  W.  R.  408  ;  42  L.  T.  291). 

In  a  modern  case  the  Taxing  Master  disallowed  a 
general  objection  to  a  bill  of  costs  as  not  properly  chargeable 
under  a  trust  deed  on  the  ground  that  the  words  of  the 
trust  deed  covered  all  expenses  incurred  by  the  trustee  in 
the  matters  of  the  trust,  and  that  the  majority  of  the  items 
of  costs  were  incun-ed  with  the  plaintiff's  consent,  and  that 
some  of  them  were  admitted  by  the  plaintiff's  bill.  The 
Master  also  disallowed  an  objection  to  particular  items  as 


PROCEEDINGS  ON  TAXATION  GENERALLY.      479 

having  been  unnecessarily  and  improperly  incurred  on  the 
ground  that  such  costs  had  been  proved  before  him  to  have 
been  properly  incurred.  It  was  held  that  both  answers  were 
sufficient  {Maiu  v.  Pearson,  3  N.  K  99).  On  an  objection  Evidence. 
to  a  solicitor's  charge  for  journeys  his  affidavit  that  they 
"  were  necessarily  and  properly  taken  for  the  benefit  of  the 
trusts  estate  "  was  in  the  absence  of  evidence  to  the  con- 
trary, held  to  be  sufficient  (iiiiV/.). 

"  Upon  such  application,  the  taxing  officer  shall  re-con-  Review  of 
sider  and  review  his  taxation  upon  such  objections,  and  he  '^^'^  ^°"' 
may,  if  he  shall  think  fit,  receive  further  evidence  in  respect 
thereof,  and,  if  so  required  by  either  party,  he  shall  "state 
either  in  his  certificate  of  taxation  or  allocatur,   or  by 
reference  to  such  objection,  the  grounds  and  reasons  of 
his  decision  thereon,  and  any  special  facts  or  circumstances 
relating  thereto"  (R.  S.  C.  (Costs)  Sched.  r.  81). 
This  rule  is  taken  from  Cons.  Ord.  XL.  r.  34. 
Any  party  who  may  be  dissatisfied  Avith  the  certificate  Applica- 
or  allocatur  of  the  taxing  officer,  as  to  any  item  or  part  of  Jrj"/°to 
an  item  which  may  have  been  objected  to,  may  apply  to  a  review 
judge  at  chambers  for  an  order  to  review  the  taxation  as 
to  the  same  item  or  part  of  an  item,  and  the  judge  may 
thereupon  make  such  order  as  to  the  judge  may  seem 
just;  but  the  certificate  or  allocatur  of  the  taxing  officer 
shall  be  final  and  conclusive,  as  to  all  matters  which  shall 
not  have  been  objected  to  in  manner  aforesaid  (R.  S.  C. 
(Costs)  Sched.  r.  32). 

The  application  to  review  was  directed  to  be  made  in 
chambers  by  r.  3  of  the  Ord.  of  April  l7th,  18G7 ;  see 
Webster  v.  Manhy,  4  Ch.  372. 

Where  costs  are  by  statute  directed  to  be  taxed  by  "  a 
taxing  master,"  he  acts  as  a  persona  designata,  and  not 
as  an  officer  of  the  Court,  and  his  taxation  is  conse- 
quently not  subject  to  reviewal,  whatever  remedy  there 
may  be  by  certiorari  or  mandamus  {Re  y^JieJJield  Water- 
works Act,  L.  R.  1  Ex.  54  ;  Owen  v.  L.  &  N.  W.  By.  Co., 
L.  R.  3  Q.  B.  54,  and  cases  there  cited  ;  Sandback  Charity 


480        DELIVERY   AND    TAXATION   OF   BILLS    OF   COSTS. 


What 
questions 
entertained 
on  appli- 
cation to 
review 
taxation. 


Trustees  v.  North  Stafordshire  By.  Co.,  3  Q.  B.  D.  1 ;  47 
L.  J.  Q.  B.  10  ;  2G  W.'r  229  ;  37  L.  T.  391). 

A  re-taxation  will  in  no  case  be  directed  if  the  items 
alleged  to  be  overcharged  do  not  amount  to  forty  shillings 
{Nevjton  i:  iri/c  v.  Boodle,  4  C.  B.  359) ;  and  on  an  appli- 
cation to  review,  the  amount  must  be  stated  {Be  Dcarden,  9 
Exch.  210)  ;  and  the  items  alleged  to  have  been  improperly 
allowed  or  disallowed  must  be  specified  {Be  Congreve,  4 
Beav.  87).  A  taxation  of  costs  cannot  be  reviewed  on  a 
point  not  raised  before  the  Taxing  Master  {Sco rji eld  v.  Jon e>i, 
18  S.  J.  86).  Unless  there  has  been  some  very  gross  over- 
charge {Smith  v.  Buller,  19  Eq.  473),  the  Court,  on  an 
application  to  review,  will  only  determine  questions  which 
involve  some  principle,  and  not  those  relating  to  quantum 
onlv,  which  will  be  left  to  the  discretion  of  the  Taxing 
Master  {Be  Catlin,  18  Beav.  508;  Friend  v.  Solly,  10 
Beav.  329  ;  Be  Congreve,  4  Beav.  87  ;  Turner  v.  Turner, 
7  W.  R  573  ;  Be  Hahhard,  23  Beav.  481  ;  Attorney- 
General  V.  Lord  Carrington,  6  Beav.  454 ;  Alsop  v.  Lord 
Oxford,  1  M.  &  K.  5G4  ;  Attorney-General  v.  Drapers' 
Company,  9  Eq.  69  ;  Be  Mortimer,  Ir.  R.  4  Eq.  96  ;  18 
W.  R.  367).  And  the  discretion  of  the  Taxing  Master 
applies  not  only  to  the  quantum  but  to  the  quoties,  e.g., 
in  the  case  of  interviews,  to  the  number  of  interviews  as 
well  as  to  the  amount  to  be  allowed  for  each  {Be  Broivn, 
4  Eq.  464).  Where,  however,  there  had  been  some  irre- 
gularity in  the  proceedings  before  the  Taxing  Master 
{Fenton  v.  Crickett,  3  Mad.  496),  or  where  costs  had  been 
Avrondv  omitted  from  taxation  {Greemcood  v.  Churchill, 
14  Beav.  160),  or  taxed  on  the  higher  instead  of  on  the  lower 
scale  {Paddon  v.  Winch,  20  Eq.  449),  or  where  the  Master 
refused  to  allow  any  costs  in  respect  of  a  particular  pro- 
ceeding {Heming  v.  Lei/child,  8  W.  R.  352,  affirmed  on 
appeal  9  W.  R.  174),  the  taxation  was  ordered  to  be  re- 
viewed ;  see  also  B.  v.  L.  C.  d-  D.  By.  Co.,  12  Jur.  N.  S. 
230.  And  the  rule  does  not  apply  to  counsel's  fees  on  an 
appeal,  as  the  Judge  of  the  Court  below  is  better  able  to 


PEOCEEDINGS  ON  TAXATION  GENERALLY.      481 

decide  tie  question  of  quantum  in  such  a  case  {Gilbert  v. 
Guif/non,  21  W.  R  745).  Where  the  objections  were 
carried  in  before  the  certificate  was  filed,  but  were  not 
proceeded  with,  it  was  held  that  the  Court  in  exercise  of 
its  general  jurisdiction  over  its  officers  could  order  the 
taxation  to  be  reviewed  {Kenrick  v.  Wood,  W.  N.  (1870) 
21G). 

Where,  in  taxing  costs  at  law,  the  Common  Law  Master  Where 
referred  equity  matters  to  a  Chancery  Taxing  Master,  an  [g^f^om*^'^ 
application  to  review  such  taxation  was  refused  {Re  Lett,  Common 

10  \^':-  K-  6)-  ]Zt.r. 

It  is  not  the  province  of  the  Taxing  Master  to  deal  with  What 
any  but  ordinary  costs  :  any  other  question  which  arises  "1^1^" 
must  be  dealt  with  by  the  Judge  in  Chambers  (Turner  v.  province 
Turner,  7  W.  R.  573  ;  King  v.  Savenj,  8  De  G.  M.  &  G.  M^tet"" 
311).     Thus  the  Master  has  no  jurisdiction  to  enter  into 
the  propriety  of  a  compromise  entered  into  between  the 
solicitor  and  the  client  which  the  client  has  not  sought  to 
impeach  {Re  Catlin,  18  Beav.  511),  and  his  doing  so  Avill  be 
a  ground  for  reviewing  the  taxation  (ibid.).     In  Grcdiavi 
V.  Wickham,  34  L.  J.  Ch.  220  ;  11  Jur.  N.  S.  168  ;  13  W. 
R.  396  ;  12  L.  T.  39,  it  was  held  that  the  Taxing  Master 
might  allow  executors  their  costs  of  litigation,  though  no 
direction  was  given  in  the  suits  in  which  such  costs  Avere 
incurred  that  they  should  be  so  allowed. 

Where  the  petitioner  had  not  taken  proper  steps  to  Costs  of 
satisfy  the  Master  when  the  matter  was  in  his  office,  he  'tr^'^'^^!"" 
was,  though  successful  on  his  application  to  review,  ordered 
to  pay  the  costs  of  the  petition  (Sturge  v.  Diinsdale,  9 
Beav.  170).  Where  the  taxation  was  upheld  in  some 
respects,  and  ordered  to  be  reviewed  in  others,  no  costs 
were  given  (Re  Catlin,  18  Beav.  508).  See,  too.  Re  Whalley, 
20  Beav.  578  ;  Re  Colquhoun,  5  De  G.  M.  &  G.  35  ;  1  Sm. 
&  Giff.  App.  1  ;  Re  London,  Birmingham,  d'  Bucks  Ry. 
Act,  6  W.  R  141. 

An  application  to  review  a  taxation  must  be  heard  and  Evidence 
determined  by  the  judge  upon  the  evidence  brought  in  catfon^to 

I  1  review. 


482        DELIVERY   AND    TAXATION    OF   BILLS    OF   COSTS. 

before  the  taxing  officer ;  and  no  further  evidence  can 
be  received  unless  the  judge  otherwise  directs  (R  S.  C. 
(Costs)  Sched.  r.  38). 
Taxation  of  By  Standing  Order  X.  it  is  provided  that  in  all  cases  in 
Housrof^^  which  the  House  shall  make  any  order  for  payment  of 
Lords.  costs  by  any  party  or  parties  in  any  cause  without  specify- 
ing the  amount,  the  Clerk  of  the  Parliaments  or  Clerk 
Assistant  shall,  upon  the  application  of  either  party, 
appoint  such  person  as  he  shall  think  fit  to  tax  such  costs, 
and  the  person  so  appointed  may  tax  and  ascertain  the 
amount  thereof,  and  shall  report  the  same  to  the  Clerk 
of  the  Parliaments  or  Clerk  Assistant :  And  that  the  same 
fees  shall  be  demanded  from  and  paid  by  the  party  apply- 
ing for  such  taxation  for  and  in  respect  thereof  as  are  now 
or  shall  bo  fixed  by  any  resolution  of  the  House  concern- 
ing such  fees.  The  person  so  appointed  to  tax  such  costs 
may,  if  he  thinks  fit,  either  add  or  deduct  the  whole  or  a 
part  of  such  fees  at  the  foot  of  h  is  report  ;  And  the  Clerk 
of  the  Parliaments  or  Clerk  Assistant  may  give  a  certificate 
of  such  costs,  expressing  the  amount  so  reported  to  him  as 
aforesaid  ;  and  the  amount  in  money  certified  by  him  in 
such  certificate  shall  be  the  sum  to  be  demanded  and 
paid  under  or  by  virtue  of  such  order  for  payment  of 
costs. 


General 
rules. 


Writs, 

l)leaclings, 
&c. 


Sect.  VII. — Proceedings  on  Taxation  with  Reference 
to  Particular  Matters. 

The  general  costs  of  proceedings  in  the  Supreme  Court 
arc  regulated  by  R.  S.  C.  (Costs),  Ord.  XL,  and  the 
Schedule  thereto  ;  see  App.  I.,  2wst. 

By  E.  S,  C.  (Costs)  Sched.  r.  1,  as  to  Avrits  of  summons 
requiring  special  indorsement,  pleadings  and  affidavits  in 
answer  to  interrogatories,  and  other  special  affidavits, 
when  the  higher  scale  is  applicable,  the  Taxing  Officer 
may  in  lieu  of  the  allowances  for  instructions  and  prepar- 
ing or  drawing,  make  such  allowance  for  work,  labour,  and 


TAXATION   OF   PARTICULAR   MATTERS.  483 

expenses,  in  or  about  the  preparation  of  such  documents 
as  in  his  discretion  lie  may  think  proper.  As  to  drawing 
any  pleading  or  other  document  the  fees  allowed  are  to 
include  any  copy  made  for  the  use  of  the  solicitor,  agent, 
or  client,  or  for  counsel  to  settle  (r.  2). 

As  to  instructions  to  sue  or  defend,  when  the  higher  Instruc- 
scale  is  applicable  :  if,  in  consequence  of  the  instructions  gj,e  qj. 
being  taken  separately  from  more  than  three  persons  (not  defend. 
being  co-partners),  the  Taxing  Officer  shall  consider  the 
fee  provided  inadequate,  he  may  make  such  further  al- 
lowance as  he  shall  in  his  discretion  consider  reasonable 
(r.  3). 

In  the  case  of  costs  to  be  paid  or  borne  by  another  j)arty  Only  ueces- 
no  costs  are  to  be  allowed  which  do  not  appear  to  the  toYe*^°^  '^ 
Taxing  Officer  to  have  been  necessary  or  proper  for  the  allowed 

lis  IjCtWGGll 

attainment  of  justice  or  defending  the  rights  of  the  party,  j^rty  and 
or  which  appear  to  the  Taxing  Officer  to  have  been  in-  P^^'^J'- 
curred  through   over-caution,   negligence,  or  mistake,  or 
merely  at  the  desire  of  the  party  (R.  S.  C.  (Costs)  Schod. 
r.  26  ;  see  Warner  v.  Mosses,  19  Ch.  D.  72).     This  rule  is 
similar  to  Cons.  Ord.  XL.  r.  32,  but  is  more  general. 

The  costs  of  issuing  process  of  contempt  will  not  be 
allowed  unless  specially  applied  for  (Attorney-General 
V.  Lo7yI  Carrington,  6  Beav.  4G0).  And  charges  incurred 
merely  for  conducting  litigation  more  conveniently  are 
considered  "  luxuries,"  and  must  be  paid  by  the  party  in- 
curring them ;  see  Smith  v.  BuUer,  19  Eq.  473  ;  45  L.  J. 
Ch.  69 ;  23  W.  K  332 ;  31  L.  T.  473. 

The  Court  or  Judge  may,  at  the  hearing  of  any  cause  or  Court  may 
matter,  or  upon  any  application  or  procedure  in  any  cause  faster  to 
or  matter  in  Court  or  at  Chambers,  and  whether  the  same  ascertain 
IS  objected  to  or  not,  direct  the  costs  oi  any  pleading,  am-  necessary 
davits,  evidence,  notice  to  cross-examine  witnesses,  account, 
statement  or  other  proceeding,  or  any  part  thereof,  which 
is  improper,  unnecessary,  or  contains  unnecessary  matter, 
or  is  of  unnecessary  length,  to  be  disallowed,  or  may  direct 
the  Taxing  Officer  to  look  into  the  same  and  to  disallow 

1  1  2 


matter. 


48-i        DELIVERY   AND    TAXATION    OF   BILLS    OF   COSTS. 

the  costs  thereof,  or  of  such  part  thereof  as  he  shall  find 
to  be  improper,  unnecessary,  or  to  contain  unnecessary 
matter,  or  to  be  of  unnecessary  length ;  and  in  such  case 
the  party  whose  costs  are  so  disallowed  shall  pay  the  costs 
occasioned  to  the  other  parties  by  such  unnecessary  pro- 
ceeding, matter,  or  length  ;  and  in  any  case  Avhere  such 
question  shall  not  have  been  raised  before  and  dealt  with 
by  the  Court  or  Judge,  the  Taxing  Officer  may  look  into 
the  same  (and,  as  to  evidence,  although  the  same  may  be 
entered  as  read  in  any  decree  or  order)  for  the  purpose 
aforesaid,  and  thereupon  the  same  consequences  shall  en- 
sue as  if  he  had  been  specially  directed  to  do  so  (R.  S.  C. 
(Costs)  Sched.  r.  18). 

This  rule  takes  the  place  of  Cons.  Ord.  XL.  rr.  9,  10. 
The  Taxing  Master  must  exercise  the  jurisdiction  conferred 
on  him  by  this  rule  as  to  inquiring  into  the  propriety  of 
proceedings  in  an  action,  though  no  special  directions  have 
been  given  for  that  purpose  (Re  Wormsley,  Baincs  v. 
Wormsley,  47  L.  J.  Ch.  844  ;  27  W.  R  36  ;  39  L.  T.  85). 
Under  the  old  rule  (Con.s.  Ord.  XL,  r.  9)  the  Taxing 
Master  did  not  act  without  the  direction  of  the  Court  {Re 
Farington,  33  Beav.  346).  By  Rule  19  of  the  same  Order 
(Aug.  1875),  costs  ordered  to  be  paid  under  r,  18  may  be 
taxed,  and  then  deducted  or  set  off,  see  ante,  p.  132;  and 
by  r.  20,  where  in  the  Chancery  Division  any  question  as 
to  any  costs  is  under  the  preceding  rule  18  dealt  with  at 
Chambers,  the  chief  clerk  is  to  make  a  note  thereof,  and 
state  the  same  on  his  allowance  of  the  fees  for  attendances 
at  Chambers,  or  otherwise,  as  may  be  convenient  for  the 
information  of  the  Taxing  Officer.  See  also  R.  S.  C. 
Ord.  II.  r.  2,  Ord.  XIX.  r.  2,  and  Ord.  XXXI.  r.  2,  as  to 
the  costs  of  unnecessary  and  improper  matter. 

Effect  of  It  seems  that  the  direction  operates  as  an  intimation 

that  the  Court  considers  the  affidavit  or  pleading  referred 
to  be  of  improper  length  (Re  Skidmore,  24  L.  J.  Ch.  711  ; 
1  Jur.  N.  S.  696  ;  but  see  contra,  Moore   v.  Smith,  14 

Form  of      Bcav.  396).     The  usual  direction  to  the  Taxing  Master  is 

direction. 


TAXATION   OF   PARTICULAR   MATTERS.  485 

to  look  into  the  pleadings,  &c.,  and  disallow  the  costs  of 
such  pai-ts  thereof  as  he  shall  find  to  be  improper  or  un- 
necessary, and  to  ascertain  the  costs  occasioned  thereby, 
and  such  costs  are  ordered  to  be  deducted  from  the  costs 
payable  by  the  other  side  (Burchell  v.  Giles,  11  Beav.  34  ; 
and  see  Woods  v.  Woods,  5  Hare,  229 ;  Ee  Bcdminster 
Charities,  12  Jur.  665  ;  Cracknall  v.  Janson,  11  Ch.  D. 
1,  14 ;  Seton,  4th  ed.,  120). 

The  setting-out  of  the  material  sections  of  a  public  Instances 
statute  (as,  for  instance,  the  Lands  Clauses  Consolidation  i'engtL°'^^ 
Act)  constitutes  improper  prolixity  {Re  Manchester  & 
Leeds  Ry.  Co.,  8  Hare,  31 ;  but  see  contra,  Re  LiUey's 
Trusts,  17  Sim,  110).  Where  a  petition  contained  per- 
sonal and  in'elevant  charges  against  the  respondent,  being 
the  husband  of  the  petitioner,  the  next  friend  was  ordered 
to  pay  so  much  of  the  costs  on  both  sides  as  were  pro- 
perly occasioned  by  the  introduction  of  such  charges  into 
the  petition  {Re  Wills  Trusts,  3  N.  R.  107  ;  12  W.  R.  97  ; 
and  see  ante,  p.  36). 

Where,  in  an  interpleader  suit,  the  plaintiff  filed  an 
affidavit  of  some  length  as  to  the  merits,  the  Taxing 
Master  was  directed  to  have  regard  to  any  prolixity  in 
the  plaintiffs'  affidavits  {Scottish  Union  Insurance  Co., 
V.  Steele,  9  L.  T.  677).  See  further  as  to  unnecessary 
length  in  pleadings,  kc.  Tench  v.  Cheese,  1  Beav.  571 ; 
Byde  v.  Masterman,  Cr.  &  Ph.  265 ;  Attorney- General  v. 
Foster,  2  Hare,  81 ;  Davis  v.  Cripj^s,  2  Y.  &  C.  C.  C. 
435  ;  Norway  v.  Roive,  1  Mer,  347 ;  Hanslip  v.  Kitton, 
8  Jur.  N.  S.  808,  1113 ;  and  ante,  p.  304.  In  Cory  v. 
Thames  Ironworks  <L-  Shipbuilding  Co.,  16  W,  R.  476,  the 
plaintiffs  were  disallowed  the  extra  costs  occasioned  by  an. 
excessive  claim  for  damages. 

In  taxing  the  costs  of  an  abandoned  motion,  or  on  the  Taxation 
discontinuance  of  an  action,  the  costs  of  all  work  relating  abandoned 
to  affidavits  or  pleadings  reasonably  and  properly  and  not  motion,  or 
prematurely  done,  down  to  the  time  of  any  notice  which  tinuance. 
stops  the  work,  will  be  allowed  {Harrison  v.  Leutner,  16 


48G        DELIVERY   AND   TAXATION   OF   BILLS   OF   COSTS. 

Ch.  D.  .559;  20  W.  R.  393;  50  L.  J.  Cli.  2G4;  44  L.  T. 
.331). 
Evidence.  "As  to  evidence  such  just'  and  reasonable  charges  and 
expenses  as  appear  to  have  been  properly  incurred  in  pro- 
curing evidence  and  the  attendance  of  witnesses  are  to  be 
allowed  "  (R.  S.  C.  (Costs)  Sched.  r.  8). 

Tlie  costs  of  all  neces.sary  evidence  will  of  course  be 
allowed;  see  Stlmpson  v.  Jepson,  18  W.  R.  962.  As  to 
the  costs  of  unnecessary  evidence,  see  Booth  v.  Booth,  1 
Beav.  130  ;  Farrovj  v.  Rees,  4  Beav.  24.  If  the  Court  can 
clearly  distinguish  the  evidence,  kc,  which  has  been  un- 
necessarily entered  into,  it  will  dispose  of  the  costs  thereof 
at  once.  See  Furrovj  v.  Bees ;  and  as  to  costs  of  unneces- 
sary matter  generally,  a  ate,  p.  483. 
Costs  of  Tlie  costs  of  affidavits   filed,  but  not  entered  in  the 

aiulavits.    Qj.jjgj.^  .^YJji  j-^q^.  j^^^  allowed  even  on  a  taxation  as  between 

solicitor  and  client  (Steven)^  v.  Lord  Keivhorough,  11 
Beav.  403;  Stiuni  v.  GreenaU,  13  Price,  755  ;  and  see 
further  as  to  costs  of  affidavits,  Cumille  v.  Donato,  13  W.  R. 
358.  A  solicitor  is  entitled  to  the  costs  of  an  affidavit 
made  on  delivering  up  papers  under  an  order  {Re  Catlin, 
18  Beav.  514  ;  see  RauUnsoa  v.  Moss,  9  W.  R.  733). 
Witnesses  Where  notice  was  given  to  cross-examine  witnesses  at 
for  CTosV"^'  the  hearing,  and  they  were  brought  up  accordingly,  but 
examina-  "wcrc  not,  in  fiict,  cross-oxamiued,  it  was  held  that  the 
hearing.  costs  of  bringing  them  up  ought  to  be  allowed  in  taxation, 
as  between  party  and  party  {Clarh  v,  M<dpfis,^\  Beav. 
554 ;  1  N.  R.  221).  Where  interrogatories,  though  pre- 
pared, were  not  filed  in  order  to  .save  expense,  the  costs 
of  preparing  them  were  allowed  on  taxation  as  between 
party  and  party  {Davies  v.  Marshcdl  (No.  2),  1  Dr.  k  Sm. 
564 ;  9  W.  R.  756).  But  where  a  demun-er  was  allowed, 
the  costs  of  perusing  interrogatories,  served  before  the 
demurrer  was  filed,  were  disallowed  {Ernest  v.  Partridge, 
2  N.  R.  232).  The  costs  of  taking  depositions  which 
became  useless  were  disallowed  {Ridley  v.  Sutton,  1  H.  & 
C.  741 ;  but  see  Didce  of  Beaufort  v.  Lord  Ashhurnham, 


TAXATION    OF    PARTICULAR   MATTERS.  487 

cited  below).  A  solicitor  will  be  allowed  a  reasonable 
sum  for  reading  depositions  taken  abroad  {Wenhuorth 
V.  Lloyd,  2  Eq.  607).  Where  a  similar  affidavit  has  been 
filed  in  each  of  several  suits,  a  solicitor  is  not  entitled  to 
charge  for  perusing,  when  he  has  simply  taken  an  office 
copy  of  the  affidavit  in  one  suit  and  examined  the  affidavits 
in  the  other  suits  at  the  Record  Office  (Betts  v.  Cleaver, 
7  Ch.  513).  Where  there  are  several  deponents  to  be  Several 
sworn,  or  they  are  at  a  distance,  the  Taxing  Master  may  '®i^°°^°  ^• 
make  such  reasonable  allowance  as  he  thinks  fit ;  the 
allowances  for  affidavits  include  all  attendances  to  settle 
and  read  over  (R.  S.  C.  (Costs)  Sched.,  rr.  4,  5). 

The  above  rule  as  to  evidence  (R.  S.  C.  (Costs)  Sched.,  Attendance 
r.  8)  gives  the  Taxing  Master  powder  to  allow  so  much  for  ^vitnesses 
the  attendance  of  scientific  witnesses  at  the  trial  as  shall  -J^.tj^'^ 
appear  to  him  to  be  "just  and  reasonable  "  {Turnhidl  v. 
Jaiison,  3  C.  P.  D.  264  ;  26  W.  R.   815 ;  see,  however, 
McLaren  v.  Home,  7  Q.  B.  D.  477  ;  30  W.  R.  85). 

A  reasonable  sum  will  ordinarily  be  allowed  for  a  scientific  Expenses  of 
witness  to  get  up  a  case  for  the  purpose  of  giving  evidence ;  q^aiffyTng 
see  Smith  v.  Buller,  19  Eq.  473  ;  23  W.  R.  332  ;  31  L.  T. 
473,  where  seven  guineas  a  day  were  allowed  to  a  scientific 
witness  for  reading  up  a  case  ;  ChuTton  v.  Freiven,  1 5  W. 
R.  559 ;  W.  N.  (1867),  101  ;  Dul^e  of  Beaufort  v.  Lord 
Ashlmniham,  13  C.  B.  N.  S.  598 ;  11  W.  R.  267  ;  32  L. 
J.  C.  P.  97 ;  7  L.  T.  710,  where  charges  of  an  expert  for 
searching  for  and  translating  ancient  records  and  docu- 
ments, previously  known  to  exist,  were  allowed ;  Iii  re 
Charles  Lajftte  &  Co.,  20  Eq.  650 ;  44  L.  J.  Ch.  633 ;  24 
W.  R.  7  ;  33  L.  T.  91,  where  an  accountant  employed  as  a 
skilled  witness  to  give  evidence  in  support  of  a  claim 
though  entitled  to  a  reasonable  allowance  (five  guineas  a 
day  for  himself  and  two  and  a  half  guineas  a  day  for  a 
clerk)  for  his  time  and  expenses  in  preparing  his  evidence 
by  examination  of  the  books,  was  held  not  entitled  upon 
party  and  party  taxation  to  his  charges  for  balancing  and 
putting  the  books  into  shape  for  the  purpose  of  supporting 


488        DELIVERY   AND    TAXATION    OF   BILLS    OF   COSTS. 

the  claim  ;  Batlcy  v.  KynocJx,  20  Eq.  632  ;  but  great  care 
is  necessary  in  dealing  witb  such  charges  in  party  costs 
(Batlcy  V.  Kynoch).  See  also  Murphy  v.  I^olan,  I.  R.  7 
Eq.  598.  The  same  practice  in  this  respect  now  prevails 
in  the  Queen's  Bench  Division  (MacJdeyy.  ChiU Ingworth, 
2  C.  P.  D.  273  ;  46  L.  J.  C.  P.  484 ;  25  W.  R.  650  ;  36 
L.  T.  514  ;  Turnhull  v.  Janson,  3  C.  P.  D.  264  ;  26  W. 
R.  815),  that  is  to  say,  a  reasonable  sum  will  be  allowed; 
and  the  Taxing  Master  must  exercise  his  discretion  in  each 
case  as  to  what  will  be  a  reasonable  allowance  under  the 
circumstances.  In  Stanger  Leathcs  v.  Stcmger  Lcathen,  AY. 
N.  (1879),  86,  the  Court  would  not  allow  the  costs  of  more 
than  three  experts  to  prove  a  county  custom. 

The  15th  &  16th  Yict.  c.  80,  s.  43,  provides  that  the 
fees  to  conveyancing  counsel,  accountants,  merchants, 
engineers,  actuaries,  and  other  scientific  persons,  employed 
to  assist  the  Court  under  sections  40,  41,  and  42  of  the  same 
Act,  are  to  be  regulated  by  the  Taxing  Master,  subject 
to  an  appeal  to  the  Judge  to  whom  the  cause  is  attached, 
whose  decision  is  to  be  final.  See  Meymott  v.  Mcymott 
(No.  2),  33  Beav.  590,  where  an  accountant  was  emploj^ed, 
and  the  Court  adopted  the  scale  of  charges  allowed  by 
the  Gen.  Ord.  in  bankruptcy. 
Costs  of  The  expenses  of  sending  a  barrister  as  commissioner  to 

examine   witnesses  abroad  may  be  allowed  in  a  proper 
case  ( Yglesias  v.  Royal  Exchange  Corporation,  L.  R.  5 
C.  P.  141).     In  Potter  v.  Rcmhin,  L.  R.  4  C.  P.  76,  the 
expenses  incurred  in  legal  assistance  to  commissioners  in 
Calcutta   in   examining   witnesses   viva   voce,   were   dis- 
allowed by  the  Master,  and  the  Court   declined  to  inter- 
fere   Avith   his   discretion ;   but   see   Mann   v,    Harhord, 
L.  R.  5  Ex.   17  ;  39  L.  J.  Ex.   27  ;  21  L.  T.  641,  where 
the  costs  of  a  letter  of  instructions  to  the   commissioners 
were  allowed. 
Costs  in  a        The  costs  incurred  in  a  colony  under  a  commission  to 
colony         examine  witnesses  must  be  taxed  in  this  country  upon 
taxed  here,  the  scale  that  would  be  allowed  in  the  colony  ;  and  if  tlie 


commission 
abroad. 


TAXATION   OF   PAliTICULAR  MATTERS.  489 

Taxing  Master  feel  any  difficulty,  he  should  refer  to  the 
colony  for  information  {Wentivorth  v.  Lloyd,  34  L.  J.  Ch. 
81  ;  13  W.  R.  486 ;  12  L.  T.  220). 

By  R.  S.  C.  (Costs)  Sched.  r.  13,  such  costs  of  procur-  Fees  to 
ing  the  advice  of  counsel  on  the  pleadings,  evidence,  and 
proceedings  in  any  cause  or  matter  as  the  Taxing  Officer 
shall,  in  his  discretion,  think  just  and  reasonable,  and  of 
procuring  counsel  to  settle  such  pleadings  and  special 
affidavits  as  the  Taxing  Officer  shall,  in  his  discretion, 
think  proper  to  be  settled  by  counsel,  are  to  be  allowed  ; 
but  as  to  affidavits,  a  separate  fee  is  not  to  be  allowed  for 
each  affidavit,  but  one  fee  for  all  the  affidavits  proper  to 
be  so  settled,  which  are  or  ought  to  be  filed  at  the  same 
time. 

This  rule  supersedes  Cons.  Ord.  XL.  r.  17  ;  the  fees  for  are  in  the 
counsel  settHng  affidavits  are  generally  allowed  ;  seeJDaries  of  the 
V.  Marshall  (No.  2),  1  Dr.  &  Sm.  564.     Fees  to  counsel  taxing 

,  .  .  .  .  ,      .        Master. 

are  almost  invariably  left  to  the  discretion   of  the  Taxing 

Master  {Attorney-General  v.  Lord  Carrington,  6  Beav. 
454;  Parkinson  Y.  Hanbury,  IS  W.  R.  1056;  11  Jur. 
N.  S.  475  ;  12  L.  T.  624  ;  Smith  v.  Daaiell,  34  L.  T.  899 ; 
Stanton  v.  Baring,  W.  N.  (1875),  188) ;  including  the 
conveyancing  counsel  of  the  Court  {Rumsey  v.  Riimsey,  21 
Beav.  40);  see  also  r.  29,  R.  S.  C.  (Costs)  Sched.,  ante,  p.  468. 
The  Court,  in  fact,  will  not  interfere  unless  a  gross  mis- 
take has  been  made  (Broivn  v.  Sev:eU,  16  Ch.  D.  517  ;  29 
W.  R.  295 ;  Hargreaves  v.  Scott,  4  C.  P.  D.  21  ;  27  W.  R. 
323;  40  L.  T.  35;  Kidstone  v.  Empire  Insurance  Co.,  16 
L.  T.  286). 

The  rule  as  to  allowing  more  than  one  counsel  is  pro-  Costs 
vided  for  by  the  20tli  rule  of  the  40th  Cons.  Ord.,  which  ''UlL. 
directs  that,  where  two  counsel  appear  for  the  same  party 
upon  the  hearing  of  any  cause  or  matter,  and  it  appears 
to  the  Taxing  Master  to  have  been  necessary  or  proper 
for  such  j)arty  to  retain  two  counsel  to  appear,  the  costs 
occasioned  thereby  shall  be  allowed,  although  both  of 
such  counsel  may  have  been  selected  from  the  outer  bar. 


490        DELIVERY   AKD   TAXATION   OF  BILLS   OF   COSTS. 

The  costs  of  two  counsel  appearing  on[an  unopposed  motion 
{Stevens  v.  Lord  Neivhorough,  11  Beav.  403) ;  and  on 
an  unopposed  petition  {Sturge  v.  Dinisdale,  9  Beav.  170), 
have  been  allowed  on  taxation  as  between  solicitor  and 
client ;  see,  too,  observations  in  Cooke  v.  Turner,  12  Sini' 
649  ;  Ex  imrte  3Iusgrave,  17  L.  T.  313  ;  but  of  course 
there  were  special  circumstances  in  these  cases.  As  a 
general  rule,  in  the  case  of  unopposed  applications,  only 
the  costs  of  one  counsel  will  be  allowed  ;  see  Friend  v. 
Solly,  10  Beav.  329.  So  in  the  case  of  a  motion  involving 
some  short  or  simple  point  of  practice  {Yearsley  v. 
Yearsley,  19  Beav.  1 ;  and  see  Carglll  v.  Bower,  4  Ch.  D. 
78).  Whether  the  costs  of  two  counsel  retained  on 
behalf  of  parties  having  liberty  to  attend  the  proceedings 
and  being  in  the  same  interest  as  the  plaintiff,  should 
be  allowed  or  not,  is  a  question  for  the  discretion  of  the 
Taxing  Master.  The  mere  fact  of  such  parties  appearing 
by  the  same  solicitor  as  the  plaintiff,  is  not  of  itself  a 
sufficient  reason  for  allowing  them  the  costs  of  a  junior 
only  (Re  Webb's  Estate,  21  W.  R.  745  ;  28  L.  T.  726  ; 
W.  N.  (1873),  127).  The  fee  to  the  junior  counsel  is 
about  two-thirds  of  that  marked  on  the  leader's  brief. 
Reference.  In  taxinsf  the  costs  of  a  reference,  it  is  usual  to  allow 
the  costs  of  one  counsel  only  on  each  side,  but  the  rule  is 
not  inflexible  ;  see  Sinclair  v.  Great  Eastern  By.  Co.> 
L.  R  5  C.  P.  135. 

On  taxation,  as  between  party  and  party,  the  costs  of 
two  junior  counsel  employed  to  settle  a  defendant's  answer 
were  disallowed  {Davis  v.  Earl  of  Dysart,  21  Beav.  124  ; 
25  L.  J.  Oh.  122  ;  on  appeal,  8  De  G.  M.  &  G.  83  ;  25  L. 
J.  Ch.  322).  But  in  another  case  it  was  held  that  under 
an  order  for  taxation  of  costs  as  between  solicitor  and 
client,  the  costs  of  a  consultation  between  the  junior 
counsel  and  a  Queen's  Counsel  as  to  the  frame  of  a  bill  in 
equity  were  properly  allowed,  without  reference  to  the 
result  of  the  suit,  or  the  fact  whether  or  not  the  advice  of 
the  Queen's  Counsel  was  acted  upon  {Forster  v.  Davies,  32 


TAXATION    OF   PARTICULAR   MATTERS.  491 

Beav.  624! ;  9  Jur.  N.  S.  741  ;  11  W.  R  813  ;  2  N.  R  350 ; 

see,  too,  Lucas  v.  Peacock,  8  Beav.  1).     The  costs  of  a 

second   counsel   attending   the   examination  of  witnesses 

before  an  examiner  were  refused  in  Hallows  v.  Fevnic,  IG 

W.  R  175. 

It  does  not  follow  from  tlie  20tli  rule  of  the  40th  Consoli-  Costs  of 

dated  Order  that  the  costs  of  a  third  counsel  will  never  he  ™°'^'^*'i'^" 

two  coua- 

allowed.  On  the  contrary,  such  costs  may  jDroperly  be  sel. 
allowed  where  there  is  a  great  deal  of  evidence,  or  the  pro- 
ceedings are  voluminous,  or  the  question  to  be  decided  is 
a  nice  and  difficult  one ;  i^er  V.  C.  of  England,  in  Wastell 
V.  Leslie,  12  Sim.  84,  87,  where  the  taxation  was  as  be- 
tween solicitor  and  client ;  see,  too,  Nichols  v.  Haslam,  15 
Sim.  49,  and  Sharp  v.  Ashley,  12  M.  &  W.  732.  As  a 
general  rule,  however,  on  a  taxation  as  behveen  party  and 
2Kirty,  very  [special  circumstances  are  necessary  to  justify 
the  allowance  of  a  third  counsel  (Att-Gen.  v.  Munro, 

1  Mac.  &  G.  213  ;  Smith  v.  Earl  of  Effingham,  10  Beav. 
378).  "  Before  the  costs  of  three  are  allowed,  it  should,  in 
each  case,  be  clearly  shown  to  have  been  essentially  neces- 
sary, for  the  purpose  of  doing  justice  between  the  parties 
at  the  hearing  of  the  case,  that  three  counsel  should  be 
employed  ; "  _2)e7'  Turner,  L. J.,  in  Fearce  v.  Lindsay,  1 
De  G.  F.  &  J.,  577.  And  even  in  the  case  of  a  taxa- 
tion as  between  solicitor  and  client,  the  general  rule  is 
that  the  costs  of  only  two  counsel  will  be  allowed  {Friendj 
v.  Solly,  10  Beav.  329  ;  Downing  College  Case,  3  M.  & 
Cr.  474). 

In   the   following  cases  the  costs   of    a   third   counsel  Costs 
were  allowed  on  taxation  as  between  party  and  party  : —  coims"f 
Fearce  v.  Lindsay,  Johns.  705  n.,  1  De  G.  F.  &  J.  573,  on  allowed : 
the  hearing  of  a  very  heavy  appeal ;  KirHuood  v.  Webster, 
9  Ch.  D.  239  ;  47  L.  J.  Ch.  880  ;  2G  W.  R.  812,  where  the 
questions  of  fact  and  the  questions  of  character  involved 
were  of  a  very  complicated  nature  ;   Wentivorth  v.  Lloyd, 

2  Eq.  607  ;  14  L.  T.  751,  where  the  hearing  occupied  six 
days,  and  the  bill,  answers,  and  evidence  contained  up- 


492        DELIVERY   AND    TAXATION   OF   BILLS    OF   COSTS. 

wards  of  G,000  folios ;  Be  diaries  Laffitte  c£-  Co.,  20  Eq. 
650 ;  44  L.  J.  Ch.  633  ;  24  W.  R.  7  ;  33  L.  T.  91,  a  very 
long  and  complicated  case ;  i\\  E.  Ry.  Go.  v.  Jackson, 
22  W.  R.  629,  ■where  the  costs  of  a  second  junior  were 
allowed  •  Robb  v.  Connor,  Ir.  R.  9  Eq.  373,  though  only 
two  counsel  could  be  heard ;  Millard  v.  Burroughes,  W. 
N.  (1880),  4,  where  there  were  a  great  many  witnesses  ; 
Femvick  v.  Beghie,  6  Ch.  869,  a  case  of  great  complexity. 

clisallo^yed.  They  were  disallowed  in  Smith  v.  Buller,  19  Eq.  473  ; 
45  L.  J.  Ch.  69 ;  23  W.  R.  332 ;  31  L.  T.  873  ;  Midland 
Ry.  Co.  v.  Broimi,  10  Ha.  App.  xliv. ;  Haslam  v.  O'Con- 
nor, Ir.  R.  6  Eq.  615  ;  Mason  v.  Brcntini,  42  L.  T.  726, 
where,  after  a  motion  for  an  injunction  before  V.  C. 
Malins,  the  action  was  transferred  to  Fry,  J. ;  Wegmann 
v.  Corcoran,  41  L.  T.  792,  where  the  third  counsel  had 

Where        been  retained  for  the  hearing  of  an  appeal.     In  Carter  v. 

junior         Barnard,  16  Sim.  157,  where  the  counsel  who  had  drawn 

called  ' 

witiiin  tiie  the  pleadings  had  been  called  within  the  bar  before  tlie 
the  hear-'^  hearing,  the  costs  of  a  third  counsel  were  allow^ed.  And 
i"S-  this  rule  was  followed  in  Horsley  v.  Cox,  7  Eq.  464  ;   and 

see  Cousens  v.  Couscns,  7  Ch.  48  ;  41  L.  J.  Ch.  166  ;  20 
W.  R.  48  ;  25  L.  T.  719.  But  in  Green  v.  Briggs,  7  Hare, 
279,  the  costs  of  two  counsel  only  were  allowed;  and  see 
Lucas  V.  Peacock,  8  Beav.  ].  In  Belts  v.  Cleaver,  7  Ch. 
513  ;  41  L.  J.  Ch.  613  ;  20  W.  R.  732  ;  27  L.  T.  85,  the 
Court  considered  that  they  had  gone  too  far  in  Cousens  v. 
Cousens,  and  they  accordingly  held  that  where  a  leader 
has  been  employed  in  a  suit  but  not  retained,  the  costs  of 
employing  him  as  third  counsel  at  the  hearing  could  not 
be  allowed  as  between  party  and  party,  although  the 
junior  counsel,  who  drew  the  pleadings,  had  been  called 
within  the  bar.  And  the  rule  has  since  been  laid  down 
that  the  mere  fact  of  a  junior  having  been  appointed  a 
Queen's  Counsel  is  not  a  sufficient  reason  for  allowing  the 
costs  of  three  counsel  {Meviorandum,  per  James,  L.J.,  10 
Ch.  540  ;  and  see  Framce  v.  Carver,  W.  N.  (1875),  171). 
See,  however,  Rayment  v.  Dinihlehy,  W.  N.   (1877),  67. 


TAXATION  OF  PARTICULAR  MATTERS.        493 

An  arrangement  by  which  the  leading  counsel  of  one  of  the 
defendants  has  been  transferred  to  the  co-defendants  to 
argue  the  case  for  them  as  their  leading  counsel,  does  not 
justify  the  allowance  of  three  counsel  on  party  and  party 
taxation,  although  the  defendants  only  employed  four 
counsel  between  them  {Merchant  Banking  Co.  v.  Maud, 
20  Eq.  452  ;  44  L.  J.  Ch.  581  ;  23  W.  E.  788). 

The  costs  of  a  third  counsel  belonging  to  the  common 
law  bar  were  allowed  in  Betts  v.  Gilford,  1  J.  &  H.  74, 
and  Stanton  v.  Baring,  W.  N.  (1875),  188;  and  disallowed 
in  FlocJdon  v.  Feake,  4  N.  R.  456 ;  12  W.  R.  1203. 

The  costs  of  a  brief  to  the  Attorney-General  on  the 
hearing  of  an  information  will  be  allowed  in  addition  to 
the  costs  of  two  other  counsel  {Attorney-General  v. 
Drapers'  Gom'parnj,  4  Beav.  305). 

There  is  no  rule  which,  on  the  taxation  of  costs  as  Further 
between  party  and  party,  forbids  the  allowance  of  a  fur-  ' 
ther  fee  to  counsel  on  the  occasion  of  delivering  a  furtlier 
brief,  although  such  further  brief  contains  no  new  matter, 
but  only  a  new  arrangement  in  a  more  compendious  form 
of  matter  which  was  in  the  first  brief;  see  Wakefield  v. 
Broivn,  L.  R.  .9  C.  P.  410 ;  43  L.  J.  C.  P.  222  ;  30  L.  T.  428. 

On  an  appeal  the  general  rule  is  that  the  same  fees  Fees  on 
will  be  allowed  as  were  allowed  in  the  Court  below ;  see  '^pp^^'- 
Wegmann  v.  Corcoran,  41  L.  T.  792.  But  where  a  noAv 
leader  had  to  be  retained,  and  the  Taxing  Master  in  Lis 
discretion  allowed  larger  fees  than  were  given  in  the 
Court  below,  the  Court  declined  to  interfere  {Broivn  v. 
Seivell,  IG  Ch.  D.  517;  29  W.  R.  295). 

AVhere  a  Chancery  action  is  tried  on  oral  evidence,  rc~  Txefreshers. 
freshers  to  counsel  will  be  allowed  for  every  day  occupied 
by  a  trial  beyond  one  day's  time  (six  hours)  ;  where  the 
action  is  tried  on  affidavit  evidence  no  refreshers  should 
be  allowed.  The  amount  of  the  refreshers  is  in  the  discre- 
tion of  the  Taxing  Master,  and  depends  on  the  fee 
originally  marked  on  the  brief  and  the  nature  of  the  case 
(Harrison  v.  Wearing  (M.  R.),  11  Ch.  D.  206;  48  L.  J. 


494        DELIVERY   AND    TAXATION   OF    BILLS    OF   COSTS. 

Ch.  305  ;  27  W.  R  526  ;  41  L.  T.  376  ;  Broivn  v.  Seuell, 
(C.  A.),  16  Ch.  D.  517  ;  29  W.  R  295).  See  also  Hill  v. 
Hihhit,  14  Eq.  221 ;  The  Neera,  5  P.  D.  118 ;  28  W.  R. 
816;  42  L.  T.  743;  Stanton  v.  Barinrj,  W.  N.  (1875), 
188.  In  Smith  v.  Buller,  19  Eq.  473,  followed  in  Smith 
V.  Daniell,  34  L.  T,  899,  the  criterion  for  allowing  re- 
freshers was  said  to  be  the  length  of  time  the  trial  occu- 
pied, irrespective  of  the  mode  in  which  the  evidence  was 
taken  ;  but  the  practice  is  now  settled  as  above  stated. 
Where  the  case  may  be  called  on,  refreshers  are  allowable; 
but  not  where  the  case  has  been  ordered  to  stand  over  to 
await  the  decision  of  another  case,  and  so  cannot  possibly 
come  on ;  see  Hughes  v.  Birl'enhead  Commissioners, 
16  L.  T.  350.  Kefreshers  were  formerly  not  allowed  in 
the  Common  Pleas  {Laurie  v.  Wilson,  L.  R  10  C.  P.  152  ; 
44  L.  J.  C.  P.  87 ;  23  W.  R  139  ;  31  L.  T.  688). 
Retaining  The  couimon  retaining  fee  to  counsel  will  not  be 
^^^'  allowed  on  a  taxation  as  between  party  and  party  (Green 

V.  Briggs,  7  Hare,  279),  nor  a  special  retaining  fee  (Smith 
V.  Ea)i  of  Effingliam,  10  Beav.  378  ;  Undericood  v.  Secre- 
tary of  State  in  Council,  W.  N.  (1868),  136)  ;  but  see 
contra,  Nichols  v,  Haslam,  15  Sim.  49,  where  a  special 
retaining  fee  to  the  Attorney-General,  who  did  not  usually 
practise  in  the  Court  of  Chancery,  was  allowed,  although 
there  were  no  special  circumstances  in  the  case  which 
rendered  the  employment  of  the  Attornej-General  neces- 
sary. Counsel's  fees  on  brief  to  fix  a  day  for  the  hearing, 
were  allowed  on  a  taxation  as  between  party  and  party 
(Clark  v.  Malpas,  31  Beav.  554;  1  N.  R.  221 ;  11  AV.  P. 
251).  In  the  Probate  Division  retainers  for  both  leading 
and  junior  counsel  are  allowed  (The  Neera,  5  P.  D.  118  ; 
42  L.  T.  743  ;  28  W.  R  816 ;  48  L.  J.  P.  D.  &  A.  69). 

■p  The  charge  to  be  allowed  for  counsel's  fees  for  cross-ex- 

lees  ou  o 

cross-ex-  aminatiou,  whether  before  the  public  or  a  special  examiner, 
will  generally  be  five  guineas  a  day  for  every  day  after 
the  first,  for  which  a  larger  fee  may  be  allowed  in  heavy 
cases ;  where  the  case  is  long  and  complicated,  as  much 


amination. 


tions. 


TAXATION   OF   rARTICULAK    MATTERS.  495 

as  seven  guineas  a  day  may  he  allowed  for  the  subsequent 
days  (Smith  v.  Buller,  19  E-i.  473  ;  45  L.  J.  Cli.  69  ;  31 
L.  T.  873). 

The  costs  of  employing  counsel  on  a  foreign  commission  Foreign 
Avill  only  be  allowed  under  special  circumstances ;  the  fact  s°ou""^' 
that  the  other  side  employed  counsel  is  not  of  itself  suffi- 
cient (Zecocc^  v.  aS'.  E.  By.  Co.,  14  W.  R.  649;  14  L.  T. 
402;  W.  N.  (1866),  158). 

In  the  absence  of  sufficient  reason  only  one  consultation  Fees  on 
fee  ought  to  be  allowed  on  taxation  as  between  party  and  "'"^"'^''^' 
party  (Smith  v.  E(ni  of  Efftngham,  10  Beav.  378).  In 
Lucas  V.  Peacock,  8  Beay.  1,  the  costs  of  a  consultation 
between  a  new  and  a  former  junior  who  had  been  pro- 
moted were  allowed  on  a  taxation  as  between  solicitor  and 
client;  but  see  Davis  v.  Earl  of  Dijsart,  21  Beav.  124; 
25  L.  J.  Ch.  122  ;  8  De  G.  M.  &  G.  33  ;  25  L.  J.  Ch.  322, 
where  the  taxation  was  between  party  and  party.  In 
Smith  V.  Bahcr,  28  L.  T.  669,  a  case  at  law,  the  Master 
disallowed  the  consultation  fees,  and  the  Court  declined 
to  interfere.  In  Wegmann  v.  Corcoran, 4^1  L.  T.  792,  the 
fees  paid  on  a  second  consultation  held  pending  the  hear- 
ing of  an  appeal  were  disallowed.  Where  no  fee  is  paid 
to  counsel  on  a  consultation,  no  charge  can  be  allowed  to 
the  solicitor  for  his  attendance  (Be  Catlin,  18  Beav.  516  ; 
and  see  Wyman  v.  Bochett,  W.  N.  (1866),  318).  See  fur- 
ther as  to  consultations,  Hill  v.  Peel,  L.  R.  5  C.  P.  172  ; 
ThUettw.  Stracey,  ih.,  185. 

Where  a  demurrer  was  allowed  with  costs,  the  costs  of 
the  solicitor's  conferences  with  counsel  to  advise  as  to  de- 
murring were  allowed  (Ernest  v.  Partridge,  2  N.  R.  232  ; 
11  W.  R.  715).  If  a  conference  has  been  charged  for,  the 
Master  is  bound,  it  seems,  to  allow  it ;  but  he  may  dis- 
allow a  second  conference  on  the  same  point,  unless  it  has 
been  held  at  the  request  of  counsel  (Be  Braund,  39  L.  J. 
Ch.  384). 

The  costs  of  drawing  observations  for  counsel  where  the  Costs  of 
cause  stood  over,  were  allowed  in  Davies  v.  Marshall  (No.  tk^T"^* 


496        DELIVERY   AND    TAXATION   OF   BILLS    OF   COSTS. 

2),  1  Drew.  &  Sm.  564.  But  in  another  case,  Ernest  v. 
Partridge,  2  N.  R  232  ;  11  W.  R.  715,  cited  above,  the 
costs  of  preparing  such  observations,  which  included 
marginal  notes  and  an  index  to  the  bill,  which  was  very- 
long,  were  disallowed. 

In  Smith  V.  Buller,  19  Eq.  473,  which  was  a  suit  to 
restrain  the  infringement  of  a  patent,  the  costs  of  draw- 
ings of  exhibits  to  be  affixed  to  counsels'  briefs  were  dis- 
allowed, on  the  ground  that  they  were  luxuries  and  not 
necessaries.  But  in  Batley  v.  Kynoch,  20  Eq.  632,  also  a 
patent  suit,  the  Court  considered  the  expense  of  having  a 
model  made  to  be  justifiable.  All  these  were  cases  of 
taxation  as  between  party  and  party. 

Briefs  of  pleadings  prepared  for  counsel  after  publica- 
tion and  before  the  cause  had  been  set  down,  and  which 
became  useless  in  consequence  of  a  compromise  before 
hearinsr,  were  disallowed  on  taxation  as  between  solicitor 
and  client  {Friend  v.  Solhj,  10  Beav.  329  ;  sep,  too,  Ee 
Pender,  10  Beav.  390  ;  Davenport  v.  Stafford,  9  Beav. 
106).  See,  however,  Hughes  v.  Meyrich,  L.  R  5  C.  P. 
407  ;  Haslam  v.  O'Connor,  Ir.  R  6  Eq.  615.  The  costs 
of  an  abstract  of  a  deed  prepared  to  accompany  a  case 
submitted  to  counsel  {Re  Pender),  and  of  a  copy  of  cor- 
respondence furnished  to  counsel  as  instructions  for  a  bill, 
and  partially  inserted  therein,  were  disallowed  {Stevens 
V.  Lord  Newhoroiigh,  10  Beav.  403).  The  costs  of  copies 
of  pleadings  for  the  use  of  counsel  and  judges  on  an 
interlocutory  application  will  be  allowed  if  the  copies  are 
really  necessary  ;  see  Warner  v.  Mosses,  19  Ch.  D.  72, 
where  the  Court  of  Appeal  had  ordered  part  of  an 
affidavit  to  be  expunged  as  scandalous,  with  costs  as 
between  solicitor  and  client. 
Costs  of  "  As  to  counsel  attending  at  Judges'  Chambers  no  costs 

counsel       thereof  shall   in  any  case  be  allowed,  unless  the  Judge 

fititiGnQiiig 

at  Cbam-     certifies  it  to  be  a  proper  case  for  counsel  to  attend " 

^"■'-  (R  S.  C.  (Costs)  Sched.,  r.  14).     See  ante,  p.  138. 

Costs  of  Where,  in  pursuance  of  any  direction  by  the  Court  or 


TAXATION  OF  PARTICULAR  MATTERS.       497 

a  Judge  in  Chambers,  drafts  are  settled  by  any  of  the  con-  convey- 
veyancing  counsel  of  the  Court,  the  expense  of  procuring  co°n"fi 
such  drafts  to  be  previously  or  subsequently  settled  by 
other  counsel  on  behalf  of  the  same  parties  on  whose 
behalf  such  drafts  are  settled  by  the  conveyancing  counsel 
of  the  Court,  shall  not  be  allowed  on  taxation  as  between 
party  and  party,  or  as  between  solicitor  and  client,  unless 
the  Court  or  the  Judge  in  Chambers  shall  otherwise  direct 
(Cons.  Ord.  XL.  r.  30).  See  before  the  rule.  Re  Jones' 
Settled  Estates,  4  Jur.  N.  S.  887  ;  G  W.  R  762  ;  Nicholson 
V.  Jeyes,  1  Sm.  &  G.  app.  xiii. 

Fees  to  counsels'  clerks  are  mere  frratuities,  for  Avhich  Counsels' 

clerks' 

they  have  no  legal  demand  {Ex  parte  Cotton,  9  Beav.  107).  fees. 
The  sum  allowed  on  taxation  for  such  fees  does  not  limit 
the  sum  which  may  be  spontaneously  given  ;  but  it  docs 
limit  the  sum  which  the  solicitor  can  safely  pay  without 
special  directions  (ibid.). 

The  costs  of  employing  an  interpreter  to  prepare  the  Inter-' 
answer  of  a  foreign  defendant  were  allowed  on  taxation  as  ^'^^  ^^' 
between  party  and  party  (Earl  of  Shrewsbury  v.  Trappes, 
10  W.  R.  66.3) ;  but  not  the  hotel  and  travelling  charges 
occasioned  by  bringing  him  to  town  (ibid.). 

In  the  absence  of  any  special  agreement  with  an  ac-  Account- 
countant,  the  Court  will,  on  taxation,  adopt  the  scale  of 
charges  fixed  for  accountants  and  their  clerks  by  the  general 
order  in  bankruptcy  (Meymott  v.  Meymott,  33  Beav.  590 ; 
4  N.  R.  390  ;  12  W.  R.  996  ;  see  W.  N.  (1870)  Pt.  ii.  43). 

As  to  auctioneers'  costs  and  charges,  see  Re  Page  (No.  Auctiou- 
3),  32  Beav.  487.  '^''• 

The  costs  of  shorthand  notes  of  the  evidence  and  pro-  Costs  of 
ceedings,  including  both  the  sum  paid  to  the  shorthand  ^0°^^'^''^"'^ 
writer  and  the  costs  of  copies,  will  not  be  allowed  on 
taxation  without  a  special  direction  from  the  Judge  at  the 
time  of  giving  judgment  (Ashiuorth  v.  Outrami,  9  Ch,  D. 
483 ;  27  W.  R.  98 ;  39  L.  T.  441  ;  Kirkwood  v.  Webster, 
9  Ch.  D.  239  ;  26  W.  R.  812  ;  47  L.  J.  Ch.  880  ;  Wells  v. 
Mitcham  Gas  Co.,  4  Ex.  D.  1  ;  48  L.  J.  Ex.  75 ;  27  W.  R, 

K   K 


498        DELIVERY   AND    TAXATION   OF   BILLS   OF   COSTS, 

112  ;  39  L.  T.  667  ;  and  see  also  Smith  v.  Earl  of  Effing- 
ham, 10  Beav.  378  ;  FlocUon  v.  Peahe,  4  N.  R  456  ;  12 
W.  E.  1023.)  Where,  however,  shortliand  notes  of  evi- 
dence are  essential  to  the  proper  hearing  of  the  case,  the 
costs  of  such  notes  will  be  allowed  {Lee  Conservancy  Board 
V.  Button,  12  Ch.  D.  383  ;  41  L.  T.  500;  Clarh  v.  Malpas, 
31  Beav.  554;  1  N.  R  221 ;  11  W.  R  251  ;  and  see  Re 
London  and  Birmingham  By.  Co.,  6  W.  R  141 ;  Malins 
v.  Price,  1  Ph.  590  ;  Tidnherrow  v.  Braid,  W.  N.  (1878) 
169.)  In  Thorley's  Cattle  Food  Co.  v.  Massam,  41  L.  T. 
543,  the  Court  declined  to  give  the  successful  plaintiff  the 
costs  of  the  shorthand  writer's  notes  of  the  proceedings, 
which  had  been  taken  by  each  side,  as  the  Court  had  not 
I'equired  them  for  its  own  use.  The  Court  of  Appeal,  of 
course,  has  power  to  allow  the  costs  of  all  shorthand  notes 
properly  used  in  the  appeal,  whether  taken  for  the  pur- 
poses of  the  appeal  or  not ;  but  an  application  to  be 
allowed  such  costs  should  be  made  when  judgment  is 
delivered  (Hill  v.  Metropolitan  Asylums  Board,  49  L.  J. 
Q.  B.  668  ;  28  W.  R  664  ;  W.  N.  (1880)  98).  In  Crcnv-  ' 
ford  V.  Hornsea  Brick  Co.,  W.  N.  (1876)  215,  an  order 
allowing  the  costs  of  shorthand  notes  was  made  at  Cham- 
bers by  V.  C.  Malins.  As  a  general  rule,  however,  the 
costs  of  shorthand  notes  of  evidence  in  the  Court  below 
will  not  be  allowed  ;  the  Judge's  notes  of  the  evidence, 
supplemented  by  those  of  counsel,  ought  in  all  ordinary 
cases  to  be  sufficient  for  the  purposes  of  the  appeal  {Kelly 
V.  Byles,  13  Ch.  D.  682  ;  28  W.  R  585  ;  42  L.  T.  338  ;  49 
L.  J.  Ch.  181  ;  Ln  re  Duchess  of  Westminster  Co.,  10  Ch. 
D.  307  ;  27  W.  K.  539  ;  40  L.  T.  300 ;  Vernon  v.  Vestry  of 
St.  James,  Westminster,  16  Ch.  D.  449,  473  ;  50  L.  J.  Cli. 
81 ;  44  L.  T.  229;  Earl  de  la  Warr  v.  3Hles,  19  Ch.  D. 
80;  30  W.  R  35  ;  W.  N.  (1881)  140.)  Where  the  vivd 
voce  evidence  was  voluminous  and  the  appeal  could  not 
liave  been  properly  argued  without  referring  to  all  parts  of 
it,  the  costs  of  printing  and  transcribing,  but  not  the  costs 
of  taking,  the  notes,  were  allowed  {Bigshy  v.  Dickinson, 


TAXATION  OF  PARTICULAR  MATTERS.       499 

4  Ch.  D.  24 ;  46  L.  J.  Cli.  280  ;  25  W.  R.  89,  122  ;  35  L.  T. 

679) ;  and  see  OrrEivingd-  Co.  v.  Johnston  d-  Co.,  13  Cli. 

D.  465.   In  Ex  ixtvte  Saiui/er,  In  re  Boivden,  1  Ch.  D.  Q^d^^^^^-iZ/^ycJuulu^^'A 

the  charge  for  a  copy  of  a  shorthand  writer's  notes  of  the   ^^^^  ^-^f 

proceedings  in  a  County  Court  was  allowed  as  part  of  the 

costs  of  an  appeal  to  the  Chief  Judge;  see  also  Watson  v. 

Great  Western  Ry.  Co.,  6  Q.  B.  D.  163 ;  50  L.  J.  C.  P.  302 ; 

in  Re  Alhazette,  Ex  parte  Smith,  8  Ch.  D.  599.     In  Re 

Beetlestone,  W.  N.  (1876)  1  (C.  A.),  which  was  heard  in 

private,  the  costs  of  shorthand  notes  o^  vivd  voce  evidence 

were  ordered  to  be  paid  out  of  the  estate. 

When  the  Court  of  AjDjDeal  makes  use  of  shorthand  Shorthand 
notes  of  the  jadgment  below  it  allows  the  costs  of  the  i„,io-meiit 
notes  {Collyer  v.  Isaacs,  45  L.  T.  567). 

In  Marcus  v.  General  Steam  Navigation  Co.,  35  L.  T. 
353,  it  was  held  that  the  costs  of  shorthand  notes  were  in 
the  Master's  discretion,'  and  that  the  Court  would  not 
interfere,  except  in  cases  of  gross  abuse.  The  costs  of  a 
shorthand  writer's  notes  of  the  argument  will  never,  it 
seems,  be  allowed  {Re  London  and  Birmingham  Ry.  Co., 
6  W.  R  141).  In  Wcgrnann  v.  Corcoran,  41  L.  T.  592, 
the  costs  of  copies  of  the  transcript  of  the  notes  of  the 
judgment  below,  furnished  to  the  defendant's  counsel,  were 
allowed. 

As  to  surveyors'  charges,  see  Attorney-Genercd  v.  Surveyors. 
Drapers  Co.,  9  Eq.  69,  where  a  sum  of  ^£73  was  allowed, 
being  the  amount  of  commission  on  purchase  money  paid 
into  Court  calculated  according  to  "  Hyde's  Scale,"  which 
is  a  scale  prepared  by  an  eminent  surveyor,  the  commission 
varying  from  five  to  one-half  per  cent.,  according  to  the 
amount  of  the  purchase  money. 

The  expense  of  employing  nautical  assessors  in  Admiralty  Assessors. 
Appeals,  under  s.  56   of  the  Judicature  Act,   1873,  is  re- 
coverable as  part  of  the  costs  to  be  paid  by  the  unsuc- 
cessful party  {The  DunMd,  W.  N.  (1876)  66). 

It  has  been  held  that  an  objection  to  allowance  of  profit 
costs  to  mortgagees  acting  as  their  own  solicitors  in  a  re- 

K   K   2 


'/la  eA    366, 


500        DELIVERY    AND    TAXATION    OF    BILLS    OF    COSTS. 

demption  suit  must  be  taken  at  the  hearing,  and  cannot  be 

entered  into  before  the  Taxing  Master  where  the  decree 

directs  taxation  of  the  mortgagees'  costs  in  the  usual  form 

{VAce  V.  McBeth,  12  W.  R.  818) ;  but  see  ante,  p.  390. 

Copies  and       As  to  copies,  See  generally  K  S.  C  (Costs)  Ord.  V.     By 

of  docu-°'^  r.  5  no  party  entitled  to  be  furnished  with  a  print  will  be 

ments.        allowed  any  charge  in  respect  of  a  written  copy  unless  the 

Court  or  Judge  otherwise  directs. 

If  a  party  or  solicitor  omits  to  furnish  a  Avritten  copy 
when  properly  required  to  do  so,  the  person  applying  may 
procure  a  copy  from  the  office  where  the  original  was  filed, 
and  in  such  case  no  costs  shall  be  due  or  payable  to  the 
solicitor  so  making  default  in  respect  of  the  copy  or  copies 
so  applied  for  (R.  S.-C.  (Costs)  Ord.  V.,  r.  14  ;  Cons.  Ord. 
XXXVI.,  r.  12).  "  The  Taxing  Master  shall  not  allow  any 
costs  in  respect  of  any  copy  so  taken  as  aforesaid,  unless  the 
same  shall  appear  to  him  to  have  been  requisite,  and  to  have 
been  made  with  due  care,  both  as  regards  the  contents  and 
the  writing  thereof"  (Cons.  Ord.  XXXVI.,  r.  13).  By  R. 
S.  C.  (Costs)  Ord.  v.,  r.  1.5,  the  Judge  may  give  special 
directions  as  to  the  expense  of  printing  and  furnishing 
copies. 

As  to  the  costs  of  copies  of  pleadings  on  an  interlocutory 
application,  see  Warner  v.  Mosses,  19  Ch.  D.  72;  if  the 
copies  are  necessary  or  proper  for  the  attainment  of  justice 
they  must  be  allowed. 

Documents   previously   existing    in    print    cannot    be 

charged  for  as  copies  ( Underwood  v.  Secretary  of  State  in 

Council,  16  W.  R.  752,  926  ;  18  L.  T.  351). 

Solicitor  A    soHcitor  concerned  for  two  or  more  parties  is   not 

for  several  ^^^o^^'ed  to  charge  for  supplying  to  himself  copies  of  docu- 

parties.       ments    which    he    has  himself    prepared ;    see    Sharj^  v. 

Wright,  1  Eq.  634  ;  and  see  also  R.  S.   C.  (Costs)  Sched. 

rr.  6  and  7 .     Where  there  is  a  voluminous  correspondence 

which  the  Court  must  read,  the  expense  of  having  copies 

made  by  a  law  stationer  will  be  allowed ;  see  Hayne  v. 

Cavell,  W.  N.  (1875),  141.     In  Re  Beamish's  Trusts,  19 


TAXATION   OF    PARTICULAR    MATTERS.  501 

W.  R.  740,  the  Master  of  the  Rolls  in  Ireland  said,  that 
in  instructing  counsel  to  prepare  pleadings,  &c.,  a  solicitor 
should  only  send  copies  and  not  original  deeds,  and  that 
the  costs  of  such  copies  would  be  allowed  on  taxation,  and 
the  deeds  should  be  briefed  independent  of  such  copies. 
See  further  as  to  the  costs  of  copies,  Millard  v.  Burrowjlies, 
W.  N.  (1880),  4  ;  Murphy  v.  Nolan,  Ir.  R.  7  Eq.  498  ; 
Wyman  v.  BocMt,  W.  N.  (1866),  318.  As  to  defendant's 
costs  of  taking  copies  of  and  perusing  answer  of  co-defen- 
dants, see  Great  Eastern  Ry.  Co.  v.  Norwich  and  Spalding 
Ry.  Co.,  W.  N.  (1881),  92. 

The  costs  of  an  inspection  of  documents  and  the  notice  Inspection 
to  produce,  under  R.  S.  C.  Ord.  XXXI.,  r.  14,  will  not  be  ""l^^^^' 
allowed  when  the  inspection  was  unnecessary  ;  see  R.  S.  C. 
(Costs)  Sched.  r.  15.  A  party  entitled  to  take  copies  or 
extracts  of  documents,  in  the  possession  of  another  party, 
must  pay  the  solicitor  of  the  party  producing  for  such 
copy  or  extract  at  the  rate  of  4d  per  folio  ;  if  the  latter 
refuses  or  neglects  to  supply  such  copies  or  extracts, 
the  solicitor  of  the  party  requiring  the  same  may  make 
them,  and  the  solicitor  for  the  party  producing  will  not  be 
entitled  to  any  fee  in  respect  thereof  (R.  S.  C.  (Costs) 
Sched.  r.  16). 

Where  an  order  is  made  in  an  action  in  the  Chancery 
Division  for  the  production  of  documents  at  the  office  of 
the  producing  party's  solicitor,  that  party,  if  ultimately 
successful  in  the  action,  is  not  entitled,  as  between  party 
and  party,  to  his  solicitor's  costs  of  the  production,  nor  to 
his  own  costs  of  inspecting  the  documents  of  the  other 
party  {Broimi  v.  Seiuell,  16  Ch.  D.  517  ;  29  W.  R.  295  ; 
44  L.  T.  41). 

A  solicitor  is  entitled  to  charge  a  fee  for  every  sittings  Sittings 
in  which  a  proceeding  by  or  affecting  the  party,  other 
than  the  issuing  and  serving  the  writ  of  summons,  takes 
place  XR-  S.  C.  (Costs)  Sched.).  Where  the  only  pro- 
ceeding was  the  laying  before  the  taxing  master  a  copy  of 
the  decree]  and  of  the  bill  for  taxation,  it  was  held  that  a 


502        DELIVERY  AKD   TAXATION   OF  BILLS   OF   COSTS. 


Solicitor 
attending 
examina- 
tion, &c. 


Trarellint 
exioenses. 


Re  Sndl 


term  fee  was   properl}^  chargeable    (Da vies  v.  Marshall 
(No.  2),  1  Drew.  &  Sm.  567). 

The  costs  of  a  London  attorney  attending  the  execu- 
tion of  a  commission  for  examination  of  witnesses  in  the 
country  were,  under  special  circumstances,  allowed  ou  a 
taxation  as  between  party  and  party  {Hoivell  v.  Tyler, 
2  Y.  &  C.  C.  C.  284). 

The  costs  of  the  attendance  of  the  country  solicitor,  as 
well  as  the  town  agent,  at  the  trial  of  a  cause  in  London, 
may  be  allowed,  in  a  proper  case  ;  it  is  a  question  for  the 
taxing  master's  discretion  {Bell  v.  Aitkin,  L.  R  3  C.  P. 
320).  In  Potter  v.  Rankin,  L.  R  4  C.  P.  76,  the  costs 
of  the  attendance  of  a  managing  clerk  in  such  a  case  were 
disallowed.  So  w^ere  the  travelling  expenses  of  a  country 
solicitor  who  came  up  to  attend  the  cross-examination  of 
witnesses  at  the  hearing  {Clark  v.  Malixis,  31  Beav.  554  ; 
1  N.  E.  221).  Where  a  country  solicitor  personally 
attends  an  appeal  instead  of  employing  his  London 
agent,  he  will  be  allowed  the  additional  charges  and 
expenses  thereby  occasioned  {Re  Foster,  Ex  ixnie 
Dickens,  8  Ch.  D.  598) ;  but  see  Ex  ]-)arte  Snow,  Re 
Shenvell,  W.  N.  (1879),  22).  Charges  for  the  attendance 
of  a  solicitor's  clerk,  in  addition  to  the  solicitor  on  cross- 
examination  before  the  examiner,  will  not  be  allowed 
{Smith  V.  Buller,  19  Eq.  473  ;  45  L.  J.  Ch.  69 ;  31  L.  T. 
873). 

A  solicitor  has  no  right  to  make  journeys,  either  in 
England  or  elsewhere,  at  the  expense  of  his  client,  without 
specific  instructions ;  and,  except  under  very  special  cir- 
cumstances, the  costs  of  such  journeys  will  not  be  allowed 
{Re  Siull,  5  Ch.  D.  815  ;  25  W.  R  736  ;  36  L.  T.  534 ; 
Re  Frice,  9  Beav.  234 ;  Also2)  v.  Lord  Oxford,  1  My.  & 
K.  564;  Horlock  v.  Smith,  2  My.  &  Cr.  523;  Crossley  v. 
Farker,  1  J.  k  W.  460  ;  Re  Becan,  20  Beav.  146).  In 
Re  Snell  a  solicitor  had  a  retainer  to  act  generally  for  a 
company,  and  also  a  special  retainer  to  conduct  a  Chancery 
suit  on  their  behalf     Being  employed  by  another  client 


TAXATION   OF   rARTICULAR   MATTERS.  503 

to  go  to  Auieriea,  lie  collected  information  on  Lelialf  of  the 
company  in  furtherance  of  their  suit,  but  without  special 
instructions.  On  his  return  to  England  he  reported  to  the 
company  what  he  had  done,  and  they  made  use  of  the 
information  he  had  obtained.  He  also  took  three  journeys 
to  Paris  to  conduct  negotiations  for  a  compromise  of  the 
suit,  without  instructions  from  the  company,  but  with  the 
knowledge  of  some  of  the  directors.  The  Court  of  Appeal 
held  that,  under  the  special  circumstances  of  the  case, 
he  was  entitled  to  charge  the  company  for  his  professional 
services  in  America,  and  also  for  his  professional  services 
and  expenses  on  his  journeys  to  Paris.  As  to  a  solicitor 
attending  on  a  client  in  the  country,  wdiere  correspondence 
would  have  sufificed,  see  Re  Mortimer,  Ir.  R.  4  Eq.  96  ; 
18  W.  R.  367.  The  travelling  expenses  of  experts  were 
allowed  in  Churton  v.  Frewen,  15  W.  R.  559. 

As  to  agency  correspondence,  in  country  agency  causes  Agency 
and  matters,  if  it  be  shown  to  the  satisfaction  of  the  taxing  ^""ce^^'^' 
officer  that  such  correspondence  has  been  special  and  ex- 
tensive, he  is  to  be  at  liberty  to  make  such  special  allow- 
ance in  respect  thereof  as  in  his  discretion  lie  may  think 
proper  (R.  S.  C.  (Costs)  Sched.,  r.  9). 

Solicitors  are  entitled  to  charge  for  settling  minutes  of  Settling 
orders  though  no  minutes  are  issued  {Gould  v.  Duinmett,  "^^°^'  ^^' 
2  Eq.  609). 

By  s.  41  of  the  Parliamentary  Elections  Act,  1868,  Election 
31  &  32  Vict.,  c.  125,  continued  by  43  Vict.,  c.  18,  s.  4,  i'^*^*^°^'- 
the  costs  of  a  petition  under  the  Act  are  to  be  taxed 
according  to  the  same  principles  as  costs  between  solicitor 
and  client  are  taxed  in  a  suit  in  Chancery ;  see  Hill  v. 
Feel,  L.  R.  5  C.  P.  172;  Hughes  v.  Meijrick,  ib.  407; 
McLaren  v.  Honie,  7  Q.  B.  D.  477 ;  30  W.  R.  85. 


504        DELIVERY   AND    TAXATION   OF   BILLS    OF   COSTS. 


Sect.  VIII. — Costs  of  Taxation. 

rrovislona  By  the  37th  section  of  the  6  &  7  Vict.  c.  78,  it  is 
^i^.^  '^Mr.  enacted  that  in  case  any  such  reference  as  aforesaid  shall 
as  to  costs'  be  made  upon  the  application  of  the  party  chargeable 
of  taxa-       ^^^j^i^  g^^pi^  l^jU^  ^^,  ^jpQ^  ^l^g  application  of  such  attorney 


tion 


or  solicitor,  or  the  executor,  administrator,  or  assignee  of 
such  attorney  or  solicitor,  and  the  party  chargeable  with 
such  bill  shall  attend  upon  such  taxation,  the  costs  of  such 
reference  shall,  except  as  hereinafter  provided  for,  be  paid 
according  to  the  event  of  such  taxation  ;  that  is  to  say,  if 
such  bill  when  taxed  be  less  by  a  sixth  part  than  the  bill 
delivered,  sent,  or  left,  then  such  attorney  or  solicitor,  or 
executor,  administrator  or  assignee  of  such  attorney  or 
solicitor,  shall  pay  such  costs  ;  and  if  such  bill  when 
taxed  shall  not  be  less  by  a  sixth  part  than  the  bill  de- 
livered, sent,  or  left,  then  the  party  chargeable  with  such 
bill,  making  such  application  or  so  attending,  shall  pay 
such  costs  ;  and  every  order  to  be  made  for  such  reference 
as  aforesaid  shall  direct  the  officer  to  whom  such  reference 
shall  be  made  to  tax  such  costs  of  such  reference  to  be  so 
paid  as  aforesaid,  and  to  certify  what,  upon  such  reference, 
shall  be  found  to  be  due  to  or  from  such  attorney  or 
solicitor,  or  executor,  administrator,  or  assignee  of  such 
attorney  or  solicitor,  in  respect  of  such  bill  and  demand, 
and  of  the  costs  of  such  reference,  if  payable  :  Provided 
also,  that  such  officer  shall  in  all  cases  be  at  liberty  to 
certify  specially  any  circumstances  relating  to  such  bill  or 
taxation,  and  the  Court  or  judge  shall  be  at  liberty  to 
make  thereupon  any  such  order  as  such  Court  or  judge 
may  think  right  respecting  the  payment  of  the  costs  of 
such  taxation :  Provided  also,  that  where  such  reference 
as  aforesaid  shall  be  made  when  the  same  is  not  authorised 
to  be  made  except  under  special  circumstances,  as  herein- 
before provided,  then  the  said  Court  or  judge  shall  be  at 
liberty,    if  it  shall  be  thought  fit,  to   give    any  special 


COSTS   OF   TAXATION.  505 

directions  relative  to  the  costs  of  such  reference.  As  to 
costs  of  taxation  before  the  Act,  see  Toghill  v.  Grant,  6 
Beav.  348. 

Since  the  passing  of  this  Act,  it  has  been  held  that  Items  dis- 

,  »  ,..,,.,,  .  ,  allowed  as 

items  struck  out  oi  a  soncitor  s  bill  on  taxation,  as  chaiye-  chargeable 
able  against  another  person,  must  be  taken  into  account  in  against 

.    .  .  /-y        r  -n  another 

determining  the  costs  of  the  taxation  (Re  Clark,  13  Beav.  person 
173  ;  1  De  G.  M.  &  G.  43).     See  the  Taxing  Master's  f^^l^Vc!^'" 
certificate  in  that  case  (13  Beav.  181-3).  count. 

In  determining  the  amount  taken  off,  only  strictly  pro-  Charge.s 
fessional  charges  and  disbursements  ought  to  be  taken  profes-"^ 
into  consideration  [Re  Remnant,  11    Beav.   603).     Thus,  sionai. 
where  the  client  had  in  a  legal  proceeding  become  liable 
to  pay  a  sum  of  money   which  was  paid  by  his   solicitor, 
who,  however,  had  not  acted  for  him  in  the  action,  it  was 
held  that  the  money,  although  properly  included  in  a  cash 
account,  was  not  properly  included  in  the  solicitor's  bill, 
for  the  purpose  of  determining  whether  one-sixth  had  been 
taxed  off  {ibid.',  followed  in  Re  HalgJi,  12  Beav.    307, 
where  the  payment  had  been  made  for  legacy  duty).     This 
case  seems  to  overrule  Re  Bedson,  9  Beav.  5.     See  ob- 
servations of  Lord  Laugdale  on  the  latter  case,  in  12  Beav. 
308,  and  ante,  p.  474. 

In  a  modern  case  it  was  held  that  monies  paid  by  a  Monies 
cUent   to  his  solicitor   for   specific   purposes,  ex.   gr.  for  ^'|^gjj^  j^j. 
counsels'  fees  and  stamps  as   they  were  required,  were  specific 

111-  T    ■        J     1  -n    c  „ purposes. 

properly  included  in  the  solicitor  s  bill,  tor  the  purpose  oi 
calculating  the  one-sixth  on  a  taxation  (Re  Metcalfe,  30 
Beav.  406). 

In  a  case  in  bankruptcy  (ex  ixirte  Barrett,  3  Dea.  &  Where 
Ch.  731)  an  order  had  been  made  for  the  taxation  of^^^g'^'' 
four  several  bills  of  a  solicitor  for  various  businesses  done 
for  the  same  assignee,  under  which  more  than  a  sixth  part 
was  taken  off'  the  gross  amount  of  the  four  bills,  but  not 
off  the  amount  of  every  one  of  the  bills.  It  was  held 
that  as  all  the  bills  were  incurred  by  the  same  person  in 
the  same  right,  there  was  no  need  of  a  separate  order  of 


506        DELIVEEY  AND   TAXATION   OF   BILLS   OF   COSTS. 

taxation  for  each  bill,  and  that,  as  more  than  a  sixth  was 
taken  off  from  the  whole  amoimt,  the  solicitor  must  pay 
the  costs  of  taxation. 

In  a  case  at  law  {Beardsall  v.  Cheetham,  31  L.  T,  (0.  S.) 
115,  reported  on  another  point,  E.  B.  &  E.  243)  four 
separate  bills  for  four  distinct  matters  had  been  delivered 
to  the  client,  and  the  client  refusing  to  pay  two  actions  had 
been  brought  thereon.  The  Master  having  made  two 
separate  allocaturs,  the  Court  made  an  order  to  con- 
solidate the  two  actions,  and  for  the  Master  to  review  his 
taxation  by  giving  one  allocatur  only  on  the  four  bills. 
The  consequence  being  that  more  than  one-sixth  was  de- 
ducted from  the  whole,  the  Court  held  the  client  entitled 
under  the  statute  to  the  costs  of  the  whole  taxation. 
Principle         Where  the  Master  disallows  some  items  and  adds  others, 

when  items  ,i       i  -n    i    ,.  ,  . 

added         the  bill  delivered  is  to  be  treated  as  increased  by  the  sum 
^]f  ^d'      ^^Wed,    and   then   reduced   by   the    sum   disallowed   {Re 
Hartley,  2  Jur.  N.  S.  448.     See,  too,  Reg.  v.  Eastuvod,  6 
Ell.  &  Bl.  285). 
New  items       The  solicitor   will   not  be    allowed   to   introduce   new 
introduced,  items  with  a  view  to  affect  the  costs  of  taxation   {Hays 
v.   Trotter,  5  Bar.  &   Ad.  1106;    Re  Blakeley,  12  Beav. 
879  ;  Re  Tilleard,  32  Beav.  476  ;  and  ante,  pp.  432,  473). 
Where  "Where  a  bill  was  ordered  to  be  taxed  (questions  as  to 

to  UaMity''  ^'^cihUlty  being  reserved)  and  less  than  a  sixth  was  struck 
reserved,     off,  it  was  held  that  whatever  might  be  the  result  of  the 
question  reserved,  the  client  must  pay  the  costs  of  taxa- 
tion {Re  Shaiv,  20  L.  J.  Q.  B.  280). 
Where  A  suit  having  been  instituted  by  the  client  against  the 

account,  solicitor  for  a  general  account,  more  than  one-sixth  was 
taken  off  in  the  suit,  but  less  than  one-sixth  on  the  taxa- 
tion. The  court  allowed  the  solicitor  the  costs  of  the 
Where  taxation  {May  v.  Biggenden,  24  Beav.  207).  Where 
brought,  taxation  was  ordered  pending  an  action  for  the  costs,  and 
more  than  one-sixth  was  taken  off,  the  court  ordered  the 
costs  of  the  reference  to  be  paid  by  the  solicitor,  and  the 
costs  of  the  action  by  the  client  {Re  Hair,  11  Beav.  96). 


COSTS    OF   TAXATION.  507 

See  contra,  before  the  Act,  Toghill  v.  Grant,  G  Bcav. 
348. 

Where  more  than  a  sixth  was  takeu  off  the  bill,  the  Liability  of 
assignees  of  a  bankrupt  (Re  Peers,  21  Beav.  520),  or  in- of  g°iicitor 
solvent   solicitor  (Shea  v.   Boschetti,  re   Pei7e,  25   Beav.  ^^^  costs  of 

.  -  taxation. 

561),  were  personally  liable  for  the  costs  of  the  taxation  of 
a  bill  delivered  by  them.  In  Re  Cole,  2  Sim.  &  St.  463 
(decided  under  the  old  statute),  it  was  held  that  the  per- 
sonal representative  of  a  deceased  solicitor  was  not  liable 
for  the  costs  of  taxation.  In  this  case  the  bill  had  been 
delivered  by  the  solicitor  himself 

Where   pending   the  taxation,  the  solicitor  petitioned  Of  insol- 
for    and    obtained   his   discharge    under    the    Insolvent  dtor. 
Debtors'  Acts,  he  was  held  personally  liable  for  the  costs 
of  the  taxation,  more  than  one-sixth  having  been  taken 
off  {Whalleij  v.  WiUiamson,  6  Q.  B.  269). 

In   an  ordinary  taxation  between  party  and  party  the  Costs  of 
costs  of  the  taxation  are  borne  by  the  person  taking  the  ijetweea 
taxation  ;  but,  semble,  the  Court  would  have  discretion  in  P^rty  aud 
a  proper  case  to  depart  from  this  rule  {In  re  Grundy,  Ker- 
shaiu  cfc  Co.,  17  Ch.  D.  108  ;  29  W.  R.  581 ;  44  L.  T.  541  ; 
50  L.  J.  Ch.  467). 


CHAPTER  IX. 


MODES   OF   ENFORCING  THE   PAYMENT   OF  COSTS. 


Enforcing 
judgment 
for  money, 


Modes  of 
recovering 

costs. 


Enforce- 
ment of 
orders. 


Sect.  I. —  Where  costs  are  ordered  to  he  jxiid  by  one 
2Mrty  to  another  personally. 

By  R.  S.  C.  Ord.  XLII.  r.  1,  a  judgment  for  the 
recovery  by  or  payment  to  any  person  of  money  may  be 
enforced  by  any  of  the  modes  by  which  a  judgment  or 
decree  for  the  payment  of  money  of  any  Court,  whose 
jurisdiction  is  transferred  by  the  Judicature  Act,  might 
have  been  enforced  at  the  time  of  the  passing  of  that  Act. 

Accordingly,  where  costs  are  ordered  to  be  paid  by  one 
party  to  anotlier  personally,  they  may  be  recovered  in  the 
following  different  w^ays  : — 

(1)  Fieri  facias ;  (2)  Elegit,  and  proceedings  under 
Judgment  Law  Acts ;  (3)  Sequestration;  (4)  Attachment 
of  debts ;  (5)  Charging  order  on  stocks  and  shares ; 
(6)  Arrest  and  imprisonment ;  (7)  Indirectly  in  some 
cases,  by  staying  any  further  proceedings  by  the  party  by 
whom  the  costs  are  to  be  paid.  Subpoenas  for  costs  are 
abolished  (R.  S.  C.  {Ap.  1880),  Ord.  XLYIL,  r.  2).  The  sub- 
jects of  interest  on  costs,  and  revivor  for  costs,  are  treated 
of  in  paragraphs  8  and  9  of  this  section. 

By  R.  S.  C.  Ord.  XLII.,  r.  20,  every  order  of  the  Court 
or  a  judge  may  be  enforced  in  the  same  manner  as  a 
judgment  to  the  same  effect.  Notwithstanding  this  ride, 
however,  it  was  held  in  Cremetti  v.  Croni,  4  Q.  B.  D. 
225  ;  48  L.  J.  Q.  B.  837;  27  W.  R.  411,  that  an  order 
dismissing  an  action  with  cost?,  for  want  of  prosecution 


COSTS   TO   BE    PAID    BY    ONE    PARTY    TO   ANOTHER.     509 

could  not  be  enforced  by  attachment  of  debts  under  Ord. 
XLV.  r.  2. 

Upon  any  judgments  drawn  up  by  the  Chancery  regis-  jiulgments 
trars  for  the  recovery  of  a  sum  of  money  or  costs,  there       i^ouey 

•J  -J  '  or  costs 

may  continue  to  be,  at  the  election  of  the  claimant,  either  in  the 
one  writ  or  separate  writs  of  execution  for  the  recovery  of  Di'visionf 
the  sum  and  for  the  recovery  of  the  costs,  but  a  second 
writ  can  only  be  for  costs,  and  must  be  issued  not  less 
than  eight  days  after  the  first  writ  (R.  S.  C.  (April,  1880), 
Ord.  XLIL,  r.  15  a). 

A  judgment  of  the  Chancery  Division  for  the  payment  Enforcing 
of  costs  maybe  enforced  in  Ireland  or  Scotland,  accord- J^j.  °"^g* 
ing  to  the  provisions  of  the  "  Judgment  Extension  Act,  ^mder 
1868,"  31  &  32  Vict.,  c.  54,     For  the  method  of  enforcing  Extension 
such  a  judgment,  see  Dan.  Ch.  Pr.,  6th  ed.,  p.  846.  ^^*'  l^*^^- 

The  execution  of  a  writ  of  attachment  does  not  deprive 
the  party  issuing  it  of  any  lien  or  right  of  set-off  he  may 
have  for  the  costs  {Baivtree  v.  Watson,  2  K.  713 ;  and  see 
Roheris  v.  Ball,  3  Sm.  &  G.  168  ;  24  L.  J.  Ch.  471  ; 
1  Jur.  N.  S.  585  ;  3  W.  R  466). 

Where  several  persons  are  ordered  to  pay  costs,  process  Process 
against  them  may  be  either  joint  or  several  {Sangar  v.  ^^^^  ^^ 
Gardiner,  C.  P.  C.  262  ;  Purcell  v.  Woodley,  5  Ir.  Eq.  R.  several. 
376  ;  and  Land  Credit  Co.  v.  Lord  Ferrnoy,  5  Ch.  323  ; 
39  L.  J.  Ch.  477 ;  18  W.  R.  393,  and  the  cases  cited  ante, 
p.  121). 

The  Court  will  not  stay  proceedings  for  the  recovery  of  ^'o  stay  of 
costs  pending  an  appeal ;  the  practice  is  to  order  the  costs  foi^ costs 
to  be  paid  at  once,  the  solicitors  who  receive  the  costs  pending 
undertaking  to  refund   in   case  the  decision   is  reversed  ' 
{Grant  v.  Banque  Franco-Egyptienne,  3  C.  P.  D.  202  ; 
47  L.  J.  Ch.  455  ;  26  W.  R.  669  ;  38  L.  T.  622  ;  Morgan  v. 
Elf  ord,  4  Ch.  D.  388 ;  25  W.  R.  136  ;  Merry  v.  MeJcalls, 
8  Ch.  205  ;  21  W.  R.  305  ;  28  L.  T.  296  ;  Beattie  v.  Lord 
Ebury,  28  L.  T.  458  ;  Gibbs  v.  Daniel,  4  GifF.  41,  n.)  ;  and 
see  also  Wilson  v.  Church,  12  Ch.  D.  454  ;  48  L.  J.  Ch. 
690;  28  W.  R.  284;  41  L.  T.  50;  Atherton  v.  British 


510  MODKS    OF   EXFOnCING    rAVMPINT   OF   COSTS. 

Nation  Assunince  Co.,  5  Ch.  720;  Polini  v.  Gnnj, 
28  W.  R.  300.  In  Cooper  v.  Cooper,  2  Ch.  D.  492 ;  45 
L.  J.  Ch.  GOT  ;  24  W.  R.  028,  proceedinors  were  stayed, 
pending  an  apiKul,  on  the  appellant  p.aying  into  Court 
the  costs  ordered  to  he  paid,  and  paying  to  the  respondents 
the  C(jsts  of  the  application.  The  application  mu.st  be 
made  in  the  first  instance  to  the  Court  below,  although 
the  action  has  been  dismissed  {Otto  v.  Lindfonl,  18  Ch.  I>. 
3!>4). 

If  the  costs  arc  jtaid  to  the  solicitor,  he  must  give 
satisfactory  .security  for  their  repayment  (Burdick  v. 
Gorrirk,  T,  Ch.  4.-)n ;  30  L  J.  Ch.  OoT;  18  W.  R.  r,30  ;  22 
L.  T.  .')()2).  The  payment  of  costs  will  not  be  stayed  on 
the  ^nmnd  that  another  proceeding  i.s  pending  in  the 
same  action  under  which  cost.s  may  l>ecome  jmable  to 
the  applicant  {(irunt  v.  Banqvc  Fronco-Kfjjiptunne, 
3  C.  P.  D.  202).  In  Bauer  v.  M  it  ford,  9  W.  R.  135,  a 
fimd  out  of  which  costs  were  ordered  to  be  paid  was 
retained  pending  the  appeal;  but  see  ^Yi^H(^n  v.  Church. 
In  l-:n.«ri>u>jh  V.  Aijres,  39  L.  J.  Ch.  001  ;  18  W.  R.  913; 
'l:\  I>.  T.  08,  V.  C.  James  held  that  the  Court  of  Chancery 
had  no  jurisdiction  to  restrain  a  plaintilV  at  law  who  had 
recovered  a  verdict  from  proceeding  to  ta.\  and  recover 
payment  of  the  costs,  on  the  ground  that  the  circum- 
stances under  which  the  action  was  brought  amounted  to 
niaintenance. 
rr.K.f  in  A  claim  for  the  costs  of  an  action  founded  on  contract, 

is,  after  verdict,  a  debt  provable  in  bankruptcy,  although 
the  costs  have  not  been  ta.xed  at  the  date  of  the  adjudica- 
tion. And,  semhle,  even  though  judgment  may  not  have 
been  signed  {Ex  parte  Peacock,  re  Duffield,  8  Ch.  682; 
42  L.  J.  Bank.  78  ;  21  W.  R.  750  ;  28  L.  T.  830) ;  but 
costs  recovered  in  an  action  of  tort  are  not  provable  unless 
judgment  is  signed  before  the  adjudication  {Re  Ke^vman, 
ex  parte  Brooke,  3  Ch.  D.  494  ;  40  L.  J.  Bank.  57;  25 
W.  R.  201).  It  is  not  sufficient,  in  a  liquidation  by 
arrangement,  for  a  creditor  in  respect  of  untaxed  costs  to 


U\uk- 
ruptt-y. 


COSTS  TO  BE  PAID  BY  ONE  PARTY  TO  ANOTHER.  511 

make  a  mere  estimate  of  their  amount ;  he  must  either 
swear  to  such  a  sum  as  will  cover  the  costs  when  taxed,  or 
else  apply  for  leave  to  sign  judgment,  and  tax  his  costs 
(Ex jMiie  BtitHe,  re  Dii  wimchnc,  8  Ch.  997;  42  L.  J.  Bank. 
82  ;  21  W.  R.  982  ;  29  L.  T.  384). 

For  the  general  practice  as  to  execution,  see  Dan.  Ch.  Asto 
Pr.,  Cth  ed.,  p.  823.     By  R.  S.  C.  Ord.  XLII.,  r.  6,  the  term  '^,Z''^l 
"  writ  of  execution,"  includes  writs  of  fieri  facias,  cajnas,  "Writ  of 
elegit,  sequestration,  and  attachment,  and  all  subsequent  ^'^^^'"t"'"-" 
writs  that  may  issue  for  giving  effect  thereto.     And  the 
term  "issuing  execution  against  any  party"  means  the  "  Issuing 
issuing  of  any  such  process  against   his   person  or  pro-  Hoi^/' 
perty,  as  .shall  be  applicable  according  to  the  preceding 
rules  of  the  Order. 

No  writ  of  execution  can  be  issued  without  the  produc-  Judgment 
tion  to  the  officer  by  whom  it  should  be  issued  of  the  !"rofi*;,J*°, 
judgment  upon  which  the  writ  of  execution  is  to  issue,  or 
an  office  copy  thereof,  sliowing  the  date  of  entry  ;  and  the 
officer  must  be  satisfied  that  tiie  proper  time  has  elapsed 
to  entitle  the  judgment  creditor  to  execution  (ih.,  r.  9). 
No  writ  of  execution  can  be  issued  without  the  party  Piwcipe. 
issuing  it,  or  his  solicitor,  filing  ii  praecipe  ior  that  pur- 
pose, containing  the  title  of  the  action,  the  reference  to 
the  record,  the  date  of  the  judgment,  and  of  the  order, 
if  any,  directing  the  execution  to  be  issued,  and  the 
names  of  the  parties  against  whom,  or  of  the  firms  against 
whose  goods,  the  execution  is  to  be  issued.  The  praecipe 
must  be  signed  by  or  on  behalf  of  the  solicitor  of  the  party 
issuing  it,  or  by  the  party  issuing  it,  if  he  do  so  in  person 
(ih.,  r.  10,  as  varied  by  Ord.  of  June,  1876). 

The  writ  must  be  indorsed  with  the  name  and  address  Writ  must 
of  the  solicitor  who  sues  it  out ;    and  when  the  solicitor  \>\^''°vf^y 

.  indorsed ; 

actually  sumg  out  the  writ  does  .so  as  agent  for  another 
solicitor,  the  name  and  address  of  such  other  solicitor 
must  also  be  indorsed  upon  the  writ.  If  no  solicitor  be 
employed  to  issue  the  writ,  then  it  must  be  indorsed  with 
a  memorandum  expressing  that  it  has  been  sued  out  by 


612  MODES   OF    ENFORCING   PAYMENT   OF   COSTS. 

the  plaintiff  or  defendant  in  person,  as  tlie  case  may  be, 
and  f^iving  liis  address  (ih.,  r.  11).  Every  writ  of  execu- 
tion for  the  recovery  of  money  must  be  indorsed  with  a 
direction  to  the  slieriff  or  other  person  to  whom  the 
writ  is  directed  to  levy  the  money  sought  to  be  recovered 
\inder  the  judgment,  stating  the  amount,  and  also  to  levy 
interest  thereon,  if  sought  to  be  recovered,  at  the  rate  of 
X'4  per  cent,  per  annum  from  the  time  when  the  judg- 
ment was  (uttrod  up.  If  there  is  an  agreement  between 
the  partifs  tli.it  more  than  £4  per  ct-nt.  interest  shall  be 
secured  by  the  judgment,  then  the  indorsement  may  be 
accordingly  to  kvy  the  amount  of  interest  so  agreed 
(//>.,  r.  14)' 
diitcJ ;  Every  writ  of  execution  mu.st  also  bear  date  of  the  day 

on  which  it  is  issued.     The  forms  in  the  Appendix  to  the 
llules  may  be  used  with  such  variations  as  circumstances 
and  tcfiUd.  may  reciuire*  (ib.,  r.  12).     The  writ  must  be  tested  in  the 
name    of  the    Lord    Chancellor;    or  of  the    Lord    Chief 
Justice,  if  the  Chancellorship  is  vacant  (R.  S.  C.  Onl.  II., 
r.  8). 
Poundage.        The    party  entitled    to    execution    may   also    levy   the 
poundage,  fees,  and  expenses  of  execution,  over  and  above 
the  sum  recovered  (R.  8.  C.  Ord.  XLII.,  r.  13). 
Writ  of  A  writ  if  unexecuted  only  remains  in  force  for  one  year 

to  renS    f'"^*'^^  '^=^  ^^^"^  ■'  ^'"^  *^  ^^^y  ^^  renewed  before  its  expira- 
in  force       tion,  for  onc  year  from  the  date  of  renewal,  and  so  on 
o"fy" unless  from  time  to  time,  cither  by  being  marked  with  the  seal 
renewed,     ^f  ^]jp  Court  bearing  the  date  of  renewal,  or  by  written 
notice  of  renewal  being  given  to  the  .sheriff,  signed  by  the 
party  or  his  attorney,  and  bearing  the  seal  of  the  Court. 
A  writ  so  renewed  takes  effect,  and  has  priority,  according 
to  the  time  of  the   original  delivery  thereof  {.ih.,  r.  16). 
Evidence     The  production  of  the  writ  or  of  the  notice  renewing  it, 
of  renewa  .  pj.^pgj.]y  sealed,  is  sufficient  evidence  of  renewal  {ib.,  r.  17). 
Execution        As  between  the  original  parties  to  a  judgment,  execu- 

within  six 
years. 

•  See  post,  Appendix  II.,  Forms. 


COSTS    TO    BE    PAID    BY    ONE    TARTY   TO   ANOTHER.       513 

tion  may  issue  at  any  time  within  six  years  from  the 
recovery  of  the  judgment  (ih.  r.  IS). 

Where  six  years  liave  elapsed  since  tlic  judgment,  or  Leave  to 
any  change  lias  taken  pLace  in  the  parties  entitled  or  liable  ^^^  vcars^^ 
to  execution,  the  party  alleging  himself  to  be  entitled  to  or  ^^^ter 
execution  may  apply  to  the  Court  or  a  judge  for  leave  p;u-ties. 
to  issue  execution  accordingly.     The  Court  or  judge  may 
thereupon  make  an  order  to  that  effect;  or  may  order  that 
any  issue  or  question  necessary  to  determine  the  rights  of 
the  parties,   be  tried  in  any  of  the  ways  in   which  any 
question  in  an  action   may  be  tried.     And  in  either  car.e 
the  Court  or  judge  may  impose  such  terms  as  to  costs  or 
otherwise,  as  shall  seem  just  (ib.  r.  19).     Where  a  plaintiff 
obtained  judgment   with  costs   and    died,   his    executoi'S 
obtained  leave  to  issue  execution  on  an  exixirte  application, 
but  without  costs  {Mercer  v.  Lawrence,  2G   W.  R.   50(5 ; 
W.  N.  (187S),  103). 

Nothing  in  any  of  the  rules  of  Ord.  XLII.  is  to  take  Saving  as 
away  or  curtail  any  right  formerly  existing  to  enforce  or  "  i'™^*-"^^- 
give  effect  to  any  judgment  or  order  in  any  manner  or 
against  any  person  or  property  whatsoever  (/6.  r.  2:5),  or  to  i^^^^^  ^f 
affect  the  order  in  which  writs  of  execution  may  be  issued  several 

•'  writs. 

{ih.  r.  24). 

In  cases  other  than  those  mentioned  in  r.  IS,  any  person  Process  by 
not  being  a  party  in  an  action,  in  whose  favour  or  against  pci^ons'"^jot 
whom  any  order  is  made,  may  enforce  obedience  to  the  parties, 
order,   and    is   liable  to  the  same  process   for   enforcing 
obedience  to  the  order,  as  if  he  were  a  party  to  the  action 
{lb.  r.  21). 

Where  a  judgment  is  against  partners  in  the  name  of  Partners, 
the  firm,  execution  may  issue  against  (1)  any  property  of 
the  partners  as  such  ;  (2)  any  person  admitted  on  the 
pleadings  or  adjudged  to  be  a  partner;  (3)  any  person 
wlio  has  been  served  as  a  partner  with  the  writ  of  summons 
and  has  failed  to  appear.  If  the  party  who  has  obtauicd 
judgment  claims  to  be  entitled  to  issue  execution  against 
any  other  person  as  being  a  member  of  the  firm,  he  may 


514 


MODES   OF    ENFORCING    PAYMENT   OF   COSTS. 


It.l-piT.ltO 

ami  jiri- 

Vil.-L-I 

l...T.M.n-. 


Leave  to 
issue  exe- 
cution— 
when 
necessiirv. 


Action  in 

District 

Registry. 


apply  to  tlio  Court  or  a  judge  for  leave  so  to  ilo";  and  the 
Court  or  Judge  may  give  such  leave  if  the  liability  be  not 
disputed  ;  or  if  such  liability  be  disputed,  may  order  that 
tlif  liability  of  such  person  be  tried  and  determined  in  any 
m;ini:ir  in  which  any  issue  or  question  in  an  action  may 
be  tried  and  dt-ttrmined.  As  to  the  eflVct  of  an  execution 
levied  on  properly  belonging  to  a  firm  of  which  one  men)ber 
is  a  foreigner  domiciled  abroatl,  see  Ex  pcuie  Bla'in,  re 
Haicers,  12  Ch.  D.  522  ;  41  L.  T.  4(5. 

Writs  of  sequestration,  and  writs  of /{./((.  and  digit  and 
the  writs  in  aid,  may  now  be  issued  against  bo<lies  corjwratc 
or  jjolitic,  and  against  peers,  meml)ers  of  parliament,  and 
other  privilcg.-d  persons  in  tin-  s;ime  manner  as  against 
ordinary  jirivalc  individuals. 

Leave  to  issue  execution  is  necessary  in  all  cases  of 
attachment  (R.  S.  C.  Ord.  XLIV.  r.  2,  />.m/,  ]>.  .V27) ;  or 
where  it  i.sdrsirt'd  to  i.ssue  execution  against  a  shareholder 
in  a  company  incorporated  under  S  &  1)  Vict.  c.  10,  a.  30  ; 
or  against  past  members  of  banking  cor jjorat ions,  where  a 
judgment  lias  been  recovered  against  the  public  officer 
(7  (leo.  W.  c.  4(1.  s.  i:i) ;  and  in  cases  coniing  within  rules 
7,  S.  IS,  and   l!l  vUhd.  XLIl. 

Wlu-n  an  action  proceeds  in  a  district  regl-try  all  writs 
of  execution  for  enforcing  any  judgment  or  order  therein, 
are  to  issue  from  the  district  registry  unless  the  Court  or 
a  judge  shall  otherwise  direct  (R.  S.  C.  Urd.  XXXV.  r.  8). 


1    ^^-    2. — Fi.   }\i.  KHil   Eh(jlt,  and  Proceedings   under 
Jiidgnunt  Law  Acts. 

F!.  fa.  aiul  A  judgment  for  payment  of  costs  may  be  enforced  im- 
cle-fit.  mediately  after  the  entry  of  the  judgment  by  the  issue  of 
one  or  more  writs  oi  ^fieri  fucia.s  or  elegit;  provided  that 
(1)  if  the  judgment  is  for  payment  within  a  specified  period, 
no  such  writ  can  be  issued  till  after  the  expiration  of  such 
period  ;  and  {2)  the  Court  or  judge,  either  at  the  time  of 


COSTS  TO  BE  PAID  BY  ONE  PARTY  TO  ANOTHER.   515 

giving) udgment,  or  afterwards,  may  gi\'e  leave  to  issue  exe- 
cution before,  or  may  stay  execution  until  any  time  after, 
the  exjiiration  of  the  prescribed  periods  (Ord.  XLII.  r.  15). 

For  form  of  fi.fa.  on  order  for  costs,  see  Rules  of  April, 
1880  ;  and  see  j^osf,  App.  II. 

By  R.  S.  0.  Ord.  XLIII.  rr.  1  .1:  2,  writs  of  p.  fa.  and 
elegit  are  to  have  the  same  force  and  eftect  and  to  bo 
executed  in  the  same  manner  as  formerly  ;  and  writs  of 
venditioni  cxponos,  distrimjas  nuper  vice-corn  item,  fieri 
facias  de  bonis  ecclesiasticis,  sequestmri  facias  de  bonis 
ecclesiasticis,  and  all  other  writs  in  aid,  may  be  issued  and 
executed  in  the  same  cases  and  in  the  same  manneras  before. 

Service  of  a  decree  or  order  directing  payment  of  costs 
is  not  requisite  as  a  preliminary  to  i.ssuing  a  /?. /W,  ;  sec 
Land  Credit  Co.  v.  Fcnnoij,  o  Ch.  823  ;  Streeten  v.  Whit- 
more,  o  Beav.  22.S  ;  unless  the  decree  or  order  expressly 
limits  a  time  after  service  within  which  payment  must  be 
made.  The  order  must  be  for  payment  to  a  person, 
not  to  his  account  at  a  bank  (Re  Leeds  Banking  Co.,  1  Ch, 
150).  The  writ  must  be  so  moulded  as  to  follow  the 
sub.->tance  of  the  judgment  or  order  ;  see  Form  1  in  App, 
F.,  R.  S.  C,  note.  Where  a/,  fa.  or  elegit  is  issued  for 
recovery  of  a  balance  of  a  sum  of  money  or  of  costs 
remaining  due,  the  full  sum  mentioned  in  the  order,  or  the 
full  amount  of  costs,  as  taxed,  may  be  inserted  in  the  body 
of  the  writ,  but  in  the  indorsement  of  the  sum  to  be  levied, 
so  much  only  as  remains  due  should  be  mentioned  (Br. 
Pr.,  p.  105). 

Where  a  writ  of _/?.  fa.  in  one  county  has  failed  to  satisfy 
the  demand,  another  writ  may  issue  into  another  county 
(Spencer  v.  Allen,  2  Ph.  215  ;and  sec  Hodgson  v.  Hodgson, 
23  Beav.  G04).  A  sequestration  was  directed  after  a 
return  oi  nulla  bona  to  a  writ  ofji.fa.  (Wcstbij  v.  Westhj, 
5  De  G.  &  Sm.  510). 

By  Cons.  Ord.  XXIX.  r.  7,  the  date  of  the  entry  must 
be  marked  on  the  decree  or  order  ;  and  no  fl.  fa.  or  elegit 
may  be  sued  out  on  such  decree  or  order  unless  the  date 

L  L  2 


516  MODES    OF    ENFORCING    TAYMENT    OF   COSTS. 

II..W  writs  of  such  ciitry  is  so  marked.     By  r.   8  of  the  same  order, 

executed,     writs  of  fi.  fa.  and  elegit  when  sealed  are  to  be  delivered 

for  execution  to  the  sheriff  or  other  officer  to  wliom  the 

execution  of  the  like  Avrits   issuing  out  of  the  superior 

courts  belongs.      The  writs  when  returned  must  bo  do- 

livered  to  the   parties  or  solicitors  by  whom  respectively 

they  were  siied  out,  and  are  thereupon  hied  as  of  record 

(Cons.  Or.l.  XXIX.  r.  S). 

Writ  of  Where  it  appears  upon  the  return  of  any  writ  of  fieri 

,j-]xu,<ii,      fiicidft,  that  the  sheriff  or  other  officer  ha.s  by  vn-tue  of 

clIsc'ulVo    ^"^''  ^^''^  seized  but  not  sold  any  goods  of  the   person 

issued.        against  whom  the  execution  is  issued,  the  pci'son  to  whom 

the  costs  arc  jiayalilc  may   immediately  after  such  writ 

with  sufh  return  shall  have  bfcn  filed  a.s  of  record,  sue 

out  a  writ  of  vemlitionl  ejpjxmas  (Conn.  Ord.  XXIX.  r.  9). 

If  after   the  is.suc  of  the  writ  the  sheriff  goes  out  of  office 

he  may  be  compelled, to  proceed  by  the  writ  o(  ili-s(rin(jn8 

iiupe)'  riir-comittm. 

Sii.riiT  \  sla-iitV  who  has  scizt-d  the  goods  undir  a  fi.  fn.  and  is 

eiititlcil  to  .  .  -11  1    I  *  1     *  1 

poutuliigo     theJi  ]»ai(l  out  IS  entitled  to  poundage,  althougii  no  actual 

thou-h  no    ^.,1^.  ,„.^^.  1,.^^.,^  taken  i»lace  :   it   is  sufficient   that   he    has 

actiiHi  sale,  •  / 

imnitleil      recovered  by  compulsion  of  the  writ  ;  see  Bisslcks  v.  Bath 

Colllenf  Compantf,  2  Ex.  D.  4.)!);  :}  Ex.  1).  174  ;  20  W. 
R.  'Siio  ;  Mortimore  v.  Cragg,  3  C.  P.  D.  210  ;  47  L.  J.  C. 
P.  348 ;  26  W.  R.  303 ;  38  L.  T.  40,  overruling  lioe  v. 
Hammond,  2  C.  P.  D.  300.  Secus,  where  he  obtains  pay- 
ment (under  protest)  by  the  mere  production  of  the 
warrant  and  demand  of  the  amount  due  without  actual 
seizure  {Xat<I(  v.  Dtrkeihson,  L.  R.  2  C.  P.  252). 

In  Be  Commonu'ealt/t  Land  Co.,  43  L.  J.  Ch.  09;  29 
L.  T.  502  ;  W.  N.  (1873),  209  ;  22  W.  R.  lOO,  a  winding- 
up  petition  was  dismissed  with  costs,  but  through  a  mis- 
understanding as  to  the  authority  to  receive  the  cost.s, 
payment  was  not  made  until  a /i.  /(r  had  been  issued  and 
executed  for  the  amount.  The  Court  on  motion  declined 
to  set  aside  the  writ,  but  considering  it  ought  never  to  have 
been  issued  ordered  the  solicitor  who  had  issued  it  to  pay 


he  liiis 
seized 


COSTS   TO    BE    PAID    BY   ONE    PARTY    TO   ANOTHER.       517 

the  costs  of  the  execution  and  of  the  motion.  See  Smith 
V.  Smith,  L.  R  9  Ex.  Ul.  As  to  execution  by  /.  /(/. 
generally,  see  Arclihold'.s  Practice  Ly  Prentice,  13th  ed., 
p.  550  ;  Churchill  and  Bruce  on  Sherit^'  Law,  p.  1G8  ;  and 
Sneary  v.  Abdi/,  1  Ex.  D.  299  ;  34  L.  T.  SOI  ;  Re  Cray- 
croft,  ex  parte  Broivninrj,  8  Ch.  D.  50(5 ;  38  L.  T.  3G4  ;  Ex 
2Xirte  Lithgov:,  re  Fenton,  10  Ch.  D.  109  ;  26  \V.  R.  834  ; 
Be  Hei roll's  Estate,  Hall  v.  Ley,  12  Ch.  D.  795  ;  Evar.s  v. 
Davics,  7  Beav.  81 ;  Jvpp  v.  Cooper,  5  C.  P.  D.  26  ; 
Angell  v.  Baddeley,  3  Ex.  D.  49. 

The  writ  of  elecjit  is  the  means  employed  for  obtaining  i5'%j<. 
execution  against  real  estate.  By  1  &  2  Vict.  c.  110,  s.  11, 
the  whole  of  the  debtor's  lands  are  to  be  delivered  under 
the  writ,  instead  of  as  formerly  only  the  half  of  such  lands. 
For  the  mode  of  proceeding  under  an  elegit,  see  Prentice's 
Archbold,  p.  588,  ct  seq. 

A  remedy  is  also  given  against  real  estate  by  the  Judg-  Jiulgmcnt 
meut  Law  Acts.  By  1  &  2  Vict.  c.  110,  s.  13,  a  judgment  ^''*'''  '^'■^'• 
created  a  charge  upon  real  estate,  but  it  was  provided  that 
such  charge  should  not  be  enforced  until  after  the  expira- 
tion of  a  year  from  entering  up  the  judgment.  By  the 
Judgment  Law  Amendment  Act,  1864,  27  tl-  28  Vict.  c. 
112,  s.  1,  no  judgment  is  to  affect  any  land  of  whatever 
tenure  until  such  land  shall  have  been  actually  delivered 
in  execution  by  virtue  of  a  writ  of  elegit  or  other  lawful 
authority  in  pursuance  of  such  judgment.  When  this  has 
been  done  the  judgment  creditor  can  perfect  his  remedy 
by  obtaining  an  order,  upon  petition  in  a  summary  way, 
for  sale  of  the  debtor's  interest  in  the  land  (s.  4).  The 
return  of  the  sheriff  to  the  writ  is  the  actual  delivery 
mentioned  in  sect.  1  (Re  Duke  of  Nevxastb',  8  E(|.  700)  ; 
and  if  the  interest  of  the  debtor  be  an  equitable  life 
estate,  or  a  partial  equitable  interest  only,  or  an  equity  of 
redemption,  or  an  interest  in  remainder  only,  or  if  it  has 
been  already  extended  under  a  prior  elegit,  so  that  it  can-  ' 
not  be  actually  delivered  in  execution,  then  the  judgment 
creditor,  though  he  has  sued  out  and  delivered  his  writ  of 


518  MODES   OF  EyFOnCING  PAYMENT   OF  COSTS. 

elcfjiL  to  tlic  shcrift',  has  not  acquired  any  cliargc  upon  the 
hind  under  this  section,  and  is  not  entitled  to  apply  by 
petitioji  in  a  summary  way  for  a  sale  of  the  debtor's  land 
i:.init.it.lc  under  sect.  4  of  the  Act ;  see  Seton,  p.  1  U4.  His  remedy 
in  such  a  case  is  to  obtain  Avliat  is  called  "equitable  execu- 
tion "  by  the  appointment  of  a  receiver.  And  this  being 
such  a  delivery  as  the  subject-matter  is  capable  of  iscfpii- 
valent  to  an  actual  delivery  in  execution  by  the  sheriff; 
sec  ILitton  v.  II<njxvoo(h  H  C'h.  220  ;  A  nr/Jo-Iftiliini  Jiank 
v.  D<n.'irs,  0  Ch.  1).  27.'>  ;  47  L.  J.  C'h.  .s33  ;  27  W.  R.  :J ;  :VJ 
L.  T.  244,  and  ca.ses  there  cited.  Such  a  receiver  may  be 
appointed  on  motion  in  the  original  action  after  final 
judgment  (Salt  v.  Ciu>j,n',  IG  Ch.  D.  .■344  ;  :)0  I..  J.  Ch. 
V>2!) ;  20  W.  R  5.33  ;  43  L.  T.  GK2) ;  or  by  a  judge  at 
Chambers  {Smith  v.  Cmvdl,  G  Q.  li.  I  >.  7';  li'i  W.  K. 
227;  43  L.  T.  .'>2SV  And  in  fact  a  creditor  seek- 
ing c(niitable  execution  need  not  now  sue  out  an  rlrijit 
at  all  {Kx  ivnic  Evmi^,  13  Ch.  D.  2o2).  A  widow  entitled 
for  her  life  to  the  dividends  of  stock  standing  in  the 
names  of  trustees  was  ordered  to  pay  costs  to  A.  A.  was 
hold  entitled  to  a  receiver  (Jh'>/(fiit  v.  Bull,  10  Cii.  I).  l-'>3  ; 
is  L.  ,).  L'h.  :;2:.  ;  1^7  W  \l  240  ;  39  L.  T.  470). 
Writs  of  J^y  Cuus.  Ord.  XXIX.  r.  11,  whenever  it  apj)ear.-;,  upon 

'loii'i'/i  '^     ^'"-'  retuin  vi'  any  writ  of  fieri  fmhis  or  tb'[)ii,  that  the 
rn-h-sias-     porsoii  again>t  whom   the  writ  was  issued  is  a   beneficed 
sniiir.stnni  clcrk,  and  has  no  goods  or  chattels,  nor  any  lay  tee,  ni  the 
facia.^.       bailiwick   of  the  sheriff  to  whom  the  writ  was  directed, 
the  person  to  whom  the  costs  are  payable,  may,  imme- 
diately after  such  writ  with  such  return  shall  have  been 
filed  as  of  record,  sue  out  a  writ  of  fieri  fucias  dc  bonis 
cccJcsia.stici-^,  or  a  writ  of  ftrqiiesfrari  facias. 
llow  to  be       By  r.  13  the  wi  its  when  sealed  are  to  be  delivered  to 
the  l)ishop  for  execution  ;  and  when  returned  by  him  must 
bo  delivered  to  the  parties  or  solicitors  by  whom  respec- 
tively they  were  sued  out,  and  are  then  filed  as  of  record. 
In  practice  the  writs  are  always  delivered  to  the  Registrar 
of  the  Diocese,  who  will  thereupon  issue  sequestration. 


executed. 


COSTS  TO  BE  PAID  BY  ONE  PARTY  TO  ANOTHER.   510 

Before  a  fieri  facias  de  bonis  ecclesiasticis  can  issue  it 
must  be  shown  that  the  beneficed  clerk  has  no  goods  or 
chattels,  not  only  that  they  are  insufficient  {Rabbits  v. 
Woodward,  20  L.  T.  693,  778  ;  W.  N.  (1869),  152,  179). 
As  to  the  mode  of  proceeding  under  these  writs,  see 
Archbold,  p.  1062,  scq. 

8. — Sequestration. 

A  Avrit  of  sequestration  is  a  means  of  enforcing  a  judg-  Writ  of 
ment  for  the  payment  of  costs  within  a  limited  time.     It  tLll'^^*"'^" 
is  a  process  of  contempt. 

By  R  S.  C.  Ord.  XLVII.  r.  1,  after  due  service  of  the 
judgment  and  default  in  obeying  it,  the  person  prosecuting 
the  judgment  may  at  the  expiration  of  the  time  limited 
for  performing  it  issue  a  writ  of  sequestration  against  the 
estate  and  etTeets  of  the  disobedient  person.  The  writ  has 
the  same  effect  as  a  writ  of  sequesfi-ation  in  the  Court  of 
Chancery  formerly  had  ;  and  the  proceeds  of  the  seques- 
tration may  be  dealt  with  in  the  same  manner  as  formerly 
in  Chancery.  By  Gen.  Ord.  7th  January,  1870,  r.  3,  where 
any  person  is  directed  to  pay  costs  in  a  limited  time  and 
after  due  service  of  the  decree  or  order  refuses  or  nesflects 
to  make  such  payment  according  to  the  exigency  of  such 
decree  or  order,  the  person  prosecuting  such  decree 
or  order  shall  at  the  expiration  of  the  time  limited  for 
such  payment  be  entitled  to  a  commission  of  sequestra- 
tion ;  and  see  r.  7  of  the  same  Order,  pos^,  529.  By 
r.  2  (Orel.  XLVII.  Ap.  1880)  no  Avrit  of  sequestration 
to  enforce  payment  of  costs  can  be  issued  without  leave. 
As  to  sequestration  generally,  see  Dan.  Ch.  Pr.,  0th  ed., 
p.  908,  et  seq. 

The  following  different  kinds  of  property  have  been  held  What  pro- 
liable  to  sequestration  :  the  accrued  dividend  on  a  fund  in  to^'seVcs-*^ 
Court  payable  to  a  married  woman  for  her  separate  use  t^tio"- 
without  power  of  anticipation  (Clo>/don.  v.  Finch,  15  Eq. 
266 ;  and  see  Slade  v.  Uidnw,  30  W.  R  28 ;  3Iiller  v. 


520        Mokes  f»F  kxforcikg  rAY:^iEXT  of  costs. 

Miller,  L.  R.  2  P.  &  D.  o4) ;  a  deposit  on  appeal  {Conn  v. 
Gorhmcl,  9  Cli.  101);  pcusicns  iov  'ptist  services  {}Villcock 
V.  Terrell,  3  Ex.  D.  323  ;  30  L.  T.  .S4  ;  Sunsomv.  Sansom, 
4  P.  D.  G9  ;  48  L.  J.  P.  D.  &  A.  25  ;  27  W.  R.  G02 ;  39 
L.  T.  G42  ;  Dnif  v.  Dnit,  L.  R.  1  P.  .^'  D.  300  ;  McCarthy 
V.  Gold  J,  1  Ba.  i^  B.  387);  a  rent  charge  {Wilson  v. 
Metcalfe,  1  Beav.  203  ;  and  see  Clinton  v.  Clinton,  L.  R. 
1  P.  vV  M.  21 5).  The  Court  lias  no  jurisdiction  to  order  the 
Lords  of  the  Treasury  or  the  Paymaster-General  to  pay  a 
pension  charged  on  the  Consolidated  Fund  to  sequestrators; 
but  an  order  will  be  made  restraining  the  pensioner  from 
receiving  and  empowering  the  sequestrators  to  receive  the 
pension  (  Wlllmck  v.  Tt  rrrll ;  and  sec  also  Cri.s]iin  v. 
Cunutno,  L.  K  1  P.  vV  1).  (i22).  Where  sequestration  could 
not  be  obtained  a  receiver  was  appointed  (liryavt  v.  Hull, 
10  Ch.  I).  i:)3;  48  L.  J.  Ch.  325  ;  27  W.  R.  240  ;  39  L.T. 
470).  Where  tlie  party  ordered  to  pay  the  costs  had  no 
goods,  and  his  only  property  was  an  aniiy  pension,  the 
Court  made  a  four-day  order  for  payment,  and  that  in 
default  sequestration  might  issue  (Hiiow  v.  Bultov,  17 
Costs  of  (  1,.  1 ).  433  ;  29  W.  R.  :)83  ;  44  L.  T.  :.71).  The  costs  of 
MM|uc.si.-  scciuistratiun,  when  discharLfcd,  arc  taxed  as  between 
party  and  i>aify  1 1\<  ^],<i idaml.  23  W.  R.  40:  W.  N. 
(1874),  202). 

4 .  — ^1  ttachmc nt  of  Debts. 

Attach-  The  mode  of  enforcing   a  judgment   for   payment  of 

luent  of      c-ists  bv  attachment  of  debts  owinrj  to  the  iudmnent  debtor 

debts.  "  o  J        o 

fiom  a  tliird  party,  is  laid  down  by  R.  S.  C,  Ord.  XLV. ; 
the  second  rule  of  which  provides  that  on  affidavit  of  an 
unsatisfied  judgment  and  that  a  third  jiarty  within  the 
jurisdiction  is  indebted  to  the  judgment  debtor,  the  Court 
or  a  judge  may  order  that  all  debts  owing  or  accruing 
from  such  third  person,  called  the  garnishee,  to  the  judg- 
ment debtor  shall  be  attached  to  answer  the  judgment 
debt ;  and  the  garnishee  may  be  required  to  show  cause 


COSTS  TO  BE  PAID  BY  OXE  PARTY  TO  ANOTHER.   521 

"svhy  he  slionld  not  pay  the  debt,  or  a  sufficient  part  of  it 
to  satisfy  tlie  judgment  debt,  to  the  judgment  creditor. 

This  Order  is  taken  from  the  C.  L.  P.  Acts,  18o4  and 
1860  ;  as  to  the  debts  -vvhich  may  be  attached  and  the 
mode  of  procedure  under  the  Order  and  under  these  Acts, 
see  Seton,  p.  311 ;  Arclibold's  Practice,  p.  028,  et  seq. 

An  order  dismissing  an  action  with  costs  for  want  of  Order  not 
prosecution  is  not  enforceable  by  attachment  of  debts  under  by^auach.^ 
r.  2  (Cremetti  v.  Crom,  4  Q.  B.  D.  225  ;  48  L.  J.  Q.  B.  337;  "'C"*  "^ 
27  W.  R.  411).  ^'^^'• 

A  garnishee  order  71  isi  does  not  create  a  charge  until  Garnishee 
after  service  on  the  garnishee  {Hamer  v.  Giles,  11  Cli.  D.  °'*^*''^'  "'^''" 
942  ;  Re  Stanhope  Co.,  ih.  160). 

The   attachment   of   a  judgment    debt   overrides    the  Solicitor's 
general  lien  of  a  solicitor  over  the  judgment  in  respect  of ''^°* 
general  costs  due  to  him  from  the  garnishee  (Hough  v. 
Edwards,   1    H.  &  N.  171);    see,   however,  Shippcij  v. 
G^'e2/,49  L.  J.  524;  28  W.  R.  877;  42  L.  T.  673  ;  W.  N. 
(1880),  99  ;  and  the  other  cases  cited,  2)ost,  p.  569. 

A  judgment  creditor  of  the  defendant  in  a  partnership  Hn)»n- v. 
action  obtained  a  garnishee  order  nisi  to  attach  all  moneys 
in  the  hands  of  the  receiver  in  the  action  appearing  to  be 
due  to  the  defendant  on  taking  the  accounts.  On  the  follow- 
ing day  and  before  service  of  the  order  nisi  the  defendant's 
solicitors  obtained,  on  a  summons  served  on  the  receiver,  a 
charging  order  intituled  in  the  action  declaring  that  they 
were  entitled  to  a  charge  for  their  costs  upon  all  mpncys 
coming  to  the  defendant  under  the  action.  On  the  next  day 
the  garnisliec  order  nisi  was  served  on  the  receiver  and  was 
subsequently  made  absolute  ;  and  it  was  held  that  the 
solicitors  were  entitled  to  their  costs  in  priority  to  the  claim 
of  the  creditor  under  the  garnishee  order  both  under  the 
Act  and  independently  of  it  (Hamer  v.  Giles  (M.  R.)  11 
Ch.  D.  942 ;  48  L.  J.  Ch.  508 ;  27  W.  R.  834 ;  41  L.  T. 
270). 

The  costs  of  any  application  for  an  attachment  of  debts,  ^^^^s  of 

,      ~  ,.  .    .  „  ....  ,    apiilication 

and  01  any  proceedings  arismg  from  or  mcidental  to  such  for  attack- 


522  MODES   OF   ENFORCING   PAYMENT   OF   COSTS. 

nicntof      application,  arc  in  tlic  di.scrctiou  of  the  Court  or  a  judge 
'^■''''"''         (Ord.  XLV.  r.  10). 

5. — Chctrglnrj  Order  on  Stods  and  Shares. 

A  oiiar-ing      A  person  to  whom  costs  are  ordered  to  be  paid  may  also 
onlcr  oil      obtain  a  chartrin-^  order  on  any  Government  stock,  funds, 

stook  may  .  ^     °  ,  ,  -  .  ,  ,. 

be ohtiincd  or  annuities,  or  any  stock  or  shares  of  or  in  any  public 
for  costs,  companies  standing  in  the  name  c»f  the  person  by  whom 
the  costs  arc  ])ayablc,  or  of  a  trustee  for  him  (Statute  1  k, 
2  Vict.  c.  llO.ss.  14,  1.') ;  and  sec  Walr  v.  White,  3  Y.  &  C. 
434;  mill  the  form  of  the  order  in  Stanlet/  y.  Bond,  7 
Beav.  3.S())  ;  or  on  any  interest  to  which  the  debtor  may 
be  entitlecl  in  any  such  stocks  or  shares,  or  in  stocks  or 
shares  standinir  in  the  name  of  the  Pavma.ster-Gcncral, 
or  the  dividends,  interest,  or  annual  produce  thereof  (Sta- 
tute '.]  k  4  Vict.  c.  .S2,  s.  1).  In  llW/x  v.  Gihhs,  22  Beav. 
204,  a  chari/inir  order  was  obtained  on  stock  standing  to 
the  credit  of  one  suit,  in  which  <kfcndants  in  another  suit, 
who  had  been  ordered  to  juy  cost.s,  were  interested,  with 
an  interim  stop  order.  No  proceedings  can  be  taken  to 
have  the  benefit  of  the  charge  until  the  expiration  of  six 
calendar  months  from  the  date  of  the  order  (1^2  Vict.  c. 
Willi  nil  110,  s.  14);  but  this  does  not  prevent  the  creditor  from 
bU^onicr.  t'btainiiig  a  stop  order  {Wads  v.  Jefferyes,^  Mac.  ^' G. 
o72  ;  l'>  Jur.  4">')  ;  and  see  Wells  v.  Gibbs);  and  where 
a  charging  order  has  been  made  in  respect  of  a  fund  in 
Court,  a  stop  order  should  always  be  obtained  as  well. 

By  R  S.  C.  Ord.  XLVI.  r.  1 ,  an  order  charging  stock  or 
shares  may  be  made  by  any  Divisional  Court  or  by  any  judge 
(see  Hopewell  v.  Barnes,  1  Ch.  D.  030  ;  24  W.  R.  629  ;  33 
L.  T.  777)  ;  and  the  proceedings  for  obtaining  such  order 
shall  be  such  as  are  directed,  and  the  effect  shall  be  such 
as  is  provided  by  1  cV:  2  Vict.  c.  110,  ss.  14  &  lo,  and  3  & 
4  Vict.  c.  82,  s.  1.  As  to  charging  orders  and  stop  orders 
generally,  see  Dan.  Ch.  Pr.  p.  934,  et  seq. ;  Morg.  Ch. 
Acts  and  Ord.,  p.  582.  An  application  for  a  charging 
order  is  usually  made  by  summons. 


COSTS   TO   BE   PAID   BY   ONE   PARTY   TO   ANOTHER.      523 

A  charging  order  for  costs  cannot  be  obtained  until  the  Costs  must 
costs  have  been  taxed  (WuJgcry  v.  Tcpper  (0.  A.),  6  Ch.  ^^^''^^^'^• 
D.  364  ;  2.5  W.  R.  872  ;  37  L.  T.  297  ;  Jones  v.  Williams, 
8  M.  k  W.  349 ;  Burns  v.  Irving,  3  Ch.  D,  291,  has  not 
been  followed).  A  charging  order  cannot  be  made  abso- 
lute -where  it  appears  that  the  judgment  debtor  was  dead 
when  the  order  ni.<ii  w\as  obtained  (Finncij  v.  Hindc,  4  Q. 
B.  D.  102  ;  48  L.  J.  Q.  B.  27o  ;  27  W.  R.  413  ;  40  L.  T. 
193). 

A  stop  order  may  be  obtained  on  a  cheque  of  the  Pay- 
master-General in  favour  of  the  debtor,  if  it  has  not  been 
delivered  out,  but  it  cannot  be  taken  in  execution  {Courtoy 
V.   Vincent,  15  Beav.  48G).     Defendants   dismissed  with  Dcfend- 
costs    cannot  obtain  a   stop    order   on  funds  afterwards  ^"iggjj^* 
realised  by  the  plaintiff  in  the  suit  {Miller  v.  Priddin,  n/ivc  no 
5  W.  R.  171  ;  and  sec  Flodfon  v.  iVa/.r,  10  L.  T.  3G8).  lZ\Tm 
But  trustees  dismissed  have   been  allowed  costs  out  of  ^^'^  ^"^^• 
the  funds  in  the  suit  (D'Oechsner  v.  Scott,  24  Beav.  239, 
where  the  next  friend  of   a  married  woman  was    insol- 
vent) ;  and  so  a  receiver  (ante,  p.  384). 

Where  costs  arc  ordered  to  be  paid  by  a  corporation,  Charging 
the  order  or  decree  is  a  claim  or  demand  upon  the-ir  pro-  colts  on 
perty  within  the  saving  of  the  02nd  section  of  the  Muni-  rmperty 

1  /-(  •  r      1  T  T  -        T 1 "        I-    X      1   1  "^  corpora- 

cipal  Corporation  Act  (o  ^:  0  \\  ni.  1\  .  c.  /O),  although  they  tion. 
arc  sued  as  trustees  of  a  navigation  ;  and  a  charging  order 
for  such  costs  on  stock  belonging  to  them  was  granted 
(Attorney-General  v.  Corporation  of  Uwtford,  8  W.  R. 
467). 


6. — Arrest  and  Imprisonment. 
(i.)  Cornraittal. 

By  the  Debtors  Act,  1869,  32  &  33  Vict.  c.  62,  s.  5,  the  Committal 
Court  may  commit  to  prison,  for  a  term  not  exceeding  six  Debtors 
weeks  or  until  payment,  any  person  who  makes  default  in  Act.  1860, 
payment  of  any  debt  or  instalment  of  any  debt  due  from  weeks  on 


521  M(»:  ES    f»F   EKFOUCING    TAYMEXT   OF   COSTS. 

proof  of  liiiii  in  pm-suancc  of  any  onlcr  ov  judgniont.  But  it  must 
means.  ^^,  proved  to  the  satisfaction  of  the  Court  that  tlie  person 
making  default  cither  has,  or  has  liad  since  the  date  of  the 
order  or  judgment,  the  means  to  pay  the  sum  in  respect 
of  wliicli  he  has  made  default,  and  has  refused  or  neglected, 
or  refuses  or  neglects  to  pay  the  same. 
Api.lica-  The  applicatiou    to   commit   is    by  motion  on  notice, 

maa'c^"''     according  to  the  practice  applicable  to  motions  to  commit 
for  breach  of  an  injunction  (Gen.  Ord.,  7  -Tan.,  1H70,  r.  10). 
Fry,  J.,    has    held    that    the    order   may  be    made    in 
Chambers  (Burrov's  v.  liarvowK,  10th  March,  1870,  Seton, 
p.  i:.70). 
Proof  of  Proof  of  the  means  of  tin-  p-r-.u  making  default  may 

iiKHiis.  1^^  gj^.^.j^  j,^  ,.^j^,)j  ,„f^n,ier  as  the  Court  think.s  fit  (s.  5).  As 
to  proof  of  means,  sec  Unvpcr  v.  Scvimgeour,  ')  C.  V.  1>. 
3G()  ;  20  W.  R.  2()4.  When  the  judge  of  first  instance  is 
satisfied  that  the  debtor  is  able  to  pay  the  Court  of  Appeal 
\s\\\  notjgenerally  interfere  {Esdaile  v.  Visser,  l.'J  Ch.  D. 
4:21  ;  "J^  W.  W.  i2sl  ;  41  L.  T.  74.')). 
Onlcr.  Tiic  Court  on  hearing  the  motion  may  adjourn  it  and 

either  <nve  Irave  to  adduce  further  evidence  or  direct  an 
inquiiy  in  chambers  as  to  the  means  of  the  person  making 
default,  or  require  the  production  and  oral  examination 
before  itself  of  the  person  making  default  antl  of  any 
persons  who  have  given  evidence  against  or  in  support  of 
the  application  (Gen.  Ord.,  7th  January,  1870,  r.  11).  By 
r.  18  of  the  same  Order  the  Court  in  making  an  order  for 
committal  may  either  make  the  imprisonment  determinable 
on  payment  of  the  whole  sum.  together  with  such  costs  as 
the  Court  shall  think  fit.  or  may  order  the  debt  to  be  paid 
by  instalments  and  make  the  imprisuument  determinable 
on  payment  of  such  costs  and  such  of  the  iu.stalmeuts  as 
the  Court  shall  think  fit,  and  in  either  case  may  direct 
payment  of  a  sum  in  gross  in  lieu  of  taxed  costs.  No 
application  or  order  under  s.  5  will  vary  or  suspend  any  of 
the  remedies  to  which  the  person  prosecuting  the  decree 
or  order  which  has  been  disobeyed  would  have  been  en- 


COSTS   TO    BE    PAID    BY   O^TE    PABa'Y    TO   ANOTHER.       525 

titled  as  against  the  proj)erty  of  the  disobedient  person 
(r.  14). 

By  r.  15  au  office  copy  of  the  order  of  committal  must  Delivery 
be  delivered  to  the  sheriff,  or  other  officer  required  to  copy  of 
execute  it,  and  copies  may  be  delivered  concurrently  to  "j'^*^''^" 
different  sheriffs.     Every  office  copy  must  be  endorsed  by 
the  Master,  with  the  direction  to  the  officer  by  whom  the 
same  is  to  be  executed.     The  sheriff"  must  endorse  the 
date  of  the  arrest  upon  the  office  copy  of  the  order,  and 
return  the  same  so  endorsed  to  the  solicitor  of  the  party 
prosecuting,  or  to  the  party  himself  if  he  acts  in  person 
(r.  16). 

Upon  payment  of  the  sum  mentioned  in  the  order,  and  Discharge. 
the  fees  and  the  costs,  the   person   committed   will   be 
entitled  to  a  certificate  of  payment,  and  will  be  discharged 
(r.  17  ;  Debtors  Act,  1869,  s.  5). 

By  r.  18  in  case  any  order  is  made  under  s,  5  of  the  Attach- 
Act  for  payment  by  instalments  and  the  person  imprisoned  ]"|j"p,jy!! 
shall  after  his  discharge  from  prison  neglect  or  refuse  to  i"^'"''  "^  •»- 

ii  ,  ,    •      i    1  i       ,1  •         staluicnts, 

pay  the  subsequent  instalments,  the  person  prosecutmg 
the  decree  or  order  for  disobedience  to  which  the  com- 
mittal was  ordered,  shall,  in  addition  to  his  remedies  against 
the  property  of  the  person  making  default  be  entitled  to 
enforce  payment  of  such  subsequent  instalments  by  at- 
tachment as  in  case  of  disobedience  to  an  order  directing 
the  performance  of  some  act  other  than  the  payment  of 
money.  As  to  enforcing  orders  by  attachment,  see  j^ost, 
p.  527. 

An  order  for  payment  of  costs  constitutes  a  debt  within  Costs  arc 
s.  5  capable  of  being  enforced  by  committal  for  six  weeks  ;  '•'^'^^^^^ 
see  Hewltsun  v.  Sherwin,  10  Eq.  53;  18  W.  R.  802  ;  22 
L.  T.  576  ;  R.  v.  Pratt,  L.  R.  5  Q.  B.  176;  39  L.  J.  M.  C. 
73  ;  18  W.  R.  626  ;  S.  C.  suh  nam.  Ex  parte  Cole,  21  L. 
T.  750.  An  order  may  be  made  on  a  married  woman 
(Dillon  V.  Cunningham,  L.  R.  8  Ex.  23). 

Where  the  order  is  for  payment  by  instalments  each  Order  for 
instalment  constitutes  a  separate  debt,  for  default  in  pay-  P'^J*"^"* 


520  MODES   OF   ENTORCIN'G    PAYMENT   f'F   COSTS. 

i.y  instill,    ment  of  wliicli  the  debtor  may  be  committed  for  six  weeks 
"""^'-        (Evans  v.  Wills,  1  C.  P.  T).  22!) ;  4:,   L.  J.  C  P.  420  ;  24 
W.  K.  S83  ;  34  L.  T.  G70  ;  Hur^nail  v.  Brucr,  L.  R.  8  C. 
P.  37-S) ;  but  a  second  warrant   of  commitment   cannot 
issue  in  respect  of  the  same  debt  {Evann  v.  Wills). 
Excrution        Every  order  of  committal  must  be  issued,  obeyed,  and 
executed  in  the  like  manner  as  a  writ  of  c<(.  m.  (s.  5) ;  but 
the  power  to  commit  under  this  section  is  not  as  in  writs 
of  C((.  Kif.  limited  to  one  year  from  the  date  of  the  judg- 
iiKiit,  and  tho  order  may  be  executed  so  lonj,'  a.s  the  judg- 
ment remains  in  lV)rce  (//»/'//*//"'/''  v.  KHjhh,  L.  11.  !)  Kx. 
205  ;  43  L.  J.  Ex.    1:^7  :  -2-2    W.   K.  (i(il  ;  30  L.  T.  n73). 
As  to   the  writ   of  ca.  M.,  bcc  Arch.  Practice,  13th  ed. 
p.  602. 
Onkr  The  order   must   be   for  an   immediate  committal  and 

V""*.^  '"^      should  fix  a  Lrross  sum  to  be  paiil  for  the  costs,  otherwise 

for  iiiiiiic-  »  '  ... 

.ii:it.- ...Ill-    tlie  person   committed   would   have  to   remain  in  prison 
'""*"'■         until  the  csts  wire  taxed;  sec  Jiojers  v.  Jiutjers,   19  W. 
K.  317,  374  :  2:1  L.  T.  700  ;  Setou,  p.  1500. 

Where  a  tru.stL-e  in  li«|uidation  was  ordered  to  pay  the 
taxed  costii  of  the  .solicitor  and  the  costs  of  the  motion  on 
which  the  order  was  made,  and  on  default  was  committed 
lor  six  weeks,  it  was  held  that  the  order  was  wrong,  so  far 
as  it  related  to  the  costs  of  the  motion,  and  must  be  dis- 
charged {Ex  jxrrte  ^'^harp,  re  H'uul,  37  L.  T.  108;  W.  N. 
(LS77),  212^. 
Policy  of         As  to  the  policy  and  eOVct  of  the  Debtors  Acts,   1809 
u^tf'^^'"'^"^^  187^,  and  how  fur  they  are  vindictive,  see  Marvis  v. 
Lujmin,  (M.  R.)  13  Ch.  D.  33.S  ;  49  L.  J.  Ch.  123  ;  28  W. 
R.  434:  41  L.  T.  013;  Barntt  v.  Iliinunond,  (V.  C.  B.) 
10  Ch.  D.  2N.') ;  48  L.  J.  Ch.  249  ;  27  W.  R.  471  ;  Hired  v. 
Hope,  (V.  C.  M.)  10  Ch.  D.  2.s0,  n.  ;  27  W.  R.  470. 
.Solicitors'        Tlic  cliargcs  to  be  allowed  to  solicitors  for  duties  per- 
aluUees  of  formed  in  respect  of  the  proceedings  and  the  fees  of  Court 
Court.        iji  respect  of  the  same  proceedings  are  the  same  as  those 
allowable  and  payable  in  respect  of  other  proceedings  of 
the  same  nature  in  the  causes  or  matters  in  which  such 


COSTS    TO   BE    PAID    BY    ONE    PARTY   TO   ANOTHER.       527 

proceedings  respectively  are  taken  (Gen.  Onl,  7tli  January 
1870,  r.  20). 


(ii.)  Attachment. 

Formerly  if  any  party  or  person  refused  or  neglected  to  Writ  of 
obey  a  decree  or  order  of  the  Court  he  was  liable  to  "pro-  ;'""*''" 
cess  of  contempt."     The  process  was  originally  by  writ  of '"''"  ' 
attachment,   attachment  with  proclamations,  commission 
of  rebellion,  serjeant-at-arms  and  sequestration.     But  the 
writ  of  attachment  with  proclamations  and  the  commis- 
sion of  rebellion   are  for   these  purposes  abolished,  and 
process  of  contempt   is  reduced  to    1st,   writ  of  attach- 
ment ;  2nd,  serjeant-at-arms  ;  and  :h-d,  sequestration. 

An  attachment  can  only  be  issued  for  non-payment  of  When 
costs  in  cases  within  the  Debtors  Act,  18G9;  .see  Esdalle  '''"^'^• 
V.  Visser,  13  Ch.  T).  421 ;  28  W.  R.  281  ;  41  L.  T.  745 ; 
Ueivltson  V.  Sherwin,  10  E((.  ,5.3  ;  18  W.  K  802  ;  22  L.  t! 
57G.     Tho.se  cases  are  :  (1)  Where  a  person  is  oidured  to 
pay  by  instalments  under  s.  5  of  the  Debtors  Act  and  after 
his  discharge  makes  default  in  payment  of  any  subsequent 
instalment  (Gen.  Ord.,  7th  January,    1870,  r.   18).      (2) 
Where  a  .solicitor  fails  to  joay  costs  which  he  has  been 
ordered  to  pay  for  misconduct  as  solicitor  (.s.  4,  sub-s.  4). 
(1.)  As  to  the  first  of  these,  see  ante,  p.  525. 
(2.)  Section  4  of  the  Debtors  Act,  18G9,  provides  as  Solicitor 
follows  : — "  With  the  exceptions  hereinafter  mentioned  no  '^'"^l^'eJ  to 
person  shall   after   the   commencement   of  this   Act   be  foT.ni.s-' 
arrested  or  imprisoned  for  making  default  in  payment  of  ^^""'^"f 
a  sum  of  money.     There  shall  be  excepted  from  the  opera- ''' "" '" 
tion  of  the  above  enactment.     .     .     .      (4.)  Default  by 
an  attorney  or  solicitor  in  payment  of  costs  when  ordered 
to  pay  costs  for  misconduct  as  such,  or  in  payment  of  a 
sum  of  money  when  ordered    to   pay   the   same   in   his 
character  of  an  officer  of  the  Court  making  the  order ;  " 
provided  that  no  person  shall  be  imprisoned  in  any  ex- 


528  M<»Di:s    OF   ENFOUCING   rAY3IEKT   OF   COSTS. 

cepted  case  for  a  longer  period  than  one  year,  and  that 
nothing  in  the  section  is  to  alter  the  effect  of  any  judgment 
or  order  of  any  Court  for  payment  of  money  except  as 
regards  the  arrest  and  impri.-onmont  of  tlie  person  making 
default. 
r.iTetof  By  11.  S,  ('.  Ord.  XLIV.  r.  1,  a  writ  of  attadnuent  is  to 

iittadi-        ]iave  the  .same  effect  as  a  writ  issued  out  of  the  Court  of 

lllCllt. 

(':imi..t       Chancery  formerly  had.     By  r.   2  of  the  same  Order  no 
'"■  i'^'"'"*     writ  of  attachment  may  be  issued  without  the  leave  of  the 

williiiut  .  1-     1   /• 

kiivi:.         Court  or  a  juoge  to  be  applied  for  on  notice  to  the  party 

against  whom  the  attachment  is  to  be  is.sued. 
D.i.iors  J>y  the  Debtors  Act,  1«7.S  (41  &  42  Vict.  c.  54),  s.  1, 

Act,  IS/ 8.  jjj  j^jjy  p.^^.^,  coming  within  exception  4  tif  the  4th  section 
of  the  Debtors  Act,  ISGJI,  the  Cuurt  «>r  juilge  making  the 
order  for  payment,  or  having  jurisdiction  in  the  act  or  pro- 
ceeding in  which  the  order  for  payment  is  made,  may 
iiKjuire  into  the  case,  and  (subject  to  the  provisoes  con- 
tained in  s.  4)  may  grant  or  refuse,  either  absolutely  or 
ui)''n  terms,  any  application  fur  a  writ  of  attachment  or 
other  process  or  order  ft»r  arrest  and  imprisonment,  and 
any  application  to  stay  the  operation  of  any  such  writ  or 
process  or  order,  or  for  discharge  from  arrest  or  impri.son- 
luent  thereunder.  See  before  this  Act  Kuans  v.  Bear,  10 
Ch.  70. 
Priviio-ea  No  attachment  can  be  issued  against  a  peer,  member  of 
I ii-soiis.  parliament,  or  other  privileged  pei-son  ;  the  proper  mode 
of  recovering  the  costs  in  such  a  case  is  by  sequestration, 
as  in  the  case  of  costs  ordered  to  be  paid  by  a  corporation 
aggregate, 
rriviio'cof  ^^  person  who  is  excepted  from  tlie  operation  of  s.  4, 
i.uiknrit.  and  therefore  liable  to  be  attached  will  nevertheless  if  he 
become  bankrupt  be  protected  pending  the  bankruptcy 
proceedings  {Cohliam  v.  Dalton,  10  Ch.  Coo  ;  Phosphate 
Sewage  Co.  v.  Hartmont,  25  W.  R.  743);  secus  where  the 
attachment  is  not  for  payment  of  a  sum  of  money,  but  for 
punishment  {Re  Deere,  10  Ch.  G58),  or  the  bankruptcy 
takes   place   after    the   attachment    {Earl   of   Leives   v, 


COSTS  TO  BE  PAID  BY  0^•E  PARTY  TO  AXOTHER.   520 

Barnett,  G  Ch.  D.  252).     A  compounding  debtor  has  no 
such  protection  {Pashlcr  v.  Vincent,  8  Ch.  D.  825). 

Service  of  the  notice  of  motion  on  the  solicitor  on  the  Service  of 
record  of  the  party  to  be  attached  is  sufficient  (Bmwnbui  Tl-''  "^ 
V.  Sahin,  o  Cii.  D.  511 ;  Bichards  v.  Kitchen,  25  W.  R. 
G02;  but  see  ManuY.  Perry,  W.  N.  (1881)  4;  70  L.  T.  186); 
or  the  notice  may  be  served  by  leaving  it  at  the  residence  of 
the  party  {Re  a  Solicitor,  14  Ch.  D.  152 ;  28  L.  T.  310;  S.  C. 
sub  nom.  Re  Rijan,  28  W.  R.  520).     An  order  for  attach- 
ment obtained  without  notice  will  be  discharged  {Dallas  v 
Glyn,  3  Ch.  D.  100  ;  46  L.  J.  Ch.  51 ;  24  W.  R.  881  ;  34 
L.  T.  807;  Re  a  Solicitor,  1  Ch.  D.  445;  24  W.  R.  103). 
As  to  service  when  the  residence  of  the  partv  is  not  known, 
see  Tilney  v.  Stansfcld,  28  W.  R.  582  ;  W.'x.  (1880),  77! 
No  date  need  be  specified  for  the  return  of  the  writ  by 
the  sheriff  {Owen  v.  Pritchard,  W.  N.  (187G),  147). 

A  writ  of  attachment  may  be  ordered  to  issue  on  a 
notice  of  motion  to  commit  for  contempt  {Piper  v.  Piper, 
W.  N.  (1876),  202) ;  but  where  leave  has  been  given  to 
issue  a  writ  of  attaciiment  an  order  for  committal  will  not 
be  made  instead  without  serving  a  fresh  notice  of  motion 
{Buist  V.  Bridge,  20  W.  R.  117;  43  L.  T.  432;  W.  N. 
(1880),  17G).  An  exact  copy  of  the  order,  for  non-com- 
pliance with  whicli  the  attachment  was  issued,  must  be 
served  ;  otiierwise  the  attachment  will  he  set  aside  {In  re 
Holt,  11  Ch.D.  168;  27  W.  R.  485;  40  L.  T.  207;  and 
see  Soton,  p.  1507). 

By  r.  7  of  the  Gen.  Ord.,  7  Jan.,  1870,  M'hcre  by  any  Solicitor 
decree  or  order  a  solicitor  is  ordered  to  pay   in  a  limited  °'"''ered  to 

.  /»  •  I     •/  *  i>*iv  costs 

time,  costs  for  misconduct  as  such  solicitor,  and  neglects  or  for  nu^.' 
refuses  to  pay  the  same  according  to  the  exigency  of  such  '°"'^"'*- 
decree  or  order,  the  person  prosecuting  the  decree  or  order 
sliall  at  the  expiration  of  the  time  limited  thereby  for  the 
performance  thereof  be  entitled,  at  his  option,  either  to  a 
commission  of  sequestration,  or  to  a  writ  of  attachment. 

For  an  order  for  attachment  against  a  solicitor  who  had  Attach- 
failed  to  pay  costs  whicli  he  had  been  ordered  to  pay  for  ^JfJ^f^ 

M   M 


530  3K»I)ES   OF   ENFORCING    PAYMENT   OF   COSTS. 

misconduct,  sec  T'dncy  v.  Starxfiffhl ,  '2^  W.  K.  '"^^  ;  W. 
N.  (1880)  77. 

A  solicitor  may  l>c  attacliod  for  default  in  pavment  of  a 
l>alance  found  due  from  liim  upon  taxation  of  his  l»ill  of 
costs  under  tlio  common  onler  {lie  Rush,  f)  Ya\.  147  ;  18 
W.  R.  .'l:n  ;  /iV  M'hUe,  10  W.  R.  .SO  ;  23  L.  T.  :{n7  ;  ami 

sec    Ih   V ,  Ir.   R.   8  Efj.   3.'>.')).     But    he  cannot  he 

attached  for  non-payment  of  costs  incurred  simply  as  an 
unsuccessful  litii,^int  (7^''  Hope,  7  C\\.  'i'2•^:  ovcrnding  Jic 
JiarfuUJ  aivl  Rush,  V)  W.  R.  A(S{\ ;  24  L  T.  248). 

The  ri^lit  to  an  attachment  may  be  lost  hy  making 

terms  with  the  solicitor  {Hanry  v.  Jlult,  IG  E<].  .324). 

Rctunid  There    are  two  returns  which  the  .sherifTmay  make  to  a 

J,^iJ^',['^  "^  writ  of  attachment:   1st,  If  he  arrests  the  ptrscm  in  con- 

ro<^»'-         tempt  and  sends  him  to  pri.sou,  or  finding  him  in  custody 

detains   him,    he    returns    "  attached    and    imprisoned." 

2nd,  If  he  is  unable    to   find    him,  lie  retunis  non  est 

inirntmi. 

The  attachment  is  not  bailable,  and  if  the  shcrifl'  lets 
out  on  V)ail  a  party  attached  for  non-payment  of  costs,  he 
is  resjviH^iMf  :   st  c   flu-  cases  citrd  diifr,  p.  .";».  and  ]io8t, 

p.  .-jS:.. 

1.  Inipri-        I^  *''e  .sherift'  returns    'attached  and   imprisoned,"  (he 
f^mmcui  or  ^lisubcdiont  person  rem.ains  in   prison  until  he  clears  his 

(U-tcution.  ,     ,       •  1       r      1  •     J-     1  •       1- 

contempt  and  obtains  an  order  for  his  discliarge,  or  is  dis- 
chartred  in  due  coui»e  of  law.  In  aildition  to  this,  the 
jterson  jnosccuting  the  judgment  or  order  is  entitled  to  a 
commission  of  sequestration  against  the  estate  and  effects 
of  the  prisoner  (Gen.  Ord.,  7  Jan.,  1*^70,  r.  <;».  As  to  the 
mode  of  obtaining  a  sequestration,  see  </»/*',  p.  .')19.  Since 
the  Debtors  Act,  18GJ),  sequestration  may  be  issued  as  if 
the  debtor  had  been  actually  arrested  (s.  8,  Debtore  Act, 
18G0 ;  Syhrs  v.  Dysoi},  9  E<i.*228  ;  30  L.  J.  C'h.  288). 
1.  Xon  fst  If  the  sheriff  returns  non  est  inventus,  the  person  pro- 
tnrcntuf.  j-^p^^^jj^g  ^\^q  contempt  is  entitled  at  his  option,  either  to  a 
commission  of  sequestration  in  the  first  instance,  or  to  an 
order  for  the  serjeant-at-arms,  and  to  such  other  process 


COSTS   TO    BE    PAID    BY    ONE    PARIY    TO   ANOTHEBx.       531 

as  he  Wcis  formerly  entitled  to  upon  a  return  non  est  in- 
ventus made  by  the  commissioners  named  in  a  commission 
of  rebellion  issued  for  the  non-performance  of  a  decree  or 
order  (G.  0.,  1870,  r.  6). 

An  order    for    sequestration  in  the    first    instance,    or  ^"^^r  for 

,  »  ,  .  1111       sequestra- 

an  order  for  the  serjeant-at-arms,  may  be    obtamed   by  tiou  or 
motion  of  course,  supported  by  the  production  of  the  at-  ^^"^^^"* 
tachment  and  the  sheriff's  return  (Dan.  Ch.  Pr.  6th  ed., 
p.  889). 

After  an  order  has  been  made  for  a  serjeant-at-arms, 
the  registrar  will  on  request  draw  up  the  order,  and  deliver 
it  to  the  serjeant-at-arms,  or  his  deputy,  who  thereupon 
endeavours  to  apprehend  the  j^arty  prosecuted,  and  bring 
him  into  Court  to  answer  his  contempt,  if  he  can.  But  if 
he  cannot,  the  order  for  a  serjeant-at-arms  will  not  bo 
discharged,  nor  the  contempt  thereupon,  without  a  certifi- 
cate, undL'r  tliL'  hand'of  the  serjeant-at-arms,  that  his  fees 
have  been  paid  ;  and  after  the  order  has  been  drawn  up 
and  passed,  no  private  or  other  agreement  can  be  ma<k' 
between  the  party  prosecuting  the  contempt  and  the 
person  standing  in  contempt,  or  on  their  behalf,  for  a  com- 
promise of  the  suit  or  discharge  of  tlie  contempt,  unless 
satisfaction  be  made  to  the  serjeant-at-arms,  and  a  certifi- 
cate thereof  be  produced  to  the  Court  (Cons.  Ord.  XXX., 
r.2). 

If  the  serjeant-at-arms  apprehends  the  disobedient  per-  Turn  over. 
son,  he  brings  him  to  the  bar  of  the  Court,  and  the  person 
prosecuting  tiic  contempt  moves  that  the  person  in  contempt 
may  be  turned  over  to  Holloway  Prison,  and  an  order  may 
be  made  accord ingl}'^ ;  thereupon  a  writ  of  sequestration 
may  be  issued.  If  the  serjeant-at-arms  finds  the  disobe- 
dient person  in  custody,  he  lodges  a  detainer  against  him, 
and  returns  the  writ  accordingl3\  If  he  returns  non  ed 
inventus,  the  next  step  is  the  writ  of  sc(iucstration. 

If  the  serjeant-at-arms,  after  taking  the  prisonci',  suffers  Secoml 
him  to  escape,  there  may  be  a  second  order  for  a  serjeant-  serjeant- 
at-arms  {^f orris  v.  Smith,  8  Siui.  33).  ^^•'''''"'• 

II   M   2 


532  MODES    OF   EKFORCIXG    PAYMENT   OF   COSTS. 

Aitacli-  Wlicrc  the  party  was  proved  to  be  abroad,  the  Court 

iT'iis-'"^  dispensed  witli  tlic  attachment  2>ro  forma  as  a  foundation 
i.ciiKcd  for  subse<iucnt  process  (Ifofhjson  v.  Jfo'ff/sov,  2*]  Beav. 
'"^''"  (m  ;  Jic  E<id  of  Knfihnyl  linvh;  2  Dr.  .V-  Sm.  284;  10 

Jur.  N.  S.  100.'?  i  ^^  W.  R.  12s).  In  W€f<1hy  v.  M'cslhy, 
5  De  G.  L^'  S.  .")1(I,  wliere  the  party  was  abroad  there  does 
not  appear  to  have  been  cither  an  attachment  or  an  order 
for  a  serjeant-at-arms  before  issiiincj  the  sequestration  ; 
and  sec  ante,  p.  •'••{O. 
CosJs  of  Wlierc  a  plaintiff  is   in  contempt  for  non-payment  of 

!"!!!'  '.'?i:  the  costs  of  an  interlocutory  application,  the  defendant  to 
ciitiuiis.  whom  the  cost,s  are  payable,  or  some  of  the  defendants,  if 
more  than  one,  may  obtain  an  order  on  motion  that  all 
proceedings  be  stayed  until  the  plaintift'  has  cleared  his 
contempt  {liradlnri'u  v.  S/toire,  14  Jur.  1042;  and  .see 
Wihoii  V.  Batcti,  3  My.  ».^-  C.  lit?,  20.S)  ;  and  if  the  plain- 
tilfs  arc  husband  and  wife  suing  jointly,  a  motion  against 
the  husbnml  alone  is  not  informal  (Iii'<ii/I,urj/  \.  ,S/i<nvc). 
l]ut  this  is  as  far  as  the  Court  will  go  ;  and  if  the  plaintiff 
continues  to  make  defaidt,  no  order  can  be  obtained 
that  he  clear  his  contem])t  within  a  limited  time,  or 
in  default  the  action  l»e  dismis.sed  with  costs;  see 
Gould  V.  T^rine,  4:5  L  .1  Ch.  3cSl  ;  22  W.  R.  :m ; 
:}()  L.  T.  24.S  ;  W.  N.  (1^74)  (is.  As  to  what  proceed- 
ings in  the  cause  may  be  taken  by  a  party  in  con- 
tempt, see  Dan.  Cli.  Pr.  <ith  ed.  1M)4 ;  and  see  also 
XiU'fou  V.  Jiicleits,  11  Beav.  G7,  where  it  Avas  held 
that  a  person  to  whom  costs  are  awarded  may  proceed 
with  the  taxation  though  he  is  in  contempt ;  and  Story 
V.  Official  Manager  of  National  Insuntnce  Co.,  2 
N.  R.  8'>1,  where  it  was  held  that  the  plaintiff,  though  in 
contempt,  might  file  replication  in  answer  to  a  motion  to 
dismiss  for  want  of  prosecution.  A  person  in  contempt 
for  non-payment  of  costs  may  move  to  set  off  costs 
{Catti'Il  V.  Simons,  0  Beav.  oOO);  but  he  cannot  apply 
for  the  costs  of  an  abandoned  motion  {Ellis  v.  Wal- 
meslcy,  4  L.  J.  Cb.  4lil ;  C.  P.  C.  temp.  Cottcnham,  207). 


COSTS   TO   BE   PAID   BY   ONE   PARTY   TO   AXOTHER.      533 

As  to  staying  a  fresh  suit  by  parties  in  default  for  non- 
payment of  costs,  see  post,  p.  530. 

The  costs  of  an  attachment  are  no  longer  fixed,  but  are  <-'osts  of 
in  the  discretion  of  the  Court  {Ahml  v.  Riches,  2  Ch.  D.  S.'" 
528;  45  L.  J.  Ch.  649;  24  \Y.  R.  (J37  ;  34  L.  T.  718)  ; 
they  should  be  applied  for  at  the  same  time  as  the  writ 
{ibid.;  and  see  Tllncij  v.  Stansfeld,  28  W.  E.  582;  W. 
N.  (1880)  77). 

A  person  who  has  cleared  his  contempt  cannot  be  de-  Costs  of 
tained  in  prison  for  non-payment  of  the  costs  of  his  con-  ^•'"^^'"'i'*- 
tempt ;  but  the  Court  in  ordering  his  discharge  will  make 
it  part  of  the  order  that  he  pay  the  costs  of  his  contempt 
and  of  the  motion  to  discharge  him  (Jaclson  v.  Maivhy,  1 
Ch.  D.  86 ;  45  L.  J.  Ch.  53 ;  24  W.  K.  92  ;  Mid-cUhwalte 
V.  Fletcher,  27  W.  R.  793;  Baker  v.  Baler,  W.  N.  (1876) 
256).  There  is  no  difference,  in  fact,  between  the  costs  of 
clearing  a  contempt  and  any  other  costs  in  an  action.  But 
where  an  order  had  been  made  that  on  payment  of  certain 
costs  a  prisoner  committed  for  contempt  should  be  re- 
leased and  he  failed  to  pay  the  costs,  Bacon,  V.  C,  held 
that  inasmuch  as  the  prisoner  had  not  purged  his  con- 
tempt he  was  not  in  prison  for  debt,  or  entitled  to  be 
released  ;  and  the  Court  of  Appeal  declined  to  interfere 
{1)1  re  M.,  46  L.  J.  Ch.  24  ;  S.  C.  siLh  nam.  S.  v.  L.,  W.  N. 
(1876)  220). 

When  the  person  arrested  has  cleaved  his  contempt  by  Discharge, 
paying  the  amount  due,  or  has  been  imprisoned  for  twelve 
months  for  non-payment  (unless  indeed  the  C^ourt  releases 
him  sooner  under  the  Debtors  Act,  1878),  he  is  entitled 
to  his  discharge. 

The  application  to  discharge  is  made  on  notice  in  the  How  ap- 
usual  way,  and  must  be  supported  by  an  affidavit  showing  ^"^'^  ^°'"' 
the  grounds  of  the  claim  for  discharge.  The  prisoner 
cannot  be  discharged,  even  after  the  twelve  months  have 
expired,  without  an  order  of  the  Court  (Re  Thompson, 
Nalty  V.  Aylett,  43  L.  J.  Ch.  721 ;  30  L.  T.  783  ;  22  W.  R. 
857 ;  W.  N.  (1874),  182  ;  but  see  Re  Byrne,  6  L.  R.  Jr.  455). 


134 


MODES   OF   ENFORCING    PAYMENT   OF   COSTS. 


DiNcliargo 
of  i>risoiier 
%>itliout 
jiaymcnt 
of  costs  (if 
coiiteniiit 
liy  waiver 
of  otlicr 
liarly. 


A  person 
once  dis- 
charge il 
cannot  l>o 
retaken. 


Until  the  order  for  discharge  has  been  obtained,  the 
gaoler,  wliose  duty  it  is  to  obey  the  wanant,  is  not  liable 
in  damages  for  detaining  a  }:)risoner  who  is  in  custody  under 
the  ordinary  writ  of  attachment  {Greaves  v.  Keene,  4  Ex. 
D.  1'.\  ;  sccus,  if  the  time  of  detention  is  e.Kpressed  in  the 
warrant  of  committal  (Moone  v.  liosc,  L.  R.  4  <^>.  B. 
41  (J). 

As  to  discharge  on  the  ground  of  irregularity  in  process, 
see  Daniell's  Chancery  Practice,  Gth  cd.,  p.  007 ;  and  as  to 
discharj/o  under  statute  11  Geo.  IV.  and  1  Wm.  IV.,  c.  3(), 
s.  1.'),  ill  the  case  of  a  pauper,  sec  ihiil,  p.  902;  ante, 
]..  :{7(i.  In  Jk-  Combe  v.  De  Combe.  H  Jur.  N.  S.  712,  the 
Court  allowLil  a  small  sum  out  of  the  corpus  of  the  estate 
to  the  executrix  and  tenant  for  life,  for  payment  of  the 
costs  of  a  contempt  committeil  by  her. 

Where  the  plaintitY  waived  the  contempt,  the  defendant 
was  always  entitled  to  be  discharged  without  paying  the 
costs  of  it ;  (V.  (jr.  where  the  plaintitf  under  the  old  practice 
rejilied  to  the  defendant's  answer  {Haynes  v.  Ball,  5  Beav. 
140  ;  Olilpihl  V.  CobU'ff,  1  Ph.  'u)9) ;  or  amended  his  bill 
after  the  defendant  had  filed  his  answer  [Gratj  v.  Campbell, 
1  R.  &  M.  328),  or  before  {Ball  v.  Etches,  ibid.  324)  ;  but 
not  if  he  only  obtained  an  order  to  amend  without  filing 
the  amendments  {Liciwjstone  v.  Cooke,  9  Sim.  468)  ;  or 
neglected  to  bring  the  plaintiff'  up  to  the  bar  of  the  Court 
within  the  time  limited  by  Cons.  Ord.  XII.  rr.  2,  3 
{Fortescae  v.  Hallett,  5  W.  R.  747  ;  and  see  now  ante, 
p.  333).  A  prisoner  once  entitled  to  be  discharged  can- 
not waive  that  right  {Haynes  v.  Ball,  4  Beav.  101  ; 
Greening  v.  Greening,  1  Beav.  121).  But  whore  the 
party  is  not  in  custody,  and  seeks  to  set  aside  proceedings 
founded  on  the  attachment,  waiver  of  irregularities  on 
the  attachment  is  a  valid  objection  to  his  motion  {Needkam 
v.  Keedham,  1  Ph.  G40). 

If  a  person  has  been  once  legally  taken  under  a  writ  of 
attachment,  he  cannot  after  being  once  discharged  be 
a'j;aiu  taken  under  the  same  process  ;  but  secus,  where  the 


COSTS  TO  BE  PAID  BY  ONE  PARiy  TO  ANOTHER.  oS) 

first  taking  \Ya.s  only  irregular  (ex.  gr.  cftected  iu  a  privi- 
leged place)  and  therefore  nugatory  (Andrewes  v.  Walton, 
1  Mac.  &  G.  380). 
If  the  sheriff  let  the  prisoner  go,  ho  may  be  committed  Liability 

1  ••  /yr       1    1  T->  ..TN'i     of  sheriff, 

by  orders  nisi  and  absolute  (A e?ua»  v.  Baron,  1  Dick.  &c.,iiniiro- 
89)  ;  and  he  may  be  ordered  on  motion  to  compensate  the  ^!'f'^|:y^^'^" 
party  at  whose  instance  the  writ  was  issued  in  damages  prisoner. 
(as  to  which  and  the  measui*e  of  the  sheriff's  liability,  see 
Moore  v.  Moore,  25  Beav.  8  ;  4  Jur.  N.  S.  250;  27  L.  J. 
Ch.  385,  and  tlie  other  cases  cited  ante,  p.  59).     So  the 
marshall  of  the  King's  Bench,  to  whose  custody  a  prisoner 
in  the  custody  of  the  sheriff  under  an  attachment  by  the 
Court  of  Chancery  had  been  turned  over  by  habeas,  was 
made  answerable  in  damages  for  letting  his  prisoner  go 
(Delves  v.  Beresford,  5  Sim.  531).     Obedience  to  a  writ  cf 
habeas  corpus  may  be  enforced  by  the  process  of  contempt 
(Croivleijs  case,  2  Swans.  73).     If  the  sheriff  makes  no  Sheriff, 
return  to  the  writ,  the  practice  is  to  obtain  an  order  that  'V"'  .^^'^" 

...  .  .  obeying 

he  return  the  ^vTit  within  a  given  time  or  stand  committed,  wit  of 
and  in  default  to  obtain  a  final  order  for  his  committal  or'makhi" 
(Clough  V.  Cross,  2  Dick.  ooo).  He  ma}'-  also  bo  amerced  by  "o  return. 
the  Court,  Where  the  sheriff  let  the  prisoners  out  on  bail 
and  made  no  return,  they  having  performed  the  act  for 
default  in  which  they  were  attached  and  tendered  the  costs 
of  contempt,  a  motion  that  he'should  return  the  writ  was 
granted  with  costs  ;  and  it  was  held,  that  it  was  not  com- 
petent for  him  to  show  that  the  plaintiff  had  sustained 
no  damage  (Sugdea  v.  IIuU,  28  Beav.  2G3) :  but  no  order 
wasmade  on  a  subsequent  motion  for  the  sherifftopay  the 
costs  of  a  messenger  to  bring  up  the  defendants  and  other 
costs  (ibid.).  In  CoUanl  v.  Hare,  5  Sim.  10,  where  the 
sheriff  re-took  the  prisoners  before  he  made  a  return  to 
the  writ,  no  order  was  made  upon  him  to  pay  costs.  If 
the  sheriff  improperly  returns  that  he  has  taken  bail,  a 
messenger  will  be  ordered  to  go  (Coivdray  v.  Cross,  24 
Beav.  445). 

A  messenger  having  a  defendant  in  custody  under  an 


530  MODES    OK    ENFORCING    I'AYMENT   OF   COSTS. 

attaclimciit  and  liaving  afterwanls  let  liim  go  upon  an 
undertaking  to  j»:»y  tlie  costs,  cannot  use  the  process  of 
the  Court  to  enlorce  payment  {Jenkins  v.  Sumli/K,  Jac. 
233). 


7. — Stuy'uvj  a  second  action  hy  persons   in   default 
for  u\on-payiiicnt  of  costs. 

Parties  in         Jf  a   jdainlilT  whoso  action  1ms  been  disnussed   with 

default  for  .        .  r       i  •  i      •  i  *i 

non-pay-     costs   institutes  a  fresh  suit  relating  to  the  same  matters, 
nunt  (.f       procecdiiiL's  in  it  will  he  staved  until  tlie  costs  of  the  first 

vastH  ("ail-      '  "  ,  *  T         f  TF    11  1 

not  insti-  action  are  pai<l  (Pickett  v.  Loggon,  5  Ves.  /02;  Ilolhrooke 
pr^a-cjlnS  V.  Cracroft,  Ihui,  70fi.  n.  ;  naUhnjn  v.  Mala,  3  Anstr.  83.',  ; 
for  the  Ldutour  V,  IIi>U'omhv,  11  Boav.  (124;  liuihje  V.  Jitlihjc,  12 
inattcrs.  Hoav.  3s.'))  ;  but  tlic  sccond  statement  of  claim  must  bo 
such  that  it  could  have  been  produced  by  a  fair  amend- 
ment from  the  first  (Jiudfje  v.  Ihuhjc  ;  and  see  TuyUtr  v. 
Taylor,  12  Beav.  221).  So  where  the  plaintiff  abandonetl 
proceedings  in  a  matter  and  instituted  a  suit  {Foley  v. 
Siiiith,  12  Beav.  l.')4)  ;  or  where  a  person  makes  succe.s- 
sive  claims  in  a  winding-up  for  .substantially  tlie  .same 
matter  {Re  United  Klnfjdtnn  Kleitrlc  Telegraph  Co., 
45  L.  J.  Ch.  SCO  ;  24  W.  R.  ."i4(;.  o«)3  ;  and  .see  Re  Orrell 
Colliery  Co.,  2.S  W.  U.  14.')) ;  but  where  an  action  in  the 
Chancery  Division  for  the  administration  of  the  estate  of 
an  intestate  was  dismissed  for  want  of  prosecution,  and 
the  i»laintiff  then  commenced  a  fresh  action  in  the  Pro- 
bate Division  for  revocation  of  the  letters  of  administra- 
tion, the  Court  refused  to  order  a  stay  of  proceedings  until 
the  costs  of  the  administration  action  had  been  paid 
{Uankln  v.  Turner,  4S  L.  J.  P.  D.  &  A.  38;  27  W.  R. 
232  ;  30  L.  T.  611).  Where  a  bill  was  dismissed  by  con- 
sent and  the  jdaintitY  then  filed  a  fresh  one,  which  was 
virtually  a  copy  of  the  former  bill,  proceedings  in  the 
sccond  suit  were  stayed  [Parker  v.  Simpson,  18  W.  R. 
204\    The  rulo  applies  to  the  representatives  of  a  deceased 


COSTS    TO    BE    PAID    BY   ONE    TARTY   TO   AXOTHER.      537 

plaintiff  instituting  a  fresh  suit,  after  the  first  suit  has 
abated  {Altree  v.  Hordern,  5  Beav.  G23  ;  Long  v.  Storie, 
13  Jur.  1091) ;  or  to  the  original  plaintiff  instituting  fresh 
proceedings  against  the  representatives  of  a  deceased 
defendant  (Sjyires  v.  Seicell,  5  Sim.  193) ;  but  not  to  a 
married  woman  instituting  a  second  suit  by  a  new  next 
friend,  after  the  death  of  the  next  friend  in  the  first  suit 
insolvent  (Hind  v.  Whitmore,  2  K.  lI-  J.  458).  But  no 
order  will  be  made  if  the  defendant  has  taken  any  pro- 
ceedings in  the  suit  before  applying  for  it  {Onge  v.  True- 
luck,  2  Mol.  41).  And  it  has  been  held  at  law  that  the 
Court  may,  in  its  discretion,  interfere  to  stay  proceedings 
if  the  second  action  appear  from  the  circumstances  of  the 
case  to  have  been  brought  vexatiously  and  oppressively 
(Proivsev.  Loxdale,  11  \V.  R.  G43).  The  motion  cannot 
be  made  until  the  costs  in  the  first  suit  have  been 
taxed  {Anon.  6  Mad.  08,  n. ;  Ernest  v.  Partridge,  8  L.  T. 
683).  But  where  a  summons  for  the  purpose  was  taken 
out  before,  but  not  heard  till  after  taxation,  the  Court 
made  the  order,  but  made  the  applicants  pay  the  costs 
(Erned  v.  Partridge).  A  defendant,  to  Avhose  cross  bill 
a  general  demurrer  had  been  allowed  with  costs,  was 
allowed  to  file  interrogatories  for  the  examination  of  the 
plaintiff  without  paying  the  costs  of  the  cross  suit  (Fri/  v. 
Ernest,  3  N.  R.  G3). 

After  great  delay  the  Court  will  order  that  unless  the  Hearing 
costs  are  paid  in  a  limited  time  the  second  suit  be  dis-  mjsseir 
mhscd  {Laid our  v.  Hvlcomhe,  11  Beav.  G24;  Ernest  v.  cause 
Govett,  2  N.  R.  48G).     If  a  suit  which  has  been  dismissed  not  stayed 
with  costs  is  restored  on  terms  of  the  plaintiff  pavinir  the  ^°'"  "°'^" 
costs  of  the  dismissal,  and  the  defendant  allows  the  cause  of  costs. 
to  come  to  a  hearing  without  those  costs  having  been  paid, 
it  is  then  too  late  for  him  to  object  to  the  cause  being 
heard  (Lorimer  v.  Lorimer,  2  L.  J.  Ch.  13). 

So  a  motion  cannot  be  made  until  the  costs  of  a  pre-  Further 
vious  motion  refused  with  costs  (Oldjield  v.  Cohhett,  I2\l^^^^^' 
Beav.  91),  or  abandoned  {Iklleliainhcr  v.  Giaui,  3  Mad.  same  suit 

stayed, 


538  MODES    OF   ESFORCIKG    TAYMENT    OF   COSTS. 

550),  have  been  paid.  If  tlie  costs  of  tlie  motion  have  not 
been  taxed  they  must  be  seemed  by  a  payment  into 
Court  (Buiuhll  V.  JIa>/,  33  Beav.  lSi»).  And  an  order 
?</»/  made  absolute  for  want  of  cause  shown  was  set  aside 
on  tlie  ground  of  non-payment  of  the  costs  of  a  previous 
motion  refused  {KiU'infj  v.  KUliny,  6  Mail.  GH).  And  as 
to  paying  the  costs  of  the  first  trial  before  proceeding  to 
a  new  one,  see  Staiuh'n  v.  EdvunlA,  Beames,  App.  15. 

But  when;  the  defendant  has  obtained  a  stay  of  pro- 
cecdini,'s  f(»r  nuii-payinent  by  the  plaintiff  of  the  costs  of 
an  intcrlocutury  application,  he  is  not  entitled  to  ask,  in 
addition,  that  if  the  cosbi  arc  not  paid  tho  suit  itself  may 
bi'  disniissoil ;  and  a  motion  for  this  purpose  will  be 
refused  with  costs  {douUl  v.  Twinr,  43  L.  J.  Ch.  3JSl  ; 
W.  N.  (1.S74).  OS  ;  22  W.  R:i;>S;  :U)  L.  T.  213}.  In  ^Yh'^te 
V.  llrurni(je,  2G  W.  R.  312:  W.  N.  (IN"^).  2.S,  however, 
wlicro  the  plaintiff  had  failed  to  pay  the  costs  of  a 
d«.  inurrcr,  allowed  with  costs,  with  liberty  to  amend  on 
payuKiit  of  the  costs,  and  proceedings  had  been  stayed  in 
consc(|ucnce,  the  action  was  ordered  to  be  dismis.sed  with 
costs,  unk'ss  the  costs  of  the  demurrer  were  paid  within  a 
month.  Where  a  plaintiff  who  had  been  ordered  to  pay 
the  costs  of  a  petition  in  the  suit  became  bankrupt,  and 
the  suit  was  revived  by  his  a.s,signco,  proceeding's  were 
stayetl  until  paynient  of  the  costs  which  the  plaintiff  had 
been  ordered  to  pay  {CiX)k  v.  llathway,  8  E^j.  G12). 


8. — Interest  on  Costs. 

Interest  Under  Statute  1  «!i:  2  Vict.,  c.  110,  ss.  17  &  is,  interest 

u'mlcr  ^      ^^  "^  P*^"*  ^*^"t-  's  recoverable  on  costs  which  one  party  is 

1  &  2  Vict,  ordered  to  pny  to  another.     It  was  held,  however,  that 

this  did   not  apply  to  the  case  of  costs  payable  out  of  a 

fund  {Attorneij-Geneml  v.  Kethercote,  10  L.  J.  Ch.  162  ; 

11   Sim.  520\     An  alteration  was    made  in  this  respect 


COSTS  TO  BE  PAID  BY  ONE  TARTY  TO  A^•OTHER.   539 

by  Statute  23  &  24  Viet.  c.  127,  the  27tli  section  of 
which  is  as  follows  : — 

""Wherever  a  decree  or  order  is  made  by  the  Court  of  Huler 

.  23  &;  2 1 

Chancery,  iu  which  the  payment  of  any  costs  pvoviously  yj^.t  c.  i-27. 

taxed,  either  in  the  suit  or  proceeding  in  ■which  such 
decree  or  order  is  made,  or  in  any  other  suit  or  proceed- 
ing is  ordered,  and  whether  the  certificate  of  such  previous 
taxation  have  been  made  before  the  passing  of  this  Act, 
or  be  made  tiiereafter,  it  shall  be  lawful  for  the  Court  or 
Judge  making  such  decree  or  order  to  order  and  direct 
the  amount  of  such  costs,  as  taxed,  including  the  costs  of 
taxation  as  ascertained  by  the  said  certificate,  to  be  paid 
with  interest  thereon  at  the  rate  of  four  pounds  per 
centum  per  annum,  from  the  date  of  the  certificate, 
the  amount  of  such  interest  to  be  verified  by  affidavit, 
and  to  be  payable  and  recoverable  out  of  the  same 
fund  or  in  the  same  manner  as  the  amount  of  such 
costs." 

Where  costs  were  ordered  to  be  raised  by  sale  of  an 
estate,  and  there  had  been  delay  in  etTecting  the  sale,  the 
Court  made  an  order  for  payment  of  interest  under  this 
section  {Carter  v.  Carter,  2  N.  R.  .512  ;  S  L.  T.  G02  ;  and 
see  Fox  v.  Charlton,  G  N.  R.  352  ;  lie  Campbell,  19  W.  R. 
427).  See  also  Txmjnara  v.  Porter,  W.  N.  (1872),  111.  It 
seems,  however,  that  this  Act  only  enables  the  solicitor, 
and  not  a  party  to  the  suit,  to  claim  interest  {Jenner  v. 
Morris,  11  W.  R.  943  ;  2  N.  R.  479). 

Where  a  mortgagee's  costs  are  ordered  to  be  added  to  Costs  made 
his  security,  and  to  be  a  charge  on  the  mortgaged  estate,  ^viji'ca^L 
they  will  carry  interest  at  4  per  cent.,  irrespective  of  the  interest. 
Act  {Llppani  v.  lUclcetts,  14  Eq.  291  ;  41  L.  J.  Cli.  595  ; 
20  W.  R.  898).     Where  the  time  for  payment  fixed  by  a 
foreclosure  decree  is  enlarged,  interest  is  payable  on  the 
amount  of  the  costs,  but  not  on  the  intercut  due  when  the 
time   is  enlarged   {Whitjlcld  v.  liohcrts,  9  W.    R.    844; 
7  Jur.  N.  S.  12G8).    Interest  on  a  judgment  for  costs  runs 
from  the  date  of  the  taxing-master's  certificate,  and  not 


510  MODES   OF   ENFORCING    PAYMENT   OF   COSTS. 

from  the  time  of  entering  up  the  judgment  {Schroeder  v. 
CleiKjh,  46  L.  J.  C.  P.  3G.3). 


9. — Revivor  for  Costtt. 

Revival  of       The  19th  section  of  the  Attornies'  and  Solicitors'  Act, 

Jmv.ncnt      ^^''^  ('^'^  &  34  Vict.  c.  2»)  i)rovides,  that  whenever  any 

of'tobU-.      decree  or  order  shall  have  heen  made  for  payment  of  costs 

in  any  suit,  and  such  suit  shall  afterwards  hccome  ahated, 

it  shall  hr  lawful   fur  any   pc-rson  interested  under  such 

decree  or  order  to  revive  such  suit,  and  tlK'reuix)n  to  pro- 

Becute  and  enforce  such  decree  or  order,  and  so  on  from 

time  to  time  a.s  often  as  any  such  abatement  shall  iiappen. 

Solicitors  to  whom  by  name  cost^j  have  been  ordered  to 

be  paid  are  not  "  persons  interested  "  within  the  meaning 

of  this  section  (llunkr  v.  ]Vurtle>j,  W.  N.  (1873),  4).    The 

section  is  not  retrospective  (Dogf/ctt  v.  Eaateni  Counties 

7?//..  G  Ch.  474 ;  19  W.R.  497). 

Where  a  decree  absolute  had  been  niaile  fur  a  dissolu- 
tion of  the  petitioner's  marriage  with  the  respondent, 
together  with  an  order  for  costs  against  the  co-respondent, 
but  the  petitioner  died  before  the  costs  were  taxed,  his  re- 
presentative was  held  entitled  under  this  section  to  enforce 
the  order  for  costs  against  the  co-iespondent  {Uaxvks  v. 
llawL^,  1  P  D.  137 ;  4.'.  L.  J.  P.  D.  .^-  A.  41  ;  24  W.  R. 
489;  34  L.  T.  Ci.')9).  A  defendant  whose  interest  has 
ceased  pending  the  suit  cannot  obtain  an  order  for  his 
costs  OVjmer  v.  Dodd<,  1 1  Cli.  D.  43)1 ;  4s  L.  J.  Ch.  oG8  ; 
27  W.  R  075 ;  40  L.  T.  420). 
Former  Before    this  Act  the  rule  was  that  there  could  be  no 

rule.  revivor  for  costs,  except  in  certain  special  cases. 

Where  the  party  to  whom  the  costs  were  payable  died 
before  taxation,  the  Court  (the  suit  not  having  been  re- 
vived) refused  with  costs  a  motion  that  the  Master  might 
proceed  with  the  taxfition  {Bohertson  v.  SQuthgate,  7  Hare, 


COSTS  PAYABf.E  OUT  OF  A  FUXD  OR  ESTATE.   541 

109).     And  see  Malins  v.  Greenway,  7  Ha.  391.     See, 
however,  Hunter  v.  Daniel,  7  Ha.  281. 

Where  one  of  several  plaintiffs  who  have  been  ordered 
to  pay  costs  dies,  the  defendants  arc  entitled  to  proceed 
Avith  the  taxation  in  the  absence  of  a  legal  personal  repre- 
sentative of  the  deceased  plaintiff  {Af^pden  v.  Seddon,  W. 
N.  (1877),  207). 


Sect.  U.— Where  Cosfs  are  payahlc  out  of  a  Fund  or 

Estate. 

Where  costs  are  payable  out  of  a  fund  in  Court,  they  Costs  out 
are  ordered  to  be  paid  to  the  solicitors  of  the  parties.     If  °^^^"";^ 
payable  to  a  partnership  firm,  they  may  be  directed  to  be 
paid  to  the  members  of  the  firm,  as  co-partners,  naming 
them  in  the  order  by  their  christian  and  surnames.     Any 
member  of  the  firm  can  then  receive  them. 

When  money  in  Court  is  to  be  paid  out,  the  Chancery 
Paymaster  i.ssues  a  cheque  for  the  amount.  The  cheque 
must  state  the  title  of  the  cause  or  matter  in  the  books  at 
the  Chancery  Pay  Oflicc  to  which  the  money  paid  is  to  be 
debited,  the  date  of  the  order  or  other  authority  in  pur- 
suance of  which  and  the  name  of  the  person  to  whom  the 
payment  is  to  be  made ;  or  so  much  of  the  particulars  of 
such  payment  as  the  Chancery  Paymaster  may  deem 
necessary.  The  che([uc  when  endorsed  by  the  payee  may 
then  be  cashed  in  the  ordinary  way  (Ch.  Funds  Rules 
1874,  r.  88). 

Where  payment  has  to  be  made  to  the  National  Debt 
or  Ecclesiastical  Commissioners,  the  official  liquidator  of 
any  company,  or  any  other  official  person  for  whom  an 
account  is  kept  at  the  Bank,  it  is  effected  by  a  simple 
transfer  at  the  Bank. 

When  costs  are  directed  to  be  paid  out  of  money  in 
Court,  or  out  of  the  proceeds  of  .securities  in  Court,  the 


512  MODES    OF    ENFORCING   TAYSIENT   OF   COSTS. 

Taxing  Master  certifies  the  amount  of  the  fees  of  taxation 

payable  in  respect  of  such  costs,  unless  he  certifies  that 

such  fees  are  included  in  the  costs  as  taxed.    The  Chancery 

Paymaster   carries   over   the  amount   so   certified   to  be 

payable  from  the  account  ti)  which  such  money  or  proeccds 

are   placed  to  a  separate  account  in    the   books   at    the 

Cliauccry  Pay  Office  for  fees  of  taxation  ;  and  the  amount 

BO  carried  over  will,  from  time  to   time,  be  paid  to  the 

account  of  IKr  Majesty's  Exchequer  (Ch.  Funds  Rules, 

1S74,  r.  oS). 

riioqucn  The  Chancery  Paymaster's   cheques   must   bo   cashed 

"uviiol^      within  a  month  after  date,  otherwise  payment  will  be  re- 

viihin  a      fused.      Where  a  cheque  a  year  old  was  lost,  a  new  one 

niotith  ,,  ,.  i*rr<i  o-  in 

rtftor  il.itc.    was    Olden  d    to    be    issiie.l    (I<n/lor    V.    S)<  >riis,    1     lieav. 

.•i71). 
Wlicrc  Wliere  a  ce^liLi-quc-trUht  having  a  life  interest  only  is 

rosu  ni-c      (li-elareil  entitled  to  his  costs  out  of  the  tnist  propertv,  the 

rliargc-l  on  ...  i-  •  i  r  1 

nil  cstato.    Court  will  not  give  him  a  mere  hen  upon  it  to  be  entorcecl 

Ilirwta"    by  suUseciuent  proceedings,  but  will  direct  an  immediate 

8ilc-  sale  for  the  purpo.se  of  defraying  them  (fivdrtt  v,  Spvafj, 

1  R.  ».*c  M.  1  ['.\).     So,  as  to  the  eosts  of  infants  in  an  ad- 

inini.stration  suit,  see  ante,  p.  177.     Where  an  order  had 

been  made  for  the  payment  of  the  costs  of  all  parties  out 

of  an  estate  vested  in  tru.stees,  they  having  settled  with 

the  plaintiff  and  conveyed  the  estate  to  him,  an  order 

was  made  for  payment  of  the  other  defendants'  costs  by 

the  plaintiff  personally,  or  in  default  for  a  sale  of  the  estate 

{CunnvU  V.  Jh'hij,  Beames. app.  7;  S.  C.  fnh  nom.  Cannon 

v.  Jicchy,  1  ]")ick.  11. ".K 

Interest.  As  to  interest  allowed  on  costs  payable  out  of  a  fund  or 

charged  upon  an  estate,  see  ante,  p.  •>'^'^. 


RECOVERY   OF   COSTS   IN   THE   HOUSE   OF  LORDS.      o4r3 


Sect.  III. — Recovery  of  Costs  in  the  House  of  Lords. 

"  In  all  cases  where  tlic  appellant  has  paid  in  the  sum  of  Where  the 
£'200  as  directed  by  Standing  Order,  No.  IV.,  and  Avliere  the  aismisscd. 
House  shall  make  any  order  for  payment  of  costs  by  the  The  £200 
appellant  to  the  respondent,  the  Clerk  of  the  Parliaments  *p.,j°ea 
or  Clerk  Assistant  shall  pay  over  to  the  respondent  or  his  towards 
agent  the  said  sum  of  £'200,  or  so  much  thereof  as  Mill  of  costs, 
liquidate  the  amount  reported  to  the  Clerk  of  the  Parlia- 
ments or  Clerk  Assistant  by  the  Taxing  Officer,  as  being 
due  from  the  appellant  to  the  respondent  in  respect  of  tlie 
appeal.     And  in  all  cases  'where  the  amount  so  rc]torted 
by  the  Taxing  Officer  shall  exceed  £200,  the  Clerk  of  the 
Parliaments    or   Clerk  Assistant   shall   in  his  certificate 
credit  the  appellant  with  the  £200  so  paid  over  to  the 
respondent.     And  wlicre  there  be  two  or  more  respondents 
entitled  to  their  separate  costs,  the  said  £200  shall  be 
divided   between  the  icspondcnts    in    proportion    to    the 
amount  of  costs  reported  by  the  Taxing  Officer  to  be  due 
to  each  respondent.    And  where,  after  satisfying  the  order 
of  the  House,  there  be  any  sum  remaining  part  of  the  said 
£200,  the  same  shall  be  paid  back  to  the  appellant  or  his 
agent  upon  a  proper  receipt  for  the  same  being  given  to 
the  Clerk  of  the  Parliaments  or  Clerk  Assistant"  (Direc- 
tions for  Agents,  August,  1S7G). 

In  a  recent  case  £2,000  was  paid  into  the  Fee  Fund  as 
security  for  costs.  Upon  the  appeal  being  dismissed,  the 
Lord  Chancellor  said  that  the  House  could  not  then  make 
an  order  for  payment  of  the  costs  out  of  this  sum,  but 
the  fund  must  remain  in  statu  quo  till  the  costs  were 
paid.  If  the  costs  should  not  be  otherwise  paid,  or  if  both 
parties  should  agree  in  an  application  to  the  Appeal  Com- 
mittee to  deal  with  the  fund,  tliat  would  be  the  proper 
mode  of  doing  it.  A  petition  was  subsequently  presented 
by  the  respondents,  praying  that  the  £2,000,  and  also  the 
£200,  might  be  paid  to  their  solicitors  in  part  satisfaction 


544  MODES   OF   ENFORCING   PAYMENT   f'F   COSTS. 

of  their  costs;  aiul  tlic  appellants  consenting,  an  order 
■was  made  accordingly  {Sturbf.  v.  Frccciu,  •'»  App.  Cas.  p. 
G.-)0). 
r.y  estreat.  The  rccovcry  of  costs  from  the  appellant  in  the  House 
'n"iwincc!fof  ^^  J-'ords  may  also  be  effected  by  estre^nting  his  recogui- 
aiii-ellant.  sauccs.  Tlie  CLTtificatc  of  costs  shuuld  be  served  upon  him 
jttrsonally,  and  a  personal  demand  made  for  them  ;  but  if 
the  party  absents  himself  to  avoid  service,  the  House  will, 
on  petition,  order  substituted  service  on  his  agent  (Cortery. 
I\dmcr,  <S  CI.  &  F.  70.S).  Upon  the  parly  making  default, 
the  House  will,  on  the  petition  of  the  party  entitled  to 
the  costs,  on  two  clear  days'  notice  (Mactj.  Jur.  of  Ho.  of 
Ixl.s.  270),  onler  the  appellant's  recognisances  to  be 
estreated  for  payment  of  the  costs,  t(»gctiier  >vith  the  costs 
of  the  petition  (CuUagkm  v.  Callaghan,  8  CI.  &  F.  709). 
]f  a  substitute  has  entered  into  recognisance  on  behalf  of 
the  appelhmt,  the  ]»rocecdings  arc  the  .same,  and  proof  of 
tiie  default  of  the  appellant  only  is  sufficient  (Macq.  loc. 
cit.). 
How  "  The    estreat    of    the    recognisance   is   jtrepared    and 

'  ctrlitied  upon  oath  by  the  clerk  of  the  Parliaments,  in 
j)uisu;uico  of  the  order  of  the  House  ;  and  the  same  being 
delivered  in  at  the  ottice  of  the  Queen's  Remembrancer,  in 
the  Excheciuer,  is  filed  as  of  record  ;  and  thenceforth 
becomes  the  foundation  of  the  prerogative  process  i.ssuing 
for  the  full  penal  sum  in  the  recognisance  *  ;  the  payment 
of  which,  being  thus  enforccil  as  a  Crown  debt,  is  placed  at 
the  disposal  of  the  Lords  of  the  Treasury,  to  whom  the 
respondent  must  apply,  by  petition,  praying  that  he  may 
be  allowed  his  costs''  (^lacii-  Jur.  of  Ho.  of  Ld.s.  271). 

In  lie  Smith,  2  Ex.  D.  47;  40  L.  J.  Ex.  73;  3.')  L.  T. 
858,  the  recognisance  of  an  unsuccessful  appellant,  who 
failed  to  pay  the  respondent's  costs,  Ava.s  estreated  by  the 
Court  of  Exchequer,  and  the  appellant  himself  arrested. 

*  By  3  iV  4  Win.  W.  c.  90,  s.  o'2,  the  Queen's  llrmcnilinncer  is  required 
to  issue  process  for  enforcing  forfeited  recopjnisanccs  once  every  tcrui,  or 
oftcner  if  reijuired  by  tlic  C<iurt  of  Exclie<iucr. 


(Ml  ri 
out. 


RECOVERY   OF   COSTS   IX   THE   HOUSE   OF   LORDS.      545 

It  was  held  that  the  recognisance  constituted  the  appellant 
a  Crown  debtor,  and  consequently,  tbat  the  Debtors  Act, 
18G9,  did  not  apply,  and  the  appellant  Avas  not  entitled  to 
be  discharged.  An  order  was  subsequently  made  to  vacate 
the  recognisance  and  discharge  the  debtor  upon  his  giving 
a  promissory  note  for  the  sum  due  (S.  C.  sub  nom.  Ex 
parte  A.  II.  Smith,  25  W.  R.  184  ;  35  L.  T.  858).  See 
also  Attorney-General  v.  Edmunds,  22  L.  T.  6C7. 

The   House  will  on  the  respondent's  petition,  stating  BjTemit- 
the  appellant's  default,  remit  the  matter  to  the   Court  ui"fterlo 
below,  with  directions  that  process  be  issued  out  of  that  tlie  Court 
Court  for  levying  the  costs  (Jenkins  v.  Blake,  and  Bath  v. 
Conhj,  cited  from  the  journals  of  the  House,  Macq.  272). 

"  In  all  cases  in  which  the  appellant  is  not  ordered  to  Return  of 
pay  the  costs  of  the  appeal,  the  Clerk  of  the  Parliaments  '^^P^s'*- 
or  Clerk  Assistant  shall,  on  receiving  a  proper  receipt  for 
the  same,  pay  back  to  the  appellant  or  his  agent  the  said 
sum  of  £200  "  (Directions  for  Agents). 

If  the  party  ordered  to  pay  the  costs  fails  to  do  so  after  %  makinjj 
service  of  the  certificate  of  costs  and  demand  for  payment,  of  the  *^' 
the  costs  are  to  be  recovered  by  making  the  order  of  the  ^^'^''^c  an 
House  an  order  of  the  Court  of  first  instance  ;  see  L.,  falsely  the  Court 
called  H.,  v.  H.,  L.  R.  1  P.  &  M.  2«)4.     The  order  is  ob-  °^  J'^* 

instance. 

tained  on  an  ex  ixirte  application  to  the  Court  of  first 
instance,  where  the  decree  appealed  from  was  originally 
made  (British  Dynamite  Co.  v.  Krchs,  11  Ch.  D.  448  ;  27 
W.  R.  575  ;  40  L.  T.  514  ;  Man  v.  Richetts,  3  De  G.  & 
Sm.  44G ;  Wcntiuorth  v.  Lloijd,  10  Jur.  N.  S.  1113). 
When  the  order  has  been  made  an  order  of  the  Court  of 
first  instance,  payment  of  the  costs  may  be  enforced  by  the 
process  of  that  Court  for  recovery  of  costs  (Wentivorth  v. 
Lloyd;  Man  v.  Rickettn). 

Costs  ordered  to  be  paid  by  the  House  of  Lords  may  By  action. 
also  be  recovered  by  an  action,  which  it  has  been  held  will 
lie  on  an  order  of  the    House  directing  an  unsuccessful 
appellant  to  pay  the  respondent's  costs  (Marbella  Iron  Co. 
v.  Allen,  38  L.  T.  815). 


54G  MODES   OF   ENFORCIKG   PAYMENT   OF   COSTS. 

Ordering  Another  ractliod  of  enforcing  the  payment  of  costs,  was 
intocus-'^  by  ordering  the  defaulting  party  into  the  custody  of  the 
i"'b'-  Gentleman  Usher  of  the  Black  Rod,  from  which  he  would 

not  be  released  without  payment  of  the  costs  and  the  fees 
of  the  officers  of  the  House  (Mar([.  271,  and  Carey  v.  M'hite, 
there  cited  from  the  journals  of  the  House).  But  quaere 
whether  this  power  of  committal  has  not  been  abolished 
by  the  Debtors  Act,  ISfiO,  ante,  p.  :)27.  In  Smith's 
case,  cited  ante,  p.  .')44,  the  House  refused  to  commit  an 
unsuccessful  appellant  for  n<»n-pay)ncnt  of  costs  (sec  Ex 
parte  A.  11.  Smith,  2-'.  W.  \l  KS4  ;  3.')  L.  T.  S.38). 
Apiwals  "  In  cases  in  which  an  'appeal  is  dismissed  for  want  of 

f(!r'wnnt  pi'osecution,  the  appellant  shall  be  at  liberty  to  serve  a 
of  prose-  notice  of  such  dismissal  [according  to  the  form  set  forth  in 
Appendix  D.]  upon  the  agent  of  the  respondents  (such 
service  to  be  verified,  if  necessary,  by  affidavit),  and  unless 
the  respondent  shall  within  four  weeks  from  the  date  of 
such  service,  if  the  House  l)e  tlu-n  sitting,  or  not  later  than 
the  third  sitting  day  after  the  exjjiration  of  the  said  four 
weeks,  lodge  in  the  office  of  the  taxing  officer  of  the  House 
a  copy  of  his  bill  of  costs,  the  Clerk  of  the  Parliaments  or 
clerk  assistant  shall,  upon  a  proper  receipt  for  the  same 
being  given,  rop.ay  to  the  appellant  or  his  agent  the  said 
sum  of  1'200.  In  the  event  of  the  respondent  so  lodging 
his  bill  of  costs  as  aforesaid,  the  taxing  officer  may,  if  the 
sum  demanded  by  the  respondent  be  lc.s.s  than  £200,  tax 
the  same  ;  and  the  Clerk  of  the  Parliaments  or  clerk 
assistant  shall  pay  over  to  the  respondent  or  his  agent  so 
much  of  the  said  sum  of  .4:200  as  will  liquidate  the  amount 
reported  to  the  Clerk  of  the  Parliaments  or  clerk  assistant 
as  being  due  from  the  appellant  to  the  respondent  in  respect 
of  the  oppeal,  and  the  remaining  portion  of  the  said  sum 
of  £200  shall  be  paid  back  to  the  appellant  or  his  agent 
upon  a  proper  receipt  for  the  same  being  given  to  the 
Clerk  of  the  Parliaments  or  clerk  assistant "  (Directions 
for  Agents). 

The  House  will  refuse  to  hear  a  further  appeal  until  the 


BY   SOLICITOR   FROM    CLIENT.  547 

costs  of  a  previous  appeal  are  paid  (Knox  v.  Knox,  cited 
from  the  journals,  Macq.  274). 

"Where  the  House  makes  no  order  as  to  costs,  the  Court 
below  has  no  power  subsequently  to  make  any  such  order 
(L.,  falsely  called  H.,  v.  //.,  L.  R.  1  P.  &  M.  294,  and  see 
Gann  v.  Johnson,  L.  R.  6  C.  P.  461). 

The  Court  below  has  no  jurisdiction  to  make  any  order 
as  to  interest  upon  the  costs  of  an  appeal  to  the  House  ; 
see  Lancashire  <fj  Yorkshire  Ry.  Co.  v.  Gidlow,  L.  R.  9 
Ex.  85  ;  7  H.  L.  517. 


Sect.  IV. — Recovery  of  Costs  by  Solicitor  from  his  Client. 

1.  By  Action. 

A  solicitor  cannot,  as  a  general  rule,  maintain  an  action  Solicitor 
against  his  client  for  the  amount  of  his  bill   until  one  un"il°one^° 
month  after  delivery  of  it  (6  &  7  Vict.  c.  73,  s.  37) ;  but  a  '"outh 
judge  has  power  to  authorise  an  action  within  the  month  ^cry  of  his 
on  proof  that  there  is  probable  cause  for  belicvinc^  that  the  ^'''  ,'*^^'''" 

^  .  .       ,  o"t.  leave. 

party  chargeable  is  about  to  quit  England  or  become  a  bank- 
rupt or  a  liquidating  or  compounding  debtor,  or  to  take  any 
other  steps  or  do  any  other  act  wliich  in  the  opinion  of  the 
judge  would  tend  to  defeat  or  delay  the  solicitor  in  obtain- 
ing payment  (38  &  39  Vict.  c.  79,  s.  2).  The  existence  of 
an  order  of  course  for  taxation  is  no  bar  to  an  action  on 
any  security  for  the  costs,  as  a  promissory  note  {Jeffreys y. 
Evans,  14  M.  &  W.  210),  or  to  a  suit  to  foreclose  a  mort- 
gage for  them  {Thomas  v.  Cross,  5  N.  R.  148 ;  10  Jur.  N. 
S.  1103  ;  but  sec  Wauyh  v.  WaddcU,  10  Beav.  521). 

Where  a  guarantee  is  given  to  a  solicitor  for  payment, 
within  a  limited  time,  of  all  costs  fur  business  done  for  a 
particular  client,  the  delivery  of  a  bill  of  such  costs  to  the 
client,  before  the  end  of  the  time,  is  not  a  condition  prece- 
dent to  an  action  by  the  solicitor  on  the  guarantee  {Reecc 
V.  Cox,  16  L.  T.  327). 

xv  >-  2 


-18 


M01>KS    f.F   ENFORCIKO    PAYMENT    OF   COSTS. 


A  solicitor  cauiiut  maintain  a  f^uit  against  liis  client  fur 
an  account  (AlliKon  v.  Herring,  9  Sim.  o.S3  ;  8  L.  J.  Ch. 
223) ;  though  payments  have  been  made  to  him  on 
account  (ibid.).  But  where  the  solicitor  .seeks  to  enforce 
hi.s  right.s  against  the  separate  property  of  a  married 
woman,  he  nmst  institute  a  suit ;  as  to  which  and  the  cases 
where  a  married  woman's  .'•cparatc  property  has  been  h»ld 
liable,  or  the  contrary,  see  ivntt\  p.  3(17. 

A  solicitor  may  prove  under  liquidation  proceedings  for 
the  amount  of  his  bill  of  costs  due  from  the  debtor,  althojigh 
the  bill  lijus  never  been  taxed  {Ex  parte  XiclioU,  18  S.  J. 
2G4;  and  sec  lie  Ball,  ib.  531). 


2.  Jiij  i'roccsa  vj  ihc  Luurt. 

The  common  order  for  taxation  of  a  solicitor's  bill  (»t 
costs  ct»ntains  a  submi.ssion  by  the  client  to  pay  what  may 
be  found  due,  and  an  order  for  payment  of  the  amount 
(o  be  certified  by  the  Taxing  Master  within  twenty-cue 
days  after  service  of  the  order  and  the  certificate  (Seton, 
1».  (104). 

This  order  niay  be  enforced  in  the  same  way  as  a  similar 
order  fur  payment  of  costs  by  one  party  to  another,  as  to 
which  see  ante,  p.  'jO.s. 

No  demand  of  the  amount  found  due  is  necessary,  but 
service  uf  the  order  and  certificate  is  sufficient  (Con.s.  Urd. 
XXJX.  r.  1).  The  copy  of  the  certificate  served  must  be  a 
true  one  lie  {Rei/)iohl-<,  10  W.  R.  700). 

The  mere  allocatur  of  the  Taxing  Master  does  not  create 
a  judument  under  1  \-  2  Viet.  c.  110,  s.  IS  {Shaw  v.  Xeale, 
V)  H.  \j.  C.  .'kM).  But  an  action  at  law  by  the  solicitor  for 
the  recovery  of  his  bill  after  taxation  was  held  a  contempt, 
and  was  restrained  [lie  Campbell,  3  De  G.  M.  &  G.  585), 
although  the  certificate  had  not  been  filed  within  the 
proper  time  {ibid.).  The  order  directing  taxation  and 
restraining  the  commencement    of   proceedings    must  of 


BY   SOLICITOR   FROM   CLIENT.  549 

course  be  properly  served  on  the  solicitor  {Be  Korvcdl,  "W. 
N.  (1869),  255).  In  He  CurUmj,  9  L.  T.  G59,  it  Avas  held 
that  a  judgment  debtor  summons  would  not  lie  for  costs 
alone. 

Where  one  of  the  parties  in  whose  name  the  order  for  Petitioner 
taxation  was  obtained  disputed  the  authority  to  use  his  tCn  cannot 
name  for  that  purpose,  it  was  held  that  while  the  order  for  '''-'=r"te  his 

II  11  •  1  1  •     !•    1  •!•        r  lialiility 

taxation  stood  he  could  not  avoid  his  liability  for  payment  without 
{Re  Thompson  d:  Dehcnham,  25  Boa  v.  245).  '^"'"f, 

^  ^  _  '  fisule  the 

If  the  order  for  taxation  is  obtained  after  action  brought,  order. 
the  usual  direction  is  for  payment  generally,  and  that  in  "^^'I'ere 

1    r      1        p  I  1    "       1-    •  •  "i  1-1  onler  for 

tletault  ot  such  payment  the  solicitor  is  to  be  at  liberty,  taxation  i, 
at  any  time  after  two  days  from  the  filing  of  the  Master's  '^^*=^'"<^'l 

.  ;'  .  ''  °  alter  action 

certificate,  without  service  of  the  order  or  of  such  certifi-  brought. 
cate,  to  sue  out  execution  against  the  petitioner  hyji.fa., 
writ  of  eh'git,  or  otherwise  for  the  amount  certified  (Seton, 
p.  GIG).  Since  the  Judicature  Act  the  Court  has  no  juris- 
diction to  restrain  proceedings  already  commenced  in 
another  Division.  The  order  now  runs  "  that  no  proceed- 
ings be  commenced  against  the  petitioner  in  respect  of  the 
said  bill,"  and  the  application  to  stay  proceedings  in  the 
action  must  be  made  to  the  Court  where  the  action  is 
pending.  See  lie  Field,  12  L.  J.  Notes  of  Cases,  191  ; 
W.  N.  (1S77),  244. 

The  common  order  for  taxation  on  the  solicitor's  petition  Under 
also  contains  an  order  for  payment  within  twenty-one  days  order  for 
after  .service  of  the  order  and  certificate ;  a  copy  of  the  t-"^^'^*^'""  "» 

,  -  1  ,  solicitor's 

order  must  be  personally  served  on  the  client  one  week  at  api.iica- 
least  before  any  warrant  is  taken  out  for  taxation  of  the  *""'" 
bill ;  see  Seton,  p.  GOG.  The  forms  of  orders  for  taxation 
given  in  the  Schedule  to  the  Rules  of  April,  1880,  do  not 
contain  any  order  for  payment.  A  subsequent  order  for 
payment  by  the  client  within  a  limited  time  would  therefore 
seem  to  be  necessary  before  the  order  could  be  enforced. 

Interest  is  recoverable  by  the  solicitor  on  his  bills  of  Interest 
co.sts,  under  1  k  2  Vict.  c.  110,  s.  18,  if  payable  by  the  "" '°'*'- 
client  personally;  an  order  for  that  purpose  may  be  obtained 


550  MODES    OF   ENFORCING    PAYMENT   OF   COSTS. 

on  a  special  application  under  23  &  24  Vict.  c.  127,  s.  27, 
if  payable  out  of  a  fund  in  court  (sec  ante,  p.  .530).  Where 
taxation  has  been  ordered  on  the  terms  of  the  client  paying 
a  sum  of  money  into  court  which  has  been  invested  and  accu- 
mulated, the  .solicitor  is  not  entitled  to  the  accumulations, 
but  only  to  i)e  paid  out  of  the  fund  (Re  Smith,  0  Bcav.  342). 
In  Lyddon  v.  Muss,  4  Dc  G.  ^'  J.  104,  it  was  held  that  an 
agreement  by  the  client  to  allow  interest  on  his  soli- 
citor's untaxed  bills  of  costs,  coulil  not  be  supported  in  the 
absence  of  independent  professional  advice,  or  conect 
information  from  the  solicitor  as  to  the  law;  and  see 
Shannon  v.  Casci/,  Ir.  11.  b  E(j.  307. 

Section  17  »»f  the  Attorneys  and  Solicitors  Act,  1.S70,  33 
&  34  Vict.  c.  2'S,  provides  as  follows: — 
Interest  Subject  to  any  general  ruK'S  or  orders  hereafter  to  be 

allowed  on  J'^'^'J*-'*  "pon  every  taxation  of  costs,  fees,  charges,  or  dis- 
t-ixations  burseuu'ut.s,  the  taxing  officer  may  allow  interest  at  such 
li'filhii'.urse-  ^'^^^'  ii'>d  from  such  time  as  ho  thinks  just  on  moneys  dis- 

lucnts  and  i,„,m,,i  1,^  {\^q  solicitor  for  his  client,  and  on  nioueys  of  the 
adviuiccs.  •  "^ 

client  HI  the  hands  of  the  solicitor,  and  improperly  re- 
tained by  him. 

This  section  only  applies  as  between  a  solicitor  and  his 
own  client,  and  has  no  application  to  a  case  of  taxation 
where  the  costs  are  payable  to  a  party  out  of  a  fund 
belonirinfr  to  others,  in  which  interest  is  not  claimed  for 
the  solicitor  personally,  but  by  or  on  behalf  of  the  client ; 
sec  Harttand  v.  Mun-ell,  10  E(i.  2S5  ;  43  L.  J.  C'h.  04  ;  21 
W.  R.  7«1  ;  28  L.  T.  725. 

The  Act  is  nut  retrospective,  and  therefore  interest  can- 
not be  allowed  under  this  section  on  disbursements  made 
prior  to  the  passing  of  the  Act  (Ward  v.  Eyre,  15  Ch.  D. 
130  ;  40  L.  J.  Ch.  G57  ;  2S  W.  R.  712  ;  43  L.  T.  525).  The 
Act  does  not  apply  to  accounts  between  a  country  solicitor 
and  his  town  agent  (ibid.). 


BY   SOLICITOR   FROM   CLIENT.  551 


3. — Solicitor's  Lien  and  Charge. 

A. — Lien  on  his  Client's  Papers. 

\i. — Lien  on  Funds  Recovered  in  the  Action. 

C— Charge  umlcr  23  &  24  Vict.  c.  127,  s.  28. 

A. — Lien  on  his  Client's  Papers. 

A  solicitor  has  a  lien  ou  the  papers  of  his  client  in  his  Nature  of 
hands  for  the  amount  of  his  costs.  This  lien  is  a  passive  [7'^A^-'y^,y 
one,  and  merely  enables  the  solicitor  to  withhold  the  papers  ^^  }  i  v^fei 
from  his  client,  and  cannot  be  enforced  by  action  {Blandeii 
V.  IJesart,  2  Dr.  i:  W.  405  ;  Stedman  v.  Wehh,  4  My.  &  C. 
346 ;  Bozon  v.  Bolland,  ibid.  354  ;  Molesworth  v.  Rohhins, 
2  J.  &  L.  358).  It  extends,  moreover,  only  to  the  papers 
themselves,  and  does  not  give  the  solicitor  any  right 
against  a  fund  which  may  have  been  recovered  by  means 
of  any  of  the  documents  (Stedman  v.  Webb;  West  of 
England  Banking  Co.  v.  Batchelor,  W.  N.  (1882)  11; 
Bozaii  V.  Bolland ;  overruling  Worrall  v.  Johnson,  2  J.  & 
W.  214).  It  is  a  general  lien,  and  operates  as  a  security 
not  merely  for  the  costs  incurred  in  the  particular  suit  or 
matter  to  \\hich  the  papers  relate,  but  for  all  the  costs 
due  or  to  become  due  from  the  client  (Bozon  v.  Bolland ; 
and  see  Clutton  v.  Pardon,  T.  &  R.  301,  304).  A  solicitor 
cannot,  however,  refuse  on  account  of  his  lien  to  produce  a 
document  when  called  as  a  witness  on  behalf  of  strangers 
(Re  Cameron's  Coalbrook,  &c.  Co.,  25  Beav.  1  ;  Foivler  v. 
Forder,  50  L.  J.  Ch.  G8G  ;  29  W.  R  800  ;  Hope  v.  Liddell, 
7  De  G.  M.  i^c  G.  331  ;  Brassington  v.  Brassington,  1  S.  & 
S.  455) ;  even  when  the  party  requiring  production  claims 
under  his  client  (Lockett  v.  Cary,  10  Jur.  N.  S.  144;  3  N. 
R.  405). 

The  lien  extends  to  papers  deposited  with  the  solicitor  On  what 
for  a  particular  purpose,  if  he  received  them  in  his  profes- 1'^^^'^'"^- 
sional  character  and  they  are  allowed  to  remain  with  him 
(Ex  parte  Nesbitt,  2  Sch.  &  L.  279  ;  Ex  parte  Sterling, 
IG  Ves.  258  ;  Ex  parte  Pemberton,  18  Ves.  282  ;  Re  Leah, 
G  Jur.  N.  S.  C87 ;  and  see  Stevenson  v,  Blakelocl;  1  M.  & 


rjo'l  M<»1»E.S   OF    ENFORCING    PAYMENT   OF   COSTS. 

S.  535).  It  can  only  be  excluded  by  a  spocial  agreement 
{Calmer  v.  L\lr,  40  L.  J.  CIi.  185  ;  11)  \V.  R.  31.S ;  23  L.  T. 
884  ;  In  re  Mesne  age  r,  Ex  parte  Calvert,  3  Cli.  1).  317). 
But  it  does  not  extend  to  papers  delivered  to  a  solicitor  aa 
steward  of  a  manor  {Clmmpernown  v.  i<cott,  0  Mad.  93)  ; 
or  a.s  murt<;agoc  {I'dly  v.  Wntlwix,  7  Ha.  351  ;  Vauijlmn, 
V.  Vantlrrstrgrn,  2  Drew.  401>,  412;  and  see  Sluj^eld  v. 
Eden,  10  Ch.  D.  201);  or  as  next  friend  (Bcamea,  327)  ; 
and  not  to  the  original  will  of  the  client  (Georges  v. 
(Jcurges,  18  Ves.  21)4;  Baleh  v.  iiymea,  T.  ^:  R  92 ;  Red- 
/earn  v.  Sowcrhy,  1  Swans.  84) ;  nor  to  a  deed  executed 
by  the  client  in  the  solicitor's  favour,  reserving  a  life 
interest  and  ])ower  of  revocation  to  the  client  (Bitlcli  v. 
t^ifiiies)  ;  nor  to  a  document  di-po.sited  on  an  express  con- 
tract {Gibson  v.  May,  4  l)e  G.  M.  vV  CJ.  512).  The  soli- 
citor of  an  infant  plaintift^s  next  friend  has  no  lien  on 
title-deeds  to  an  estate  deposited  iu  Court,  where  the 
j)laintiff  on  coming  of  age  repudiates  the  suit,  although 
the  (lefendant  has  admitted  the  plaintitT's  title  to  the 
estate  {Dunn  v.  Dunn,  7  De  G.  M.  iJki  G.  25  ;  1  Jur.  N. 
S.  122  ;  dlf'g.  S.  C.  3  Drew.  17).  Solicitors  have  a  lien  on 
a  settlement  ag.iinst  the  trustees  of  it  for  the  costs  of  pre- 
paring it  (lie  Gregson,  2(i  Beav.  87).  The  lien  extends 
not  only  to  papei's  but  to  other  articles,  such  as  books 
delivered  to  the  solicitor  for  the  purpose  of  being  shown 
to  witnesses  {Frisivell  v.  King,  15  Sim.  191).  And  the 
lien  is  not  destroyed  by  the  character  of  the  document 
being  changed,  as  by  an  engro.ssmcnt  becoming  a  deed  by 
execution,  if  the  holder  has  agreed  to  hold  it  subject  to  the 
lion  (ir«/6c))i.  V.  Lyon,  7  De  G.  M.  A:  G.  288).  A  town  clerk 
lias  a  lien  on  papers  of  the  corporation  with  respect  to 
which  he  has  done  work  as  solicitor,  but  not  on  such  as  he 
holds  merely  as  town  clerk  {Bex  v.  Sankey,  5  A.  &  E. 
423;  and  see  Xewington  Local  Board  v.  Eldridge,  12 
Ch.  D.  349).  Where  the  deeds  represented  property  of 
much  greater  value  than  the  amount  of  his  costs,  the  soli- 
citor was  only  allowed  to  retain  possession  of  a  portion  of 


BY   SOLICITOR   FROM   CLIENT.  553 

them,  sufficient  to  cover  the  amount  duo  to  him  (Du  Boison 
V.  Maxwell,  W.  N.  (1876)  14G).  On  payment  of  the  costs 
the  lien  ceases,  and  the  solicitor  cannot  refuse  to  deliver 
up  his  client's  documents  on  the  ground  that  third  par- 
ties claim  an  interest  in  them  {Re  Emma  Silver  Mining 
Co.,  Re  Turner,  24  \V.  R.  54). 

But  if  the  documents  are  deposited  with  the  solicitor  fur  Papers 
the  purpose  of  being  used  in  a  particular  suit  only,  and  he  *„.*ith'''  " 
has  no  lien  on  them  for  prior  costs,  he  cannot  resist  their  solicitor 
production  in  the  suit  {Baker  v.  Henderson,  4  Sim.  27  ;  puniosc 
Bell  V.  Taylor,  8  Sim.  216);  secus  where  the  papers  were  of  ^j^\»^' 
in  the  solicitor's  hands  for  other  purposes  as  well,  and  he  particular 
claimed  a  lieu  for  the  costs  of  the  suit  and  other  costs  ^"''" 
{]yarhiLrtoii  v.  Edge,  9  Sim.  508).     Where  the  carriage  of 
a  creditor's  suit  was  taken  from  the  plaintitf  and  given  to 
another  creditor,  the  plaintiff's  solicitor  could  not  withhold 
productiun  of  the  papers  for  the  purpose  of  the  suit,  but 
the  order  was  made  without  prejudice  to  his  lion  {Bennett 
V.  Baxter,   10  Sim.  417;   and  see  Sininiomls  v.   Great 
Eastern  Ry.  Co.,  3   Ch.  797).     Production  by  the  client 
may  be  ordered  though  his  solicitor  claims  a  lieu  {Rodich 
v.  Gandell,  10  Beav.  270,  where  the  order  was  made  witli 
liberty  to  apply  in  case  of  difficulty;   Vale  v.  Oppert,  10 
Ch.  340  ;  23  W.  \\.  780,  where  the  client  had  changed  his 
solicitors ;  Ex  ])arte  Shaw,  Jac.  270) ;  see,  however,  Ket- 
tleivell  v.  Barstow,  20  W.  R  621.     A  solicitor  cannot  set 
up  a  lien  acquired  in  a  cause  as  against  the  right  of  other 
parties  in  the  cause  to  production  {Vale  v.  Oppert). 

A  solicitor  may  assign  the  costs  due  to  him  and  transfer  Lien 
his  lien  on  the  papers  to  his  assignee  {Bidl  v.  Faulkner,  2  S,„e(i  • 
De  G.  &.  S.  772).     But  a  sohcitor  who  redeems  his  client's  ^^^\  '.'^w 
papers  by  payment  of  the  amount  claimed  by  a  former  paying  off 
solicitor,  does  not  necessarily  ac(|uire  a  lien  airainst  his  ^"""^'" 

•^  '  o  ac(i  Hires 

client  for  the  amount  so  paid  {Christian  v.  Field,  2  Ha.  no  lien. 
177  ;  but  see  Gibson  v.  May,  4  De  G.  M.  &  G.  512,  517). 

The  client,  however,  cannot  give  the  solicitor  a  lien  on  Extent  of 
the  deeds  more  extensive  than  he  could  give  on  the  estate  ^'*^"" 


551  MODES   OF  ENFORCING   PAY3IENT   OF   COSTS. 

to  which  the  deeds  rehite  {PcUi/  v.  Wathcn,  7  Ha.  351, 

As  against  S.  C.  cifd.  1  Dc  G.  M.  ^'  G.  IC).    Tlicrcfore  the  lien  is  sub- 

ijKuiccrs     J^'^^  ^^  ^^'^  riglits  of  prior  iiiciimhrancers  on  the  client's 

interest,  ■whether  Ic^al  or  e<iiutaljlo  {ihid.;  MuUtfUvrth  v. 

Ruhhina,  2  J.  tV:  L.  .S.kS),  including  judfi^nients  from  the  date 

of  tlicir  being  entered  up  (Jihnnlcn  v.  Desart,  2  Dr.  k  W. 

405).    An  existing  lion,  though  good  for  costs  already  due, 

will  not  jjrevail  for  future   costs  against  a  purcha.ser  or 

incumbrancer  (ibid.) ;    but  where  the  property  is  traus- 

ftrred  with  notice  of  the  lien  and  the  solicitor  continues 

the  i)roc«, tilings  upon  the  rctaint-r  of  the  transferees,  he 

has  as  against  tliem  a  lien  for  the  costs  {General  Share 

Trust  ('„.  V.  (%ip,nan,  1  C.  P.  D.  771 ;  4(1  L.  J.  C.  P.  79; 

As  between  ;}({  L,  X.  17*J).    So,  the  mortgagee's  solicitor  cannot  acipiire 

pij;ec'M        as  against  the  mortgagor  any  lieu  on  the  deeds  relating  to 

sniiciior      ^jj^.  mortgaged  inoperty  for  an  amount  exceeding  the  sum 

and  niuit-  O    n         i       i         .7  to 

yayor ;        due  to  the  mortgagee  {Jiltnulen  v.  Desart ;  Hitler  v.  Jones, 

2  Y.  &  C.  C.  C.  32S  ;  LavMun  v.  LUkevaon,  12  Mod.  .S()(»; 

He  Moselij,  15  ^\■.  W.  1>75 ;  and  see  Ogle  v.  Stonj,  4  B.  \: 

orniort-      Ad.  7^7;  ]yoki' field  V.  Xcirhon ,  fi  Q.  B.  276).     On  the 

gators        other  hand,  the  mortgagor's  solicitor  can  acciuire  no  lien 

anil  inort-    on  dccds  relating  to  the  mortgaged  property  allowed  to 

''''^''  ■         remain  in  his  hands,  as  against   the  mortgagee  (Smith  v. 

Chichester,  2  Dr.  cV:  War.  ,S1)3)  ;  but  where  the  mortgagee 

lent  the  deeds  to  the  mortgagor,  who,  with  the  former's 

acquiescence,  placed  them   in  his  .solicitor's  hands  for  a 

particular  puqxxso,  the  solicitor  acquired  a  lien   for  the 

costs  of  that  particular  tran.saction  {Young  v.  Engliah,  7 

Boav.  10). 

Whore  A  solicitor  who  acts  fur  both  mortgagor  and  mortgagee 

^aiiie  soli-      .         ,  .  _  111  1  •     1- 

f.itoi-  acts     111  the  preparation  ot  a  mortgage,  thereby  loses  nis  lien  on 
i.i.tii  for      ^ijg  ^j^ig  deeds  in  his  possession  for  costs  due  to  him  from 

iiioi-tgaijor  11- 

and  mort-  the  mortgagor,  unless  such  lien  is  expressly  reserved,  even 
though  the  mortgagee  may  have  known  that  the  solicitor 
had  such  a  lieu  against  the  mortgagor.  It  is  his  duty,  as 
solicitor  for  the  mortgagee,  to  see  that  his  client  gets  a 
good  security,  including  possession  of  the  deeds  :  and  he 


cia^iee. 


BY   SOLICITOR   FROM   CLIENT.  555 

cannot  say  to  him  :  "  I  have  been  guilty  of  negligence  ;  I 
do  not  hold  the  deeds  on  your  account."  He  must  be 
taken  to  have  performed  his  duty,  and  to  hold  the  deeds 
for  his  mortgagee  cUent ;  see  In  re  Snell,  G  Ch.  D.  105  ; 
46  L.  J.  Ch.  G27  ;  25  W.  R  823  ;  In  re  Mason  and  Taylor, 
10  Ch.  D.  729  ;  and  sec  also  Be  Sadd,  13  W.  R.  1009 ; 
34  Beav.  G50.  But  a  solicitor  who  acts  for  both  parties 
does  not  thereby  lose  his  lien  as  against  the  mortgagor  ;  and 
where  the  mortgagor  became  bankrupt,  and  the  equity  of 
redemption  was  sold,  the  solicitor  was  allowed  to  retain 
out  of  the  purchase  money  the  amount  of  costs  due  to  him 
from  the  mortgagor  ( In  re  Messenger,  Ex  parte  Calvert, 
3  Ch.  D.  317).  Where,  however,  mortgagees  deposited 
the  title  deeds  of  the  mortgaged  property  with  their 
solicitors  for  safe  custody,  and  the  mortgagor  subsequently 
employed  them  in  an  attempt  to  sell,  and  then  became 
bankrupt,  the  solicitors  had  no  lien  on  the  deeds  as  against 
the  trustee  in  bankruptcy  for  their  costs  of  the  attempted 
sale  {Ex  parte  Fuller,  re  Loivj,  IG  Ch.  D.  G17;  50  L.  J. 
Ch.  44S  ;  29  W.  R.  448  ;  44  L.  T.  G3). 

i\gain,  the  solicitor  for  the  tenant  for  life  acquired  no  As  between 
lien  upon   the  trust  deed,  which  had  been  lent  by  ^^^(^  oi  cestui- 
trustee  to  the  tenant  for  life  {Re  Mayhcvj,  7  W.  R.  351).  </i'(-iri(d 
And  Nvhere  money  had  been  lent  on  mortgage  in  breach  trustee ; 
of  trust,  it  was  held  that  the  right  of  the  cestuis-que-trust  or  tru.stee's 
to  follow  the  fund  prevailed  over  the  lien  of  the  trustees'  f^l■^^[\.cslui^ 
solicitor  on  the  mortgage  deed  {Francis  v.  Francis,  5  De  qnc-trust. 
G.  M.  k  G.  108)  ;  if  there  had  been  a  surplus  after  re- 
placing the  fund,  the  lien  would  have   attached  {ibid.). 
The  solicitors  of  a  company  have  no  lien  on  the  company's 
papers  for  costs  incurred  in  relation  to  business  ultra  vires 
{Re  Phoenix  Life  Assurance  Co.,  1  H.  &  M.  483).     The 
solicitor  of  a  trustee  or  executor  has  a  lien  on  the  papers 
relating  to  the  trust,  but  only  to  the  extent  of  his  client's 
lien  on  the  trust  funds  or  estate  {Turner  v.  Letts,  7  De  G. 
M.  &  G.  243,  overruling  on  this  point  S.  C.  20  Beav.  185, 
192  ;  but  see  Home  v.  Shepherd,  3  Jur.  N.  S.  806). 


ijub  MODES   OK   flNFOUClNG    I'AYMKST    OF    COSTS. 

Un.ler  TliG  soHcitor  of  an  official  liqiiidator  lias  no  lien  for  his 

Jii^^Tso-i   costs  on  the  file  of  proceedings  in  the  winding-up  and  the 

documents  relating  thereto  {Re    Union  Cement  Co.,  Ex 

Ah  against  rxii'te  Pv.lhronh,  4  Cli.  G27).  As  against  a  deceased  client's 

(licnt's       executors,  tne  lien  of  course  prevails  ;  and  it  has  been 

executors.    \^Q\^\  ^.hat  where   a  solicitor  delivered  up  papers  to   an 

executor,  which   were  of  great  use  in  several  suits  then 

pending,  such  delivery  up  was  suthcicnt  consideration  to 

make   the  executor   personally    liahle    fur    the  solicitor's 

whole  demand,    whether  there    were   or   w«Te  not  assets 

(Ihihc  of  llarnHton  v.  Imlnlon,  4  Bro.  P.  C  4). 

A  solicitor  employed  hy  a  trustee  in  bankruptcy  has  a 
lien  upon  all  documents  not  belonging  to  the  estate,  but 
the  fruits  of  his  own  labour  and  exjHinse  (A'r  jKtrte  Yidilen, 
re  Austin,  4  Ch.  1).  121);  40  L.  J.  Bkcy.  5i> ;  25  \V.  R. 
\'M  ;  !>.")  L.  T.  720);  but  not,  it  seems,  on  the  proceed- 
ings in  the  bankruptcy  (A'r  porte  TUley,  2  llose  8.S). 
The  solieitor  of  a  comimmuling  debtor  has  no  lien  for 
his  costs  on  moneys  of  which  he  has  become  trustee 
for  the  creditors  {Re  Clark,  Kx  jjarte  Xewland,  4  Ch. 
I),  ol.-)). 
Disdiargo  The  Hell  will  not  cease  on  the  termination  of  the 
i.y  iiioiit.  relation  of  solicitor  and  client.  Where  a  client  discharges 
a  solicitor  in  the  course  of  a  suit,  he  applies  for  an  order 
to  change  the  solicitors  on  the  record.  Such  an  order  will 
be  made  as  of  coui'se,  but  without  any  provision  as  to  the 
payment  of  the  former  solicitor's  costs  {Grant  v.  Holland, 
3  C.  P.  D.  IbO).  The  discharged  solicitor,  if  unpaid,  is  in 
such  circumstances  in  no  way  bound  to  give  his  former 
client  any  facilities  for  prosecuting  the  suit  {Bozon  v. 
Bolland,  4  My.  &  Cr.  354;  Grijfith^  v.  Griffiths,  2  Hare 
587) ;  in  fact,  he  may,  to  some  extent,  "  embarrass  the 
client  in  order  to  force  him  to  pay  what  is  due  to  him  " 
{In  re  Faithfidl,  0  Eq.  325  ;  Pdchcr  v.  Arden,  Re  Brook, 
7  Ch.  D.  318),  No  order  will  be  made  for  the  delivery  of 
the  papers  to  the  new  solicitor,  or  even  for  their  pro- 
duction for  his  inspection,  until  some  adec^uate  provision 


BY  SOLICITOR  FROM   CLiEXT.  557 

is  made  for  discliargiiig-  tlic  lien  (Lord  v.  WormlcigJiton, 
Jac.  580,  approved  3  Ch.  797). 

On  payment  into  court  of  the  amount  claimed  to  be 
due  to  the  solicitor,  an  order  may  be  obtained  for  delivery 
(Rejmhlic  of  Costa  Rica  v.  Erlamjer,  W.  N.  (1870),  7  ; 
Newington  Local  Board  v.  Eld  ridge,  12  Ch.  D.  349  ;  Ec 
Bevan  d-  Whitting,  33  Beav.  439  ;  see,  however,  Richards 
V.  Flatel,  Cr.  &  Ph.  79).  So,  if  the  solicitor  dies,  his 
personal  representative  is  entitled  to  insist  upon  the  lien 
{Rcdfcarn  v.  Soivcrhg,  1  Swaus.  84).  The  former  solicitor 
cannot,  however,  stop  the  proceedings  in  the  action  till 
his  costs  are  paid  otherwise  than  by  keeping  any  papers, 
&c.,  he  may  happen  to  have  in  his  ■possession  (3Ie7'reivethcr 
V.  Mellish,  13  Ves.  161  ;  Twort  v.  DagrcU,  ibid.  195  ; 
O'Dea  V.  O'Dea,  1  Sch.  &  L.  315).  And  he  will  not  be 
allowed  to  obstruct  the  course  of  the  Court  by  reason  of 
his  lien  ;  thus  he  cannot  embarrass  a  suit  by  detaining 
papers  belonging  to  an  estate  which  is  being  administered 
by  the  Court,  and  which  are  required  by  a  receiver 
(Belaney  v.  French,  8  Ch.  918  ;  43  L.  J.  Ch.  312) ;  nor 
can  he  intercept  the  completion  of  an  order  which  has 
been  passed  but  not  entered  {Clifford  v.  Turrill,  2  De  G. 
&  S.  1,  where  he  was  ordered  to  attend  with  it  for  the 
purpose  of  its  ])eing  entered,  the  new  solicitor  paying  his 
expenses)  ;  nor  prevent  a  decree  being  drawn  up  (Sim- 
monds  v.  Great  Eastern  Rg.  Co.,  3  Ch.  797)  ;  nor  withhold 
a  decree,  when  wanted  for  the  purpose  of  correcting  a 
clerical  error  in  it  {Bird  v.  Heath,  (J  Ha.  23G). 

If  the  client   becomes  bankrupt   and    the    trustee    in  Whcro 
bankruptcy  does  not  employ  the  same  solicitor,  that  is  a  vJ^^oincs 
discharge  by  the  client  (In  re  Moss,  2  Eq.  345 ;  35  Beav.  ^'f^nkruiit. 
521  ;    12  Jur.  N.   S.   526).     Tlio  lien  of  the  solicitor  on 
papers    received  by  him   before   the  bankruptcy  is  good 
as  against  the  trustee  in  bankruptcy  {LAimbert  v.  Buuck- 
master,  2    B.   &   C.  610  ;    Ln  re  Messenger,  Ex  parte 
Calvert,   3  Ch.   D.   317  ;  Ex  iJarte   Underwood,  De  G. 
190 ;   Ross  v.  Laughton,   1   V.  &  B.  349)  ;   secus  as  to 


up  a  com- 
pany 


558  MODES   OF   EXFORCK^'G   PAYMENT   OF   COSTB. 

papers  delivered  after  tlie  bankruptcy  {Ex  ixirte  Lee,  2 
Ves.  Juiir.  28")).  Lut  no  lien  can  be  claimed  on  the  books 
of  account  of  the  bankrujtt  (Bankruptcy  Rules,  1870,  r. 
110);  and,  though  the  solicitor  is  entitled  to  a  lien,  he  is 
nevertheless  bound  to  produce  for  inspection  by  the 
trustee  all  documents  in  his  possession  which  the  latter 
may  require  to  enable  him  to  administer  the  bankrupt's 
estate  {In  re  Tolcman  it  Enfjlarnl,  Ex  jiarte  Bramble,  13 
Ch.  D.  885 ;  Simmojuh  v.  Great  Eastern  By.  Co.,  3  Ch. 
707  ;  Boss  v.  Langhfon,  1  V.  cV  B.  349) ;  for  tlie  trustee  in 
bankruptcy  is  not  a  person  who  comes  in  under  the  bank- 
ru})t,  but  an  otlioer  (if  the  Court  who  comes  iu  l)y  a  title 
adverse  to  the  bankrupt  {S(nimonJ.'<  v.  G rcof  Eii.itevv  By. 
Winding  Co.).  So,  where  a  company  is  being  wound  up,  the  official 
li(piidator  is  entitled  to  inspect  all  the  company's  docu- 
ments in  the  possession  of  their  late  solicitors,  and  can 
compel  the  production  to  the  Court  of  such  documents  on 
any  application  to  whicli  they  are  material,  though  the 
effect  of  suih  })roduction  must  often  be  to  render  the  lien 
practically  worthless  {Be  South  Essex  Co.,  Ex  imrte  Paine 
d-  Laytou,  4  Ch.  SI.')). 
Where  the  If  the  solicitor  discharges  himself  itendcnte  lUc,  an 
(lisciiar-cs  t)i^^<-'r  may  be  obtained,  not  merely  for  production  and 
himself.  inspection  (as  was  held  in  Cammercll  v.  Poyiiton,  1  Swans. 
1  ;  Muyne  v.  JIavicy,  3  Swans.  03  ;  Moir  v.  Mudie,  1  S. 
&  S.  282,  which  are  overruled) ;  but  that  the  former 
solicitor  deliver  up  to  the  new  solicitor  the  necessary 
papers  without  prejudice  to  the  lien,  the  latter  under- 
taking to  return  them  within  a  limited  time  after  the 
conclusion  of  the  suit  (Bohius  v.  GohJinyham,  13  Eq.  440  ; 
Hcslop  V.  Metcalfe,  3  ]\Iy.  &  C.  183  ;  7  L.  J.  Ch.  49)  ;  and 
see  Colegrare  v.  Manley,  T.  &  R.  400  ;  Wilson  v.  Emmet, 
10   Beav.   233;  Webster  v.  Le  Hunt,  9  W.  R.  804  ;  Be 

H ,  15  W.  R.  1C8.     In  Cane  v.  Mai  tin,  2  Beav.  584, 

the  words  "  or  after  he  shall  at  any  time  cease  or  decline 
diligently  to  prosecute  the  suit  "  were  added  to  the  new 
solicitor's  undertaking.     Where  there  was  no  suit  pending 


BY   SOLICITOR   FROM   CLIENT.  559 

an  order  was  made  that  papers  relatino-  to  any  business 
actually  iu  progress  be  lent  to  the  new  solicitor  for  that 
particular  business,  and  then  returned  {Raivlinvoa  v. 
Moss,  7  Jiir.  N.  S.  1053  ;  9  W.  E.  733).  If  a  schedule  is 
required,  the  parties  who  ask  for  it  must  bear  the  expenses 
of  it  (ibid.). 

A  solicitor  in  custody  for  debt,  and  therefore  incapable  What  is  a 
of  practising  (under  6  &  7  Vict.  c.  73,  s.  31),  is  considered  of'Sli- 
as  having   discharged   himself  (lie   Williams,  28    Beav.  ".tor  by 
■i:G'))  ;  and  so  is  a  solicitor  who  refuses  to  proceed  because   ^^^^  ' 
his  client  declines  to  supply  him  with  funds  to  carry  on 
the  suit  (Rohins  v.  Goldingham,  13  Eq.  440)  ;  or  simply 
neglects  to  prosecute  the  suit  (Hannaford  v.  Hannaford, 
19  W.  R.  429  ;  24  L.  T.  86).     But  if  a  client's  conduct 
renders   it   impossible    for   the  solicitor   to    conduct   his 
business  any   longer,  it  will  be    considered    the   client's 
discharge  (Steele  v.  Scoff,  2  Hog.  141).     A  dissolution  of  Effect  on 
partnership  is  a  discharge  of  the  client  by  the  solicitors  absolution 
{Chohnondeley   v.    Cliidon,    ]!»    Yes.    273;    Gri^ths   v.  "^i*'"^!'*-'^*^!- 
GrijlJiths,  2  Ha.  587;  12  L.  J.  Ch.  397  ;  Scott  v.  Fleming,  '^ZL^- 
9  Jur.   1085;  Raidinson  v.  Moss,  7  Jur.  N.  S.  1053).  tions  iu 
A  lieu  once  acquired   is  not  affected  by  other  partners''^''""" 
being   taken   in,   but   deeds    which  first    come   into  the 
possession  of  the  joint  firm  will  not  be  subject  to  a  lien 
for  costs  due  to  some  of  the  members  before  the  constitu- 
tion of  the  firm  {Pelhj  v.   ^Yathen,  7  Ha.  351  ;  18  L.  J. 
Ch.  285;  14  Jur.  9;  In  re  Forshaiu,  IG  Sim.  121).     A 
solicitor  has    no    lien    on    papers  which   come   into    his 
possession  for  a  bill  of  costs  due  to  a  firm  of  which  he  was 
formerly  a  member  {VaiigJian  w.  Vandevstegen,  2  Drew. 
409,  412). 

Where  A.  entered  into  partnershi])  with  the  solicitor  of 
a  company,  and  they  acted  as  joint  solicitors  for  the 
company  until  it  was  wound  up,  when  they  acted  for  the 
liquidators,  and  after  the  dissolution  of  the  partnership  A. 
acted  separately  for  the  liquidators,  it  was  held  tliat  he 
had  no  lien  on  the  documents  of  the  company  in  hi.. 


5G0  MODES   OF   EKFGRCING   PAYMENT   OF   COSTS. 

possession  {lie  County  Life  Assurance  Co.,  38  L.  J.  Ch. 
231  ;  W.  N.  (1860)  24).  if  a  solicitor,  who  lias  been  dis- 
cliarged,  omits  to  deliver  his  bill  within  a  month  under 
the  common  order,  the  client  may  obtain  the  same  order 
for  delivery  of  the  necessary  papers,  &:c.,  as  if  the  solicitor 
had  discharged  himself  (Cooper  v.  Hcu'son,  2  Y.  »!t 
C.  C.  C.  r.lo). 
Lien  The  iitii  is  superseded  by  the  solicitor  taking  security 

l.y  ulking  ^"i"  tl'G  amount  of  his  bill  {Cowcll  v.  Simpson,  IG  Ves. 
bccurity.  <2.1'))  ;  but  only  to  the  extent  cuvcrt-d  by  the  security 
{Bdlch.y.  Symes,  T.  &  R.  ••2;  ]yatson  v.  Lyon,  7  Do  G. 
M.  &  G.  288).  The  case  of  CmirU  v.  Simpson,  it  may  be 
remarked,  wascpiestioned  at  law  in  Stevenson  v.  Blahlock, 
1  M.  &  S.  a.'J.")  ;  but  see  Chase  v.  Wentmore,  '>  M.  & 
S.  ISO. 
Lie"  ff  'riic  town  ai^ent  has  a  liiu  on  tho  client's  i)apers  for  the 

njjcut.  ;miount  due  to  liim  trom  the  country  solicitor,  but  only  to 
Iho  extent  of  the  amount  due  to  the  latter  from  the 
client  {Ward  v.  Hippie,  15  Vcs.  297  ;  Ex  inivte  Steele,  IG 
Ves.  1G4  ;  Anon.  2  Dick.  802  ;  Bray  v.  Iline,  G  Pr.  2U3  ; 
and  see  Farevell  v.  Coler,  2  P.  W.  4(J0).  If  the  client 
pays  the  country  solicitor  without  notice  of  the  town 
Oi^fi'ut's  claim,  the  lien  of  the  latter  is  gone,  and  it  is  im- 
material how  the  accounts  between  the  client  and  C(tuntry 
solicitor  are  settleil,  whether  by  set-off  or  otherwise 
{]V((llcr  V.  Holmes,  1  J.  \-  H.  231) ;  Peaffield  v.  Barhw, 
8  E(i.  Gl ;  38  L.  J.  Ch.  310  ;  20  L.  T.  217  ;  Cockayne  v. 
Harrison,  lo  Eq.  298  ;  42  L.  J.  Ch.  GGO  ;  Vysc  v.  Foster, 
32  L.  T.  21');  affirmed  on  appeal,  23  W.  11.  4i:;t.  If  the 
town  agent  gives  the  client  notice  not  to  settle  with  the 
country  solicitor,  the  client  paying  the  country  .solicitor 
will  become  liable  to  the  town  agent  {Waller  v.  Holmes). 
And  in  Bray  v.  Hine,  the  assignees  in  bankruptcy  of  the 
country  solicitor  were  restrained  from  proceeding  against 
the  client  to  recover  the  amount  paid  by  him  to  the  town 
asent. 


BY    SOLICITOR    FROM    CLIENT.  561 


B. — Lien  on  Funds  Recovered  in  the  Action. 

The  solicitor  has  also  a  lien  on  any  funds  or  sum  of  Solicitor's 
money  recovered  for,  or  which  become  payable  to,  his  client  f^^Hi^^ 
in  the  suit  {Anon.  12  Ves.  25) ;  but  not  on  real  estate  re-  recovered 
covered  by  him  for  his  client  {Shaiv  v.  Neale,  6  H.  L.  C.  581,  action. 
affirming  S.  C.  20  Beav.  I(j3,  and  overruling  Barnshy  v. 
Poivell,  Amb.  102,  but  see  j;o.sf,  p.  567) ;  nor  on  chattels  per- 
sonal recovered  in  the  suit,  Avhere  they  are  neither  under 
the  control  of  the  Court,  nor  in  the  possession  of  tlie  solici- 
tor himself  (Savage  v.  James,  Jr.  R.  9  Eq.  357).  The  lien  is 
for  taxed  costs  only  (De  Bay  v.  Gn^n,  10  Ch.  291  ;  23 
W.  R  737).  This  lien,  unlike  that  on  tlie  papers,  may  be 
actively  enforced  by  obtaining  a  stop  order  on  the  funds, 
if  in  Court  (Lucas  v.  Pcacucl;  9  Beav.  177;  Ilohsonv. 
Sheainvoocl,  8  Beav,  487 ;  Hughes  v.  liogcrs,  ibid.  n. ; 
Smith  V.  Winter,  18  W.  R.  447;  and  see  Verify  v.  Wylde, 
4  Drew.  427),  or  by  an  action  (Sympson  v.  Prothcro,  5 
W.  R  814 ;  3  Jur.  N.  S.  711 ;  2G  L.  J.  Ch.  071),  but  ex- 
tends only  to  the  costs  of  the  particular  suit  (Lann  v. 
Church,  4  Mad.  391  ;  Bozon  v.  Bolland,  4  My.  &  C.  354  ; 
Hall  v.  Lai'cr,  1  Ha.  571),  and  to  costs  incurred  by  the 
solicitor  in  protecting  hi.s  right  to  his  costs  in  the  suit 
(Lucas  v.  Peacock,  9  Beav.  177).  The  costs  of  proceedings 
under  the  Declaration  of  Titles  Act,  25  &  26  Vict.  c.  67,  on 
behalf  of  an  infant,  together  with  the  costs  of  a  partition 
suit  and  of  a  suit  to  olitain  a  declaration  of  lien,  are  costs 
for  Avhicli  a  solicitor  has  a  lien  on  the  fund  recovered 
(Pritchard  v.  Poherts,  17  Eq.  222). 

The  lien  is  allowed  on  monies  (Symi^son  v.  Prothero  ;  May  he 
Coivcll  V.  Simpson,  16  Ves.  281,  282 ;  White  v.  Pearce,  7  ^f  nilJce 
Ha.  276),  or  costs  (Ex  parte  Bryant,  1  Mad.  49),  payable  ^^'lere 

,       ,iT.  1,  Tf    .^  1      nioiiev  Is 

to  the  client   personally.      It   the   money   come    to   the  imyabie  to 
solicitor's  hands  he  may  retain  it  to  the  amount  of  his  bill  ^''^"''• 
(Bearaes,  316,  317).     If  the  person  liable  to  pay  pays  the 


562  MODES   OF    ENFORCING   PAYMENT    OF   COSTS. 

client  after  notice  of  the  solicitor's  claim,  ho  remains  liable 
to  the  solicitor  {White  v.  Pearce,  7  Ha.  276).     And  the 
Priority  of  solicitor's  Hen  has  priority  over  a  garnishee  order  obtained 
^'^""  after  notice  to  the  person  liable  {Sfnipson  v.  Prothero,  3 

Jur.  N.  S.  711;  o  W.  H.  814;  and  see  The  Jeff  Davis, 
L.  R  2  A.  &  E.  1  ;  TJu:  Leader,  ihich  3U  ;  and  see  also 
l)Ost,  p.  569) ;  or  a  judgment  creditor's  rights  though  he 
has  obtained  a  charging  order  before  the  solicitor  {Haynes 
V.  Cooper,  83  Beav.  431  ;  3  N.  R.  627  ;  10  L.  T.  87) ;  or 
over  bond  debts  in  administration  of  assets  {Turivin  v. 
Gibson,  3  Atk.  71!>). 

But  a  claim  for  costs  does  not  justify  a  .solicitor  in  re- 
taining trust  moneys  ^Yhich  happen  to  be  in  his  hands  and 
which  the  trustees  have  been  ordered  to  pay  into  Court  in 
a  suit  ;  the  solicitor  must  pay  the  whole  fund  into  Court, 
but  it  will  not  be  paid  out  Avithout  notice  to  him  {Bihlnj 
V.  Tliompson  (2),  32  Beav.  647).  Nor  can  the  solicitor  of 
an  official  liquidator  retain  money  recovered  in  the 
liquidation  by  his  exertions  without  an  order  of  the 
Court  {Re  Union  Cement  Co.,  26  L.  T.  240  ;  20  W.  R. 
361). 

Where  a  cheque  had  been  drawn  for  payment  out  to 
the  client  of  his  share  of  a  fund  in  Court,  the  delivery  of 
it  to  the  client  was  restrained  until  a  charging  order  could 
be  obtained  under  the  Act  (Cerrard  v.  Davxs,  \V.  N. 
(1.S6U),  221  ;  18  W.  R  32  ;  21  L.  T.  322). 
Lien  The  solicitor,  however,  has  no  lien  on  funds  in  court  the 

confined  to  ^„|)jpct  of  the  suit  gcncrallv,  but  onlv  on  the  ultimate 

ultimate  •'  °  /  .   "       . 

balance  balance  which  mav  be  coming  to    his    client  (Ex  imrte 

thfcikn!;  Rhodes,  1.3  Vcs.  .341  ;   Verity  v.  Wylde,  4  Drew.  427,  430  ; 

and  docs  7  W.  R.  270)  ;  and  if  there  is  nothing  coming  to  the  client, 

"°*^"*.T  there  is  no  lieu   (Clikh  x.  Xicholh, '2i>  \\:  K  2Sl).     And 

fere  with  a  ^  _  . 

bona  fide     the  lien  is  not  allowed  to  interfere  with   any  bund   fide 

compromise  or  arrangement  entered  into   by  the   client 

{Brunsdon  v.  Allard,  5  Jur.  N.  S.  .396 ;  28  L.  J.  Q.  B. 

306;   Mornincjton   v.    Wellesley,   4  Jur.    N.    S.    6;    Ex 

parte  Morrison,  L.  R.  4  Q.  B.   1.53  ;  38  L.  J.  Q.  B.  6.5; 


compro- 
mise : 


BY    SOLICITOR    FROM    CLIENT.  563 

but  see  Ex  parte  Bryant,  1  Mad.  49).  But  a  voluntary 
release  by  the  client  of  liis  debtor  will  not  destroy  the 
lien  {Anon.  2  Yes.  25  ;  and  see  Fairlaml  v.  Enever,  1 
Dick.  114).  While  the  sum  agreed  upon  as  a  compro- 
mise remains  unpaid  the  Court,  though  not  otherwise  dis- 
turbing the  arrangement  between  the  parties,  may  direct 
the  defendants  to  pay  to  the  plaintiff's  solicitor  so  much 
of  the  sum  as  is  necessary  to  satisfy  his  charge  {Slater  v. 
Mayor  of  Sunderland,  33  L.  J.  Q.  B.  37  ;  Lowndes  v. 
Davies,  3  C.  B.  808). 

Again,  the  lien  of  the  solicitor  being  confined  to  the  or  with  a 
ultimate  balance  coming  to  his  client,  it  is  not  allowed  to  set-off. 
interfere  Avith  any  right  of  set-off  which  any  other  party 
may  have  against  the  client  {Cattell  v.  Simons,  6  Beav- 
304 ;  Taylor  v.  Pophani,  15  Ves.  72 ;  Holworthy  v. 
Mortloch,  1  Cox  202 ;  2  Bro.  C.  C.  17  ;  Taylor  v.  Cooh, 
Yo.  201  ;  Xicholson  v.  Norton,  7  Beav.  67 ;  Bawtree  v. 
Watson,  2  Ke.  713  ;  Robarts  v.  BvM,  8  Ch.  D.  198).  "I 
have  a  strong  notion,"  says  Lord  Eldon,  in  Taylor  v. 
Pophani,  "  that  the  doctrine  of  this  Court  has  always  been 
that,  where  different  demands  arise  in  a  cause,  the  costs 
should  be  aiTanged  as  the  equities  between  the  jDarties 
require,  without  considering  the  lien  of  the  solicitor;" 
and  see  the  remarks  of  Jessel,  M.  R.,  in  Pringle  v.  Gloag, 
10  Ch.  D.,  p.  679.  This  rule,  however,  does  not  apply  to 
the  set-off  of  costs  of  separate  and  distinct  proceedings ; 
see  Roharts  v.  Buh,  8  Ch.  D.  198  ;  Collett  v.  Preston, 
15  Beav.  458  ;  Wright  v.  Miidie,  1  S.  &  S.  266  ;  Throck- 
morton V.  Croivley,  3  Eq.  196  ;  Re  Bank  of  Hindustan, 
Ex  loarte  Smith,  3  Ch.  125  ;  Ex  parte  Cleland,  2  Ch. 
808,  where  costs  ordered  to  be  paid  by  a  petitioning 
creditor  to  a  debtor,  were  not  allowed  to  be  set  off  against 
the  debt  due  to  the  petitioning  creditor ;  Heiron  v. 
Hohson,  47  L.  J.  Ch.  574.  In  Ex  'parte  Cleland,  Lord 
Cairns,  L.  J.,  said  that  the  costs  were  not  paid  to  the 
client  for  his  own  benefit,  but  were  paid  to  him,  subject  to 
the  lien  of  the  solicitor,  for  whom  the  client  Avas  no  more 

0  0  2 


;g4 


MODES   OF   ENFORCING   PAYMENT   OF   COSTS, 


Solicitor 
may  liavc 
a  lien 
though  uot 
retained. 


Lien  not 
discharged 
by  taking 
client  in 
execution. 


Effect  of 
discharge 
or  retire- 
ment of 
solicitor 
on  lien. 


tliaii  a  trustee  ;  but  sec  Mercer  v.  Graves,  L.  R.  7  Q.  B.  499, 
"Nvlierc  thi.s  case  is  criticised.  Where  a  legatee  appeared  to 
be  indebted  to  the  estate  to  an  amount  greater  than  her 
share,  payment  of  her  costs  was,  after  decree,  ordered  to 
be  stayed  for  a  month  {Nicholson  v.  Korfon,  7  Beav,  G7). 
In  Hanson  v.  lieece,  3  Jur.  N.  S.  1204,  the  solicitor  of 
one  of  the  parties  was  allowed  a  lien  on  a  fund  placed  in 
his  hands  by  arrangement  to  abide  the  result  of  the 
litigation. 

On  the  principhj  that  it  is  inequitable  for  a  party  to 
take  the  benefit  of  a  suit  without  bearing  the  expenses  of 
it,  a  solicitor  may  have  a  lieu  for  his  costs  on  a  fund 
recovered,  though  he  acts  officiously  without  a  retainer 
{Hall  V.  Laver,  1  Ha.  o71  ;  Biurje  v.  Briitton,  2  Ha.  :\7'S). 

A  solicitor  does  not  lose  his  lien  on  the  funds  by  taking 
his  client  in  execution  under  an  attachment  {Davies  v. 
Bush,  Yo.  80S  ;  Bav'trcc  v.  Watson,  2  K.  718  ;  Lloijd  v. 
Mason,  4  Ha.  132);  or  under  a  ca.  sa.  {O'Brien  v. 
Leiuis,  2  N.  R  536,  11  W.  R  973,  afi/.  S.  C,  2  N.  R 
156) ;  notwithstanding  the  Statute  1  &  2  Vict.  c.  110, 
s.  IG  {Lloyd  V.  Mason).  But  the  lien  will  not  extend  to 
the  costs  of  the  attachment  {Davies  v.  Basic),  and  the 
satisfaction  of  the  lien  will  discharge  the  attachment  2')ro 
ianio  {ibid.). 

A  solicitor  refusing  to  act  any  longer  for  his  client  has 
no  lien  on  the  funds  recovered  {Cressu'dl  v.  Byron,  14 
Ves.  271).  But  he  does  not  altogether  lo.se  his  lien  if  he 
is  discharged  by  the  client,  or  retires  by  arrangement 
{Cormacl-  v.  Beislcy,  3  De  G.  &  J.  157);  although  he  is 
changed  in  consequence  of  his  becoming  embarrassed,  if 
there  is  no  proof  of  misconduct  {Re  Smith,  9  W.  R  396) ; 
but  as  between  the  discharged  or  retiring  solicitor  and  the 
substituted  one,  it  seems  that  the  latter  has  the  priority 
of  lien  {Cormack  v.  Beisley ;  and  see  V.C.  Wood's  judg- 
ment, 3  De  G.  &  J.  162).  Where  a  party  had  changed 
his  solicitor  three  times,  it  was  held  that  the  lien  of  the 
former  ones  did  not  prevent  the  then  present  solicitors  from 


BY    SOLICITOR   FROM   CLIENT.  665 

accepting  a  gross  sum  for  their  client's  costs  (Mornington 
V.  WeUesley,  4  Jur.  N.  S.  6).     Where  a  firm  of  solicitors 
had  ceased  to  act  for  certain  parties,  though  they  remained 
the  solicitors   on  the  record,  and  the  fund  had  been  dis- 
tributed without  jDroviding  for  their  costs,  they  obtained 
on  petition  an  order  for  the  payment    of  them   by  the 
beneficiaries  {Armstrong  v.  Storer,  27  Beav.  471).     The 
substituted  solicitor  acquires  a  lien,    although  an    order 
has  already  been  made  for  payment  of  the  client's  costs, 
with  the  costs    of   taxation,  to    the    former    one  {In   re 
Barnard,  14  Beav.  18).     The  new  solicitor  paying  the  New 
costs  of  the  discharged  one  acquires  no  lien  on  the  funds  ikying  off 
recovered   for   the   amount   so   paid  by  him  {Irving  v.  f*^^'"^^^"  °"^ 
Viana,  2  Y.  &  J.  70  ;  and  see  ante,  p.  55-3).     But  the  for  amount 
lien  may  be  assigned,  and  where  a  notice  of  the  assign-  ^°  ^^'"' " 
ment  had  been  given  to  the  plaintiff  in  the  suit  and  the 
testator's  executors,  it  was  upheld  against  the  solicitor's 
assignees  in  bankruptcy  {Day  v.  Day,  1  Do  G.  &  J.  144). 

The  solicitor  does  not  lose  his  lien  on  the  funds  by  the  Lien  not 
death  of  his  client  {Lloyd  v.  Mason,  4  Ha.  132 ;  and  see  ^^^l^l'J^ 
ante, -p.  556).  death. 

A  solicitor  retained  by  a  married  woman  in  a  matri- 
monial suit  has  a  lien  for  costs  incurred  on  her  account, 
including  costs  disallowed  on  taxation  as  between  her 
and  her  husband,  but  allowed  as  between  solicitor  and 
client,  upon  all  moneys  received  by  him  on  her  account  in 
the  course  of  the  suit.  This  lien  extends  to  alimony  in 
the  hands  of  the  solicitor  {Bremner  v.  Bremner,  L.  R.  1 
P.  &  M.  254). 

The  lien  of  the  London  agent  upon  the  property  re-  Lien  of 
covered  is,  as  against  the  country  solicitor,  a  general  one,  '^^^"^^^'^  • 
and  extends  to  all  costs  and  disbursements  due  to  him 
from  the  country  solicitor  ;  but  as  between  the  London 
solicitor  and  the  client,  the  lien  extends  only  to  the  costs 
of  the  particular  action  {Lawrence  v.  Fletcher,  12  Ch.  D. 
858  ;  27  W.  R.  937  ;  41  L.  T.  207).  An  agent  has  a 
right  as  against  the  ejjecutor  of  the  country  solicitor,  to 


566  MODES    OF   EiVFORCING   PAYMENT   OF   COSTS. 

retain  taxed  costs  paid  to  him  as  the  solicitor  on  the 
record  in  respect  of  the  sums  due  to  him  from  the  country 
solicitor  in  the  account  current  between  them  {Jeyes  v. 
Jeyes,  45  L.  J.  Ch.  245  ;  34  L.  T.  167).  In  Ex  parte 
Miuards,  7  Q.  B.  D.  155  ;  30  W.  R.  14  ;  50  L.  J.  Ch. 
541  ;  8  Q,  B.  D.  262  (C.  A.),  where  the  town  agent  refused 
to  pay  over  to  the  client  the  amount  recovered  in  the 
action,  claiming  to  retain  it  against  a  debt  of  an  equal 
amount  due  to  him  from  the  country  solicitor,  the 
Queen's  Bench  Division,  on  the  application  of  the  client, 
made  a  summary  order  for  payment. 
Unquaii-  By  s.  12  of  the  Solicitors  Act,  1874,  37  &  38  Vict.  c. 
tocai'mot  ^'^^>  ""^  costs,  fee,  reward,  or  disbursement,  on  account  of 
recover  or  iu  relation  to  any  act  or  proceeding  done  or  taken  by 
'  any  person  who  acts  as  a  solicitor,  without  being  duly 
qualified  so  to  act,  shall  be  recoverable  in  any  action,  suit, 
or  matter  by  any  person  or  persons  whomsoever.  A 
person  shall  be  deemed  to  be  duly  qualified  to  act  as  a 
solicitor  if  he  shall  have  iu  force  at  the  time  at  which 
he  acts  as  a  solicitor  a  duly  stamped  certificate,  authorising 
him  so  to  do,  pursuant  to  the  provisions  of  the  Stamp 
Laws  and  the  laws  for  the  time  being  relating  to  solici- 
tors, or  shall  have  been  appointed  to  be  solicitor  of  the 
Treasury,  Customs,  Inland  Revenue,  Post  Ofiice,  or  any 
other  branch  of  her  Majesty's  revenues,  or  of  any  public 
department,  including  the  department  of  the  Ecclesiastical 
Commissioners,  and  of  the  Governors  of  Queen  Anne's 
Bounty,  or  if  he  be  a  clerk  or  officer  appointed  to  act  for 
the  solicitor  for  any  public  department,  as  above  described, 
nor  can  his  Under  this  section  the  client,  though  otherwise  entitled 
client.  ^Q  costs,  cauuot  rccover  them  if  his  solicitor  was  uncertifi- 
cated [Foivler  v.  MonmouthsJiire  Canal  Co.,  4  Q.  B.  D. 
334  ;  48  L.  J.  Q.  B.  457  ;  27  W.  R.  659  ;  41  L.  T.  159  ; 
over-ruling  Re  Hoi^e,  7  Ch.  766).  And  of  couise  a  person 
who  acts  as  solicitor  without  being  properly  qualified 
cannot  recover  his  expenses  and  fees  from  those  for  whom 
he  acts  {Verlander  v.  Eddolls,  30  W.  R.  104). 


BY   SOLICITOR    FROM   CLIENT.  507 


C. —Charge  under  23  I-  24  Vict.  c.  127,  s.  28. 

The  solicitor's  rio^lits  asjainst  property  recovered  for  his  Cliarge 
chent  in  a  suit  have  been  extended  by  Statute  23  &  24  23  &  2i 
Vict.  c.  127,  the  28th  section  of  whicli  is  as  follows  :—         ^'f- 

c.  12/, 

"  In  every  Svucli  case  in  whicli  an  attorney  or  solicitor  s.  28. 
shall  be  employed  to  prosecute  or  defend  any  suit, 
matter,  or  proceeding  in  any  Court  of  justice,  it  shall  be 
lawful  for  the  Court  or  Judge  before  whom  any  such  suit, 
matter,  or  proceeding  has  been  heard,  or  shall  be  depend- 
ing, to  declare  such  attorney  or  solicitor  entitled  to  a 
charge  upon  the  property  recovered  or  preserved ;  and 
upon  such  declaration  being  made  such  attorney  or 
solicitor  shall  have  a  charge  upon  and  against  and  a 
right  to  payment  out  of  the  property,  of  whatsoever 
nature,  tenure,  or  kind  the  same  may  be,  which  shall  have 
been  recovered  or  preserved  through  the  instrumentality 
of  any  such  attorney  or  solicitor,  for  the  taxed  costs, 
charges,  and  expenses  of  or  in  reference  to  such  suit, 
matter,  or  proceeding;  and  it  shall  be  lawful  for  such 
Court  or  Judge  to  make  such  order  or  orders  for  taxation 
of  and  for  raising  and  payment  of  such  costs,  charges, 
and  expenses  out  of  the  said  property  as  to  such  Court 
or  Judge  shall  appear  just  and  proper  ;  and  all  convey- 
ances and  acts  done  to  defeat,  or  which  shall  operate  to 
defeat,  such  charge  or  right,  shall,  unless  made  to  a  bond 
fide  purchaser  for  value  without  notice,  be  absolutely 
void  and  of  no  effect  as  against  sucli  charge  or  right : 
Provided  always,  that  no  such  order  shall  be  made  by  any 
such  Court  or  Judge  in  any  case  in  which  the  right  to 
recover  payment  of  such  costs,  charges,  and  expenses  is 
barred  by  any  Statute  of  Limitations." 

This  Act   was  passed  to  meet  the  decision  in  Shaiv  v.  Act  to  Le 
Neale,  (3  H.  L.  C.  581,  denying  the  right  of  a  solicitor  to  a  [°b°raVlT 
lien  for  his  costs  on  real  estate  recov('re<l  by  him  for  his 
client,      It   is    to   be    construed    liberally   {Scholefield   v. 


568  MODES    OF   ENFORCING   PAYMENT    OF    COSTS. 

Loclivoocl,  7  Eq.  S3  ;  Berrie  v.  Hoivitt,  9  Eq.  1  ;  39  L.  J. 
Ch.  119  ;  Baile  v.  Baile,  13  Eq.  497). 
London  The  claim  of  a  London  agent  is  within  the  section  to 

withiathe  the  extent  of  tlie  balance  due  from  the  client  to  the 
section.  country  solicitor  {Tardrew  v.  Hoivell,  3  Giff.  381 ;  7  Jur. 
N.  S.  1120;  10  W.  R.  32);  although  the  balance  due 
from  the  country  solicitor  to  the  town  agent  is  unascer- 
tained (ibid.).  The  lien  is  not  personal  to  the  solicitor, 
but  extends  to  his  personal  representatives  {Baile  v. 
Baile,  13  Eq.  497). 
Infant.  The  word  "employed"  applies  to  the  case  of  a  solicitor 

employed  in  good  faith  by  the  next  friend  of  an  infant, 
who,  when  he  comes  of  age,  adopts  the  proceedings  {Baile 
V.  Baile)  ;  but  where  an  infant  plaintiff  recovered  property, 
Stuart,  V.  C,  refused  to  charge  the  real  estate  with  the 
next  friend's  solicitors'  costs  on  a  petition  under  the  Act 
{Bonser  v.  Bradshaw,  30  L.  J.  Ch.  159) ;  and,  on  appeal, 
the  Court  refused  to  hear  the  application,  as  it  was  not 
substantially  opposed  on  behalf  of  the  infant  (S.  C.  10 
W.  E,.  4S1)  ;  subsequently,  when  the  infant  had  attained 
twenty-ono,  the  order  was  made  (S.  C.  4  Giff.  2G0).  In  a 
suit,  however,  an  infant's  costs  can  be  made  a  charge 
{Pritchard  v.  Roberts,  17  Eq.  222). 
Married  ^  married  woman's  property  is  chargeable  under  the 

woman.       ^^^^  ^^.^^^  ^^^^  ^^^^^  ^^  ^^^^^  ^^^^^  ^^^  Keaiie ;  Lumley  v. 

Desborough,  12  Eq.  115  ;  40  L.  J.  Ch.  G17).  The  charge 
under  the  Act  extends  only  to  the  costs  of  the  particular 
matter  or  suit  in  which  the  property  has  been  recovered  or 
preserved  {Ex  parte  Thompson,  3  L.  T.  817). 
Priority  of  The  soUcitor's  lien  under  this  section  has  priority  over 
the  hen.  ^^^  charges  created  by  the  client  {Haynes  v.  CooiJcr,  33 
Beav.  431;  and  see  Baile  v.  Baile,  13  Eq.  497,  509; 
Twynam  v.  Porter,  11  Eq.  181 ;  The  Heinrich,  L.  R.  3 
A.  &  E.  505)  ;  even  though  the  client  may  have  assigned 
his  interest  with  the  knowledge  of  the  solicitor  {Pilcher 
V.  Arden,  Be  Brook,  7  Ch.  D.  318  ;  47  L.  J.  Ch.  479  ;  26 
W.  K  273  ;  38  L.  T.  111).    In  a  recent  case  the  plaintiffs, 


BY    SOLICITOR   FROM   CLIENT.  569 

with  the  knowledge  and  sanction  of  their  solicitor,  mort- 
gaged their  interests  in  the  subject-matter  of  the  suit  to 
two  of  the  defendants,  nothing  Leing  said  about  the  solici- 
tor's costs.  The  solicitor  afterwards  obtained  a  charcrino' 
order,  and  the  Court  of  Appeal  decided  that,  as  the 
mortgagees  had  notice  of  the  suit,  they  must  be  presumed 
to  have  known  the  rights  of  the  solicitor,  and  that  the 
charge  must  take  precedence  of  the  mortgage  (Faithfull 
V.  Eiuen,  7  Ch.  D.  495  ;  47  L.  J.  Ch.  457  ;  2G  W.  R  270 ; 
37  L.  T.  805).  The  same  principle,  it  would  seem,  applies 
as  between  the  solicitor  and  a  judgment  creditor  who  has 
obtained  a  garnishee  order;  and  unless  the  fund  in 
dispute  has  been  actually  disposed  of  in  some  Avay  so  as  to 
be  beyond  the  power  of  the  Court  before  the  solicitor  has 
taken  any  steps  in  the  matter,  his  right  will  not  be  inter- 
fered with.  "Until  the  execution  creditor's  position  is 
perfect,  I  think  the  Court  is  bound  to  prefer  the  attorney 
without  Avhose  services  there  would,  by  the  hypothesis, 
have  been  no  fund  on  which  either  party  could  have 
claimed"  {BlrcJudl  v.  Fiigin,  L.  R.  10  C.  P.  397,  per 
Brett,  J.;  and  see  Shiirpey  v.  Grey,  4<d  L.  J.  524;  28 
W.  R.  877 ;  42  L.  T.  673 ;  The  Leader,  L.  R.  2  A.  &  E. 
314  ;  Hamer  v.  Giles,  Giles  v.  Hctmer,  11  Ch.  D.  942  ; 
48  L.  J.  Ch.  508 ;  27  W.  R.  834  ;  41  L.  T.  270). 

The  Court  has  restrained  payment  of  the  Accountant-  ■ 
General's  cheque  in  order  to  give  the  solicitor  time  to 
apply  for  a   charging  order  under  the  Act  (Gerrard  v.  ' 
Dawes,  18  W.  R.  32  ;  21  L.  T.  322  ;  W.  N.  (1869)  221). 

A  discharged  solicitor  will  be  entitled  to  the  order  not-  Where  an 

•  1     J.        T  •  1        •        1  •      r  •  order  foi- 

Withstanding  a  previous  order  m  the  suit  for  taxation  and  paymeut 
payment   of  the  costs  out   of  a  specific  fund  (Pilcher  v.  |]f^je*^"^ 
Arden,  Re  Brook,  7  Ch.  D.  318).     In  Re  Vineys  Trusts, 
W.  N.  (1868),  243  ;  18  L.  T.  851,  where  the  same  solicitor 
continued  to  act,  V.-C.  Giffard  refused  to  make  a  charfrinir 
order. 

The  solicitor  is  entitled  to  a  charge  for  his  costs  upon  Charge 
the  whole  of  the  property  recovered  or  preserved,  and  his  th/whoie^ 


570 


MODES    OF   ENFORCING   PAYMENT    OF   COSTS. 


of  the 
property 
recovered 
or  pre  • 
served. 


right  is  not  necessarily  limited  by  the  extent  of  his  client's 
interest ;  his  right  is,  in  fact,  that  of  a  salvor  :  see  Bidley 
V.  Bulky,  8  Ch.  D.  479  ;  2G  W.  R  310,  G38  ;  Bailey  v. 
■  Birchall,  2  H.  &  M.  371  ;  11  Jur.  N.  S.  57,  where  a 
solicitor  was  allowed  a  lien  on  the  estate  of  a  deceased 
person,  though  the  executors  had  such  a  right  of  set-off 
against  the  client  as  prevented  him  from  taking  any 
actual  interest  in  the  fund  ;  Porter  v.  West,  50  L.  J.  Ch. 
231  ;  43  L.  T.  569  ;  29  W.  R.  236  ;  W.  N.  (1880)  195  ; 
Emden  v.  Carte,  19  Ch.  D.  311  ;  30  W.  R.  17 ;  45  L. 
T.  328  ;  where  a  bankrupt  having  commenced  an  action, 
his  trustee  in  bankruptcy  intervened  and  took  the  con- 
duct of  the  action  out  of  his  hands,  and  the  solicitor  of 
the  bankrupt  was  held  entitled  to  a  charge  for  his  costs, 
up  to  the  time  of  the  intervention  of  the  trustee,  on  money 
paid  into  Court  by  the  defendant  in  the  action.  On  the 
other  hand,  Lord  Eomilly,  M.  R,  held,  in  Be rriey.Howitt, 
9  Eq.  1  ;  39  L.  J.  Ch.  119,  that  the  charge  extended  only 
to  the  property  of  the  client,  but  the  soundness  of  this 
decision  has  been  doubted  {Bulley  v,  Bidley,  8  Ch.  D. 
p.  488). 

By  the  decree  in  a  partition  action  the  plaintiffs  were 
declared  entitled  to  one-third  of  the  hereditaments  in 
question,  and  to  an  account  and  payment  by  the  de- 
fendants of  one-third  of  the  rents  and  profits  from  a 
certain  date ;  the  premises  were  ordered  to  be  sold,  and 
the  plaintiff's  costs  up  to  and  including  the  hearing  were 
made  costs  in  the  action.  Before  the  account  was  com- 
pleted or  the  property  sold,  the  plaintiffs  threatened  to 
change  their  solicitors  and  compromise  the  action.  On  a 
petition  by  the  plaintiff's  solicitors,  asking  for  a  charge 
on  the  whole  property,  it  was  held  that  as  no  order  had 
been  made  for  payment  of  the  costs  of  the  action  out  of 
the  proceeds  of  sale,  the  Court  could  not  anticipate  such 
order,  and  that  the  solicitors  could  only  be  treated  as 
having  a  lien  on  the  plaintiff's  one-third  share  of  the 
hereditainents  and  the  rents  and  profits  ;  but  the  plaintiffs 


BY    SOLICITOR   FROM    CLIENT.  571 

were  restrained  from  receiving  any  money  in  the  action 
or  by  way  of  compromise  without  notice  to  the  sohcitors 
{Lloyd  V.  Jones,  27  W.  E.  Goo  ;  40  L.  T.  514,  Fry,  J.). 
And  see  Kirhy  v.  Carter,  Hayton  v.  Kirhy,  W.  N. 
(1871),  162. 

As  to  the  meaning  of  "  property  recovered  or  preserved,"  ^^'i^*-  is 
see  the  remarks  of  Jessel,  M.  R.,  in  Faxon  v.  Gascoigne,  preserva-"' 
9  Ch,  p.  657 ;  43  L.  J.  Ch.  729.  "  No  doubt  it  [the  section]  ^i°"- 
appHes  to  property  of  all  kinds  :  personal  property  and 
real  property,  corporeal  and  incorporeal  property,  property 
in  possession,  and  property  in  remainder  or  reversion. 
Whenever  any  property  has  been  recovered  or  preserved, 
there  the  Act  may  be  said  to  apply,"  j9er  Mellish,  L.  J.,  in 
Faxon  v.  Gascoigne,  9  Ch.,  p.  660  ;  43  L.  J.  Ch.  729.  The 
section  extends  to  a  chose  in  action  {Birchall  v.  Pugin, 
L.  R.  10  C.  P.  897).  Property  has  been  held  to  be  re- 
covered or  preserved  in  the  following  cases  :  Where  a 
cestid  que  trust  obtained  the  appointment  of  a  receiver  in 
a  suit  against  a  trustee,  though  the  suit  was  subsequently 
compromised  (Twynam  v.  Farter,  11  Eq.  181  ;  40  L.  J. 
Ch.  617  ;  and  see  Baile  v.  Baile,  13  Eq.  507)  ;  where  a 
mortgagee  obtained  a  foreclosure  decree  (Wilson  v. 
Round,  4  Giff.  416  ;  10  Jur.  N.  S.  34)  ;  where  land  was  - 
recovered  in  ejectment  {Wilson  v.  Hood,  33  L.  J.  Ex. 
204  ;  3  H.  &  C.  148  ;  10  Jur.  N.  S.  592)  ;  where  the  client 
was  defendant  in  a  foreclosure  suit,  the  result  of  which 
was  that  the  chance  of  foreclosure  was  lessened  {Schole- 
field  V.  Lackwood,  7  Eq.  83)  ;  where  a  suit  was  successfully 
conducted  against  an  incumbrancer,  whose  incumbrance, 
though  valueless,  was  a  cloud  upon  the  title  {Jones 
V.  Frost,  re  Fiddey,  7  Ch.  773)  ;  where  judgment  was 
recovered  in  an  action  of  detinue,  and  the  proceeds  of 
the  goods  were  subsequently  paid  into  Court  in  an  ad- 
ministration suit  (Catlaiu  v.  Catlow,  2  C.  P.  D.  362; 
25  W.  R.  866)  ;  where  the  defendant  paid  money  into 
Court  in  the  action  {Clover  v.  Adartis,  6  Q.  B.  D.  622; 
Emden  v.  Carte,  19  Ch.  D,  311  ;  30  W.  R.  17;  where 


572  MODES    OF    ENFORCING   PAYMENT    OF    COSTS. 

an  order  was  made  under  the  Declaration  of  Titles 
Act  {Pritchard  v.  Roberts,  17  Eq.  222)  ;  and  see  also 
Smith  V.  Winter,  18  W.  R  447;  Re  Keane,  Lumley  v. 
Deshorough,  12  Eq.  115  ;  40  L.  J.  Cli.  G17  ;  Morris  v. 
Francis,  cited  12  Sol.  J.  718  ;  The  Phillipine,  L.  R.  1  "A. 
&  E.  309  ;  15  W.  R  402. 

Where,  however,  in  an  administration  suit  by  a  residuary- 
legatee  an  ordinary  decree  for  administration  and  the 
appointment  of  a  new  trustee  was  made,  and  the  decree 
was  carried  into  chambers,  and  the  accounts  brought  in 
but  all  further  proceedings  were  then  stopped  by  the 
plaintiff,  Lord  Selborne,  L.  C,  held  that  no  property  had 
beeti  recovered  or  preserved  (Pinl-erton  v.  Easton,  IG  Eq. 
490  ;  42  L.  J.  Ch.  878).  And  a  suit  which  only  relates  to 
an  easement  is  not  one  in  which  property  can  be  said  to 
be  recovered  or  preserved,  even  though  a  mandatory  in- 
junction for  pulling  down  buildings  is  refused  (Foxon  v. 
Gascoigne,  9  Ch.  654 ;  43  L.  J.  Ch.  729)  ;  the  action,  in 
fact,  must  be  one  for  the  recovery  of  property,  or  for  the 
administration  of  property,  or  otherwise  dealing  with  the 
ownership  of  propert}'-  (ibid.). 
^  ,  The  order  declarino-  the  charge  must  be  made  in  the 

Order,  ®  °        , 

bow  made,  branch  of  the  Court  to  which  the  suit  was  attached,  and 
may  be  made  though  the  suit  has  come  to  an  end  {Hein- 
rich  V.  Siitton,  Re  Fiddey,  G  Ch.  8G5 ;  Jones  v.  Frost,  Re 
Fiddey,  7  Ch.  773).  It  must  be  made  by  the  judge  who 
!  tried  the  case  {Higgs  v.  Schrader,  3  C.  P.  R  252  ;  47  L. 
J.  C.  P.  42G  ;  26  W.  R.  881 ;  Porter  v.  West,  50  L.  J.  Ch. 
231  ;  W.  N.  (1880),  195 ;  29  W.  R  23G  ;  43  L.  T.  569)  ; 
and  where  the  action,  though  intituled  in  the  Chancery 
Division,  is  tried  before  a  judge  and  jury,  the  application 
must  be  made  to  the  judge  who  tried  the  action  and  not  to 
the  Chancery  judge  {Otuen  Y.Henshaiv,  7  Ch.D.  385 ;  47  L.J. 
Ch.  267  ;  26  W.  R.  188).  Where  the  cause  was  tried  in  the 
Court  of  Common  Pleas  at  Lancaster,  it  was  held  that  the 
application  for  a  charging  order  was  rightly  made  to  the 
Common  Pleas   Division  (Ccdloiv  v.  Catloiu,  2  C.  P.  D, 


BY    SOLICITOR   FROM   CLIENT.  573 

3G2,  following  Wilson  v.  IL>o<J,  ;3  H.  &  C.  148;  33  L.  J. 
Ex.  204).     The  Court   in  which  the   action  was   brought 
may  make   the   order   notwithstanding  a  decree   for  nd- 
immstYntion  (Wilson  V.  Hood  ;   Cathnu  v.  Gatlovj).     Tlie  By  rcti- 
order  is  properly  made  on  petition,  but  the  other  parties  ^^°"  ' 
to   the   action   should   not   be  served  with   the  petition 
{Broim  V.  Trotman,  12  Ch.  D.  880  ;  48  L.  J.  Ch.  8(32; 
41  L.  T.  179  ;  28   W,  R.  1G4).     The  order  may  also  be  or  sum - 
obtained  on  summons  (Clover  v.  Adams,  G  Q.  B.  D.  G22  ;  ™°°^' 
Hamcr  v.  Giles,  Giles  v.  Earner  (M.  R),  11  Ch.  D.  942  ; 
48  L.  J.  Ch.  508  ;  41  L.  T.  270  ;  27  W.  R.  834);   and  is  How  in- 
sufficient if  intituled  in  the  action,  it  need  not  be  intituled  ^'*"'^'^-    . 
either  in  the  matter  of  the  Act  or  of  the  solicitor  (ibid.). 
A  solicitor  who  has  properly  discharged  himself  is  entitled 
to  an  order  (Clover  v.  Adams). 

For  form  of  order  see  Seton,  p.  643  ;  R.  S.  C,  April,  Fo™  ot 
1880,  Sched.  H.  27.     In  making  the  order  it  is  the  duty  °'''^'''' 
of  the  Court  to  limit  it  to  costs  properly  incurred  [Emden 
V.  Carte,  19  Ch.  D.  311  ;  30  W.  R.  17 ;  45  L.  T.  328). 

In  Pilcher  v.  Arden,  re  Brool;  7  Ch.  D.  318  ;  26  W. 
R.  273,  the  Court  of  Appeal  varied  the  order  of  the  Court 
below  by  striking  out  a  direction  that  the  amount  should 
be  raised  by  sale  with  the  approbation  of  the  judge,  and 
inserting  in  its  place  a  direction  that  either  party  should 
be  at  liberty  to  apply  to  the  judge  with  reference  to 
enforcing  the  charge  by  sale  or  otherwise. 

The  Statute  of  Limitations  does  not  begin  to  run  as  Statute  of 
against  the  solicitor  in  respect  of  his  claim  for  costs,  while 
the  proceedings  are  going  on  and  his  name  is  still  on  the 
record  as  solicitor  (Baile  v.  Baile,  13  Eq.  497). 

The  fact  of  a  solicitor  having  obtained  a  charging  order 
under  this  section  and  afterwards  a  stop  order,  and  havin<>- 
been  subsequently  served  with  proposed  minutes  of  order 
on  further  consideration,  does  not  entitle  him  to  his  costs 
of  obtaining  the  stop  order  or  the  costs  of  his  appearance 
on  farther  consideration  {Mildmay  v.  Quieke,  6  Ch.  D.  553  ; 
25  W.  R.  788). 


Limita- 
tiou«. 


APPENDIX  I. 

ADDITIONAL    RULES    OF    COURT    UNDER    THE 
SUPREME  COURT  OF  JUDICATURE  ACT,  1875, 


Order  VI. 

The  following  regulations  as  to  costs  of  in-oceeclings  in  the  Supreme  scaiPs  of 
Court  of  Judicature  shall  regulate  such  costs  from  the  commencement  '"'sts. 
of  the  Supreme  Court  of  Judicature  Acts,  1873  and  1875  :  s'eak '"'^"^ 

1.  Solicitors  shall  he  entitled  to  charge  and  be  allowed  the  fees 
set  forth  in  the  column  headed  "lower  scale"  in  the  schedule 
hereto — 

In  all  actions  for  purposes  to  which  any  of  the  forms  of  indorse- 
ment of  claim  on  writs  of  summons  in  Sections  II.,  IV.,  and  VII. 
in  Part  II.  of  A])pendix  A.,  referred  to  in  the  3rd  rule  of  Order  III. 
in  the  Schedule  to  the  Supreme  Court  of  Judicature  Act,  1875,  or 
other  similar  forms,  are  applicable  (except  as  after  provided  in  actions 
for  injunctions)  ; 

In  all  causes  and  matters  by  the  34th  section  of  the  Supreme  Court 
of  Judicature  Act,  1873,  assigned  to  the  Queen's  Bench  Division  of  the 
Court ; 

In  all  causes  and  matters  by  the  34th  section  of  the  said  Act 
assigned  to  the  Common  Pleas  Division  of  the  Court  ; 

In  all  causes  and  matters  by  the  34th  section  of  the  said  Act 
assigned  to  the  Exchecpier  Division  of  tlie  Court  ; 

In  all  causes  and  matters  by  the  34th  section  of  the  said  Act 
assigned  to  the  Probate,  Divorce,  and  Admiralty  Division  of  the 
Court ; 

And  also  in  causes  and  matters  by  the  34th  section  of  the  said  Act 
assigned  to  the  Chancery  Division  of  the  Court  in  the  following  cases; 
(that  is  to  say,) 

1.  By  creditors,  legatees  (whether  specific,  pecuniary,  or  residuary), 

devisees  (whether  in  trust  or  otherwise),  heirs-at-law  or  next- 
of-kin,  in  which  the  personal  or  real  or  personal  and  real 
estate  for  or  against  or  in  respect  of  which  or  for  an  account 
or  administration  of  which  the  demand  may  be  made  shall  be 
under  the  amount  or  value  of  £1,000. 

2.  For  the  execution  of  trusts  or  ap])ointment  of  new  trustees  in 

which  the  trust  estate  or  fund  shall  be  under  the  amount  or 
value  of  £1,000. 

3.  For  dissolution  of  partnership  or  the  taking  of  partnership  or 

any  other  accounts  in  which  the  partnership  assets  or  the  estate 
or  fund  shall  be  under  the  amount  or  value  of  £1,000. 


576 


ArrENDix  1. 


"  Hi^'licr 
scale." 


Discretion 
of  tlie 
Court. 


Costs  may 
be  taxed  on 
liiglicr  scale 
llKiuyh 
Court  fees 
l.avc  been 
Vaiil  on  tlie 
lower. 

Artious  for 
aiiuiinistra- 
tiun. 


4.  For  foreclosure  or  redemption,  or  for  enforcing  any  charge  or 

lien  in  which  the  mortgage  whereon  the  suit  is  foitndecl,  or 
the  charge  or  lien  sought  to  be  enforced,  shall  be  imder  the 
amount  or  value  of  ^1,000. 

5.  And  for  specific  performance  in  which    the  purchase  money 

or  consideration  shall  lie  under  the  amount  or  value  of 
i'1,000. 
G.  In  all  proceedings  under  the  Trustees  Belief  Acts,  or  under  the 
Trustee  Acts,  or  under  any  of  such  Acts,  in  which  the  trust 
estate  or  fund  to  which  the  proceeding  relates  shall  lie  under 
the  amount  or  value  of  £1,000. 

7.  In  all  proceedings  relating  to  the  guardianshiiJ  or  maintenance 

of  infants,  in  A\hich  the  property  of  the  infant  shall  be  under 
the  amount  or  value  of  £1,000. 

8.  In  all  jn-oceedings  by  original  special  case,  and  in  all  proceed- 

ings relating  to  funds  carried  to  separate  accounts,  and  in  all 
proceedings  itnder  any  Eaihvay  or  Private  Act  of  Parliament, 
or  under  any  other  statutory  or  summary  jurisdictioji,  and 
generally  in  all  other  cases  where  the  estate  or  i'und  to  be 
dealt  with  shall  be  under  the  amount  or  A-alue  of  £1,000. 

2.  Soliciturs  shall  be  entitled  to  charge  and  be  alloAved  the  fees  set 
forth  in  the  colitmn  headed  "  higher  scale"  in  the  schedule  hereto  ; 
in  all  actions  for  special  injunctions  to  restrain  the  commission  or 
continuance  of  waste,  nuisances,  breaches  of  covenant,  injuries  to 
property,  and  infi-ingement  of  rights,  easements,  ]iatents,  and  copy- 
lights,  and  other  similar  cases  where  the  procuring  such  injunction 
is  the  principal  relief  sought  to  be  obtained,  and  in  all  cases  other 
than  those  to  which  the  fees  in  the  column  headed  "lower  scale  "  are 
hereby  made  ajiplicable. 

3.  Notwithstanding  these  Eules,  the  Court  or  Judge  may  in  any 
case  direct  the  fees  set  forth  in  either  of  the  said  two  columns  to 
be  allowed  to  all  or  either  or  any  of  the  parties,  and  as  to  all  or  any 
part  of  the  costs. 

4.  The  provisions  of  Order  LXIII.  in  the  first  schedule  to  the 
Sitpreme  Court  of  Judicature  Act,  1875,  shall  apply  to  these  Eules. 

The  costs  may  be  taxed  on  the  higher  scale  althotigh  the  Court 
fees  have  been  paid,  on  the  certificate  of  the  plaintiff's  solicitor 
during  the  progress  of  the  suit,  on  the  lower  scale  {FlocJdon  v.  Fcale, 
4X.  E.  456  ;  12  W.  E.  1023). 

In  administration  actions  where  the  gross  value  of  the  estate  to  be 
administered  amounts  to  i,'l,000  at  the  time  the  action  is  commenced 
the  higher  scale  applies  ;  and  in  estimating  such  value  where  the 
estate  to  be  administered  comprises  an  efjuity  of  redemption  the 
A'alue  of  the  equitj-  of  redemption  only,  and  not  of  the  entire  mort- 
gaged estate,  is  to  be  regarded.  If,  however,  in  such  a  case  the 
e(|uity  of  redemption  has  been  valtied  at  the  time  of  the  institution 
ot  the  action  at  such  "S*  sum  as,  with  the  rest  of  the  estate  to  be 
administered,  amottnts  to  £1,000  or  itpwards,  but  it  afterwards  turns 
out  on  a  .-ale  by  the  mortgagees  that  the  proceeds  of  sitch  sale, 
together  with  the  rest  of  the  estate  to  be  administered,  amount 
to  less  than  £1,000,  the  lower  scale  applies  {In  re  Sanderson,  7  Ch. 
D.  176  ;  26  W.  E.  309  ;  38  L."  T.  379  ;  In  re  Recce's  Estate,  Gould 
V.  Dummdt,  2  Eq.  609  ;  14  W.  E.  1008  ;  Steimrd  v.  Xurse,  W.  X. 
(1874),  38  ;  43  L.  J.  Ch.  384).     But  if  the  estate  has  been  reduced 


SCALE    OF   COSTS. 


to  below  ^1,000  before  action  brought,  the  lower  scale  applies  {Judcl 
V.  Plum,  29  Beav.  21).  Where  the  action  was  in  substance  merely 
an  action  for  damages,  although  tlieie  was  also  a  claim  for  adminis- 
tration "  if  necessary,"  the  lower  scale  was  held  to  ajjply,  the  action 
not  being  one  of  those  assifjned  to  the  Chancery  Division  {Rogers  v, 
Jones,  7  Ch.  D.  345  ;  38  L.  T.  17). 

In  a  redemption  action,  where  the  amount  due  at  the  time  the  Mortgages. 
action  is  commenced  is  under  .£1,000,  the  lower  scale  applies,  although 
the  mortgage  was  made  to  secure  a  larger  sum  {Cotterell  v.  Stratton, 
17  Eq.  543).     And  the  lower  scale  also  applies  to  interpleader  suits  intcriileader 
where  the  amount  in  dispute  is  under  tlie  value  of  ^1,0U0  (Gibhs  v.  '*^"'^s. 
Gibhs,  6  W.  R.  415). 

Where  the  suit  in  addition  to  the  recovery  of  money  sought  other  Where 
relief,  such  as  the  appointment  of  new  trustees,  or  the  Avinding  up  of  '''si'er  scale 
a  benefit  building  society,  it  was  held  that  though  only  £800  v/as  '''"°'''''''- 
recovered,  the  costs  were  properly  taxed  on  the  higher  scale  {Grimes 
V.  Harrison  (Xo.  2),  27  Beav.  lt)8  ;  28  L.  J.  Ch.  828  ;  and  see  Earl 
of  Stamford  v.  Daicson,  4  Eq.  352  ;  15  W.  R.  896).     So,  where  an 
action  on  a  bill  of  exchange  was  properly  brought  in  the  Chancery 
Division,  the  higher  scale  was  allowed  {Pooleij  v.  Driver,  5  Ch.  D. 
458). 

■^Yl^ere  in  an  action  for  trespass  to  land  the  plaintiff  claimed  and  iBjunction. 
obtained  an  injunction  in  addition  to  damages  for  the  trespass,  but 
the  nature  of  the  trespass  did  not  involve  any  assertion  of  title,  or 
any  injury  of  a  permanent  irreparable  character,  it  was  held  that  this 
was  not  such  an  action  for  an  injimction  as  to  render  the  higher 
scale  applicable  {Chapman  v.  Midland  By.  Co.,  5  Q  B.  D.  431  ;  and 
see  Diike  of  Norfolk  v.  Arbuthnot,  6  Q.  B.  D.  279  ;  50  L.  J.  Q.  B.  384  ; 
29  W.  R.  337).  Where,  however,  the  injunction  was  the  ]irinci])al 
relief  sought  and  the  action  was  brought  to  establish  a  right,  the 
plaintiff  was  allowed  costs  on  the  higher  scale  {Horner  v.  Oylcr,  49  L. 
J.  C.  P.  655  ;  and  see  Ecade  v.  Bentley,  3  K.  &  J.  271). 

It  seems  that  r.  3  of  this  Order  is  not  limited  to  costs  in  actions  Discretion 
brought  in  the   Chancery  Division,  but  gives  the  Queen's  Bench  S";^"  '^y 
Division  a  discretionary  power  to  order  costs  to  be  taxed  on  the  ^'  ^' 
higher  scale,  even  though  the  cause  of  action  involves  no  equitable 
element  {Duke  of  Norfolk  v.  Arbuthnot,  6  Q.  B.  D.  279). 

A  judge  has  no  power  to  delegate  to  a  master  the  discretionary 
authority  given  him  by  r.  3  (Corticene  Floor  Coverinq  Co.  v.  TulL  27 
W.  R.  373). 

As  to  the  scale  of  costs  on  taxation  of  a  solicitor's  bill,  see  In  re  Scale  of 
Foster,  W.  N.  (1877),  175  ;  63  L.  T.  192  ;  the  taxation  is  dealt  with  costs  on 
with  reference  to  the  value  of  the  property  in  dispute,  and  does  not  ^^^'''*'°"' 
depend  on  the  amount  of  the  bill. 

The  general  discretion  of  a  judge  of  the  Chancery  Division  over  Where  only 
the  costs  of  an  action  tried  before  him  is  limited  by  the  provisions  of  ^•''^•"^  °"  t^'« 
the  County  Courts  Act,  1867,  s.  5,  which,  by  the  express  woids  of  s.  cou.'t  scale 
67  of  the  Judicature  Act,  1873,  now  apply  to  all  actions  commenced  allowed. 
in  the  High  Court  of  Justice,  in  which  any  relief  is  sought  of  a 
kind  which  can  be  given  in  a  County  Court.    Hence,  if  in  any  action 
founded   on   contract,    commenced  'in  the   Chancery   Division,  the 
plaintiff  shall  recover  a  sum  not  exceeding  £20,  or  if  in  any  action 
founded  on  tort,  he  shall  recover  a  sum  not  exceeding  £10,  whether 
by  verdict,  judgment,  or  default,  or  on  demuirer  or  otherwise,  he 


P  P 


578  APPENDIX   I. 

will  not  be  entitled  to  any  costs  of  suit  unless  the  judge  certify  on 
the  record  that  there  was  sufficient  reason  for  bringing  such  action  in  a 
Superior  Court,  or  unless  the  Court  or  a  Judge  at  Chambers  shall  by 
rule  or  order  allow  such  costs.  For  cases  on  section  5,  see  Wilson's 
Jud.  Acts,  2nd  ed.,  p.  61. 

But  many  actions  are  brought  in  the  Chancery  Division  which 
cannot  be  said  to  be  founded  either  on  tort  or  on  contract,  yet  in. 
which  relief  is  sought  which  can  be  given  in  a  Coi;nty  Court,  e.g., 
actions  for  administration,  actions  for  the  execution  of  trusts,  actions 
for  partition,  in  Avhich  the  estate  to  be  administered  or  the  trust 
fund  does  not  exceed  £500. 

Now  in  all  these  cases  any  Judge  of  the  Cl.ancery  Division  is  em- 
powered by  s.  8  of  the  County  Courts  Acts  of  1867  (which  also  is 
expressly  re-enacted  by  s.  67  of  the  Judicatiire  Act,  1873)  to  transfer 
the  action  to  the  County  Court,  or  one  of  the  County  Courts  in  which 
the  same  might  have  been  commenced,  either  upon  the  application 
of  any  i:)arty  to  the  suit,  or  without  any  such  application  if  he  shall 
see  fit  ;  and  the  action  will  then  proceed  in  the  same  manner  as  if 
commenced  in  the  County  Court.  Transfer  under  this  section  is  a 
matter  for  the  discretion  of  the  Judge  of  the  Chancery  Division, 
with  which  the  Court  of  Appeal  will  not  interfere  {Linford  v.  Gud- 
fjeon,  6  Ch.  359  ;  40  L.  J.  Ch.  514  ;  19  AV.  R  577). 

But  if  the  Judge  does  not  exercise  the  power  conferred  on  him  by 
s.  8  of  the  County  Court  Acts,  1867,  then  if  the  action  be  foimded 
neither  on  tort  nor  on  contract,  there  is  no  statutory  provision  appli- 
cable, and  it  follows  that  the  costs  are  in  the  discretion  of  the  Court 
in  the  ordinary  way.  But  in  exercising  that  discretion  the  Judge 
will  of  course  have  regard  to  the  nature  of  the  action  and  to  the 
amount  in  dispute,  and  if  he  be  clearly  of  opinion  that  the  action 
ought  to  have  been  brought  in  a  County  Court,  he  will  allow  the 
plaintiff  only  the  costs  of  a  County  Court  suit.  Thus,  in  Simmons  v. 
McAdam,  6'Eq.  324  ;  16  W.  R.  963,  which  was  a  suit  to  foreclose  a 
mortgage  for  £40,  and  in  Ali  v.  Forrester,  21  L.  T.  819,  wdiich  was  a 
suit  against  trustees  Avhere  the  trust  fund  had  been  reduced  to  £500 
before  the  filing  of  the  bill,  only  County  Court  costs  were  allowed. 
But,  on  the  otfier  hand,  in  Browne  v.  Bye,  17  Eq.  343,  and  ScoHo  v. 
Heritage,  3  Eq.  212,  which  were  both  siiits  to  foreclose  mortgages 
for  £50,  the  plaintiff  in  each  case  obtained  his  usual  costs. 

So  in  Cholmondeley  v.  Bhelps,  16  Sol.  J.  27,  Avhicli  was  a  suit  to 
secure  an  annuity  of  £30,  the  M.  E.  thought  the  suit  might  have 
been  brought  in  the  County  Court,  but  the  question  was  not  so  clear 
as  to  disentitle  the  plaintiff  to  his  ordinary  costs.  And  see  Grandin 
V.  Haines,  W.  N.  (1873),  12,  92. 


SCHEDULE   OF   FEES    UNDER  ADDITIONAL   RULES   OF   COURT.      579 


SCHEDULE  OF  FEES  TO  SOLICITORS  REFERRED  TO  IN  THE 
ADDITIONAL  RULES  OF  COURT  UNDER  THE  SUPREME 
COURT    OF    JUDICATURE    ACT,    1875. 

WRITS,    SUMMONSES,   AND   WARRANTS. 

Lower  Scale.    Higher  Scale. 
£     .<;.      (L  i-      s.      'I- 

Writ  of  summons  for  the  commencement  of  any  action  .068  0134 
And  for  endorsement  of  claims,  if  special  .  .  .050  050 
Concurrent  writ  of  summons  .  .  .  .  .  0  (3  8  0  G  8 
Renewal  of  a  writ  of  summons  .  .  .  ..068  068 
Notice  of  a  writ  for  service  in  lieu  of  writ  out  of  juris- 
diction          .040050 

Writ  of  inquiry     .         . 110         110 

Writ  of  mandamus  or  injunction  .         .         .         .     0  10     0         110 

By  tlie  rules  of  6tli  April,  1880,  writs  of  injunctiou 
are  abolished. 

Or  per  folio 0     14        0     14 

Writ  of  subpoena  ad  testificandum  duces  tecum  .  .068  0  (!  8 
And  if  more  than  four  folios,  for  each  folio  beyond  four  0  14  0  14 
Writ  or  writs  of  subpoena  ad  testificandum  for  any  number 

of  persons  not  exceeding  three,  and  tlie  same  for  every 

additional  number  not  exceeding  three       .         .         .068         068 
Writ  of  distringas,  pursuant  to  statute  5  Vict,  c .  8  _       .0134         0  13     4 
By  the  rules  of  the  6th  April,  1880,  writs  of  distringas 
are  abolished. 
Writ  of  execution,  or  other  wiit  to  enforce  any  judgment 

or  order 0     7     0         0  10     0 

And  if  more  than  four  folios,  for  each  folio  beyond  four  0  14  0  14 
Procuring  a, writ  of  execution^ of  notice  to  the  sheriff, 

marked'as''a  seal  of  renewal        .         .         .         .         .068         068 

Notice  thereof  to  serve  on  sheriff 040         05     0 

Any  writ  not  included  in  the  above      .         .         ..070         0100 
These  fees  include   all  endorsements  and  copies, 
pra3cipes,  for  the  officer  sealing  them,  and  atten- 
dances to  issue  or  seal,  but  not  the  court  fees. 
^Summons  to  attend  at  Judge's  Chambers      .         .         .030         068 
Orif  special,  at  Taxing  Officer's  discretion,  not  exceeding     0     6     8         110 
Copy  for  the  iudire,  when  required         .         .         .         .020         020 
Or  per  folio  .         .         •    .     -.       •         •        .-         .000         004 

Original  summons  for  proceeding  in  Chambers  in  the 

Chancery  Division      .         .         .         .         .         .         .0  13     4         110 

And  attending  to  get  same  and  duplicate  sealed,  and 

at  the  proper  oiffce  to  file  duplicate  and  get  copies 

for  service  stamped 0  13     4         0  13     4 

Copy  for  the  Judge 0     2     0        0     2     0 

Or  per  folio    .         .         ._ 000        004 

Endorsing  same,  and  copies  under  8th  rule  of  the  35th 

of  the  Consolidated  General  Orders  of  tlie  Court  of 

Chancery 068        068 

*  See  W.  N.  (1S~6),  22. 

P  P  2 


580  APrEKDix  I. 


SERVICES,  KOnCE&,  AND  DKUAND& 

£     ».      »l.  jC      r      >' 

Service  of  mjt  writ,  nimuio'  torii's 

]-*'     "    .    .'   '    •    •■<•,  Ofv.. ..huluiB 

I.  .nee,  and  ir  nut  autiiohzul  to  be 

t  0jO05O 

If 

I  : 
',  for  each  niiio  beyond  such* two 
0     10         0     10 

I  ll 

[.  •  liic  LoiiJuu  a^«;iit>,  fur  conc- 

f;  M .070070 

Whtri;  li.utx.  ■  "  t 

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Fo:  •!  11'  •■  '     '!  woncc  18  to 

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0     ^     C         0     i     0 

Or  '-      ■'    '  '  '  iH)t.t    .        .        .        .    u     I     •",        0     1     0 

Wi  .  or  any  two  of  thcni, 

I  „ ..    fee  only  for  i«;r%icc  w 

t 
In  .1.  vo  fccA,  UiQ  following  allowances 

A*  \\\\)  foUoH,  for  copy  foracn-ice, 


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f  .    .       ,        .ad 

, 0     I     0         O     I     0 

For  J .  ,        „  ICO  or  atluiJl,  and  one  copy    0    6    0        0    7    0 

•  ««•  w  X.  firi). ::. 


SCOKDULR  OP  PEnt   rXDSB  AUDITIOMAL  IIUIJU  OP  <■ 


f.Sl 


If  tpec^  o;  DcccAui. 
Tuittg  Oflk«r  •h«ll  ■■ 

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And  for  Mick  copy  b«Ton>|  tb«  flnl,  wich 

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582  APPENDIX   I. 

Lower  Scale.    Higher  Scale. 

£     s.      d.  £      s.      (L 

For  joinder  of   issue  witliout  other  matter,  and  for 

demurrer 068        0  13    4 

For  special  case,  special  petition,  any  other  pleading  (not 

being  a  summons),  and  interrogatories  for  examination 

of  a  party  or  witness  ....... 

To  amend  any  pleading 

Foraffidavit  in  answer  to  interrogatories,  and  other  special 

affidavits     ......... 

To  appeal 

To  add  parties  by  order  of  Court  or  Judge     . 

For  counsel  to  advise  on  evidence  wlien  the  evidence  in 

chief  is  to  be  talien  orally 

Or  not  to  exceed 

For  counsel  to  make  any  application  to  a  Court  or  Judge 

where  no  other  brief 

For  brief  on  motion  for  special  injunction 

For  brief  on  hearing  or  trial  of  action  upon  notice  of 

trial  given,  whether  such  trial  be  before  a  Judge  or 

with  or  without  a  jury,  or  before  an  official  or  .special 

referee,  or  on  trial  of  an  issue  of  fact  before  a  Judge, 

commissioner,  or  referee,  or  on  assessment  of  damages     110        2     2     0 
For  such  brief,  and  for  luief  on  the  hearing  of  an  appeal 

when  witnesses  are  to  be  examined  or  cross-examined, 

such  fee  may  be  allowed  as  the  Taxing  Officer  shall 

think  fit,  having  regard  to  all  the  circumstances  of 

the  case,  and  to  other  allowances,  if  any,  for  atten- 
dances on  witnesses  and  procuring  evidence       .         .000        000 
The  fees  for  instnictions  for  brief  are  not  to  apply  to  a 

heariuir  on  further  consideration. 


DRAWING  PLEADINGS  AND   OTHER   DOCUMENTS, 

Statement  of  claim 

Or  per  folio 

Statement  of  defence 

Or  per  folio    . 

Statement  of  defence  or  counter-claim  .... 

Or  ]jer  folio 

Eeply,  with  or  witliout  joinder  of  issue,  confession  of 

defence,  joinder  of  issue  without   other  matter,  de- 
murrer, and  any  other  pleading  (not  l^eing  a  petition 

or  summons),  and  amendments  of  any  pleading 
Or  per  folio    ......... 

Particulars,  breaches,  and  objections,  when  required,  and 

one  copy  to  deliver 050        068 

Or  such  amount  as  the  Taxing  Officer  shall  think  fit, 

not  exceeding  per  folio 008         014 

If  more  than  one  copy  to  be  delivered,  for  each,  other 

copy  per  folio .004         004 

Special  case,  wdiether  original  or  in  action,  affidavits  in 

answer  to  interrogatories  and  other  special  affidavits, 

special  petitions  and  interrogatories,  per  folio     .        .010        010 


0 

10 

0 

1    1 

0 

0 

1 

0 

0     1 

0 

0 

5 

0 

0  10 

0 

0 

1 

0 

0     1 

0 

0 

5 

0 

1    1 

0 

0 

1 

0 

0     1 

0 

0 

5 

0 

0  10 

0 

0 

1 

0 

0     1 

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0 

1 

0 

0     1 

0 

0 

6 

8 

0  10 

0 

0 

1 

0 

0     1 

0 

0 

G 

8 

0     G 

8 

SCHEDULE  OF  FEES  UNDER  ADDITIONAL  RULES  OF  COURT.   583 

Lower  Scale.    Higher  Scale. 

Brief,  on  trial  or  hearing'  of  cause,  issue  of  fact,  assess-     *"    *"    '''       ^    *"    ''' 

ment  of  damages,  examination  of  witnesses,  demurrer, 

special  case,  and  petition  before  a  Court  or  Judge, 

sherili;  commissioner,  referee,  examiner,  or  oflicer^of 

the  (Jourt,  Avlien   necessary  and  proper  addition   to 

pleadmgs,  including  necessary  and  proper  observa- 
tions, per  folio 

Brief  on  application  to  add  parties  .        .         .        . 

Or  per  folio 

Brief  on  further  consideration,  per  slieet  of  10  folios 
Accounts,    statements,    and   other    documents    for   the 

Judge's  Chambers,  when  rec^uired,  and  fair  copy  to 

leave,  per  folio  008         014 

Advertisements  to  be  signed  by  Judge's  clerk,  includin,'^ 

attendance  therefor    .         .         .'.         .         ,        '!oG8         0134 
Bill  of  costs  for  taxation,  including  copy  for  the  Taxiii'' 

*^^fi^e^" ^008        008 


COPIES. 

Of  pleadings,  briefs,  and   other  documents   where   no 

other  provision  is  made,  at  per  folio   .         .         .         ,004        004 
Wliere,  pursuant  to  Rules  of  Court,  any  pleading,  special 
case  or  petition  of  right,  or  evidence  is  printed,  tlie 
solicitor  of  the  party  printing  shall  be  allowed  for  a 
copy  for  the  printer  (except  when  made  by  the  officer 

^       of  the  Court),  at  per  folio 004         004 

And  for  examining  the  proof  print,  at  per  folio     .         '.     ()     0     2        0     0     •' 
And  for  in-inting  the  amount  actually  and  properly  paid 

to  the  printer,  not  exceeding  per  folio         .         ,         .010         010 
And  in  addition  for  every  20  beyond  the  first  20  copies' 

at  per  folio 

And  where  any  part  shall  pro])erly  be  printed  in  a  foreiL,'ii 
language,  or  us  a  facsimile,  or  in  any  unusual  or  special 
manner,  or  where  any  alteration  in  the  document 
being  printed  becomes  necessary  after  tlie  first  prool", 
sucli  furtlier  allowance  sliall  be  made  as  the  Taxin" 
Officer  shall  tliink  reasonable.  ° 

These  alhnvauces  are  to  include   all  attendances  on 

the  printer. 
The  solicitor  for  a  party  entitled  to  take  printed  copies 
shall  be  allowed,  for  such  number  of  copies  as  he 
sliall  necessarily  or  properly  take,  the  amount  he  shall 
pay  therefor. 
In  addition  to  the  allowances  for  printing  and  takin^ 
printed  copies,  there  shall  be  allowed  for'such  printed 
copies  as  maybe  necessary  or  proper  for  the  followin<^ 
but  lor  no  other  purposes  (videlicet)  :—  °' 

Of  any  pleading  for  delivery  to  the  opposite  partv,  or 
filing  in  default  of  appearance    .         .         .         ."      , 
Of  any  special  case  for  tiling  .        .        .        .        ] 


0     0     1         0     0     1 


584  APPENDIX   I, 


Lower  Scale.    Higher  Scale. 
£     s.     d.         &     £.     d. 


0     1     0 

0     5     0 

0    0    4 

0     0     4 

Of  any  petition  of  right  for  presentation,  if  presented  in 

print,  and  for  the  Solicitor  of  the  Treasury,  and  service 

on  any  party 

Of  any  pleading,  special  case,  or  petition  of  right,  for 

the  use  of  the  Court  or  Judge 

Of  any  affidavit  to  he  sworn  to  in  print  ... 

And  of  any  pleading,  special  case,  petition  of  right,  or 

evidence' for  the  use  of  counsel  in  Court,  and  in  country 

agency  causes,  -when  proper  to  he  sent  as  a  close  copy 

for  the  use  of  the  country  solicitor,  at  per  folio  .         .002         003 
Such  additional  allowances  for  printed  copies  for  the 

Court  or  Judge,  and  lor  counsel,  are  not  to  he  made 

where  written  copies  have  heen  made  previously  to 

printing,  and  are  not  in  any  case  to  he  made  more 

than  once  in  the  progress  of  the  cause. 
Close  copies,  whether  printed  or  written,  are  not  to  he 

allowed  as  of  course,  hut  the  allowance  is  to  depend 

on  the  propriety  of  making  or  sending  the  copies, 

which  in  each  case  is  to  he  shown  and  considered  hy 

the  Taxing  Officer. 
Inserting  amendments  in  a  printed  copy  of  any  plead- 
ing, special  case,  or  petition  of  right,  when  not  re- 
printed        

Or  per  folio 


PERUSALS. 

Of  statement  of  complaint,  statement  of  defence,  reply, 
joinder  of  issue,  demurrer,  and  other  jjleading  (not 

being  a  petition  or  summons),  hy  the  solicitor  of  the 

party  to  whom  the  same  are  delivered         .         .         .     0     G     8        0  13     4 

Ofperfolio 000         00^ 

Of  amendment  of  any  such  pleading  in  writing     .         .     0     G     8         0     G 

Or  per  folio 

If  same  reprinted 

Or  per  folio  of  amendment    .         .         .         . 

Of  interrogatories  to  he  answered  by  a  party  by  his 

solicitor^ .     0     G     8         0  13     4 

Or  per  folio   ......••• 

Of  special  case  by  the  solicitor  of  any  party,  except  the 

one  by  whom  it  is  prepared 

Or  per  folio 

Of  copy  order  to  add  parties,  notice  of  defendant's  claim 

against  any  person  not  a  party  to  the  action  under 

Order  IG,  Rule  18,  and  of  defendant's  statement  of 

defence  and  counter-claim,  served  on  a  person  not  a 

party  under  Order  22,  Rule  G,  by  the  solicitor  of  the 

party  served  therewith,  and  in  these  several  cases  the 

perusal  of  the   plaintill's  statement  of  complaint   is 

also  to  be   allowed,   unless    tlie    solicitor  has   been 

previously  allowed  such  perusal          .... 
Or  per  folio 


0  0  0  0     0  4 

0  G  8  0     G  8 

0  0  0  0     0  4 

0  6  8  0  13  4 

0  0  0  0    0  4 

0  G  8  0  13  4 

0  0  0  0     0  4 

0  G  8  0  13  4 

0  0  0  0     0  4 


0     G     8         0  13     4 
0     0    0        0     0     4 


SCALE   OF   FEES   UITOER   ADDITIOXAL   RULES    OF   COURT.        080 


Lower  Scale,    Higher  Scale. 


Of  notice  to  produce  and  notice  to  admit  by  the  soli- 
citor of  the  party  served 

Of  atlidavit  in  answer  to  interrofjatories  hy  the  solicitor 
of  the  ]iarty  iiiterr()[,'atin<,',  and  of  other  special  affi- 
davits by  tlie  solicitor  of  the  party  against  whom  the 
same  can  be  read,  per  folio 


d. 


0     G     8 


0  K 


(I. 


0     0     4         0     0     4 


ATTENDANCES. 

To  obtain  consent  of  next  friend  to  sue  in  his  name 

To  deliver  or  tile  any  pleading  (not  being  a  petition  or 
summons)  and  a  special  case        ..... 

To  inspect,  or  produce  for  inspection,  documents  pur- 
suant to  a  notice  to  admit 

Or  per  hour 

To  examine  and  sign  admissions 

To  inspect,  or  produce  for  inspection,  documents  referred 
to  in  any  jileading  or  affidavit,  pursuant  to  notice 
under  Order  31,  Rule  14 

Or  per  hour 

To  obtain  or  give  any  necessary  or  proper  consent 

To  obtain  an  appointment  to  examine  witnesses    . 

On  examination  of  witnesses  before  any  examiner, 
commissioner,  officer,  or  other  person 

Or  according  to  circumstances,  not  to  exceed 

Or  if  without  coimsel,  not  to  exceed      .         .         .         . 

On  deponents  being  sworn,  or  by  a  solicitor,  or  his  clerk 
to  be  sworn,  to  an  affidavit  in  answer  to  interroga- 
tories or  other  special  affidavit 

On  a  summons  at  Judges'  Chambers      .         .         .         . 

Or  according  to  circumstances,  not  to  exceed  . 

In  the  Chancery  Division  all  allowances  for  attending 
at  the  Judges'  Chambers  are  to  be  by  the  Judge  or 
Chief  Clerk  as  heretofore. 

To  file  Chief  Clerk's  and  Taxing  Master's  certificates, 
and  get  copy  marked  as  an  office  copy 

On  counsel  with  brief  aiul  other  papers  : — 

If  counsel's  fee  one  guinea  .... 

If  more  and  under  five  guineas  .... 
If  five  guineas  and  under  20  guineas . 

If  20  guineas 

If  40  guineas,  or  more 

On  consultation  or  conference  with  counsel    . 

To- enter  or  set  down  action,  demurrer,  special  case,  or 
appeal,  for  hearing  or  trial 

In  Cuiut  on  motion  of  course,  and  on  counsel,  and  for 
order  ......... 

To  present  petition  for  order  of  course  and  for  order 

In  Court  on  every  special  motion,  each  day  . 

On  same  when  heard  each  day       .... 

Or  according  to  circumstances 


0 

6 

8 

0 

13 

4 

0 

3 

4 

0 

G 

8 

0 

G 

8 

0 

13 

4 

0 

G 

8 

0 

G 

8 

0 

G 

8 

0 

13 

4 

0 

G 

8 

0 

6 

8 

0 

G 

8 

0 

G 

8 

0 

() 

8 

0 

6 

8 

0 

G 

S 

0 

G 

8 

0 

13 

4 

0 

13 

4 

2 

2 

0 

2 

2 

0 

0 

0 

0 

3 

3 

0 

0 

G 

8 

0 

G 

8 

0 

G 

S 

0 

G 

8 

1 

1 

u 

1 

1 

0 

0    G     8        0    G     8 


0 

3 

4 

0 

G 

8 

0 

(J 

8 

0 

G 

8 

0 

G 

8 

0 

13 

4 

0 

13 

4 

1 

1 

0 

0 

0 

0 

2 

2 

0 

0 

13 

4 

0 

13 

4 

0 

G 

8 

0 

G 

8 

0 

10 

0 

0 

13 

4 

0 

G 

8 

0 

13 

4 

0 

G 

8 

0 

13 

4 

0 

13 

4 

0 

13 

4 

1 

1 

0 

2 

2 

0 

586  APPENDIX   I. 


Lower  Scale.    Higher  Scale. 
s.     d.         £     s.     d. 


110         110 
110         1  11     6 


On  demurrer,  special  case,  or  special  petition,  or  appli- 
cation adjourned  from  the  Judge's  Chambers,  when 

in  the  special  paper  for  the  day,  or  likely  to  be  heard     0     6     8         0  10    0 

On  same  when  heard 0134         110 

Or  according  to  circumstances  not  to  exceed  .     _  .         .110         2     2     0 
On  hearing  or  trial  of  any  cause,  or  matter,  or  issue  of 

fact,  in  London  or  Middlesex,  or  the  town  where  the 

solicitor  resides  or  carries  on  business,  whether  before 

a  Judge  with  or  without  a  jury,  or  commissioner,  or 

referee,  or  on  assessment  of  damages,  when  in  the 

paper 0  10     0         0  10     0 

When  heard  or  tried 0134         110 

Or  according  to  circumstances 2     2     0         2     2     0 

When  not  in  London  or  Middlesex,  nor  in  the  town 

where  the  solicitor  resides  or  carries  on  business,  for 

each  day  (except  Sundays)  he  is  necessarily  absent     .220         330 
And  expenses  (besides  actual  reasonable  travelling  ex- 
penses) each  day,  including  Sundays  ,         .         .         . 
Or  if  the  solicitor  has  to  attend  on  more  than  one  trial 

or  assessment  at  the  same  time  and  place,  in  each  case 
The  expenses  in  such  case  to  be  rateably  divided. 
To  hear  judgment  when  same  adjourned        .        .        .008        0  13    4 

Or  according  to  circumstances 0134         110 

To  deliver  papers  (when  required)  for  the  use  of  a  Judge 

prior  to  a  hearing 068         068 

If  more  than  one  Judge 0134        0134 

On  taxation  of  a  bill  of  costs 0     6     8         0     6     8 

Or  according  to  circumstances  not  to  exceed  .         .         .220         220 
In  causes   for  purposes  within  the  cognizance  of  the 

Court  of  Chancery  before  the  Act  passed,  such  further 

fee  as  the  Taxing  Officer  may  think  fit,  not  exceeding 

the  allowances  heretofore  made. 
To  obtain  or  give  an  undertaking  to  appear    .         .         .068        068 
To  present  a  special  petition,  and  for  same  answered      .068        068 
On  printer  to  insert  advertisement  in  Gazette  .         .068        068 

On  printer  to  insert  same  in  other  papers,  each  printer  .000        068 

Or  every  two .068         000 

On  registrar  to  certify  that  a  cause  set  down  is  settled, 

or  for  any  reason  not  to  come  into  the  paper  for  hearing     0     6     8        0     6     8 
For  an  order  drawn  up  by  chief  clerk,  and  to  get  same 

entered ,         •         .068         068 

On  counsel  to  procure  certificate  that  cause  proper  to  be 

heard  as  a  short  cause,  and  on  registrar  to  mark  same 
To  mark  conveyancing  counsel  or  Taxing  Master  . 
For  preparing  and  drawing  up  an  order  made  at  cham- 
bers  in   proceedings  to   wind   up   a   company,  and 

attending  for  same,  and  to  get  same  entered 
And  f(jr  engrossing  every  such  order,  per  folio 

]sfoTE. — An  order  of  course  means  an  order  made 
on  an  ex  'parte  application,  and  to  which  a  party 
is  entitled  as  of  right  on  his  own  statement  and 
at  his  own  risk. 


0     0 

8 

0     6     8 

0     6 

8 

0     0     8 

0  13 

4 

0  13     4 

0     0 

4 

0     0    4 

PROCEEDINGS   IN   THE   PAYMASTER-GENERAL's   OFFICE.        587 


OATHS   AND   EXHIBITS. 


Lower  Scale.    Higher  Scale. 

C      ■-■•      ti.  ii,     i.      d. 


Commissioners  to  take  oaths  or  affidavits— For  every 

oath,   declaration,   alhrmation,    or    attestation    upon 

honour,  in  London  or  tlie  country  .  .  ,  .010  GIG 
The  solicitor  for  j^reparing   each   exhiljit,  in  town  or 

country       .  .  .         .         .         .010        o     1     0 

1  he  commissioner  for  marking  each  exhibit  .         .         .010        010 


PAYMASTER-GEKERAL. 

For  attending  the  Paymaster-General,  to  bespeak  and 
afterwards  to  procm-e  his  directions  for  pavment  in 
of  money  into  Court,  attending  at  the  Bank  of  Eng- 
land paying  money  in,  and  at  the  report  office  fur 
office  copy  receipt 

Where  the  sum  paid  in  shall  amount  to  ^100 

And  where  the  sum  shall  amount  to  ^£1,000  . 

And  where  the  sum  shall  amount  to  i'5,000  . 

Paid  for  office  copy  receipt,  per  folio       .... 

Drawing  rerj^uest  to  invest  cash 

Attending  the  Paymaster-General  with  same 

Attending  the  Registrar,  and  bespeaking  his  direction 
for  the  sale  or  transfer  of  stock 

Attending  the  Paymaster-General  with  same 

Attending  and  identifying  the  party  on  Im  receiving 

clieque 0680G 

COST   OF   PROCEEDINGS   IX   THE    PAYMASTER-GENERAL's   OFFICE. 

Attending  bespeaking  certificate  of  fund  in  Court  .068  0 

Attending  bespeaking  manuscript  of  accounts        .         .068  0 

Paid  for  olhce  copy,  certificate  of  payment  in,  at  per  folio     0     0     6  0 

Drawing  request  to  Paymaster- General  to  lay  out  cash  .     0    2     6  0 


TERM   FEES. 

For  every  term  commencing  on  the  day  the  sittings  in 

London  and  Middlesex  of  the  High  Court  of  Jii'stice 

commence,  and  terminating  on   the   day  preceding 

the  next  such  sittings,  in  which  a  proceeding  in  the 

cause  or  matter  by  or  affectmg  tlie  party,  other  than 

the  issuing  and  serving  the  writ  of  summons,  shall 

take  place 0  15     0        0  15     0 

And  lurtlier  in  country  agency  causes  or  matters,  for 

letters  

Where  no  proceeding  in  the  cause  or  matter  is  takc-ii 

which  carries  a  term  fee,  a  charge  for  letters  may  be 

allovyed,  if  the  circumstances  require  it. 
In  addition  to  the  above,  an  allowance  is  to  be  made 

for  the  necessary  expense  of  postages,  carriage,  and 

transmission  of  documents. 


0     6     0         0     6     0 


0 

13 

4 

0 

13 

4 

1 

1 

0 

1 

1 

0 

0 

0 

0 

2 

2 

0 

0 

0 

0 

3 

3 

0 

0 

0 

6 

0 

0 

6 

0 

2 

6 

0 

2 

6 

0 

6 

8 

0 

6 

8 

0 

6 

8 

0 

6 

8 

0 

6 

8 

0 

6 

8 

6 

8 

6 

8 

0 

6 

2 

6 

588 


APPENDIX   I. 


Attending  the  Paymaster-General  with  request  to  lay 

out  cash 

Drawing  request  to  carry  over  casli  or  stock  to  separate 

the  account  of  A.  B.  in  his  books,  each 
Attending  the  Paymaster-General  with  request  to  carry 

over  cash  or  stock  to  account  in  liis  books  . 
Drawing  request  to  place  casli  on  deposit 
Attending  Paymaster-General  witli  same 
Drawing  request   to   Paymaster-General   to   withdraw 

cash  on  deposit  ....... 

Attending  him  with  same 

Attending  the  Registrar  for  directions  t(j  the  Paymaster 

General  to  sell  or  ti'ansfer  stock,  each 
Attending  Paymaster-General  with  same 


Lower  Scale. 
£,     s.     d. 

0     6     8 


0     2     C 


Higher 


Scale. 

s.  ((. 

0  8 

2  6 

6  8 

2  G 

G  8 

2  6 

6  8 

6  8 

(J  8 


ALLOWANCES  TO   WITNESSES. 

Accountants,  auctioneers,  clerks  to  solicitors  . 

Artisans,  journeymen,  and  labourers 

Bankers,  clergymen,  esquires,  merchants,  notaries 

gentlemen 

Engineers  and  surveyors         .... 
Farmers,  tradesmen  (masters  and  yeomen)      . 
Females,  according  to  station  of  life 
Governors  of  gaols  to  bring  up  prisoners 
Police  inspectors     ...... 

Police  constables 

Solicitors         ....... 

Travelling  expenses  not  exceeding  per  mile,  one  way 


Per  Day. 

0 

10 

6  to  1 

1 

0 

0 

5 

0   „    0 

7 

6 

1 

1 

0 

1 

1 

0   „   3 

3 

0 

0 

7 

6   „   0 

15 

0 

0 

5 

0   „    1 

0 

0 

0 

10 

0   „    1 

1 

0 

0 

5 

0   „    0 

10 

0 

0 

3 

0   „    0 

7 

6 

1 

1 

0   „   3 

3 

0 

0 

1 

0 

SPECIAL  examiners'   FEES  ANB   CHARGES. 

(8th  May,  1845  ;  Ord.  110.    Stat.  15  &  IG  Yict.  c.  80,  s.  31.) 


Lower  Scale.    Higher  Scale. 


£ 


d. 


For  every  day  in  which  he  is  necessarily,  and  without 
any  default  of  his  own,  detained  in  the  performance 
of  his  duty,  as  special  examiner,  for  his  expenses  the 

sum  of 

For  every  day  in  which  he  is  bond  fide  employed  in  the 

examination  of  witnesses,  the  furtlier  sum'of  , 
For  every  mile  he  travels  from  his  place  of  residence  to 
the  place  of  examination,  and  from  place  to  place 
where  the  examination  is  adjourned,  and  from  the 
place  where  he  last  acts  in  the  examination  of  wit- 
nesses, to  his  place  of  residence,  the  sum  of 

The  sum  of  £2  2s.  a  day  allowed  for  expenses  is  a  fixed  sum,  payable  in 
every  case,  without  reference  to  the  amount  of  expenses  actually  incurred 
by  the  examiner,  and  does  not  include  the  expense  of  hiring  a  room  for 
the  purpose  of  the  examination  (JFriyht  v.  Larmuth,  10  Eq?  139). 


2  2     0 

3  3     0 


0     1     G 


OHDER   AS   TO   COURT   FEES.  589 


SCHEDULE    KEFERRED    TO    IN    THE    ISth    RULE    OF    THE 
GENERAL   ORDER  OF  FEBRUARY  5,  1861. 

Showing  the  expenses  to  be  allowed  to  an  examiner  of  the  Coui-t  Avhen 
acting  under  any  such  order  as  mentioned  in  the  12th  Rule  of  that 
Order  (the  rule  requiring  the  examiner  to  attend  the  examination  or 
cross-examination  of  witnesses  who  are  old,  infirm,  or  out  of  tlie  juris- 
diction). 

£    s.    d 
For  every  day  in  which  he  is  necessarily,  and  without  any  default 
of  his  owm,  detained  in  the  performance  of  such  duty,  for  liis 
expenses  the  sum  of       .         .         .         .         .         .         .         .        .110 

For  every  mile  he  travels  from  the  examiner's  office  to  the  j^lace  of 
examination  and  from  one  of  tlie  places  of  exomination  or  cross- 
examination  (if  more  than  one)  to  anollier  of  them,  and  from  the 
place  where  he  last  acts  in  sucli  examination  or  cross-examination 
to  the  examiner's  office,  the  sum  of 0     1     G 


ORDER  AS    TO    COURT  FEES    UNDER   THE    SUPREME    COURT 

OF    JUDICATURE    ACT,   1875. 

October  28,  1875. 

I. 

The  fees  and  percentages  contained  in  the  schedule  hereto  are  fixed  and 
appointed  to  he,  and  shall  he  taken  in  the  High  Court  of  Justice,  and  in  tlie 
Court  of  Appeal,  and  in  any  Court  to  be  created  by  any  commission,  and  in 
any  office  which  is  connected  with  any  of  those  Courts,  or  in  which  any 
business  connected  with  any  of  those  Courts  is  conducted,  and  by  any  officer 
paid  wholly  or  ])artly  out  of  public  moneys  wdio  is  attached  to  any  of  those 
Courts  or  the  Supreme  Court,  or  any  Judge  of  those  Courts,  or  any  of  them  ; 
and  the  said  fees  and  percentages  shall  be  taken  by  stamps,  except  those  taken 
in  the  District  Registries,  which  shall,  until  further  order,  be  taken  in  money, 
and  applied  and  accounted  for  in  such  manner  as  the  Treasury  may  from  time 
to  time  direct. 

11. 

The  fees  and  percentages  set  forth  in  the  column  headed  Lower  Scale  in  the 
schedule  hereto  are  to  be  taken  and  paid  in  all  cases  in  which  the  lower  scale 
of  fees  is  to  be  charged  and  allowed  to  solicitors  under  the  lU'ovisions  of  the 
Additional  Rules  of  Court  under  the  Supreme  Court  of  Judicature  Act,  1875, 
issued  by  Order  in  Council,  dated  the  12th  day  of  August,  1S75,  and  the  fees 
and  percentages  set  forth  in  the  column  headed  Higher  Scale  in  the  schedule 
hereto  are  to' be  taken  and  paid  in  all  other  cases. 

in. 

In  causes  and  matters  by  the  34th  section  of  the  Supreme  Court  of  Judica- 
ture Act,  1873,  assigmed  to  the  Chancery  Division  : 

The  solicitor  or  party  acting  in  person  shall,  on  any  proceeding  in  which  he 


590  APPENDIX   I. 

claims  to  pay  fees  according  to  the  Lower  Scale,  file  with  the  proper  officer  a 
certificate  in  the  form  hereunder  set  forth,  of  whicli  certificate  the  officer  is  at 
the  request  of  any  solicitor  or  any  party  acting  in  person  in  the  cause  or  matter 
to  mark  a  copy  without  a  fee.  r    ■,     n      i.         a. 

On  production  of  sucli  copy  of  the  certificate  all  officers  of  the  Court  are_  to 
receive  and  file  all  proceedings  in  the  cause  or  matter  bearing  stamps  according 
to  the  Lower  Scale.  .        ,  .  ,     •      in 

In  any  case  certified  for  the  Lower  Scale  of  Court  fees,  m  whicli  it  shall 
happen  that  the  solicitor  shall  become  entitled  to  charge  and  be  allowed  ac- 
cording to  the  High  Scale  of  solicitor's  fees,  the  deficiency  in  the  fees  of  Court 
is  to  be  made  good.  _     _.  ,       „    ,  ,   . 

Tn  any  case  in  which  the  fees  have  been  paid  upon  the  Higher  Scale,  and  in 
which  it  shall  happen  that  the  solicitor  shall  become  entitled  to  charge  and  be 
allowed  only  according  to  the  Lower  Scale  of  solicitors'  fees,  the  excess  of  fees 
so  paid  may  be  allowed  upon  the  taxation  of  costs,  if  the  circumstances  of  the 
case  shall,  in  the  judgment  of  the  taxing  officer,  justify  such  allowance. 


IV. 

The  provisions  in  this  Order  shall  not  apply  to  or  affect  any  of  the  matter 
following  (that  is  to  say) :—  .  i  •  , 

The  existing  fees  and  percentages  in  respect  of  any  of  the  jurisdictions  which 
are  not,  by  the  Supreme  Court  of  Judicature  Act,  1873  and  1875,  trans- 
ferred to  the  High  Court  of  Justice  or  the  Court  of  Appeal  ; 
The  existing  fees  and  percentages  in  respect  of  any  matter  at  the  time  of  the 
passing  of  the  Supreme  Court  of  Judicature  Act,  1875,  within  the  juris- 
diction of  tlie  Court  of  Probate,  the  Court  for  Divorce  and  Matrimonial 
Causes,  or  the  Admiralty  Court,  or  relating  to  any  appeal  from  the  Chief 
Judge  in  Bankruptcy,  except  so  far  as  the  procedure  in  any  such  matter, 
or  tlie  fees  or  percentages  to  be  taken  in  respect  tliereof,  is  or  are  expressly 
varied  by  the  schediile  to  the  said  Act,  or  by  this  Order,  or  by  any  Rules 
of  Court  made  or  to  be  made  by  Order  in  Council  before  the  commence- 
ment of  the  said  Act  ; 
The  existing  fees  and  percentages  in  respect  of  any  criminal  proceedings, 
other  than  such  proceedings  on  the  Crown  side  of  tlie  Queen's  Bench 
Division  as  the  scale  contained  in  the  schedule  hereto   may   be   appli- 
cable to  ; 
The  existing  fees  and  percentages  in  respect  of  matters  on  the  Revenue  side 
of  the  Exchequer  Division  and  proceedings  and  business  in  the  Office  of 
the  Queen's   Remembrancer  other  tlian  such  matters,   proceedings,  and 
business  as  the   scale   contained  in  the  schedule  hereto  may  be  appli- 
cable to  ; 
The  existing  fees  and  percentages  authorised  to  be  taken  by  any  sheriffs,  under 

sheriffs,  deputy  sheriffs,  bailifl's,  or  other  officers  or  ministers  of  sheriffs  ; 
The  existing  fees  and  percentages  directed  to  be  taken  or  paid  by  any  Act  of 
Parliament,  and  in  respect  oi  Avhicli  no  fee  or  percentage  is  hereby  pro- 
vided ; 
The  existing  fees  and  percentages  which  shall  have  liecome  due  ^)r  payable 

before  the  commencement  of  the  Judicature  Acts,  1873  and  1875  ; 
The  existing  fees  and  percentages  in  respect  of  any  proceedings  in  any  cause 
or  matter  pending  at  the  commencement  of  the  said  Acts,  and  in  respect 
of  which  no  fee  or  percentage  is  hereby  provided. 


ORDER  AS  TO  COURT  FEES.  591 

y. 

■      The  existing  rules  and  practice,  applicable  to  ].roceeclings  by  persons  suin^- 
JhifSnXtes;  "'''''''  """"^  ^'  applicable  to  p?oceediLgs  to  which 

VI. 
Save  as  othenvise  provided  by  this  Order  all  existing  fees  and  percentages 
which  may  be  taken  in  any  of  tlie  Courts  whose  juiisdictioti  U,  by  the  Judica- 
ture Acts,  1873  and  1875,  transferred  to  tlie  High  Court  of  Justice  ofdiuil  of 
Appeal,  ormany  oihce  Avhich  is  connected  Avith  any  of  those  Courts,  or  in 
which  any  business  connected  with  any  of  those  Courts  is  conducted,  or  byanv 
fwT    /''^'^^i^'  "J  I'^'^^y  ?^'  ^^  P^^^^^^*^  "^°"«y'^  ^^-^'^  i«  attaclied  to  any  of 

thP^  ^Snfii  "'     f  ^"r"V'  ^Th  ^^''''y  J^^^S^  ^^  those  Courts,  or  anj-  of 
them,  shall  be  and  are  hereby  abolished.  '' 

VII. 

A  folio  is  to  comprise  72  words,  every  figure  comprised  in  a  column  bein^ 
counted  as  one  word.  ° 

VIII. 

The  provisions  of  Order  LXIII.  in  the  first  Schedule  to  the  Suin-eme  Court 
of  Judicature  Act,  1875,  shall  apply  to  this  Order. 

IX. 

This  Order  shall  come  into  operation  at  the  time  of  the  commencement  of 
tHe  Supreme  Court  of  Judicature  Acts,  1873  and  1875. 


Form  of  Certificate  for  ixtying  Lower  Scale  of  Court  Fees  above  referred  to. 

(Title  of  cause  or  matter.) 

I  hereby  certify  that  to  the  best  of  my  judgment  and  beKef  the  Lower  Scale 
ot  ±  ees  of  Court  is  applicable  to  this  case. 

Dated,  &c. 

A.  B. 

Solicitor  for  Plaintiff  or  Defendant. 


592 


APPENDIX   I. 


SCHEDULE    AS    TO    COURT    FEES    EEFERRED    TO    IN    THE 
ORDER    OF    28th    OCTOBER,    1875. 

SUMMONSES,  WRITS,   COMMISSIONS,  AND   WARRANTS, 


On  sealing  a  writ  of  summons  for  commencement  of  an 

action  ......... 

On  sealing  a  concurrent,  renewed  or  amended  Avrit  of 

summons  for  commencement  of  an  action  . 
On  sealing  a  notice  for  service  under  Order  16,  Rule  18 
On  sealing  a  writ  of  mandamus  or  injunction 

By  the  Rules  of  6tli  April,  ISSO,  writs  of  injunc- 
tion are  abolished. 
On  sealing  a  writ  of  subpccna  not  exceeding  three  persons 
On  sealing  every  other  writ   ...... 

On  sealing  a  summons  to  originate  proceedings  in  the 

Chancery  Division      ....... 

On  sealing  a  duplicate  thereof       ..... 

On  sealing  a  copy  of  same  for  service    .... 

On  sealing  or  issuing  any  other  summons  or  warrant 
On  sealing  or  issuing  a  commission  to  take  oaths  or 

affidavits  in  the  Supreme  Court  .... 

Every  other  commission         ...... 

On  marking  a  copy  of  a  petition  of  right  for  service 


£, 

cr  Scale. 
5.      rf. 

Higher  Scale. 
£.     s.      d. 

0 

5 

0 

0 

10 

0 

0 
0 
0 

2 

2 

10 

G 
6 
0 

0 

0 

1 

2 
2 

0 

G 
G 
0 

0 
0 

2 
6 

6 
0 

0 
0 

5 
10 

0 
0 

0 
0 
0 
0 

5 
1 
1 

2 

0 
0 
0 
0 

0 
0 
0 
0 

10 
5 
5 
3 

0 
0 
0 
0 

5 

1 

0 

0 
0 
1 

0 
0 
0 

5 
1 
0 

0 
0 
5 

0 
0 
0 

APPEARANCES. 

On  entering  an  appearance  for  each  person    . 


.020         020 


0     0     4 


0     0     2 


COPIES. 

For  a  copy  of  a  written  deposition  of  a  witness  to 
enable  a  party  to  print  the  same,  for  each  folio  . 

For  examining  a  written  or  printed  copy,  and  marking 
same  as  an  office  copy,  for  each  folio  .... 

For  making  a  copy  and  marking  same  as  an  office  copy, 
for  each  folio       ........ 

For  a  copy  in  a  foreign  language,  the  actual  cost. 

For  a  copy  of  a  plan,  map,  section,  draAving,  photo- 
graph, or  diagram,  the  actual  cost. 

For  a  printed  copy  of  an  order,  not  being  an  office  or 

certified  order,  for  each  folio       .         .     "^  .         .         .001 


0     0     4 


0     0     2 


0     0     6         0    0     6 


0     0     1 


ATTENDANCES. 

On  an  application,  with  or  withorxt  a  subpoena,  for  any 
officer  to  attend  as  a  witness,  or  to  produce  any  record 
or  document  to  be  given  in  evidence  (in  addition  to 
the  reasonable  expenses  of  the  officer)  for  each  day  or 
part  of  a  day  he  shall  necessarily  be  absent  from  his 
office 


10    0        10    0 


SCHEDULE  TO  ORDER  AS  TO  COURT  FEES. 


503 


Tie  officer  may  require  a  deposit  of  stamj.s  on  account 
of  any  further  lees,  and  a  depo.it  of  money  on 
account  ol  any  further  expenses  M-Jiicli  may  i.robably 
become  payable  beyond  tlie  amount  paid  for  fees  and 
expenses  on  the  application,  and  tiie  officer  or  his 
clerk  takm-  such  deposit  shall  thereupon  make  a 
meinorandum  tliereof  on  the  application. 

Ihe  oihcer  may  also  rerpiire  an  undertaking  in  writinr. 
to  pay  any  lurtlier  fees  and  expenses  Vhicii  may 
become  payable  beyond  tlie  amounts  so  paid  and 
deposited.  '■ 

OATHS,  &c. 
For  takiu-  an  affidavit,  or  an  affirmation,  or  attestation 
upon  honour  m  lieu  of  an  affidavit  or  a  declaration 
except  for  the  purpose  of  receipt  of  dividends  from 
the  Paymaster-General,  for  each  person  makin-  the 
same  .....  o  "^  "- 

And  in  addition  thereto  for  each  exhibit  tlierein  reierre.i 

to  and  required  to  be  marked,  whether  annexed  or  not     0     1     0 

FILING. 

On  filing  a  special  case  or  petition  of  ri-dit 
On  filing  an  affidavit  Avith  exhibits  (if  any)  annexed" 
submission  to  arbitration,  award,  bill  of  sale,  warrant 
ot  attorney,  cognovit,  bail,  satisfaction  piece,  and  writ 
01  execution  Avitli  rptnm  ' 


Lower  Scale.    IJi-her  Scale. 
^     *•      ''•  JC     s.      d. 


0     10         0     16 
0     1     0 


0  10     0         10     0 
0     2     0         0     2     0 


of  execution  with  return    .... 
On   filing  a  scheme  pursuant  to  the  statute   30  *&  31 

Vict.,  c.  127,  or  the  Liquidation  Act,  18G8  .         .10     0         ion 

On  hlmg  a  caveat  .  A     r     .;  ^     ^ 

050050 


CERTIFICATES. 

For  a  certificate  of  appearance,  or  of  a  pleading,  affidavit 
or  proceeding  having  been  entered,  filed  or  taken 
or  of  tlie  negative  thereof  .  ' 


0     10        0    4     0 


0     10        0     10 


SEARCHES  AND   INSPECTIONS. 

On  an  application  to  search  for  an  appearance  or  an 
aflidavit,  and  inspecting  the  same 

On  an  application  to  search  an  index^  and'  inspect  a 
pleading,  decree,  order,  or  other  record,  uidess  other- 
wise expressly  provided  for  by  any  Act  of  Parliament 
or  this  Order,  and  to  inspect  documents  deposited  for 
sate  custody  or  production  pursuant  to  an  order  for 

each  hour  or  part  of  an  hour  occupied         .  '  0     9     n        n     9     r 

Not  exceeding  one  day  .  •         •     t»     ^     b        0     2     6 


EXAMINATION   OF  WITNESSES. 

For  every  witness  sworn  and  examined  bv  an  examiner 
.  or  other  officer  m  his  office,  including  oath,  for  each 


0  10     0        0  10     0 


0  10    0        0  10    0 


594  APPENDIX   I. 


Lower  Scale.    Higher  Scale 
£     s.     d.         £.     a.     d 


For  ail  examination  of  witnesses  by  any  such  officer 
aAvay  from  the  olllce  (in  addition  to  reasonable  travel- 
ling and  otlier  expenses)  per  day        .         .         .         .300        300 

Tlie  officer  may  rer|ULie  a  deposit  of  stamps  on  account 
of  fees,  and  a  deposit  of  money  on  account  of  expenses, 
"which  may  ])rol)ably  become  ]iayable  beyond  any 
amount  paid  for  fees  and  expenses  upon  the  examina- 
tion, and  tiie  officer  or  his  clerk  taking  such  deposit 
shall  thereupon  make  a  memorandum  thereof,  and 
deliver  the  same  to  the  party  making  tlie  deposit. 

The  officer  may  also  recjuire  an  undertaking  in  writing 
to  pay  any  further  fees  and  expenses  which  may 
become  payable  beyond  tlie  amount  so  paid  and 
deposited. 

These  fees  are  not  to  apply  to  the  examination  of  wit- 
nesses for  the  purpose  of  any  inquiry,  taxation  of 
costs,  or  other  proceeding  before  the  officer. 

HEARING. 

For  entering  or  setting  down,  or  re-entering  or  resetting 
down  an  ajipeal  to  the  Court  of  Appeal,  or  a  cause 
for  trial  or  hearing  in  any  Coiu't  in  Loudon  and  Mid- 
dlesex, or  at  any  assizes,  including  a  demurrer,  .sjit'cial 
ca.se,  and  petition  of  right,  but  not  any  other  petition, 
nor  a  sunmions  adjcnirned  from  Cliandxa's         .         .     1     0     ()         2     0     0 

For  a  certificate  of  an  associate  of  the  result  of  trial       .10     0         10     0 


JUDGMENTS,   DECREES,   AND   ORDERS. 

For  drawing  up  and  entering  a  judgment,  or  a  decree, 

or  decretal  order,  whetlier  on  tlie  original  hearing  of 

a  cause  or  on  further  consideration,  including  a  cause 

commenced  liy  summons  at  Chambers,  and  an  order 

on  tlie  hearing  of  a  special  case  or  petition,  and  any 

order  by  the  Court  of  Appeal 0  10     0         10     0 

Yov  drawing  up  and  entering  any  otlier  order,  Avhether 

made  in  Court  or  at  Cliamber.s 0     3     0         0     5     0 

For  a  coi)y  of  a  ])lan,  nia}i,  section,  drawing,  pliotogra])li, 

or  diagram,  rc(j[uii-ed  to   accompany  any  order,  the 

actual  co.st. 

TAKING  ACCOUNTS. 

On  taking  an  acfount  of  a  receiver,  guardian,  consignee, 
bailee,  manager,  provisional,  ollieia],  or  voluntary, 
liijuidutor,  or  Bei[uestrator,  or  of  an  executor,  adminis- 
trator, tni.stec,  agent,  .solicitor,  moitg;igee,  co-tenant, 
co-jtartner,  execution  creditor,  or  oilier  ](ers(in  liable 
to  account,  when  llie  amount  found  to  Jiave  been  re- 
ceived without  deducting  any  jiaynient  sliall  not 
exceed  £200 020        02o 


SCUEDULK   TO   OKI»KH   AS   TO   COUIlT   FEES.  595 

Lower  Bcnlr.    IIiKlicr  8cal<>. 
£,     $.      d.  £.     I.      tl. 

WluTC  Kucli  anioinit  f-liall  i'.\rcL<l  £'20O,  fur  every  £'>0 

or  fnutioii  of  ir)0 0     0     G         0     0     G 

In  the  rase  ol"  any  sucli  receiver,  guardian,  consignee, 

Itailee,  manager,  li<|uiilalor,  scmu'slrator,  or  execution 

creditor,  the  lees  sliall.  uipon  ])ayiiient,  lie  aUoweil  in 

the  account  unlts.^  tlie  Court  or  Juilge  sliall  otiierwifie 

direct,  and  in  the  case  oi'  taking  tlie  aciounts  of  bucli 

other  accounting  parties  the  feis  shall  be  paid  liy  the 

parly  having  the  conduct  of  the  onler  under  which 

such  account  is  taken,  as  part  of  his  costs  of  the  cause 

or  matter  (unless  the  Court  f)r  Judge  shall  otherwise 

direct),  and  in  such  case  shall  be  taken  ujion  the  cer- 
tificate of  the  result  of  any  such  account ;  hut  the  fees 

shall  he  due  and  ]iayalile,  although  no  ccrtiticate  is 

required,  on  the  account  taken,  or  on  such  part  there- 
of as  may  he  taken,  and  the  solicitor  or  party  suing  in 

person  shall  in  such  case  cause  the  pro])er  sUinips  (the 

amount  thereof  to  he  fixed  hy  the  oUicer)  to  he  ini- 

■|)ressed  on  or  afl'ixed  to  the  account. 
The  oihcer  taking  the  account  may  re([uirc  a  deposit  of 

stamps  on  account  of  fees  heforc  taking  the  account, 

not  exceeding  the  fees  on  the  full  amount  appearing 

by  the  account  to  haVe  been  received,  and  the  olHcer 

or  his  clerk  taking  such  deposit  sludl  make  a  memu- 

randum  thereof  on  the  account. 


TAXATION   OF  COSTS. 

For  taxing  a  bill  of  costs  -where  the  amount  allowed 

does  not  exceeil  .£8     . 0     2     0        0     4     0 

Where  the  amount  exceeds  '£8,  for  everj'  £-2  allowed, 

or  a  fraction  thereof OOG         010 

These  fees,  except  where  otherwise  provided,  shall  be 

taken  on  signing  the  certificate  or  on  the  allowance 

of  the  bill  of  costs,  as  taxed,  but  the  fees  shall  be  due 

and  payable  if  no  certificvite  or  allociilur  is  reiiuired 

on  the  amount  of  the  bill  as  taxed,  or  on  the  amount 

of  such  part  thereof  as  maybe  taxed,  and  the  solici- 
tor or  party  suing  in  ]>erson  shall  in  such  case  cause 

the  iMOper  stam])s  (the  amount  thereof  to  be  fixed  l)V 

the  olHcer)  to  be  impressed  on  or  alHxeil  to  the  bill 

of  costs. 
The  Taxing  OlTiccr  may  rccpiire  a  deposit  of  .stamps  on 

account  of  fees  before  taxation  not  exceeding  the  fees  on 

the  full  amount  of  the  costs  as  submitte<l  for  taxation, 

and  the  officer  or  his  chi-k  on  taking  such  deposit 

shall  make  a  menioranJum  thereof  on  the  bill  of  costs. 
For  ft  certificate  or  allociilur  of  the  result,  not  l>eing  a 

judgment  .         .         .         ,'         .         .         .         .         .000         100 
The  o8th  Rule  of  Onler  5  of  the  Cliancery  Funds 
Consolidated  Rules,  1874,  shall  continue  in  force 
and  be  acted  on  iii  crises  to  which  it  ie  a]>plicable. 

Q  g  i 


596  APPENDIX  I. 


PETITIONS. 

For  answering  a  petition  for  hearing  in  Court,  and 
setting  down • 

For  answering  a  non-attendalile  petition,  not  being  a 
petition  for  an  order  of  course    .         .         .         . 

On  a  matter  of  course  order,  on  a  petitioii  of  right 

On  an  order  for  a  commission  on  a  petition  of  right 

REGISTER   OF  JUDGMENTS  AND   LIS   PENDENS. 

For  registering  a  judgment  or  lis  pendens,  although 


Lower  Scale.    Higher  Scale. 
£     s.     d.         £,     s.     d. 

0     5     0         10     0 


0     5     0 

0  10 

0 

0  10     0 

0  10 

0 

10     0 

1     0 

0 

more  than  one  name'may  have  to  he  registered  .         .026         026 

For  re-registering  same 010        010 

For  a  search  for  each  name 0     10        010 

For  a  certificate  of  entry  of  satisfaction  .  .  .  .010  010 
For  certificate  of  a  judgment  for  registration  in  Ireland 

or  Scotland  under  the  Judgments  Extension  Act, 

1868,  including  aflidavit 020        020 

On  filing  for  registration   a   certificate   issued   out  of 

Courts  of  Dublin  or  Court  of  Session  in  Scotland 

under  the  same  Act,  although  more  than  one  name 

may  have  to  be  registered  under  the  same  Act  .  .070  070 
On  every  certificate  of  the  entry  of  a  satisfaction  under 

the  same  Act ,.        ..010        010 

For  a  search  made  in  one  or  both  of  the  registers  of  Irish 

and  Scotch  judgments  for  each  name 


0     10        0     10 


MISCELLANEOUS. 

On  a  report  of  a  Private  Bill  in  Parliament  .  .  .500  500 
On  an  allowance  of  bye-laws  or  table  of  fees  .         .10     0         10     0 

On  a  fiat  of  a  Judge 050        050 

On  signing  an  advertisement 0     0     0         10     0 

Upon  a  reference  to  a  Master  t)f  the  Queen's  Bench, 

Common  Pleas,  or  Exchequer  Divisions,  or  a  District 

Eegistrar,  for  the   purpose   of  any   investigation  _  or 

inquiry  other  than  the  taking  of  an  account  for  which 

another  fee  is  herein  provided,  for  every  hour  or  part 

of  an  hour  the  Master  or  Eegistrar  is  occupied  .     _    .     0  10     0        0  10     0 
A  deposit  on  account  of  fees  before  proceeding  with 

such   reference,  or  at  any   time   during  the   course 

thereof,  may  be  rerpured,  and  a  memorandum  thereof 

shall  l)e  delivered  to  the  party  making  the  deposit. 
On  taking  acknowledgment   of  a   deed  by  a  married 

woman        . 10    0        10    0 

On  taking  a  recognizance  or  bond  .         .         .         .     0  10     0        0  10     0 

On  taking  bail,  and  taking  same  ofFthe  file  and  delivering    0    2    0        0    2    0 

On  a  commitment 050        050 

On  an  application  to  produce  Judge's  notes  .  .  .050  050 
On  appointment  of  commissioners  inderglebe  exchange  10  0  10  0 
On  examinintr  and  signing  inrolments  of  decrees  and 

orders         ?. 300        300 


SCHEDULE  TO  ORDER  AS  TO  COURT  FEES.        507 

Lower  Scale.    Higher  Scale. 

On  admission  or  readniission  of  a  solicitor 

On  a  written  request  for  information  at  tlie  Chancery 
Pay  Office *^ 

For  preparing  a  power  of  attorney  at  the  Chancery  Pay 
Office J       J 

For  transcript  of  an  account  in  the  books  at'the  Chan- 
cery Pay  Office,  for  each  opening 


& 
5 

s. 
0 

d. 

0 

5 

s. 

0 

0 

0 

2 

G 

0 

2 

0 

0 

3 

0 

0 

3 

0 

0 

2 

0 

0 

2 

0 

598  -  APPENDIX   II. 


APPENDIX   II. 


Forms  of  Writs  of  Execution. 

1.   Writ  of  Fieri  Facias  on  a  Judgment  or  order  for  the  ixnjment  of  money, 
interest  and  costs, 

Victoria,  &;c. 

To  tlie  Sheriff  of ,  greeting. 

We  commaud  you,  that  of  the  goods  and  chattels  of  C.  D.,  in  your  bailiwick, 
you  cause  to  Ije  made  the  sum  of  £—,  and  also  interest  thereon,  at  the  rate  of 

^_  per  centum  per  annum,  from  the day  of  18—*,  which  said  sum  of 

money  and  interest  were  lately  before  us  in  our  High  Court  of  Justice,  in  a 
certain  action  [or  certain  actions,  as  the  case  may  he]  wherein  A.  B.  is  plaintiff 
and  C.  D.  and  others  are  defendants,  [or  in  a  certain  matter  there  depending, 
intituled,  "  In  the  matter  of  E.  F.,"  as  the  case  may  he],  by  a  judgment  [or  order, 

as  the  case  may  he]  of  our  said  Court,  bearing  date  the day  of  ,  18—, 

adjudged  [or  ordered,  as  the  case  may  he]  to  be  paid  by  the  said  C.  D.  to  A.  B., 
together  with  certain  costs  in  the  said  judgment  [or  order,  as  the  case  may  he] 
mentioned,  and  wdnch  costs  have  been  taxed  and  allowed  by  one  of  the  Taxing 
Masters  of  our  said  Court  at  the  sum  of  £— ,  as  appears  by  the  certificate  of 

the  said  Taxing  Master,  dated  the day  oi ,  18—.     And  that  of  the 

goods  and  chattels  of  tlie  said  C.  D.  in  your  bailiwick,  you  further  cause  to  be 
made  the  sum  of  £ —  [costs],  together  with  interest  thereon,  at  the  rate  of  ^4  per 

centum  per  annum,  from  the day  of  ,  18—  [date  of  the  certificate  of 

taxation],  and  that  you  have  that  money  and  interest  before  ns  in  our  said 
Court  immediately  after  the  execution  hereof  to  be  paid  to  the  said  A.  B.  in 
pursuance  of  the  said  judgment  [or  order,  as  the  case  may  be].  And  in  what 
manner  you  shall  have  executed  this  our  writ  make  appear  to  us  in  our  said 
Court,  iiiimediately  after  the  execution  thereof  :  And  have  there  then  this  writ. 
Witness,   Boundell   Baron   Selijorne,  Lord  High  Chancellor  of  Great 

Britain,  the  day  of ,  in  the  year  of  our  Lord  one  thousand  eight 

hundretl  and  eighty- 

2.  Writ  of  Elegit  on  a  judgment  or  order  for  iiaymcnt  of  money,  interest,  and  costs. 

Victoria,  &c. 

To  the  Sheriff  of ,  greeting. 

Whereas  lately  in  our  High  Court  of  Justice  in  a  certain  action  [or  matter 
there   depending, "intituled  "  In  the  matter  of"  &c.,  or   as   the  case  inay  he], 

wherein  is  plaintiff,  and  is  defendant,  by  a  judgment  [or  oi'der]  of 

our  said  Court,  nuuh;  in  the  said  action  [or  matter,  as  flic  case  may  he],  and 

bearing  date  tlie day  of ,  it  was  adjudged  [or  awarded  or  ordered,  as 

the  case  may  hii]  that should  pay  to  the  sum  of  ^— ,  with  interest 

thereon  after  tlie  rate  of -[jounds  per  centum  per  ainium,  from  the 

day  of ,  and  with  certain  costs  as  in  the  said  judgment  [nr  order]  mentioned, 

and  wliich  costs  liavc  been  taxed  and  allowed  by  one  of  the  'i'axing  Masters  of 
our  said  Court,  at  the  sum  of  £—,  as  appears  by  a  certificate  dated  the day 

*  Day  of  tho  iudKinftiit  or  nnlcr,  or  diiy  nii  w))i<'li  monoy  directed  tn  Ix;  jiaiil,  or  day  from  wliicli 
iiitorcst  is  direct(;<l  liy  the  onliT  to  run,  m-  wi  Ike  case  may  he.  Tlie  writ  must  be  so  iiiouldcd  as  tg 
follow  tlie  substance  of  the  judijinent  or  order, 


WRIT   OF   VEXDITIONI   KXPOXAS.  699 

of  .     Alul  ftfterwards  the  said cniiiu  into  our  saiil  T'ourt,  and  chose 

to  l»c  dcdiviTod  to  liiiu  all  the  },'oods  and  diattels  of  tin-  said  in  your 

bailiwick,  except  his  oxen  and  beasts  i>i  the  vlou^ili,  an<l  also  all  such  lundn. 
tencinents,  rectories,  titlu-n,  rents,  and  herodi laments,  including,'  landa  and 
liereditanients  of  copyhold  or  custoniary  tenure  in  your  bailiwick,  as  the  said 

or  any  one  in  trust  for  him  was  seised  or  possessed  of  on  the day 

t'f  ,  ill  the  year  of  our  Lord  one  thousand  eight  hundred  and  [date 

ofjmhjmcnt  or  onhr],  on  iii  anytime  afterwards,  or  over  which  the  said  

on  the  said  day  of  ,  or  at  anytime  aftorwanls,  had  any  di.-posin;; 

power  wliicli  he  mi.t;lit  without  the  assent  of  any  other  jierson  exercise  for  his 
own  benelit  ;  to  hoM  to  him  the  said  f,'oods  andchatt.ds  as  his  i)roper  floods  and 
chattels,  and  to  hold  the  said  lands,  tenements,  rectories,  tithes,  rents,  and  here- 
ditainents  respectively  according  to  the  nature  and  tenure  tliereof,  to  him  and 
to  his  assigns,  until  the  said  two  several  sums  of  £—  and    £—  [the  co>tsJ 

with  interest  on  the  said  sum  of  £ —  at  the  rate  of per  centum  i)er  annum, 

frtmi  the  said day  of  ,  and  on  the  said  sum  of  .£—  [the  costs]  at  tlie 

rate  of  four  pounds  per  centum  per  annum,  from  the day  of  [tlie 

date  of  the  certiticate]  shall  have  been  levied.  Therefore  wo  cominand  you,  that 

without  delay  you  cause  to  be  delivered  to  the  said  by  a  reasonable  i)rice 

and  extent,  all  the  goods  and  chattels  of  the  said in  your  bailiwick,  except 

his  oxen  and  beasts  of  the  plough,  and  also  all  such  lands,  and  tenements,  rec- 
tories, tithes,  rents,  and   hereditaments,  including  lamls  ami  hereditaments  of 

copyhold  or  customary  tenure,  in  your  bailiwick,  as  the  said or  any  person 

or  pei-sons  in  trust  for  him  was  or  were  seised  or  possessed  of  on  the  s^iid 

day  of \ilate  of  judgment  or  order]  or  at  anytime  afterwards,  or  over  which 

the  said on  the  said day  of or  at  any  time  afterwards,  liad  any 

disjiosiug  power  which  he  might  without  the  assent  of  any  other  pei-son,  exer- 
cise for  his  o^vn  benefit ;  to  hold  the  said  goods  and  chattels  to  the  sjxid  

as  his  i)roper  goods  and  chattels,  and  also  to  hold  the  said  lands,  tenements, 
rectories,  tithes,  rents,  ami  hereditaments  respectively,  according  to  the  nature 
and  tenure  thereof,  to  him  and  his  assigns,  until  the  said  two  several  sums  of 
£ —  and  £ — ,  together  with  interest  as  aforesaid,  shall  have  been  levied.  And 
in  what  manner  you  shall  have  executed  this  our  writ  make  api>ear  to  us  in 
our  Court  aforesaid,  immediately  after  the  execution  thereof,  under  your  seals 
and  the  seals  of  those  by  whose  oath  you  shall  nuike  the  said  extent  and 
appraisement;  and  have  there  then  thi-<"wri(. 
Witness,  &c. 

;?.   J  frit  of  Vctufitioni  Exjwunf. 

VicToniA,  &c. 
To  the  Sherid'  of ,  gi'ceting. 

Whereas  by  our  wiit  we  lately  commanded  you  that  of  the  goods  an<l 

chattels  of  (\  1).  [Jwre  recite  the  furi  firiiu  to  the  V,i(/J.     And  on  the day 

of  you   returned  to  us  that  by  virtue  of  the  sai.l   writ  t.»  voii 

directed  you  had  taken  goods  ami  chattels  oV  the  s;iid  ('.  1).  to  the  value  oflhe 
money  and  interest  aforesaid,  which  s;ii.l  goods  and  chattels  remained  in  your 
hands  unsoM  for  want  of  buyers.  Therefore,  we  being  desirous  that  thc".s;iid 
A.  B.  should  1)0  Siitislied  liis  money  and  interest  aforesaid,  comman<l  you  that 
you  expose  to  sale  aiul  .sell,  or  c^iuse  to  be  .sold,  the  goods  and  chatt<  Is  of  the 
.laid  C.  D.  by  you  in  form  aforesjiid  taken  and  every  part  thereof  for  the  Wat 
price  that  can  be  gotten  for  the  s;inu%  and  have  the  money  arising  from  such 
sale  before  us  in  our  said  Court  of  Justice  imme<liatelv  after  the  execution 
hereof  to  be  paid  to  the  said  A.  B.     And  have  there  then  this  writ. 

"Witness,  &c. 


600  APPENDIX  11. 


4.  JVrit  of  Fieri  Facias  de  Bonis  Ecclesiasticis. 

Victoria,  &c. 

To  the  Eight  Reverend  Father  in  God  {Johii]  by  Divine  permission  Lord 
Bishop  of  — — ,  greeting. 

We  command  you,  that  of  the  ecclesiastical  goods  of  C.  D.,  clerk  in  your 
diocese,  you  cause  to  be  made  £—,  which  lately  before  ns  in  our  High  Court  of 
Justice  in  a  certain  action  [or  certain  actions,  as  the  case  may  he]  wherein  A.  B.  is 
plaintiff  and  C.  D.  is  defendant  [or  in  a  certain  matter  there  depending,  intituled 
"  In  the  matter  of  E.  F.,''  as  the  case  may  be],  by  a  judgment  [or  order,  as  the  case 

may  he]  of  our  said  Court  bearing  date  "the day  of ,  was  adjudged  [or 

ordered,  as  the  case  may  he]  to  be  paid  by  the  said  G.  D.  to  the  said  A.  B., 

together  with  interest  on  the  said  sum  of ,  at  the  rate  of  £—  per  centum 

per  annum,  from  the day  of  and  have  that  money,  together  with 

such  interest  as  aforesaid  before  us  in  our  said  Court  immediately  after  the 

execution  hereof,  to  be  rendered  to  the  said  A.  B.,  for  that  our  Sheriff  of 

returned  to  us  in  our  said  Court  on [or  "at  a  day  now  past"]  that  the 

said  G.  D.  had  not  any  goods  or  chattels  or  any  lay  fee  in  his  bailiwick  whereof 
he  could  cause  to  be  made  the  said  £—  and  interest  aforesaid  or  any  part  thereof, 
and  that  the  said  C.  D,  was  a  beneficed  clerk  (to  wit)  rector  of  the  rectory 

[or  vicar  of  the  vicarage]  and  parish  church  of ,  in  the  said  Sheriff's  county, 

and  within  your  diocese  [as  in  the  return],  and  in  what  manner  you  shall  have 
executed  this  our  writ  make  appear  to  us  in  oursaid  Court  immediately  after 
the  execution  hereof,  and  have  you  there  then  this  writ. 

Witness,  &c. 


5.  JVrit  of  Fieri  Facias  to  the  Archhishop  de  Bonis  Ecclesiasticis  during  the 
Vacancy  of  a  Bishop's  See. 

Victoria,  &c. 

To  tlie  Right  Reverend  Father  in  God  [John]  by  Divine  Providence  Lord 
Archbishop  of  Canterbury,  Primate  of  all  England  and  Metropolitan,  greeting. 

Wk  command  you,  that  of  the  ecclesiastical  goods  of  G.  D.  clerk  iu  the 

diocese  of  ,  which  is  in  the  province  of  Canterbury,  as  ordinary  of  that 

church,  the  episcopal  see  of  now  being  made  vacant,  you  cause  to  be 

made  [&c,,  conclude  as  in  the  pn-ecediwj  form]. 


G.  Writ  of  Bequestrari  Facias  de  Bonis  Ecclesiasticis. 

Victoria,  &c. 

To  the  Right  Reverend  Father  in  God  [John],  by  Divine  permission,  Lord 
Bishop  of ,  greeting. 

Whereas  we  late]y  commanded  our  Sheriff  of that  ho  should  omit  not 

by  reason  of  any  liberty  of  his  county,  but  tliat  lie  should  enter  tlie  same,  and 
cause  [to  be  made,  if  after  the  return  to  afi.fa.,  or  delivered,  if  after  the  return 


WRIT   OF   SEQUESTRATION.  GOl 

to  ((11  rh'r/it,  Sec,  find  in  cither  ccmc  recite  the  fvrmrr  xi'rit\.   Ami  whereupon  our  sai<i 

Sliei'ill'  of oil  tlie day  of one  thousand  (.-i^^ht  liundrud  and 

[or  "  at  a  ihiy  pa.st"|]  ivturned  to  ns  in  the division  of  our  said  Hij,'h  Court 

of  Justice,  tliat  the  said Avas  a  heneiiced  cIltIv,  that  is  to  say,  rector  of  the 

rectory  [or  Aicar  of  the  vicarage]  of  tlie  — —  and])arish  church  of  — —  in  the 

county  of  and  within  your  dioccso,  and  that  lu;  had  not  any  goods  or 

chattels  or  any  lay  fee  in  his  l)ailiwick  [here  follow  tlie  words  of  the  SherifTs 
return].     Therefore  w'o  conunand  you  tliat  you  enter  into  the  saiil  rectoiy  [or 

vicarage]  and  parish  church  of ,  auil  take  and  soi^ui'sler  the  same  into  your 

jiossession,  and  that  you  hoLl  tlie  same  in  your  possession,  until  you  shall  have 

levied  the  saiel and  interest  aforesaid,  of  the  rents,  titlies,  rent-charges  in 

lieu  of  tithes,  oblations,  obventions,  fruits,  issues,  and   pr<jfits  thereof,  and 
other  ecclesiastical  goods  in  your  diocese  of  and  belonging  to  the  said  rectory 

[or  vicarage]  and  parish  idiurch  of and  to  the  said as  rector  [or  vicar] 

thereof  to  be  rendered  t(j  tlie  said  ,  and  what  you  shall  do  therein  make 

appear  to  us  in  our  said  Court  immediately  after  the  execution  thereof,  and 
have  you  there  then  this  M'rit. 
Witness,  &c. 


7.  JFrit  of  Sequestration. 
Victoria,  &c. 

To  Inames  of  not  less  than  four  Commissioners'],  greeting. 

"Whereas  lately  in  the Division  of  our  High  Court  of  Justice  in  a 

certain  action  there  depending  wherein  A.  B.  is  plaintilfaud  C.  D.  and  others 
are  defendants  [or  in  a  certain  matter  there  depending,  intituled  "In  the 
matter  of"  as  the  case  niai/  be]  by  a  judgment  ['>r  order,  (ts  the  case  nuoj  he]  of 
our  said  Court  made  in  the  said  action  [or  matter],  and  bearing  date  the  ■ 

day  of  one  thousand  eight  hundred  and  it  was  ordered  that  the 

said  C.  D.  should  pay  into  Court  to  the  credit  of  the  said  action  the  sum  of 
£ —  [or,  as  the  case  mai/  be].  Know  ye  there-fure,  that  we,  in  confidence  of 
your  prudence  and  fidelity,  have  given,  and  by  these  presents  do  give  to  you, 
or  any  three  or  two  of  you,  full  power  fiud  authority  to  enter  upon  all  the 
messuages,  lands,  tenements,  and  real  estate  whatsoever  of  the  said  C.  D., 
and  to  collect,  receive,  and  ser^uester  into  your  laands  not  only  all  the  rents 
and  profits  of  his  said  messuages,  lands,  tenements,  and  real  estate,  but  also 
all  his  goods,  chattels,  and  jiersonal  estates  whatsoever ;  and  therefore  we 
coniuiand  you,  any  three  or  two  of  you,  that  you  do,  at  certain  proper  and 
convenient  days  and  hours,  go  to  and  enter  upon  all  the  messuages,  lands, 
tenements,  and  real  estates  of  the  said  C.  D.,  and  that  you  do  collect,  take,  and 
get  into  your  hands  not  only  the  rents  and  profits  of  his  saiil  real  estate,  but 
also  all  his  goods,  chattels,  and  personal  estate,  ami  detain  and  keep  the  same 
under  sc([uestration  in  your  hands  imtil  the  said  C.  D.  shall  p>ay  into  Court  to 

the  creilit  of  the  said  action  the  sum  of  [or,  as  the  case  may  be],  clear  his 

contempt,  and  oiu"  said  Court  make  other  order  to  the  contrary. 

Witness,  &c. 


g02  APPENDIX   III. 


APPENDIX   III. 


PRECEDENTS  OF  BILLS  OF  COSTS. 

Costs  of  Plaintiffs  and  Defendants  in  Action  in  which  issue  is  joined  ;  including 
Charges  for  'Examination  and  Gross- Examination  of  Jl' itnesses  on  Hearing  oj 
Action,  and  Notices  to  Admit  and  Produce. 

In  the  High  Court  of  Justice,  187  .  No. 

CHANCERY   DIVISION. 
BET^YEEN  '^"^'^^  others,  Plai)itiffs, 

AND 

and  otlicrs,  Defendants. 

The  Bill  of  Costs  of  the  Plaintiff's  to  he  taxed  as  between     _^       and  ,  tn 

2)ursuance  of  Order  made  on  the        day  of  ,187. 

Michaelmas  Sitting,  1876. 

1876,  November. 

Instructions  to  sue 

Certificate  of  lower  scale 

(If  an  infant  or  married  woman  is  plaintiff,  charge). 
Drawing  authority,  and  attending  and  obtaiiiing  con- 
sent of  Mr.  to  sue  in  his  name  as  next  friend 

Special  indorsement 

Attending  Mr.  with  same  to  settle    . 

Paid  fee  to  him  and  clerk 

Paid  issuing  writ 

Copy  writ  for  service      . 

If  beyond  two  folios,  at  per  folio 

Service  of  same  on  each  defendant         .... 

Mileage  for  each  mile  beyond  two 

(if  served  l)y  agent.) 
"Writing  to  agent  with  writ  for  service    .         .         .         .036         03b 
On  receipt  of  fee  from  agent  returning  writ  duly  served, 

writing  him  with  charges  for  serving  same  .         .036         036 

Paid  his  charges     ......•• 

If  undertaking  is  given  to  appear 

Attending  Mr.  on  his   giving  undertaking  to 

appear'for  defendant ..••-'     ^'     *^         0     6     8 

Drawing  and  engrossing  affidavit  of  service,  at  per  folio  .  0  10  0  10 
Paid  Commissioner  taking  deponent's  oath  .  .  .016  016 
Making  copy  affid;ivit  to'  be  marked  as  an  office  copy, 
at  per  folio . 


Lower  Scale. 

Higher  Scale. 

.i^ 

s. 

(?. 

£     s.      iJ. 

0 

6 

K 

0  13     4 

0 

5 

0 

0     0     0 

0 

6 

8 

0  13     4 

0 

5 

0 

0     5     0 

0 

3 

4 

0     6     8 

1 

3 

6 

1     3     6 

0 

5 

0 

0  10     0 

0 

0 

8 

0     0     8 

0 

0 

4 

0     0     4 

0 

5 

0 

0     5     0 

0 

1 

0 

0     1     0 

0     0     4         0     0     4 


Paid  filin-  atfidavit 020        020 


Paid,  fur  office  copy  at  per  folio 

(Xo  charge  for  searching  appearance  is  allowed  now). 


0     0     2         0    0    2 


plaintiff's  bill  of  costs  in  action  in  WIITCir  ISSUE  IS  JOINED.   603 


Instructions  for  statement  of  claim         .... 
(In  hh^hoY  scale  actions,  the  Taxing  Master  has  the 
power  to  increase  the  alloAvance). 

Drawing  same 

Or  per  i'olio    .....[, 

Charge  for  making  copies  of  the  necessary  documents  t(*) 

enable  counsel  to  settle  same,  at  per  folio 
Attending  ]\rr.  with  same.         .         .         .*         " 

Paid  fee  to  him  and  clerk       ...'.* 
Summons  for  time  to  deliver  statement"  of  claim 

(In  higher  scale  actions,  may  be  increased  21.«.   and 
in  lower  scale  (!*•.  Hd.)  ' 

Paid  sealing  same 

Making  copy  to  leave  at  Chambers         .         .        . 

Or  per  folio 

Co})y  for  service,  each   ....'."*' 
Or  ])er  folio,  each   .....' 
Service  of  same  on  each  solicitor    ..'.'!' 
Attending  summons  when  order  ma<le  .        . 

Paid  for  order         

Attending  for  order  and  entering  game  . 

(If  it  is  necessary  to  amend  writ,  charge.) 
Preparing  summons  to  amend  Avrit,  and  "attending'  at 

Chambers  to  get  same  sealed     ,.        .         .         /"^ 
Paid  sealing  same  . 
Making  copy  to  leave  at  Chambers         ".         '         '         '     ^ 

Or  per  folio '         *     ^^ 

Copy  for  service     .         .         ...         '. 

Or  per  folio    .         .         .         .       '.'        ] 

Service  on  each  solicitor.         .         .         .         \    .     \ 

Attending  summons  when  order  made 

Paid  for  order         ....].'" 

Attending  for  order,  and  to  get  same  entered 

Attending  amending  writ  at  Record  Oihce     .         .         '. 
Paid  amending  same 

Copy  amended  writ  for  service,  beyond  2  foliosj  at  per  folio 
bervice  of  same  on  solicitors  for  the  defendants  who 

had  appeared,  each 02G        0'>G 

(If  some  of  the  defendants  have  not  appeared,  charge 
the  same  for  service  as  before.)  " 

Engrossingstatcmentof  claim  fo.  10      .         .         .         .034         034 
]\Iaking       copies  of  statement  of  claim  for  delivery  at 

per  lulio  each q 

If  the  statement  of  claim  is  above  ten  folios,  charge 

making  copy  statement  of  claiju  for  the  printer  at  v^v 

folio     ........  Q 

Exainining  and  correcting  proof  at  ])erfulio.*         '.         '     0     0     ^         0     0     2 
1  aid  i.riiiter's  charges  (ininr.s  £     ,  the  amount  receive.l 

tor  copies)  ..... 
Copy  statement  of  claim  to  deliver  at  per  fulio       "         '     0     0     «        0    0     'i 
Attending  to  deliver,  ciich  copy  at  .         .  '     0     3     4         0     G     8 

Attending  summons  fur  time,  to  deliver  statement  of 

delence  when  order  made   , 0G8        0G8 


Lower  Scalo. 

Uigh 

er  Scale. 

£     s.      (/. 

£ 

s.     a. 

0    13      4 

2 

2     0 

0  10    0 

1 

1     0 

0     1     0 

0 

1     0 

0     0     4 

0 

0    4 

0     G     8 

0 

G     8 

2     4     (i 

2 

4     G 

0     3     0 

0 

G     8 

0     2     0 

0 

3     0 

0     2     0 

0 

2     0 

0     0     0 

0 

0    4 

0     1     0 

0 

2     0 

0     0     4 

0 

0     4 

0     2     (J 

0 

2     6 

0     G     8 

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0     G     8 

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0     3     0 

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0 

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0     3     0 

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0     2     G 

0 

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0     0     4 

0 

0     4 

0     4         0     0     4 
0     0     4         0     0     4 


'PENDIX   III. 

Lower  Scale. 

Higlier  Scale. 

£,     s.     d. 

£,      s.      d. 

.068 

0  13     4 

' 

.000 

0     0     4 

* 

.002 

0     0     3 

* 

.004 

0     0     4 

604 


Penising  statement  of  defence 
Or  per  folio  .  .  •  • 
If  agency,  close  copy  print    . 

M  defendant's  so'Ucitors  fox"  copies  :  l'  copy  Id,  others 

at  hi  .    e  1  •  n    r.    8        0  13    4 

Instructions  to  amend  statement  of  claim      .         .         .     u     u     o 
(In  the  higher  scale  actions  this  allowance  may  be 
increased  hy  the  Taxing  Master.) 
Drawing  amendments    .•••••' 
Or  per  folio   .         .         •         •         •         *  ,      ' 
Attending  Mr.  with  same  to  settle    . 

Paid  fee  to  him  and  clerk 


Paid  fee  to  him  and  cierK       •    ,    •    .     *         '    i  v,,  l,ia 

Attending  counsel  for  same  when  it  appeared  by  his 

opinion  on  settling  amendments  he  required  further 

information.     If  agency,  charge  making  close  cop) 

OnShiingtheinfomiation  counsel  ^fl^^e-^^'J^tend- 

ing  appointing  conference  with  him  to  finally  settle 

amendments       .         •         ',    ,  ',       * 

Paid  conference  fee  to  him  and  clerk     .        •        A^  ,,  * 

Attending  conference  when  amendments  were  tinaliy 

settled        .        •        •      . '.     , 

Insertmg  amendments  in  original 

Or  per  folio    .         .         ' .       '         '    e  ^■ 

Copy  amendments  for  printer  at  per  ioiio      .        .        • 

Examining  and  correcting  proof  ot  the  whole  prmt,  at 

■ner  folio      .         •         •         •         *.     ,  V       *   •    \* 
Paid  printer's  hill  (minus  £      received  for  copies)         . 
Copy  amended  statement  of  claim  for  delivery,  at  pei 

folio  of  amendments  .         ',        *  v      * 
(If  amended  in  writing  charge.) 

Inserting  amendments 

Or  per  folio 

Attending  to  deliver  each  copy       •         •         •     ,  ;       ' 
Defendant  having  amended  his  statement  of  defence, 

perusing  reprint  .         •         V  , .    * 

Or  per  folio  of  amendment,  at  per  toUo  .        .        .        • 
If  amended  in  writing,  perusing  same    .        .        .        • 

Or  per  folio 

Instructions  for  reply    .         •     .   •  .     /     , .  '     ^^ '  ^,o  ' 
If  defendant  sets  up  a  counter-claim,instructionsforreply 

Diawing  reply 

Or  per  folio   .         .         •         •         •         •  ,      ' 
Attending  Mr.  with  same  to  settle    . 

Paid  fee  to  him  and  clerk      .        •        •        *    .    *      „f 
If  written  making  copies  of  reply  for  delivery,  at 

per  folio 

Attending  to  deliver  each  copy      .        •       ■'  .^  '        ' 
If  printed,  making  copy  of  reply  lor  the  printer,  at  pei^ 

folio •         V  1  •  ^ ' 

Examining  and  correcting  proof,  at  per  Iplio  .         • 

P^id  printer's  charges  (minus  £        received  for  copies) 


0 

5 

0 

0  10 

0 

0 

1 

0 

0     1 

0 

0 

3 

4 

0     G 

8 

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1     3 

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0    0    4        0    0    4 


0 

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0     0    2        0    0     2 
0     0     2         0     0     3 


0 

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0     5 

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0 

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g 

plaintiff's  bill  of  costs  inaction  in  which  issue  is  joined.  G05 


Sittings  fee   . 

If  agency,  letters,  &c. 


Lower  .Scale.  IIit;hcr  Scale. 

£     s.      il.  .C     s.      (/. 

0  15     0  0  15     0 

0     G     0  0     0     0 


Hilary  Sittings,  1877. 

1877,  Jamtary. 

PenisinL,' joinder  of  issue 

Notice  of  trial  copy  and  service     ..... 

f  !oi)y  and  service  of  same  on  the  other  solicitors,  each    . 

Instructions  for  counsel  to  advise  on  evidence 

Or  not  to  exceed 

Attending  ]\Ir.  "with  same ..... 

Paid  fee  to  him  and  clerk 

Attending  defendant's  solicitors,  obtaining  consent  to 
take  evidence  by  athdavit,  each  solicitor 

Preparing  notice  to  produce  and  one  copy 

Or  ])er  folio 

Each  other  copy  beyond  the  first,  such  allowance  as  the 
Taxing  Master  shall  think  proper,  not  exceeding,  per 
folio 

Service  of  same  upon  each  solicitor        .        .        .        . 

Preparing  notice  to  admit  and  one  copy 

Or  per  folio 

Each  other  copy  beyond  the  fu'st,  such  allowance  as  the 
Taxing  Master  shall  think  proper,  not  exceeding,  per 
folio 

Service  of  same  upon  each  solicitor       .... 

Attending,  giving  inspection  of  documents  proposed  to 
be  admitted 

Or  per  hour 

Fair  copy  plaintiff's  notice  to  admit,  per  folio 

Attending  defendant's  solicitors  on  their  examining  and 
signing  aidmiai>:ti'ation3  "^J-t^^^^j.^.y^^i,. 

Perusing  defendant's  notice  to  inspect   .         .        .         . 

The  liku  notice  to  admit        ...... 

Attending,  inspecting  defendant's  documents  proposu-d 
to  be  admitted 

Or  per  hour 

Attending  defendant's  solicitor,  examuiing  and  signhig 
their  adminiotrations  <xeU^.^,^Xtfyvj     .         .         .         . 

Instructions  of  athdavit  of  plaintiff,  verifying  the  state- 
ment of  complaint 

(The  Taxing  Master  is  authorised  to  increase  this 
allowance  if  lie  thinks  fit.) 

Drawing  same  folio       ,  at  por  folio        .        .        .        . 

(Charge  for  any  further  affidavits  that  are  necessary 

to  prove  the  plaiutilf's  claim  .) 

Attending  Mr.  with  same  to  aultle  . 

Paid  fee  to  him  and  clerk 

Engrossing  affidavit  at  per  folio     .... 

If  exhibits,  preparing  exhibits,  each 

Attending  deponent  to  Ije  sworn  to  same 

Paid  Commissioner  taking  deponent's  oath    . 

Paid  him  marking  exhibits,  each  .... 


0 

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8 

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0 

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jOWi 

er  Scale. 

Higher  Scale. 

£ 

.<:. 

d. 

£ 

s.      d. 

0 

0 

4 

0 

0     4 

0 

2 

0 

0 

2     0 

0 

0 

2 

0 

0     2 

0 

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0     4 

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0     2 

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4     0 

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2 

6 

0 

2     6 

G06  APPENDIX    III. 


Makiii.L,'  copy  allidavit  to  be  marked  as  ftii  office  copy,  at 
]»er  I'ulio      ......... 

Paid  filing  affidavit 

Paid  for  office  copy,  at  per  folio      ..... 

Making  copies  of  affidavit  for  tlie  printer,  at  per  folio    . 
Examining  and  correcting  proof    ...... 

Paid  printer's  charges  (minus  £  received  for  copies) 

Notice  of  filing  same,  copy  and  service  .... 

The  like  on  solicitors  for  the  other  defendants,  each 

(If  there  are,  however,  three  , deponents  to  an  affi- 
davit, and  they  reside  at„  diifei-ent  places  and 
cannot  be  sworn  to  at  the  same  time,  charge  for 
attending  to  be  sworn,  preparing  exhibits  and 
paid  Commissioner  for  taking  their  oaths,  and 
marking  exhibits,  as  above.) 
(If  the  solicitor  has  to  go  a  long  distance  for  getting 
the  affidavit  sworn  to,  the  fee  for  attending  to  gut 
deponents  sworn  may  be  increased,  and  if  sent  to 
agents  for  same  to  l)e  sworn  to,  charge  for  writing 
to  agents  and  paying  their  charges.) 
Paid  for  copy  affidavit  of  defendant  filed  in  reply,  at  per 

folio   

Perusing  same 

If  agency,  close  copy,  if  written 

If  printed  ........... 

Making  brief  copy  of  defendant's  affidavit  for  counsel  to 
advise  on,  at  per  folio         ...... 

Attending  Mr.  with  same,         ..        ,         .        . 

Paid  fee  to  him  and  clerk 

(Charge  for  any  further  athdavits  tiled  on  behalf  of 

plaintiff  in  answer  to  defendant's  affidavit.) 
(When  evidence  is  taken  orally,  or  parties  who  had 
made  affidavits  had  received  notice  to  cross-exa- 
mine them  on  same  on  tlie  hearing  of  the  action, 
charge  attending  upon  the  different  witnesses, 
and  these  attendances  will  be,  according  to  cir- 
cumstances, considered  by  the  Master  as  to  the 
allo^\•ance  for  instructions  for  brief) 
Preparing  snhpccna  duces  tecum  for  .... 

If  more  than  four  folios,  for  each  folio  beyond  four 
Paid  sealing  same  ........ 

Making  copy  of  same  for  service 

If  more  than  four  folios,  for  each  folio  beyond  four 
Service  of  same      ........ 

Preparing  suhpccna  ad  testificandum  for  and  others 

If  more  than  four  folios,  for  each  folio  beyond  four 
Paid  sealing,  not  exceeding  three  persons 

Making  copy  for  same  for  service 

If  more  than  four  folios,  for  each  folio  be^'ond  four 
Service  of  same       ........ 

If  the  parties  who  are  sulipoenaed  reside  beyond  two  miles 
from  the  solicitor's  place  of  lousiness,  serving  same  for 
each  mile  beyond  the  two  miles  therefrom         .        .010        010 


0 

0 

4 

0 

0 

4 

0 

0 

4 

0 

0 

4 

0 

0 

4 

0 

0 

4 

0 

0 

2 

0 

0 

3 

0 

0 

4 

0 

0 

4 

0 

3 

4 

0 

6 

8 

1 

3 

6 

1 

o 

6 

0 

6 

8 

0 

6 

8 

0 

1 

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0 

1 

4 

0 

2 

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0 

5 

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0 

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2 

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8 

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6 

8 

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0 

1 

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5 

0 

0 

1 

0 

0 

2 

0 

0 

1 

4 

0 

1 

4 

() 

5 

0 

0 

5 

0 

plaintiff's  bill  of  costs  in  action  in  which  issue  is  joined.  G07 


If  the  sabpocna  is  sent  to  an  agcnl  to  serve  sanir,  Avritiii" 

^to  agent  with  same  for  service    .         .         ,         .        ° 

Writin"  to  agent  witli  his  charges  for  service  of  cony 

01  subpoena 

Paid  ]i is  charges  (Post  Office  Order). 

Attending  Mefendant's  solicitor,  obtaining  his  consent 

to  set  down  action  as  short,  cacli  solicitor  . 
Drawing  minutes  of  decree,  at  per  folio 
Attending  Mr.  with  same  to  settle    . 

Paid  fee  to  him  and  clerk 

Making        copies  of  proposed  minutes  for  defendant'.s 
solicitors,  at  per  folio  each  ...... 

"Writing  to  them  with  same,  each  solicitor 

Perusing  defendant's  solicitors'  alterations  in  the  minutes, 

and  consiilering  same 

Subsequently  attending  and  conferring  with  them  there- 
on, and  agreeing  thereto,  each  solicitor 
Makmg  2  copies  of  minutes,  as  agreed,  for  the  Judtje,  at 

per  folio 

Making  2  copies  of  writ  for  the  Judge,  at  per  folio 
The  hke  2  copies  of  statement  of  claim .         .         .         ! 
If  amended  in  writing,  charge  inserting  amendments,  in 

each  print 

Or  per  folio    '.....[[ 

If  statement  not  printed,  at  per  fulio      .' 

The  like  to  2  copies  statement  of  defence,  if  printed,  at 

per  folio 

If  amended  in  writing,  charge  inserting  amendment,  in 

each  print 

Or  per  folio 

If  statement  of  defence  not  printed,  at  per  folio     '. 
The  like  2  copies  of  reply,  at  per  folio    .         .         .         . 
If  printed,  at  per  folio  .         .         .         .         . 

The  like  2  copies  of  joinder  of  issue,  per  folio 

If  printed,  at  per  folio 

Copy  notice  of  trial,  per  folio         ..*.!.' 
Attending  setting  down  action       ...'.' 
Paid  on  setting  same  down    ...... 

Attending  Judge's  secretary  with  papers 
Attending  counsel    to   procure   certificate   that  actioi'i 
proper  to  be  heard  as  a  short  action,  and  on  the  Regis- 
trar to  mark  same 

Instructions  for  brief     ...[... 
(If  witnesses  are  examined  or  cross-examined,  the 
Taxing  IMaster  has  poAver  to  increase  this  charge 
according  to  the  number  of  witnesses  to  be  exa- 
mined or  cross-examined.) 

Dra\ying  brief,  at  per  folio 

Making  2  copies  of  same  for  counsel,  at  per  folio  each    '. 
Making  2  copies  of  writ  of  summons  for  counsel'at  per 
folio  each  ...... 

The  like  2  copies  of  statements  of  claim  and  defence 
for  counsel,  at  per  folio  each 


Lower  Scalr. 
X     .^.      d. 

0     3     G 
0     3     G 


0  G  8 

0  1  {) 

0  G  8 

2  4  6 


Higher  Scale. 
£     s.     d. 


0      0 
0     3 


0  G  8 

0  I  0 

0  G  8 

2  4  G 

0  0  4 

0  3  G 


0     C     8        0     G     8 
0     6     8        0     6     8 


0 

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0 

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4 

0 

0 

4 

0 

0 

2 

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3 

Low 

er  Scale. 
s.     cl. 

Higher  Sci 
£,     s. 

lie. 

d. 

0 
0 
0 

1 
0 
0 

0 

4 
4 

0 
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5 
0 
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0 
4 

4 

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3 

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0 
0 

0 
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2 
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0 
0 

0 
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4 

608  APPENDIX   III. 


If  amended  in  writing,  charge  inserting  amendments,  in 
eacli  print 

Or  per  folio  each 

If  statement  not  printed,  at  per  folio  each 

The  like  2  copies  of  printed  evidence  fded  on  belialf  of 
plaintifis  and  defendants  for  connsel,  at  per  folio 

Tlie  lilce  2  copies  of  reply  for  connsel,  if  printed,  at  per 
folio  each    ......... 

If  written,  at  per  folio  each 

The  like  2  copies  of  joinder  of  issne  for  counsel,  if 
printed,  at  per  folio  each 

If  written,  at  per  folio  each 

The  like  2  copies  of  notice  of  trial  for  counsel,  at  per 

folio  each _       .         .004        004 

The  like  2  copies  of  plaintiff's  notices  to  admit  and  pro- 
duce for  counsel,  at  per  folio  each       .         .         .         .004         004 

The  like  2  copies  of  defendant's  notices  to  admit  and 

produce  for  counsel,  at  per  folio  each  .         .         .004         004 

The  like  2  copies  of  documents  and  correspondence  re- 
ferred to  in  the  pleadings  for  counsel,  at  per  folio  each     0     0     4        0    0     4 

The  like  2  copies  of  proposed  minutes  for  counsel,  at  per 
folio  each 

Attending  ]\Ir,  ,  Q.C.,  with  Ijrief  and  papers      . 

Paid  fee  to  him  and  clerk 

Attending  ]\Ir.  with  brief  and  papers 

Paid  fee  to  him  and  clerk 

Attending  Mr.  ,  Q.O.,  appointing  consultation  . 

Paid  fee  to  him  and  clerk 

Attending  Mr.  ,  appointing  considtation  . 

Paid  fee  to  him  and  clerk 

Attending  consultation _   . 

Having  been  served  Avith  notice  to  produce  certain  docu- 
ments on  the  hearing  of  this  action,  writing  to  Mr. 
,  requesting  liim  to  have  them  ready  in  Court 
to  be  produced ..03G 

"Writing  to  Mr.  ,  a  witness,  and  informing  him 
that  the  action  was  not  in  the  Judge's  list  for  to- 
morrow        

Similar  letters  to  the  other  witnesses     .         .         .     _    . 

Writing   to  Mr.  ,  informing  him  the  action 

Avould  be  tried  to-morrow,  and  recpiesting  him  to  at- 
tend Court  on  his  subpoena         .'.... 

Similar  letters  to  the  other  witnesses     .... 

Attending  Court,  action  in  list,  Init  not  reached,  each 
day 

Attending  Court,  when  action  in  list  and  partly  heard  . 

Or  according  to  cii-ciunstances,  not  exceeding 

Sittings  fee 

If  agency,  letters,  &c 

Easter  Sittings,  1877. 
Attending  to  refresh  I\Ir.                ,  Q.C. 
Paid  fee  to  him  and  clerk 


0 

0 

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6 

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0 

2 

6 

4 

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6 

Lower  Scale. 

Higher  Scale. 

&     s. 

d. 

i; 

s. 

d. 

0     3 

4 

0 

C, 

8 

1      3 

G 

1 

3 

G 

0  13 

4 

1 

1 

(» 

2     2 

0 

2 

2 

0 

0     0 

8 

0 

0 

8 

0     0 

4 

0 

0 

4 

0     4 

0 

0 

4 

0 

0     2 

6 

0 

2 

6 

0     6 

8 

0 

13 

4 

1     1 

0 

3 

3 

0 

0     3 

4 

0 

G 

8 

0     4 

0 

0 

4 

0 

0     2 

G 

0 

2 

G 

0     G 

8 

0 

G 

8 

0  10 

0 

1 

0 

0 

0    (; 

8 

0 

13 

4 

0     0 

4 

0 

0 

4 

plaintiff's  bill  of  costs  in  action  in  which  issue  is  joined.   609 


Attciidin.^'  to  n'frosli  'Mr.  

Paid  foo  to  liim  ami  clurk 

AUemliiig  Court,  aitiou  in  i)apLT  and  order,  made  for 

inquiries  at  C]ianil>cr.s 

Or  according  to  circumstances,  not  exceeding 
Attending  Kegistrar  with   brief  and  papers,  and  be- 
speaking draft  order 

Close  copy  draft  order,  at  per  folio         .         .         .         . 
Notice  to  settle,  cop)-  and  service  .         .         .         .         . 

The  like  to  other  solicitors,  each [ 

Attending  settling  same 

Or  at  Taxing  Master's  discretion,  not  to  exceed      '.         '. 

(In  case  the  Eegistrar  shall  certify  that  a  special 

allowance  ought  to  be  made,  the  taxing  Master  is 

to  make  such  allowance  to  all  or  any  of  the  parties 

as  to  Jiini  seems  just.) 

Attending  to  file  a  print  or  copy  of  all  proceedings 

Notice  to  pass  same,  copy  and  ser\ice     .... 

The  like  to  other  solicitors,  each 

If  order  printed  to  solicitor  having  carriage  of  order, 

attending  examining  proof 

Paid  for  order 

Attending  passing  same 

Copy  orders  for  the  Taxing  j\I aster,  at  per  folio      . 
Attending   to    certify  and    to   get   Master   in   rotation 

marked       .         .  ' 0     G     8        0     G     8 

Drawing  Ijill  of  costs  and  cojiy,  folio         ,  and  summary 

^folio         ,  together  folio        ",  at  per  folio  .         .        "^.0     0     8         0     0     8 
Warrant  on  leaving  copy  and  service      .         .         .         .     0     4     (>         0     5     G 

The  like  on  the  other  solicitois 0     2     G         0     2     G 

Warrant  to  tax,  copy  and  service 0     4(5         0     5     G 

The  like  on  the  other  solicitors  entitled  to  attend  the 

taxation  of  bill,  each 02G         02G 

If  the  costs  are  paid  out  of  the  fund  in  Court,  services 

of  warrants  on  leaving  and  to  tax,  on  each  solicitor    .     0     2     G         0     2     6 
Attending  taxing  plaintiff's  costs,  at  per  2.3  folios  or 

fractional  part 0G8         0G8 

(If  entitled  to  attend  the  taxation  of  other  costs.) 
Paid  for  copy  defendant  costs,  at  per  folio  .         .004        004 

Attending  taxing  same,  at  per  35  folios  or  fractional 

part 068        068 

(Charge  in  like  manner  for  any  other  costs.) 

Transcribing  certificate 

Paid  stamping  same        ....... 

(If  costs  ])aid  out  of  fund  in  Court,  leave  out  the  £l.) 
Attending  to  tile  and  get  ofiice  copy  marked  . 
Paid  for  office  cojiy         ....... 

Sittings  fee 

If  agency        ......... 

Letters,  messengers,  posts,  &c.,  from  187    to  18      . 

(It  witnesses  are  examined  or  cross-examined  on 
their  affidavits,  and  the  examination  was  com- 
menced and  adjourned,  charge) 

n  R 


0     2 

0 

0     2 

0 

0     0 

0 

J     0 

0 

0     G 

8 

0     6 

8 

0     3 

0 

0     3 

0 

0  lo 

0 

0  1.-) 

0 

0     G 

0 

0     G 

0 

CIO 


APPENDIX   III. 


Drawing  oLservations  for  counsel  ou  tlie  result  of  tlie 
examination,  at  per  folio 

Llaking  2  copies  of  same  for  counsel,  at  per  folio    . 

Attending  Mr.  ,  Q.C.,  with  same 

Paid  fee  to  liim  and  clerk 

Attending  Mr.  with  same .... 

Paid  fee  to  1dm  and  clerk       .         ... 

Attending  Mr.  ,  Q-C.,  appointing  consultation 

Paid  fee  to  him  and  cleric 

xVttending  Mr.  appointing  consultation 

Paid  fee  to  him  and  cleric       ..... 

Attending  consultation  ...... 

Paid  the  following  witnesses  : — 

A.  B.,  of  ,  accountant,  absent       days 

Plaintiff,  residing   at  ,  travelling  and   hoti 

expenses     ........ 

Defendants,  residing  at  ,  the  like 


nw 

er  Scale. 

Higher  Scale. 

^ 

s. 

<;. 

£     s.     d. 

0 

1 

0 

0     1     0 

0 

0 

4 

0     0     4 

0 

G 

8 

0     6     8 

3 

5 

G 

3     5     G 

0 

G 

8 

0     G     8 

2 

4 

G 

2     4     6 

0 

G 

8 

0     6     8 

2 

9 

G 

2     9     6 

0 

3 

4 

0     6     8 

1 

3 

6 

1     3     6 

0 

13 

4 

0  13     4 

Summary  of  Bill. 


Page. 
1 
2 
3 


Taxed  oDT. 


Amount 
of  bill. 


Taxed  off 


If  costs  not  paid  out  of  fund 
Paid  ad-valorem  duty  . 


defendant's  bill  of  costs  i\  action  in  which  issue  is  joinkk.  01 1 

In  lUK  Ilnai  Couut  of  Ji'stick,  18,7  .    .  No. 

CHANCERY   iJl VISION. 
Between  and  others,  Plaindjjs, 

AND 

aiul  others,  Defendants. 

2'he  Bill  of  Costs  of  the  defendant  ,  to  he  taxed  as  hetireen 

and  ,  in  inirsnancc  of  Order  made  on  the         day  of  187 


Hilary  Sittings,  1877. 


Lower  Scale.    Iliglirr  Sr.-ilo. 


£ 

J. 

(1. 

Ji       s. 

(/. 

0 

6 

8 

0  13 

4 

0 

5 

0 

0 

G 

8 

0     G 

8 

0 

G 

8 

0    G 

8 

0 

1 

0 

0     2 

0 

0 

2 

0 

0     -2 

0 

0 

4 

0 

0     4 

0 

1877,  March. 
In8truction.^  to  defend.    ....... 

Certificate  of  lower  scale         ...... 

If  writ  not  jtersonally  served,  cliarj^'e 
Attending'  plaintilf's  solicitor,  acceptiiijj;  .service  of  writ 

and  giving  liiiu  an  undertaldng  to  appear  i 
Attending  entering  appearance       .         .         "         .         . 
(If  entered  at  one  time  for  more  than  one  person,  fur 

every  defendant  Leyond  the  lir.'it)  .... 
Paid  entering,  each  defendant  ..... 
Notice  thereof,  copy  and  service     ..... 

If  defendants  Infants 
Attending  Mr.  ,  ohtaining  authority  to  act  as 

guardian  on  hehalf  of  the  infant  or  infants,  A.  Jj. 

and  ........ 

Drawing  and  engrossing  petition  to  appoint  guardian    . 
Attending  to  present  and  for  order         .... 

Paid  for  order         ........ 

Instructions  fur  alliclavit   of  in    support   of 

guanlian 

Drawing  same  ,  at  jier  folio       .... 

Engrossing  same  ,  at  per  folio  .... 

Attending  deponent  to  he  sworn  to  same 

Paid  commissioner  taking  deponent's  oath 

Making  co])y  of  this  ailidavit  to  be  marked  as  an  oflice 

copy,  at  per  folio         ....... 

Paid  tiling  athdavit         . 

Paid  for  olHcf  coj^v,  at  per  folio      . 

Copy  and  .service  of  order  on  plaintilf's  solicit(irs  . 

If  the  ]ilaintitr  take  out  a  summons  for  leave  to 
amend  writ,  or  for  time  to  deliver  .statement  of 
claim,  cliarge 
Attending  plaintilf's  summons  for  leave  to  amend  writ 

when  order  made OGS         0134 

Attending  plaintilf's  summons  for  time  to  deliver  state- 
ment of  claim  when  on'   r  made  .... 
Perusing  statement  of  daiui  ...... 

Or  per  folio 

If  agency,  close  copy,  at  per  folios 


0 

n 

8 

0 

13 

4 

0 

4 

0 

0 

4 

0 

0 

(i 

8 

0 

13 

4 

0 

3 

0 

() 

5 

() 

0 

(■) 

8 

0 

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8 

0 

1 

0 

0 

1 

0 

0 

0 

4 

0 

0 

4 

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s 

0 

(j 

8 

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0 

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0 

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3 

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0 

3 

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0     G     8 

0     6 

8 

U     G     8 

0  13 

4 

0     0 

4 

0     0     2 

0     0 

3 

612  APPENDIX   III. 

Lower  Scale.  Iliglicr  Scale. 

J6     !>.      d.  A     s.      d. 

If  statement  of  claim  is  under  10  folios  and  not  printed, 

charge  close  copy,  at  per  folio 0     0     4  0    0     4 

If  printed,  paid  for       copies,  Id.  per  folio  for  first 
copy,  ^d.  per  folio  for  each  other  copy. 

Summons  for  time  to  deliver  statement  of  defence         .030  068 

Paid  sealing 02     0  030 

IMaking  copy  for  Chamhers 020  020 

The  like  for  service 010  020 

Service  on  plaintiff's  solicitor 0     2     6  0     2     6 

Attending  summons  when  order  made  .         .         .         .068  068 

Paid  for  order 0     3     0  0     5     0 

Attending  for  order,  and  attending  to  enter  same  .         .068  068 

Instruction  fur  statement  of  defence       .         .         .         .068  0  13    4 

Drawing  same 050  0100 

Orperiolio .010  010 

Drawing  statement  of  defence  and  counter  claim    .         .050  110 

Or  per  folio 0     10  0     10 

Making  copy  of  writ  of  summons  for  counsel,  at  per 

folio .         .004  004 

Copy  statement  of  claim  for  counsel,  if  printed,  at  per 

folio 0     0     2  0     0     3 

If  written,  at  per  folio 004  004 

Making  copies  of  will  of  testator  and  other  documents 

to  accompany  insstructions  to  counsel  to  settle  state- 
ment of  defence,  at  per  folio 0     0     4  0     0     4 

Attending  IMr.                with  same  to  settle     .         .         .068  068 

Paid  fee  to  him  and  clerk 246  246 

Makiiig  copy  statement  for  the  printer,  at  per  folio        .004  004 

Examining  and  correcting  i^roof,  at  per  folio           ._        .002  002 
Paid  printer's  charges  (minus  £      received  for  copies) 
If  statement  does  not  exceed  10  folios,  charge  instead  for 

copy  for  printer,  &c. 

Engrossing  statement  of  defence,  at  per  fulio.         .         .004  004 

Coi>y  to  deliver,  at  per  folio 004  004 

Attending  to  deliver  same 034  068 

If  tlie  plaintilf  amend  his  statement  of  claim,  charge 

perusing  same,  if  in  writing        .         .         .         .         .068  008 

Or  per  folio 004 

If  reprinted 0     0     8  0  13     4 

Or  per  folio  of  amendments 0     0     4 

Inserting  amendments  in  printed  copies,  at  per  folio      .010  050 

Orperiolio 004  004 

If  agency,  charge  for  close  CO] ly      .         .         .         .         .010  050 

Or  per  folio    .         .         . 0     04  004 

If  defence  amended  charge. 

Instructions  to  amend  same 068  0  13     4 

Drawing  amendments 0     5     0  0  10     0 

Or  per  folio .         .•    0     1     0  0     10 

Attending  Mi:                 with  winie  to  settle     .         .         .034  068 

Paid  fee  to  him  and  cl(ii<       .         .         .         ...     1     3     6  136 

If  agency,  charge  making  close  copy  of  counsel's  opinion 

on  amendments,  at  per  folio                    .      .         .         .004  004 


defendant's  bill  of  costs  in  action  in  which  issue  is  joini: d.  C13 


^Making  copy  of  further  conespoiidcnco  for  counsel  to 

iiually  sottlo  uiiieudedstatenieul  of  defence,  at  per  folio 
Attending  Mr.  with  same  .... 

Paid  fee  to  liini  and  clerli 

Inserting  amendments  in  original  .... 

Or  ])er  folio 

Coj)y  amendments  for  printer,  at  per  f(jlio 

Examining  and  correcting  proof  of  the  wliole  print,  at 

per  folio 

Paid  i)rinter's  hill  (minus  £        received  for  copies) 
Copy  amendeil  .statement   for    .service,  at  per  folio  of 

amendments        ........ 

If  amended  in  writing,  instead  for  cojiy  for  printer,  &c., 

charge 

Inserting  amendments 

Or  i)er  folio 

Attending  to  deliver  same      ..... 

Perusing  reply       ....... 

Instructions  for  joinder  of  issue      .... 

Drawing  same 

Or  per  folio 

Attending  Mr.  with  .same  to  settle    . 

Paid  fee  to  him  and  clerk 

Engrossing  rejoinder,  per  folio  .... 
Making  coj)y  to  deliver,  per  folio  .... 
Attending  to  deliver  same  ..... 
Instructions  for  counsel  to  advise  on  evidence 

Or  not  to  exceed 

Attending  I\Ir.  with  same 

Paid  fee  to  him  and  clerk 

Attending  plaintitf 's  solicitors,  obtaining  their  consent 

to  take  evidence  by  aliidavit      .... 

Prei)aring  notice  to  produce  and  copy    . 

Or  per  folio    ........ 

Any  other  copy  for  service,  as  the  Taxing  Master  shall 

think  proper,  not  exceeding  per  folio  . 
Service  of  same  on  each  solicitor    .... 
Preparing  notice  to  adnut  and  copy 

Or  per  folio 

Any  other  copy  for  service,  as  the  Taxing  Master  .shal 

think  pnjper,  not  exceeding,  per  folio 
Service  of  .same  upon  each  solicitor 
Attending  and  giving  inspection  of  documents  proposei 

to  be  admitted    ....... 

Or  per  hour . 

Perusing  plaintilf's  notice  to  admit 

The  like  notice  to  jn'oduce     ..... 

Attending   plaintilf's   solicitors,   inspecting    plaintitf: 

documents  proposed  to  be  admitted    . 

Or  i)er  hour 

Attending  to  examine  and  .sign  plaintiff's  admissions 
Fair  copy  defendant's  notice  to  inspect  and  admit  for 

(vdmission.s,  at  per  folio 


Lower  Scale. 
a     s.     il. 

Higher  Scale. 

JC      s.      ,'. 

0      0      0 

.     0    .-} 

4 

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.      0      0 

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0     0     2 


0     0     3 


0 

1 

0 

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0 

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0 

4 

0 

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4 

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0 

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8 

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8 

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t> 

4 

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8 

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0 

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0 

0 

4 

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0 

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G 

0 

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0 

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8 

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614  APPENDIX   III. 


Lower  Scale.    Hiuliei"  Scale. 


£     s.      d 

£     s. 

d. 

0     6     8 

0  13 

4 

0     0     8 

0     G 

8 

Attending  plaintiff's  solicitors  on  their  examining  and 
signing  defendant's  admissions  ..... 

Instructions  for  affidavit  of  defendant  verfying  liis  state- 
ment of  defence ........ 

(In  tlieliiglier  scale  the  Taxing  Master  may  increase 
the  amount  of  this  charge.) 

Drawing  same  folio         ,  at  per  folio       .         .         .         .010         010 

Instructions  for  affidavit  of  ,  verifying  certain  docu- 
ments and  correspondence  wliich  'were  not  admitted  . 

Drawing  same  folio      ,  at  per  folio         .... 

Attending  Mr.  with  same  to  settle  . 

Paid  fee  to  him  and  clerk       ...... 

Engrossing  affidavit  of  defendant,  verifying  his  statement 
of  defence,  at  per  folio         ....... 

Attending  deponent  to  he  sworn  to  same 

Paid  commissioner  taking  deponent's  oath     . 

Making  copy  of  this  aliidaA'it  to  he  marked  as  an  office 
copy,  at  per  folio 

Paid  tiling  affidavit 

Paid  for  office  copy,  at  per  folio      ..... 

Engrossing  affidavit  of  ,  verif3dng  certain  docu- 

ments and  correspondence,  at  per  folio 

Preparing  exhil)its,  eacli 

Attending  deponent  to  lie  sworn  to  same 

Paid  connnis.sioner  taking  deponent's  oath 

Paid  commissioner  marking  exhihits,  each 

Making  copy  of  this  aihdavit  to  be  marked  as  an  otlicc 
copy,  at  ]ier  folio 

Paid  tiling  affidavit         ....... 

Paid  for  office  copy,  at  per  folio      ..... 

If  tlie  affidavits  are  printed,  cliarge 

Making  copy  atiitlavits  for  the  printer,  at  per  folio  each  . 

Examining  and  correcting  proof,  at  per  folio  eacli  . 

Paid  printer's  charges  (minus  £      received  for  copies) 

Paid  tiling  each  affidavit  at    . 

Co])ies  of  same  to  be  marked  as  office  copies,  each  , 

Notice  of  filing  copy  and  service  of  these  aihdavits  on 
plaintiff's  solicitors 

Tlie  like  on  the  other  solicitors  each       .... 

Paid  for  print  of  coj)y  affidavits  filed  on  behalf  of  plain- 
tiff in  reply  folio      ,  at  folio  each        .... 

If  written,  paid  for  copies  of  same,  at  per  folio  each 

Perusing  same,  at  per  folio  each     ..... 

If  ag(-ncy,  close  copy,  at  per  folio  each   .... 

If  written,  close  cojiy,  at  per  folio  each  .... 

lirief  copy  thereof  for  counsel  folio     ,  at  per  folio  each  . 

If  written,  making  brief  tliereof  for  counsel,  at  i)er  folio 

Attending  Mr.  with  same  to  advise  as  to  further 

evidence  in  answer      ....... 

Paid  fee  to  him  and  clerk       ...... 

(Cliarge  for  any  affidavits  filed  by  defendants  in 
ans\v(!r  to  further  alUdavits  fded  on  behalf  of 
idainliff.) 


0 

6 

8 

0 

6 

8 

0 

1 

0 

0 

1 

0 

0 

G 

8 

0 

G 

8 

3 

5 

G 

3 

5 

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1 

0 

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1 

0 

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0 

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8 

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0 

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() 

0 

2 

0 

0 

2 

0 

0 

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0 

0 

4 

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1 

0 

0 

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8 

0 

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0 

1 

0 

0 

1 

0 

0 

1 

0 

0 

0 

4 

0 

0 

4 

0 

2 

0 

0 

2 

0 

0 

0 

2 

0 

0 

2 

0 

0 

4 

0 

0 

4 

0 

0 

2 

0 

0 

2 

0 

2 

0 

0 

2 

0 

0 

0 

2 

0 

0 

2 

0 

4 

0 

0 

4 

0 

0 

2 

G 

0 

2 

G 

0 

0 

1 

0 

0 

1 

0 

0 

4 

0 

0 

4 

0 

0 

4 

0 

0 

4 

0 

0 

2 

0 

0 

3 

0 

0 

4 

0 

0 

4 

0 

0 

2 

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0 

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4 

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0 

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8 

1 

3 

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1 

3 

G 

defendant's  dill  of  costs  JN  action  in  WlllCn  ISSUE  IS  JOINED.    015 


(Whon  evidence  is  taken  orally,  or  parties  liacl  re- 
eeivi'(l  notice  tobecros-t-oxaniined  on  tin- uviilcnco 
tlu'V  luul  lilcil  on  the  lu'arinL,'  fit  the  actiuii,  charge 
fur  at  tendances  made  upun  tliediU'L'rent  witm-sses. 
These  attendances  will  Ijc  accordinj^  to  circnm- 
stances  considered  l»y  the  Master  sva  instructions 
for  the  Lricf ) 
Preparinj,'  spa  duces  tecum  for  INIr. 
If  more  than  4  fulios,  for  each  folio  IjL'Vond  4 

Paid  sealin.t,'  s-ame 

Making' copy  of  same  for  service    ..... 

If  more  than  4  folios,  for  each  folio  beyond  4 

Service  of  same       ........ 

Preparing'  .spa  ad  test  for  Mr.  ,  and  others 

It"  more  than  4  folios,  for  each  folio  beyond  4 
Paid  sealini,',  not  exceeding  three  persons 

Making  cojiy  of  same  for  service 

1  f  more  than  4  folios,  for  each  folio  beyond  4 

Service  of  s;une . 

If  the  parties  who  are  subpccnaed  reside  l^ej'ond  two 
miles  from  the  solicitor's  place  of  l)usine.s.s,  serving 
same  for  each  mik;  beyond  two  miles  therefrom . 
If  the  spa  is  sent  to  an  agent  to  serve  s;imc,  charge 

writing  to  agent  with  same  for  sei-vice 
Wiiting  to  agent  with  his  chaiges  for  serving  copy  spa  . 
Paid  his  charges. 

Writing  to  Mr.  and  informing  him  that  his  attend- 

ance would  be  refpiired  in  Court  before  the        inst   . 
A  similar  fee  to  other  witnesses,  each  at         .         .         . 
Having  Ijcou  served  with  notice  for  the  defendant,  ]iro- 
duce  on  the  hearing  of  the  action  certain  documents 
iu  his  possession,  writing  and  informing  him  thereof . 


Lower  Scale. 

C     I.     it. 


Iliglicr  Haxle. 
il     I.     d. 


0 

fi 

8 

0 

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8 

0 

4 

(J 

1 

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0 

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0 

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0 

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0 

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0 

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0 

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0 

2 

0 

0 

2 

0 

0     3     G         0     3     G 


If  Action  Tried  Short. 

Attending  plaintiff's  solicitor,  giving  consent  to  set  doAm 
action  as  short    ........ 

Having  received  copy  minutes  of  decree  from  plaintiflf's 
.solicitor,  perusing  .same 

Or  at  per  folio 

Making  copy  of  iirojjoted  minutes  for  counsel  to  settle 
folio      ,  at  per  folio 

Attending  Mr.  with  .same  .... 

Paid  fee  to  him  and  clerk 

Cojiy  minutes  as  altered  and  settled  for  plaintiff's  solici- 
tor folio,  at  per  folio    ...... 

"Writing  him  with  same 

Subsequently  attending  ]daintiff's  solicitor  and  con- 
ferring with  him  as  to  the  alterations  in  the  miinites, 
and  tinally  settling  same 

Instructions  for  l)rief      ....... 

Drawing  brief,  at  per  folio  each 


0     G     8         0     0     8 


0     G 


0     1 


Lower  Scale. 
£     s.     d. 
0     0     4 
0     0     4 

Hiijher  Scale. 
£     s.    d. 
0     0     4 
0     0     4 

0     1 
0     0 
0     0 

0 

4 

0 
0 
0 

5     0 
0     4 
0     3 

0 

1 

0 

0 

5 

0 

0 

0 

4 

0 

0 

4 

0 

0 

2 

0 

0 

3 

0 

0 

4 

0 

0 

4 

0 

0 

2 

0 

0 

3 

0 

0 

4 

0 

0 

4 

CI 6  APPENDIX   III. 


Making  2  fair  copies  of  same,  at  per  folio  each 
Making  one  copy  of  writ  for  senior  counsel,  at  per  folio 
Making  2  copies  of  (amended)  statement  of  claim  (if 
amended  in  writing)  for  counsel,  at  per  folio  each 

Or  per  folio  each  at 

If  amendments  printed,  at  per  folio  each 

Making  2  copies  of  (amended)  statement  of  defence  if 

printed,  at  per  folio 002         003 

If  amended  in  writing,  inserting  amendments  in  each 

print 

Or  per  folio  each 

Making  2  copies  of  reply  for  counstl,  if  jaintod,  at  per 

folio  each 

If  written  at  per  folio  each     ...... 

Making   2  copies  of  joinder    of  issue    for   counsel,  if 

printed,  at  per  folio  each    . 
If  written,  at  per  i'dlio  each    ...... 

Making  2  copies  of  plaiutitf 's  notices  to  admit  and  pro- 
duce for  counsel,  at  per  folio  each       .         .         .         .004         004 

Making  2  copies  of  defendant's  notices  to  admit  and  pro- 
duce for  counsel,  at  per  folio  each        .         .         .         .004        004 

Making  2  copies  of  proposed  minutes  for  counsel,  at  per 

folio  each    .         .         .         , 004         004 

Making  copy  will  and  other  documents  and  correspond- 
ance  for  senior  counsel,  at  per  folio     .... 
Attending  Mr.  ,  Q.C,  Avith  same 

Paid  fee  to  him  and  clerk 

Attending  Mr.  .with  same 

Paid  fee  to  him  and  clerk 

Attending  Mr.  ,  Q.C,  appointing  consultation  . 

Paid  fee  to  him  and  clerk 

Attending  Mr.  ,  appointing  consultation  . 

Paid  fee  to  him  and  clerk 

Attending  consultation 

Attending  Court,  action  in  list  hut  not  reached 
Attending  Court  when  action  heard  and  order  made 

Or  according  to  circumstances 

(If  an  action  is  in  the  'Judge's  list  and  not  lieard, 
or  partly  heard  and  adjourned  till  next  Sitting 
or  Term,  charge) 
Attending  to  refresh  Mr.  ,  Q.C. 

Paid  fee  to  him  and  clerk 

Attending  to  refresh  Mr.  

I'aid  fee  to  him  and  clerk       ...... 

(When  witnesses  are  examined,  charge  for  further 
Lriei's  to  counsel  as  charged  in  plaintiff's  costs.) 
If  action  jiartly  heard,  chaige 

Attending  Mr.                ,  Q.C,  appointing  further  con- 
sultation      

Paid  fee  to  him  and  clerk       ...... 

Attending  Mr.  ,  appointing  further  consultation 

Paid  fee  to  him  and  clerk 

Attending  further  consultation 


0     0 

4 

0     0 

4 

0     6 

8 

0  13 

4 

7  12 

0 

7  12 

0 

0     6 

8 

0  13 

4 

5  10 

0 

5  10 

0 

0     6 

8 

0     6 

8 

2     .9 

6 

2     9 

6 

0     3 

4 

0     6 

8 

1     3 

6 

1     3 

6 

0  13 

4 

0  13 

4 

0  10 

0 

0  10 

0 

0  13 

4 

1     1 

0 

2     2 

0 

2     2 

0 

0 

6 

8 

0 

6 

8 

2 

4 

G 

2 

4 

C 

0 

3 

4 

0 

6 

S 

1 

3 

() 

1 

3 

G 

0     G 

8 

0     G 

8 

2    y 

G 

2     9 

G 

0     3 

4 

0     G 

8 

1     3 

6 

1     3 

G 

0  13 

4 

0  13 

4 

PRECEDENT   OF   PLAINTIFF'S   BILL   OF   COSTS   AFTER  DECREE.      617 


Close  copy  minutes  of  order,  at  per  folio 

Attending  settling  same ' 

Or  at  the  Taxing  Master's  discretion,  not  to  exceed 

Attending  passing  same 

Subse([uent  charges  for  drawing  bill  of  costs,  &c.,  see 
plaintiff's  Costs.  '       ' 


Lower  Scale. 

Higlier  Scale. 

£     s.     d. 

£      ».    d. 

0      0      4 

0      0      4 

0     G     8 

0  V.i     4 

1      1     0 

3     .3     0 

0     G     8 

0  13     4 

Lower  Scale. 

Higher  Scale. 

£     s.     d. 

£     s.      d. 

0     0     4 

0      0      4 

0     3     0 

0      G      8 

0     2     0 

0     3     0 

0     2     0 

0     2     0 

0     3     G 

0    4     G 

PLAINTIFFS'  AND  DEFENDANTS'  COSTS  AFTER  DECREE-PRELI- 
MINARY ENQUIRIES  AS  TO  NEXT-OF-KIN,  ADVERTISE- 
MENTS FOR  CREDITORS,  ETC.,  CERTIFICATE  AND  FURTHER 
CONSIDERATION,  AND  COSTS  OF  PARTIES  SERVED  WITH 
NOTICE  OF  DECREE. 

Plaintiff's  Costs  of  Action  after  Decree. 

Easter  Sittinys,  1878. 

1878,  April. 
Making  copy  decree  for  the  chief  clerk  fo.      at  per  folio 

Summons  to  proceed  thereon ^ 

Paid  sealing '     0 

]\Iaking  copy  summons  for  chambers      .... 

Copy  and  service  of  each  solicitor 

Attending  summons  when  directions  given  as  to  tlie 
parties  who  were  to  attend,  and  who  were  to  answer 
the  enquiries  and  advertisements  were  directed  to  be 

issued 

If  preliminary  enquiries  as  to  next  of  kin       .         .        '. 
Attending  at  Somerset  House  searching  for  and  bespeak- 
ing certificate  of  marriage  of  and  .068        008 
Paid  fur  search  and  copy  certificate         .         .         .         .037         037 

Attending  at  searcliing  for  and  bespeaking  certifi- 

cates of  births  or  Ijaptisms  of  and        '        and 

certificates  of  deaths  of  and  .         .     0  13     4        0  13     4 

Paid  for  search  and  coj^y  certificates       .         .         .         .072 

(When    certificates    are    obtained    from   Somerset 
House  the  Taxing  Master  only  allows  generally 
13.>;.  4(/,  for  searching  for  three  certificates,  except- 
ing the  solicitors  can  show  that  in  consequence  of 
not  being  able  to  obtain  exact  dates  of  marriages, 
baptisms  and  deatlis,  and  then  that  would  depend 
upon  the  time  occupied.) 
Attending  at  other  places  in  London  searching  for  certi- 
ficates of  marriages,  baptisms  and  deaths,  and  obtain- 
ing same      ......... 

(The  charge  for  this  will  depend  upon  the  number 
of  places  you  have  to  search,  and  the  distance  you 
have  to  go,)        . 


0 


Lower  Scale. 
£     s.      il. 

0    3     7 

H 

igher  Scale. 
£     s.      d. 

0     3     7 

0  3  6 
0     3     7 

0  3  6 
0     3     7 

0 

1 

0 

0 

1 

0 

0 

0 

4 

0 

0 

4 

0 

1 

0 

0 

1 

0 

0 

5 

0 

0 

5 

0 

0 

1 

() 

0 

1 

6 

0 

1 

0 

0 

1 

0 

CIS  APPENDIX  II r. 


Paid  for  searclies  and  certificates,  eacli  at 

AVriting  to  the  rector  of  for  certain  certificates 

of  marriages,  baptisms  or  deaths  of  and 

Paid  for  searches  and  certificates,  each  at         .         .         . 

On  receipt  of  chiims  attending  on  the  defendants  and 

conferring  Avith  them,  and  investigating  the  claims  and 

taking  their  instruction  thereon  .         •         .         .0134         110 

AVriting  to  the  rector  of  -.vith  post-otfice  orders 

for  his  charge  or  charges  for  same        .         .         ,         .036        036 
Paid  for  po^t-otfice  order         ...... 

Instructions  for  afiidavit  of  identifying  the  cer- 

tificates of  marriages   or  Ijaptisms   or   deatlis 

of  .         .         .       " 0     G     8         0     6     8 

(This  charge  under  special  circumstances  may  be 

allowed,  as  very  often  one  person  cannot  identily 

all  the  certificates.) 

Drawing  same  fo.  at  per  folio 

Engrossing  same  at  j^er  folio      .... 

Preparing  exhibits,  eacli    ..... 

Writing   to   Mr.  with   affidavit   accordingly, 

giving  him  full  directions  to  be  sworn  to  same  and 

inclosing  the  amount  of  commissioners'  fees 

Paid  commissioners  for  taking  deponent's  oath 

Paid  for  marking  exhibits,  each 

If  the  afiidavit  is  sworn  in  London,  instead  of  charging 

writing  to  the  deponent,  charge  ..... 

Attending  deponent  reading  over  afiidavit  and  attending 

with  him  before  a  commissioner  to  be  sworn  to  same     0     6     8         0     6 
INIaking  copy  of  this  affidavit  to  be  marked  as  an  office 
co})y,  at  per  folio         ....... 

Paid  tiling  affidavit 

Paid  for  office  copy,  at  per  folio 

Notice  of  filing  same  copy  and  service    .... 
The  like  on  other  solicitors  for  the  parties  entitled  to 

attend,  each  at 0     2     6         0     2     0 

(In  some  cases  there  is  a  great  difficulty  of  getting 
persons  who   conld  identify  the   certificates,  in 
such  cases  charge  for  the  necessary  attendances 
on  the  persons  who  can  prove  same.) 
Drawing  pedigree,  at  per  ring         .         .         .         .         .010         010 

(Sometimes  this  charge  Avill  be  alloAved  to  be  in- 
creased l)y  the  Judge.) 
Making  fair  copy  for  the  chief  clerk,  at  per  ring     .         .004         004 
Attending  adjourned  summons  before  the  chief  clerk  as 
to  the  enquiry  as  to  tlie  next  of  kin  when  he  gave 
directions  for  decree  to  be  served  on  parties  benefi- 
cially interested  ....... 

(If  the  chief  clerk  is  not  satisfied  with  the  evidence 
in  support  of  the  pedigree  charge  for  the  neces- 
sary  attendances  to   olAain  further  information 
respecting  same  and  also  for  further  evidence.) 
Drawing  notice  of  decree,  at  per  folio 
Endorsing  same,  at  per  folio  .... 


0 

0 

4 

0 

0 

4 

0 

2 

0 

0 

2 

0 

0 

0 

2 

0 

0 

2 

0 

4 

0 

0 

4 

0 

0     1     0 

0     1     0 

0     0     4 

0     0     4 

Lower  Scale. 

£,      8.       d. 

0     5     0 

Higher  Scale. 
M,     ».      ./. 
0     5     0 

0     3 

r, 

0 

3     G 

0     3 

G 

0 

3     G 

0     1 

0 

0 

1     0 

(J     1 

0 

0 

1     I) 

0     () 

4 

0 

0     4 

0     2 

G 

0 

2     G 

0     2 

0 

0 

2     0 

0     0 

4 

() 

0     4 

0     0 

■2 

0 

0     2 

0     G 

8 

0 

13     4 

1 

0     0 

0     G     8         0     G     8 


PRECEDENT   OF   PLAINHIFF's   BILL   OF   COSTS   AFTER   DECREE.     G19 


Service  thereof 

If  sent  to  ail  agent  in  the  country  c]iari,'e        '. 
Writinjr  to  ]\Ir.  with  same,  ancfwith  iii.-<tniction.s 

as  to  service  of  same   .... 

Writing  to  Mr.  with  his  charges  i'or  serving  same 

Paid  his  charges 

(The  same  charges  for  wiiting  to  other  agents.) 
Drawing  and  engrossing  aflidavit  of  service,  at  per  foliu 
Preparing  exhibit  .         .     '    . 
Making  copy  notice  to  e.\hil)it,  at  per  folio     .' 
Paul  commissioner  taking  (k-poncnt's  oatli  and  markiiu"' 

exhibit '"^ 

Paid  filing  aflidavit  ..'.".!"* 

Making  copy  to  be  marked  as  an  oliice  copy,  at  per  folio 
Paid  for  oliice  copy,  at  per  folio  . 
Preparing  advertisement  for  creditors  and  attending  to 
get  same  approved  and  signed  .  .  .  .  "  . 
Paid  stamjiing  .same  ....!.' 
Making  copies  of  same  for  insertion  together  fo! 

,  at  per  folio  each 

Attending  oliice  inserting  same       .        .         .        . 

Paid  for  insertion  and  coi)y  Gazette         •         .         ]         ! 

Attending  to  insert  same  in  other  papers,  eacii  at  ]         !  0     G     8 

Every  two  when  it  is  the  lower  scale      .         .         .         !     0     C     8 

Paid  for  insertions  and  copies  of  papers  ...'.' 

Paid  for  copy  aflidavit  of  defendant  C.  D.  and  account 

lo.  _  ,at  per  folio 004        004 

Perusing  same,  at  per  folio     .         .         .         .  0     0     4        0    0     4 

If  agency,  at  per  folio      .         .         .         .         [         '         ."     0     0     4         0     0     4 
Notice  ^  of  appointment  obtained  to  proceed  on  defen- 
dant's accounts,  copy  and  service  upon  his  solicitors   .040        040 
The  like  lor  every  notice  on  solicitors  after  the  lirst 

,  each ' 

Attending  plaintilf  going  through  account  and  taking 
down  his  observations  on  same  and  his  instructions  to 

oppose  certain  allowances 0G8        0134 

Paid   for   co])y   aflidavit  of  ,  iu  m]muTt    o*f 

claim  for  £        ,  folio         ,  at  per  folio 
Perusing  same,  hdio,        at  per  folio       .... 
If  agency  close  copy,  folio,         at  per  folio     . 

(Here  charge  for  any  affidavits  or  other  evidence  iii 

opposition  which  may  be  used.) 

Attending  before  chief  clerk  on  accounts  and  enquiries 

when  all  jiarties  were  found  to  have  been  served  with 

notice  of  decree,  and  taking  appointment  to  proceed 

on  accounts 

Term  fee  for  Easter '         '     0  15     0        0  15    0 

If  agency,  letters,  &c.     .         .         .         [        [        [        !     0     G     0        0     G     0 

,„^„    ,,  Trinitij  Sittinr/s,  18'8. 

18/8,  Ma]/. 

Paid  defendant's  solicitor  for  copy  affidavit   of  defen- 
dant as  to  real  estate,  folio,  at  per  folio     .         .004        004 


0     2     G         0     2     6 


0 

0 

4 

0 

0 

4 

0 

0 

4 

0 

0 

4 

0 

0 

4 

0 

0 

4 

Lower  Scale. 
£     s.     d. 
0     0     4 
0     0     4 
0     0     4 
0     0     4 

Higher  Scale. 
£     s.      d. 

0     0     4 
0     0     4 
0     0     4 
0     0     4 

0     0 
0     0 

4 
4 

0 
0 

0     4 
0     4 

620  APPENDIX   III. 


Perusing  same,  at  per  folio 

Paid  for  copy  account  fo.  at  per  folio    . 

Perusing  same  at  per  folio 

If  agency,  close  copy  at  per  folio 

Attending  junior  clerk  proceeding  on  accounts  when 
same  partly  proceeded  with 

Attending  further  appointment  when  accounts  settled  , 

Copy  draft  general  certificate,  at  per  folio       .         .         . 

Close  copy,  at  per  folio  .         .         .         .         .         .  *      . 

Attending  settling  draft  certificate  .... 

Attending  further  appointment  finally  settling  certificate 

Transcribing  same,  folio,  at  per  folio 

Paid  ad  valorum  fee  on  taking  accounts  (when  the 
amount  found  to  have  been  received  without  deduct- 
ing any  payment  shall  not  exceed  ^200)     .         .         .020         020 

Where  such  amount  shall  exceed  J200  for  every  £50  or 
fraction  of  £50 

Attending  to  sign  certificate 

Attending,  filing,  and  to  get  copy  marked  as  ofiice  copy 

Making  copy  to  be  marked  as  an  ofiice  copy^  at  per  folio 

Paid  for  ofiice  copy,  at  per  folio      ,         . 

Summons  to  vary  certificate  and  attending  at  Chambers 
to  get  same  sealed 

Paid  sealing 

Cojiy  summons  for  chambers 

The  like  for  service,  each  ..... 

Or  per  folio,  each 

Service  thereof  on  each  party  entitled  to  attend    . 

Attending  summons  to  vary  certificate ;  here  state  shortly 
the  result  of  the  application 

Sittings'  fee    ........         . 

If  agency,  letters,  &c 0 

Michaelmas  Sittings,  187  . 
187  ,  Novemher. 

Drawing  request  to  set  down  action  on  further  considera- 
tion     

Attending  to  set  same  down 

Paid  on  setting  down 

Notice  of  setting  down,  copy  and  service  on  defendant's 
solicitor 

The  like  on  solicitors  after  the  first  each     . 

If  an  action  heard  short  charge  for. 

Drawing  proposed  minutes  of  order,  at  per  folio     . 

Any  counsel  with  same  to  settle 

Paid  fee  to  him  and  clerk 

Making  copy  of  proposed  minutes  for  the  defendant's 
solicitor,  at  per  folio  .         .         .         .         .         .         . 

Attending  them  with  same 

Attending  them  afterwards  and  finally  settling  defen- 
dant's minutes  with  tliem 0     G     8         0     G 

(This  charge  can  be  increased  according  to  the 
length  of  the  attendance.) 


0 

0 

6 

0 

0 

6 

0 

G 

8 

0 

G 

8 

0 

G 

8 

0 

G 

8 

0 

0 

4 

0 

0 

4 

0 

0 

2 

0 

0 

2 

0 

G 

8 

0 

13 

4 

0 

2 

0 

I) 

3 

0 

0 

2 

0 

0 

2 

0 

0 

1 

0 

0 

2 

0 

0 

0 

4 

0 

0 

4 

0 

2 

G 

0 

2 

6 

0 

15 

0 

0 

15 

0 

0 

G 

0 

0 

G 

0 

0 

2 

G 

0 

2 

G 

0 

G 

8 

0 

6 

8 

1 

0 

0 

2 

0 

0 

0 

4 

0 

0 

4 

0 

0 

2 

G 

0 

2 

G 

0 

1 

0 

0 

1 

0 

0 

3 

4 

0 

6 

8 

1 

3 

G 

1 

3 

6 

0 

0 

4 

0 

0 

4 

0 

G 

8 

0 

6 

8 

0 

0 

4 

0 

0 

4 

0 

2 

0 

0 

2 

0 

0 

0 

4 

0 

0 

4 

0 

G 

8 

0 

6 

8 

0 

0 

4 

0 

0 

4 

0 

C) 

4 

0 

0 

4 

PRECEDENT   OF   PLAINTIFF'S   BILL   OF   COhiTS   AFTER   DECREE.     G21 

Lower  Scalo.    Iliglicr  Scalr. 
.€     s.      (?.  X,     s.     d. 

Tlic  like  on  each  of  tlio  solicitors  of  the  other  (h-fendants 

Making  copy'decrcc  and  certiJicate  for  Jmlge,  fulio,  at  per 
folio 

The  like  summons  to  vary  certiticatc      .... 
(If  this  is  directed  to  come  on  at  hearing.) 

Or  per  folio 

Attending  Judge's  secretary  Avith  pajiers 

Making  two  brief  copies  of  decree  folio  and  chief 

clerk's  certificate  folio         together,  folios  each 
for  counsel,  at  ])er  folio  each  copy       .... 

Copies  for  counsel,  including  copies  of  the  schedules  to 
chief  clerk's  certificate,  folio  at  per  folio  each    . 

(This  should  only  be  charged  "when  any  fpiestion 
arises  as  to  the  schedule  being  correct.) 

Drawing  observations  for  use  of  counsel,  on  hearing  on 
further  consideration,  folio  at  per  folio 

Two  fair  co]nes,  at  per  folio,  each  copy  .... 

Paid  fee  to  Mr  Q.C,  with  brief  on  further  consi- 
deration, and  clerk 

Attending  him 

Paid  consultation  fee  to  Mr.  Q.C,  on  further 
consideration,  and  clerk 

Attending  him 

Paid  fee  to  Mr.         on  further  consideration,  and  clerk 

Attending  him        ........ 

Paid  consultation  fee  to  Mr.  .... 

Attending  him 

Attending  consultation 

Drawing  observations  or  questions  to  be  argued  on  sum- 
mons to  vary  certificate,  relating  to  the  allowance  of 
items  in  the  account  folio  at  per  folio 

Fair  copies,  at  per  folio,  each  copy  .         •         .         . 

Fair  copies  of  the  account  to  enable  counsel  to  under- 
stand the  objections  to  certificate,  folio,  at  per 
folio  each 0    04'004 

Paid  fee  to  Mr.  Q.C,  with  lirief  on  summons  to 
vary  certificate,  and  clerk 

Attending  him 

Paid  fee  to  Mr.  ,  with  brief  on  summons  to  vary 
certificate,  and  clerk 

Attending  him        ........ 

Paid  consultation  fee  to  Mr.  Q-C,  on  summons 

to  vary,  .and  clerk        ....... 

Attending  him 

Paid  consultation  fee  to  Mr.  on  siunjuoas  to  vary, 

and  clerk     ......... 

Attending  him        ........ 

Attending  consultation 

Attending  court,  action  in  list  not  reached 

The  like  on  summons  to  vary  certificate 

The  like  this  day  certificate  not  A'aried  .... 
(This  attendance  will  depend  upon  what  decision 
may  make  as  to  the  costs  of  this  ajiplication.) 


0 

1 

0 

0 

1 

0 

0 

0 

4 

0 

0 

4 

5 

10 

0 

5 

10 

0 

0 

13 

4 

0 

13 

4 

2 

9 

6 

2 

9 

G 

0 

G 

8 

0 

G 

8 

3 

5 

G 

3 

5 

G 

0 

G 

8 

0 

6 

8 

1 

3 

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1 

3 

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3 

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0 

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8 

CI 

13 

4 

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4 

(.) 

t) 

4 

3 

5 

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3 

5 

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0 

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8 

0 

6 

8 

2 

4 

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2 

4 

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0 

G 

8 

0 

G 

8 

2 

9 

G 

2 

9 

6 

0 

G 

8 

0 

6 

8 

1 

3 

G 

1 

3 

G 

0 

3 

4 

0 

G 

8 

0 

13 

4 

0 

13 

4 

0 

10 

0 

0 

10 

0 

0 

G 

8 

0 

10 

0 

it 

er  Scale. 
s.     d. 

Higher  Scale. 
£     s.    d. 

0 

1 

13 
1 

4 
0 

1 

2 

1  0 

2  0 

0 

0 

G 
0 

8 
4 

0 
0 

6     8 
0     4 

0 
0 
0 

1 

4 
2 
(5 
1 

0 
G 

8 
0 

0 
() 
0 
3 

4     0 

2  6 
13     4 

3  0 

0 

6 

8 

0 

6 

8 

0 

10 

0 

1 

0 

0 

0 

6 

8 

0 

13 

4 

0 

0 

4 

0 

0 

4 

0 

0 

8 

0 

0 

.  8 

0 

4 

G 

0 

5 

6 

0 

4 

6 

0 

5 

6 

622  APPENDIX   III. 


Attending  court  action  heard,  and  order  on  further  con- 
sideration made 

Or  according  to  circumstances  not  to  exceed    . 

Attending  Registrar  with  brief  and  pajjers  bespeaking 
order  

Close  copy,  draft  order,  per  folio 

Notice  of  settling  minutes,  copy  and  service  on  defen- 
dant's solicitor    ........ 

The  like  i;pon  solicitors  after  the  fii'st,  each    . 

Attending  settling  order 

Or  at  Taxing  Master's  discretion  not  to  exceed 

Notice    of    passing   copy   and    service   on   defendant's 

solicitor 040         040 

The  like  on  solicitors  for  other  parties  who  are  entitled 
to  attend,  each 02G         0     26 

If  printed  to  the  solicitor  having  carriage  of  order  attend- 
ing to  examine  j^roof  . 

Paid  for  order 

Attending  passing  same . 

Making  copy  order  for  the  Taxing  Master,  at  per  folio  . 

Drawing  bill  of  costs  and   copy,  folio  ,  and  sum- 

mary folio  together  folios  ,  at  per  folio 

Warrant  on  leaving  copies  and  services,  each  at 

"Warrant  to  tax         coj)ies  and  services,  each  at 

(If  the  costs  have  to  be  paid  ont  of  fund  in  court 
copy  and  service  of  each  warrant  will  be  2.'?.  6d.) 

Attending  taxing  costs — at  per  25  folios  or  a  fractional 

.     part 068        068 

Paid  for  copy  of  costs  of,  parties  entitled   to   attend, 

each,  at  per  folio 0     04        004 

Attending  taking  same  at  per  25  fulios  or  a  fiactional 
part 

Transcribing  certificate 

Paid  stam])ing  same         . 

(If  costs  to  be  paid  out  of  fund  in  court  lca\e  out 
this  item.) 

Attending  to  file  same  and  bespeak  office  copy        , 

Paid  for  oifice  copy 

If  tlie  costs  are  to  be  paid  out  of  fund  in  Court  charge 
for       .         .        _ \ 

Attending  the  Registrar  bespeaking  direction  for  sale  of 

fund '.         .....     0     0     8         0     6     8 

Attending  the    Paymaster-General   with  direction    for 

sale  of  the  fund 0G8         0     68 

Attending  at  the  Paymaster  *Generars  bespeaking 
clieques  for  payment  to  creditors  or  parties  entitled  to 
tlie  residue  of  the  fund  of  iiayment  of  cdsts.         .         .068         068 

Attending  Mr.  and  identifying  him  on  his  re- 
ceiving lii.s  cherpic .068         068 

(Tlie  like  cliarges  for  other  creditors,  &c.,  but  if  they 
receive  their  cheques  on  the  same  day  tlie  charges 
according  to  the  number  may  be  increased.) 

Sittings' fee 0  15    0        0  15     0 


0 

6 

8 

0 

6 

8 

0 

2 

0 

0 

2 

0 

1 

0 

0 

0 

6 

8 

0 

6 

8 

0 

3 

0 

0 

3 

0 

riJECEDENT   OF   DEFENDANT'S   BILL   OF   Cu.STS   AFTER   DECREE.     023 

Lower  iSriilo.    Higher  Hcalc 
il      1.      <l.  iC      I.      </. 

It  agency,  letters,  tkc.      .         .         .         .         .         .         .     0     G    0        0     U    0 

Letters,  messengers,  &c 

Defendant's  costs  of  Action  after  Decree. 

Easter  Sittiiias,  lull. 

1877, 
AUendinj:;  summons  before  tlie  chief  clerk  to  proceeJ 

under  decree  ^vl^en  he  gave  directions  for  advertise- 
ment to  be  issued  fur  creditors  to  send  in  their  clients 

and    the  defendants,  the   trustees  were  to  Ijring   in 

their  accovuits 

(No    attendance    before  tlie    cliief  clerk    will   be 
allowed  uidess  certilied  by  him.) 
Several  attendances  on  the  defendants  and  conferring 

with  tlieni  as  to  the  accounts  which  they  would  liave 

to  carry  in 110         2     2     0 

Drawing  account  as  to  personal  estate  of  the  deceased, 

and  fair  coi)y,  at  per  folio    ...... 

Instructions  for  alUdavit  of  defendants  verifying  same   . 
(The  Taxing  Master  in  higher  scale  actions  may 
make  such  allowance  as  he  thinks  lit.) 

Drawing  same,  at  per  folio 

Engrossing  same 

Making  copy  account  to  be  marked  as  an  exhibit,  at 

per  iolio 

Marking  exhibits,  each 

Attending  deponent  to  be  sworn  to  same 

(If  deponents  cannot  be  sworn  at  the  same  time  and 
they  live  at  a  distance  this  may  be  increased.) 

Paid  oatli 

I'aid  exhibits,  each 

^Making  copy  of  this  aOidavit  to  be  marked  as  an  olhce 

copy,  folio  at  ]ier  folio        ..... 

Paid  tiling  allidavit 

Paid  for  oilice  copy,  at  per  folio 

Notice  of  tiling  same  and  copy  and  service  on  plainlilf's 

solicitors 0 

The  like  upon  solicitors  for  piirties  entitled  to  attend, 

each 

On   receipt   of  notice   of  claims  from  creditors, 

writing  to  Mr.  a  creditor  that  his  claim  would 

be  allowed  ......... 

The  like  to  creditors,  each  at        ...         . 

Notice  to  Mr.  a  creditor  that  his  claim  wuuld 

be  allowed  at  £        only 

The  like  to  creditors,  each  at       ...         . 

Notice  to  Mr.  a  creditor  informing  his  claim  was 

disputed  and  rcipiiring  him  to  prove  same  . 
The  like  to  creditors,  each  at         ...         . 

Paid  for  copy  aflidavit  of  in  su])poit  of  his  claim 

for  £         folio,  at  per  folio  ...... 

Perusing  same  at  per  folio     ..... 


0 

t) 

0 
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8 
8 

0 
0 

1 

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4 
8 

0 

0 

1 

0 

(1 
4 

0 
0 

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0 

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4 

0 
0 
0 

0 

1 

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4 
0 

8 

0 
0 
0 

0 

1 

G 

4 
0 

8 

0 
0 

1 
1 

G 
0 

u 

0 

1 
1 

G 
0 

0 
0 
0 

0 
2 

0 

4 
0 
2 

0 
0 
0 

0 
2 

0 

4 
0 
2 

0 

4 

0 

0 

4 

0 

0 

2 

G 

0 

2 

G 

0 
0 

3 

2 

G 
0 

0 
0 

3 
2 

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0 

0 
0 

3 
2 

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0 

0 
0 

3 
2 

(> 
0 

0 
0 

3 
2 

0 

0 
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2 

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0 
0 

0 

0 

4 

4 

0 
0 

0 
0 

4 
4 

624  APPENDIX  III. 

Lower  Scale.    Higher  Scale. 
£     s.      rf.  £     s.      d. 

If  agency,  close  copy,  at  per  folio  .        .        ...004        004 
"(The  like   charges  lor  other  affidavits  received  in 

snpport  of  claims.) 
(If  any  of  them  are  still  disputed  charge  for  any  aih- 
dav'its  in  opposition  and  attendances  on  the  defen- 
dants' and  plaintiffs'  solicitors  respecting  same.) 
(If  the   defendants    are    directed   to   answer   the 
enquiry  as  to  the  next  kin  insert  the  items  as 
charge' in  plaintifls'  bill  of  costs.) 
Attending  adjourned  summons  before  the  chief  clerk,  pro- 
ceedings on  account  and  enquiries  when  he  directed 

the  accounts  to  be  verified 

Attending  chief  clerk  ^Adlen  the  evidence  as  to  the  next- 
of-kin  was  completed  and  direction  given  for  notice  of 
decree  to  be  served  on  the  parties  benclicially  inte- 
rested .......••• 

(If  the  chief  clerk  is  not  satisfied  with  the  evidence 
in  support  of  pedigree  charge  for  further  attend- 
ances and  getting  up  further  evidence  in  support 
of  same.) 

Term  fee 0  15     0        0  1.5     0 

If  agency,  letters,  &c 0     6     0        0     6     0 

Trinity  Sittings,  1877. 

1877,  Mrtij. 
Drawing  account  as  to  real  estate  and  fair  copy  at  per 

folio    .         .         .         .         .         •         • 

Instructions  for  affidavit  in  supi)ort  of  account 

(In  the  higher  scale  the  Master  may  increase  this 
amnunt.) 
Drawing  same,  at  per  folio      ...... 

Engro,«sing  same,  at  per  folio  .         .         .         .         . 

Making  copy  account  to  be  marked  as  an  exhibit,  at  per 

folio    .         .         .         .         .         .         ... 

]\Iarking  exhibit 

Attending  deponent  to  be  sworn  to  same         .         .     _    . 
Paid  commissioner  taking  deponent's  oath  and  marking 

exhibit 0     2     0         0     2     0 

Making  copy  affidavit  to  1)6  marked  as  an  oflice  copy,  at 

per  folio      . 

Paid  filing  afiida\iL 

Paid  for  office  cojiy,  at  per  folio      ..... 
Attending   before' the  junior  clerk  vouching  accounts 

when  same  fully  proceeded  with 

Attending   further    appointment    when   accounts   were 

settled 

Paid  plaintiffs'  solicitor  for  copy  draft  general  certificate, 

at  per  Iblio  .         .    _ 

Close  copy,  at  per  folio 

Attending  settling  diaft  certificate.         .         .         .         . 
Attending   further  aiipointment  finally  settling  certifi- 
cate    .....••••• 
Attendhig  to  sign 


0 

0 

8 

0 

1 

4 

0 

0 

8 

0 

6 

8 

0 

1 

0 

0 

1 

0 

0 

0 

4 

0 

0 

4 

0 

0 

4 

0 

0 

4 

0 

1 

0 

0 

1 

0 

0 

6 

8 

0 

6 

8 

0 

0 

4 

0 

0 

4 

0 

2 

0 

0 

2 

0 

0 

0 

2 

0 

0 

2 

0 

0 

4 

0 

0 

4 

0 

0 

4 

0 

0 

4 

0     G     8         0     0     8 


I5IIJ.  OF  COSTS  or  PARTIES  si:iivi:i). 


G2: 


Atlendinj:;  plaiutilTa'  summons  to  vary  cerlilicato  wlicii 
same  tlirocted  to  come  with  hearing  on  further  cdu-i- 
deratiou       ......... 

Sittings  fee 

If  agency,  letters,  iS;c 


Lowur  Scale.    Iligfier  Scalu. 
f.     d.         jC     (.     d. 


0  l.'i     0 

0  15     0 

U     (3     U 

0     '",     0 

Michaelmas  Sittings,  1R77. 

For  drawing  brief,  settling  order,  and  for  taxation  of 
costs  (see  pages  G07,  608,  and  UOD). 


Costs  of  Parties  served  luith  Nolict  of  Decree. 
Trinity  Sittings,  1877. 

Instrnrtions  to  defend 00     8        0134 

(The  charges  for  instructions  according  to  circiun- 

stances  in  higher  scale  actions  may  be  increixsc- 1 

by  the  Taxiug-Master.) 
Drawing  petition  fur  liberty  to  attend  proceedings. 
Attending  to  present  and  for  order 

Paid  for  order 

Copy  of  same  for  the  chief  clerk,  at  per  folio 
Copy  for  service,  at  per  folio  each  .... 

Service  \ipon  each  solicitor 

Perusing  statements  of  complaint   .         .        .         . 

Or  per  folio 

If  agency  close  copy  at  per  folio,  if  printed  2d.  and 

3(/.  per  folio,  if  written  id  per  folio. 
Perusing  statement  of  defence        ..... 

Or  per  folio     ......... 

If  agency  close  copy  if  printed,  at  per  folio    . 

If  written  at  per  folio 

Paid  for  copies  of  affidavits  and  account^,  at  per  folio 

each 

Perusing  same,  at  per  folio  each 

If  agency  close  cop}',  at  per  foUo  each     .... 
(Charge   for  any   other    allidavits    and    necessary 

])apers  at  per  folio,  perusing  same  and  close  copies 

if  agency.) 
Attending  Ijefore  chief  clerk  proceeding  on  accounts 

Sittings  fee 0  IT)     0        0  IT.     0 

If  agency,  letters,  &c 0    G    0        0    G    O 


0 

4 

0 

0 

4 

0 

0 

G 

8 

0 

13 

4 

0 

3 

0 

0 

5 

0 

0 

0 

4 

0 

0 

4 

0 

0 

4 

0 

0 

4 

0 

•) 

G 

0 

2 

G 

0 

G 

8 

0 

13 

4 

0 

0 

4 

0 

0 

4 

0 

G 

8 

0 

13 

4 

0 

0 

4 

0 

0 

4 

0 

0 

2 

0 

0 

3 

u 

0 

4 

0 

0 

4 

0 

0 

4 

0 

0 

4 

0 

0 

4 

0 

(t 

4 

0 

0 

4 

0 

(» 

4 

Michaelmas  Sittings,  1877. 

(Charge   for  attendances  and   correspondence  and 

affidavits  which  may  bi'  made  on  behalf  of  party 

obtaining  the  order  to  attend  proceedings.) 

Attending  before  tlie  chief  clerk  jn-oceeding  on  accounts 

and  enquiries  when  same  adjourned   .... 

Attending  adjourned  before  the  chief  clerk  when  accounts 

and  enquiries  were  answered 


S  8 


C2G  ArpENDix  III. 


Lower  Scale.    Higher  Scale. 
£,     s.      d.  £     s.      d. 


Paid  for  copy  of  chief  clerk's  certificate  folios  at  per 

folio 

Close  copy 

Sittings  fee     . 

If  agency,  letters,  &c 0 

Hilarn  Sifting-'^,  1S78. 
Attending  settling  cliief  clerk's  certificate 

Attending  passing  same 

Attending  plaintiitV  or  defendants'  summons  to    vary 

the  chief  clerks'  certiiicate  when  same;  directed  to  come 

on  with  the  hearing  on  further  consideration       .     _    . 

For  drawing  brief,  settling  order,  and  for  taxation 

of  costs  (see  pages  607,  608,  and  609). 


0     0 

4 

0     0 

4 

0     0 

4 

0     0 

4 

0  15 

0 

0  15 

0 

0     6 

0 

0     6 

0 

0 

3 

0 

0 

6 

8 

0 

2 

0 

0 

3 

0 

0 

2 

0 

0 

2 

0 

0 

3 

6 

0 

4 

6 

PLAINTIFFS'   AND  DEFENDANTS'  COSTS   OF  SALE  UNDER 
THE   DIRECTION   OF  THE   JUDGE. 

Plaintiff's  Costs  of  Sale  under  Direction  of  Judge. 

Hilary  Sitting,  187  . 

Lower  Scale.    Higher  Scale. 
£     s.      d.  £     s.      d. 

Copy  order  or  further  consideration  dated  j  187  , 

for  chief  clerk,  folio         ,  at  per  folio         .         .         .004        004 

Summons  to  proceed  under  order  on  further  considera- 
tion   .......... 

Paid  sealing 0     2 

Copy  for  Chambers         .         .         .         .         .         .         .     "     ^ 

Copy  and  service  on  each  solicitor  entitled  to  attend 

Attending  summons  to  proceed  when  sale  directed,  and 
abstract  and  particulars  of  property  to  be  brought  in. 

Writing  auctioneers  in  reference  to  proposed  sale,  for 
the  purpose  of  learning  terms  upon  wduch  they  would 
undertake  sale,  and  for  appointment  to  see  them         .036         036 

Attending  auctioneers,  conferring  and  instructing  them 
to  view  the  property  and  report  .... 

Drawing  particulars  of  property,  folio  ,  at  per  folio 

]\Iaking  copy  for  auctioneers,  at  per  folio 

Attending  adjourned  appointment  before  chief  clerk, 
when  evidence  as  to  fitness  and  remuneration  of 
auctioneers,  to  be  brought  in. 

Instructions  for  aifidavit  of  j\Ir.  ,  auctioneer, 

as  to  lotting,  &c.         ....... 

DraAving  same,  folio  ,  at  per  folio    .... 

Engrossing,  at  per  folio 

Making  copy  of  the  particulars  of  the  property  for  ex- 
hibit, at  per  folio 004         004 


0     6     8 

0 

6     8 

0     1     0 

0 

1     0 

0     0     4 

0 

0  ~4 

0 

6 

8 

0 

6 

8 

0 

1 

0 

0 

1 

0 

0 

0 

4 

0 

0 

4 

COSTS   OF   SALE   UNDER   THE   DIRECTION   OF   THE   JUDGE.        027 


Lower  Scale. 
T-.  •  1  •!  •  1  £     s.     d. 

iTepanng  exhibits,  each        .        .        .        .         .        .010 

Attending  deponent  to  be  sworn 0     6     8 

Paid  oath OIG 

Paid  cxhilnts,  each         .         .         .         .         .         .         .010 

Paid  filing  affidavit 0     2     0 

Notice  of  filing  copy  and  service  to  defendant's  solicitor    0     4     0 
The  like  to  solicitor  after  the  first,  each  .         .         .020 

Making  copy  for  ottice  copy  and  paid  marking,  folio       , 

at  per  folio 0     0     0 

Attending  summons,  lotting  approved,  auctioneer's  re- 
muneration fixed,  and  abstract  referred  to  couvej-- 
ancing  counsel. 
Perusing,  examining,  and  correcting  posting  bill    .         .068 
Writing  auctioneers  thereon  and  returning  same   .         .030 
AttendingRegistrarforreference  to  conveyancing  counsel     0     0     8 
Perusing  old  abstracts  and  examining  them  Vvith  title 

deeds. 
Drawing  supplemental  abstract  of  title,  to  lot  1,  at  per 

foHo 0     10 

Fair  copy  of  same,  and  old  abstract        .         .         .         .004 
Paid  fee  to  Mr.  ,  the  conveyancing  counsel,  with 

abstracts,  to  advise  on  title,  and  clerk         .         .         .  16  10    0 

Attending  him 0     0     8 

Drawing  conditions  of  sale,  folio        ,  at  per  foUo  .         .010 
Paid  fee  to  ]\lr.  ,  to  settle,  and  clerk         .        .     .3    r)    (; 

Attending  him 0     0     8 

Making  copy  opinion  of  counsel  on  title,  at  per  foKo    .004 
Attending  appointing  conference  with  counsel  (Mr.         ) 

on  questions  raised  by  him  on  title    .         .         .         .034 

Paid  his  fee  and  clerk   .         .         .         .         .         .         ,16     0 

Attending  conference     .         .         .         .         .         .         .     0  13     4 

On  receipt  of  counsel's  queries  on  the  title  perusing  old 

abstracts  and  title   deeds,   to   enable  ns  to  answer 

i    counsel's  queries  on  title,  engaged  hours,  at  per 

bour  .         .         .         ._ 068 

Drawing  and  fair  copy  replies  to  counsel's  requisitions 

on  title,  at  per  folio 0     14 

Paid  fee  to  Mr.  ,  to  advise  further  on  title,  and 

clerk 2     4     (5 

Attending  him 0     6     8 

Paid  fee  to  jMr.  to  resettle  conditions  of  sale,  and 

clerk 240 

Attending  him 0    6     8 

Instructions  for  affidavit  of  Mr.  ,  auctioneer, 

as  to  value  of  property  and  reserved  biddings    .        .068 
Drawing  same,  folio        ,  at  per  folio    .         .         .         .010 

Engrossing,  at  per  folio 0     0    4 

Making  copy  of  valuation  for  reserved  bid  to  be  marked 

as  exhibit,  folio        ,  at  per  folio        .         .         .         .004 

Attending  deponent  to  be  sworn 0     0     8 

Preparing  exhibits,  each 0     10        i 

Paid  oath 0     16' 

Paid  exhibits,  each         . 0     10 

s  8  2 


Ilighcr  Scale. 

£  s.  d. 

0  1  0 

0  0  8 

0  1  G 

0  1  0 

0  2  0 

0  4  0 

0  2  0 

0  0  6 


0 

0 

8 

0 

3 

0 

0 

6 

8 

0 

1 

0 

0 

0 

4 

10 

10 

0 

0 

13 

4 

0 

1 

0 

3 

5 

0 

0 

0 

8 

0 

0 

4 

0 

0 

8 

1 

0 

0 

0 

13 

4 

0 

0 

8 

0 

1 

4 

2 

4 

0 

0 

6 

8 

2 

4 

6 

0 

0 

8 

0 

0 

8 

0 

1 

0 

0 

0 

4 

0 

0 

4 

0 

0 

8 

0 

1 

0 

0 

1 

6 

0 

1 

0 

jOW 

er  Scale. 

Higher  Scale. 

£ 

s.     d. 

£,     s.      d. 

0 

2     0 

0     2     0 

0 

4     0 

0     4     0 

0 

2     6 

0     2     6 

628  APrENDix  III. 


Paid  filing  affidavit 

Notice  of  tiling  copy  and  service  on  defendant's  solicitor 

The  like  upon  solicitors  after  the  first,  each  . 

Making  copy  for  ollice  copy,  and  paid  marking,  folio      , 

at  per  folio 006         006 

Making  copy,  particulars  and  conditions  of  sale  for  chief 

clerk,  folio         ,  at  per  folio 0     0     4         0     0    4 

Notice  of  appointment  before  chief  clerk  to  proceed  on 

directions  as  to  sale,  copy  and  service  on  defendant's 

solicitor      ......... 

Tlie  like  on  solicitors  after  the  first,  each 

Attending   before  chief  clerk,  settling  particulars  and 

conditions  of  sale. 
Copy  particulars  and  conditions  for  printer,  folio  , 

at  per  folio  ........ 

Attending  the  printer,  instructing  him  .... 

Revising  the  print,  folio         ,  at  per  folio 

Paid  the  printer's  charges. 

Preparing  advertisement  for  sale,  and  attending  to  get 

same  approved  and  signed  ...... 

Paid  si!:ruinLr 


0     4     0 

0     4     0 

0     2     6 

0     2     6 

0 
0 
0 

0 
6 
0 

4 
8 
2 

0  0 
0  6 
0     0 

4 
8 
2 

0 

6 

8 

0  13 

1  0 

4 
0 

0 

6 

8 

0     6 

8 

0 

0 

4 

0  0 
0     6 

4 
8 

March,  1879. 
Attending  to  insert  in  the  Gazette  ..... 
Paid  for  insertion  and  for  copy  Gay.ette. 
Copies  advertisements  for  London  papers,  at  per  folio   . 
Attending  to  insert  same  in  papers  other  than  Gazette, 

each  printer 

Or  every  two 0     6     8 

Paid  insertion  in 
Tlie  like  in 

Attending  chief  clerk   on   appointment,  reserved  bid- 
dings and  amount  of  security  for  deposits  fixed. 
Instructions  for  drawing  and  engrossing  recognisance  ; 

attending  settling,  and  paid  parchment 
Instructions  for  affidavit  of  two  sureties 
Drawing  same,  folio         ,  at  per  folio     . 
Engrossing,  at  per  folio  .... 
Attending  deponents  to  be  sworn  . 
Paid  oath,  each       ..... 

Paid  filing 

Notice  of  filing  copy  and  service  on   the 

solicitor      ...... 

The  like  upon  solicitors  after  the  first,  each 

Making  co])y  for  office  copy,  and  paid  marking,  folio       , 

at  per  folio 0     0     6         0     0     6 

Attending  auctioneer  and  sureties,  reading  over  and  on 

their  entering  into  recognizance 
Paid  commissioner,  each  name 

Sitting  fee 

If  agency,  letters,  &c 


.    1 

15 

0 

2 

12 

6 

.     0 

6 

8 

0 

6 

8 

.     0 

1 

0 

0 

1 

0 

.     0 

0 

4 

0 

0 

4 

.     0 

6 

8 

0 

6 

8 

.     0 

1 

6 

0 

1 

6 

.     0 

2 

0 

0 

2 

0 

etendant  s 

.     0 

4 

0 

0 

4 

0 

.     0 

2 

6 

0 

2 

6 

0  13 

4 

0  13 

4 

0  10 

0 

0  10 

0 

0  15 

0 

0  15 

0 

0     6 

0 

0     6 

0 

0 

6 

8 

0 

G 

8 

0 

1 

0 

0 

1 

0 

0 

0 

4 

0 

0 

4 

0 

1 

0 

0 

1 

0 

0 

6 

8 

0 

c 

8 

0 

1 

() 

0 

1 

G 

0 

1 

0 

0 

1 

0 

0 

2 

0 

0 

2 

u 

COSTS   OF   SALE   UNDER   THE   DIRECTION   OF   THE   JUDGE.        G29 

Easier  Si'ttinr/s,  1879. 

Lower  Scale.    Ilighcr  Scalf . 
£     s.     d.         £     s.     (/. 
Niuneroiig  attenrlanccs  in  London  on  parties  applying  for 

particulars  and  information  as  to  property  .         .     0  13     4         1     1     n 

Tlie  like  in  tlie  country. 

TJic  cluirges  for  the^e  depend  upon  the  number  of  at- 
tendances respecting  same,  each  attendance  and  gi\'ing 

information  at 0     G     8         0     0     8 

Attending  sale  at  ,  lot  1  sold  for  £  ,  and 

lot  2  for  £  ;  and  the  other  lots  remained  unsold     110         1     1     U 

Journey  to  attending  the  auction  -fthen  only  two 

lots  sold 3     3     0        3     3     0 

Paid  railway  fare  and  expenses. 
Instructions  for  allidavit  of  result  of  sale 
Drawing  same,  folio         ,  at  per  folio 
Engrossing,  at  per  folio  .... 

Preparing  exhibits,  each 
Attending  deponent  to  be  sworn     . 
Paid  oath        ...... 

Paid  exhibits,  each         .... 

Paid  filing  aUidavit         .... 

Making  copy  for  office  copy  and  paid  marking,',  at  per 

folio ^     .         .000         006 

Notice  of  filing  copy  and  service  on  the   defendant's 

solicitor      ...... 

The  like  to  solicitors  after  the  first,  each 
Copy  certificate  of  result  of  sale,  folio 
Close  copy      ...... 

Attending  settling  same. 

Oilers  having  bueu  made  for  the  purchase  of  the  un- 
sold lots,  attending  and  conferring  with  the  auctioneer 

as  to  whether  he  considered  the  amounts  offered  were 

sufficient 0     G     8         0     G 

Transcribing  certificate  of  result  of  sale,  folio  ,  at 

per  folio      ......... 

Attending  adjourned  summons  when  certificate  signed. 
Attending  to  file  certificate,  and  to  bespeak,  and  for 

office  copy ......... 

Making  copy  certificate  for  office  copy,  and  paid  marking 

folio  ,  at  per  folio 

Writing    auctioneers,    requesting    them    to    send    us 

a  cheque  for  payment  of  the  amount  of  deposits,  and 

which  had  to  l)e  paid  into  Court         .         .         .         .030         030 
Attending  Paymaster-General  l)espeaking  directions  to 

pay  in  £  amount  of  dejxisit,   and  attending  at 

Bank  (if  England  paying  in  same,  and  at  report 
Paid  for  office  copy  receipt,  at  ]ier  folio  .... 
"Where  the  sum  paid  in  amounts  to  ;£100       .         . 
"Where  the  sum  amounts  to  £1,000         .... 
And  where  the  sum  amounts  to  .£."),000 
Writing  auctioneers  acknowledging   receijit  of  cheque 

for   deposits  and  informing  them  the  amount  was 

paid  in 03G        03G 


, 

0 

4 

0 

0 

4 

0 

0 

2 

() 

0 

2 

0 

at 

]ier  folio 

0 

0 

4 

0 

0 

4 

,         , 

0 

0 

4 

0 

0 

4 

0     0 

4 

0 

0 

4 

0     0 

8 

0 

0 

8 

0     0 

8 

0 

G 

8 

0     0 

0 

0 

0 

G 

0 

13 

4 

0  13 

4 

0 

0 

6 

0     0 

0 

1 

> 

0 

1      I 

0 

1 

1 

0 

2     2 

0 

1 

1 

0 

3     3 

0 

G30  APPENDIX   III. 


Lower  Scale.    Higlier  Scale. 
£     s.      d.  £     s.      d. 


0 

G 

8 

0 

G 

8 

0 

6 

8 

0 

G 

8 

0 

1 

0 

0 

1 

0 

0 

0 

4 

0 

0 

4 

0 

3 

G 

0 

3 

6 

0 

5 

0 

0 

5 

0 

0 

0 

4 

0 

0 

4 

Charges  relating  to  lot  1 — 

Perusing  and  arranging  and  marking  out  abstract 

for  this  lot,  according  to  circumstances. 
The   fair  copy  laid  before   conveyancing   counsel 
should  be  used  for  purchaser  if  the  conveyancing 
counsel  has  not  Avritten  his  (|ueries  in  the  margin 
of  the  abstract,  but  if  he  has,  charge  for. 

Makincf    copy    abstract   for  purchaser,   lot   1,   at    per 

folio   .  .         .         .         .         .         ...         .004        004 

Writing  and  attending  purchaser  of  lot  1  therewith      .     0     3     G        0     3     G 

Writing  to  Mr.  ,  solicitor,  for  purchaser  of  lot  I , 

approving  of  time  named  for  cxaniiniiig  abstract        .     0     3     G         0     3     G 

Attending  ]\Ir.  ,  purchaser's  solicitor,  examining 

the  title  deeds  Avith  abstract,  at  per  hour   . 

Perusing  requisitions  on  title,  lot  1 

(If  the  requisitions  are  very  lengthy  this  charge  may 
be  increased.) 

Drawing  answers,  at  per  folio         ..... 

Co])y  thereof  and  of  requisitions,  at  per  folio 

Writing  Mr.                  ,  solicitor,  for  purchaser  of  lot  1, 
therewith 

Perusing  draft  conveyance  of  lot  1 ,  skins,  at  per 

skin  .......... 

Copy  to  keep,  folio         ,  at  per  folio       .... 

Perusals  and  copies  of  drafts,  deeds,  and  examination  of 
engrossments,  allowed  only  to  solicitors  wliose  clients 
are  parties  to  the  deeds,  and.  the  same  charges  are  not 
allowed  when  the  same  solicitor  acts  for  purchaser. 

AVriting  defendant's  solicitor  therewith  for  approval      .     0     3     G         0     3     G 

Attending  summons  for  leave  to  pay  in  purchase  money 
of  lot  1,  order  made    ....... 

Close  copy  of  the  order,  folio         ,  at  per  folio 

Attending  settling  order 

Attending  to  pass  ........ 

Attending  Mr.  ,  purchaser's  solicitor,  borrowing 

order,  and  subsequently  to  return  same 

Drawing  request  to  invest  purchase  money  of  lot  1 

Attending  bespeaking  investment  .... 

Perusing  further  requisitions. 

Drawing  and  copy  answers  involving  minute  investiga- 
tion of  title,  and  perusing  and  considering  documents 
in  action,  engaged  hours. 

Attending  i\Ir.  ,  purchaser's  solicitor,  lot  1,  dis- 
cussing matters  outstanding  on  title,  and  arranging 
same 068         068 

Perusing  alterations  made  in  draft  conveyance  by  de- 
fendant's solicitor  and  copying  same  .         .         .         .068         068 

Writing  to  Mr.  ^.       .      ,  purchaser's  solicitorj  returning 

draft  ap^n-oved 03G         036 

Having  received  engrossment,  examining   same,  with 

draft,  skins,  at  per  skin 0     3     4         0     3     4 

AVriting  defendant's  solicitor  therewith  for  examination 

and  clerk  attending  with  same 0    6    8        0    6    8 


0 

13 

4 

0  13 

4 

0 

0 

4 

0     0 

4 

0 

6 

8 

0  13 

4 

0 

6 

8 

0  13 

4 

0 

6 

8 

0     G 

8 

t) 

2 

6 

0     2 

6 

0 

6 

8 

0     6 

8 

0     G     8         0     0     8 


COSTS    OF    SALE    UNDER   THE    DIRECTION   OF   THE   JUDGE.         G31 

Lower  Scale.    Higher  Scale. 
Writint;  Uv.  ,  purcliasor's  solicitor,  agreeing  to     ^  ' 

^  appointment  made  to  coni])]ete  .         .         .         .''.030         030 
The  purcliaser's  solicitor  having  reqniied  niemorandiuu 
of  liis  client's  conveyance  to'  be  endorsed  on  two  of 
the  title  dt-eds,  perusing  notices,  and  endorsing  same 

accordingly OG80f'« 

Writing  to  the  plaintiff  making  appointment  for  him  to 

attend  and  execute  conveyance 0     3     6         0     3     0 

liie  Live  to  tlie  defendant's  solicitor       .         .         ,         .030         030 
Attending  plaintiff,  defendant's,  and  purchaser's  solici- 
tors, when  deed  executed  by  vendors,  and  arran<dn" 

as  to  completion °    ""     0     0     8         0     0     S 

Preparing  list  of  deeds  to  bedianded  to'purciiaser'of  htt 

1,  and  two  copies  thereof,  at  per  folio.         .         .  0     18         0     18 

Preparing  authority  to  deal  with  purchase-money  and 
fail-  copy  for  ]»urchaser's  signature      .... 
Attending  completion,  obtaining  signature  to  autliority 
to    deal   with   purchase-money,  handing  o\-er  deeds, 
and  obtaining  receipt  for  same    .         .         .         .  0  13     4         110 

Charges  relating  to  the  other  lots  are  similar  to  lot  1. 
(Perusing  and  arranging  and  marking  out  abstracts  for 

this  lot,  according  to  circumstances.) 
The  fair  copy  laid  before  conveyancing  counsel  should 
be  used,  li  the  conveyancing  counsel' have  not  written 
Ins  queries  in  the  margin  of  the  abstract,  and  if  he 
has,  charge  for. 

Making  copy  abstract  for  purchaser  of  lot    ,  at  per  folio     0     0     4        0     0     4 
Attending  the  auctioneers  when  they  informed  us  that 
Mr.  _  had  made  an  offer  of  £  for  lot 

and  informing  them  that  offer  would  be  accepted  on' 

a  provisional  contract  being  entered  into   .         .         .068         008 
Instructions  for  conditional  contract       .         .         .  0     0     8         0     0     8 

Drawing  same,  at  per  folio     .         .         .         .         '  010         010 

Makhig  copy  for  approval,  at  per  folio    .         .         '.         ]     o     o     4         0     0     4 
\\  ritmg  to  Mr.  ,  pnrchasei-'s  solicitor,  therewith     0     3     0         0     3     0 

Having  received  contract  altered,  perusing  and  ctmsider- 

]ng  same '      _         _         .008         008 

Engrossing  contract  in  duplicate,  at  per  folio" each'         !     0     0     8         0     0     8 

Paid  stamping  each  engrossment 0     0     0         0     0     0 

Writing  Mr.  ,  purchaser's  solicitor,  therewith  to 

be  signed 030         030 

Attending  jilaintiff,  obtaining  his  execution  of  the  con- 

tract   ••....,.  OOSOPR 

Having  received  one  part  of  contract  signed  by  pur- 
chaser, preparing  summons  to  confirm  conditional  con- 
tract  and  attending  at  chambers  to  get  same  sealed    .     0     0     8         0  13     4 

Paid  stamping  same 0     2     0         0     3     0 

Making  copy  ot  summons  to  leave  at  chambers  .  .020  020 
Copy  and  service  of  same  on  purchaser's  solicitor  .  ,030  040 
Copy  and  serAice  of  same  upon  the  solicitors  for  the  dc- 

lendants,  each 030040 

Instructions  for  affidavit  of  in  support  of  suiu- 
^°^^ 0     6     8         0     6     8 


632 


APPENDIX   III. 


Drawing  same,  folio        ,  at  per  folio    .        .        •        • 
Engrossiny  same,  at  per  folio  .         *         •         •         • 

Preparing'exhibits,  each 

Attending  deponent  to  be  sworn  to  same       ... 
Paid  commissioner  taking  deponent's  oath     . 
Paid  commissioner  marldng  exliibits,  each     .         .         • 
Making  copy  of  tliis  affidavit  to  be  marked  as  an  ollice 

copy,  at  per  folio 

Paid  filing  affidavit 

Paid  for  ofiice  copy,  at  per  folio      .        .         • 

Notice  of  filing  this  affidavit  and  copy  and  service  on 

the  purchaser's  solicitor      .      ,•         •   ,     ;         *, 
The  like  npon  tlie  solicitors  for  the  defendants,  eacli      . 
Attending  smnmons  to  confirm  contract  for  sale  ol  fot 

when  order  made         .         .      .  •         •      ,  *         ' . 
Close   copy  draft   order  approving  of  contract,  at  per 

folio •     .    •         •         •        ,' 

Notice  to  settle  same,  copy  and  service  on  purcliaser  s 

solicitor      .         .         •         '        -,'  ^     .*     a.  "     i    ' 

The  lilce  on  the  solicitors  for  the  defendant,  each  . 

Attending  before  the  registrar  settling  same  .        . 

Notice  to  pass  same,  copy  and  service  on  purchasers 
solicitor       .         .         •         •         •         •         • 

The  like  on  the  defendant's  solicitors,  each     . 

Paid  for  order 

Attending  passing  same  .         ;   ,     *,.       \-      '     ^    ' 

Attending  purchaser's  solicitor  and  lending  hini  order 
to  pay  m  his  purchase  moneys   .         '.','.' 

If  the  purchaser  is  satisfied  with  the  title  the  order 
anin'ovino-  of  contract  is  then  made  directing  the  pur- 
chaser t.i'pav  in  his  purchase-money,  and  m  that  case 
the  following  charge  would  have  to  be  made  by  the 
party  having  the  carriage  of  the  order        .         •         • 

Attending  before  the  registrar  and  settling  proof  ot 

order ,       '     r  w      '    f  r* 

]\Iaking  copy  abstract  for  purchaser  ot  lot      ,  loiio       , 

at  per  folio  .         .         •         •     ,.  "         '•,        '•,■,' 

Writiu"  and  attending  purchaser's  solicitor  therewitli  . 

(The  same  charges  as  for  lot  1,  nnless  the  letters 
and  attendances  there  charged  apphedto  both  lots 
Avhen  no  additional  charges  are  allowed  unless 
additional  trnnble  given  and  time  consumed,  the 
charges  should  be  increased  accordingly.) 

When  all  the  lots  are  not  sold  the  chief  clerk 
directs  another  advertisement  to  be  issued  lor 
the  sale  of  these  lf)ts  without  reserve,  charge  for 
drawing  particulars  and  conditions  ot  sale,  &c., 
and  as  to  attending  tlie  sale,  as  charged  in  pages 
628  and  629,  with  the  exception  of  attending 
the  chief  clerk  settling  the  reserved  bidding  and 
the  charges  for  the  auctioneer's  recognizance,  &c. 

Charge  for  completing  the  sale  of  these  lots  as 
charged  in  sale  of  lot  1. 


Lower  Scale. 

Higher  Scale. 

£     s. 

d. 

£ 

s.     d. 

0     1 

0 

0 

1     0 

0     0 

4 

0 

0-  4 

0     1 

0 

0 

1     0 

0     () 

8 

0 

6     8 

0     1 

{) 

0 

1     6 

0     1 

0 

0 

1     0 

0     0 

4 

0 

0     4 

0     2 

0 

0 

2     0 

0     0 

2 

0 

0     2 

'.     0     4 

0 

0 

4     0 

,     0     2 

6 

0 

2     6 

0     6     8         0  13     4 
0     0     4         0    0     4 


0 

4 

0 

0     4 

0 

0 

2 

6 

0     2 

6 

0 

G 

8 

0  13 

4 

0 

4 

0 

0     4 

0 

0 

2 

6 

0     2 

6 

0 

3 

0 

0     5 

0 

0 

6 

8 

0  13 

4 

0     6     8         0     6     8 


0     4 
3     4 


0     0     4 
0     6     8 


COSTS  OF  SALE  UNDER  TEE  DIRECTION  OF  THE  JUDGE.  633 

Lower  Scale.    Higher  Scale. 
.  £,     s.      d.         £,     s.      d. 

When  an  order  is  maue  for  the  sale  of  property  in 
some  cases  the  plaintiffs  or  defendants  liave  re- 
quested to  be  allowed  to  bid  for  some  of  the  lots, 
in  such  case  charge. 
Preparing  summons  for  A,  B.  to  be  at  liberty  to  bid  at 
the  sale  for  lot    or  lots     ,  and  attending  at  chambers 

to  get  same  sealed 

Paid  stamping  same 

Making  copy  of  same  for  the  chief  clerk 

Copy  and  service  of  same  on  defendant's  solicitors,  each 

Attending  summons  when  order  made  .... 

Close  copy  order,  folio         ,  at  per  folio 

Notice  to  settle  same  and  copy  and  service  on  defendant's 

solicitors 

The  like  to  the  other  solicitors,  each       .... 

Attending  settling  same 

Notice  to  pass  same  copy  and  service  on  defendant's 

solicitors 0 

The  like  to  the  other  solicitors 

Paid  for  order 

Attending  settling  same 

Making  copy  of  order  for  the  chief  clerk,  folio         ,  at 

per  folio 00    4        004 


0 

3 

0 

0 

G 

8 

0 

2 

0 

0 

3 

0 

0 

2 

0 

0 

2 

0 

0 

3 

G 

0 

4 

G 

0 

G 

8 

0 

13 

4 

0 

0 

4 

0 

0 

4 

0 

4 

0 

0 

4 

0 

0 

2 

G 

0 

2 

6 

0 

6 

8 

0 

13 

4 

0 

4 

0 

0 

4 

0 

0 

2 

6 

0 

2 

G 

0 

3 

0 

0 

o 

0 

0 

6 

8 

0 

13 

4 

0 

9 

2 

0 

9 

2 

1 

0 

0 

2 

0 

0 

0 

4 

0 

0 

4 

0 

0 

2 

c 

0 

2 

6 

General  Costs  of  Suit  after  Saks  are  Completed. 

Attending  at  the  Paymas^ter-General's  office  bespeaking 

certificate  of  fund  in  Court  and  afterwards  for  same  \     0     G     8        0     G 

Drawing  reqi;est  to  set  down  action  for  second  further 
consideration,  and  attending  setting  down. 

Paid  on  setting  down 

Notice  thereof,  copy  and  service  of  defendant's  solicitor 

The  like  upon  solicitors  after  the  first,  each  . 

If  action  heard  short,  cliarge  for  preparing  minutes, 
as  at  the  first  hearing  of  the  action,  see  page  G15. 

When  residuary  account  has  to  be  passed  add  the  ful- 
lowing  chai'ges. 

Instructions  for  and  drawing  residuary  account  of  tlie 
testator,  perusing  the  accounts  as  passed  and  preparing 
the  necessary  schedules  to  form  part  of  the  residuary 
account. 

The  charge  for  tliis  will  be  allowed  according  to  the 
time  occupied. 

Two  fair  copies  of  tlie  account  and  schedules  together, 

folios,  at  per  folio 0     0     4        0     0     4 

Attending  the  plaintilf  or  defendant,  explaining  the  ac- 
count and  obtaining  his  signature  to  original  and  du- 
plicate to  be  filed 0  13    4        0  13    4 


634 


APPENDIX   III. 


Lower  Scale.    Hi 
£,      s.      d. 


gher  Scale. 
£     s.      d. 


Attending  at  the  Inland  Kevenue  Office  to  pass-  same. 
The  charge  for  this  will  depend  npon  the  time  occu- 
i)ied  in  passing  same.  . 

Attending  again  at  Inland  Eevenue  Office,  producing 
certiticate,  account  was  finally  passed,  and  assessing 
the  duty  thereon,  and  explaining  it  would  he  carried 
to  Keceiver-General's  account,  and  ohtaunng  certih- 
cate  of  assessment      .         .         •         •         •         • 

Attending  Paymaster-General  with  certificate  ot  ass<'ss- 
ment,  ami  bespeaking  transfer  of  amount  ot  duty  to 
account  of  Receiver-General,  when  he  requested  an 
attidavit  verifying  the  amount  to  be  tiled    . 

Instructions  for'affi'davit  accordingly  _  . 

Drawing  same,  folio    _         ,  at  per-folio 

Engrossing,  at  per  folio 

Marking  exhibit     ....•••• 

Attending  deponent  to  be  sworn  to  same 

Paid  oath       .         .  ...••• 

Paid  exhibit  .         .  

Paid  tiling      .         .  '.-,'■,'        r  ^■      ' 

Making  copy  for  office,  and  paid  marking,  iolio  , 

at  per  folio  .         .         •         * .       ",-,      '    ,     li      / 

The  dutv  having  been  paid  to  rveceivcr-General,attena- 
ing  at  Inland  Eevenue  Office  obtaining  residuary  ac- 
count dulv  received  and  stamped        .         .         • 
(When  the  order  directs  the  chief  clerk  to  certity  pro- 
portion of  fund  in  Court  payable  to  difi'erent  parties, 

charge  for.)  ^  p    ,->  •  i 

Making'  copy  of  the  Order  on  second  further  considera- 
tion,°dated        June,  187     ,  for  chief  clerk,  folio         , 

at  per  folio t      A  i     ' 

Preparing  summons  to  proceed  under  Order  . 

Paid  stamping  same 

Copy  for  ehief  clerk       .         .         •  _       •         %  r    %     o" 
Iklaking  copy  for  service  and  service  upon  aelemtant  s 

solicitors •  i    i  a.  "    4.*.   '  i 

The  like  upon  each  other  solicitor  entitled  to  attend  . 
Attending  summons  when  chief  clerk  gave  du^ections  for 
plaintiff  and  defendant  only  to  attend  on  certiticate, 
and  directed  plaintiff  to  bring  in  a  copy  of  the  sche- 
dule and  statement  showing  persons  entitled  to  tlie 
fund,  with  amounts  payable  to  each,  together  with  an 
affidavit  verifving  the  statement. 
Making  copy  of  the  schedule  for  chief  clerks  certificate, 
folio°  ,  at  per  folio      .         •         -^     .   •         •     .    • 

Preparing  statement  and  making  calculations  showing 
division  of  the  fund,  from  to  18  • 

(The  allowance  for  this  has  to  be  certified  by  tlie 
chief  clerk.) 
Instructions  for  affidavit  verifyiug  statement . 
Drawing  same,  folio   _         ,  at  per  folio 
Engrossing,  at  per  folio  .         .         •         '  ^  ,.' 
Copy  of  tiie  statement  to  exhibit,  at  per  iolio 


0  13     4         0  13     4 


0  6     8 

0  6     8 

O  1 

0  0 

0  1 

0  6 

0  1 

0  1 


0     0     6 


0  0  4 

0  3  0 

0  2  0 

0  2  0 

0  3  6 

0  3  6 


0     0     4 


0  6  8 

0  1  0 

0  0  4 

0  0  4 


0  6  8 

0  6  8 

0  1  0 

0  0  4 


0     1 


0     6     8 


0-20         020 


0     0     6 


0     6     8         0  13     4 


0  0  4 

0  6  8 

0  3  0 

0  2  0 


0     0     4 


0  6     8 

0  10 

0  0    4 

0  0     4 


0 

0 

4 

0 

0 

() 

G 

8 

0 

G 

0 

G 

8 

0 

6 

COSTS  OF  SALE  UNDER  THE  DIRECTION  OF  THE  JUDGE.    G35 

Lower  iScalc.    lliglier  Scale. 
_-.,.,.  £     s.     rf.         £     s.     d. 

Preparing  exhibit 010        010 

Attending  to  deponent  to  be  sAvorn  to  same  .         .068        0     G     8 

Paid  commissioner  taking  deponent's  oatli  and  marking 

exliiljit ".026         026 

Paid  filing  affidavit 0     2     0        0     2     0 

Making  copy  for  office  copy,  and  paid  marking,  at  per  folio     0     0     6        0     0     6 

Attending  the  chief  clerk  ^vlien  he  approved  of  the 
statement,  and  directed  certificate  to  be  prepared, 
and  adjourning  same  to  the        day  of        ,188  . 

Paid  copy  cliief  clerk's  certificate,  folio         ,  at  per  folio     0     0     4        0    0    4 

Close  copy,  at  per  folio 004        004 

Attending  appointment  to  settle  chief  clerk's  certificate, 
and  same  settled  in  part  and  adjourned  to  the 

day  of  188     . 

Attending  adjourned  appointment  before  chief  clerk, 
Avlien  certificate  settled. 

Engrossing  certificate,  folio  ,  at  per  folio 

Attending  on  same  l)eing  signed    .... 

Attending  to  file  and  to  get  office  copy  marked 

Making  copy  for  office  copy,  and  paid  marking,  folio 
at  per  folio .'     0     0    6         0     U     6 

(When  any  creditors  have  to  be  paid  out  of  court,  charge.) 

Attending  the  Paymaster  bespeaking  chefjues  for  sums 

payable  to  creditors 068        068 

Preparing  notice  to  creditor  that  cheques  may  be  re- 
ceived, with  amount  due  for  principal,  interest,  and 
costs,  for  each  creditor        ...... 

Copy  and  service  thereof,  each       ... 

Attending  Taxing-Master,  certifying  that  action  not  pre- 
viously referred,  and  obtaining  reference    . 

Copy  Order  for  Taxing-I\[aster,  folio  ,  at  per  folio 

The  charge  of  -id.  per  folio  includes  the  amount 
paid  when  it  is  a  printed  order. 

Attending  Registrar  bespeaking  directions  for  sale  of 
£  £S  per  cent.  Annuities  standing  to  credit  of 

action,  "  Real  Estate  Account "  .         .    '    .         .         .068         0     „ 

Attending  the  Paymaster-General  bespeaking  the  sale  .068         06 

The  like  charges  for  sale  of  £  £3^  per  cent. 

standing  to  general  credit  of  cause     .         .         .         .01. 3     4         0134 

(The  like  charges  for  other  sales  directed  by  the  Order 
as  above.) 

Attending  the  Paymaster-General  when  he  found  that 
the  dividends  had  been  invested,  which  altered  the 
amount  of  stock  mentioned  in  the  Order,  and  rendered 
it  necessary  to  get  Order  altered.  Attending  Regis- 
trar accordingly  getting  necessary  alterations  made, 
and  at  the  entering  seat  to  get  Order  entered,  and 
subsequently  attending  Paymaster-General  with  Order 

^altei-ed 068         068 

Drawiiig  request  to  place  £  on  deposit,  and  at- 

tending Paymaster-General  therewith         .         .         .092        092 

Drawing  request  to  take  £  cash  off  deposit,  and 

attending  Paymaster-General  therewith     .         .         .092         092 


0 

1 

0 

0 

1 

0 

0 

2 

6 

0 

2 

6 

0 

6 

8 

0 

6 

8 

0 

0 

4 

0 

0 

4 

6 


g36  APPENDIX    III. 

Lower  Scale.    Higher  Scale. 
£     s.     d.         £     s.     d. 

Drawing  reciuest  to  carry  over  £  oaBh  to  account 

of  ,  and  attending   Paymaster-General  ^^     ^    ^    ^        0    9    2 

bespeak  cai-rying  over        .        •        •        •    ,,  *  . j  ; 
Drawing  request  to  cany  over  £  ,  and  attcnctin^ 


to  liespeak  carrying  over,  each    .         .         •         '        ,' 
)raAving   request  to  invest,  and  attending  to  bespeak 


0     9     2        0     9 


Drawing   request  to  invest,  and  auencui.g  tu   u^.i^.u^    092        09 
ASinTRegistrar  bespeaking  and  afterwards  to  obtain 

directions  to  transfer  £  consols  to  ',.; 

Attending  PajTuaster-General  with  same  and  bespeakmg    ^    ^    ^        ^     ^ 

transfer 


0     0     8         0     6 


(The  like  chaVges  are  allowed  for  obtaining  directions 
and  bespeaking  each  transfer,  carrying  over,  and  in- 
vestment respectively.)  .   . 

Attending  to  identify  plaintiff  on  his  receiving  £ 
cash  due  to  him .         .         •         *         ".  n    '  ^      V,^-..f* 

If  anv  party  receives  any  amount  out  of  Court  as  mort- 
rra4e  or  trustee  of  the  testator  and  lives  out  ot  Lon- 
don he  is  entitled  to  a  power  of  attorney,  lor  which 

charge.  r 

Attending    Paymaster-General    bespeaking    power    ot 

attorney  from  to  his  attorney  to  obtain  i>  q     G     8         0     C 

out  of  Court .         • 

^Uil^^  r"  therewith  fully  instructing  him 


AVritingto  Uierewitii  luiiy  msuutuu^  ....     ^     ^^     ^        ^     ^ 

0     G     8        0     6 


to  execute  same  .         •         •         •         *  •   •    ',    fi  ' 

Attending    at    the    Paymaster-General    receiving    tlic 


0     3     6         0     3 
0     G     8         0     6 


amount       .         .         •         '         •         '.      '        i      „ " 
Writing  to  therewith  and  requesting  an  ackno^\  - 

kdgment  of  the  amount     .         •         •     .    *         '      •   1 
Attending  the  Paymaster-General  bespeaking  transcript 

f)f  the  account    ..•••••' 

Paid  for  same 0  15     0        0  15 

Sittings  fee    . 0     6     0        0     6 

If  a^fency,  letters,  &c.    .         •       .'       /  ^      '        /    „v,,i 
Postages,  carriage,  and  transmission  of  documcn  s  and 

correspondence  not  hereto  charj^ed  wdl  be  allowed 

according  to  circumstances,  and  also  Avheu  the  work  to 

carry  out  the  Order  cannot  be  comph:ted  for  a  term 

or  two,  after  the  Taxing-Master's  certificate  is  issued, 

further  sittings  fees  wiU  be  allowed  in  anticipation. 


COSTS    01-    SALK    UNDER   THE    DIUECTIOX    Of   THK    JL'DGR.         (j.'{7 


Summary  of  llill. 


Pngo. 

1 
2 


Taxed  off. 
£    s. 
1      1 

0  5 

1  0 


Amount. 
£       J.      J. 
10     !)     G 
GO   10     G 

Tl     0     (J 
Taxed  off      1     G     0 


Paiil  ad  valorem  (but  this  is  not  to  be  added  when  costs 
are  ordered  to  be  paid  out  of  fund  in  Court) 


Gl)  11     0 


The  ad  valorem  foes  of  taxation  are — 

Wliere  amount  taxed  does  not  exceed  .£8 
Wiicre  the  amount  exceeds  £8,  for  every  ^2  addi- 
tional allowed  or  fractional  part 
Fieri  facias  are  now  i.ssued  a^'ainst  a  person  ordered  to 

pay  costs,  &c.,  instead  of  subpoenas. 
Paymaster-General's  charges  for  powers  of  attorney  as 

follows 

Power  of  attorney  for  capital  money  exceeding  j£20 
Power  of  attorney,  not  exceeding  i;20    .        ? 
Power  of  attorney  for  annual  dividend  or  interest 

upon  stock  and  securities 

Power  of  attorney  if  under  £3 
Power  of  attorney  for  a  single  ]-iayment 
Power  of  attorney  for  periodical  pavments  not  ex- 
ceeding £10  a  year      .         .         .'       . 
Power  of  attorney  to  be  executed  abroad       .        '. 


Lower  Scale. 
£     s.     d. 

Higlior  Scale. 
£     *.     J. 

0     2     0 

0     4     0 

0     0     G 

0      1      0 

0  13  3 

0  8  3 

0  8  3 

0  3  3 

0  4  3 

0  8  3 

0  3  2 


DEFENDANTS'  COSTS  OF  SALE  UNDER  DIRECTION  OF  JUDGE. 

Hilary  Sittings,  187     . 
187     ,  January. 
Attending  summons  to  proceed  when  sale  directed,  ainl 

abstract  and  particulars  of  property  to  be  brought  in 

by  the  plaintitf 'a  solicitors,  " 


C38 


APPENDIX   III. 


Attending  adjourned  appointment  before  cliief  clerk 
when  evidence  as  to  fitness  and  remuneration  of 
aiictioneers  to  be  brought  in. 

Paid  for  copy  affidavit  of  ,  folio 

Perusing,  at  per  folio     .         .    _    . 

If  agency,  close  copy,  at  per  folio  . 

Paid  for  copy  exhibits,  at  per  folio. 

Attending  summons,  lotting  approved,  auctioneer's  re- 
muneration fixed,  and  abstract  referred  to  con- 
veyancing counsel. 

If  the  defendant's  solicitor  has  the  conduct  of  sale,  charge 
for  perusing  old  abstracts,  drawing  abstracts,  see 
Bill  of  Plaintiff  relating  to  the  charges  as  to  comple- 
tion of  the  sales,  commencing  at  p. 

Attending  before  chief  clerk  settling  particulars  and 
conditions  of  sale. 

1879,  March. 

Attending  chief  clerk  on  appointment,  reserve  biddings 
and  amount  of  security  for  deposits  fixed. 

Paid  fur  copy  recognizance,  foUo  ,  at  per  folio 

Attending  chief  clerk  to  settle  recognizance.^ 

Paid  for  copy  affidavit  of  sureties,  at  per  folio 

Perusing 

If  agency,  close  copy 

Sittings  fee 

If  agency,  letters,  &c 


Lower  Scale.    Higher  Scale. 
£,     s.      d.  £     s.      d. 


,  at  per  folio 

0 

0 

4 

0 

0 

4 

0 

0 

4 

0 

0 

4 

^        , 

0 

0 

4 

0 

0 

4 

^        . 

0 

0 

4 

0 

0 

4 

0     0     4         0     0     4 


.     0     0 

4 

0     0 

4 

.     0     0 

4 

0     0 

4 

.     0     0 

4 

0     0 

4 

.     0  15 

0 

0  15 

0 

.     0     6 

0 

0     G 

0 

at 


Easter  Sittings,  1879. 

1879,  Ajml. 

Numerous  attendances  in  London  on  parties  applying 

for  particulars  and  information  as  to  property     . 
The  like  in  the  country  .         .         .     _    . 

Paid  for  copy  affidavit  of  result  of  .sale,  folio         ,  at  per 

folio  .         .         . 

Perusing  same,  at  per  folio 

If  agency,  close  copy,  at  per  folio  ..... 
Paid  for  copy  certificate  of  result  of  sale,  folio 

per  folio 

Close  copy 

Attending  settling  same. 

Attending  adjourned  summons  when  certificate  signed  .0     0     8 

Writing  to  Mr.  ,  plaintift''s  solicitor,  approving  of 

time  named  for  examining  abstract  of  title  deeds  in 

our  client's  possession _    . 

Attending  Mr.  ,  purchaser's  solicitor,  exanuning 

the  title  deeds  with  aljstracts,  ])er  hour       .         .       _  . 

Perusing  draft  conveyance  of  lot  1,         skins,  at  per  skin 

(This  is   allowed  to   solicitors  whose  clients   are 

parties  to  the  deeds.) 

Copy  to  keep,  folio        ,  at  per  folio      .... 


6 
13 

0 
0 
0 

0 
0 


13 
1 

0 
0 
0 

0 
0 


0     C 


0     3     G         0     3     6 


0     0     4         0     0     4 


COSTS   OF   SALE   UNDEJl   TUE   DIRECTION   OF   THE   JUDGE.        Go9 

Lower  Scale.    Iliglier  Scale 
,  £     s.      tl.  £     s.      il. 

Writing  plaintiff's  solicitor  therewith  approved  on  Lelialf 

of  defendant 0     3     0         0     3     (5 

Perufiing  alterations  niade    in    draft    conveyance    by 

])laintiff's  solicitor,  and  cn]>ying  same         .         .         .     0     G     8         0     0     8 
AVriting  to  the  jtlaintilf's  solicitor,  Mr.  ,  retuniing 

draft  a] )p roved  as  altered  , .030         030 

Having  received   engrossment,   examining  same  Avitli 

dralt,  skins,  at  per  skin 0     3     4         0     3     4 

Writing  Mr.  ,  plaintilf's  solicitor,  agreeing  to  aj)- 

]>ointnient  made  to  comidete       .         .       . .       . .         .     0     3    .0         0     3     0 

"Writing  to  the  defendant  making  appointment  for  him 

to  attend  and  execute  conveyance       .         .         .         .030         030 
Attending  defendant  obtaining  his  execution  of  the  con- 
veyance        0     0     S         0     0     8 

The  charges  relating  to  the  other  lots  will  be  similar  to 

lot  1. 
If  tlie  defendant  solicitoi-'s  client  is  a  party  to  this  deed 

the  same  charges  as  to  lot  1,  but  if  additional  trouble 

given  and  time  consimied,  the  charge  should  be  in- 
creased accordingly. 
General  costs  of  suit,  see  Plaintiff's  Bill. 
When  an  order  directs  the  chief  clerk  to  certify  propor- 
tion of  fund  in  Court  payable  to  different  parties, 

charge  as  follows— 
Attending  summons  when  chief  clerk  gave  directions 

for  plaintiff  and  defendant  only  to  attend  on  certiff- 

cate,  and  directed  plaintiff  to  bring  in  a  copy  of  the 

schedule  and  statement  showing  persons  entitled  to 

the  fund  with  amounts  payable  to  each,  together  with 

an  affidavit  verifying  the  statement. 
Paid  for  copy  statement,  folio  ,  at  per  folio  .         .004         004 

Paid  for  cojiy  affidavit  of  in  support,  folio  , 

at  jier  folio 

Perusing,  at  per  fulio 

If  agency,  close  copy,  at  per  folio  ..... 
Attending  the  chief  clerk  when  he  approved  of  the  state- 
ment, and  directed  certificate  to  be  prepared,    and 

adjourned  same  to  the  day  of  ,  188  . 

Paid  fur  copy  chief  clerk's  certificate,  folio  ,  at  per 

folio    .......... 

Close  copy 

Attending  appointment  to  settle  chief  clerk's  certificate, 

and  same  settled  in  part  and  adjourned  to  to 

proceed  further,  ailjourned  to  the        day  of        ,  188  . 
Attending  adjourned  a])poiutment  before  chief  clerk, 

when  certificate  settled. 
Attending  on  same  being  signed     .         .         .         .         .008         008 
Attending  to  identify  tlie  defendant  on   his  receiving 

£  ,  cash  due  to  him. 

Attending  Paymaster  bespeaking  power  of  attorney  from 

defendant  to  his  attorney  to  obtain  £  out  of 

f^''<^iii't 008         008 

Paid  for  power.     (See  p.  037). 


0 

0 

4 

0 

0 

4 

0 

0 

4 

0 

0 

4 

0 

0 

4 

0 

0 

4 

0     0     4 

0     0     4 

0     0     4 

0     0     4 

640  APPENDIX   III. 


Lower  Scale.    Higher  Scale. 
£     e.      d.  £     s.      d. 


"Writing  to  the  defendant  tlierewith,  fully  instructing  him 
to  execute  same,  and  requesting  him  to  go  to  a  soli- 
citor to  witness  the  execution 0    5    0        0    5    0 

Paid  the  solicitor's,  Mr.  ,  charges. 

Attending  obtaining  P.0.0.  for  the  amount,  and  ^\Titing 

to  him  therewith 036        036 

Attending  afterwards  receiving  the  amount  .  .  .068  068 
Writing  to  the  defendant  therewith  and  requesting  an 

acknowledgment  of  the  amount  .         .         .         .036         036 

Sittings  fee 0  15     0        0  15    0 

If  agency 060         060 

Drawing  bill  of  costs  and  copy,  folio  ,  at  per  folio     0     0     8         0     0     8 

*Warrant  on  leaving  same,  2  copies  and  service  .  .086  086 
^Warrant  to  take  same,  2  copies  and  service  .  .  .086  086 
Paid  for  copy  costs  of  defendant,  foKo         ,  at  per  folio    0    0    4        0    0    4 

Attending  taxing  same 

Sittings  fee 0  15     0        0  15     0 

If  agency,  letters,  &c 0     6     0        0     0     0 

When  an  order  cannot  be  properly  worked  out  after  the 
certificate  of  taxation  is  issued,  the  Taxmaster  will 
allow  an  extra  sittings  fee  or  two. 
Postages,   carriage   and  transmission,   and   also   corre- 
spondence not  charged 330         330 


COSTS  OF  PLAINTIFF  AND  DEFENDANT  AS  TO  INJUNCTION. 

Chancery  Division. — Plaintiff's  Costs  of  Injunction. 

By  the  Rules  ^vhich  came  in  force  on  the  6th  April,  1880,  lurits  of  injunction  are 
aholished  ;  an  injunction  is  noio  by  judgment  or  order,  which  has  the  same 
effect  as  a  lorit  of  injunction  formerly  had. 

Michaelmas  Sittings,  1879. 

Brief  for  counsel  for  leave  to  serve  notice  of  motion  for 

to-morrow  for  inj  miction  to  restrain  the  defendants    .068  0  10     0 

Paid  fee  to  him  and  clerk 136  136 

Attending  counsel  with  same      _ 034  068 

Attending  counsel  when  leave  given      .         .         .         .068  0  13    4 

Drawing  notice  of  motion,  folios  3  .         .         .         .030  030 

[Making  copy  for  service  on  defendant   .         .         .         .010  010 

Service  of  same  on  defendant's  solicitors        .         .         .050  050 
If  the  defendant  had  not  appeared  the  follo\\-ing  items 

to  be  inserted. 

Attending  at  defendant's  house  serving  notice       .         .050  050 

*  If  tlie  costs  are  to  be  paid  out  of  funds  in  Court  these  charges  will  only  be  5^'.  each. 


COSTS   AS   TO   AN    INJUNCTION.  G4X 

Paul  fur  each  mile  beyond  two  from  solicitor's  ofTice 

It  the  defeiulaut  is  residing  in  the  countrv,  writiii"  to 
aj^'ents  therewith         .         ,         .         .         .  ° 

Paid  liis  cliarges     ....'"' 

Writiii-,'  him  with  same  '.  *         '         ' 

Instructions  for  aftidavit  of  phuntilf  in  support  of  Lame 
(ilie  1  axing  Masters  have  in  their  discretion  to  in- 
crease this  lee  if  they  think  tit) 

Drawing  same,  folios  10         ..,*'' 

Attending  c(junsel  with  same  to  settle  .         "         * 

Paid  lee  to  him  and  clerk       ...'*' 

Instructions  for  affidavit  of  Mr.      '        .         .  ' 

Drawing  of  same,  folios  30     .         .         .*         '         '         ' 

Attending  counsel  with  same  to  settle  .*        .'         '         " 

1  aid  lee  to  him  and  clerk 

Engiossingaftidavitofplaiutiir,  folios  10       .* 

Preparing  two  exhibits '         ' 

Attending  deponent  to  be  sworn  to  same 
Paid  Commissioner  taking  deponent's  oath  and  mark- 
ing exhibits         .... 
Makin.r  copy  affidavit  to  be  marked  as  an  office  cJin'     '. 
Paid  tiling  affidavit        .... 

Paid  for  office  copy        .         , 

Engrossing  affidavits  of  Mr.  *       /folios' 30.' 
l^repanng  hve  exhibits  .... 
Attt-nding  deponent  to  be  sworn  to  same       .' 
Paul  Commissioner  taking  deponent's  oath  and  mark- 
ing' exhibits        .... 
Making  copy  of  same  to  be  niarked  as  an  office  copy      .' 

Paid  filing  affidavit i  J'      • 

Paid  for  office  copy 

Notice  of  filing  these  affidavi'ts  copy  and  service    .' 

Drawing  and  engrossing  affidavit  of  service  of  notice  of 

motion,  folios  5 

Making  copy  notice  to  exhibit,  folios  3  . 

Preparing  exhibit .'         '         ' 

Paid  Commissioner  taking  deponent's  oath  'and  iuark- 

ing  exhibit 
Making  copy  of  affida\it  to  be  marked  as  an'office  copy 
Paid  filing  affidavits       .... 
Paid  for  office  copy        ^        •.         .         . 
Instructions  for  brief  on  motion  for  injunction 
Drawing  same  for  counsel,  folios  10 
Making  two  briefs  of  same,  folios  10,  notice 'of  n'lotion 
3,  and  affidavits   in  support,  folios  40,  together  53 
lolios  each  for  counsel         . 
Making  three  brief  copies  of'exhi'bits  li.r  counsel,' folio's 

oU  each  .  ^      n 

The  like  two  copies  of  writ,  folia.  5  each,  for*  counsel  ."     0  '  ^     ^'  ^ 

Attending  Mr.           Q.C.,  with  same     .'      .         .              0     6  8  0  Ti  4 

Paid  fee  to  him  and  clerk       .         .                                          nil  o  •     f  m 

Attending  Mr.            with  same                         ."         '  '     u     ^  8  or  « 

Paid  lee  to  him  and  clerk      .         .         [        [        [  !     4     G  6  4     G  6 

T  T 


Lfiwer  Scale. 

Higher  Scale. 

Jt         S.         ,1. 

jC      s.      (/. 

.010 

0      1      0 

.     0     3     G 

0     3     G 

.     0     3     G 

0     3     6 

0     G     8 

0     6     8 

.     0  10     0 

0  10    0 

0     3     4 

0     6     8 

1     3     G 

1     3     6 

0     G     8 

0     6     8 

1   10     0 

1    10     0 

0     6     8 

0     6     8 

2     4     6 

2     4     6 

034 

0     3     4 

0     2     0 

0     2     0 

0     6     8 

0     6     8 

0     3     6 

0     3     6 

0     3     4 

034 

0     2     0 

0     2     0 

0     1     8 

0     1     8 

0  10     0 

0  10     0 

0     5     0 

0     5     0 

0     G     8 

0     6     8 

0     6     6 

0     6     6 

0  10     0 

0  10     0 

0     2     0 

0     2     0 

0     5     0 

0     5     0 

0     4     0 

0     4     0 

0     5     0 

0     5     0 

0     1     0 

0     1     0 

0     1     0 

0     1     0 

0     2     6 

0     2     6 

0     18 

0     1     8 

0     2     0 

0     2     0 

0     0  10 

0     0  10 

0  13     4 

1      1     0 

0  10     0 

0   10     0 

1   15     4         1   15     4 

0     0         10     0 
3     4         0     3     4 


642 


APPENDIX    III. 


Attending  Mr,  ,  Q.C.,  appointing  consultation 

Paid  fee  to  him  and  clerk      ..... 

Attending  ]\lr.  appointing  consultation 

Paid  fee  to  him  and  clerk       ..... 

Attending  consultation  ...... 

Attending  Court,  motion  heard  and  dismissed  with  costs 
Sittings  fee 


L(^\ver  Scale. 

Higher  Scale. 

£      s. 

(/. 

X,     s.      d. 

.     0     (> 

8 

0     G     8 

.     2     9 

6 

2     9     6 

.     0     3 

4 

0     3     4 

.     1     3 

6 

1     3     6 

.     0  13 

4 

0  13     4 

s     1     1 

0 

2     2     0 

.     0  15 

0 

0  15     0 

0 

3 

4 

() 

3 

4 

0 

10 

0 

0 

10 

0 

0 

13 

4 

0 

8 

0 

0 

5 

4 

0 

3 

4 

0     2     0 


16     8 


Defendant's  Costs  of  opposing  Motion  for  an  Injunction. 

Micliaelmas  Sittings,  1879. 
Decemher,  1879. 

Having  been  served  with  copy  notice  of  motion  for  to- 
morrow for  an  injunction  to  restrain  defendants,  paid 
for  copy  affidavit  of  plaintiff  in  support,  folios  10        . 

Perusing  same 

Paid  for  copy  affidavit  of  Mr.  ,  folios  30 

Perusing  same         ........ 

Instructions  for  brief      ....... 

iJrawing  same,  folios  8  . 

Making  two  brief  copies  of  same  for  counsel 

The  like  of  writ  of  summons,  folios  8  each 

The  like  of  notice  of  motion,  folios  3  eacli 

The  like  of  affidavit  filed  in  support  of  motion,  folios  40 
each   .......... 

The  like  of  certain  documents  referred  to  in  plaintiff's 
affidavits  in  support  of  motion,  folios  119  each  . 

Attending  Mr.  ,  Q.C.,  with  brief  and  papers  . 

Paid  fee  to  him  and  clerk       ...... 

Attending  Mr.  with  brief  and  papers     . 

Paid  fee  to  him  and  clerk       ...... 

Attending  Mr.  ,  Q.C.,  appointing  consultation 

Paid  fee  to  him  and  clerk 

Attending  Mr.  appointing  consultation 

Paid  fee  to  him  and  clerk      ...... 

Attending  consultation  ....... 

Attending  Court,  plaintiff's  motion  lieaid  and  dismissed 
with  costs   ......... 

Attending  the  Registrar  with  brief  and  papers,  and 
bespeaking  order         ....... 

1880,  January,  close  co])y  draft  order,  folios  6 

Notice  to  settle  same,  counsel  and  solicitor   . 

Sittings  fee 0  15     0 


3  19 

4 

3  19 

4 

0     6 

8 

0  13 

4 

7  12 

0 

7  12 

0 

0     6 

8 

0  13 

4 

5  10 

0 

5  10 

0 

0     6 

8 

0     6 

8 

2     9 

6 

2     9 

6 

0     3 

4 

0     6 

8 

1     3 

6 

1     3 

6 

0  13 

4 

0  13 

4 

110 


0 

6 

8 

0 

2 

0 

0 

4 

0 

Hilary  Sittings,  1880. 

Attending  settling  draft  order         .         .         .         . 

Notice  to  pass  same,  copy  and  service    . 

Paid  for  older         ....... 

AttiMiding  passing  same 

Making  cojty  order  for  the  Taxing  Master,  folios  5 
Attending  to  get  Master  in  rutatiun  marked  . 


.     0 

0 

8 

0  13 

.     0 

4 

0 

0     4 

.     0 

3 

0 

0     5 

.     0 

6 

8 

0  13 

.     0 

1 

8 

0     1 

.     0 

6 

8 

0     U 

DEFENDANT'.^    COSTS   OF   OPPOSLVG   MOTION   FOU   JNJUNOTIOK. 


043 


L02>y 


^'fwii!"A^i"  ^!r'*oo";V"'I^^''  ^""^«  20,  and  summary 
lohos  3,  together  23  folios  ...  "^ 

Warrant  on  leaving  same,  copy  and  service 
\\  arrant  to  taxing  same,  eoi.y'and  service 

Attending  taking  same 

Certificate  and  tianscril)ing 

Attending  to  lile  same  and  iK-speaking  office 

I'aid  for  ofcce  copy         .         . 

Sittings  fee     . 

In  this  action  the  plaintil'f  did  not  succeed  in  i/,'-ttin 
an  injunction,  and  lie  afterwards  served  the 
delendantwith  notice  of  discontinuance  of  same 
but  if  the  plaintiff  had  succeeded  in  his  apj.li.a 
tion  he  would  be  entitled  to  the  followin- 
cliarges: —  ^ 

Attending  Court  when  the  defendant's  counsel  applied 
to  the  Judge  for  the  motion  to  stand  over,  as  his 
c  lent  had  not  had  time  to  answer  the  idaintiff-g 
affidavits  m  consequence  of  only  being  served  the  day 

ad-omned    ''''^^  ''''*'''"  ""^  "'''*'''''  '^^^''  ''"*''*'''''  ""'""^ 

Paid'  for  copy  affida'vit  of  C.  D.  in  opposi'liun,  'folios  " 
at  per  folio  .         ,         _         /  ' 

Perusing  same,  per  folio         ". 

Instructions  for  affidavit  of  in  reply,  folios 

i)rawmg  same,  folios         ,  at  per  folio 

Attending  counsel  with  same  to  settle 

1  aid  fee  to  him  and  clerk       ,  •         .         . 

Making  copies  of  affidavits  filed  in  oppoJition,"  ioli J  * 
at  per  foho  each 

The  like  of  the  affidavits  filed  on  behalf  of  the  phuntiff 
m  reply,  folios  ,  at  per  folio         .  ^ 

I  he  like  ot  exhibits  therein  referred  to,  folios  '  at 
per  fofio      ...  ' 

Attending  Mr.  ,  Q.C.,  with  same     ."        "         '         " 

Paid  fee  to  him  and  clerk 

Attending  Mr.  with  same 

Paid  fee  to  him  and  clerk  '         "         '         ' 

"^^ on^"^  ^^"'  '  ^•^•'  ^PP^i^^'i"o  Authe'r  con"sulta: 

Paid  fee  to  him  and  clerk  

Attending  Mr.         a].r.ointing  furtiier  consultation'         .' 
I'aid  fee  to  him  and  clerk      . 

^  made"^  ^''"'*  '''''J°''™^^  ^"^^^^'^  "^  1«P"-  when'order 

Close  copy  draft  order,  folios '        ,'  at  per  folio 
Notice  to  settle  .same,  copy  and  ser\ice 
Attending  settling  same    "     .         .         '         " 
Paid  for  order        .        .         '.         '  ' 

Notice  to  pass  same,  cojiy  and  service 
Attending  passing  same '       .         .         ,        " 


Lower  Scale. 


1  3  0 

0     5  6 

0  5  6 

0  6  8 

1  2  0 
0  6  8 
0  3  0 
0  15  0 


Higher  S<"ale. 
JC     s.      d. 


1  3      0 

0  5      6 

0  5     6 

0  6     8 

1  2 
0  6 
0  3 


0 


0 
0  15     0 


0     6     8         0  13     4 


0  0  4 

0  0  4 

0  6  8 

0  0  4 

0  3  4 

1  3  6 


0     0  4 

0     6  8 

5  10  0 

0     6  8 
3*6 

0    6  8 

2     9  6 

0  3  4 

1  3  6 


0  6 

0  0 

0  4- 

0  6 

0  5 

0  4 

0  6 


0  0  4 

0  0  4 

0  6  8 

0  0  4 

0  6  8 

1  3  6 


0     0     4         0     0     4 
0     0     4         0     0     4 


0     0  4 

0  13  4 

5  10  0 

0     6  8 

3     5  6 


0     C     8         0  13     4 


8 
4 
0 
8 
0 
0 
8 

T  T  2 


0     6  8 

0     0  4 

0     4  0 

0  13  4 

0  10  0 

0     4  0 

0  13  4 


64-1 


APPENDIX    HI. 


Drawing  warning  of  order,  folios         ,  at  per  fulio 

Making  copies  of  notice  and  order  for  service,  at 
per  folio     . 0 

Service  of  same  on  defendants 

Tlie  lilve  on  defendants'  agents       ..... 

If  it  is  served  beyond  two  miles  from  the  nearest  place 
of  business  or  office  of  the  solicitor,  for  each  mile 
beyond  such  two  miles  therefrom,  charge  for  each  mile 

Similar  charges  for  drawing  bill  of  costs,  &c.,  as 
charged  at  p.  G43. 


jower  Scale. 

£       .s'.       d. 

0     1     0 

Highe 
£, 

0 

rSc 
s. 
1 

ile. 
d. 

0 

0  0  4 
0  o  0 
0     5     0 

0 
0 
0 

0 
5 
5 

4 

0 
0 

0     10         0     10 


PLAINTIFF'S  COSTS  OF  MOTION  FOR  AND  APPOINTMENT  OF 

RECEIVER. 

Michaelmas  SUti)igs,  1879. 

Costs  of  plaintiff's  and  defendants  on  appointment  of  Receiver,  u-hen  the  appoint- 
ment v:as  adjourned  to  Chambers;  costs  of  plaintiff  and  defendants  ivhen 
Receiver  was  appointed  htj  the  Court,  but  subject  to  fiis  giving  security  in 
Chambers :  costs  of  passing  Receiver's  accounts. 

Drawing  notice  of  motion  for  the  appointment  of  Mr. 
as  receiver  to  receive  the  rents  of  testator'; 

estates  and  to  collect  and  get  in  the  outstanding  assets 
Or  per  folio    ........ 

Copy  for  service  thereof  upon  the  defendants'  solicitors 

at  per  folio,  each         ...... 

Service  thereof,  each      ...... 

Instructions  for  affidavit  of        giving  particulars  of  th 

estates  and  assets         ...... 

Drawing  same,  folios  ,  at  per  folio  . 

Engrossing  same,  at  per  folio  .... 

If  any  exhibits,  charge  preparing  exhibits,  each  at 
Attending  deponent  to  be  sworn  to  same 
Paid  Commissioner  taking  deponent's  oath    . 
Paid  him  marking  exhibits,  each    .... 

Paid  tiling  affidavit         ...... 

Making  copy  of  same  to  be  marked  as  an  office  copy,  at 

per  folio     ........ 

Paid  for  office  copy,  at  per  folio      .... 

Instructions  for  affidavits  of  fitness  of  the   proposed 

Receiver     ........ 

Drawing  same,  folios        ,  at  per  folio   . 
Engrossing  same,  at  per  folio  .... 

Attending  deponent  to  be  sworn  to  same 

Paid  Commissioner  taking  deponent's  oath     . 

Making  copy  affidavit  to  be  marked  as  an  office  copy 

at  per  folio  ....... 

Paid  filinjj  affidavit 


0 

2 

0 

0 

5 

0 

0 

1 

0 

0 

1 

0 

0 

0 

4 

0 

0 

4 

0 

2 

6 

0 

2 

6 

0 

6 

8 

0 

6 

8 

0 

1 

0 

0 

1 

0 

0 

0 

4 

0 

0 

4 

0 

1 

0 

0 

1 

0 

0 

6 

8 

0 

6 

8 

0 

1 

(i 

0 

1 

6 

0 

1 

0 

0 

1 

0 

0 

2 

0 

0 

2 

0 

0 

0 

4 

0 

0 

4 

0 

0 

2 

0 

0 

2 

0 

fi 

8 

0 

6 

8 

0 

1 

0 

0 

1 

0 

0 

(1 

4 

0 

0 

4 

0 

G 

8 

0 

6 

8 

0 

1 

G 

0 

1 

6 

0 

0 

4 

0 

0 

4 

0 

•2 

0 

0 

2 

0 

0 

6 

8 

0 

6 

8 

0 

1 

0 

0 

1 

0 

() 

0 

4 

0 

0 

4 

0 

6 

8 

0 

6 

8 

0 

1 

6 

0 

1 

6 

0 

0 

4 

0 

0 

4 

0 

2 

0 

0 

2 

0 

0 

0 

2 

0 

0 

2 

0     0 

4 

0 

0 

4 

0     0 

4 

0 

0 

4 

0     0 

4 

0 

0 

4 

plaintiff's   costs   of  motion  for  ArrOINTMENT  OF  RECEIVER.    6-45 

Lower  Scale.    Iligher  Scalf. 
£     5.      d.  £     s.    rf. 

Paid  for  office  copy,  at  per  folio 0    0     2        0     0     2 

(It  may  be  necessary  to  have  two  or  tlnei'  aftiilavits 
of  fitness,  particularly  if  the  proposals  be  con- 
tested.) 
Instructions  for  affidavit  of  proposed  Receiver  as  to  his 

willingness  to  act  as  a  Receiver  ..... 
Drawing  same,  folios  ,  at  per  folio  .... 

Engrossing  same,  folios  ,  at  per  folio 

Att^^'uding  deponent  to  be  sworn  to  same 
Paid  Commissioner  taking  deponent's  oath    . 
Making  copy  aflidavit  to  l)e  marked  as  an  office  cojiy, 

at  per  folio  ........ 

Paid  tiling  affidavit         ....... 

Paid  for  office  copy,  at  per  folio     ..... 

Notice  of  fding  these  affidavits,  copy  and  service  on 

solicitors  for  defendants 0     40         040 

The   like   on  the   solicitors  for  the  other  defendants, 

each 026        026 

If  any  affidavit  is  filed  in  opposition,  charge  : — 
Paid  for  office  copy,  affidavit  of         ,  at  per  folio  , 
Perusing  same,  at  per  folio     ..... 
If  agency,  close  copy,  at  per  folio  .... 
If  any  affidavits  filed  in  reply  charge  for  same. 
Drawing  brief  for  counsel  in  support  of  motion,  at  per 

folio 010        010 

Making  copy   thereof,  folios  ,  notice  of  motion, 

folios        ,  affidavits  in  support  of  motion,  folios        , 

and  affidavits  in  opposition,  folios        ,  together  folios 

for  counsel,  at  per  folio         .         .         .         .         .004         004 
Making  copy  of  writ  of  summons  for  counsel,  at  per 

folio 

Copy  statement  of  claim,  if  printed        .... 

If  written       ......... 

Attending  Mr.  with  same        ..... 

Paid  fee  to  him  and  ( lerk       ...... 

Attending  apjjointing  conference  with  counsel 

Paid  conference  to  him  and  clerk 

Attending  conference     ....... 

(If   two    counsel   are   briefed   charge  for   making 
another  copy  for  consultation  and  consultation 
fee.) 
Attending  Court,  motion  brought  on  and  an  order  made 

directing  a  Receiver  to  be  aitpointed  at  Chambers  . 
Or  according  to  circumstances  ..... 
Attending  Registrar  with  brief  and  papt'rs  and  l)espeak- 

ing  draft  order . 

Close  copy  draft  order,  folios         ,  at  per  folio 

Notice  to  settle  same  copy  and  service  on  solicitors  for 

defendant  ......... 

The  like  on  the  solicitors  for  the  other  defendants,  each 

Attending  settling  same 

Or  at  Taxing  Master's  discretion  not  to  exceed 

Notice  to  pass  same  CO] ly  and  service     .... 


0 

0 

4 

0 

0 

4 

0 

0 

2 

0 

0 

3 

0 

0 

4 

0 

0 

4 

{) 

6 

8 

0 

6 

8 

3 

5 

6 

3 

5 

6 

0 

.3 

4 

0 

6 

8 

1 

6 

0 

1 

6 

() 

0 

13 

4 

0 

13 

4 

0 

13 

4 

0 

13 

4 

1 

1 

(t 

2 

2 

0 

0 

(•) 

8 

0 

6 

8 

0 

0 

4 

0 

0 

4 

0 

4 

0 

0 

4 

0 

0 

2 

6 

0 

2 

6 

0 

6 

8 

0 

13 

4 

1 

1 

0 

3 

3 

0 

0 

4 

(1 

0 

4 

0 

Lower  Scale. 
£     J.      ,1. 
0     2     6 
0     3     0 
0     6     8 

Higher  Scale. 

£       S.       ll. 

0     2     6 
0     5     0 
0  13     4 

0 

0 

4 

0     0     4 

0 
0 
0 
0 

3 

2 

2 
3 

0 
0 
0 
6 

0     6     8 
0     3     0 
0     2     0. 
0     4     6 

0     6     8         0  13     4 

0     0     4         0     0     4 

0     0     4         0     0     4 


646  APPENDIX   III. 


The  like  on  the  solicitors  for  the  other  defendants,  each 

Paid  for  order 

Attending  passing  same  .         .         .         •        « 

Making  copy  of  same  for  the  chief  clerk,  folios  ,  at 

per  folio • 

Preparing  summons  to  proceed  thereon  and  attending 
at  Chambers  to  get  same  sealed  .... 

Paid  stamping  same 

Making  copy  for  Chambers   .         .         . 
Copy  and  service  on  same  on  each  solicitor    . 
Attending  summons  to  proceed  on  order  when  on  one 
of  the  defendants  proposing  Mr.  as  Receiver  the 

chief  clerk  adjourned  the  appointment  and  directed 
the  evidence  in  support  of  same  to  be  filed  within 
days  of  the  adjourned  appointment     . 
Paid  for  copy  athdavit  of  filed  in  support  of  the 

defendant's  proposed  Receiver,  folios        ,  at  per  folio     0     0     4         0     0 
Perusing  same,  at  per  folio     .         .         .         .         .         .004         00 

If  agency,  close  copy,  at  per  folio  ,         .'      .         .         .004         00 
If  plaintiff  file   further   atfidavits   in   support  of   his 

proposed  Receiver  charge  for  same,  folios    ,  at  per  folio     0     0     4         0     0 
Attending  the  adjourned  appointment  when  the  chief 
clerk  appointed  Mr.  the  plaintift"'s  or  defendant's 

nominee  as  Receiver  upon  security  being  given  . 
Close  copy  order,  folios         ,  at  per  folio 
If  the  plaintiff  has  succeeded  in  getting  his  nominee 

appointed  charge 

Notice  to  settle  order  copy  and  service  on  solicitor  for 

defendant 

The  like  on  the  solicitors  for  the  other  defendants,  each 

Attending  settling  same 

Or  at  the  Taxing  Master's  discretion  not  to  exceed 
Examining  and  correcting  proof  of  order 
Paid  for  order        .         .         .         .       _  •         •         •  _  _     • 
Notice  to  pass  same  copy  and  service  of  same  on  solicitor 

for  defendant 

The  like  on  the  solicitors  for  the  other  defendants,  each 
Attending  passing  same         .         .         .         .  _      . 
Copy  plain  print  of  order  for  Chambers,  folios  , 

at  per  folio • 

Preparing  summons  to  proceed  thereon  and  attending 
at  Chambers  to  get  same  sealed.  .... 

Paid  stamping  same 

Making  copy  to  leave  at  Chambers         . 
Copy  and  service  of  same  on  each  solicitor     . 
Attending    summons   Avhen   chief    clerk  directed   Re- 
ceiver to  enter  into  recognizance         .         .         .         .068         0  13 
If  defendant's  nominee  appointed 

Paid  for  coi>y  recognizance,  at  per  folio  .         .         .004         00 

Paid  for  copy  affidavits  of  Receiver's  sureties,  folio; 
at  per  folio         .         .         . 

Perusing  same,  at  per  folio 

If  agency,  close  copy,  at  per  folio 0     0     4        0     0 


0 

6 

8 

0  13 

0 

0 

4 

0     0 

0 

4 

0 

0     4 

0 

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0     2 

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0  13 

1 

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3     3 

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0     6 

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0     5 

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0     4 

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0     2 

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0     0     4         0     0 
0     0     4         0     0 


Liiwcr  .Scalo. 

lli-liur  .Scale. 

JC 

J(. 

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i. 

d. 

0 

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I'LAlNTlFF'a   COSTS   OF   MOTION  FOK  Ari'OINTMENT  OF  RECEIVER.    G47 


Atteiuliii"  adjourned  summons  when  adjourned  lor  the 
chief  clerk's  certificate  as  the  Keceiver  had  f,'i^•cu 
security 

Copy  certificate,  at  per  folio 

Close  copy,  at  per  folio 

Attending  appointment  settling  same    .... 

Engro-ssing  same,  at  per  folio 

Attending  on  .same  being  signed 

Making  copy  of  same  to  file  to  he  marked  as  an  olli'  e 
cojiy,  at  per  folio 

Attending  to  file  certificate  and  for  ollice  copy 

Paid  for  office  copy,  at  per  folio     ..... 


Defendant's  Costs  on  Plaintiff's  Motion  for  Appointment  of  a  Keceiver, 
Michaelmas  Sittings,  1879. 

November,  1879. 
On  being  served  with  copy  notice  of  motion  on  behalf 

of  the  plaintiff  paid  for  copies  of  affidavits  filed  in 

support  of  notice  of  motion,  folios        ,  at  per  folio 

each    .......... 

Perusing  .same,  at  per  folio 

1  f  agency,  close  copy,  at  per  folio  ..... 
Instructions  for  affi(hivit  of  in  opposition  to  motion 

Drawing  same,  folicjs         ,  at  per  folio   .... 

Engrossing  same,  at  ]ier  folio 

Attending  deponent  to  be  .swoni  to  same 

Paid  Commissioner  taking  deponent's  oath    . 

Making  copy  of  this  affidavit  to  be  marked  as  an  ottice 

copy,  at  per  folio        ....... 

Paid  filing  affidavit        ....... 

Paid  for  office  copy,  at  per  folio      ..... 

Notice  of  filing  copy  and  service  of  same  on  plaintiff's 

solicitors     .         / 0     4     0         0     4     0 

J)rawing   brief    for  counsel   to    appear   on    l)ehalf    of 

defendant  in  opposition  to  notice  of  motion,  folios 

,  at  per  folio 010         010 

flaking  copy  tlu-reof,  folios       ,  notice  of  motion,  folios 
,  affidavits  fik'd  in  support  of  moti(jn,  folios  , 

and  affidavits  in  oppo.sition,  folios         ,  together  folios 

for  counsel,  at  per  folio 

Making  copy  writ  of  summons  for  counsel,  at  jier  folio  . 
Copy  printed    statement  of  claim  for  counsLd,  at  per 

folio  ......... 

If  written,  at  per  folio    ....... 

Attending  Mr.  with  same 

Paid  lee  to  him  and  cU'rk 

Attending  appointing  confen-nce  with  counsel 

Paid  conference  fee  to  him  and  clerk      .... 

Attending  conference      ....... 

(If  two  counsel  are  briefed  charge  for  making  another 

copy  of  brief,  (S:c.,  and  consultation  fee). 


0 

0 

4 

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13 

4 

Lower  Scale. 

Higher  Scale. 

£,     s. 

(/. 

£     s.      d. 

0  13 

4 

0  13     4 

1     1 

0 

2     2     0 

0     0 

4 

0     0     4 

0     6 

8 

0  13     4 

1     1 

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3     3     0 

0     6 

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0  13     4 

648     .  APPENDIX    III. 


Attending  Court,  motion  heard  and  orderniade  directing 

Receiver  to  be  appointed  at  Cliambers 

Or  according  to  circumstances 

Close  copy  minutes  of  order,  folios        ,  at  per  folio 

Attending  settling  same 

'Or  at  Taxing  Master's  discretion  not  to  exceed 

Attending  passing  order 

Attending  summons  to  pi-oceed  under  order  when  as 

the  defendant  proposed  Mr.  as  Eeceiver, 

the    chief    clerk   adjourned    the    appointment    and 

directed  the  evidence  to  be  filed  within       days  prior 

to  the  adjourned  appointment 0     6     8         0  13     4 

(If  plaintiff  files  any  further  affidavits  in  support  of  his 

nomination  charge  for  same  as  before.) 
Attending  adjourned  appointment  when  the  chief  clerk 

appointed  the   plaintift''s  nominee  upon   his  giving 

security       .         .         .         . 
Close  copy  minutes  of  order,  folios         ,  at  per  folio 

Attending  settling  same 

Attending  passing  same  ...... 

Attending  summons  to   proceed  on  order  when  chief 

clerk  directed  Receiver  to  enter  into  recognizance  and 

further  proceeding  adjoiu-ned      ..... 
Paid  for  copy  recognizance,  folios  ,  at  per  folio 

The  like  aitidavits  of  the  Receiver's  sureties,  folios         , 

at  per  folio 

If  agency,  close  copy         ,  at  per  folio 

Attending  adjourned  summons  when  Receiver's  security 

having  been  completed  the  chief  clerk  directed  certifi- 
cate to  issue . 

Copy  certificate,  folios         ,  at  per  folio 

Close  copy,  folios         ,  at  per  folio  .... 

Attending  to  settle  same 

Attending  on  same  being  signed    .         .        ,        ,        , 


Eeceiver\^  Costs  of  Ai^iiointment  and  Passiiuj  his  Accounts. 

Michaelmas  Sittinfjs,  187    . 

Instructions  for  drawing  and  engrossing  recognizance. 
Attending  summons  when  same  settled,  and  attend- 
ing at  Judge's  Chambers  for  allowanct;  thereof  .         .     1   15     0         2  12 

Copies  of  draft  recognizance  for  parties  to  whom  copit  s 
are  directed  to  be  handed,  at  per  folio  each 

Paid  for  parcliment         ....... 

Instructions  for  affidavit  of  sureties         .... 

Drawing  same,  .'j  folios  ....... 

Engrossing  same     ........ 

Attending  sureties  on  tlieir  being  sworn  thereto    . 

Paid  commissioner  taking  deponent's  oaths,  each  . 

Paid  filintr  affidavit 


0 

6 

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j<i\ver  Scalf. 

Hi^ilicr  Seal''. 

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s. 

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receiver's  costs  of  his  ArroixTMEXT.  049 


MiikiiiL,'  cnjiy  to  bf  luaiked  an  olHce  copy 

Paid  f(ir  otlico  copy.         ....... 

Makiiif^  appoiiitnieiit  with  Receiver  and  his  sureties,  and 

attending  tlieni  on  acknowledging  recognizance  . 
Paiil  tliereon  .........     0 

Attending  to  enrol  recognizance 

Paid  enrolling 

Attending  at  Judge's  Chambers  when  order  ajipointiug 

Receiver  made    ........ 

Close  coi)y  draft  order,  at  per  folio         .... 

Notice  to  settle  same  cojjy  and  service    .... 

Attending  to  settle  same         ...... 

Paid  for  order         ........ 

Notice  to  pass  same  copy  and  service      .... 

Attending  passing  and  to  enter  same      .... 

Making  copy  order  for  the  Judge,  at  per  folio 

Letters,  &;c.     ......... 

If  the  order  appoints  the  Receiver  subject  to  his  giving 

security,  tlie  following  will  be  the  charges  in  lieu  of 

the  above : —  •         • 

Copy  order  for  the  Judge,  at  per  folio   '.         .         .         .004        004 

Preparing  summons  to  proceed,  and  attending  at  Cham- 
bers to  get  same  sealed        ...... 

Paid  stamping  same       ....... 

]\Iaking  ct)py  sinnmons  to  leave  at  Chambers 

Copies  anil  services  thereof  on  parties  having  leave  to 

attend,  each         ........ 

Attending  thereon 

The  same  charges  as  above  relating  to  recognizance. 
Making  copy  certificate,  0  folios     .'.         .         .         .020         020 
Co[iic'S  for  the  jiarties  to  whom  copies  are  directed  to  be 

handed,  at  per  folio  each     ...... 

Attending  adjourned  summons  when  certiticatc  sritled  . 
Transcribing  certiticati'  ....... 

Attending  ai>pointment  to  sign 

Attending  to  bespeak  and  tor  oHice  coi>y  ceitiiicate 
Making  copy  of  .*ame  to  be  markuil  as  an  olhce  cojiy,  at 

])er  folio      ......... 

Paid  for  ottice  copy,  at  per  folio      ..... 

Letters,  (.Sec 


Jlihinj  Sittings,  187 

Drawing  Receiver's  first  account  and  copy,  at  per  folio  . 
Preparing  summons  to  proceed  tliereon,  and  attending 

at  Chambers  to  get  same  sealed  ..... 

Paid  stamping  same        ....... 

Making  copy  summons  to  leave  at  Chambers 

Copy  and  service  of  same  on  plaintitf 's  and  defendant's 

solicitors  having  leave  to  attend,  each 
Copies  of  accounts  for  parties  to  whom  copies  are  directed 

to  be  liandrd,  at  per  folio  each    ..... 


0 

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C50  ArPENDIX   III. 


Lower  Scale.    Higher  Scale. 
£,     s.     d.         £     *••     d. 


0     6     8         0  13     4 
0     0     4         0     0     4 


0     6     8         0     6     8 
0     10        0     10 


0  3  6  0  3  6 

0  2  0  0  2  0. 

0  0  6  0  0  6 

0  0  4  0  0  4 


Attending    summons  when  account   passed  and   costs 

settled • 

Entering  account  and  duplicate  in  books,  at  per  lolio 

each 

Paid  for  books i   j     r" 

Instructions  for  affidavit  verifying  account  and  dupli- 
cate   ....••••■• 

Dramng  same,  at  per  folio nn!i         004 

Engrossing  same,  at  per  folio n     o     o        0     9     0 

Preparing  exhibits ?,     f-     .         nit 

Attending  deponent  to  be  sworn  to  same       .         ..068         UDO 
Paid  commissioner  taking  deponent's  oath  and  marking  r^     -y     r 

exhibits o     9     0        0     2     0 

Paid  filing  affidavit         .         .         •         •         •.       ..020        02U 
Making  copy  for  office  copy,  and  paid  marking,  at  per 

folio ,    •         *     ,   *  .       ' 

Making  copy  draft  certificate  of  passing  account,  at  per 

folio •     -,.  ■        n\    1  ' 

Copies  for  the  parties  to  whom  copies  are  directed  to  be 

handed,  at  per  folio 

Attending  settling  draft  certificate  .... 

Transcribing  certificate,  at  per  folio        .... 
Paid  per  centage  on  £  .         •         • 

Attending  appointment  to  sign  certificate      . 
Attending  to  bespeak  and  for  office  copy  certificate 
Making  copy  for  office  copy,  and  paid  marking,  at  per 

folio r\-         ' 

Drawing  this  bill  of  costs  and  copy,  at  pertolio     .         . 
Copies  for  parties  to  whom  copies  are  directed  to  be 

handed,  at  per  folio 

Attending 'taxing  same  .  .  ■  .-.  Vi  I 
Attending  to  procure  balance  to  lie  paid  into  Court 
Attending   Paymaster-General  for    directions    to    pay 

balance  into  the  bank,  and  attending  to  pay  same  in 

and  to  obtain  cashier  s  receipt,  see  p.  587. 
Paid  for  office  copy  of  certificate  of  payment,  at  per 

folio 

Letters,  &c 


0 

0 

4 

0 

0 

0 

6 

8 

0 

6 

0 

0 

4 

0 

0 

0 

6 

8 

0 

6 

0 

6 

8 

0 

6 

0 

0 

6 

0 

0 

0 

0 

8 

0 

0 

0    0     4         0     0     4 
0     6     8        0     6     8 


0     0     6         0     0     6 
0     5     0         0  10     0 


Plaintifs  or  Defendanes  Costs  of  rassiiig  ncceivc^'s  Accounts. 
Hilary  Sittings,  187    . 

Attending  summons   when    account   passed  and   costs 

settled         .         .         •         •    .     • 
Close  copy  certificate,  at  per  folio  .         .         .         • 
Dra\vin'4  this  bill  of  costs  and  co].y,  at  per  iolio     .         . 
Copies  f(jr  parties  1o  whom  copies  arc  directed  to  be 

liandcil,  at  per  folio    .         .         •         • 
AtteiKling  appointment  to  sign  certificate 


0 
0 
0 

6 
0 

0 

8 
4 
8 

0  13 
0  0 
0     0 

0 
0 

0 

(; 

4 

8 

0  0 
0    (i 

COSTS   OF   PASSING  KECElVKU's   ACCOUNTS.  Gol 


Attending  taxing  co.sts  at  per  25  folios,  or  fiactioiial  i^art     0     6 
Attending  taxing  receiver's  costs              Ditto  0     6 

Letters,  &c y     r 


ih: 

Hit,'licr  !Sc<dr. 

<l. 

.C       .V.       <l. 

8 

0     6     8 

8 

0     6     8 

0 

0     5     0 

Receiver's  Costs  on  Passing  his  final  Acconnt. 
Easter  Sittings,  1879. 
Tlic  same  cliarges  as  in  tlie  preceding  bill  for  drawing 

and  fair  copy  account,  summons  to  proceed  thereon° 

and  attendances,  as  the  case  may  be,  and  then  the 

lullowing  items  : — ■ 
Attending  dei>ositing  Receiver's  books  at  the  office  of  tlie 

Masters  m  the  R(»yal  Court  of  Justice         .         .         .068         068 
Attending  the  idaintitf 's  solicitors  and  paving  them  the 

amount  due  to  i)laintiir  on  passing  iinal  account  and 

obtaining  receipt  0    6     8        0     6     8 

Jt  tlni  balance  is  invested  : — 

Attending  Payniaster-General  for  directions  to  pay  in 

balance,  and  at  tlie  Bank  to  pay  same  in  and  obtain 

cashiei-'s  receipt,  see  p.  587. 

Pay  for  office  copy  ceitilicate  of  payment  in,  at  per  folio     0     0     4         0     0     4 
Attending  for  and  bespeaking  ollice  copy  recognizance  .068        068 

raid  lor  same 

Attending  the  Masters  of  Rolls'  secretary  with  same,  and 

obtciining  his  certificate  tliat  final  account  passed'  and 

alterwards  attending  at  the  Pulilic  Record  Office  with 

■p'T^\.     '         • 0  i:}     4         0  13     4 

Paul  vacating  recognizance 110         110 

If  the  Receiver  was  apj)ointed  to  receive  rents  : 

Co]iy  authority  to  tenants  to  pay  rents  to  .010010 

Attending  the  Receiver  on  his  signing  same,  and  after- 
wards on  plaintitrs  solicitors  therewith 

Drawing  this  bill  of  costs  and  copy,  at  per  folio     .         ! 

Copies  lor  parties  to  whom  copies  are  directed  to  be 
handyd,  folios     ,  at  per  folio 

Attending  serving  same,  each         •         .         .         .         ' 

PJaintiirs  or  defendant's  costs  for  passing  tlie  final  will 
be  similar  to  their  costs  for  passing  the  first  account. 

Paid  for  office  copy 0     1     S         0     1 

Instructions  for  aiffidavit  of  fitness  of  the  proposed  Re- 
ceiver   

Drawing  same,  5  folios  ...'...' 

Engrossing  s;ime 

Attending  dejionent  to  be  sworn  to  same 

Paid  commissioner  taking  deponent's  oath 

Making  co^.y  afiidavit  to  be  marked  as  an  office  c.n.v 

Paid  filing  affidavit ^  - 

Paid  for  office  coj)y         ..... 
Notice  of  filing  of  "these  afiidavits  and  copv,  an<l  si'rvin'' 
0"  ?^lr.  ,  solicitor,      folios    .    "     .         .        " 

The  like  solicitors  for  other  parties,  each       .         '.         '. 


0 

6 

8 

0 

6 

8 

0 

0 

8 

0 

0 

8 

0 

0 

4 

0 

0 

4 

0 

o 

0 

0 

5 

0 

0 

6 

S 

0 

6 

8 

0 

5 

0 

0 

5 

0 

0 

1 

8 

0 

1 

8 

0 

6 

8 

0 

() 

8 

0 

1 

6 

0 

1 

6 

0 

1 

8 

0 

1 

8 

0 

2 

0 

0 

0 

0 

0 

0 

10 

U 

0 

10 

0 

4 

0 

0 

4 

0 

0 

2 

6 

0 

--) 

0 

652  APPENDIX    III. 


Lower  Scale.    Higher  Scale. 
.J£     y.      (1.  a     s.      d. 


(It  may  be  necessary  to  have  two  sucli  affidavits  of 
fitness,  particularly  if  the  proposal  be  contested, 
and  there  should  also  be  an  affidavit  by  the  per- 
son proposed  stating  his  willingness  to  act  as 
Keceiver.) 
Instructions  for  affidavit  of  proposed  Receiver  as  to  wil- 
lingness to  act  as  Receiver 068        068 

Drawing  same,  6  folios nSn         non 

Engrossing  same 020         02U 

Attending  deponent  to  be  sworn  to  same 
Paid  commissioner  taking  deponent's  oath     . 
Making  copy  affidavit  to  be  marked  as  an  office  copy 

Paid  filing  affidavit 020         020 

Paid  for  office  copy 

Notice  of  filing  same  and  copy  and  service  on  Mr 
solicitor       ....••• 
If  anv  affidavit  is  filed  in  opposition,  charge 
Paid  for  office  copy  affidavit  of        folios,  at  per  folio     .004         ^     J?     ;: 
Perusing  same,  at 'per  folio     .         .         .         •     _    •         .004         004 
Attending  summons  when  was  appointed  on 

his  giving  security •     .    • 

If  the  summons  is  adjourned  for  further  affidavits, 
charge    for    drawing    or    perusing    same,    and 
charge 
Attending  adjourned  summons  when  Mr.  was 

appointed  on  giving  security    _ 

Close  copy  draft  order,  at  per  folio  .... 

Notice  to"^settle  same  copy  and  service  on  Mr.  , 

solicitor •         '     r.     o     i-         no 

The  like  on  solicitors  for  the  other  parties,  each     .         .02b        02 

Attendiug  settling  same 9    .^    ^        i'  ^? 

Paid  for  order         .         .         .         .         • 
Notice  to  pass  same  copy  and  service  on  Mr. 

solicitor 

The  like  on  solicitors  for  other  parties,  each 


0     6     8  0  6     8 

0     16  0  16 

0     2     0  0  2     0 

0     2     0  0  2     0 

0     10  0  10 

0     4     0  0  4     0 

0     0     4  0  0     4 

0     0     4  0  0     4 

0     6     8  0  13     4 

0     6     8  0  13     4 

0     0     4  0  0     4 

0     4     0  0  4     0 

0     2     6  0  2     6 

0     6     8  0  13     4 

0     3     0  0  5     0 

0     4     0  0  4 

0     2     6  0  2 

0     6     8  0  13 


Attending  passing  same.         .     _ p     «        a  \% 

Attending  to  settle  draft  recognizance    .         .         •         •     \^  ,V     ^        );  !'^ 


Sittings  fee     .         .         .         -  .... 

(If  no  other  proceedings  going  on  in  this  bitting.s 

in  this  action.) 

Trinity  Sittinfjs,  1879. 
Similar  for  passing  Receiver'.s  account  as  charged   in 
p.  650. 


0  15     0        0  15 


RECEIVEU'S    COSTS    ON    PASSIKG    FIRST    ACCOUNT.  God 

RECEIVER'S  COSTS  ON  PASSING  THEIR  FIRST  ACCOUNT  WHO 
WERE  APrOINTED  AT  THE  HEARING  OF  THE  ACTION  AND 
WHO  HAD  NOT  TO  GIVE  SECURITY  OR  RECEIVE  ANV 
COMMISSION. 

Ililanj  Sitting/!,  1880. 

Making  copy  order  for  the  cliief  clerk,  at  per  folio 
Drawing  receiver's  first  account  and  copy,  at  i)er  fcdio    . 
Preparing  summons  to  proceed  thereon  and  attending  at 

Cliaml)er3  to  get  same  sealed 

Paid  stamping  same 

Making  copy  to  leave  at  Chambers         .... 
Copy  and  service  of  same  on  plaintiff's  solicitor 
Making  account  for  plaintiff's  solicitor,  at  per  folio 
Attending    summons    when     account    proceeded     and 

adjudged     ......... 

Attending  a<ljourned  appi)intment  when  account  passed 
Entering  account  in  duplicate  in  books,  at  per  folio  each 
Instructions  for  affidavit  verifying  account  and  duplicate 

lJra\ving  same,  at  per  folio 

Engrossing  same,  at  per  folio  ...... 

Preparing  exhibits,  each         ...... 

Attending  receiver  on  his  being  sworn  to  same 
Paid  commissioner  taking  deponent's  oath 
Paid  commissioner  marking  exhibits,  each 

(When  there  is  more  than  one  receiver  appointed, 
and  they  cannot  be  sworn  to  at  the  same  time, 
charge  for  prei)aring  exhibits  and  getting  them^ 
sworn  to  affidavit  has  been  allowed.) 

Paid  filing  affidavit 020        020 

^Making  copy  of  same  to  be  marked  as  an  office  copy,  at 

per  foUo 0 

Paid  for  office  copy,  at  per  folio       ..... 

Paid  for  copy  certificate  passing  account,  at  per  folio 
Close  copy,  at  per  folio   ....... 

Making  copy  of  same  for  plaintiff's  solicitor,  at  i»er  folio 
Attending  settling  cliief  clerk's  certificiite 
Transcribing  certificate,  at  per  folio         .... 

Paid  per  centage  on  £'  

Attending  appointment  to  sign  certificate 

Attending  to  bespeak  and  for  office  cojiy 

Making  cony  certificate  to  be  marked  as  an  office  cojiv, 

at  per  folio 

Paid  for  office  copy,  at  jier  folio      ..... 
Dmwing  bill  of  costs  and  copy,  at  per  folio     . 
Making  copy  for  plaintiff's  solicitor,  at  per  folio     . 
Attending  to  procure  balance  to  pay  into  Court 
Attending  at  the  Paymaster  Generals  for  directions  for 

balance  to  pay  into  the  bank,  attending  to  pay  same, 

and  obtaining  copy  cashier's  receipt    .... 
Paid  for  office  copy  certificate  of  payment  in,  at   per 

folio 0     0     G         0     0     C 

Letters,  &c 0     5     (t        0  10    «'. 


Lower  Scale. 

Higher  Scale. 

£ 

s. 

rf. 

£ 

s. 

d. 

0 

0 

4 

() 

0 

4 

0 

0 

8 

0 

1 

4 

0 

3 

0 

0 

6 

8 

0 

2 

0 

0 

3 

0 

0 

2 

0 

I) 

2 

0 

0 

3 

G 

0 

4 

G 

0 

0 

4 

0 

0 

4 

0 

0 

4 

0 

0 

4 

0 

G 

8 

() 

G 

8 

0 

1 

0 

0 

1 

(1 

0 

0 

4 

0 

(J 

4 

0 

1 

0 

0 

1 

0 

0 

G 

8 

0 

13 

4 

0 

1 

G 

0 

1 

G 

0 

1 

0 

0 

1 

0 

0 

0 

4 

0 

0 

4 

0 

0 

•2 

0 

0 

2 

0 

0 

4 

0 

0 

4 

0 

0 

4 

0 

0 

4 

0 

0 

4 

0 

0 

4 

0 

G 

8 

0 

13 

4 

0 

0 

4 

0 

0 

4 

0 

6 

8 

0 

G 

8 

0 

G 

8 

0 

G 

8 

0 

0 

4 

0 

0 

4 

0 

0 

2 

0 

0 

2 

0 

0 

8 

0 

0 

8 

0 

0 

4 

0 

0 

4 

0 

G 

8 

0 

G 

8 

654  APPENDIX    IIT. 


Plaintiff's  Costs  of  Summons  for  Discovery  and  his  Costs  of  Defendants'  Summons 

for  Discoverij. 

Lower  Scale.    Higher  Scale. 
£      s.      d.  £      s.      d. 

1878,  November. 
Preparing  summons  for  defendants  to  make  an  affidavit 

of  documents  in  their   possession   and  attending   at 

Cliambers  to  get  same  sealed 068        01 3     4 

Paid  stamping  same 020         030 

Making  copy  to  leave  at  Chambers  .         .         .         .020        020 

Or  per  folio 004        004 

Copy  and  service  ofsame  upon  defendants' solicitors,  each     0     3     6         0     4     6 

Or  per  folio 004        004 

Attending  sunmions  when  order  made    .... 

Close  copy  order,  at  per  folio 004         004 

Notice  to  settle  draft  order  and  copy  and  service  upon 

defendants'  solicitors,  each 040        04     0 

Attendinu- settling  draft  order 0     6     8         0  13     4 

Paid  for  order 030        050 

Notice  to  pass  same  and  copy  and  service  upon  defen- 
dants' solicitors,  each *^1*^        040 

Attending  to  pass  same  .  .  .  .  _  .  .  .068  0134 
Making  copy  order  for  service,  at  per  folio  .  .  .004  004 
Indorsing  warning  on  original  and  copy  .  .  .010  010 
Service  thereof  oii  defendants'  solicitors  who  undertook 

to  accept  service,  each .026        026 

If  the  solicitors  will  not  accept  service,  charge  attending 

the  defendant  ,  and  serving  him  personally  with 

same .     •     ^*     ^     ^^         0     5     0 

If  served  upon  two  miles  from  the  office  of  the  solicitor 

serving  same,  for  each  mile  l^eyond  the  two  miles       .010         010 
If  sent  to  agent  to  be  served,  charge 

Writing  to  agent  with  original  and  copy  for  service  .036  036 
On  receipt  of  original  duly  indorsed  writing  to  agent 

with  his  charges  for  service 0     3     6         0     3     0 

Paid  his  charges  (Post-office  Order)         .... 
Paid  for  copying  affidavit  of  documents  in  defendants' 

possession,  folios         ,  at  per  folio         .... 

Perusing  same,  at  per  folio 

If  agency  close  copy 

Notice  to  inspect  documents  mentioned  in  defendants' 

affidavit,  copy  and  service  .  .  .  .  . 
Attending  inspecting  same  in  pursuance  of  notice  . 
Or  per  hour 

1878,  December. 
Attending  summons  taken  out  by  defendant  for  plaintilf 
to  make  an  affidavit  of  documents  when  order  made  . 

Close  copy  draft  order,  at  per  folio 0     0     4         0     0 

Attending  to  settle  same 0     (i     8         0  13 

Attending  to  pass  same 068         013 

JVIaking  copy  order  for  service,  at  per  Iblio      .         .         .004         00 
Attending  plaintiff's  solicitors  when  they  accepted  ser- 
vice on  behalf  of  the  plaintilf 0    6     8         0     6 


0 

0 

4 

0 

0 

0 

0 

4 

0 

0 

0 

0 

4 

0 

0 

0 

4 

0 

0 

4 

0 

6 

8 

0 

6 

0 

6 

8 

0 

6 

0 

1     0 

0     1     0 

0 

0     4 

0     0     4 

0 

6     8 

0     G     8 

0 

0 

4 

0 

0 

4 

0 

2 

0 

0 

2 

0 

0 

0 

2 

0 

0 

2 

0 

4 

0 

0 

4 

0 

0 

G 

8 

0 

G 

8 

0 

G 

8 

0 

G 

8 

I'LAINTlFl-'s   COSTS   OF   SUMMONS   FOR   DISCOVEUY.  05") 

f.owcr  Sp.iIc.    IIi;<lif'r  Sralc. 
,C     *•.      il.  £     s.      ,1. 

Tnstnictions  for  afTiclavitsof  plaintiff  as  tlociiment.s  in  his 

possession    .         .         .         .         .         .         .         .         .OGS         0G8 

(In  hij^'lier  scale  actions  tlie  Taxint^  Master  lias  the 
power  to  increase  the  charge  lor  instructions.) 
Drawing  same,  folios        ,  at  per  fcilio     .... 

Engrossing  same,  at  per  folio  ..... 

Attending  deponent  to  be  sworn  to  same 

(If  the  solicitor  has  to  go  a  long  distance  this  may 
be  increased.) 
Paid  commissioner  taking  plaintiff's  oath       .         .         .GIG         GIG 
flaking  copy  allidavit  to  Ije  marked  as  an  oflicc  cop}',  at 
per  folio       ........ 

Paid  tiling  afiidavit  ...... 

Paid  for  ollice  copy,  at  per  folio      .... 

Notice  of  tiling  same,  copy  and  ser\ice   . 

Attending   defendants'   solicitors   on    their    inspecting 

documents  mentioned  in  plaintiff's  afhdavit 
Or  per  hour     .........     0 

(This  precedent  can  be  used  foi'  defendant's  costs  of 
summons  for  discovery,  and  his  costs  of  plain- 
tiff's summons  for  discovery.) 

Pkwitijf's  Co6U  of  Inter rocjatorks  and  his  Costs  of  Answeruuj  Defendant's 
Interrogatoi-ies. 
1878. 

Instructions  for  interrogatories  to  be  answered  by 
defendants 

Drawing  sanie,  folios       ,  at  jier  folio     .... 

Attending  Mr.  with  same  to  settle     . 

Paid  fee  to  him  and  clerk 

I  f  printed,  making  copy  of  same  for  the  printer,  at  per  folio 

Examining  and  correcting  proof,  at  per  folio  each  . 

Paid  printer's  charges  (minus  £        received  for  copies) . 

If  written  engrossing  interrogatories,  at  per  folio  each     . 

Attending  to  deliver  same,  each 

Attending  defendants'  summons  to  file  answer  to  interro- 
gatories when  order  made OGS         0     G 

Paid  for  copy  atfiilavit  of  defendants  in  answer  to  inter- 
rogatories, if  printed,  at  per  folio  .... 

If  written,  at  per  folio 

Perusing  same,  at  per  folio 

If  printed,  ])erusing  same  at  ])er  folio     .... 

If  agency  close  copy,  if  printed,  at  per  folio  . 

( "lose  copy,  if  written,  at  per  folio ..... 

If  the  interrogatories  are  not  satisfactorily  answered, 
charge  for  preparing  summons  for  further  answer  to 
interrogatories  and  attending  at  Chambers  to  get  same 
sealed 0 

Paid  sealing  same  ....... 

Making  cojiy  to  leave  at  Chambers 

Or  per  folio     ........ 

Copy  and  service  of  same  on  defeiulants' solicitor,  each 

Or  per  folio 


0 

G 

8 

G 

13 

4 

0 

1 

0 

0 

1 

0 

0 

3 

4 

0 

G 

8 

1 

3 

G 

1 

3 

G 

0 

0 

4 

0 

0 

4 

0 

0 

2 

0 

0 

2 

0 

0 

4 

G 

G 

4 

0 

3 

4 

G 

G 

8 

G 

0 

I 

0 

G 

1 

0 

G 

4 

0 

0 

4 

0 

0 

4 

0 

0 

4 

0 

G 

2 

0 

0 

3 

0 

0 

2 

G 

0 

3 

0 

0 

4 

G 

G 

4 

0 

G 

8 

G  13 

4 

0 

2 

0 

0     3 

G 

0 

2 

0 

0     2 

0 

0 

0 

4 

0     G 

4 

G 

3 

V) 

G     4 

G 

G 

G 

4 

G     G 

4 

656  APPENDIX    III. 


Lmver  Scale.    Higlier  Scale. 
jt      s.      d.  £     s.      d. 


0 

4 

0 

(» 

4 

0 

0 

2 

G 

0 

2 

G 

0 

1 

0 

0 

1 

0 

0 

0 

4 

0 

0 

4 

0 

G 

8 

0 

6 

8 

2 

4 

G 

2 

4 

G 

0 

3 

4 

0 

6 

8 

1 

a 

0 

1 

G 

0 

0 

13 

4 

0 

13 

4 

Attending  summons  for  farther  answers  to  interrogatories 

Avlieu  same  adjourned  at  defendants'  request       .         .     0     G     8         0     G 
Attending  the  adjourned  summons  when  the  chief  clerk 

referred  it  to  the  Judge 

If  the  adjourned  summons  is  to  be  attended  by  counsel, 

charge         . 

^Notice  to  defendants'  solicitor  that  adjourned  summons 

would  be  attended  by  counsel,  copy  and  service 
The  like  to  the  solicitors  for  the  other  defendants,  each 
Drawing  brief  for  counsel  to  attend  in  support  of  appli- 
cation, at  per  folio 

Making  fair  copy  of  same  for  counsel,  at  per  folio  . 
Atteniiing  Mr.  with  same         .... 

Paid  fee  to  him  and  clerk 

Attending  Mr.  appointing  conference 

Paid  fee  to  him  and  clerk        ...... 

Attending  conference 

Attending  adjourired  summons  before  the  Judge  when 

he  decided  (state  shortly  the  Judge's  decision),  and  if 

he  decided  that  the  defendant  .should  further  answer 

interrogatories,  and  put  him  under  terms  as  to  time  to 

answer,  and  the  action  is  set  down  for  hearing,  charge. 
Attending   at  the  order  of  course   seat  having   actiun 

marked  in  book  not  to  come  into  paper  accordingly    .068         06 
(If  the  Judge  makes   an   order   for   defendant   to 
further  answer,  charge.) 
Attending  the  registrar  with  brief  and  bespeaking  draft 

order  .         .         .         .         .         

Close  copy  draft  order,  at  per  folio  .... 

Notice  to  settle  same,  copy  and  service  on  defendant's 

solicitors  each 

Attending  settling  same 

NtAice  to  pass  same  copy  iind  service     .... 

Paid  for  order 

Attending  passing  same  .         .         .         .         . 

Paid  for  copy  further  alhdavit,  if  printed,  at  per  fuliu     . 

If  written,  at  per  folio 

Perusing  same,  at  per  folio 

If  printed,  perusing  same  at  per  fulio     .... 

If  agency  close  copy,  if  prmttid,  at  per  folio    . 

If  written,  at  per  folio 

1878. 
Having  been   served   with  copy  interrogatories  to  be 

answered  by  plain tifts,  perusing  same 

Or  per  folio 

If  printed,  perusing  same  at  per  fulio     .... 
If  agency  close  copy,  if  printed,  at  per  folio  .         ... 
If  written,  at  i)er  folio     .         .         ... 
Preparing  summons  for  time  to  file  allidavit  in  answer  tu 

defendants'  interrogatories 

Paid  stamping  same 

Making  copy  to  leave  at  Chambers         .... 
Or  per  folio    .......... 


0 

6 

8 

0 

6 

0 

0 

4 

0 

0 

0 

4 

0 

0 

4 

0 

G 

8 

0 

13 

0 

4 

0 

0 

4 

0 

3 

0 

0 

5 

0 

G 

8 

0 

13 

0 

0 

1 

0 

0 

0 

0 

4 

0 

0 

0 

0 

4 

0 

0 

0 

0 

2 

0 

0 

0 

0 

2 

0 

0 

0 

0 

4 

0 

0 

0 

6 

8 

0 
0 

13 
0 

0 

0 

2 

0 

0 

0 

0 

2 

0 

0 

0 

0 

4 

0 

0 

0 

3 

0 

0 

G 

0 

2 

0 

0 

3 

0 

2 

0 

0 
0 

2 
0 

plaintiff's    costs    of    IN'i'ERROGATOiaES, 


Go  / 


Copying  sorvite  of  same  on  defendant's  solicitors  . 

Or  per  folio     ......... 

Attending  suninioiis  wlion  order  made    .... 

Paid  stainping  order        ....... 

Attending  for  ord(!r  and  attending  to  get  same  entered  . 
Instructions  for  attidavit  in  answer  to  defendant's  inter- 
rogatories    ......... 

(In  higher  scale  of  actions  this  allowance  can  be  in- 
creased Ijy  the  Taxing-Master.) 
Drawing  same  folio  at  per  folio     .... 

If  printed  charge  for  making   copy   of  same   for  the 
printer,  at  per  folio     .         .         .         . 

Examining  and  correcting  proof,  at  jjcr  folio  . 

Paid  printer's  charges  (minus  £  received  for  copies) 

If  written  charge  engrossing  atlidavit,  at  per  i'olio  . 

If  exhibits  charge  preparing  .same,  each . 

Attending  deponent  to  be  sworn  to  same 

(This  can  be  increased  according  to  the  distance  the 
solicitors  have  to  go.) 
Paid  commissioner  taking  deponent's  oath 
Paid  him  for  marking  exhibits,  each       .... 

If  sent  to  agent  charge  writing  to  agent  with  same  to  be 

swoni  to 

On  receipt  of  affidavit  duly  sworn  to  writing  to  agent 
with  his  charges  . 

Paid  his  charges  (post-office  order) 

Paid  filing  affidavit 

If  printed  paid  for  office  cojiy,  at  per  folio 

If  written  making  copy  aitidavit  to  be  marked  as  an 

office  copy,  at  per  folio 

Paid  for  office  copy,  at  ])er  folio 

(If  the  interrogatories  are  not  satisfactorily  answered 
charge  for  summons,  &c.,  as  charged  in  the  inter- 
rogatories of  plaintitf.) 


Lower  Scale. 

Higher  Scale. 

&     s.      <l. 

£,     s.      d 

0      3      G 

0      4      0 

0     0     4 

0     0     4 

0     (3     8 

0     6     8 

0     3     0 

0     5     0 

0     ()     8 

0     (5     8 

0     0     8 


0     0 


0     10        0     10 


0 

0 

4 

0 

0 

4 

0 

0 

2 

0 

0 

3 

0 

0 

4 

0 

0 

4 

0 

1 

0 

0 

1 

0 

0 

0 

8 

0 

0 

8 

0 

1 

0 

0 

1 

0 

0 

1 

0 

0 

1 

0 

0 

3 

(5 

0 

3 

6 

0 

3 

0 

0 

3 

0 

0 

2 

0 

0 

2 

0 

0 

0 

2 

0 

0 

- 

0 

0 

4 

0 

0 

4 

0 

0 

2 

0 

0 

2 

Plaintiff's  Costs  of  Admiidst ration  Order  commenced  lnj  Original  Summons. 

Faster  Sittings,  1878. 
1878,  April. 

Instructions  fur  summons  at  Chambers  for  administra- 
tion of  the  estate  of  the  deceased    .         .         .     0  13     4 

Certificate  of  proceeding  under  lower  scale     .         .         .050 
(If  plaintiff  is  an  infant  or  married  woman  charge.) 

Drawing  and  fair  copy  authority  to  sue  as  next  friend 
and  attending  to  get  same  signed         .... 

Preparing  original  summons  and  lair  copy  and  attend- 
ing to  issue  same 

Paid  stamping  same        .         .         .  '       . 

Making  copy  of  summons  to  leave  at  Chambers 


0  13     4 


0     0     8        0  13     4 


Or  per  folio 0 


0  13 

0     5 

0     2 

0 


1  1 
0  10 
0  2 
0     0 


V   V 


Lower  Scale. 

Higher  Sc 

£,     s. 

d. 

£, 

s. 

0     2 

0 

0 

2 

0     0 

4 

0 

0 

0     1 

4 

0 

1 

0     1 

0 

0 

5 

0     1 

0 

0 

2 

0     0 

4 

0 

0 

0     1 

0 

0 

5 

0     5 

0 

0 

5 

658  APPENDIX  in. 


Making  duplicate  to  file  at  Record  and  Writ  Clerics' 

Office 0 

Or  per  folio 

Attending  to  seal  duplicate  and  copy  for  service     . 

Paid  sealing  duplicate 

Making  copy  of  summons  for  ser\ace  each 

Or  per  folio 

Paid  sealing  same 

Service  of  same  on  defendant  .... 

(If  served  at  a  distance  of  more  than  two  miles  from 

solicitor's  office  for  each  mile  beyond  such  two    0     10        0     1 
miles  extra.) 
If  sent  to  agent  for  service      ...... 

Writing  to  agent  therewith 0     3     6         0     3 

On  receipt  of  letter  from  him  witli  summons  duly  in- 
dorsed writing  to  agent  with  his  charges  for  service    .030        03 

Paid  same  (post-office  order) 

If  it  is  known  who  is  the  solicitor  for  the  defendants, 

attending    defendant's  solicitor    and    obtaining    his 

undertaking  to  appear  and  leaving  copy  summons       .008         06 
(No  charge  is  allowed  for  searching  appearance  as 
the  defendants  are  now  bound  to  serve  notice  of 
their  entering  an  appearance.) 
If  being  unable  to  serve  copy  summons  charge  for  attend- 

ing,',obtaining  a  new  time  for  the  defendants  to  attend 

at  the  Judge's  chambers,  and  indorsing  tlie  summons 

and  getting  it  sealed 068        06 

(Charges  for  service  of  same  see  previous  items  as 
to  this.) 
Instructions    for    affidavit    of    plaintiff  in   support   of 

summons     .         .         .         .         .         ,         .         .         .     0  ' 

Drawing  same,  at  per  folio 

Engrossing  same,  at  per  folio 

Attending  deponent  to  be  sworn  to  same 

Paid  commissioner  taking  deponent's  oath 

Making  copy  affidavit  to  be  marked  as  an  office  copy,  at 

per  folio 

Paid  filing  affidavit         ....... 

Paid  for  office  copy,  at  per  folio 

Notice  of  filing  same,  copy  and  service  .... 
Preparing  notice  for  the  defendant  to  produce  probate  of 

deceased's  will  or  letters  of  administration  folio        at 

per  folio 

Making  copy  for  service,  at  per  folio       .... 

Service  of  same  on  defendant's  solicitor  .... 

Preparing  notice  to  admit  copy  and  service     . 

Or  per  folio     ......... 

Attending  defendant's    solicitor  on   his   inspection   of 

documents  pursuant  of  notice  to  admit 

Or  per  hour 0 

Attending  defendant's  solicitors,  examining  and  signing 

admissions 0     0     8         0  13 

Attending   summons  when   the  chief  clerk  adjoiniu^d 

same  at  defendant'.s  reij[ue3t 


0 

6 

8 

0 

6 

0 

1 

0 

0 

1 

0 

0 

4 

0 

0 

0 

6 

8 

0 

6 

0 

1 

6 

0 

1 

0 

0 

4 

0 

0 

0 

2 

0 

0 

2 

0 

0 

2 

0 

0 

0 

4 

0 

0 

4 

0 

1 

0 

0 

1 

0 

0 

4 

0 

0 

0 

2 

6 

0 

2 

0 

5 

0 

0 

7 

0 

0 

8 

0 

1 

0 

6 

8 

0 

13 

0 

6 

8 

0 

G 

1'J.aintiff's  costs  of  administration  oi;i.i:i;. 


050 


Attending  adjouniea  summons  when  order  made 

Uose  copy  draft  order,  folio  at  per  folio 

Notice  to  settle  same,  copy  and  service 

Attending  settlinj^' same.         .  '         '         ' 

Or  at  Taxing-Master's  discretion  not  to  exceed 

r'aul  for  order  ... 

Notice  to  pass  same,  cojiy  ami  service     .  '        ' 

Attending  passing  same ....''' 

(Tlie  siibse<iuent  charges  ami  i.roceedings  \\ill  be 
similar  to  those  in  plaintiffs  costs  of  action  after 
clecree— iirehmmary   as  to    next-of-kin— Adver- 
tisement for  creditors  until  further  consideration) 
page  (517,  and  then  charge 
Preparing  summ-ms  for  further  consideration  .jf  ,j,der 
and  attending  at  Chambers  to  get  same  sealed 
clJiivr        '''  ^'"^  ^^''^^"S-^^^ster's  discretion,  nut  ex- 
Paid  stamping  same         ..''"'' 
Making  coj.y  summons  to  leave  at  Cluuabers" 
Copy  and  service  of  same         .         .  '         ' 

Drawing  minutes  of  pro])ose.l  order,  at  per  Ib'lio 
Jlaking  copy  of  administration  order  folio  '    .md 

chK-t  clerk's  certihcate  folio  together  folios 

to  enable  counsel  to  settle  same,  at  per  folio  ' 

Attending  Mr.  with  same 

Paid  fee  to  him  and  clerk       .         .  '         *         ' 

Making  copy  of  proposed  minutes  of  order 'for  delV-n- 

dant  s  solicitor,  lb.         ,  at  per  folio     . 
VVriting  hmi  therewith  .         .  "         ' 

Subsequently  attending  defendant's  solicitor  and'  con- 
lerrmg  with  him  and  arranging  terms  of  minutes 
01  order       .         .         .         _ 

Attending  summons  before  cliief  clerk  when  order'madJ 
ordeT"^       '"'^   ^^"ith   terms   of  minutes  of  proposed 

Or  attending  summons  for  fu'rtl.er'  consideration  before 

the  chief  clerk  when  on  the  request  of  solicitor 

summons  adjourned  into  court    . 

If  adjourned  into  court  charge  for  .         .         '         '         ' 

iMaking  two  copies  administration  summons  and'  chief 

clerk  s  certificate  for  the  Judge,  fo.  at  per  folio 

Attending  the  Judge's  secretary  with  same 
Drawing  brief  for  counsel  to  appear  on  adjourned  "'sum- 
mons, fo.  at  per  folio  .         . 
Making  two  copies  of  same  for  counsel  at  i;er 'folio  'eich  ' 
.Making  one  copy  of  administration  order,  fo  .,,,,1 
chief  clerk's  certificate,  fo.          together,  folios         'fbr 
senior  counsel,  at  per  folio  . 
Attending  Mr.                 Q.C.  with  same  .' 
i  aul  lee  to  him  and  clerk 

Attending  Mr.  with  same  ■         '         '         '         ' 

1  aid  fee  to  him  and  clerk       ....'' 
Attending  Mr.  appointing  con^^ultatiun      '.         '. 


Lower  Si 

cale. 

lIitjherS(yile. 

£     .•■•. 

<l. 

X.      *•.       (I. 

0     0 

4 

0     0     4 

0     4 

0 

0     4     0 

0     6 

8 

0   13     4 

1     1 

0 

3     3     0 

0  10 

0 

1     0     0 

0     4 

0 

0     4     0 

0     (i 

8 

0  13     4 

0     3     0         0     G 


0 

0 

S 

1 

1 

0 

0 

2 

0 

0 

3 

0 

0 

2 

0 

0 

2 

0 

0 

3 

G 

0 

4 

G 

0 

1 

0 

0 

1 

0 

0 

0 

4 

0 

0 

4 

0 

G 

8 

0 

G 

8 

2 

4 

G 

2 

4 

6 

0 

0 

4 

0 

0 

4 

0 

3 

() 

0 

3 

G 

0     G     8        0     G     8 


0 

0 

4 

0 

0 

4 

0 

G 

8 

0 

G 

8 

0 

1 

0 

0 

1 

0 

0 

0 

4 

0 

0 

4 

0 

0 

4 

0 

0 

4 

0 

G 

8 

0 

G 

8 

3 

5 

(; 

3 

5 

G 

0 

G 

8 

0 

6 

8 

2 

4 

6 

2 

4 

6 

0 

G 

8 
I'   u 

0 

o 

G 

8 

CGO 


appe^;di^  in. 


Paid  fee  tohiiuanl  clci-.c        .         •         ■         ^ 

Sittings  fee     .         • 

If  agency,  letters,  <S:c.      .        •        •        ' 


Lower  Scale.    Higlier  Scale. 


&     s. 
2     9 

d. 
6 

2     9 

6 

0     3 

4 

0     6 

8 

1     3 

6 

1     3 

G 

0  15 

0 

0  15 

0 

0     6 

0 

0     6 

0 

Trinitij  Sittings,  1878. 


bespeaking  dnift  onler         .         '        p^^-      _ 
Close  coi.y  draft  order  fo.  at  pei  louo 

NotTce  tl^settle  same,  copy  and  service  .         •         •         • 

^r:;'TaS:gSS^Sscret(on,n;.to-e.  •         • 

Paid  for  order         .         •         •         '. 

Kotice  to  pass  same,  copy  and  service     .         •         • 

Attending  passing  sarne^  Pa^nmster-General   to   invest 
Drawing  request  to   tlie  r  awn  as  ^         ^         ^         ^ 

Att™lin;.  tl.e>avmast;r-ac.„.ral  ;«tli  same  ^^ 

"'^r:;;^^^;"S2t^td-:iii;i^^"o«.Ma.e.iu 

rotation  inarke.l  •     .^;  j     :^i.,ster,  at  per  folio  . 

Al'ikin"  copy  order  loi  tnc  iaxiu-,  ) 

1  hnw  n-  lill  of  costs  and  copy,  at  per  foho    .         • 
^  Son  leaving  same,  copv  and  service     .         •         ■ 

s:s;;^"s;s^,n:^ar;^^^e^^---"- 

Attending  taxing  same  .         •         •         •  _         _ 

•^"■'fif;^"'';:;;;' ™;f  T  fa;,,,  i,;  c„.,rt .,» „.t  c„a,-gc 

Atten,,hS^'«l«»a.n«n,U,..s,„.„ki„:-.,.ir„.oc„,.y 
Paid  for  office  copy  ceititicate  •  • 

Sittings  fee     .         • 

If  agency,  letters,  i:c       •         •         •         •         _ 

Letters,  messengers,  c\:c.  .         •         •         • 


0  13     4 


0     6     8 


0  13     4 

1     1     0 

1     1     0 

2     2     0 

0     G     8 

0     G     8 

0     0     4 

0     0     4 

0     4     0 

0     4     0 

0     G     8 

0  13     4 

1     1     0 

3     3     4 

0  10     0 

10     0 

0     4     0 

0     4     0 

0     G     8 

0  13     4 

0     2     G 

0     2     G 

0     G     8 

0     G     8 

0     G     8 

0     G     8 

0     0     4 

0     0     4 

0     0     8 

0     0     i 

0     4     G 

0     5     ( 

0     4     G 

0     5     ( 

0     2     G 

0     2 

0     G     8 

0   (; 

0     0     4 

0     0 

0     2     0 


.     0 

G     8 

.     0 

3     0 

.     0 

If)     0 

.     0 

()     0 

1     2 


Lower  Scale. 

Higher  Scale. 

£ 

s. 

rf. 

X 

S.        (1. 

0 

G 

8 

0 

]  .3     4 

service  ol' 

0 

() 

8 

0 

G     8 

0 

f) 

0 

0 

() 

8 

0 

6     8 

0 

2 

(» 

(1 

2     0 

ne  jierson, 

0 

1 

0 

0 

2     0 

0 

4 

0 

0 

4     0 

defendant's    costs   of   ADMINISTltATIOy   ORDEU.  001 


DKFKNDANT'S  COSTS  OF  ADMIXISTrvATroX  ORDER,  COMMENCED 
BY  ORIGINAL  SUxMMONS. 

Easter  SitHngs,  1878. 

1878,  April. 

Instruct  ions  to  ilefcnil 

Attending  plaintiff's  solicitm-  and  accc])ting 
copy  sunnnons  on  helialf  of  the  delL-ndants 
Certificate  of  proceedings  under  lower  scale  . 
Attending  entering  appearance 
I'aid  entering  .«!aine  ..... 

(If  entered  at  one  time,  for  more  than  one  jierson, 
for  every  defendant  beyond  the  lirst.) 
Notice  of  appearance  cojiy  and  service   . 

(If  defendants    are   infants,  charge   for  obtaining 

order  for  guardian  as  charged  in  defendant's  costs 

on  trial  of  action  in  which  issue  is  joined.) 

Paid  for  copy  affidavit  of  plaintiff  in  support  of  summons 

fo.  at  per  folio    ....... 

Perusing  same,  at  per  folio 

If  agency,  close  cojjy       ....... 

Having  been  serve(l  Avith  copy  notice  to  produce  pro- 
bate of  the  testator,  perusing  same      .... 

Having  been  served  with  copy  notice  to  admit,  perusing 
same   ........." 

Attending  to  inspect  plaintiff's  documents  j-ursuant  of 
notice  to  produce         ....... 

Or  per  hour    ......... 

Attending  to  examine  and  sign  admissions     . 
Attending  summons  wlieii  chief  clerk  adjourned  same  . 
Attending  adjourned  summons  when  the  usual  adminis- 
tration order  was  made        ...... 

Close  copy  minutes  of  order,  at  per  folio 

Attending  settling  same 

Or  according  to  circumstances         ..... 

Attending  passing  same 

(TJie  subsequent  charges  and  proceedings  will  Ije 
similar   to  those  in  defendant's  costs  of  action 
after  decree — Preliminary  as  to  next-of-kin — Ad- 
vertisements for  creditors  until  further  considera- 
tion) page  G17,  and  then  charge    .... 

Having  received  copy  of  ])roposed  minutes  of  order  en 

further  consideration  perusing  same,  at  per  folio.         .004         004 
Making  copy  of  .same  for  counsel  to  settle  on  behalf  (  f 
the  defcTulant,  at  per  folio  ...... 

Attending  Mr.  with  same  to  settle     . 

Paid  fee  to  him  and  clerk        ...... 

Making  copy  of  minutes  of  projio.sed  order  as    settled 

by  coun.sel  for  the  plaintiff's  solicitor,  at  per  folio         .004         004 


0 
0 
0 

0 
0 
0 

4 
4 
4 

0     0 
0     0 
0     0 

4 
4 

4 

0 

G 

8 

0  13 

4 

0 

G 

8 

0  13 

4 

0 
0 
0 

G 
G 
6 

8 
8 
8 

0  13 
0     G 
0  13 

4 

8 
4 

0 

0     4 

0     0 

4 

0 

G     8 

0  13 

4 

1 

1     0 

3     3 

0 

0 

G     8 

0  13 

4 

0 

0 

4 

0     0     4 

0 

3 

4 

0    <;    8 

1 

3 

G 

1     3     G 

662 


APPENDIX    III. 


"Writing  to  plaintitY's  solicitor  Avitli  same 

Subsequently  attending  plaintiff's  solicitor  and  con- 
ferring with  liini  on  same  and  i;ltiniately  arranging 
same   .......... 

Attending  summons  for  further  consideration  before  the 
chief  clerk  when  order  made  in  accordance  with  terms 
of  minutes  of  proposed  order 

Or  attending  summons  for  further  consideration  before 
the  chief  clerk  when  on  the  request  of  solicitor 
summons  adjoiirned  into  court 

If  adjourned  into  CO iirt,  charge  for  .         .         .         . 

Drawing  brief  for  counsel  to  appear  on  adjourned  sum- 
mons, fo.         at  per  folio 

Making  two  copies  of  same  for  counsel  at  per  folio 
each    .         .         .         .         .         

Making  two  copies  of  administration  order,  fo.  and 

chief  clerk's  certificate,  fo.  together,  folio  , 

'    for  counsel,  at  per  folio  each 

Attending  Mr.  Q.C.,  with  same 

Paid  fee  to  him  and  clerk       .... 

Attending  Mr.  with  same 

Paid  fee  to  him  and  clerk       .... 

Attending  Mr.  appointing  consultation 

Paid  fee  to  him  and  clerk       .... 

Attending  Mr.  appointing  consultation. 

Paid  fee  to  him  and  clerk       .... 

Sittings  fee 

If  agency,  letters,  &c 


Lower  Scale. 

Higher  Scale. 

£     s.     d. 

£      s.      d. 

0     3     6 

0     3     6 

0     6     8 


0     6     8 


0 

1 

0 

0 

1 

0 

0 

0 

4 

0 

0 

4 

0 

0 

4 

0 

0 

4 

0 

6 

8 

0 

6 

8 

4 

6 

6 

4 

6 

6 

0 

6 

8 

0 

6 

8 

3 

5 

6 

3 

5 

6 

0 

6 

8 

0 

6 

8 

2 

9 

6 

2 

9 

6 

0 

3 

4 

0 

6 

8 

1 

3 

6 

1 

3 

6 

0 

15 

0 

0 

15 

0 

0 

6 

0 

0 

6 

0 

Trinity  Sittings,  1878. 

Attending  consultation 0  13     4 

Attending  court  adjourned  summons  in  paper  but  not 

reached,  each  day  until  heard 

Attending  court  when  adjourned  summons  heard  and 

order  made 

Or  according  to  circumstances  not  to  exceed  . 
Close  copy  draft  order  fo.  at  per  folio    . 

Attending  settling  same 

Or  at  the  Taxing  Master's  discretion  not  to  exceed 

Attending  passing  order 

Drawing  Ijill  of  costs  and  copy,  at  per  folio     . 

Warrant  on  leaving  same  copy  and  service     . 

"VVaiTant  to  take  same,  copy  and  service 

If  costs  to  be  j)aid  out  of  fund  in  court    .... 

Service  of  warrants  on  leaving  and  to  tax,  each  at  .     0     2     (5 

Attending   taxing   same  at    per  twenty-five   folios   or 

fractional  part     .         .         .         .         .         .         .         .008 

Paid  for  copy  of  plaintiff's  bill  of  costs,  at  per  folio        .004 

Attending  taxing  .same 

Sittings  fee 0  15     0 

If  agency,  letters,  &c .         .060 

Letters,  messengers,  &c. 


0 

0 

8 

0 

13 

4 

1 

1 

0 

0 

0 

4 

0 

6 

8 

1 

1 

0 

0 

6 

8 

0 

0 

8 

0 

4 

6 

0 

4 

6 

plaintiff's  costs  of  action  for  appointment  of  receiver.     GCo 


PLAINTIFF'S  BILL  OF  COSTS  OF  ACTION  FOR  APPOINTMENT 
OF  RECEIVER  AND  FOR  AN  INJUNCTION,  IN  WHICH  STATE- 
MENT OF  CLAIM  AND  DEMURRER  TO  SAME  WAS  FILED, 
AND  ON  THE  LATTER  BEING  DISALLOWED  THE  COURT 
DIRECTED  THE  ACTION  TO  BE  HEARD  AS  A  SHORT 
ACTION. 

In  the  High  Court  of  Justice. 

CHANCERY  DIVISION. 
Between  Plaintiff, 

AND 

Defe7idant, 

Bill  of  Costs  of  the  Plaintiff  in  this  Action  to  he  taxed  as  between  Solicitor 
and  Client,  pursuant  to  Judgment  dated  the  day  of  187    . 

Hilary  Sittings,  187     . 

Lower  Scale.   Higher  Scale. 
£     s.     d.         £     s.     d. 

187     ,  February. 

Instructions  to  sue 068        0134 

Certificate  of  lower  scale 050        000 

Writ  of  summons 068         0  13     4 

If  the  i)laintiff  is  a  married  woman  or  an  infant,  charge 
Drawing  authority  and  attending  and  obtaining  consent 

of  Mr.  to  sue  in  his  name  as  next  friend 

Special  indorsement 0     5     0        0     5     0 

Attending  Mr.  with  same  to  settle    .         .         .034        068 

Paid  fee  to  him  and  clerk 136         136 

Paid  issuing  writ •         .050        0  10     0 

Making  four  copies  of  writ  for  service,  folio  ,  at 

per  Mio  beyond  2 0  12     0        0  12     0 

Service  of  same  on  the  four  defendants,  at  5s.  each        .10    0         10    0 

Further  allowances  may  be  made. 
Mileage  for  each  mile  beyond  two  .         .         .         .010         010 

If  writ  sent  to  agent  to  be  serv'ed  . 
Writin"  to  agent  with  same,  and  afterwards  with  his 

Charles       ! 0     7     0         0     7     0 

Paid  agent's  charges 

If  undertaking  is  given  to  appear  .         .         .         .         . 
Attending  Mr.  on  his  accepting  service  of  writ 

and  giving  undertaking  to  appear       .         .         .         .068         068 
Drawing  and  engrossing  affidavit  of  service,  at  per  folio     0     10        0     10 

Preparing  exhibit .010         010 

Paid  commissioner  taking  defendant's  oath  and  marking 

exhibit       .         . <'     :2     <>         0     2     6 

Making  copy  affidavit  to  be  marked  as  an  office  copy,  at 

periblio     .         .         .  .0040 


(3(54  APPENDIX   III. 

Lower  Scale.    Higlicr  Scale. 
£     s.      d.  M,     s.      d. 

0     2     0         0     2     0 

Paid  filing  affidavit        •         •,. 0     0     2         0     0     2 

Paid  for  office  copy,  at  per  folio     .         ...         •         • 
Attending  plaintitf  on  his  calling,  conferring  AMti  h  m 
fully  thereon  in  reference  to  this  action  when  he  de- 
sired that  immediate  application  shouldhe  made  lor 
an  appointment  of  a  receiver,  and  for  injunction  to 

restniin  the  defendants  from  selling  the  property        •     ^     ^     »         ^^'^3 
Attending  appointing  conference  with  counsel       .         •     ^     ^     J         16     0 
Paid  conference  fee  to  him  and  clerk     .  _        .         •         • 
Attending  conference  when  counsel  advised  that  an  ap- 
plication  should  be    made  for  appointment    ^^    '^  ^        0  13     4 
receiver  and  injunction       .         .         •        '      ,'     ■   ' 
Drawing  brief  for  counsel  to  move  for  leave  to  give 
short  notice  of  motion  and  fair  copy  .         .         •         • 

Attending  counsel  with  same 

Paid  fee  to  him  and  clerk      ._        •         •         •      .  •       , ' 

Attending  court  on  application  when  leave  given   to 

serve  notice  for .         .         •         -         •      ^  '  ,.     '    •     " 

Drawin"  notice  of  motion  for  appointment  ot  receiver 

and  injunction,  folio         ,  at  per  folio 
]\Iaking  copy  for  service,  at  per  lolio     .         .         •         • 

Service  of  same 

Attending  to  retain  Mr.  

Paid  retainer  to  him  and  clerk       •.        •         •         '  .      'f 
Instructions    for    affidavit   of    plamtili  m   support   ot 

motion        .         •         •         '      t't       ' 
Drawing  same,  folio         ,  at  per  loiio     .         .         •         • 
Attending  counsel  with  same  to  settle    .         .         .         • 

Paid  fee  to  him  and  clerk       .      _ 

Instructions  for  statement  of  claim        .         .         •         • 

Drawing  same 

Or  per  folio  .  •  •  •  •  '  ■  /  t'  i 
Making  copy  of  will,  &c.,  to  accompany  instructions  to 
counsel  to  settle  same,  at  per  folio  .  .  •  • 
Attending  counsel  with  same  to  settle  .  .  •  • 
Paid  fee  to  him  and  clerk  .  •  '  'c  ,'■  f 
Engrossing  affidavit  of  plaintiff  in  support  of  notice  ot 
motion  for  appointment  of  receiver  and  injunction,  at 

per  folio      .         •         •         • 

Preriaring  exhibits,  eacli  .         •         •         • 

Attending  plaintiff  on  his  being  sworn  to  same  before  a 
commissioner      .         •         •         '    ,     '   ,      '  i      '  i  •    " 
Paid  commissioner  taking  defendant  s  oath  and  marking 

exhibits  .  .  •  '-,','  ,i'  '  ,,1 
Making  copy  affidavit  to  be  marked  as  an  office  copj,  at 

]ier  folio      ..•••••'' 

Paid  filing  affidavit 

Paid  for  office  copy,  at  per  folio      ..     •         \.  .-     r' 
Notice  of  filing  same,  copy  and  service  on  solicitois  lor 

defendant  .  .  •  •  •  ;  r-  i  *  *  „„  i, 
Service  on  the  solicitors  for  the  other  dtfendants,  ead 
Attending   defendant's  solicitors  on  their  calling,  and  ^^     ^         ^^     ^ 

conferring  with  them  thereon 


0     6     8 

0     6     8 

0     3     4 

0     6     8 

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1     3     6 

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0  13     4 

0     1     0 

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0     0     4 

0     2     6 

0     2     6 

0     3     4 

0     6     8 

1     3     6 

1     3     6 

0     6     8 

0     6     8 

0     10 

0     1     0 

0     3     4 

0     6     8 

1     3     6 

13     6 

0  13     4 

2     2     0 

0  10     0 

1     1     0 

0     10 

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0     0-4 

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2     4     6 

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0     6     8         0     6 


0 

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2 

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0 

0 

4 

0 

0 

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0 

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Lower  Scale. 

Higher  Scale. 

£ 

s. 

d. 

a 

s. 

d. 

0 

0 

8 

0 

f) 

8 

0 

1 

0 

0 

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8 

1 

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plaintiff's   costs  of  action  for  APPOINTMRNT  of  RECE;VEn.      065 


Instructions  for  furtlier  aflidavit  of  jilaintilT  in  support 
of  notice  of  motion  for  a]iii(iintni('iit  of  a  receiver  and 

injunction 

Drawing  same,  folio         ,  at  per  folio     .... 
Attending  counsel  with  same  to  settle   .... 

Paiil  fee  to  him  and  clerk 

Engrossing  athdavit,  at  jx-r  fulio     ....         * 

Preparing  exhibit 

Attending  plaintiif  before  a  comniissicjner  on  his  l)eing 
sworn  til  same     .......        ^ 

Paid  commissioner  takijig  defendant's  oath  and  marking 
exhibit        .-......" 

Making  copy  alhdavit  to  be  marked  as  an  office  copy,  at 

per  folio 

Paid  tiling  affidavit 

Paid  for  office  copy,  at  per  folio 

Notice  of  tiling  same,  copies  and  services  on  defendant's 
solicitors     ......... 

Service  on  the  solicitors  for  other  defendants,  each  at   . 
Paid  for  copy  affidavit  of  ,  folio  ,  at  per  folio 

Perusing  same,  at  per  folio 

If  agency  close  copy 

The  like  charges  for  further  affidavit  tiled  in  opposi- 
tion to  motion. 
Instructions  for  brief  for  ai)pointment  of  receiver  and 

for  writ  of  injunction 

Dra\ying  same,  folio  ,  at  ])er  folio 

Making  two   copies   of  same  for  counsel,  at  per  folio, 
each    ......... 

The  like  two  copies  of  notice  of  motion  for  counsel, 

at  per  folio  each 

The  like  for  copies  of  writ  of  summons  for  counsel,  at 
per  folio  each     ........ 

The  like  for  copies  of  afiidavit  of  ])laiiitiir  in  sujiport  of 
motion  and  exhibits  therein  refeired  to  for  counsel, 
at  ])er  folio  each  ....... 

Tiie  like  for  cojjies  of  athdavits  fih-d  in  opposition  to 
motion  for  counsel,  at  per  folio  each  .... 

Tlie  like  for  copies  of  will,  &c.,  for  counsel,  at  per-  folio 

each 

Attending  Mr.  ,  g.C,  with  same       !         .'         ! 

Paid  fee  to  him  and  clerk 

Attending  Mr.  with  same         .         .         .         . 

Paid  fee  to  him  and  clerk 

Attending  Mr.  ,g.C.,  appointing  consultation    '. 

Paid  lee  to  him  and  clerk       ...... 

Attending  Mr.  appointing  consultation     . 

Paid  lee  to  him  and  clerk 

Attending  consultation  with  counsel      .... 
Attending  court  when  motion  made,  and  the  Judge  ap- 
pointed the  phtintitr  and  some  of  the  defendants  to  be 
receivers  without  giving  securitv,  tliey  undertaking  to 
act  without  salary,  and  granted' the  injunction  .         .     0  13     4         110 


0 

13 

4 

1 

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0 

0 

1 

0 

0 

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0 

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0 

4 

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0 

4 

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0 

4 

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0 

4 

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0 

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0 

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0 

4 

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QQQ  ArrENDix  III. 

Lower  Scale.    Higlier  Scale. 

Attending  the  registrar  With  brief  ana  papers  and  be-     ^    ^    ^ 

speaking  draft  order   .         •         •         •         •  _     q     0     4        0^4 

^:XX|?f  c^£se..e      ;        .        .0.0        0.0 

M,u  very  Mly  on  tbe^«>lt  o.  *^j;;tZf  ,laim  for 
^'wrp.°!sd  and  fo.Um\o  settle  san.e  in  coBSuUaUon     ^    ^    ^        ^    ^    , 

with  Mr.  •.-,        •         •         '         ■  246         246 

Paid  fee  to  him  and  clerk  with  ?auie      •         :         •  o     6     8        0     6     8 

iuLding  Mr.        ^    ^  appointing  consultation    .        .    0     ^    ^        ^ 

Paid  fee  to  hiin  and  clerk       .    ,     •         '  i.^+:*  ,,  0     3     4        0     b     ^ 

Attending  Mr.  appointing  consultation     .         ;     ^     3     ,         ^     3     t 

Paid  fee  to  him  and  clerk      .         •         •         •  0134        013< 

t^s^:^^'^"^'^^"''-^'^^'''''''.  0  0  4  00. 

Ex?m41ng  and  coveting  proof  siatement  of  claim,  at    ^    ^    ,_        ^    ^    ^ 

P.rvSeWwil  (mi"-  £         ■  -»»"'  '■^''"'■'  '" 
t.„pt?ateme-„t  todeliv-ev,  at  per  folio  if  pviuted  .        . 
If  written,  at  per  folio  .         •         •         • 
Attending  to  deliver  same      .         '    ,,   ^1^^  araft  order 

nnL"« '''°s.t  ?fr  ^trfotiiSabie  di.c„. 

AttrT:SjpSte.sdi.«.io„nott^^^^^^^ 

''j:SZusH!:S;tee.  and  infJnning  them  of  the  otdo. 
made  appointing  leccivcrs  .        .        •        ;    _^^^.^..^j.  ^ 

l:::;-r„ronlsl«a«:  o«m.t:ia.h  .  . 

Paid  for  order  of  the  mutant  .         •         •         _ 

Attending  passing  same  •         :     ^^ers  for  service  on 

AtSritnrrrmo,^  <-o'  f--"- «-  - 

plead  or  demur  when  order  made        .         • 

Sittings  fee    •••*■■'.. 
If  agency,  letters,  6:c.    . 

Easter  ^ittiiKj''',  187     . 

Attending  defendant's  summons  for  further  time  to  ^ 

Irte^v.eKp;^";v;.m;:n,a.i.orro,io-         !         .     0     0     4         0 


0     0     2 
0     0     4 
0     3     4 

0     0 
0     0 
0     6 

0  6     8 

1  1     0 

0  13 
3     3 

0     3     6 
0     4     0 
0     2     6 
0     3     0 
0     6     8 

0     3 

0     4 
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0    6 

,068 
,     0  15     0 
.060 

0    c 
0  li; 
0     ( 

I'i.aixtut's  costs  of  action  for  appointment  of  receiver. 


007 


If  printed,  at  per  folio 

Instructions  to  amend  statement  of  claim      ."         *         ' 

Drawinj,'  amendments 

Or  per  folio .         . 

Attending  Mr.  with  same  to  settle      '.         '. 

Paid  fee  to  him  and  clerk 

Inserting  amendments  in  original  . 

Or  i^er  folio 

Coj^y  amendments  for  printer,  at  per  folio 

Examining  and  correcting  proof  of  the  whole  priiit,  at 

per  lolio 

Paid  printer's  bill 

Copy  of  amendments  of  statement  of  claim,  at  per  folio 

It  the  amendments  in  writing,  inserting  amendments 

Or  per  folio °        _ 

Engrossing  amendments,  at  per  folio  .*  ! 
Attending  to  deliver  each  copy  ....".' 
Attending  defendant's  solicitors  on  their  calling  and  in- 
forming us  that  they  had  just  set  down  the  demurrer 
and  had  arranged  that  tlieir  counsel  should  apply  to 
the  court  to-morrow  for  leave  to  advance  it  in  Mon- 
day's paper,  and  requesting  us  to  instruct  counsel  to 

appear  and  consent 

Drawing  brief  for  counsel  to  consent  and  fair  copy 
Attending  Mr.  with  same .         .         ,         . 

Paid  lee  to  him  and  clerk 

Attending    court  when  application  made  for  leave  to 

advance  demurrer  when  leave  given 
Drawing  brief   for  counsel   to   appear   on "  behalf    of 

plaintitt  on  hearing  of  the  demurrer,  at  per  folio 
Making  two   brief  copies  of  same  for  counsel,  at  per 

lolio ^ 

Making  brief  copy  of  will  and  other  documents  for  the 
senior  counsel,  at  per  folio  .... 

Making  two  copies  of  statement  of  complaint  for  counsel 

if  written,  at  per  folio  each 
If  printed,  at  per  folio  each    ...... 

Two  copies  of  denuuTcr  for  counsel,  if  written,  at  per 

folio ' 

If  printed,  at  per  folio  each  . 

Attending  Mr.  ,  Q.c,  witli  brief  and  papers     ." 

Paid  fee  to  lnm  and  clerk       ... 
Attending  Mr.  with  brief 'and  paper^        '. 

Paid  fee  to  him  and  clerk 

Attending  Mr.  .  Q.C,  appointing  consultation  ' 

Paul  lee  to  him  and  clerk       .         .         .         . 
Attending  Mr.  appointing  cuiisultatinn     '. 

Paid  lee  to  him  and  clerk 
Attending  consultation  .         .         .        . 
Attending  shorthand  Avriter  instructing  him   to   take 
notes .         .         ,         _ 

Attending  court,  demurrer  in  pape'r  but  not  reached      .' 
Attending  court  all  day  when  demurrer  partly  argued 


Low 

•er  Scale. 

Uiglier  Scale. 

.€ 

». 

(/. 

JC 

s. 

</. 

0 

0 

2 

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0 

3 

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APPENDIX  in. 

raiashoHW  ..iter  foH..anona.nce,taU.g  notes     ^'^ 


d. 


and  transcript  of  same         '  .    /      i  conferring  Avith 


0  13     ^ 

0     4     0 
0     2     6 

0     7     0 
0     5     4 

0  0  4 
8 
6 


him  at  great  lengui  io^i-'^-.-.e,  --  -      _         ^  •     ^  /'     n        0  15     0 

hearing^f  the  demurrer     .         •  •                  .  "     T?     0        0     6    0 

Sitting  fee      •         •         '         '  .         •         •  ' 

If  agency,  letters,  «S:c.     . 

Trivity  Sittings,  187     . 

,      -■•  ^-  <^ 

8 

.  -  '""t   .,  aVv  Avithsame  •         •         '  i     3     6         1     ^     o 

Attending  Ml.         ,    ,,,  .         •         • 

argument  on  cienuu  ^vith  same       •         •         '     o     r,     6         3     5     6 

Attending  Mr.         ,    .l^'     '        .         .         •         •         -068        0     6     8 
raidfeetolumandcleik       .^^^^_         .         .         •         •     «     ^^     «,         2     4 

Attending  Mr.  ,         •         ■  ■      '     n     fi     8         0     6 

raid  fee  to  hmi  aiKUleik       .^^.^^^.^^g  ,,,,,,,, ^^  0     6     8         ^     ^ 

Attending  Mr.                 '  ^'^  '    ^  ^  .         .         .         •  ;^     o     4         0     6 

raidieetolmnandcleik^^      .^^^^^^^  .         •  ^     J     e         1     3 

Attending  Mr.                 ''H              _  _         .         .         •  a 

Paid  fee  to  him  and  •^'leUv       •  f^^her  argued 

*rtySoi;"S!;e^h;;;ngr.ganUotl»d.-.o"    „    „    ,        o  13 

of  the  Judge       .         •         •         "    ^^  ^jj,  calling,  con- 
At  ending  defendant's  Bolicoi^  on  th     ^^  ^^^^^^^^  ,Uis 

f--^^^^^'  ":S^  .^alsrconferring  yitU  ^  0     6 

act  on  down  as  shou,  an  i      „ -^^^tes  of  orders  ■     .    •     ^     " 

»^=iutLS:^sr!>":''^":  :-.  0  0 

;^f  trirtf  tSiS-  r„.  ,^e  .,U,c.  .*.,.«...    0    3    4        0    3 
WriUng^to  each  with  same     .         •         •         "         ' 


0     6 

8 

0     3 

4 

1     3 

6 

0     6 

8 

0     ^ 

.     0 

0     i 

!     6 

0     7     0 

0     ■ 

5     4 

0 

0     4 

,     0 

6     8 

.     3 

5     6 

.     0 

6     8 

.     2 

4     6 

0 

6     8 

2 

9     6 

'.     0 

3     4 

.     1 

3     6 

!d 

>n 
.     0 

13     4 

.     1 

1     0 

I'Laintiff's  costs  of  action  for  aitointment  of  ue  eivku.      GO'I) 

Lower  Scale.    Higher  Scale. 
Attundiii!,'  to  set  dmvii  action  to  be  Iieuid 
Paid  setting  same  down  ...... 

Notice  of  setting'  same  down,  copy  and  service 
The  like  notice  to  tlie  otlier  defendants'  solicitors 
Close  copy  draft  order  of  the  instant,  folio  4 

Notice  to  settle  same,  copy  and  service 

Attendinj,'  settling  same 

Paid  for  order 

Notice  to  pass  same  copy  and  ser\ice     .... 

Attending  passing  same 

Making  2  copies  of  writ  for  the  Judge,  at  ])er  f(dio  eacli 

The  like  statement  of  claim,  fo.         ,'  at  per  folio  each 

If  printed,  folio  ,  at  per  folio  each 

The  like  denmrrer,  folio  ,  at  per  folio  each  . 

If  printed,  folio  ,  at  per  folio  eacli 

Tlie  like  co])j  proposed  minutes  of  judgment,  folio 

Attending  the  Judge's  secretary  with  same    . 

Instructions  for  l)rief     ....... 

Drawing  same,  folio  ,  at  per  foli(j  .         . 

Making  two  copies  of  same  for  counsel,  at  per  folio  eich 
Making  two  brief  cojues  of  ])roposed  minutes  of  judg- 
ments for  counsel,  folio  10,  each 
Attending  Mr.  ,  Q.C.,  with  same 

I'aid  fee  to  him  and  clerk 

Attending  Mr.  with  same 

Paid  fee  to  him  and  clerk 

Attending  Mr.  ,  Q.C.,  appointing  consultation  . 

Paid  fee  to  him  and  clerk       .         .         .         . 

Attending  Mr.  appointing  consultation     . 

Paid  fee  to  him  and  clerk       ...... 

Attending  consultation  ....... 

Attending  court  when  action   heard  as  short,  and  judg- 
ment according  to   minutes   with  certain  suggested 
alterations  made  by  the  Judge,  giving  the  defemlants 
their  costs  of  demurrer,  and  as  to  em^uiries  to  be  re- 
ferred to  chambers      .         .         .         .         .         .         .     0     G     8         0  1"]      1 

Or  according  to  circumstances  not  to  exceed  .         .         .110         2     ■*     0 
Attending   tlefendant's  solicitors  on  their  calling,  and 
conferring  with  them  in  reference  to  the  form  of  tlie 
minutes,  and  as  to  getting  them  signed  by  the  junior 

counsel.andconferring  with  them  fully  on  the  inatter     0     G     8         0  i;^     4 
;Makiiig  fair  copy  of  draft  minutes  as  altered  by  the 

Judge,  for  counsel  to  sign 

Attending  Mr.  with  same  .... 

Paid  fee  to  him  and  clerk       ...... 

Attending  jdaintilf  in  long  interview  with  reference  to 
the  hearing  of  this  action,  and  as  to  the  form  of  the 
judgment,  and  conferring  with  him  thereon       .         .     0     G     8         0     G     8 
Attending  the  registrar  with  lirief  and  jjapers,  and  be- 
speaking draft  judgment 

Close  copy  draft  judgment,  folio  ,  at  jicr  folio 

Notice  to  settle  same,  copy  and  service 

Every  notice  on  the  solicitors  after  the  first,  each  . 


£ 

s. 

(/. 

£ 

s. 

a. 

0 

6 

8 

0 

(\ 

8 

1 

0 

0 

2 

0 

0 

0 

4 

0 

0 

4 

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0 

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0 

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0 

0 

0 

4 

0 

0 

4 

0 

G 

8 

0 

G 

8 

0 

G 

8 

0 

13 

4 

o 

10 

0 

5 

10 

0 

0 

G 

8 

0 

G 

8 

3 

5 

G 

3 

5 

G 

0 

(J 

8 

0 

G 

8 

2 

9 

G 

2 

9 

G 

0 

3 

4 

0 

6 

8 

1 

3 

G 

1 

3 

(5 

0 

13 

4 

0 

13 

4 

0 

3     4 

0 

3     4 

0 

3     4 

0 

G     8 

1 

3     G 

1 

3     G 

0     G 

8 

0 

G 

8 

0     0 

4 

0 

0 

4 

0     4 

0 

0 

4 

0 

0     4i 

G 

0 

2 

G 

G70 


APPENDIX   HI. 


Lower  Scale.    Higher  Scale. 
£     s.      d. 


Attendingbefore  the  registrar  settling  draft  judgment  .     0     6     8  0  13 

Or  at  the^Taxing-Master's  discretion  not  to  exceed  •     J     J     «  ^40 

Notice  to  pass  judgment,  copy  and  service    .         .  -^26  026 

The  like  notice  to  solicitors  for  the  other  defendant.  •     0  ^2     6  u     ^     ^ 

Paid  for  judgment         .         •         •.•         •         '         "068        0  13     4 

Attending  passing  same         •.     .  • 

If  no  other  proceedings  m  this  sitting  .         .         •         -^^^^         0150 

Sittings  fee     . 060         060 

If  agency,  letters,  &c. '.050         0100 

T.pttPTs  messengers,  &c.  •         •         •         ■         '         \ 

(1;    0  the'cost's  of  the  reference  to  chamhers  and 
Miearing    action    on  further    coiisideration,   add 
similar  items  as  charged  in  p.  61  - .) 
If  the  demurrer  dismissed  Avith  costs,  charge  for- 
Making  copy  order  for  the  Taxing-Master,  folio  '     ^     ^     4        0     0     -1 

at  per  folio  -,'[']' 

If  action  not  previously  releriecl    •.•.•-,•,         : 
Attending  the  Sitting  Master  .vith  original  order  to  get 

same  referred      .         •         •     ^  ;.       '         'of  ^pi- folio 
Drawing  hill  of  costs  and  copy,  folio       _     ,  at  pei  toiio 
Warrant  on  leaving  same,  copy  and  service    . 
Warrant  to  tax  same,  copy  and  service  .         .         •         • 
ItSng  taxing  same,' at  per  25  folios  or  fractional 

part    .         •         •      ./. 

Certificate  and  transcriljing    .        :.       "  ^     ' 
Attending  to  file  same  and  bespeaking  othce  copy 

Paid  for  ofhce  copy 

•      Sittings  fee     .         .         •         •         •         •         ;         ;         ] 
If  agency,  letters,  (kc 

Defendant's  Costs  of  Demurrer. 
Trinity  Sittings,  187     . 

Tnstnictions  for  demurrer       .         •    .     *    ^    1     1  '    i.i  ' 
(In Cher  scale  actions  the  Taxing-Master  has  the 

power  to  increase  this  allowance.)  .050        0  10 

Drawing'  same ,010        01 

§Li;Sg^py"of -ill  and  other  doc^ie^^^^  ^     ^ 

to  settle  draft  demurrer,  at  per  ioho  .         .         •  '     ^    ^     g  0     6 

Attending  Mr.                with  same          .         •         •  "246  24 

Pnid  fee  to  him  and  clerk       .         •         •         •         •  " 

?riiing  summons  for  leave  to  pl^^^^  ^^  , 

tending  at  chambers  to  get  same  sealed       .         •  "     ^     "^     q  0 

Paid  stamping  same       .- 020  0 

Making  copy  to  leave  at  chamtx-rs          .         •         •  •  ^ 

Or  per  folio !o26  0 

Service  of  same      .         ■         •         •         •         •         "  *     0     6     8  0 

Attending  summons  when  order  made  .         .         •  ;     ^     3     0        0 

Paid  for  order         .         ■         •         •         .'       1  *  0     6     8         0 

Attending  for  order  and  to  get  same  en  ered  r  i- '     n     0     4         0 

MaSgcqwdruiUlcmurrer  for  the  printer,  at  per  folio     0     0     4        0 


0 

6 

8 

0 

6 

0 

0 

8 

0 

0 

0 

4 

6 

0 

5 

0 

4 

6 

0 

5 

0 

6 

8 

0 

6 

0 

2 

0 

1 

2 

0 

6 

8 

0 

6 

0 

3 

0 

0 

3 

0 

15 

0 

0 

15 

0 

6 

0 

0 

6 

0     6     8        0  13 


defendant's  costs  of  i)EMuiu;i:n. 


071 


Examininr;  and  coiTectiiig  proof 

Paid  printer's  charts  (minus  £        received  for  copies) 
Copy  demurrer  to  (leliver,  at  per  folio   .... 

If  written,  at  per  tolio 

If  agency,  close  copy,  if  printed 

If  agency,  if  written 

Attending  to  deliver  same 

Attending  to  set  down  demurrer 

Paid  on  setting  same  down    ...... 

Notice  thereof  copy  and  service 

Two  copies  of  pleadings  and  demurrer  f(jr  the  court,  if 

printed,  at  per  folio 

If  written,  at  per  folio 

Attending  the  Judges  secretary  with  same    . 
Drawing  observations,  at  per  folio  .... 

Making  two  copies  of  same  for  counsel,  at  per  folio  each 
Making  two  copies  of  will  and  other  documents  for 

counsel,  at  per  folio  each 

Attending  Mr.  ,  Q.C.,  Avith  same 

Paid  fee  to  him  and  clerk 

Attending  Mr.  with  same  .... 

Paid  fee  to  him  and  clerk 

Attending  Mr.  appointing  consultation     . 

Paid  fee  to  him  and  clerk 

Attending  Mr.  appointing  consultation     . 

Paid  fee  to  him  and  clerk 

Attending  consultation 

Attending  court,  demurrer  in  paper  but  not  reached 
If  no  other  proceedings  in  this  sitting  .... 

Sittings  fee 

If  agency,  letters,  &c 


Lower  Scale. 

Higher  Sciile. 

£ 

s. 

<l. 

£ 

.I. 

(/. 

0 

0 

2 

0 

0 

2 

0 

0 

2 

0 

0 

3 

0 

0 

4 

0 

0 

4 

0 

0 

2 

0 

0 

3 

0 

0 

4 

0 

0 

4 

0 

3 

4 

0 

G 

8 

0 

6 

8 

0 

G 

8 

1 

0 

0 

2 

0 

0 

0 

4 

0 

0 

4 

0 

0 

0 

2 

0 

0 

3 

0 

0 

4 

0 

0 

4 

0 

6 

8 

0 

G 

8 

0 

1 

0 

0 

1 

0 

0 

0 

4 

0 

0 

4 

0 

0 

4 

0 

0 

4 

0 

6 

8 

0 

G 

8 

5 

10 

0 

5 

10 

0 

0 

6 

8 

0 

G 

8 

3 

5 

G 

3 

5 

G 

0 

6 

8 

0 

G 

8 

2 

9 

G 

2 

9 

G 

0 

3 

4 

0 

G 

8 

1 

3 

6 

1 

3 

G 

0 

13 

4 

0 

13 

4 

0 

6 

8 

0 

10 

0 

0 

15 

0 

0 

l.j 

0 

0 

6 

0 

0 

G 

0 

Michaelmas  Sittuigs,  187     . 
187    ,  November. 

Attending  court,  demurrer  in  paper  but  not  reached 

Attending  court,  demurrer  argued  when  same  overruleil 
with  costs  (or  allowed)       ...... 

Or  according  to  cii'cumstances        ..... 

Close  copy  minutes  of  order,  at  per  folio 

Attending  settling  same 

Or  at  the  Ta.\ing-Master's  discretion  not  to  exceed 

Attending  passing  order 

If  demurrer  allowed,  charge 

Attending  the  registrar  with  brief  and  papers,  and  be- 
speaking draft  order 

Notice  to  settle  draft  order,  co]>y  and  service 

Close  copy,  draft  order,  at  per  I'olio         .... 

Attending  settling  same 

Notice  to  pass  same,  copy  and  service     .... 

Paid  for  order        ........ 

Attending  passing  same  ...... 

Drawing  bill  of  costs  and  copy,  at  per  folio  . 

Warrant  on  leaving  same,  copy  and  service   . 


0     6 


0  10     0 


0 

13 

4 

1 

1 

0 

1 

1 

0 

2 

2 

0 

0 

0 

4 

0 

0 

4 

0 

6 

8 

0 

13 

4 

1 

1 

0 

3 

3 

0 

0 

6 

8 

0 

13 

4 

0 

G 

8 

0 

G 

8 

0 

4 

0 

0 

4 

0 

0 

0 

4 

0 

0 

4 

0 

G 

8 

0 

13 

4 

0 

4 

0 

0 

4 

0 

0 

3 

0 

0 

f) 

0 

0 

G 

8 

0 

13 

4 

0 

0 

8 

0 

0 

8 

0 

4 

G 

0 

5 

6 

672 


APrEKDlX    III. 


Lower  Scale.    Higher  Scale. 


Warrant  to  take  same,  copy  and  service 

If  costs  ordered  to  be  paid  out  of  fund  in  Court,  copy 

and  service  of  these  warrants  would  be  each 

Sittings  fee 

If  agency,  letters,  &c 

Letters,  messengers,  &c. 

If  no  order  proceeding  in  this  sitting,  charge  . 

Similar  charges    as  in  the   plaintitfs'  costs  for  hearing 

action  as  a  short  action  as  charged  in  jip.  6G8 — 670. 


£      s. 

d. 

£      s. 

d. 

0     4 

6 

0     5 

6 

0     2 

6 

0     2 

6 

0  15 

0 

0  15 

0 

0     6 

0 

0     6 

0 

0     5 

0 

0  10 

0 

COSTS  OF  PLAINTIFFS  CREDITORS  WHERE  NO  PLEADINGS 
BUT  THE  WRIT  OF  SUMMONS,  AND  UPON  MOTION  MADE 
FOR  AN  APPOINTMENT  OF  A  RECEIVER,  THE  ORDER 
WAS  MADE,  AND  ALSO  ORDER  FOR  ADMINISTRATION  OF 
THE   ESTATE. 


In  the  High  Court  of  Justice,  1876. 

CHANCERY  DIVISIOX. 
In  the  matter  of  the  Estate  of 
Between 

AND 


No. 


deceased. 
,  Plaintiffs, 

,  Defendant. 


The  Bill  of  Costs  of  Plaintiff^  s  Creditors  of  the  Deceased  Estate  to  he  faxed  as 
leticeen  Solicitor  and  Client,  under  an  Order  dated  the        day  of  , 

1878,  and  to  be  paid  out  of  Fund  in  Court. 

•      Trinity  Sittings,  1876. 

1876,  July. 
Instructions  to  sue         ..... 
Certificate  of  lower  scale        .... 
Writ  of  summons  and  copy  to  fde  and  attending 
In  case  an  infant  or  married  woman,  charge 
Drawing  and  obtaining  consent  of  next  friend  to 

his  name    . 

Special  indorsement       ..... 

Attending  counsel  with  same  to  settle   . 
Paid  fee  to  him  and  clerk       .... 

Paid  issuing  writ  ...... 

Making  copy  of  same  for  service  . 
If  beyond  2  folios,  charge  per  folio 
Attending    plaintiff's    solicitors    and    oljtaining 

undertaking  to  appear         .... 
Writing  to  defendant's  solicitors  as  to  proving  the 

and  appointing  receiver  in  this  estate 
13.  Attending  Mr.  as  to  appointment  of  receiver 

herein,  conierring  fully  thereon  and  on  his  suggestions 


0 

6 

8 

0  13 

4 

0 

5 

0 

0 

6 

8 

0  13 

4 

0 

6 

8 

0  13 

4 

0 

5 

0 

0     5 

0 

0 

3 

4 

0     6 

8 

1 

3 

6 

1     3 

6 

0 

5 

0 

0  10 

0 

0 

2 

0 

0     2 

0 

0 

0 

4 

0     0 

4 

their 
e  will 


0     6     8 


0     3     G 


0     6     8 


0     3     6 


0     6     8         0     6     8 


COSTS   OF   PLAINTIFFS    WHERfi   NO   PLEADINGS. 


673 


vvitli  the  result  of  tlie 


14.  "Writing  to  Messrs. 

.'ippointiuciit,  and  thereon 

Attending  Messrs.  ,  ol)taining  address  oi' 

^r.  ,  the  person  to  be  ap])ointL'd  receiver,  and 

■we  were  to  let  them  know  whether  we  should  briiv^ 
on  the  motion  on  Thursday  next        .         .         .       ° 
Writing  to  ]\Iessrs.  and  informing  theiu  that 

we  should  move  for  an  appointment  of  receiver  to  the 

estate  on  Thursday  next 

Attending  pLiintitis,  conferring  on  the  position  of  tliis 

matter,  and  advising  on  course  to  be  piu'sued     . 
JJrawing  notice  of  motion,  5  folios         .... 

Copy  and  service  of  same        ...... 

Paid  for  coi\v  alhdavit  of  in  sujiport  of  applica- 

tion to  appoint  receiver,  folios  12        .         .         .         . 

Perusing  same 

Instructions  for  affidavit  of  titness  of  proposed  receiver.' 

Drawing  same,  folios  4 [ 

Attending  deponent,  reading   over  draft   and   oil   hi.s 

agreeing  to  same 

Engrossing  affidavit        .....'.'* 

Attending  deponent  to  be  sworn  to  same 

Paid  com nussioner  taking  deponent's  oath     .         !         '. 

]\Iaking  copy  to  be  marked  as  an  office  copv  . 

Paid  filing  affidavit         .         .         .         .     "   . 

Paid  fi  ir  office  copy 

Notice  thereof  copy  and  service 

Instructions  for  brief      ...... 

Drawing  same  and  fair  copy  .....' 

Making   copy  affidavit   and  copy  proljate  for  counsel' 
folios  12      .....         _ 

The  like  of  wiit 

The  like  of  notice  of  motion 

Attending  Mr.  with  same  .         .         .         . 

Paid  fee  to  him  and  clerk [ 

Attending  defendant's  solicitors  arranging  that  motion 
should  not  Ite  taken  before  Monday,  and  attending 
counsel  arranging  with  him  .  .  .  .  ° 
Attending  counsel,  motion  to  a]ipoint  ri'ceiver  heard  and 
order  made,  and  also  order  for  administration  of  the 
estate  subject  to  action  being  set  down  as  of  to-day 
Writing  to  Mr.  informing  him  of  his  having 

been  appointed  receiver,  and  as  to  his  taking  necessary 

steps  to  protect  the  estate 

Writing  plaintiffs  informing  them  of  the  order  made  to- 
day      

Attending  at  registrar's  (.Mr.  "     ),  leaving  brief  and 

affidavits  for  order  to  be  drawn  up      .... 

Attending  defendant's  .solicitors,  conferring  with  them 

hereon,  and  as  to  the  completing  the  appointment  of 

receiver  and  arranging 

Close  coi)y  draft  order,  folios  «..!.".' 
Notice  to  settle  sauie  copy  and  service 


Lower  Scale. 

,t       S.        (/. 


IliKlier  Scale. 
£     s.      it. 


0     3     0         0     3     G 


0     ()     8        0     0     8 


0     3     0         0     3     0 


0 

G 

8 

0 

0 

8 

0 

5 

0 

0 

5 

0 

0 

4 

2 

0 

4 

2 

0 

4 

0 

0 

4 

0 

0 

4 

0 

0 

4 

0 

0 

G 

8 

0 

0 

8 

0 

4 

0 

0 

4 

0 

0 

0 

8 

0 

0 

8 

0 

1 

4 

0 

1 

4 

0 

6 

8 

0 

0 

8 

0 

1 

6 

0 

1 

0 

0 

1 

4 

0 

1 

4 

0 

2 

0 

0 

2 

0 

0 

0 

8 

0 

0 

8 

0 

4 

0 

0 

4 

0 

1 

1 

0 

2 

2 

0 

0 

G 

8 

0 

13 

4 

0 

4 

0 

0 

4 

0 

0 

2 

0 

0 

2 

0 

0 

1 

8 

0 

1 

8 

0 

{) 

8 

0 

G 

S 

2 

4 

0 

2 

4 

G 

0     0     8         0     0     8 


0  13  4 

0  3  0 

0  3  0 

0  0  8 


0  0  8 
0  2  8 
0     4     0 


1  1  0 

0  3  0 

0  3  0 

0  0  8 


0  0  8 
0  2  8 
0     4     0 


C74  APPENDIX    III. 


Attentliiig  settling  same 

Preparing  summons  to  proceed  on  order,  and  attending 
to  get  same  sealed       ....... 

Paid  stamp 

]\Iaking  copy  to  leave  at  Cliamljcrs         .... 

Copy  and  service  of  same        ...... 

Attending  defendant's  solicitors,  conferring  on  tlie  Lnsi- 
ness  and  arranging  for  them  to  press  forward  the 
completion  of  the  receiver's  security  .... 

Making  copy  order  for  Chamhers 

Attending  appointment  to  pass  order,  same  adjourned 
till  t()-morro\v, print  not  received  from  printers, though 
promised  to-day .         ....... 

Attending  setting  down  cai\sej'?'o/i9?-?/uf 

Paid  setting  same  down  ...... 

Correcting  proof  of  older        ...... 

Paid  for  order 

Kotice  to  pass  same,  copy  and  service     .... 

Attending  passing  same 

Paid  for  copy  draft  receiver's  recognizance,  folios  10 

Paid  for  copy  affidavit  of  receiver  as  to  fitness  of  agent 
at  Colombo 

Perusing  same 

Paid  for  copy  affidavit  of  as  to  outstanding 

estate,  folios  7     .......         • 

Perusing  same        ........ 

Attending  appointment  when  amount  of  receiver's  re- 
cognizance settled  at  £  sureties  a]iproved,  subject 
to  the  usual  affidavits  of  justitication,  draft  recogniz- 
ance settled,  and  ordered  to  be  engrossed  and  executed 
to-morrow,  and  aj)pointment  adjourned  to  inst.  at 
,  to  complete  and  certify  the  recognizance  ;  direc- 
tions given  on  the  several  enipiiries  under  the  decree, 
advertisement  ordered  to  Ijc  i)re})ared  and  enquiries 
to  be  answered  by  tlie  ,  and  number  of  advertise- 
ments and  pai:)ers  to  be  settled  and  adjourned  appoint- 
ment to  ,  we  in  the  meantime  to  ascertain  what 
papers  circulated  in  Ceylon  in  which  the  advertise- 
ment could  app(-'ar 

Attending appiiintment  on  cliiefclrrk  settling  receivei'.s 
recognizance        ........ 

Engrossing  advertisement,  folics  ().  .  .  .  . 
I'aid  stamjiing  same        ....... 

Attending  lo  get  same  signed  .  .         .  .         . 

Attending  before  the  chief  clerk  tin  his  settling  bis  cir- 
tificate  as  to  security  being  given        .  .         .  . 

Engrossing  ceitilicutci      ....... 

Atteniling  on  same  being  si;^iied    .         .         .         .         . 

Making  c<)])y  so  l;e  marked  as  an  oliice  co]iy  . 

Attending  to  file  same  and  besjioiik  ollioe  copy 

Paid  for  office  cojiy  ....... 

Attending  to  insert  advertisement  in  London  Cazette    . 

Paid  for  insertion  and  copy  Uazette, 


lOWl 

Br  Scale. 

Higher  Sc 

& 

s. 

d. 

& 

s. 

0 

6 

8 

0 

13 

0 

3 

0 

0 

6 

0 

2 

0 

0 

3 

0 

2 

0 

0 

2 

0 

3 

6 

0 

4 

0 

6 

8 

0 

6 

0 

2 

8 

0 

2 

0 

G 

8 

0 

6 

0 

(> 

8 

0 

6 

1 

0 

0 

2 

0 

0 

1 

4 

0 

1 

0 

10 

0 

1 

0 

0 

4 

0 

0 

4 

0 

(j 

8 

0 

13 

0 

3 

4 

0 

3 

0 

2 

4 

0 

2 

0 

2 

4 

0 

2 

0 

2 

4 

0 

2 

0 

2 

4 

0 

2 

0 

13 

4 

1 

6 

0 

G 

8 

0 

13 

0 

2 

0 

0 
1 

2 
0 

0 

G 

8 

0 

G 

0 

G 

8 

0 

13 

0 

3 

4 

0 

3 

0 

G 

8 

0 

() 

0 

3 

4 

0 

3 

0 

G 

8 

0 

G 

0 

1 

8 

0 

1 

0 

G 

8 

0 

0 

Higher  Scale. 
£      1.      <l. 

0 
0 

(', 
G 

0 

8 

0 

C 

8 

0 

G 

8 

0 

0     8 

0  13 

4 

0 

1     8 

0     1 

8 

0 

(5     8 

0  13 

4 

0 

G     8 

0  13 

4 

COSTS  OF  I'LAINTirrs  (»N  M(n'IOK  lOIt  AITOINTMKN'r  VV  IlKt  KIVKl:.    i')7') 


Making  3  copios  of  advertisement  to  inseit  in  otlicr 

papers,  fcjlio.s  G 0     G     0 

Atti'iuliiij,'  to  insert  same  in  .... 

Paid  lor  insertions  and  C(i|>ics  (it"  papers  . 

Attt'iidin;.,'  to  insert  same  in    .         .         .         .         .         .     0     G     8 

Paid  for  insertions  and  tupius  of  papei-s  .... 

Attending  to  insert  same  in  .... 

Paid  I'or  insertions  and  eopies  of  i)apers 

"Writing  to  defendant's  solicitors  with  information  asked 

by  tliem  as  to  tlie  advertisement         .         .         .         .     0     3     G         0     3     G 
Attending  snmm<'ns  liefore  tin-  chief  clerk  taken  out  hy 

the  defendant  on  behalf  of  the  receiver  to  appoint 

an  agent  at  Colombo  to  investigate  the  acconnts  of 

tlie  film  of  ,  and  to  tvscertain  whether anytliing 

was  due  to  the  deceased  estate  wlien  order  made 
Close  copy  draft  order,  folios  .")..... 
Attending  settling  same.         ...... 

Attending  pa.ssing  &ime 

AVriting  to  defendant's  solicitors  in  answer  to  theirs,  that 

all   the  advertisements   had   appeai-ed    except    those 

ordered  to  be  inserted  in  the  ,  of  which 

pa]>er  we  hail  no  copy 03G         036 

Writing  to  defendant's  solicitors  with  ex]ilanation  and 

in  answer  to  theirs,  as  to  Mr.  intended  to  sell 

some  of  the  furniture  in  the  house  at  ,  under 

a  post-nuptial  settlement,  dated       years  ago,  and  re- 

(jUesting  to  know  whetlier  they  would  object  to  our 

seeing  tlie  deed  of  settlement  and  counsel's  opinion 

referred  U>  in  their  letter 03G         050 

"Writing  to  defendant's  solicitors  and  informing  them 

we  would  atten<l  the  ai)pointment  to-moirow     .         .     0     3     G         0     3     G 
Attending  defendant's  solicitors  when   they  lent   us  a 

cojiy  ot  the  settlement,  and  informed  us  that  they  liad 

jmt  olf  the  sale  for  a  few  days  in  order  that  i)laintitrs 

might  consider  what  stijis  tliey  would  take         .         .     0     G     8         0     G     8 
Making  copy  settlement  to  keep,  folios     ,  at  4<^  per  fidio 
Instructions  for  counsel  to  advise  as   to  whether  the 

settlement  wo\ild  be  valid   against  the   plaintiffs  as 

creditors  of  the  deceased,  and  wliether  steps  ought  to 

be  taken  to  obtain  an  injunction  to  stay  the  .sale 
Drawing  same  and  fair  cojiy,  folios  G      .... 

Attending  counsel  therewitli  ...... 

Paid  fee  to  him  and  clerk       ...... 

Attending  defendant's  sDlicitoi-s,  conferring  very  fully 

as  to  counsel's  opinion  ami  the  steps  plaintiifs  would 

take,  and  returnijig  them  copy  settlement  .         .         .     0     G     8         0     C     8 
Writing  to  the  noeiver,  reijuesting  to  know  if  he  could 

inform    the    jilaintiil's    if    there   were   any   creditoi-s 

against  the  estate  who  existed  at  the  date  of  settle- 
ment   0     3     G         0     3     G 

Attending  the  receiver,  conferring  with  him  as  to  what 

steps  should  be  tiken  with  regard  to  the  property  in 

(juestion      .         ,         .         .     '    ,         .         .         .  '      .     0     G     8         0     G     8 

X  X  2 


0 

G 

8 

0 

G 

8 

0 

8 

0 

0 

8 

0 

0 

() 

8 

0 

G 

8 

o 

4 

G 

2 

4 

G 

AFPE^JDIX    III. 

67G 

Lower  Scale.    Higher  Scale. 
£     s.      d.  d     s.      d. 

Writiagtoaefeudant'sBolicitor.  as  to  the  st.ps  plaintiff.     ^     ^     ^        ^     ^     ^ 
intended  to  take         •         •         •         '  ^  to  l)e 

Paid  stamp     .         •       , ;,       ,"  ^,,^ 

Drilling  atfidavit  iu  support  ot  .anie,  tolio.  4         ^         ^ 
Eno-rossing  same     .         •         •         "         '  ^         . 

Paid   commissioners  tee  takin^   u^i 

marking  3  exhibits     .         •         ;    ^^^  '^^^  ^,j^^g  ^^py     . 
leaking  copy  attidaMt  to  oc  num 

Paid  tiling  affidavit         ••••_■_. 
Paid  for  ottice  copy         •         '  i       '  ;  ...  ' 
Kotice  of  liliiig  same,  ^fP^,.^;^ '^^^j^  derk  for  direc- 
Attending  appointment  ^^^  ^    -  J^\^|^f  to  amend  muni- 
tions, .vhen  he  gave  1  ^^l^^^'^t'"^^^^^^ 

he  ordered  to  ^^el^Jf  "1  ,       ^,,^^^  ,^11,  Init  m  order 

t^S  Se"|;i.M«.  wo"fl  have  to^  up.et  the    ^    ^    ^        „  ,3 


0 

6 

8 

0  13 

4 

0 

2 

0 

0     3 

0 

0 

1 

0 

0     2 

0 

0 

3 

6 

0     4 

6 

0 

4 

0 

0     4 

0 

0 

1 

4 

0     1 

4 

0 

3 

0 

0     3 

0 

0 

6 

8 

0     6 

8 

0 

4 

6 

0     4 

6 

0 

1 

4 

0     1 

4 

0 

2 

0 

0     2 

C 

0 

0 

8 

0     0 

e 

0 

4 

U 

0     4 

C 

settlement.         •         *   n-  •.-,..,  informing  them   that 
Attending  defendant  s  so     do  .into  m^^^^  ^^^^  ^^^^^^_ 

phiintilfswerenotinaposi  loni         i  ^^^^..thing 

Lilt  at  i--^^^|.^!^\^^:j1i^  ^:i:;d;itodoso,th.y 

occurriivj;  thereaitei ,  to  uiauiB  ]  1  .000         u     v.. 

Sdluive  to  surcharge  the  defendant      .         •         •      ^^  ^.     ^         ,3^5 

Sittings  fee     .         •         •         •         •         ■ 


0     6     8         0     6 


Michaelmas  Sittings,  1876. 

the  accounts        ._        •         •        „  ^    ^d  hy  the 

Attending  the  [oceiver  as^  0  ^1    £     J^^J-,,  ,,aer 

Bank  when  he  promised  ^^s  a  uu  recoverv  ,     ^ 

to  take  immediate    proceeding,    lor  .       \     0     C     8        0     6 

AvS^totli;.phuntiff;fora:siatc;aeni:oftli;iraccount     ^     ^     ^^         ^     ^ 

^^^;^S;}^;;.<Xtt's•solic[tors;vithplainti.f's  state-     ^3^,3 
nient  of  claim     .  •         •  "     ,      po.^ition  of  the 


COSTS  OF  PLAINTIFFS  ON  MOTION  Foil  Ari'OINTMENT  OF  RECEIVER.    G77 

Lower  Sralc.    lIi;,'lior  Scale. 
iC      s.      d.  jC      s.      (/. 

formal  dt'inand  to  l)e  made  upon  llie  liauk  to  rcfuml 

£        ,  and,  if  tlioy  refused,  a  case  should  be  laid  ])efore 

counsel  to  advisu  {ilaintill's,  and  in  meantime  securities 

not  to  be  realized  and  api>ointment  adjourned  .  .110  2  2  0 
Writiii;.,'  to  plaiutiflV  solicitors  as  to  the  result  of  ap- 
pointment for  adjudication  of  claims,  they  not  having' 

attended  the  ai)pointment 0     .3     0         0     .3     G 

Paid  for  copy  list  of  claims,  folios  32     .         .         .         .     0  12     8         0  12     H 

Paidfor  copy  list  r>.,  folios  20 0     G     8         0     (>     8 

Paid  for  copy  alUdavit  of  folios  IG         .         .         .054         054 

Perusing,'  same .054         054 

Paid  for  copy  aliidavit  of  ,  answeriii;^'  en([uiries, 

and  verifying  accounts  folios  14  ,         .         .         .048         048 

Perusing  .same 048         048 

Attending  appointment  before  the  chief  clerk  on  sum- 
mons for  receiver  to  give  a  ])o\verof  attorney  to  agent 

in  Colomljo,  when  same  adjourned  for  athdavit  verify- 
ing corre.s])ondence     .         .         .         .         .         .         .068         0  13     4 

Writing    to    defendanfs   solicitors  in  answer  to   their 

letter  relative  to  the  i;  bill       .         .     _    .         .030         036 

Attending  adjourned  appointment  before  tlie  chief  clerk 

on  behalf  of  the  receiver  for  leave  to  give  power  of 

attorney  to  agent  in  Colombo,  when  further  evidence 

as  to  assets  was  directed  to  be  brought  in  .  .  .068  0  G  8 
Attending   adjourned  appointment  before  chief  clerk, 

further  evitlence  gone  through,  and  order  made  for 

receiver  to  grant  power  of  attornev  to  ,  at 

Colombo ".         .         .         -068         0  13     4 

Attending  appointment  settling  draft  order  .  .  .068  0  13  4 
1877.  Instructions  for  assignment  of  &  Co.'s 

bill  of  exchange  to  Messrs.  .         .         .         .068         068 

Drawing  same,  folios  20 10     0         10     0 

:Making  fair  copy 068         068 

Writing  to  the  receiver  therewith  for  his  approval  .036  036 
Close  copv  dralt  order  for  receiver  to  grant  power  of 

attorney,  folios  6 020         020 

Attending  before  the  registrar  settling  same  .  .  .068  0  13  4 
Writing  to  defendant's  solicitors  in  answer  to  theirs  and 

informing  them  that  we  would  atti-ud  to-mnrrow  to  .-^ee 

case  and  ojiinion         .         .         .         .         .         .         .036         036 

Attending    defendant's  solicitors,  inspecting  case,  and 

opinion  relative  to  £  advanced  on  &  Co.'s 

bill,  and  conferring  with  them  thereon  .  .  .068  0  G  8 
Sittings  fee 0  15     0         0  15     0 


llilanj  Sittinys,  1877. 

Instructions  lor  case  to  counsel  to  advise  as  to  the  neces- 
sary steps  to  be  taken  with  regard  to  tlie  £  i)aid  to 
the  Bank 

Drawing  same,  folios  9  . 

Making  fair  copy  of  same  for  counsel     .... 

Attendinij  counsel  with  same         ..... 


0 

G     8 

0 

6 

8 

0 

9     0 

0 

!) 

0 

0 

3     0 

0 

3 

0 

0 

G     8 

0 

6 

js 

1     1     0 


0     3     f)         0     5     0 


678  APPENDIX   III. 

Lower  Scale. 
£,     s.      d. 

Paid  fee  to  liim  and  clerk       .         .         .         ...     2     4     6 

Attending  adjourned  appointment  before  the  chief  clerk 
on  adjiidication  of  claims,  same  proceeded  with,  and 
directions  given,  and  the   adjudication  was  further 

adjourned 

Attending  appointment  before  the  chief  clerk,  proceed- 
ing in  enquiries  directed  by  the  order         .         .         .068 
"Writing  to  defendant's  solicitors  informing  them  that  we 
had  sot  counsel's  opinion  as  to  the  money  paid  to  the 

bank°         . .036 

"Writing  to  phiintiifs  fully  explaining  position   ot  this 
matter  and  counsel's  opinion  in  reference  to  the  £ 
loan  and  pointing  out  the  necessity  of  giving  the  pre- 
cise particulars  of  what  transpired  at  the  time  the 

advance  was  made 0     3     6 

Afterwards  attending  them  on  their  giving  the  informa- 
tion required,  showing  distinctly  that  the  son  of  the 
deceased  was  clearly  acting  for  the  defendant,  and 
plaintiffs  requested  the  further  facts  to  be  placed  before 

counsel  forthwith 0     6     8 

Writing  to  defendant's  solicitors  that  plaintifts  would 
communicate  with  them  on  counsel's  opinion  in  a  feu- 
days,  and  generally  on  the  matter       .         .         .         . 
Instructions  for  case  for  counsel  to  further  advise.         .068         068 
Drawing  same  and  fair  copy,  folios  5     .         .         .         .068         ^     ^     ^ 

Attending  counsel  with  same 0     3     4         ^     !^     ^ 

Paid  fee  to  him  and  clerk .136         13b 

Attending  defendant's  solicitors,  conferring  very^fully 
as  to  plaintiffs'  claim  to  Messrs.  &  Co.'s  bill 

of  ,  and  arranging  to  Avrite  them  thereon  and  on 

counsel's  opinion •         • 

[Making  copy  of  counsel's  o])iiiiou  on  the  subject  ot  the 
advance  of  £  on  Messrs,  cS:  Co.'s  bill, 

folios  6 0     2     0         0     2 

"Writing  to  defendant's  solicitors  therewith  and  theicon     0     3     6         0     3 

Atteiidrng  defendant's  solicitors  on  the  course  to  purMUi, 

as   counsel   respectively  advising   dillerently   in  the 

matter,  and  arranging  to  appoint   consultation  witli 

coun.sei        .  .         .         •         •         •  ....     0     6     8         0     6 

AVriting   to   defendant's   solicitois    for   copy   of    their 

counsel's  opinion      _ 0     3     ()         0     .5 

Perusing  and  ccmsidering  same       .  .  .         •  .068         06 

Attending    both    counsel,    iqipoiutiug    coiisidtation    as 

arrang.;.! ?     I'     ''^.         S     n 

Paid  consultation  fee  to  counsel     .  .  .  •  •      -     '•*     6         2     .) 

Makin"coiiy  of  defendant's  counsefs  opinion  for  eounse], 

folios  6^' V^     ?         ^  ,? 

Attending  consultation  with  counsel  .  .  .  .  0  13  4  0  13 
Having    received    letter    from     defendant's    s(dicitors 

suggesting  tliat  it  was  iinpossiblc  to  bring  the  bank  to 

tenns   in  the  ]iresent   action    and  obtain   any  order 

against  them,  and  asking  the  plaintilis'  views  on  the 

n7attcr,Avriting  tlieiu  fully  in  re])ly  .  .  ..036  05 
Attending  defendant's  solicitors,  conferring  and  advising 


0     6     8 


0     0     8 

0     6     8 

0     3     G 

0     3     (3 

COSTS  OF  ri,AINTirrS  on  motion  for  Al'l'OINTMKNT  OF  RECEIVER.    079 

Lower  iii'alo.    IIi|;lnr  .Seal'-. 
JC     s.     tl.         a     s.     li- 
on (|iU'.>ti(iu  of  juriMlictiuu  ol'  the  Cuurt,  niul  as  to  the 
course  to  l>e  imrsiuil  .         .         .         .         .         .         .00     8         0C8 

Atti'u.lin;,'  adjouriK'il  appoiiitmeut  before  the  chief  cloik 
on  luljuiliiation of  chiinis,  sainc  fiuUKr  pidiccdcd  with 

and  adjourned .008         0134 

Attending  defrndaut's  solicitors  on  tlu-ir  ini'orniin;^'  ii.s 
that  the  Lank  liail  declined  to  recognise  any  juris- 
dictii>n  of  the  Court  over  them  in  this  action,  and 
we  were  there R)re  to  consider  what  course  we  would 

adopt  in  n-fi-rence  thereto 0G8         008 

Attending  plaintiils  and  ohtaining  hill  on  Messrs. 

&  Co.,  making  copy  there(jf  fur  delendant's  solicitors 
as  requested        ........ 

Writing  to  defendant's  solicitors  thcrewilli     . 
Attending  di-fcndant's  solicitors  as  to  the  opinion  they 
had  taken  of  their  common  law  counsel  regarding  their 
right  of  action  against  the  baidc  for  the  recovery  of 
£  ,  and  conferring  with    them  thereon,  and 

arranging  to  appoint  consultation  between  our  and 

their  counsel .068         008 

Attending  adjourned  a])pointment  before  the  chief 
clerk  ( m  adjudication  of  claims,  when  same  was  further 
adjourned  for  counsel  to  further  consider  what  course 
should  be  adopted  with  reference  to  £  retained 

by  the  bank 

Attending   counsel   ajipointing    consultation   Avith    de- 
fendant's counsel         ....... 

Paid  fee  to  him  and  clerk       ...... 

Writing  to  defendant's  solicitors  with  notice  of  appoint- 
ment for  consultation.         .         .         .         .         .         .036        036 

Attending  consultation  with  counsel  when  it  was  agreed 
to  adopt  the  course  advised  by  defendant's  counsel  in 

his  written  ojnnion 0  1.3     4         0  13     4 

Attending  plaintitfs  in  long  conference  on  the  mode  of 

settling  the  account  which  they  were  to  render  to 

firm  from  whom  the  goods  were  received, 

conferring  also  as  to  some  of  the  items  for  insurance, 

&c.,  and  advising  them  fully  thereon.         ...  0  13     4 

Attending  on  summons  tiken  out  by  defendant  for  an 
order  against  the  bank  foi  pavnieiit  to  the  receiver  of 
certain  monies  due  from  the  l)ank  at  the  time  of  the 
death  of  the  testator,  when  .same  was  adjourned  to  the 
judge .......... 

Paid  ifor  copy  allidavit  of         ,  folios  1(5. 

Perusing  same         ........ 

Paid  for  copy  afUdavit  of  ,  folios  18  . 

Perusing  same        ........ 

Paid  for  copy  aHidavit  of  the  receiver,  folios  6 
Perusing  same        ........ 

Drawing  brief  and  fair  co}>y  for  coun-el  to  attend  on 
adjourned  summons  before  the  Juilge  in  Chaml  eis    . 

Attending  counsel  with  same 

Paid  fee  to  him  and  clerk      ...... 


0 

8 

0  13 

4 

6 

8 

0     6 

8 

9 

0 

2     9 

6 

0 

(> 

8 

0  13 

4 

0 

5 

4 

0     .') 

4 

(1 

o 

4 

0     .') 

4 

0 

0 

0 

0     () 

0 

0 

(? 

0 

0     (5 

0 

0 

•) 

0 

0     2 

0 

0 

o 

0 

0     2 

0 

0 

10 

0 

0  10 

0 

0 

(; 

8 

0     G 

8 

> 

4 

6 

2     4 

G 

Lower  Scale. 

Higher  Scale. 

£      s.      (/. 

£     s.      d. 

0     3     4 

0     6     8 

1     6     0 

16     0 

0  13     4 

0  13     4 

0     6     8 

0  13     4 

0  15     0 

0  15     0 

680  APPENDIX   IIL 


Attending  and  appointing  conference  ■\vitli  counsel 

Paid  fee  to  liini  and  clerk 

Attending  conference     ....... 

Attending  adjourned  summons  by  counsel  before  the 

Judge  in  Chambers  when  the  Judge  directed  tliat  the 

bank  and  all  parties  should  be  in  the  same  position 

as  to  evidence  and  otherwise  as  if  an  action  had  been 

brought,  the  summons  to  stand  over  .... 
Sittings  fee 

Easter  Sittings,  1877. 

Attending  adjourned  appointment  before  the  chief 
clerk  to  appoint  time  fur  hling  evidence  l)y  the  bank 
in  reply  on  the  claim  of  the  defendant  for  the  pay- 
ment by  the  bank  of  cash  standing  to  the  credit  of 
testator's  account  at  the  time  of  his  decease,  and  the 
£  subse(|uently  paid  in,  and  to  lix  time  for  re- 
laying thereto  and  for  appointment  on  questions  at 
issue,  time  ap])ointed 068         068 

Attending    appointment    before    the    chief    clerk    on 
summons  taken  out  on  behalf  of  the  receiver  as  to 
the  olFer  made  by  the  bank  to  pay  tlie  sum  of  £ 
to  the  receiver  in  settlement  Avhen  order  made  ,         .068         0  13     4 

Writing  to  defendant's  solicitors  as  to  drawing  up  the 
order  .......... 

Close  copy  draft  order,  folios  3       ....         . 

Attending  ajipointment  before  the  registrar  settling  same 

Attending  passing  same  ...... 

Atteniling  defendant's  solicitors  to  ascertain  if  the  re- 
ceiver intended  to  pay  plaintiffs  the  £  when 
received  from  the  l>ank,  and  take  Messrs.  &  Co.'s 
bills  from  them,  or  if  plaintitfs  were  to  receive  the 
dividends,  if  they  became  due  upon  the  bills,  and  pay 
themselves,  and  conferring  thereon,  when  they  ulti- 
mately promised  to  write  to  the  receiver  on  the  matter     0     6     8         0     6 

Writing  plaintitfs  and  informing  them  that  the  receiver 
had  ubtained  the  £  from  the  bank  and  Avith  full 

explanations  on  the  action  generally  . 

Sittings  fee     .......         . 

Trinity  Sittings,  1877. 

Writing  to  defendant's  solicitors  that  we  did  not  think 

the  Receiver  was  entitled  to  retain  the  £         received 

from  the  bank,  and  suggesting  tlie  matter  should  be 

brought  before  the  chief  clerk  .  .  .  .  .036  036 
On  receiving  notice  of  appointment  to  proceed  on  ])lain- 

tifl's'  claim,  attending  and  informing  tlieni  thereof  and 

conferring  with  them  generally  on  the  position  of  the 

action 0     68         068 

Attending  a])pointment  on  adjourned  adjudication,  when 

same  was  adjourned  for  a  week  at  defendant's  reipiest     0     6     8         0     6     8 


0 

3 

6 

0     3 

6 

0 

1 

0 

0     1 

0 

0 

6 

8 

0  13 

4 

0 

6 

8 

0  13 

4 

0     3 

6 

0     5 

0 

0  15 

0 

0  15 

0 

0 

() 

8 

0 

0 

8 

0 

3 

4 

0 

a 

8 

I 

;j 

« 

1 

;j 

(J 

0 

;} 

4 

0 

0 

8 

1 

(i 

0 

1 

(•) 

0 

0 

13 

4 

0 

13 

4 

u 

lo 

0 

0 

15 

0 

COSTS  OF  PLAINTIFFS  ON  MOTION  FOR  APPOINTJIENT  OF  ItFCElVER.    681 

Liiwor  Scale.    Higher  Scale. 
X,     n.      il.  £     «.      d. 

"Writing  to  defendant's  solicitors  very  fully  in  answer  to 

theirs  of  the  iiist.  and   relative  to  the  £ 

received  from  the  bank .036         050 

Attending  adii)urned  appointment  before  the  chief  tderk 

on  iidjudication  upon  tlie  plaintiffs'  claim  when  same 

■was  allowed  at  £         ,  plaintitfs  retaining  the  hills  of 

Messrs.  &  Co.  to  meet  the  £  advanced 

after  tlic  death  of  the  testator 0     0     8         0     G     8 

Instructions  for  counsel  to  advise  in  conference  as  to  the 

£  paid  to  the  receiver  l)y  the  hank  and  fair  copy 

Attending  him  with  same      ...... 

Paid  fee  to  him  and  clerk       ...... 

Attending  to  appoint  conference    ..... 

I'aid  fee  to  him  and  clerk      ...... 

Attending  conference     ....... 

iSittinss  fee    ... 


Ililarij  SUtiitijs,  1878. 

Writing  to  plaintiifs  very  fully  in  reference  to  their 
claim  of  £  herein,  the  same  having  been  trans- 

ferred by  the  Ijank  to  the  receiver,  and  now  stren- 
uously resisted  by  him,  and  requesting  to  see  them  as 
to  the  stejjs  to  be  taken  to  obtain  same       .         .         .     0     ;5     G         0     5     0 

AYriting  to  plaintitfs  for  an  answer  to  our  letter  of  the 

inst 036        036 

Attending  plaintitfs,  conferring  and  advising  at  great 
length  on  the  question  as  to  the  £  antl  arranging 

for  them  to  make  en(|uiries  as  to  the  ])robable  divi- 
dend payable  in  Messrs.  &  Co.'s  estate  before 
deciding  on  the  course  to  be  pursued  .         .         .068         068 

10.  AVriting  to  plaintiifs  eiu[uiring  if  they  had  obtained 
the  information  as  to  the  prubalde  dividend  in  ^lessrs. 
&  Co.'s  estate,  as  the  Court  was  pressing  to  have 
the  question  respecting  the  £  settled    .         .         .036         036 

Attending  defendant's  solicitors  as  to  the  chief  clerk's 

certificate,  and  arranging  to  write  them       .         .         .068         068 

Attending  ]>laiutilfs  and  consulting  with  them  as  to  the 
position  of  the  action,  and  as  to  the  £  received 
from  the  bank,  and  advising  them  very  fully,  and 
arranging  for  them  to  let  us  have  their  decision  to- 
morrow        0     68         068 

Perusing  letter  from  iilaintilfs  deciding  to  give  uj)  tlieir 
claim  in  the  action,  and  to  take  the  dividend  on  the 
bills  in  Messrs.  &  Co.'s  estate.  Afterwards 
attending  them  on  their  having  learned  that  the 
receiver  hail  juoved  in  Messrs.  &  Co.'s  estate, 
and  claimed  to  receive  all  surplus  beyond  the  £  , 
conferring  with  them  and  going  fully  into  the  (piestion 
of  tlieir  jiosition  and  rights,  and  we  were  to  see  defen- 
dant's solicitors  and  endeavour  to  make  some  ari'ange- 
ment 068         0  13     4 


032  APPENDIX   III. 

Lower  Scalp.    Higher  Scale. 

^     s.     d.         A     s.     d. 

Attending  ^e Want's ,  solicitors  in  ccmferencc  on  tlii. 
iction  when  tliey  claimed  surplus  attei  piamtilts  naa 
rec dved   Ire  £  received  by  the  receiver  Irom   he 

draw  claim  to  the  £         m  the  i^ecene  .  hands,  and 
look  to  the  dividends  received  on  Mes^is  o. 

Co  's  estate    only  so  that  the  certificate  of  the  chitt 
de;-knit;^t  go  i  once,  and  arranging  tow  ^     ^     ^         ^  ^3     , 

W^?tSg\otLid;nt's  ;olici;ors  that  we  c^^^^^ 

theii° having  the  conduct  of  the  chief  clerks  ceiti      ^     ^     ^        ^     ^    ^ 

ficate,  as  arranged  with  them      .         •         •         •    ,  .  j. 
Writing  to  defemlant's  solicitors  lor  copy  of  the  clnet     ^     ^     ^        ^     ^     ^ 

clerk's  certificate         .^       '   .  v"     n  '         "         '         '     0     3     8         0    3     8 
Paid  for  copy  draft  certificate,  folios  11  •         •         "     q     3     8        0     3     8 

ItteS "appointo-t  before  th;  clii^f  clerk,  settling 

rp"f  iSV'^r-l  ^^^^titicate  and  appointn^  ^     ^     ^         3     3     ^ 

JSXi'api>oint;nent'  In^re  the  chief  clerk  farther     ^     ^     ^        ^  ^^     ^ 

nrnceedin"  with  his  certificate  .  •  •  '  ,  ,^ 
A^S^to  defendant's  solicitors  with  11^^^^^^^^^^  ^     3     6 

foreiln  advertisements  as  requested  by  than  .  • 
Attending  appointment  before  the  chiei  cleikpioceea      ^  ^^     ^         ^     ^     ^ 

inrf  with  his  draft  certificate  .  •  •  '„,,,„. 
AlS^c^J^g  defendant's  solicitors,  handing  them  papei.    ^     ^     ^         ^     ^     ^ 

containing  advertisements  .         .         %,  .■/ ......tiVicxte 

Paid   for    additions   to    chief    clerks   dialt   ccitificatc,     ^     ^     ^         ^^     ^     ^ 

folios  5        .         .         •         •         •         •         ■         ;         .018         0     1     f 

Perusing  same ]         .     0  15     0         0  15     < 

Sittings  fee    .        .        •        • 

Easter  Sittbujs,  1878. 
Preparin-'  summons  for  order  on  further  consideration 
and  attending  at  Chambers  to  get  same  sealed    .         • 
Paid  stiimping  same       .         •        •         •         * 
Makin"  copy  for  Chambers    .         •         •      ,.'■.' 

Making  Lir  Jopy  Ibr  (leiemhiut's  scdicitors      .         •         • 
T\r-ikin'^  copy  of  same  for  duel  cleiK        •  •  ;      , 

A    e    fill"  summ..Tis  on  further  .•ons.deratH.n  be  o,c  Wn. 
^'cMderronlern>a,l..audru,th..rcoi^^^  ^     ^     ^         ,,3 

A^ZgattheBiynia^ter-Cemnjl^o^^  ^,     0     8        0     6 

certificate  of  fund  m  Court  and  aiten^  aids  lor.  auu         j,     2     8         0     2 

r'lnso  coDV  draft  order,  iolios  8       .         •         •  ■,,..•, 

^^l  defendant's   solicif.rs   as  to   se  t^mg  diatt  ^3 

onler,  and  re.piestiug  them  tn  see  them  therenn  • 


0 

6 

8 

1 

1 

0 

2 

0 

0 

3 

0 

1 

0 

0 

2 

0 

3 

G 

0 

4 

() 

7 

0 

0 

7 

0 

2 

4 

0 

2 

0 

2 

•1 

0 

2 

.<i\ver  8c 

.t      n. 

Higher  Stale. 
£     s.     d. 

0     6 
0     0 

8 
8 

0  6  8 
0      6      8 

0     6 

8 

1 

1 

0 

0     4 

0 

0 

4 

0 

0     6 

8 

0 

6 

8 

0  10 

0 

1 

0 

0 

0     (i 

8 

0 

13 

4 

0     2 

8 

0 

2 

8 

COSTS  OF  PLAINTIITS  ON  MOTION  FOR  AITOINTMENT  OF  RIXEIVEI'..    G83 


Attending'    defuiulant's   solicitors    and    nrraii^iii^'    iiiid 

settling  same  with  tlu'Ui      ...... 

Attending  the  chief  clerk  on  <[ueries  on  draft  ordrr 
Notice  ot  appointment  to  settle  draft  order,  copy  and 

service '.         .040         040 

Attending   appdintmcut    IhI'iuh'    tlic    registrar    settling 

draft  order  ........ 

Notice  to  pass  same,  co})y  and  service     .... 

Attending  examining  proof 

Paid  stamping  order 

Attending  passing  order         ...... 

Coi)y  order  for  the  Taxing  ^Master,  folios  8    . 
Attending  to  get  Master  in  rotation  marked,  and  after- 
wards for  same 00     8         068 

Drawing  bill  of  costs  and  C(jpy,  fdlio.s      ,  ami  sunimai-\-, 

folios         ,  together         folios,  at  per  folio  . 
Warrant  on  leaving  same,  copy  and  service    . 
Warrant  to  take  same,  copy  and  service 
Attending  taxing  same,  at  per  25  folios  or  fractimial  parts 
Paid  for  co]iy  costs  of  defendant,  at  per  folio 
Attending  taxing  same,  at  per  25  folios  and  fractional 

parts 

Transcribing  certilicate 

Attending  to  file  certificate  bespeaking  office  copy 

Paid  for  ollice  copy 

Attending  the  registrar  and   bespeaking  directions  for 

sale  of  stock 068         068 

Attending  subsequently  at  the  Paymaster-General's  with 

directions  for  sale  of  stock  ..... 

Sittings  fee     .......         . 

Letters,  messengers,  and  incidental  expenses 


The  Bill  of  Costs,  Cliarges,  and  Exjjenscs  of  the  Defendant  in  an  Action  in 
which  no  Statement  of  Claim  was  delivered,  or  any  other  Pleadings  beyond 
the  JFrit  of  Suinnwns,  to  be  taxed  under  aii  Order  dated  the  day  of 

,  and  to  be  2^(iid  out  of  Fund  in  Court. 

Trinity  Sittings,  1876. 

June,  1876. 

Attending  the  testator's  .son,  confemng  at  very  con- 
siderable len^'th  as  to  this  matter,  and  as  to  the 
position  of  his  mother  the  executrix,  and  advising 
antl  arranging  to  .see  the  executrix  at  her  residence 
:'t  0     6     8         0  13     4 

Journey  to  and  attending  the  executrix,  the  defen- 
dant, at  ,  conferring  and  advising  with  her  at  con- 
siderable length  and  generally  as'  to  the  testator's 
estiite,  and  journey  home 

Paid  expenses 

Attending  testator's  son  on  his  calling  again  tiiis  day  as 
to  the  claim  of  the  jdaintitrs  and  advising  him  thereon 


0 

0 

8 

0 

0 

8 

0 

2 

6 

0 

2 

6 

0 

2 

6 

0 

2 

6 

0 

6 

8 

0 

6 

8 

0 

0 

4 

0 

0 

4 

0 

6 

8 

0 

6 

8 

0 

2 

0 

1 

2 

0 

0 

6 

8 

0 

6 

8 

0 

3 

0 

0 

3 

0 

0     6 

8 

0     6 

8 

0  15 

0 

0  15 

0 

3     3 

0 

4     4 

0 

2     2 

0 

2     2 

0 

0  10 

6 

0  10 

6 

0     6 

8 

0     6 

8 

G84  APPENDIX    111. 


Lower  Scale. 
£     s.     d. 


Attending  Mr.  on  his  calling,  conferring  with  him 

as  to  the  claim  of  the  plaintill's,  and  as  to  tlie  sum  of 

£  which  was  in  the  bank,  and  he  promised  to 

write  lis  fully  thereon 0     6     8         0     6 

Writing  to  the  testator's  son  requesting  him  to  call  upon 

us  to-morrow  morning 0     3     6         0     3 

Writing  to  Mr.  (who  was  subsequently  a]>pointed 

receiver)  on  the  business,  and  as  to  an  appointment 

to  see  him  to-day        .         .         .         .         .         .         .036         03 

Attending  by  appointment,  conferring  with  him  with 

reference  to  the  communication  from  the  plaintitl's' 

solicitors,  and  as  to  tlie  return  of  £  which  he 

considered  should  be  returned  having  regard  to  the 

statement  made  when  the  money  was  advanced  .068         06 

Attending  testator's  son  by  appointment,  further  con- 
ferring and  advising  with  him  thereon        .         .         .068        06 

J  it  J  If. 

"Writing  to  testator's  son  that  it  a))]»eared  to  us  that  the 

£  ought  to  be  returned  to  the  plaintill's,  and  as 

to  an  appointment  to  see  him  on  Monday  morning    .036         03 
Attending   him  by  appointment,  conferring  with   liim 

in  reference  to  the  £  which  he  agreed  with  Mr. 

(subsequently  receiver)  should  be  returned,  and 

arranging  to  see  plaintill's'  solicitors  on  the  subject, 

and  in  long  conference  on  an  important  matter,  and 

advising  him,  long  engaged         .         .         .         .         .068         0  13 
Attending  plaiiitilis'  solicitors  at  their  office,  conferring 

at   considerable    length   with    their  junior    partner 

thereon,  and  arranging  for  him  to  see  lis  on  the  matter 

to-morrow  morning     .         .         .         .         .         .         .068        013 

4.  Writing  to  plaintilfs'  solicitors  with  reference  to  our 
suggestion  to  their  junior  partner  on  Saturday,  and 

requesting  them  to  see  us  forthwith  as  promised  .036         03 

5,  Attending  plaintill's'  solicitors  and  very  carefully 
confeiTiug  with  them  as  to  the  matter  an<l   arranging 

tlie  course  to  pursue   .         .         .         .         .         .         .068         06 

Writing  to  Mr.  (subsequently  rcccivci)  with  refer- 

ence, to  our  interview  wilh  plaintill's'  solicitors,  and 
as  they  Avere  about  to  c(jmmence  an  action  for  the  ail- 
ministration  of  the  estate,  and  suggesting  making  an 
application  to  the  Court  hjr  his  appointment  as 
]-e(;eiver  ami  manager,  and  as  to  the  iniiiniiation  Ave 
should  require  for  that  ]turpose  .         .         .         .         .036         03 

Attending  jilaintill's'  solicitors  on  their  bringing  writ  of 
summons  an<l  co])y,  and  .giving  Ihem  an  undertaking 
to  appear  i'or  the  derendant,  tlie  executrix  of  tin;  tes- 
tator   

Writing  to  Mr.  fidly  on  the  business    . 

Wiitingto  ,  a   creditor,  informing  him  ol  the 

position  of  the  matter  as  recjuested    .... 

Instructions  to  defend    . 

8.  Writing  to  jilaintill's'  solicitors  in  re]ily  to  their  letter 


0 

6 

8 

0 

0 

3 

6 

0 

0 

3 

6 

0 

0 

6 

8 

0 

l»wer  Scale. 
H.     $.      (I. 

IlinlitT  Scale. 

0     3     0 

0  G  8 
0     2     0 

0     3     (', 

0     G     8 
0     2     0 

0 

6 

8 

0 

G 

8 

0 

3 

(5 

0 

3 

G 

0 

3 

G 

0 

3 

G 

0 

2 

0 

0 

2 

0 

COSTS,    CHARGES,    A.XD    EXPEN'SKS    OF    DEFKKDANT.  ijHl 


of  tl)is  day,  nnd  as  to  their  propf)8e<l  motion  for  tlie 

apitointineiit  uf  Mr.  as  receiver  and  inanuj^'er  , 

Attt'ndin;,'  to  (.iitt-r  ai)peai'ance  for  defendant 
I'aid  rntt-riii^'  same         ....... 

Ntiticf  tlK'rei)f  to  i)lainti[rs'   solicitors,  and    int'DrniinL,' 

tliein  tliat  no  statement  of  claim  reipiired  .         .         .040         040 
Attending  Mr.  on  liia  calling,  and  advising  with 

liim  on  the  business,  and  as  to  his  proposed  appoint- 
ment of  receiver  and  manager,  and  arranging  to  com- 
municate with  plaintilfs'  solicitor.'!  thereon  .         .     0     G     8         0     G     8 
"Writing  to  plaintilfs'  solicitors  as  to  our  interview,  and 

witli  U'ierence  to  the  proposed  motion  for  Mr.  s 

appointment  as  receiver  and  manager         .         .         .     0     3     G         0     3     G 
Attending  the  testator's  son  on  his  calling  with  reference 

to  this   matter   and    advising   him    fully    as   to  his 

mother's  (the  defendant)  responsibilities  as  e.xecutri.x 
Writing  to  the  defendant  in  rei)ly  to  her  letter  and  as  to 

the  Gas  Company's  claims  ...... 

13.  Writing  to  Mr.  ,  a  creditor,  as  to  his  claim 

in  this  matter  as  requested 

If  other  creditors  write  for  letters  information 

charge  for  each    ........ 

18.  AVriting  to  plaintiffs'  solicitors  as  to  the  position  of 

the  matter,  and  urging  expedition  in  the  appointment 

of  receiver  and  manager 0     3     G         0     3     G 

Attending  i)lainti(l's'  solicitors  as  to  this  matter,  when 

they  informed  us  that  the  motion  I'm"  appointment  of 

receiver  and  manager  would  be  made  at  once     .         .     0     G     8         0GB 
Attending  Mr.  on  his  calling  ami  conferring  witli 

him    in  reference  to  proposal  of  appointing  him  as 

receiver  and  manager,  and  as  to  the  position  of  the 

action  and  advising  him  thereon         .         .         .         .     0     G     8         0     G     8 
21.  Writing   to  plaintilfs'   solicitors   in  reply  to    their 

letter  of  this  day  and  suggesting  that  in  addition   to 

applying  for  a  receiver  and  manager,  an  order  should 

be  obtained  for  administi-.ition  and  reipiesting  to  have 

ropy  of  projxisfd  minutes 0     3     G         0     3     G 

Attending  plaintillV  solicitois  on  their  calling,  conferring 

with    them   on  this  matter,  and  arranging  that  we 

.should  obtain  an  allldavit  from  the  defendant  in  sup- 

]>ort   of    motion   for   apjKnntment    of    receiver   and 

manager     ......... 

Writing  to  defendant  accordingly,  informing  her  that 

we  should  reipiire  an  alli.lavit  to  be  sworn  by  her 
Instnictiitns   for   allldavit   of  defendant  in  sup])ort  of 

motion  for  aiipointnunt  of  receiver  and  manager 

Drawing  same,  folios  G 

Kngros.sing  same    ........ 

Attending  defendant's  sou  therewith  and  conferring  and 

advising  him  thereon 0G8         0G8 

2').  Attending  defemhuit  on  her  calling,  conferring  and 

advising  her,  ami  with  her  to  be  sworn  before  a  com- 
missioner    0G8         OCS 


0 

G 

8 

0 

G     8 

0 

3 

(! 

0 

.3     G 

0 

G 

a 

0 

G     8 

0 

G 

0 

0 

G     0 

0 

■> 

0 

0 

2     0 

G8G 


APPENDIX    III. 


Lower  Seale.    Hi 


Paid  commissioner  taking  defemlant's  oatli    .         .         • 
I^Sing  copy  aftidavit  to^be  marked  as  an  ottice  copy     . 

Paid  filing  affidavit 

Paid  for  office  copy         •         •         •   .      • 

TCtice  of  filing  same,  copy  and  service  .         •         • 

Writ  n' to  planititYs' 'solicitors  on  the  business,  and  r^ 

ue  Uncr  ?hem  to  send  iis  copies  of  any  evidence  thev 

Si  tile,  and  also  to  send  us  copies  of  minutes  of 

StfiSti^SS; affidavit  Jf       •         -as  t;  fitness  of 
receiver,  folios  5 

Perusing  same        •         -        •     , 

Instructions  for  brief  for  counsel  .         .         •         •         • 

1 J  rawing  same  and  fair  copy  .         •         •         • 

]\Iaking  copy  notice  of  motion  tor  cnmsel      . 

The  like  copy  writ        •,/.,;  r     V 

The  like  of  defendant's  aftidavit,  iolios  G      _ .         •         • 

The  like  affidavit  of  as  to  fitness  ot  receiver,  lulios  o 

The  like  of  testator's  aviU,  iolios  G         .  •         •         • 

Attending  counsel  with  same 

Paid  fee  to  him  and  clerk       .         •         •         • 
Attending  appointing  conference  with  counsel       .         • 
P-iid  conference  fee  to  him  and  clerk  .  •     .    •         • 
W     im'   o  plaintitfs'  solicitors  and  in  ornnng  them  we 
iiad  i'nstrJicted  counsel,  and  as  to  when  motion  should 

be  made     .         •         '       .\        '       ^' 

97    Attending  t^oid'erence  with  counsel  •..-,.• 

Attenlii-^   Court    when    (by    consent)    admm.strafun 

Older  made  and  Mr.  appointed  receiver  and 

manag"  r,  action  t- .  be  set  down  for  hearing  as  lor  to- 

wtum-'to  receivei-  und"iHf..rmiiig'him"of  his  appoint- 
ment" and  re.iuesting  him  to  give  us  a  call  .         . 
29    Attending  the  receiver  on  his  appoin  ment  otie- 
ceh  er    n.l  manager  in  very  long  and  special  interview 
aso  the  position  of  the  testator's  affairs,  and  disxns- 
sing  the  course  to  be  pursued  at  considerable  length 
niuradvisiiiLr  him  thereon  .         .         •   ,      •         • 
on    AtJem  in.rplaintitfs'  solicitors  on  their  ca  hug,  con- 
fen      "with  them  as  to  this  action  and  pom  lug  out 
tl        ho  receivei^s  appointment  conhl  not  be  coni- 
piete'l  before  the  vac!uion  unless  same  is  pressed  on 

at  once        .         • 


0     1 


0     2     0 


0     4     0 


0 


6 


0     1  8 

0  1  8 

1  1  0 
0  6  8 
0     2  0 

1 
2 

1 
2 
6 
4 
3 
6 


8 
0 
8 
0 
8 
6 
4 
0 


i;her  Scale. 

&  s.      ('• 

0  1 

0  2 

0  2 

0  1. 

0  4 


0  1  ? 

0  1  e 

2  2  ( 

0  6  i 

0  2  ( 


0   3   (; 

0  13     4 


0  13     4 
0     3     0 

0  13     4 
0     0     8 


Auiiust2.  „n  their  .ailing,  wh.Mi 

^ry'iiifo ni::d'us  they  w^e- large  creditor^to  the 

.Stat or's  estate,  when  we  infornu-d  tl.eni  the  posi  ion 

lit  ule  action  and  that  they  had  better  send  m  their 

Wntim'  to  phnntin-s'  solicitoi-s  as  to  the"  position  of  tlie 
actioTi  and  as  to  completing  the  appomtmcnt  of  le- 
ceiver  before  the  vacation 


0    G     8 


0     3     G 


0  6 

2  4 

0  G 

1  G 


COSTS,    CHAUCKS,    AND    KX'I'KNsKS    Ol'    KKKKNDANT.  CS? 


Iy)wer  Stale. 

Iliglitr  8.a|p, 

£     -..     </. 

*:     «.     (/. 

0     2     8 

•0     2     8 

0     G     8 

0  13     4 

Close  cdiiy  (Ir.il'l  order,  folicisS         .... 

Atti'iiilinj,'  si'ttliii;,'  sanie  ..... 

Attviidiiij,'  i)l;iiiititrs'  .soliiitor.s  ou  their  c;illiii<,'  and  con- 
ferring,' with  tlieui  on  this  action  and  arranging  that 
wc  .shouhl  conn)lete  receiver's  security         .         .         .008         008 

Writing  to  the  receiver  Tor  jxirticulars  of  oiit>tanding 
personal  estate  and  with  reference  totheathdavit  as  to 
valne  ami  for  names  of  his  sureties     .         .         .         .030         030 

4.  Attending  appointment  to  ])ass  order,  same  adjourned 
till  to-morrow  as  print  of  it  had  not  been  received  from 
the  ]>rinter  ........ 

f).  Atten<ling  passing  same     ...... 

Attending  defendant's  son  and  making  an  appninlinent 
for  him  to  see  the  receiver  this  afternoon  . 

Attending  the  receiver  ami  defendant's  son  by  appoint- 
ment this  afternoon,  and  in  very  long  interview  con- 
ferring as  to  the  testator's  estate  .... 

Perusing  .statement  of  testator's  account  to  the  31st  Mav, 
1870 '. 

Instructions  for  aliidavit  of  testator's  son  as  to  outstand- 
ing estate  of  the  testator 

Drawing  same,  folios  7  . 

Engrossing  same     ........ 

Attending  defendant  before  a  commissioner  to  be  sworn 
to  same       ......... 

Paid  commi.-sioiur  taking  defendant's  oath    . 

Making  copy  aliidavit  to  be  marked  as  an  oflice  copv     . 

Paid  filing  aliidavit '       . 

Paid  for  olHce  eoj^v         ....... 

Instructions  for  aliidavit  of  receiver  as  to  outstanding 
estate  of  testator         ....... 

Drawing  same,  bdios  7  . 

Engrossing  sanje    ........ 

Attending  defendant  before  a  commissioner  to  be  .-worn 
to  same       ......... 

Paid  commissioner  taking  defendant's  oath     . 

Making  coi>y  aliidavit  to  be  marked  as  an  oliice  coj)V     . 

Paid  liling  aliidavit '      . 

Paid  for  oliice  copy  ....... 

Notice  filing  these  two  allidavits,  c<jpy  and  service 

7.  Attending  jilaintill's'  summons  to  proceed  on  tiie  order 
of  27th  July  la-t,  when  security  of  receiver  fixed  at 
£2,000  and  directions  given  as  to  answering  en(iuiries     0     0     8         0  13     4 

Attending  the  receiver  on  Ins  calling,  conferring  and 
advising  him  as  to  the  reply  to  the  lessor  of  business 
premises  of  the  testator      ' 0     0     8         0     0     8 

Attending  plaintills'  solicitors,  conferring  with  them  on 
the  position  of  this  action,  when  they  promised  to 
let  us  have  draft  advertisement  to  morrow 

5.  Making  co]>y  advertisement  to  keep  . 
"Writing  to  plaintills'  solicitors  returning  same  ajiproved 
Attending  before  the  chief  clerk  on  liis  settling  receiver's 

draft  recognizance 008        0  134 


0 

0 

8 

0 

0 

8 

0 

<; 

8 

0 

13 

4 

0 

0 

8 

0 

0 

8 

0 

0 

8 

0 

13 

4 

0 

0 

8 

0 

13 

4 

0 

0 

8 

0 

0 

8 

0 

7 

0 

0 

1 

0 

0 

2 

4 

0 

2 

4 

0 

0 

8 

0 

0 

8 

0 

1 

C 

0 

1 

0 

0 

2 

4 

0 

■; 

4 

0 

2 

0 

0 

2 

0 

0 

1 

2 

0 

1 

2 

0 

0 

S 

0 

G 

8 

0 

7 

0 

0 

- 

0 

0 

2 

4 

0 

2 

4 

0 

0 

8 

0 

G 

8 

0 

1 

0 

0 

1 

0 

0 

2 

4 

0 

.-) 

4 

0 

2 

0 

0 

2 

0 

u 

1 

2 

0 

1 

2 

(1 

4 

0 

0 

4 

0 

0 

0 

8 

0 

0 

8 

0 

3 

4 

0 

3 

4 

(1 

3 

0 

0 

3 

0 

688  ^'■^■=^"'^  '"• 


Lower  Scale.    Higher  Scali- 
at 


Paid  for  copy  of  cluefcleA'scertiacate,  folios        .''.004004 

of  advertiseiueBt  ^^^^  \Y.eir  beiit  prepared  ^vitll  the 

ctraficate^as  to  security  luxving  been  gn  en         •         ;     ^,     ^     g         0     C     ^ 
Attending  on  same  being  ^'Si^^a    \  •      \^^^  appointment 

^f:&^vs^:^^^  03. 

'""'t^'  ^±tiie^^cei!'r^t?^er-told;  letter  re- 
^''.u^lng"^^  act  S  Ms  solicitors  in  his  rece.ver.lnp     ^     ^     ^         ^^3 

r:Sr;^intofo;derof27tUJuh,^as,Mios8    .  0.0         02 

1-2.  On  receipt  of  a  letter  irom  a  Mi.  ^^^^  ^ 

informing  us  that  he  hedd  a  UUote         ^  ^^.^^^ 

of  testator  and  ^^ould  take  piottecui  ^^^^  ^^^^^^ 

fully  explaining  i-osition  ot  te.tatoi  b  .     0     3     6         0     3 

he  luust  send  in  his  claim  .         •      J^^^  ^^  ^^^y,,,, 
18.  Attendn.g  Messrs.  ^^J]^  goodwill  of 

that  thev  had,  and  as  to  the  salt  01  ui^  „         ^         .008         00 

testator  s  l)usiness_      .         •         •       ^  ^  goodwill  of 

therec)!!       .         •  •         '.,ii:,,,r  (•(nilerrin''  and  ad- 

Ivvlon,  an.l  also  a»  to  [-;';>■"  Xi;.^"T.catc  of 
Attendh.s  at  tin;  nl-""  f,';"; '^■"',  '"a,  "    copy   Lcins 

M„l  »,,«ial  iiitcni«v  ^^.t     1  i"  .  •'  j  ^„„. 

a,  to  l.i»  Vos.tion  liau  It!  f^',!'.',  V',vi,l,  ,,,l.r,.,.™  to 


COSTS,   CHARGES,   AND   E:x1»ENSE!S   OP   DEFENDANT. 


G«0 


')ra\vinj^'  saiuo,  fulios  9 

kl akin;,' fair  CO])}' of  same  fur  cdUiisol     .         .         .         . 

riiL- like  of  post-nuptial  settlfmunt,  fuliu.s  "2 

Vtti'iulin},'  counsel  with  same         ..... 

'aiil  fee  to  him  and  clerk       ...... 

Vttemlinf,',  apjxiintin^'  conference  with  counsel 

'aid  fee  to  him  and  clerk       ...... 

Wtendin^'  conference      ....... 

iVritin^'  to  defendant  in  reply  to  her  letter  hereon  as  to 
the  .sale  of  the  testator's  furniture        .         .         .         . 

?reparing   8i)ecial    summons   to   a])point   an    af,'ent    at 
to  '^o  into  the  accounts  of  the  firm  of 
&  Co.,  and  attending  at  Chambers  to  get  same 
seale<l 

'aid  stamping  .same        ....... 

ilaking  copy  of  same  for  Chandlers        .         .         .         . 

-'oi>y  and  service  of  same  ou  plaiutilfs'  solicitors    . 


0 

or  8<nlc. 
».      <t. 
9      0 

IIlKJicr  Scale. 
£      ».      </. 
0     9     0 

0 

3 

0 

0     3     0 

I 

4 

0 

1      4     0 

0 

(> 

8 

0     G     8 

:i 

fj 

f) 

3    r»    «> 

0 

3 

4 

0     (5     8 

1 

() 

0 

1    n    0 

0 

13 

4 

0  13     4 

0     3     G 


0  G  8 

0  2  0 

0  2  1) 

0  3  6 


0     3     G 


1  1  0 

0  3  0 

0  2  0 

0  4  0 


September. 

.  Writing  to  the  receiver  informing  him  of  summon!? 
having  beeu  issued,  and  on  the  business     .         .         .0 

.  Making  copy  of  counsel's  opinion  on  case  laid  before 
him,  folios  G 0 

attending  the  receiver  on  his  calling,  and  in  very  long 
interview  with  him,  going  through  h-ase  and  counsel's 
opinion  thereon,  and  discussing  the  jiosition  of  matters 
at  considerable  length,  and  ailvising  him    . 

Attending  Mr.  on  his  calling,  he  being  a 
creditor,  and  giving  him  information  as  to  the  posi- 
tion of  matters  as  recpiested 

:  Attending  summons  to  ajijioint  agent  at  to 
go  into  accounts,  when  leave  given  to  receiver  to  ;ip- 
j.oint  (Mr.  )  •     .    • '^ 

Vriting  to  receiver  informing  him  thereof  and  thereon  .     U 

Lttending  Mr.  on  his  claim  against  estate  and 

conferring  with  him  thereon,  and  he  was  to  send  us  a 
formal  claim        ........ 

3.  Writing  to  Mr.  in  reply  to  his  letter,  and 
acktiowledging  receipt  of  his  cloiiu  which  we  had  sent 

to  the  receiver 0 

Vriting  the  receiver  with  and  upon  the  claim  of  .     0 

4.  Attending  Mes.srs.  &  Co.,  solicitors  for  Messi-s. 

on  their  calling,  as  to  their  client's  chiini,  an<l 
giving  tliem  information     ...... 

Utending  the  receiver,  informing  him  the  order  would 
be  drawn  up  appointing  agent  at  about 

days,  and  arranging  to  send  him  an  office  cojiy  .         .     0 
-lose  copy  order  appointing  agent  at  ,  folios  3  .     0 

^'otice  to  settle  same,  copy  and  service  ....     0 

0.  Attending  the  receiver  on  his  calling,  conferring 
with   him  in   reference  to  various  matters,   and  in 


3     G         0     3     G 
2     0         0     2     0 


0     G     S        0     G     8 


0     G     8         0     G     8 


G     8         0     G     8 
3     0         0     3     0 


0     G     8         0     6     8 


3     G         0     3     G 
3     0         0     3     0 


0     6     8         0     6     8 


6  8  0  6  8 
10  0  10 
4     0         0     4     0 


Y  y 


^^^  ArPENDiX    III. 


Lower  Scale.    Higliev  Scale. 
£,     s.      d. 


very  lon^^   interview  discusang  same,  rcceivhig  Im     ^     ^^     ^         ^  ^^ 
views  and  advising  him  tliereon  .         •         •         ;     q     G     8        0  13 

''fSonlfi       inst.,  and  informing  him  the  posmnu     ^3^,3 

25'MteJ!^defendan^onhercullinj,co^^^^^^^^ 

advising  he°r  as  to  the  position  ot  matters    .         .         • 
Notice  to Vss  order  appointing  ageut  at  ,  copj^     ^     ^     ^        ^     ^ 

Ofi'^oVSrStoflkter  Wndefem^  tins  dateiu- 

HoSnrf  one  received  hy  her  from  the  Secretary  of  tlie 

rSworrsS  to  his  claim,  writing  him  tliere^^^ 

S.?urstitwmBottotronhledefen.hintfarth^^  0     3     G         0     3 

wXgaocU.idantinreplytoh^  0     3     G         0     3 

and  fully  thereon      _.         ••         •         •  030        05 

S;^SL^S:;-"iii^-th:Lgistrar,p^sing;^^^  0  G  8  0  13 
99    WrithS^^o  plaintiif 's  solicitors  hereon   and  nuinir- 

incT  whether  all  the  advertisements  had  been  inserted 


iiig  »v..- -- -;^  0     3     G         0     3 

in  pursuaiice  ot  the  order    .         •         •  ^^  -^^^.^  -^^^.^^ 

^rt^SSrjvingthem^forir^i.n.to..^  0     G     8         0     G 

tioii  thereof,  and  they  were  to  ^^^^^^.^^  ^'-;^^  ;"  ;\t,; 
30.  Writing  to  Me-rs.       .    .     ..  "V,f  ^^ '° '^^'"    ''''\'     0     3     G         0     3 

and  acknowledging  receipt  oi  claim    .         •         •  n     "i     G         0     3 

Writing  to  the  receiver  therewith  and  thereon       .         .030 

Odoher  \st.  .    ,  1 

,,ck™>vl..lginKrocolptoltl.OTcla.m.         .         •         '     ^     3     „         0     3 

tile  amount  of  a  hill  of  exchange,  and  requesting  him 

to  send  us  the  hill       •    .     •         •    ^.'^   '         '       £ 

Makin"  copy  of  letter  received  from  ^lessi s  «.V 

Co    writin.^  the  receiver  therewith  and  thereon      _    . 

^0.,V,llliiir,   .  loffor  frnm   Mv  ,  encloSlIlg 

t;;;!r\nl:t  securities,  writing  him  in  reply  that  we     ^     ^     ^ 
^ouldwntetoMi.        ^,^^^  ^^^^™  ;.,,,<:  defendant 
"",  d'ii^twarded  tot,  and  that  we  would  see  the 

ISieiv'n  thereon  and  communicate  with  Inm  lurther 

At\tS'  the  receiver  in  loiig  and  spe'cial  interview  as 
to  Mr  '«  letter  and  the  trust  securities  reierred 
to  and  it  appeared  they  were  in  the  hands  of  the 
kank  who  cdaimed  a  lien  u],on  them,  and  adv.s.ng, 
long  engaged 


0     3     G 
0     3     G 


0     3     G 


0     G     8 


0 

6 

8 

0 

C     8 

0 

G 

8 

0 

0     8 

0 

(; 

8 

0 

(i     8 

■2. 

4 

G 

2 

4     G 

COSTS,    ClIAnGES,    AND    KXPENsKS    i^V    1>KI-KNI)AKT.  '')!)! 

I,(iwiT  Scale.    Ilinlior  Sialc. 

4.  "\Vritin;j;  to  ^fr.  ,  infonniii;^' liiin  tlu-rcof  ami 

thereon 0     3     G         0     3     G 

^111111)4  Messrs.  in  re])ly  to  llieir  letter  of  the 

3nl  instant,  inclosing'  hill  of  exchanj^e  to  us  lor  .£  .03  G  0  :'.  '"> 
"SVritinf^  to  the  receiver  therewith  and  thereon  .  .  0  3  G  (^  3  G 
Writing  to  defenchint  lonj,^  letter  in  reiily  to  hers,  as  to 

the  furniture  whieh  she  ])ro]iose(l  to  .-^ell  .  .  .  0  3  G  0  3  G 
Tlie  defendant  havinj,'  .stated  that  she  was  about  to  sill 

some  of  the  furniture,  instructions  for  case  for  coun.scl 

to  advi.se  the  receiver  the  course  he  should  pursue     . 
Drawin;^  same  and  fair  copy,  folios  5      .... 

AttendiufT  counsel  with  .same  ..... 

I\iid  fee  to  him  and  clerk       ...... 

"Writing  to  plaintiif 's  solicitors  special  letter,  and  giving 

them  notice  in  pursuance  of  counsel's  o]>inion  that  the 

defendant  claimed  the  house  and  furniture  at  , 

recently  occupied  1)V  the  testator  hy  virtue  of  a  ])ost- 

nuptial  .settlement,  dateil  the  ,   ISG7,  and  that 

.she  propo.sed  to  sell  some  portion  of  the  furniture  in 

settlement  ......... 

Making  co]iy  opinion  of  coun.sel      ..... 

"Writing to  the  receiver  with  .same  and  thereon 

6.  Writing  to  Mr.  in  rejdy  to  his  letter  of  tlie 
.'')th  instant,  and  as  to  an  appointment  to  see  him 
tliereon       ......... 

Making  copy  of  ^Ir.  's  letter,  and  writing  to  the 

receiver  with  same  and  thereon  ..... 

Writing  to  ]plaintilf 's  S(dicitors  in  icjily  to  their  letter 
of  the  5th  instant,  reipicsting  to  .see  the  deed  of  settle- 
ment, counsel's  opinion  referred  to  in  our  letters,  and 
iid'orming  them  we  would  produce  them  at  any  time 
on  their  making  an  a]ipointment  for  that  purpose       .     0     3     G      '  0     3     G 

7.  Attending  ]ilaintiff's  solicitors  on  their  calling  as  to 
taking  the  opinion  of  counsel,  and  lending  them  copy 

settlement  for  that  ])urpo.se 0     G     8         0     G     8 

Writing  to  the  receiver  in  reply  to  his  letter  of  yestenlay, 

and  acknowledging  receipt  of  Mr.  's  account .     0     3     G         0     3     G 

Perusing  account,  folios  10.         .         .         .         .         .034         034 

y.  Attending  jilaintilf 's  solicitors  on  their  calling,  and 

in   very  long    interview  with  them,  fully  c.\])laining 

to   them   the  nature   of  the  fresh   ajiplication  which 

had  arisen   with  regard   to  Mr.  's  claim,  and 

advising,  engaged  a  very  long  time      .... 
Writing  to  defendant  very  fully  on  the  result  of  our 

interview  witli  jilaintilf 's  solicitors  to-day  . 
Writing  to  Messrs.  and  giving  them  informa- 

tion tliey  desired  respecting  this  estate 

10.  Writing  to  Mr.  in  rejily  to  his  letter,  and 
acknowledging  receipt  of  his  claim     .... 

Writing  to  the  receiver  therewith  and  thereon 
Writing  to  plaintiff's  solicitor3  for  copy  of  settlement 

lent  to  them 03G         03G 

11.  Attending  plaintin''s  solicitors  on  their  c;\lling,  and 
conferring  with  them  on  this  matter,  and  as  to  the 

V   Y   2 


0 

3 

G 

0 

.'i 

0 

0 

1 

0 

0 

1 

0 

0 

3 

G 

0 

3 

G 

0 

3 

G 

0 

3 

G 

0 

3 

G 

0 

5 

0 

0 

6 

8 

0  13 

1 

0 

3 

G 

0     3 

() 

0 

3 

G 

0     3 

G 

0 

3 

G 

0     3 

G 

0 

3 

G 

0     3 

G 

G92 


APPENDIX   III. 


Lower  Scale.    Higgler  Scale. 
t     s.      d.  £     s.      d. 


possible  defect  in  the  claims  niade  by  persons  claiming 

to  be  a'.^^ui.-5wc-fr»sf  of  the  testators  estate        ,.         .     0     b     o 
12   Attending,  the  receiver  in  long  interview  with  re- 
';.:^rto  the  claims  made  by  persons  claiming  to  be 

^Zuis-que-trust,  and    advising,  also   conferring    and 

jSg  him  generally,  and  receiving  his  instructions,     ^     ^     ^        ^  ^^     ^ 

wimn  "tfaS^  reckver  with'  and  'upon  lett'er  received 

'  ffc^rxMessrs.  .vith  their  client's  claim,  and     ^     ^     ^        ^     ^     ^ 

making  copy  letter  to  enclose     .         '     .,, ;•,.  i  J^er  of 
Writing  to  Messrs.  ..       m  rep  y  to  then    ettei  ot  ^     ^ 

yesterday's  date  containing  their  clients  daim 
IS^AVritingtoMr.  in  reply  to  his  letter  of  the     ^     ^     ^        ^     ^     ^ 

12th  instant,  enclosing  his  claim         .         •         •         *     n     3     6        0     3     (J 
Writin<'  to  the  receiver  therewith  and  thereon       ...     U     J 
W      ng  to  the  receiver  in  reply  to  his  letter  as    0  claim 

of  Mr.  fur  salary,  and  mfurimng  him  he  ^^  as  ^     ^         ^     ^     ^ 

not  entitled  to  the  amount  claimed  •         •         • 

U    Attending  the  receiver,  conferring  ^Y^l   l^l^^.  ^^^  the 

business  aiKl  advising  hiin  thereon,  and  obtaining  Ml.     ^     ^     ^        ^    ^     ^ 

's  address       .         •         •       , "  .       'n-      '     ■+!,' 
17    Attendinc;  plaintiff's  solicitors  on  their  calling,  witn 
re^rence  to  the  settlement,  and  very    ully  on  the 
nSr,  and  as  to  counsel's  opinion,  and  we  advised  ^     ^         ^     ^     ^ 

them  same  could  not  be  impeached    .         •         •         • 
AVritinc  to  plaintiff's  solicitors  with  reference  to  the 

pSnt  position  of  affairs,  and  the  necessity  of  imme- 
diate action  being  taken     .         .         ■         •         •         :. 
18    In  consequence  of  the  notice  which  we  had  give    ot 

the   intention  of  the  defendant  to  sell  tl'e  fu  '.ntuie 

attending  the  receiver  on  his  calhng,  and  conteiring     ^     ^     ^         ^     ^ 

with  liini  thereon        .  •         •  '       ■  \       c' 

At  ending  the  auctioneer  on  his  calling,  with  reference 

trtheVoposed  sale  of  the  furnituixv^nd  advising     ^^     ^     ^         ^     ^ 

wlitinl^ToX  defendaiit  as'  to  the  auctioneer  coming 

down  as  to  the  sale  of  the  furniture  _  .         .         •         • 
21    Writing  to  plaintiff's  solicitors   in   repU   to  tliui 

letter  of?he  20th  instant,  requesting  them  to  expedite     ^     ^     ^         ^     ^ 

matters  as  much  as  possible        .         •         :.    ,     }       ■' 
Writing  to  the  defendant  as  to  the  extent  ot  the  fuini-  ^^     ^ 

tare  she  could  sell,  and  thereon  ,         .         •         •         • 
23    Attending  Mr.  ,  a  creditor,  on  his  calling, 

and  inlbrndng  him  the  position  of  matters,  and  con-     ^     ^     ^         ^     ^ 

ferriii"  with  him  thereon    .         .         •         •         '■   .     ]■ 
Writing  to  Mr.  ,  acknoAvledgmg  the  receipt  ol     ^     ^     ^_         ^     ^ 

Ills  claim,  and  thereon        .         •         •         •         •         *    q     3     (;        0     3 
The  like  to  Messrs.  <x  (^0.      .         •         •         • 

Wiltin-  to  the  receiver  with   these   two  claims,   an.l 


0     3     0         0     3 


0     3     G         0     3 


9/AUendin''  Mr!         '        ,"a  creditor,  on  'his  calling 
''fotlnforn^rtion  as  to  the  'position  of  this  estate,  and 


informing  him  thereof 


0     3     0         0     3 
0     0     8         0     0 


0     3 

0 

0     3 

0 

(J     3 

C) 

0     3 

(3 

0  10 

0 

0  10 

0 

0     3 

(; 

0     3 

(J 

0 

1 

4 

0     1 

4 

0 

1 

4 

0     ] 

4 

COSTS,    CHARGES,    AND    EXPENSES   OF   DEI'ENDANT.  003 

Lower  Scali'.    Iliglier  Swile. 
K     s.      il.  £     s,     d. 

Writiiij:;  to  the  receiver  with  and   upon  a  Lundle  of 

claims 0     3     (!         0     3     G 

25.  Writing'  to  tlie  rcccivir  in  reference  to  the  secu- 
rities at  the  Bank 0     3     G         0     3     G 

Attending  Mr.  on  his  calling  witli  reference  to 
his  claim,  and  conferring  as  to  the  position  of  this 
matter 068        0C8 

Writing  to  defendant  a  long  letter  in  n']ily  to  hei-s,  in 

•*  reference  to  the  sale  of  the  furniture,  &c.    . 

"Writing  to  the  auctioneer  on  the  subject 

2G.  Writing  to  tlnre  creditors,  acknowledging  receipt  of 
their  claims,  and  tliereon    ...... 

Writing  to  the  rerciver  witli  and  upon  the  three  claims 

27.  Writing  to  tlie  receiver  in  reply  to  his  letter,  as  to 
the  claim  of  Mrs.  03G         03G 

Attending  summons  taken  out  on  behalf  of  the  idaintiffs 
and  the  receiver  for  directions  as  to  proceeding  with 
rt.'ference  to  the  furniture  c()m]irised  in  tlie  post- 
nuptial settlement,  when  the  chief  clerk  refused  to 
give  any     . 06     S         068 

Paid  for  copy  affidavit  of  in  support  of  sum- 

mons, folios  4      .......         . 

Perusing  same 

28.  Attending  plaintifl's  solicitors  on  their  calling,  con- 
ferring further  as  to  the  furniture  when  they  decided 

not  to  take  any  further  steps  in  the  measure  at  present     0     6     8         0     6     8 
AVriting  Mr.  acknowledging  receipt  of  his  claim 

for  £  ,  and  thereon    ...... 

Writing  to  the  receiver  with  same  and  thereon 

31.  Writing  to  three  creditors  acknowledging  receipt  of 

their  claims,  and  thereon     ...... 

Writing  to  the  receiver  with  and  upon  these  three  claims 

Xovcmbcr  1st. 

Writing  to  the  receiver  in  reply  to  his  letter  forwarding 
us  schedule  of  deeds    ....... 

Sittings  fee 


Michaelmas  Sittiuys,  1876. 

2.  Attending  ^Nfr.  a  creditor  with  reference  to 

his  claim  and  giving  him  information  and  conferring 

very  fully  as  to  the  position  of  the  estate    .         .         .068         0     (>     8 
Writing  to  defendant  in  reply  to  her  letter  of  the  1st 

inst.  as  to  the  claim  made  by  Mr. 
Writing  to  Mr.  upon  the  subject 

Writing  to  the  receiver  enclosing  Mr.  's  claim  and 

exjilaining  to  him  the  state  of  the  account  . 
4.  Attending  [Messrs.  ,  creditors,  and  infoiniing 

them  the  position  of  this  matter  .... 


0     3 

6 

0     3 

6 

0     3 

6 

0     3 

G 

0  10 

6 

0  10 

6 

0    3 

6 

0     3 

6 

0     3 

6 

0     3     6 

0  13 

0 

0  10     0 

0 

3 

6 

0 

3 

6 

0 

3 

(■> 

0 

3 

0 

0 

3 

G 

0 

3 

6 

0 

6 

8 

0 

6 

8 

Lnwer  Scale.    Higher  Scale. 
£•    s.     d.         £     s.     d. 

Attending  the  auctioneer,  conferring  Avith  bini  and  ad-     ^     ^     ^        ^     ^     ^ 
y^'T^'^''       -the -collator  of  poor  rales  in  ^^^ 

renlv  to  his  of  the  2nd  inst.        .         •         •         • 
Writing  to  the  receiver  .vith  and  upon  the  notices  re-     ^     ^     ^        ^     ^     ^ 

ceived  from  the  collector     .         •         •   .     •         '•  i.     V 
6.  Writing  to  two  creditors  acknowledging  receipt  ot     ^     ^     ^         o     7     0 

their  claims,  and  thereon     .         •         \        '•,'•„'     n     "i     ^^         036 
wSg  to  the  receiver  with  and  iipon  the  two^^^^^^^  0     3b 

7    Attending  receiver  on  his  calling  on  his  haMng  re 
\dvedthe^hree  bills  of  exchange  from  Ce,^^^^^^^^^^ 
to  the  proof  to  be  made  by  him  and  for  Avhat  amount     U 

Attending  atthe  office  of  the  trustee  ot 

&  Co  testate,  in  respect  of  the  three  bills  of  exchange 

held  bv  the  receiver  chargeable  thereon,  and  ol)tam- 

in-  information  from  him  as  to  the  position  theieo      . 
wSing  to  Messrs.  &  Co.  on  the  busmess  and  a. 


heldbvthe  receiver  chargeable  thereon,  and  obtaui-     ^     ^     ^         ^     ^ 
'irthldivtodstoberecdyTdi^^^^^^^  ^     3     ^         0     3 


0     6     8         0     6 


the  estate  of  Messrs.  &  Co.  _  . 

Writing  to  the  receiver  in  reply  to  his  letter  as  to  the  ^     ^         ^     ^ 

position  of  the  estate  of  Messrs.  .      ^  ^o     .         • 

AVriting  to  the  auctioneer  requesting  him  to  send  paiti  ^     ^         ^     ^ 

culars  of  property  to  Mr.  •         •         • 

8.  Attending  Mr.  ,  a  creditor,  on  h     <^^ 

handing  us  his  claim  and  conferring  with  him  there^     q     g     g         0     6 

q  ^Attendinr'the  auctioneer  on  his  calling  with  refe- 
rtnce  to  the  sale  and  conferring  and  advising  hna  and 

Writing  to  the  receiver  with  k  detailed  account  of  q     3     6         0     3 

claim,  and  thereon      .         .         •.        '    i     i   •  ■  *    -u;,,', 

10.  Attending  the  receiver,  confemng  and  advising  hiiu  ^     ^ 

as  to  the  claim  against  tlie  estate  of  Z^t,,^: 

1 1.  Writing  to  the  receiver  with  and  ^H^on  "py  letter 
received  from  the  trustee  ot  -^^  Co.  as  to  t  e 
receiver's  claim  and  admitting  ivroof  for  £  '  ^" 

not  for  notarial  charges  since  the  date  ot  liauidatu-n  ^     ^         ^     ^ 

and  returning  him  the  three  bills         .         •         •         • 
Writing  to  the  trustee  in  reply  tn  his  letter  ot  the  10th     ^     ^     ^         ^     ^ 


Writing  to  pluiutiif's  solicit..!^  as  to  the  £  .  ^'^'!{':^' 
vanced  by  their  client  to  Mr.  and  paid  by  huu 

ul^Wdting  to  the  receW^r  and  informing  him  that  the 
dayfora"ljudicati.monclahuswus  cluse  at  hand  and 
tSt  we  hid  not  received  from  hi>u  the  list  ol  claims 
to  carry  into  Cbanibers        .         ■         •         '  ,   •  '    ...vv 

Vy    Attending  the  receiver  on  his  calling  and  m  vci} 
iom!  interview  with  him  as  to  the  adju^^^^^^^^^ 
claims  when  he  promised  to  s.nd  us  a. St  thereot  0     6     8 

17    Having  received  list  <.f  claims  irom  the  receiver  t 
had  been   received  by  him   in   ">.'^7'^;«;\7,\\^     ;^^, 
e^^tato,  writing  receiver  in  reply  to  his  letter  ot  this  daj 


0     3     6         0     3 
0     3     6         0     3 


0     6     8         0  13     4 


COSTS,    CIIAUGES,    AM>    tlXl'KNSlvS    OF    DKFENl'AMT.  OUO 

Lower  Scali'.    lliglirr  Scah'. 
a     s.      (/.  JC     s.      (/. 

and  that  we  sliouM  imt  be  jjieparod  to  complete  the 
adjudication  at   tlie  apitoiiitnieut  and  niu.st  ask  thf 

cliief  clerk  for  an  adjournment 0     3     0         0     3     G 

IS.  Attending  the  receiver  for  a  list  of  the  personal 
estate  of  the  testator  at  his  decease  and  for  a  list  of 
outstanding  personal  estate  and  undertaker's  account 
in  enable  the  defendant  to  answer  accounts  and 
en<[uiries  directed  by  the  administration  order,  also 
conferring  as  to  the  list  of  claims  sent  in,  and  as  to 
their  investigation,  when  it  appeared  that  a  great 
number  of  debts  from  the  testator  to  underwriters 
and  others  who  had  not  sent  in  their  claims  pursuant 
to  the  advertisement,  when  it  was  deciih'd  to  take 
the  cliief  clerk's  directions  as  to  same  at  aiipointment 
to  adjudicate  on  claims • 

20.  Attending  a]ipointment  to  adjudicate  on  claims, 
same  adjourned  until  11th  December,  some  of  Ceylon 
papers  not  having  arrived,  and  explaining  to  the  chief 
clerk  that  it  appeared  from  the  test^itor's  books  debts 
were  owing  to  underwriters  who  had  not  sent  in  their 
claims,  when  he  directed  same  should  be  set  out  in  a 

schedule  to  the  atlidavit  verifying  receipt,  &c.,  of  claims     0     6     fi         0  13     4 

Writing  to  j\Ir.  's  solicitor  for  a  creditor,  inform- 

ing him  of  the  adjournment        .         .         .         ..036        036 

Writing  to  the  plai'ntitrs  solicitors  as  to  their  client's 
claim  and  as  to  the  adjourned  appointment  to  ailjudi- 
cate  thereon  for  the  11th  ]iroximi)       .         . 

Attending  the  auctioneer  on  his  calling  this  day  as  to 
the  sale  of  the  furniture  and  advising  him  thereon      . 

21.  AVritingto  Mr.  in  reply  to  his  letter  and 
acknowledging  receipt  of  his  client's  claim 

Writing  to  the  receiver  therewith,  and  thereon 

22.  Writing  to  Mr.  in  reply  to  his  letter  of 
yesterday's  date  and  informing  him  that  the  apjwint- 
inent  for  adjudication  on  claims  was  adjourned  till 
the  11th  proximo 

23.  Attending  Mr.  ,  conferring  with  him  in  refer- 
ence to  his  client's  claim  and  as  to  neces.sity  of  proof  .     0     6     8         0     6     8 

Writing   to   three   creditors   acknowledging   receipt   of 

tlieir  claims,  and  thereon 0  10     C         0  10     6 

24.  Attending  the  receiver  on  his  calling  with  reference 
to  the  adjudication  of  certain  debts  of  which  he  had 
received  no  notice,  and  conferring  and  advi:-iiig  wilh 

],ini 068         06     8 

Writing  to  the  receiver  in  reply  to  his  letterandacknow- 

leilging  receipt  of  claims      .         .         .         .         •         .036         036 
On  receipt  of  list  of  claims  not  sent  in,  perusing  s;une, 

fo.  26 

The  like  of  assets  still  outstinding,  fo.  20 

AVriting  to  defendant  with  and  upon  list  of  claims  for 

her  ])erusal •         • 

28.  AVriting   to    defendant    acknowledging    receipt    of 

claims,  and  thereon 


0 

3 

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0 

3 

6 

0 

6 

8 

0 

6 

8 

0 

3 

6 

0 

3 

6 

0 

3 

6 

0 

3 

6 

0     3     6         <)     3     6 


0 

8 

8 

0 

8 

8 

0 

6 

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0 

6 

8 

0 

3 

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0 

5 

0 

0 

3 

6 

0 

3 

6 

696  APPENDIX   IIT. 


lower  Scale.    Higher  Scale. 
£     s.      d.  £     s.      d. 


0     5 

0 

0 

5 

0 

0     4 

0 

0 

4 

0 

Decemher  6th. 

Attending  the  receiver  for  information  as  to   various 

claims  and  discussing  the  action  generally  .         .         .068 

Writing  to  plaintift's  solicitors  acknowledging  recei]3t  of 

their  client's  claim  and  rec|uesting  to  see  them  thereon     0     3     6 

7.  Attending  the  receiver  again  this  day,  conferring  with 
him  as  to  various  claims,  receiving  explanations  and 
advising  him  thereon  .         .         .         .         .         .         .068 

8.  Drawing  list  of  claims  sent  in  jnirsuant  to  advertisement 
and  arranging  same  in  schedule  and  fair  co^Dy,  fo.  54     1   16     0 

Drawing  account  of  debts  appearing  to  be  due  by 
testator's  books  but  of  which  no  claims  had  been  sent 
in  and  fair  copy,  fo.  26        .         .         .         .         .         .     0  17     4 

Attending  plaintiff's  solicitors  on  their  calling  with 
reference  to  their  clients  claim  for  £  and  confer- 

ring with  them  as  to  the  course  they  intended  to  pursue     0     6     8 

"Wiiting  to  the  receiver  in  reply  to  his  letter  as  to  the 

defendant  making  atfidavit .         .         .         .         .         .036 

Drawing  and  fair  copy  notice  to  Mr.                to  produce 
probate  of  will  of        at  appointment  on  Monday 
under  which  he  claimed  to  be  a  creditor  to  the  testa- 
tor's estate 

Service  thereof 

Writing  to  the  receiver  as  to  granting  a  power  of  attor- 
ney to  Mr.  and  with  a  copy  of  the  chief  clerk's 
note  made  on  summons  to  appoint  Mr.  re- 
ceiver's agent  at  Colombo 0     3     6 

Instructions  for  affidavit  of  defendant  answering  accounts 
on  encpiiry  directed  by  administration  summons. 

Drawing  same,  fo.  14      . 

Engrossing  same     ........ 

Writing  to  defendant  at  as  to  making  affidavit 

9.  Attending  deponent  before  a  commissioner  to  be 
sworn  to  same     ........ 

Paid  commissioner  taking  deponent's  oath 

Making  cojjy  of  same  to  be  marked  as  an  office  copy 

Paid  filing  affidavit 

Paid  lor  office  copy         ....... 

Notice  of  tiling  same,  co])y  and  service  .... 

Instructions  for  joint  atiidavit  of  defendant  and  others  as 
receipt  of  claims  ....... 

Drawing  same,  fo.  16 

Engrossing  same     ........ 

IVIaking  co]iy  list  of  claims  as  exhibit  A.,  fo.  54 

The  like  exhibit  B.,  fo.  26 

Preparing  four  exhibits  ....... 

Attending  defendant  before  a  commissioner  to  l)e  sworn 

to  same 068         06 

Paid  commissioner  taking  deponent's  oath  and  marking 

exhibits 026         02 

Attending  deponent  (defendant's  solicitor)  before  a  com- 
missioner to  be  sworn  to  same 0     6     8        0     6 


0 

6 

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0 

14 

0 

0 

14 

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4 

8 

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0 

6 

8 

0 

6 

8 

0 

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0 

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6 

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4 

8 

0 

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8 

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2 

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0 

2 

0 

0 

2 

4 

0 

2 

4 

0 

4 

0 

0 

4 

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0 

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6 

8 

0 

K) 

0 

0 

16 

0 

0 

.") 

4 

0 

5 

4 

0 

18 

0 

0 

18 

0 

0 

8 

8 

0 

8 

8 

0 

4 

0 

0 

4 

0 

iiwcr  Scalf. 
i;     s.      d. 

HiKlicr  Scale. 
Ji,     t.      d. 

0     2 

G 

0 

2     G 

0     G 

8 

0 

G     8 

0     3 

G 

0 

3     G 

0     5 
0     2 
0     2 
0     4 

4 
0 
8 
0 

0 
0 
0 
0 

5     4 
2     0 

2     8 
4     0 

0     G 

8 

0  13 

4 

0     3 

G 

0     3 

() 

0     3 

G 

0     3 

G 

COSTS,    CnARGES,    AND    EXPENSES   OF    PEFENDANT.  007 


Paid  commissioner  taking  deponent's  oath  ami  marking 

exhibit 

Attending  the   receiver  before  a  commissioner  to   be 

sworn  to  same     ........ 

Paid  comiiiissiuner  taking  deponent's  oath  and  marking 

twt)  cxhiliits         ........ 

11.  Making  copy  ()f  aflidavit  to  be  marked  as  an  office 
copy,  fo.  IG 

Paid  filing  atiidavit 

Paid  for  office  copy  ....... 

Notice  of  filing  same,  copy  and  service  .... 

Attending  the  receiver  on  his  calling  in  very  long  confe- 
rence as  to  the  present  position  of  nuiltL-rs  and  as  to 

tlie  proceedings  to  be  taken  against  the  l!aiik 

or  the  plaintiifs'  and  advising  him  thereon . 
"Writing  to  Mr.  as  to  the  sale  of  the  furniture     . 

The  like  letter  to  the  defendant      ..... 
Attending    adjourned   ajjiiointment   to    adjudicate   on 

claims  when  the  chief  clerk  allowed  all  claims  in  first 

account,  and  also  in  thesecond  part  except  the  jilaintiff's 

and  nine  others,  and  directed  notice  to  be  sent  to  tliem 

informing  them  the  amount  allowed,  and  that  if  they 

claimed  a  larger  sum  to  send  an  explanation  as  to 

amount  in  disjaite.     As  to  plaintiff's  claim  a  formal 

demand  to  Ije  made  to  the  Bank  to  refund  the 

£        ,  and,  if  they  declined  to  return  same,  a  case  to  be 

laid  before  counsel  to  advise,  the  iilaintitl  in  the  meaTi- 

time  not  to  realize  security.    And  as  to  the  debts  in  list 

B.,  the  chief  clerk  directed  a  notice  to  be  sent  to  each 

creditor  directing  him  to  send  in  any  claim  by  tlie 

next  appointment,  and  the  chief  clerk  also  gave  direc- 
tions that  the  creditors  holding  securities  were  to  pro- 
duce Siime  at  the  next  apiiointinent,  and  we  were  to 

give  notice  to  them  of  adjourned  appointment    .         .110         2     2     0 
"Writing  to  plaintiff's  solicitors  informing  thereof  and 

thereon 0     3     G         0     3     G 

The  like  to  the  receiver.         .         .         .         .         .         .     0     3     G         U     3     G 

12.  Writing  to  Mr.  ,  returning  him  jirobate  of 
will  of  ,  and  informing  him  the  chief  clerk 
had  allowed   £1   Is.  for  production  of  same,  which 

would  be  added  to  the  debt 0     3     6         0     3     6 

"Writing  to  the  receiver  on  the  business  and  as  to  an 

appointment  to  see  him  on  tlie  result  of  the  ajipoint- 

ment  yesterday  before  the  chief  clerk         .         .         .036         036 
Writing  to  Messrs.  ,  creditors,  informing  them 

that  their  claim  had  been  allowed  at  a  reduceil  amount 

to  tliat  claimed,  and,  if  they  claimed  a  larger  sum,  to 

communic;ite  witli  us  and  send  ns  explanations  as  to 

amount  in  dis]>ute      ....... 

Writing  nine  similar  letters  to  other  creditors 

Writing  to  Messrs.  &  Co.  in  reply  to  their 

letter  of  this  dav  as  to  the  position  of  the  action  as 

requested   .         .' 036         036 


0     3 

G 

0     3 

fi 

1   11 

6 

1   11 

G 

m  Ari>E>^DlX   111. 


Lower  Scale.    Higher  Scale. 
£     s.     d.         £     s.     rf. 

0    3     6         0     3     6 


-iir  •4-       4.^  Afr  solicitor  to  Messrs.  > 

''«qul  ng  urn  to  produce  at  thenext  appointment  to 
S  udicatl  on  claims  Us  d.eufs.^unty  -^   ^- 

PrpDarinf'   summons   that   tne   receiv^x        ^ 

S10rS.n=Sn.an.W..^         „    3    „        ,     3    , 
same  sealed        .•••''  .020030 


Paid  stamping  same       •  ^,    •    ,     '         *         '         '         !     0     2     0         0     ^     - 

attending  posting  same  at  U  6rf.  eatti        .         •         _     q     5  n         0     5  U 

S^'v?S^  to  tl.  receiver  ^u  the  ^---j -{^^^ 

taking  the  opinion  of  counsel  as  to  his  r.gM..^^amst     ^     ^     ^        ^     3     ^ 

the  Bank       .         *     i-^-      on  his  calling,  and 

^^??:^si'^lnforn.tio.;i^  the  posits  ^     ^     3         ^     6     8 

asreciuested         .         •         •         'y.'         '         .         .068         068 

to  adiudicate  on  claims,  and  fair  copy        '         •        j 
Makin- 55  copies  for  service,  addressing,  makmg  up,  ana  ^     ^     6 

attending  ti  post  same  at  is.  6f?.  each         .         •         ;     ^     4     7         0     4     7 

Paid  postages         •         •    .     •         •     ■,  .'  i  i*.',.  ^s  to  the  „     „ 

AVriting  to  Mr.    _         .       m  reply  to  In.  lettei  as  r  036         036 

admission  of  his  claim         .         "    ^^  !„  ivr "  's 

Attending  Mr  ,  ^V'^' "luThA  "months' 

claim,  Avho  clamied  to  Lepul  in  lull  .068         068 

salary,  and  conlernng  with  him  ^^^^^^^^^^^  ,efe- 

^r^"jLIts:^^l.!s^^^agai^ 
^^-kn!;:f^in^^^^ 

advising  him  thereon,  and  ^ve  were  ^o  ™J^^     ^ 

all  to  the  plaintilf's  ^^heitors  ;  ako  co^.knrn,,  ^^^l  .^ 

him  to  the  proposed  power  of  ^tto  ne>  to  . 

■i.rc3nt  at  ,  to  receive  assets  and  genciaLi}  q     q     g         0  13     4 

'tfu.  business,  and  advising  l^i"\tl\ercon       •         •         • 

take  with  reference  to  receipt  ior  .£  .  0     3     6         0     3     6 

hv  the  testator's  son  to  their  clients  •         •    ^^^^^ 

■NTakin"  copy  of  letter  received  irom  Air.  > 

tvHthrto   the  auctioneer  with  and  upon  same  "^     ^     3     ^        0     5     C 

reference  to  the  ^' crJequesting  them  to 

^PS't^tS^chief  clerk  af  S  ad,Urned  appoint- 


COSTS,    CIIAUGES,    AND   EXPENSES   OE   UEEENDANT.  O'J'J 

Lwwcr  Scalp.    Iligher  Scale. 
£     s.      (/.  £,     s.     d. 

nient  to  adjudicate  on  claims  the  security  held  by 

their  clients 036        030 

Attending  summons  for  leave  to  receiver  to  grant  power 

of  attorney  to  agent  (  ),  at  ,  to  receive 

money  and  give  receipts,  when  the  chief  clerk  required 

an  ailidavit   verifying   coiTef*pondence  between   the 

agent  and  Messrs.  &  Co.,  and  summons 

adjourned  .         .         .         .         .         .         .         ..068        0  13     4 

Making  copy  of  letter  receiviMl  fiuiii  plaint  ill's  sulicilors 

in  reply  to  ours,  and  writing  t(j  the  receiver  with 

same 046         050 

"Writing   to   the  plaintilfs  solicitors  in  reply  to  their 

letter  of  the  Kith  inst.,  and  as  to  the  communication 

we  were  about  to  make  to  the  Bank     .         .036         036 

18.  Attending  at  the  Bank  in  very  long  inter- 

view explaining  the  terms  upon  which  the  £ 

had  been  received  and  paid  into  the  bank,  but  llic 

manager  claimed  a  lien  thereon,  and  referred  us  to 

their  solicitors     .         .         .         .         .         .         .         .068        0  13     4 

"Writing  to  the  bank  solicitors  a  sjjccial  letter  on  the 

business  and  as  to  the  decision   of  the  bank  Avith 

reference  to  the  £  ,  and  form  of  receipt  that  the 

directors  woidd  reipiire 036        050 

'\Yriting  to  Messrs.  in  reply  to  their  letter  of 

the  16th  inst.,  as  to  their  claim  as  requested      .         .036         036 
Attending  Messrs.  ,  underwriters,  on  their 

calling  with  reference  to  their  claim,  and  giving  them 

full  explanations  as  to   the  position  of  matters  as 

requested 068        068 

Instructions  for  affidavit  of  receiver  as  to  the  corre- 
spondence between  his  agent  and  Messrs. 

&  Co.,  at  ,  in  support  of  adjourned  summons 

for  receiver  to  give  a  power  of  attorney  to  his  agent 

at  

Drawing  same,  f(dios  8 

Attending  deponent,  going  through  draft  ailidavit,  and 

settling  same 

Engrossing  same     ........ 

Marking  exhibit 

Attending  deponent  before  a  commissioner  to  be  sworn 
to  affidavit  ........ 

Paiil  commissioner,  taking  deponent'soath,  and  mark- 
ing exhibit  ........ 

Making  copy,  affidavit  to  be  marked  as  an  office  copy    . 

Paid  filing  affidavit 

Paid  for  office  copy         ....... 

Notice  of  filing  same,  copy  and  service. 
19.  AVriting  to  the  receiver  rei)Oiting  result  of  our  inter- 
view with  the  manager  of  the  bank   .         .         .         .036        036 

Attending  Mr.  ,  representative,  on  his  call- 

ing, and  conferring  with  him  in  reference   to    his 

claim 06     8         068 

Attending  Mr.  ,  an  underwriter,  on  his  calling 


0 

6 

8 

0 

6 

8 

0 

8 

0 

0 

8 

0 

0 

6 

8 

0 

6 

8 

0 

2 

8 

0 

2 

8 

0 

1 

0 

0 

1 

0 

0 

6 

8 

0 

6 

8 

0 

2 

6 

0 

2 

6 

0 

2 

8 

0 

2 

8 

0 

2 

0 

0 

2 

0 

0 

1 

4 

0 

1 

4 

0 

4 

0 

0 

4 

0 

700  APPENDIX  III. 


Lower  Scale.    Higher  Scale 
*•.     s.     d.         &     s.     d. 


and  conferring  on  his  claim,  and  giving  liim  informa- 
tion as  to  the  position  of  tlie  testator's  estate  as  re-    ^     ^     ^        ^     ^ 

(iiiested  .  .  •  •  •  •  ,  '  '  „f 
Attending  adjourned    summons    to    grant    power    ot 

attorney  to  the  receiver's  agent  when  the  cluet  clerk 

required  further  evidence,  and  directed  us  to  attend  ^     ^ 

before  him  to-morrow  wrth  same  .  •  .  •  ,  .  • 
Subsequently  attending  the  receiver,  conferring  with  him 


theieon,  and  as  to  obtaining    a  guarantee   for   Mr. 
,  his  agent,  for  £        for  due  performance 
of  power  of  attorney,  and  advising  him  tliereon 
Attending  Messrs.  &  Co  to  ascertain  if  t 

■I  1  '^        j.-_   Ar„  inr    4-.  .  Wl 


of  power  of  attorney,  and  advising  him  tliereon         .068        06 

ttending  Messrs.  &  Co  to  ascertain  if  they 

would  guarantee  Mr.  iov  £  ,^^uen     ^     ^^     ^         ^     ^ 


they  consented  to  do  so 0     6     8  0     6 

Instructions  for  guarantee      •         -^     '         *         "         "068  06 

Drawing  same  and  fair  copy,  lohos  o     .         .         ■         '906  00 
Paid  stamping  same       .         •         •       .  •         •         •         ;    , 

ittending^Messrs.  &  Co.  with  guarantee  and    •  ^     ^ 

obtaining  their  signature    .         ._      •         •    ,.'..• 

Instructions  for  affidavit  of  the  receiver  by  the  direction 

of  the  chief  clerk,  stating  the  amount  to  be  received  by 

agent,  and  that  the  matter  pressed,  and  in  justification 

of  guarantors  _    •      ^ 

Drawing  same,  folios  7 

Engrossing  same 

Preparing  exhibit  .         .         •         •  .    .  •         •         ' 
Attending  deponent  before  a  commissioner  to  be  sworn 

to  same  .  .  •  •  •  ^,'  .,'  \  ' 
Paid  commissioner,  taking  deponents  oath,  and  ex- 
Making  copy,"  affid'avit  to  be  marked  as  an  oltice  copy  . 
Paid  filing  affidavit 

Paid  for  office  copy         •         •         •  .      • 

Notice  of  filing  same,  copy  and  service  .         •         • 

20    Atten.ling    adjourned    appointment    on   summon. 

beforethechief clerk, whenordermade  to  grantpower 

of  attorney  to  ,  as  agent,  at  ,       •         •     0     6     8         u  1,5 

Attending  Messrs.  .     ,  creditors,  on   heir  call  ng, 

mving   them   information    respecting    the   testatoi  s 

estatcrasre.iuested,andconferringwith  them  thereon  0  6  8  0  6 
Writing  to  Messrs.  &  Co.  acknowledging 

receipt  of  their  claim,  and  thc'reon      .         .         •         •  l'  03 

Writing  to  the  receiver  therewith,  and  thereon  .  .036  0  ^ 
Writing  to  Messrs.  ,  creditors,  m  reply  to  tlu-.r 

lette?  as  to  the  position  ol  tins  matter  as  requested  0  3  6  0  3 
Writing  to  Messrs.  ,  and  infornung  them  that 

the  property  was  stdl  in  tlie  market  ,036         U     .:i 

Drawing  notice  to  creditors  in  V>.  list  to  send  m  tlu.r     ^     ^^     ^         ^     ^^ 

rr:^J^£^^J^t-:^S.....^^u..L..^;    :  0  18  0    oi8 

^rS:Xg  Messrs.             '         "^  C.;.  with  reference     ^     ^     ^         ,     , 
to  their  account,  and  thereon 


0 

6 

8 

0 

6 

0 

7 

0 

0 

7 

0 

2 

4 

0 

2 

0 

1 

0 

0 

1 

0 

6 

8 

0 

6 

0 

2 

6 

0 

2 

0 

2 

4 

0 

2 

0 

2 

0 

0 

2 

0 

1 

2 

0 

1 

0 

4 

0 

0 

4 

lie  Ifceiver 

0    f; 

8 

0 

n 

8 

0   13 

0 

0 

13 

0 

0     G 

8 

0     G     8 

0  10 

0 

0  10     0 

0     1 

0 

0     1     0 

0     G 

8 

0     G     8 

0     2 

0 

0     2     0 

COSTS,    CHARGES,    AND   EXPENSES    OF   DEFENDANT.  701 

I.cpw.r  Seal.'.    IliKher  Scale, 

Attending;  Mr.  ,  a  creditor,  on  his  calling',  and 

conferring  with  liiiii  as  to  the  position  of  the  tesUitcn's 

_  estate 0     G     8         0     G     8 

Instructions  for   powta-  uf  atturucy  fr<ini  tl 

to  

Drawin-,' same,  folios  l.J         .... 

Writing  to  tlie  receiver  requesting  to  call  upon  us  to 

finally  settle  same 0     3     G         0     3     G 

Subsequently  attending  the  receiver  on  his  calling  upon 

us,  and  going  through  and  settling  draft  power  of 

attorney 0     G     8        0     G     8 

Engrossing  same,  folios  13 044         044 

Attending  at  the  receiver's  office  for  and  obtaining  his 

execution  of  power  of  attorney  and  attesting  same     .     0     G     8         0     G     8 
Instructions  for  statutory  declaration  of  execution  of 

power  of  attorney       ....... 

Drawing  and  engrossing  same 

Preparing  exhibit 

Attending  at  the  Mansion  House  to  be  declared  tliereto 
Pai*}  fee  thereon     ........ 

Sul)seiiuently  attending  at   the  Lord   Mayor's   Court 

leaving  i)Ower  of  attorney  to  be  sealed  with  the  City 

seal,  and  subsequently  attending  for  and  obtaining 

same ° 

Paid  fees  •••...... 

AVriting  to  the  receiver  with  jjower  of  attorney  com- 
pleted   

Close  cojiy  order  of  the  20th  inst.,  folios  G      .         .         . 
Notice  to  settle  same,  copy  and  service  .... 

22.  Attending  Messrs.  &  Co.,  creditors,  and 
conferring  with  them  in  reference  to  the  position  of 

this  estate 06     8        0G8 

Writing  to   the  defendant  fully  as  to  the  sale  of  tlie 
fniiiitiire 03     G         03G 

23.  Attending  before  the  registrar  settling  draft  ohUt 
of  the  20th  inst 

Notice  to  pass  same,  copy  and  service    . 

Attending  Messrs.  &  Co.,  conferring  with  then 

in   reference  to   their  client's  claim,  and  informin" 

them  of  the  position  of  matters 0     6     8         0     6     8 

Making  copy  of  letter  received  from  the  solicitor  of  the 
Bank,  and  writing  to  the  receiver  with  same, 

and  thereon        .         .         .         .  '      . 

27.  Paid  stamp  for  order  of  the  20th  inst. 
Attending  jiassing  same  ...... 

Attending  Messrs.  &  Co.  with  reference  to 

their  claim,  and  conferring  with  them  and  informing 

them  the  position  of  tliis  estate 0     6     8         0     6     8 

28.  Writing  to  the   defendant  as   to   the   position   of 

"'atters 03G        03G 

29.  Attending  Mr.  ,  a  creditor,  on  his  calling 
witli  reference  to  his  claim,  and  conferring  with  him 

tliereon 068        068 


0 

6 

8 

0  13 

4 

0 

9 

G 

0     9 

G 

0 

3 

G 

0     3 

6 

0 

2 

0 

0     2 

0 

0 

4 

0 

0     4 

0 

0 

G 

8 

0  13 

4 

0 

4 

0 

0     4 

0 

0 

3     G 

0     T) 

0 

0 

3     0 

()     f) 

0 

0 

G     8 

0   13 

4 

702  APPENDIX    III. 


Lower  Scale.    Higher  Scale. 
£,     s.     d.         £,     s.     d. 

0     3     6         0     3     G 


Writin"  to  the  receiver  as  to  the  position  of  tlie  bank- 
ing account,  and  as  to  an  appointment  to  see  hun 
thereon ^.     •         ;.•,.' 

30.  Attending  Mr.  ,  a  credit.n-,  on  lus  calling, 

•  rivinrr  him  information  as  to  this  estate  as  requested, 
and  conferring  with  him  thereon        .         .         •         .     0     b     b 


January  \st,  1877. 

Attending  Mr.  ,  a  creditor,  on  his  calling  as 

to  his  claim,  and  giving  him  information  as  to  respect- 
ing this  estate     .         .         •         •         •         •         •     .    * 

Writing  to  the  receiver  on  the  business  and  re.iuestmg 

to  see  him  .         .         •         •         •.         '   ,      '  i   •  '  i      ' 
2    Attendingthereceiverby  appointment,  and  in  long 

"  interview  on  the  business,  and  especially  with  leierence 

to  the  claim  against  Bank,  receiving  his  views 

and  advising  iiim  thereon  .         .         •     ^,  •     „,.*       / 

Attending  searching  through  the  filet.f  tlie   Junes  to 

ascertain  the  date  when  the  death  ot  the  testator  was 

advertised,  but  could  not  find  same    .         .         .         • 

Paid  search    .         .         •         •'■,'■         '      \  '  ^       ' 
Writin"  the  receiver  with  further  claims  we   had  re- 
ceived, and  as  to  whether  he  had  Messrs.  ^     r,     o     r        n     -^ 
bill  of  exchange  for  £              .....         ..036         06 

Writing  to  the  testator's  son  on  the  business,  and  re- 
questing him  to  call  upon  us  to-morrow  .  •  .  • 
3  Attending  testator's  son  by  appointment,  conternng 
and  advising  him  on  the  business,  and  obtaining  in- 
formation from  him  respecting  the  transaction  with 
the  Bank      .         .         •         •.         •         •         • 

Instructions  for  case  on  behalf  of  the  receiver  for  counsel  s 
opinion  as  to  whether  he  had  any  right  to  proceed 
acrainst  the  Bank  for  the  recovery  ot  tlie  i.      , 

or  a-ainst  the  plaintiffs  for  the  recovery  of  the  bill  ot 
exchange  for  £        ,  and  generally  to  advise  lum  as  to 

the  course  to  be  pursued 

Drawing  same  and  fair  copy,  folios  10   . 

Attending  counsel  with  same 

raid  fee  to  him  and  clerk       .         .         •,.;,,•       ,' 
5.  Writing  to  two  creditors  in  rej.ly  to  their  ktlcis  as  u> 

their  claims          .         .          •          "  ■  i-*  "     ^    ' 
Making  copv  of  counsel's  opinion,  lolios  10    . 
Writin'^'  to  the  receiver  with  same,  and  thereon      .         . 
Writing  to  j-laintilf 's  solicitors  stating  the  opinion  <.t 
our  c°junsel  as  to  the  return  of  the  £       by  the 
Bank,  and  requesting  their  attention .         .         •         ■ 
6  Writin"  to  receiver  acknowledging  receipt,  ol  dralt 
*  as3ignm"ent,    prej.ared    by    plaintitf's    solicitors      (>1 
Messrs.                &  Co.'s  bill  of  exchange  to  the  plain- 
tiff    .        .        : 

Perusing  Fame,  folios  20 


0     6     8         0     6 
0     3     6         0     3 

0     6     8         0     6 


0     6     8         0     6 
0     10         0     1 


3     6         0     3 


0     6     8 


0     G 

8 

0 

0  13 

4 

0 

0     6 

8 

0 

2     4 

6 

2 

0     7 

0 

0 

0     3 

4 

0 

0     3 

6 

0 

0     3     6 


0     3     6         0 
0     6     8         0 


0     0 

8 

0     G     8 

0  15 

0 

0  15     0 

COSTS,    CIIAHGES,    ANI)    KXPKN.sKs    ( .F    J'Kt  KNltANT.  7()3 

Lower  S<aln.    Higher  S<ale. 
£,     s.     <l.  ^     s.     U. 

Aliikin<,' copy  to  ki'i'p 0G8         0G8 

Huvint,'  iVLL'ivt'tl  littir  Irum  tlu-  tK-iendaut  as  to  the  sale 
of  tlie  funiitiuv,  attending  tlie  auctioneer  at  liis  ollice, 
conferring  witli  liini  thereon 0     G     8         0     G     8 

8.  Writing  to  Mr.  infonnini,'  him  that  we  liad 

no  funds  out  of  wliich  to  pay  his  client's  interest  .030  0  3  G 
Writing  to  defendant  in  reply  to  her  letter  as  to  the 

sale  of  the  furniture 0     3     G         0     3     G 

Writing  to  Mr.  on  the  business,  and  requesting 

him  to  produce  his  client's  security  at  the  next  n[>- 

I>ointment  to  adjudicate  on  claims      .         .         .         .     0     3     G         0     3     G 

9.  Writing  to  plaiutiir's  solicitoi-s  in  rejily  to  their  h-tler, 
and  ajipointing  for  them  to  see  our  counstl's  opinion 

to-morrow 0     3     G         0     3     G 

10.  Attending  jilaintilf's  solicitors  l)y  ai»pniiitnicnt  on 
their  calling,  and  ]>erusing  case  and  opinion  of  our 
counsel  on  the  subject  of  the  claim  (A  plaintilis,  and 
conferring  with  them  thereon     .... 

Sittin'fs  fee     , 


Ilihrnj  f^ittiiKjs,  1877. 

11.  Writing  to  Messrs.  ,  solicitors  of  the 
Bank,   in   rejtly   to   their    letter   withdrawing   their 

flaim 036        03G 

"Writing  to  the  receiver  on  the  business,  and  requesting 
him  to  bring  with  him  to  the  ajjpointnient  this  after- 
noon on  claims,  letters  received  fiuiu  creditors  explain- 
ing the  disputed  amounts 0     3     G         0     3     G 

Making  copy  of  letter  received  from  the  defendant,  and 

writing  to  the  auctioneer  with  same    .         .         .         .050         050 

Attending  Mr.  ,  a  creditor,  on  his  calling  and 
giving  him  information  he  required  a^i  to  the  position 
of  the  estate 0G8         0G8 

Attending  atljourned  apjiointment  to  further  adjudicate 
on  claims  when  same  i)roceeded  with,  when  the  chief 
clerk  gave  directions  for  us  to  go  to  Lloyds  and  inspect 
their  hooks,  when  all  claims  were  adjudicated  e.vcej.t 
two  <ir  three 110        220 

Attending  appointment  to  answer  inquiries  directed  bv 

Uie  order     . '.     0     G     8         0   13     4 

12.  A\  riting  to  the  receiver  on  the  business,  and  instruct- 
ing him  to  go  to  the  offices  of  the  creditors  from 
Lloyds  and  inspect  their  books  with  a  view  of  check- 
ing their  claims,  a.s  suggested  by  the  chief  clerk,  and 
with  reference  to  the  atfi<lavit  that  would  have  to  be 

made  as  to  the  investigation 0     3     G         0     3     G 

Writing  to  Mr.  in  reply  to  his  letter,  and  in- 
forming him  that  his  claim  hud  been  allowed,  and 
returning  his  bill  of  exchange 0     3     G         0     3     G 

13.  Writing  to  the  plaintilf's  solicitors  requesting   to 

know  what  course  they  intended  to  pur.-ue  as  to  i:      .030         0     3     G 


704  APi'ENDix  in. 


Lower  Scale. 
£     s.     d. 


16.  Writing  to  Mr.  in  reply  to  his  letter,  offer- 

inc  to  accept   £  in   satisfaction  of  his  client  s 

claim ■,       *  •      1    ii  * 

Making  copy  of  Mr.  's  letter,  and  writing  to  tlie 

recei"ver  with  same,  and  thereon         •         '         \        ' 

Attending  plaintiff 's  solicitors  on  their  calling,  and  con- 
ferring with  them  as  to  the  position  of  matters  . 

18  Writing  to  plaintiff's  solicitors  as  to  their  letter, 
stating  they  were  going  to  take  their  counsel's  opinion 
as  to  the  £  ,  and  requesting  to  know  whether  they 
had  obtained  same      .         .         •         •         •         •  .       • 

22.  Making  copy  of  letter  received  from  the  receiver, 

folios?  ° ;.■■,;  T* 

Writing  to  Mr.  with  same,  and  m  reply  to  Ins 

letter  of  the  16th  instant    .         .         .         •   .     •     .    • 

23.  Attending  plaintiff's  solicitors,  conferring  with 
them  as  to  the  claim  of  the  plaintiffs   to    Messrs. 

&  Co.'s  bill  of  exchange,  when  they  promised 
to  write  us  on  the  subject  .         .         .         .         •         • 

24.  Writing  to  plaintiff's  solicitors  as  to  the  course  they 
intended"  to  pursue  with  reference  to  the  bill  of  ex- 
change of  Messrs.  &Co.  .         .         ..036         03 

Subsequently  attending   plaintiff's   solicitors  on   tlieir 

callin<^,  as  to  the  opinion  which  they  had  received  from 

their  "counsel,  and  agreeing  to  a  consultation  with 

ours  and  their  counsel         .         .         •         •         •.        :.    ^     ^     ^         ^ 
WritinfT  to  the  receiver  with  reference  to  the  claim  of 

the  °  Bank  on  estate    .         .         ..036        03 

Having  received  copy  of  plaintiff's  counsel's  opinion, 

perusing  same     .         .         .         •,,•.•./,,• 

25.  Making  copy  of  plaintill's  counsel  s  opinion  for  tlie 


0  3  6  0  3 

0  5  0  0  5 

0  6  8  0  6 

0  3  6  0  3 

0  2  4  0  2 

0  3  6  0  3 

0  6  8  0  6 


0     6     8        0     6 
0     2     0        0     2 


r('C6iv6r 

Writing  to  the  receiver  with  same,  and  thereon     .         .036         03 
jSIaking  copy  of  our  counsel's  opinion     .         .         .         .020         02 
Writing  to  plaintiff's  solicitors  with  same  as  requested.     0     3     6         0     3 
Prepai-rng  instructions  to  our  counsel  on  behalf  of  de- 
fendant to  consult  with  i)laintiff's  counsel,  and  en- 
deavour, if  possible,  to  come  to  some  determination  as 


to  the  respective  rights  of  the  parties,  and_  as  to  t fie 
course  to  be  pursued  with  a  view  of  obtaining  the 


money  from  Bank,  and  fair  copy  _.         .         .     0  10     0        0  10 

T^Iiikiii"  copv  of  plaintiff's   counsel's   (qnnion  for  our 

iUciKUi^       ij         1  .02002 

counsel n     ^     A  Ci     r 

Attending  counsel  with  same t     t         V     q 

Paiil  fee  to  him  and  clerk        .  .         •  •  •         .13     6         13 

Attending  counsel  appointing  con.sultation     .         .         .034         06 
Paid  f<-e  to  him  and  clerk       .         .  .  ...136  13 

Attending  plaintiff's  solicitors   on   their   culling,  with 

reference   to    the    consultation   with    the   respective 

counsel,  and  fixing  same     .         .         .         •         •         • 
26.    Attending    consultation    with   plaiiitifl  s  and  our 

counsel  as  to  the  right  to  proceed  against  the 

Bank 


0     6     8        0     6 
0  13     4        0  13 


0     G     8         0     G     8 


0    ^    a 


COSTS,   CIIAUGES,   AND    EXPENSES   OF   DEFENDANT.  705 

Lower  S.-.ilc    Higher  Scale. 

Attemliui;  Mr.  on  hi.s  oalliii-,',  with  lefeieiice  to 

liis  claim,  and  giving  him  the  inforniatidn  respecting 

the  position  of  the  estate     .         .         .         .         .         .008         008 

Writing  to  tlie  receiver  requesting  liini  to  let  us  have 

iiecessiiry  jjurticuhirs  to  enable  us  to  prepare  affidavit 

as  to  investigation  of  books,  Lh)yd's  creditors    .         .030         030 
30.  Attending  Mr.  ,  a  cieditor,  on  his  calling, 

conferring  Avith  him  and  inrnrmiiig  liiiii  the  positi(m 

of  tlie  estate         •••..... 
Writing  to  Messrs.  ,  the  solicitors  for  the' 

iinuk,  and   informing  them  we  proposed  to  issue  a 

summons  in  this  action,  calling  upon  the 

Bank  to  refund  the  £         ,  and  as  to  the  question  of 

jin-isdiction,  and  lefjuesting  to  hear  from  them  . 
Writing  to  plaintilfs'  solicitoi-s  very  fully  with  reference 

to  the  jurisdiction  of  the  Court  in  this  action  to  make 

the  Older  against  the  Bank    .         .         ,         .03     (;         o     3     (5 


F'.bninrij  1. 

Attending  ]tlaintifl'b'  solicitors,  and  conferring  Avith 
them  in  reference  to  the  (piestion  of  the  juristliction 
of  the  Court        ........ 

Attending  appointment  befoi'e  the  chief  clerk  to  further 
adjudicate  on  claims,  same  proceeded  with  and  ad- 
journed      .         .         , 

Writing  to  the  plaintiffs'  solicitors  (.n  the  business,  and 
for  copy  of  the  bill  of  exchange,  re  &.  Co.  in 

their  possession  ,         .»        .         .         .         .  .030 

2.  Writing  to  the  receiver  informing  him  of  the  adjourn- 
ment, and  requesting  him  to  let  us  have  the  necessaiy 
particulars  to  enable  us  to  draw  affidavit  as  to  the 

investigation  of  claims  of  Jiloyd's  ci'cditors  ,         .030         030 

3.  Writing  to  the  solicitors  of  the  Bank  fui-  a 
reply  to  our  last  letter  as  to  submitting  to  jurisdic- 
tion of  the  Ci  >urt 

[3.  Writing  to  testator's  sou,  reijuesting  him  to  call  uii.m 

us 

Writing  to  the  jilaintifTs'  s.dicitora  informing  them  that 

the 


0  0  8  0  0  8 
0  0  8  0  13  4 
0     3     0 


0 

3     () 

0 

3 

0 

0 

3    (; 

0 

3 

0 

J5ank  refused  to  .submit  to  the  jurisdic- 
tion of  the  Court         ••...,, 

Writing  to  the  .solicitors  of  the  Bank  thereon', 

and  re(jue.-ting  them  to  reconsider  their  determina- 
tion    ......... 

Writing  to  the  receiver,  infoiniing  him  that  (he 
Bank  refused  to  submit   to  tJie  juri.sdiction  of  the 
Court 

Attending  the  testator's  son,  and  conferring  with  hini 
as  to  the  evidence  he  could  give  as  to  the  notices  to 
the  Bank        

iVriting  to  Mr.  in  rej-ly  to  his  letter,  as  "to  his 
claim 


0     3     0 


0 

3 

0 

0 

3     0 

0 

3 

0 

0 

3     G 

0 

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8 

0 

G     8 

0 

3 

0 

0 

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Lower  Se; 
X.       6-. 

lie. 

Hi-lifi 

0 

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8 

0 

6 

0 

3 

6 

0 

3 

0 
0 

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1 

8 
0 

0 
0 

6 

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0 

(5 

2 

8 
0 

0 
0 

(5 
2 

0 

3 

6 

0 

3 

0 

3 

6 

0 

3 

70(5  APPENDIX    IIT. 


8.  Attending  the  receiver  at  Lis  office,  conferring  with 

him  as  to  the  proceeding's  against  the  Bank 

Subsequently  writing  t.)  tlie  receiver,  requesting  hmi  to 

inform  us  what  the  chiim  of  was  for      . 

Attending  searching  for,  and  obtaining  particuLirs  oi 
Messrs.  &  Co.'s  liqiiidatiou    .... 

Paid  search V      /    i    li 

Attending   at   Deacon's    News   Kooms    m   Leadenliall 
Street,"searching  for  death  of  the  testator  . 

Paid  search  fee 

"Writing  to  the  receiver  for  particuL^rs  as  to 

bankruptcy 

"Writing   to  phaintiftV   solicitors  as   to   the   course  we 

intended  to  adopt • 

12.  "Writing  to  plaintiffs'  solicitors   in   reply  to  then- 
letter  of^the         instant,  and  acknowledging  receipt 

of  copy  bill  of  exchange • 

Instructions  for  case  for  the  opinion  of  counsel  of  the 
Common  Law^  Bar  to  advise  on  behalf  of  the  defendant 
whether  she  had  a  good  right  of  action  against  the 
Bank  for  the  recovery  of  the  £ 
Drawing  same,  folios  24.         ... 

Making  fair  copy  of  same n     r     ft        (^    r 

Attending  counsel  with  same ^      '      .         ^     V 

Paid  fee  to  him  and  clerk ^     7     ^         "^rs     t 

Attending  counsel  appointhig  conference       .         .         .034         U     b 
Paid  conference  fee  to  him  and  clerk     .         .         .         .10     0         lb 

14.  Attending  confeT'cnce .0134         013 

"Writing  to  the  receiver  on  the  business,  and  requesting 
him  to  let  us  have  the  necessary  i)articulars  to  enal)lii 
us  to   prei>are   affidavit   of  investigation  of  Lloyd's 

creditors' claims 0     3     (5         0     3 

Writing  to  plaintillV  solicitors  as  to  tlie  result  of  con- 
ference with  our  counsel,  and  ])rui)osing  consultation 
of  our  counsel  with  theirs  thereon       .         .         .         .     0     3     (>         0     3 
20.  Instructions  for  affidavit  of  verifying  exami 

nation  (jf  Lhjyd's  creditors'  claims 

Drawing  same,  folios  o 

Engrossing  same 

Making  copv  list  of  these  cluims  as  an  exhilut,  fuho.s  K!     0     •>     4         U 

Preparing  exhilnt 0     10         0 

Attending  defendant  bclbre  a  comniis^i(.ncr  to  be  .swoin 
to  same       .....•■•• 
Paid   conimisHi(uier  taking  deponent's  oath  and  mark- 
ing exhibit 

Paid  tiling  affidavit 0     2     0         0 

Making  coy.y  of  allidavil  to  1-e  mnrl<ed  as  an  office  copy     0     18  0 

I'aid  for  office  copy 0     0  10         0 

Notice  of  tiling  same,  coi)y  ami  service  .         .         .         .040         0 
Making   copy  list  of  tlie.se  claims  for  the  cliiid'  cUik, 

folios  10 0     3     4         0 

Attending  phdntiffis'  solicitors  on  tlieir  cal.ing  as  to  tin; 
claim    a''ainst  the  P.ank,  and   -■onbTiiiig   willi 


0     3     0 


0  (•)  8  0  G 
14  0  14 
0     8     0         0     8 


0  0  8  0 
0  .-)  0  0 
0      18         0 


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0  2     (J  0 

0  2     0  0 

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COSTS,    (HAltiiKS,    ANI»    KXI'KSSKS    OF    ItKKKNDANT.  <••< 

l...\v.r  Sial.-.     lliKli'T  Scale-. 

£    5.    ./.       i    ».    <y. 

them  nil  the  coui-se  to  be  aihijitetl  as  to  the  su^ikos- 

tiun  of  a  further  meeting  of  counsel  in  consultation    .     0     G     S         0     G     8 
2h.  Attending   Messrs.  and    Co.,   solicitors,    fnr 

Messrs.  creditors  on  their  calling  ami  conferring 

with  thcni  as  to  the  ]K)sition  of  this  uctinn,  and  ex- 

jdaining  same  to  them 0     G     8         0     G     8 

Making  cnjiy  of  our  counsel's  opinion  of  case  laid  hefore 

him  for  the  ]daiiitilfs'  solicitors,  folios  10    . 
Writing  to  ]daiutilfs'  solicitors  with  same 
Writing  to   Missrs.  with  reference  to  the   case 

against  their  clients  the  liank     .... 

Making  cojiy  of  our  counsel's  opinion,  ftdios  10 
Writing  to  the  receiver  with  sam«  and  thereon 
Attending  ai)i>ointment  before  the  chief  clerk  further 

atljudicating  on  duimswhen  same  disposefl  of,  except 

the   jdaintitl's'  claim,  and  a]>]>ointment  was  further 

adjourned    ......... 

22.  Writing  Mr.  a  creditor,  in  rejdy  to  his  letter  as 
to  ])ayment  of  ilividend       ...... 

Writing  to  jduintiffs'  solicitors  in  reply  to  their  letter 

informing  us  that  they  had  obtained  an  appointment 

for  a  consultation  for  their  counsel  with  ours  for  to- 
morrow, and  that  we  would  tix  the  app<jintment  with 

our  counscd         .         .         .         .         .         .         .         .0     30         036 

Attending  our  counsel,  ajipointing  consultation  between 

him  and  jdaintillV  counsel 0     3     4         (>     G     S 

I'aid  fee  to  him  and  clerk       .         .         .         .  .  .      1      3     G  i      3     G 

Writing  to  the  receiver  informing  him  of  the  result  of 

the  ap]>ointment  before  the  chief  clerk  yesterday,  and 

date  of  tlie  adjournment      .         .         .         .         .         .     (t     3     G         0     3     G 

23.  Attending  consultation  with  our  coiuisel  and  plain- 
tiffs" when  Uiey  adviseil  that  a  claim  against  the 
l>ank  should  be  made  for  the  whole  sum  standing  at 
the         Bank  to  the  credit  of  the  estate  at  the  time  of 

death  of  the  te.^tator 0  13     4         0   13     4 

Attending  the  receiver,  informing  him  thereof,  and  con- 
ferring and  advising  him  thereon        .         .         .         .     0     (>     8        0     G     8 
28.  Instructions  for    case  for    the  opinion  of  another 

counsel  on  lnhalf  of  the  defendant  a«i  to  whether  she 

lia<l  any  right  to  claim  the  return  of  the  £  from 

the         Bank,  or  to  claim  the  balance  standing  to  the 

credit  of  test-iitor  at  the  time  of  his  decease 
1  )rawing  same  ........ 

Making  fair  copy  of  same,  including  coj)ies  of  document.s, 

folios  30 

Attending  counsel  with  same.         ..... 

Paid  fee  to  him  and  clerk        ...... 

Attending  counsel  ajipointing  conference 

Paid  conference  fee  to  him  and  clerk      .... 

Attending   conference  with  counsel   when   he   was 

write  his  o]>inion         ...... 

"Writing  to  Messrs.  and  Co.  in  lejily  to  their  letter 

as  to  their  claim  ....... 


0 

G 

s 

0 

G 

8 

0 

G 

8 

0 

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8 

0 

10 

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708 


APPENDIX    III. 


Lower  Scale.    Higher  Scale. 
£     s.     d.         £     s.      a. 


March  2. 

In  consequence  of  a  point  of  law  having  arisen  in  the 

case  relative  to  the  claim   against  the  banK 

Sttending  Messrs.  who  had  heen  concerned  m 

a^i  action  similar  to  the  proposed  one,  and  conferrmg 

with  them  as  to  the  course  of  the  arguments  and 

fully  thereon,  when  they  lent   us   a  copy   of   the     ^     ^^     ^         ^     ^ 

demurrer  in  their  action 0     (>     8         0     6 

Perusing  demurrer  book         .         •         '         '  xi     " 

6.  Writing  to  the  receiver  with  reference  to  the  coun-     ^     ^^     ^        ^     ^ 

sel's  opinion  and  thereon    .         .         •         '  ,i     *  i  •  ' 

8  Writing  to  the  receiver  with  reference  to  the  claim 

against  the  hank,  and  as  to  an  appointment  to     ^     ^     ^        ^     ^ 

see  him  thereon .         .         •         •    .     •       ,.'     •    '     -i-i* 

9  Attending  the  receiver  on  his  calhng  conlerring  with 
■  him  hereon  and  informing  him  the  course  we  in- 
tended to  pursue,  and  with  reference  to  the  bank     ^     ^     ^         _^     ^ 

and  fully  thereon         .         •         •     ,    '  ,       '  i       i 
Preparing  special  summons  for  hank  to  hand  over 

money  standing  to  the  testator's  credit  at  the  time  of 
Z  diath,  aiuf  £  suhsequently  paid  m,  and     ^     ^     ^         ^  ^g 

attending  to  get  same  sealed 0     2     0        0     3 

Paid  stamping  same        .         .•         •         •         •         '     q     2    0        02 
Afakin*' copy  to  leave  at  tluimocrs  •    .  ."         '         '     a     •>     r.         a     A 

C^l^an'lSviceofs.^^^^^  •         "     ^    ^         0    t 

The  like  on  solicitors  for  the  bank         ._        '       .*   ,     ' 
Writing  to  the  teskitor's  son  on  the  business  and  as  to 

S  making  an  application  in  support  of  summons  _    .0.0         03 
Attend  na  Mr.  a  creditor,  on  his  calling,  mformnig 

him  of  the  position  of  the   matter,   and   conlerrmg 

with  him  thereon  .  •  ,.  •  .  \  .  ;,  /  .„  ,f 
10    Writing  to  the  receiver  inlormmg  him  the  date  ot 

the  return  of  the  summons  and  thereon  _  .  •  ^  • 
Instructions  for  affidavit  of  testator's  son  m  support  of 

summons  against  the  bank  to  hand  over  money, 

&c.      .        .        .• 

Drawin"  same,  folios  16  •         •         •, .       '    ■.^  '    c    ' 

12  Attending  testator's  son  on  his  calling  with  refer- 
ence to  his  affidavit,  reading  over  and  settling  it         . 

Instructions  for  affidavit  of  the  receiver  further  m  sup- 
port of  Biuumons 

Drawing  same,  folios  G  .         •         •         •         *  -    n* 

1^1  akii.g  copy  of  same  for  las  perusal  as  re(iue^tod 

Writing  to  tlie  receiver  therewith  and  thereon       . 

13.  Engrossing  affidavit  of  testatin's  son 

Prepariri"  exhibit  .         .         •         •         •         •         "     ,  .' 

Att!-nding  the  testator's  son  on  his  being  sworn  to  h.s     ^     ^^^     ^         ^  ^. 

Paid  commissioner"taking  deponent's  oath  and  maiking 


0 

G 

8 

0 

6 

0 

3 

G 

0 

3 

0 

G 

8 

0 

6 

0 

IG 

0 

0 

16 

0 

G 

8 

0 

6 

0 

(i 

8 

0 

6 

0 

G 

0 

0 

G 

0 

2 

0 

0 

2 

0 

3 

G 

0 

3 

0 

.'-) 

4 

0 

5 

0 

1 

0 

0 

1 

Pa'id  the  testator's  son  his  fee  for  atlen-ling  and  makin 
the  affidavit 


0  2     6 

1  1     0 


COSTS,  CHARGES,  AND  EXPENSES  OF  DEFENDANT.     700 

Ij.wct  Scale.    llij?licr  Scalp. 
C      s.      it.  JC      ».      (I. 

Making' Ciipy  aflidavit  to  ho  marked  as  an  nllice  cnpy, 

luliiis  l(j 0     5     4         0     5     4 

Paid  iiliuj,'  adidavit 020         020 

Paid  lor  ollice  C(i]>y 028         028 

Notice  (if  filiiii;  Ihi.s  atfidavit,  2  ciijui's  and  services         .     0     C     G         0     G     G 
Attending  the  receiver  settlin<^  liis  allidavit  ami   con- 

lerring   and   arranging  appointmeut  fur    him   to   be 

sworn  thereto  tn-niDrrow 068         0G8 

14.  Engrossing  allidavit  of  receiver,  folio.s  6  .         .         .020         020 

Preparing  exhibit 010        010 

Attending  deponent  before  a  commissioner  to  be  sworn 

to  athdavit 0     G     8         0     6     8 

Paid  commissioner  taking  dejionent's  oatli  and  marking 

exhibit .026        026 

Making  copy  allidavit  to  be  mai'ked  as  an  oflice  copy     .020        o     2     0 

Paid  tiling  allidavit 020         020 

Paid  fur  oUice  dipy 010         010 

Drawing  allidavit  of        (defendant's  solicitor),  folios  6.060         060 
Engrossing  same,  including  copv  "f  con'cspondence,  &c., 

folios  18      .         .         .         .   ■ 0     (;     0         0     6     0 

Marking  4  exhibits 040        040 

Attending  deponent  before  a  commissioner  to  be  sworn 

to  same 068        068 

Paid  commissioner  taking  deponent's  oath  and  marking 

exhibits 0     5     6         0     5     6 

Making  copy  allidavit  to  1h' marked  as  an  office  CO}) V     .060        060 

Paid  tiling  allidavit ".020         020 

Paid  for  otiice  copy 0     3     0         030 

Notice  of  filing  these  aflidavits,  2  copies  and  services     .066        066 
17.  Attending   tlie  receiver  on  his  calling,  conferring 

with  him  as  to  tlie  position  of  this  matter,  and  as  to 

tlie   summons    that   had  been  taken  out  against  the 

Bank  and  advising  him  thereon  .         .         .         .068         068 
21.  Attending  sunmions  against  the  bank  when 

after  long  discussion  on  the  (juestiou  of  jurisdiction 

tlie  .'same  was  adjourned  to  tlie  Judge  at  tlie  recpie.st 

of  both  ]>arties 0     (!     8         0  13     4 

23.  Writing  to  the  solicitors  of  the  bank  with 

leference  to  their  consenting  ti)  the  jurisdiction  of 

the  Court  with  a  view  cif  saving  expen.^e     .         .         .     0     3     (!         0     3     6 

26.  Having  received  a  letter  from  Mr.  as  to  Mr. 

claim  of  tiic  23rd  inst.  writing  him  in  reply  .  0  3  (i  0  3  6 
Writing  to  the  rect-iver  with  and  U]»on  copy  of  Mr. 

letter  and  of  one  previously  reci-ivetl,  and  requesting 

his  in.st ructions  .         .         .' 0     3     6         0     3     6 

Making  copies  of  the  tw< I  hi ters  to  endo.-e     .         .         .030         030 

27.  Writing   to    the    receiver    as  to    wlullu-r    he    had 

received  any  news  from  his  agent  at  .         .036         036 

Attending  Messr.s.  creditorson  their  calling,  inform- 
ing them  the  position  of  this  matter,  and  generally 
conferring  with  them  thereon 0     6     8         0     6     8 

Writing  to  the  receiver  as  to  whether  Mr.  should 


'10  APPENDIX    ITT. 


Lower  Scale. 


0 

3 

6 

0 

3 

6 

0 

3 

6 

0 

3 

6 

receive  the  amount  claimed  and  as  to  otlier  matters 

requiring  attention 036         03 

29.  V/riting  to  the  receiver  in  reply  to  his  letter  of 
the  27th  inst.  as  to  Mr.  claim,  and  that  we 

would  write  to  Mr.  accordingly         .         .         .036         03 

"Writing  to  Mr.  and  informing  him  that  the  re- 
ceiver would  carry  out  the  terms  oi  arrangement  as 
soon  as  he  had  funds  in  hand 0     3     6         0     3 

April  4. 

Attending  the  auctioneer  with  reference  to  the  settle- 
ment of  this  matter 068         06 

5.  "Writing  to  the  defendant  in  reply  to  her  letter  as  to 
the  progress  being  made  in  the  settlement  of  the 
business  and  as  to  writing  t(.i  the  testator  s  son  at 

"Writing  to  the  receiver  in  reference  to  defendant's  letter 

6.  "Writing  Mr.  ,  a  creditor,  in  reply  to  his  letter, 
and  informing  him  that  the  receiver  had  no  funds  at 
present  to  p:iy  his  account 0     3     6 

10.  "Wiiting  to  testator's  son  at  a  long  and  ex- 

planatory letter  as  to  the  position    of  the  estate,  as 
required      ......... 

Paid  postage  ......... 

Drawing  brief  for  counsel  to  support  argument  in  favour 
of  jurisdiction  under  the  summons  against  the 
bank  adjourned  into  Court,  folios  20  ... 

Making  fair  copy  for  counsel 

The  like  of  summons,  affidavit  in  support,  and  corre- 
spondence, folios  46    ......         . 

Attending  coimsel  with  same 

Paid  fee  to  him  and  clerk 

Attending  appointing  conference  with  counsel 

l^aid  fee  to  him  and  clerk       ...... 

12.  Attending  conference     ...... 

Attending  the  receiver  on  his  calling,  as  to  the  hearing 

of  tlie  summons  by  the  Judge  in  Court  against  the 
bank  t(j-morrow  conferiing  and  advising  him, 
and  as  to  the  necessity  of  his  attendance     .         .         .068         06 

"Writing  to  the  solicitors  of  the  J^ank  and  informing 
tliem  the  summons  would  be  fust  in  tlie  list  for  to- 
morrow        0     3     6         0     3 

The  like  letter  to  tlie  solicitors  for  the  plaintiffs     .         .036         03 

13.  Attending  adjourned  summons  for  ])aynient  by  the 

Bank  to  the  defendant  of  amount  standing  to  the 
testator's  credit  at  his  death,  ami  £  subseipiently 
paid  in  when  Vice-Chancellor  directed  the  Bank 
to  come  in  an<l  sulmiit  to  the  jurisdiction  of  the  Court 
in  this  action,  and  liave  all  ((ueslions  between  the 
defendant  and  the  Bank  tried  as  if  a  separate  action 
for  that  i)urpose  liad  l)een  obtained,  the  Bank  un- 
dertaking not  t(;  pay  the  £  and  the  £  to  any 
one  in  the  meantime,  summons  to  stand  ovci-  for 
evidence  on  both  sides 0  13     4         II 


0 

3 

6 

0 

r> 

0 

0 

0 

8 

0 

0 

8 

1 

0 

0 

I 

0 

0 

0 

6 

8 

0 

6 

8 

0 

15 

4 

0 

15 

4 

0 

6 

8 

0 

6 

8 

3 

5 

6 

3 

5 

6 

0 

6 

8 

0 

6 

8 

1 

6 

0 

1 

6 

0 

0 

13 

4 

0 

13 

4 

0 

3 

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0 

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rOSTS,    CHARGES,    AND    EXPENSES    OK    DEFEKDANT.  711 

I.MWcr  Sciili'.     liiKlxr  Sculi'. 
i;      s.      il.  C      s.      d. 

1  1.  Writing;  to  the  receiver  inforiniiiL,'  liim  of  the  result 

of  the  application  to  the  Vice-Ch.inceUor  yesterday    .     <)     3     H         0     3     G 
Sittin-s  fee '.         .         .0150        0150 


EasUr  Sit(iiuj.<<,  1^77. 

in.  Writing:;  to    the  solicitors  for  the  hank  inforniiii;,' 

them  of  a{)])oiutinent  fur  Thursday  iiitxt  at         o'clock. 

to  fix  tiiue  for  lilin:;   evidence  on  claim  of  defendant 

av'ainst  the  Bank.  ..... 

Tla- like  letter  to  tlie  solicitors  for  the  plaintirts 

18.  Writing  to  the  receiver  cm  the  business  and  with 

notice  of  the  appointment  as  to  the  Bank       .036         036 

111.  Attend  ap]iointment  before  the  chief  clerk  to  limit 

the  time  for  the  liank   to   tile    evidence  in 

answer  to  defendant's  evidence  in  support  of  summons 

for  payment  by  the  bank  of  cash  standing  to  the 

credit  of  the  testator  at  the  time  i)f  his  death,  and 

£         subsefpiently  paid  in,  and  to  fix  time  to  rei)ly 

thereto  and  olitain  appointment  on  questions  at  i.ssue 

when  time  ai)pointid  .         .         .         .         .         .068         0     68 

2'5.  Writing  to  the  receiver  fully  as  to  the  letter  received 

from  the  bank,  and  renui-sting  to  see  him  thereon 

and  on  other  matters  relating  to  the  testator's  estate    .030         036 
30.  Attending  Messrs.  creditors  on  their  calling 

with  reference   to   their  claim  and   conferring  with 

them  as  to  position  of  matters 0     6     8        0     6     8 

Ma>j  2. 

Having  received  suggestion  from  the  bank  solicitors  to 

give  up  the  £  in  dispute  upon  our  withdrawing 

the  claim  for  payment  of  tliL-  balance  to  the  credit  at 

tlie  time   of  testator's  death   writing  them  in   reply 

tlu-reto,  and  that  we   wouhl   write  to  the   receiver 

thereon .         .030         03G 

Making  copy  of  letter  received  from  the  solicitors  of  the 

liiink,  writing  to  the  receiver  with  siime  and  with  copy 

of  our  letter  in  ri'ply  to  the  sidicitors  of  the  bank  0     ,")     0         0     5     0 

Tlir  like  to  the  jdaintilfs'  solicitors  .         .         .05     0         0     5     0 

3.   Attending  the  receiver  on  hi.^  calling  with  reference 

to  tliis  matter,  conferring  ami   advising   him  thereon 

and  as  to  the  oiler  which  had  been  made  by  the  l»ank 

solieitors,  which  he  reipiested  us  to  accept 
Attending  the  solicitors  for  the  bank  on  their  calling  as 

to  the  evidence  and  as  to  the  summons 
Attentling  ])laintitr's  solicitors  on  their  calling  with  refe- 
rence to  the  acceptance  of  the  oiler  of  the 

Bank  and  conferring  with  them  thereon 
Subsequently  writing  to  the  solicitors  for  the  bank  and 

accepting  their  olfcr  of  £■  ..... 


0 

6 

8 

0 

6 

8 

0 

6 

8 

0 

6 

8 

0 

6 

8 

0 

6 

8 

0 

3 

6 

0 

3 

6 

712  APrp;NDix  iii. 


Lower  Snale.    Higlier  Scale. 
A     s.      d.  a     s.      (I. 


0     3     6         0     3 


0     6     8        0  13 

0     3     6         0     3 
0     3     6         0     3 


0     3     6         0     3 


4.  Having  obtained  an  appointment  to  dispose  of  tlie 

claim  against  tlie  Bank,  ^vriting  to  the 

solicitors  for  the  bank  -with  notice  thereof  .  .  •  9  ?  !?  9  ^ 
The  like  to  the  plaintiff 's  solicitors         .... 

9.  Attending   appointment  before   the   chief  clerk   on 
claim  of  defendant  against  the  _    Bank  Avlien 
order  made  for  the  bank  to  pay  the  receiver  £ 
paid  in  after  the  death  of  the  testator  on  or  before  the 

inst.  . .    • 

The  solicitors  for  the  bank  not  being  present,  writing 

and  informing  them  thereof 

The  like  to  plaintiffs'  solicitors       ,         .         .         . 

10.  Writing  and  informing  the  receiver  that  an  order  had 
been  made  by  the  chief  clerk  for  the  Bank  to 

pay  the  £  before  the        inst 0     3     6         0     3 

14.  Attending  Mr.  ,  a  creditor,  on_  his  calling,     . 

giving  hini  information  respecting  the  position  of  the 

estate  as  requested  .  .  .  •  ...  0  6  8  00 
16.  Attending  Messrs.  creditors  on  tlieir  calling 

with  reference  to  their  claim  against  the  estate  and 

conferring  with  them  as  to  position  of  matters     .         .068        06 

18.  Having  received  a  letter  from  the  solicitors  of  the 
bank  of  this  day's  date  stating  that  this  was  the  day 
on  which  the  £  was  to  be  paid  but  they  had  not 
received  a  copy  of  the  order,  writing  them  in  reply  as 
to  the  cause  of  the  delay  being  with  the  registrar   _    . 

19.  Attending  at  the  registrar-general's  office  searching 
for  the  certificates  of  death  of  and  bespeaking 
office  copy  and  afterwards  for  and  obtaining  office  copy 

Paid  for  search  and  office  copy  certificate 

22.  Close  copy  order  of  the  9th  inst.,  folios  3  .    _     .^ 

Notice  to  settle  copy  and  service  of  same  on  plaintiffs' 

solicitors      .....•••• 
The  like  on  the  solicitors  for  the  Bank 

Attending  Messrs.  creditors  on  their  calling  as 

to  the  payment  of  dividends  and  informing  them  the 

position  of  the  action • 

AVriting  to  the  receiver  in  reply  to  his  letter  of  the 

inst.,  and  informing  him  that  the        Bank  would  pay 

the  amount  herein  as  soon  as  the  order  was  passed     .036         03 

24.  Attending  before    the   registrar  and  settling  draft 

order  of  the  9th  inst .         .     0     (i     8         0  13 

25.  Notice  to  pass  same  and  cojiy  and  service  on  plain- 
tiffs' solicitors      .....••• 

The  like  on  tlie  solicitors  for  tlie  l>ank 

Paid  for  order 

26.  Attending  passing  order  .  .  .  _        . 
29.  Making  copy  of  ordei' for  service,  folios  4 
Service  of  same  on  the  solicitors  for  the  Bank  . 
Wilting  to  defendant  in  reply  to  his  letter  hereon 
Wi'iting  to  the  receiver  as  to  the  state  of  affairs  at 
31.  Writing  to  the  solicitors  of  the                 Bank  on  the 

bnsiness  and  for  che'iue  for  the  ^ 


0 

6 

8 

0 

6 

0 

3 

/ 

0 

3 

0 

1 

0 

0 

1 

0 

4 

0 

0 

4 

0 

2 

6 

0 

2 

0     ()     8         0     6 


0 

4 

0 

0 

4 

0 

2 

6 

0 

2 

0 

3 

0 

0 

5 

0 

6 

8 

0 

13 

0 

1 

4 

0 

1 

0 

2 

6 

0 

2 

0 

3 

6 

0 

3 

0 

3 

(5 

0 

3 

COSTS,    CHARGES,    AND    FATENSES   OF   DEFENDANT.  713 


Lower  Hrulo.    UiKher  Scalf. 

At(eii.liii,-thes<.]i,it..rs(.r(lie            Bank  suLse(iiiontly     '^    ''    ''"        ^    '"    ''" 
on  tlii-ir  han.lin;,'  ns  a  cheque  fur  the  payment  of  £ 
ami  giving  receipt 008        0G8 

Jhuc  1. 

Writing  to  the  receiver  witli  cheque  fur  the  <£  .030        0     3     G 

12.  Having  received  letter  fn.iu  Mr.  a.s  to  Mr. 

chiini  writing  to  the  receiver  with  and 
upon  copy  letter  and  making  copy  letter  to  enclnse     .030         0     .j     0 

13.  Attending  plaint  ills' solicitors  on  their  calling  with 
reference  to  the  £        received  by  u.s  from  the  ' 
Bank  and  as  to  whether  it  was  the  receiver's  intention 
to  hand  them  over  that  sum  or  to  allow  them  to  re- 
ceive the  dividends  from  &  Co. 's  estate  .008        00     8 

\\riting  to  the  receiver  as  to  the  interview  tliis  day 
Avith  ])laintiirs'  solicitors  and  as  to  the  course  he  in- 
tended to  pursue  with  the  £        received  from 

,,^Vj^-         ■    •     •,       ;         •.      •    ,     •         •         •         .030         036 

14.  naving  received  a  che([ue  Irom  the  receiver  in  pay- 
ment of  Mr.  claim  writing  him  thereon  ami 

acknowledging  receipt  of  same    ,         .         .         .  0     3     0         0     3     0 

Writing  to  Mr.                  with  cheque  for  £  inpay- 

ment of  Mr.                            elaim  as  arram;ed,  and  for 
leceipt '  .03     0        036 

15.  Writing  to  plaintitfs'  .solicitors  with  reference  t<J 
their  en«|uiry  as  to  the  retention  of  the  £  and 

thereon 03     0        036 

Writing  to  the  receiver  with  reference  to  the  settlement 

of  the  loan  account  with  the  Bank         .         .030         030 

16.  Writing  to  },h:  in  reply  to  his  letter  and 
requesting    him   to  let   us   have  a   stamped  formal 

^^■^^^^V^      , 0     3  0  0  3  6 

1  reparing  telegram  to  defendant  on  the  business  and  as 

to  an  appointment  to  see  heron  Monday  as  requested 

and  attending  to  transmit  same  .         .  "      .  0     0  S  0  6  8 

rai.l  telegram !  0     1  0  0  1  Q 

^'""'a'^^^-*^ 0  l.j  0  0  1.5  0 


Trinity  Sittings,  1877. 

18.  Attending  defendant  on  her  billing  by  appointment 
and  in  very  long  interview  on  varioiu  matters  con- 
ferring an<l  advising  with  her,  long  engaged       .         .008         0  13     4 

19.  Writing  t<>  defendant's  .<;on  at  in  replv 
to  liis  letter  and  very  fully  in  explanation  of  the 
liabilities     . 

Making   copy    of   letter  received  from   the  defendanf.s 

son,  and  writing  t.i  the  receiver  with  .sjime 
23.  Having  received  letter  from  plaintiffs'  solicifuis  ot 


0 

3 

G 

0     ; 

")     0 

0 

3 

0 

0     .' 

'.     0 

0     3     6 

0     3     6 

0     3     6 

0     5     0 

0     3     6 

0     3     6 

0     3     6 


APPENDIX    TIT. 
^^^  LowerScale.    Higher  Scle. 

cate  »-ith  'I'^iXrlcS  from  plaintirs  solicit.... 

.ntitkd  t..  any  .*»«t"  '  !'  „  veplv  t..  their  kttt-v  as 
l;;iratyairrfoi>s.l.e.*,acleA.».gMg"-    ■        •     »     3    „        0    3    6 

Havin.^  received  a  lenerfront^^se^^^^^^^^^ 

i;;:;!e\',*auda»t„terro.,«c,i..uoftl,el..ter..-;ia.l-     ^    3    ,        «    3    6 

Wriihif 'to"a.e  v;ceiv;r  iuf..nm;.g  !."»  "^-^  »"'    0    3    6        0    3    6 

tlievefiii        •  •        .'       +1'   f  n  Air  was  a 

probable  purclmser  ut  the  i       °_  .036         ^     -^ 

shares  of  the  intestate  •         •         '  Spring  Water- 

Writing  to  the  secretary  o   the  .^^,,^^7  and  in- 

.vorks  Com  rei^y  ^;;';,,tr  forward  the  necessary 

^•^S^/Tt:'il.niL^n  of  interest  in  the  shar..     ^     ^     ^         ,     3     , 

lately  held  by  the  testator  . 

•^"'^"       ,,  c,f  on  his  calling  in  long 

AttendingMr.^^^.^^^  the  position  ot  the  ^     ^ 

nterviewiullyexpiaini.-,  ^^^^j^^^,g,,j^  0     » 

action  and  very  iully  -^^^J\^.^  letter  of  the  30th 
""[^rCtJ^'defendanianc^  with  the  information  he     ^3,03 

^€S^^^^^^^  0     3     6         0     3 

■Mr  thereon    .  •.     .■      r  •,*,.,., .^t  in  shares 

Drawin"  declarati<.n  of  transnussum  ouiteie,  t  . 

^  Sv   held   T>y  the  testator  u,  the  .^       ^ 

Water  Co.,  folios  7       •         •         •  .         . 

Ti'TiirT'n';^in<'  sanie     .         •         ■  . 

iSil.g  to ''-'-'-'■'"""    ■    :    •    ■    • 

raid  commissioner  s  lee  ■         •  _         , 

Paid  stamping  declarati.m       .         •         •     ^i,,.  Water 
Writing  to  the  secretary  ol  the 


0 

7     0 

0 

7 

0 

2     4 

0 

2 

0 

(•)     8 

0 

6 

0 

1     6 

0 

1 

0 

2     6 

0 

2 

COSTS,    CHARGES,    AND    EXPENSES    OF   DEFENDANT.  71") 

Lower  Scali'.    Hi({ln-T  S<'ali'. 
£      s.      (1.  £      i.      it. 

T'd.  vitli  same  and   roquestiiif,'  liim  to   rc^'ister  tlit* 

ildeiulant  on  list  of  shareliolders  as  the   party  eii- 

litli'dtolhe  sliari'S ".         .     0     3     6         0     3     0 

"Writing,'  ti)  tin-  plaintifl's'  soliciturs  infcinniii^^  tliciii  that 

tlie chief th'ik  had aHowed  the  receiver  £       fur  his re- 

inuiieratiiiii  suhject  tn  anything,'  they  mi^dit  liave  to 

say,  and  with  dates  of  two  ajtpointments  to  prcx-eed  .030         030 
Haviiif,'  received  h-tter  from  Messrs.  &  Co., 

creditors  to  the  estate,  in  reference  to  their  chaini  an(l 

enclosinLj  cojiy  invoice  writing  to  them  exphuniiigthe 

jiositionOf  the  action 0     3     0         0     3     0 

Makiiij;  copy  of  h'tter  received  from  Messrs.  , 

and  writin;,f  to  the  receiver  with  same  and  the  invoice     0     3     0         0     .")     0 
"WiitiiiL;  the  receiver  in  reply  to  his  letter  of  this  day, 

and  informing  him  that  we  did  imt  consider  Messrs. 

&  Co.  had  any  claim  on  the  firm  .030         036 

Writingto  the  plaintiffs'  solicitors  with  reference  to  their 

making  an  applicati^)n  to  the  chief  clerk  at  once  as  to 

the  £  '       if  they  intended  to  do  so  at  all    .         .         .036         036 
AVriting  to  the  secretary  of  the  Spring  Water- 

works   Company    with    further    particulars    as    re- 

. [nested 0     3     0         0     3     0 

Attending  appointinent  ln-foie  the  chief  clerk  to  further 

jiroceed  on  plaintilfs"  claim,  when  same  adjourned  for 

a  week    .  ........ 

"Wiiting  to  the  receiver  requesting  him  to  call  and  see 

us  with  reference  to  the  plaintitf's  claim    . 
Attending  receiver  on  his  calling  l)y  appointment,  and 

in  very  long  interview  with  him  tliereon  and  as  to 

the  jxisition  of  matters,  receiving  his  views,  and  ad- 
vising him  generally  on  the  business  .         .         .     0     0     R         0   13     4 
Wiiting  to  ])laiutifrs  solicitors  and  leipiesting  to  know 

as   to  what  couise  they  intended  to  jmrsue  on  the 

adjourned  appointment  before  the  chief  clerk  as  to 

tiie  admission  of  plaintitTs  claim         .  .         .         .030         030 

Not  having  a  rejily  to  our  letter  to  jdaintiH's  solicitors, 

writing  them  again  with  reference  to  the  ailmission 

of  jilaintitfs' claim  and  the  ajipointment  to-nioii'ow   .030         036 
Attending  appointment  before  the  chief  clerk  on  ad- 
judication of  plaintilfs'  claim,  when,  after  long  dis- 
cussion, the  chief  clerk  decided  he  had  no  power  to 

order  the  defendant  to  hand  over  the  £  received 

from  the  r>ank,  and  allowed  the  ]daintilfs' 

claim  at  £  ,  they  to  retain  the  securities,  and, 

.'should  there  be  any  balance  after  they  had  so  re- 
couped themselves,  they  were  to  hand  it  over  to  the 

leceivcr       .         .         .  ' 0     0     8         0     6     8 

AVriting  to  the  receiver  informing  him  of  the  result  of 

the  a|>pointment         ...... 

The  like  letter  to  the  defen.lant     .... 

Having  received  notice  of  claim  from  the  Waterworks 

Comi>any,    writing   to    the    receiver    therewith   and 

thereon,    and    as    to    the    advice*    he    had     received 

fiom  0     3     0 


0 

6 

8 

0 

6 

0 

3 

6 

0 

3 

0 

3 

0 

0 

3 

6 

0 

3 

(i 

0 

3 

6 

r^-^Q  APrE^TDix  ni. 


Lower  Scale.    Higlier  Scale. 


-S^Sl..,...^l^^^^^  0     3     0         0     3     0 

WSS;^^^  secretary  of  the  AVaterworkJ  Company,     ^     _^     ^         ^     3     ^ 

Tetumin"- accounts  and  thereon .         .         •         ;     .i" 
Wx^itinTt^rther^^^^^^^  0     3     0         0     3     0 

accov;nts    .         •         •        ,'      t  '..       *r  +x,q 

Wiitin-  to  the  defendant  in  reply  to  her  letter  of  the 

inst.,   and   generally  as  to   the  position  of  the 


0     3     0        0     3     0 
W?Sto^Ir.       ■         ■      ,  auctioneer;  as  tJ  his  claim,     ^    ^     ^         ^     3    ^ 

and  reUu:mng  his  account  •    ^^  ^^.^  ^^^^^  -^  ^^^  • 

"""^"^liS:;  enclosing  us  his  xiXed  account,  and  m     ^     ^     ^         ^     3     ^ 

reply  to  his  en(iuiry 

September. 

Sf  requeWher  sign^  ^     3     0         0     3     6 

wStll^'to  the  secretary  of  ^  Waterworks  returning     ^     ^     ^         ^     3     ^ 
receipt  for  payment  of  divideml        .        •        •        • 


0     3     0         P     3 

0     0     8         0  13 
0     3     0         0     3 


^JiS:\o  the  receiver  on  the  business,  and  as  to  an 

tuiiiciii   r,  ■.^f.vnsiiifr  sanic.  aini  as  to  ine 

aecrntC  and  Suc^femng  ?n  various  other  n,at,e>-s 

-t  the  scmction  of  the  chief  clerk      •         ■  ^^.^^^-^ 

''^iurXSS'^..,  .as  an;  ^le  ^^^^l^-^    0     3     0         0     3 
of  the  Spnng  AVater^^  oiks  Company      ^^ 

^v^l^n.;.^"'      inst    onhdmlfofMessr^      ■ 

K::^^lnts^d'infprming  him  that  the^^or  s 
estate   Avas  being    administered   by    the    Couit    ol     ^     ^     ^.         ^     3 
Chancery^  •         •         •      ^^;^.^^. ;   -^^  ;^,^^  \^  Ids 

^'Sl^l^^ai^iufunuinghnn  that  a  dividend  was  not     ^     ^     ^         ,     , 

yet  declared  and  would  be  sn.^        •       ^      ^  •  ^^^^.; 
■WrtingtoMessr:^.  .    .i  Snrin" 

lette?ofthe  inst.,  as  to  the  ^P'^'-     ^     3     (,         0     3 

AVaterworks  Company  s  shares  .        •        •        • 


COSTS,    CIIAROE^^,    AND    KXl'KNSES    OF    J>EFKNI)ANT.  717 

Lower  Si-.ili'.    Higher  Scale. 
.C     A.      ('.  X,     s.     d. 

Attending,'  Messrs.  &  Co.,  cretliti)rs,  on  their 

calling  and  enquiring  as  to  the  position  of  this  action, 

and  giving  them  information  respecting  same     .         .008         008 
Writing  to  Messrs.  &  Co.,  creditors,  in  rei)ly 

to  their  letter,  and  informing  them  as  to  the  prospect 

of  a  dividend      .         .         .' 030         030 

Making  copy  of  letter  from  Messrs.  &  Co., 

and  writing  to  the  receiver  with  same  and  thereon     .030        050 
Writing  to  Messrs.  ,  auctioneers,  as  to  the 

reduction  of  their  charges 0     3     0         0     3     0 

Writing  to  the  seci'etary  of  the  "Waterworks  Company  as 

to  the  value  of  the  shares .030        030 

Attending  Messrs.  ,  creditors,  on  tlieir  calling, 

and  informing  them  the  ])osilion  of  the  affairs,  an(l 

conferring  very  fully  with  them  thereon    .         .         .008         008 
Writing  t<j  Messrs.  &  Co.  as  to  the  debts  against 

the  testator's  estate 0     3     0        0     3     0 

Writing  to  the  secretary  of  the  Spring  Water- 
works Company  enclosing  his  fee  for  entry  of  trans- 
fer of  shares  to  the  defendant     0     3     0         0     3     0 

Paid  his  fee 

Writing  to  Mr.  ,  of  ,  in  reply  to 

his  letter  of  the        inst.,  as  to  his  client's  charges  for 

the  funeral  of  the  testator 

Sittings  fee    .        .        .        .       " . 


Michaeliiias  Sittings,  1877. 

November. 
Writing  to  Messrs.  &  Co.  in  reply  to  their 

letter  of  this  day,  with  extract  fi'ora  the  receiver's 

letter  as  to  the  accounts     .         ,         .         .030        036 

Making  copy  of  letter  received  from  Messrs.  & 

Co.,  and  writing  to  the  receiver  with  same  and  thereon  0  3  0  0  5  0 
Writing  to  Messrs.  &  Co.,  and  informing  them 

that  we  had  sent  a  copy  of  their  letter  to  the  receiver  0  3  0  0  3  0 
Preparing  statement  and  fair  Copy  of  accounts  .  .008  008 
AVriting  to  the  defendant  with  same  .  .  .  .036  036 
Writing  to  the  receiver  in  reply  to  his  letter  of  this  date 

as  to  the  case  of  Messrs.  &  Co.,  who,  he 

contended,    gave    credit     to     the    London    firm    (if 

^Messrs.  0     3     0        0     3     0 

Writing  to  Messrs.  &  CVx  thereon  .         .030        030 

Writing  to  ^Ir.  in  reply  to  his  letter  as  to  the 

position  of  this  action 030        030 

Writing  to  Messrs.  &  Co.  in  reply  to  their  further 

letter,  and  informing  them  as  to  the  position  of  this 

action 0     3     0         0     3     0 

Attending  the  receiver  on  his  calling  with  reference  to 

the  oiUstanding  matters,  and  as  to  communications 

from  ,  and  conferring  with  him  thereon    .008         008 

Writing  to  Me.ssr3.  &  Co.  in  reply  to  their 

letter  of  the  inst.  in  reference  to  the      '        firm     0     3     0         0     3     6 


0    3 

0 

0     3 

0 

0  15 

0 

0  15 

0 

718 


ArPENl>lX    111. 


Lower  Scale. 


Higher  Scale. 

4-'  S.  II. 


0     3     6 


0     3     6 


0     3     6 


0     3 


0     3     6 
0     3     6 


0     3     6 
0     3     6 


vioHpvvrceived  from  Messrs. 
Making  copy  ot  lettei  icceeu  ^^^^  ^^^^^ 

&  Co.,  and  writing  to  the  leccive    ^  _ 

thereon       .         • .       •  ^^'^^^•,,,^  to  know  if  lie  could 
Writing  to  the  receiver  requestin^^to^^^^^^^^^,^^  ^^^^  ^^^^ 

pay  Messrs.  '  ... 

funeral  of  the  testator         •         •         •  ^^  Co.'s 

-"^^r^^^V^'^-^^SS^i  of  tU.  aay  ana 

thereon       .         •         •         "  the  Surveyor  of  Taxes  at 

^^'■■•^"^  '°  !S  to  the  ,»y-»;^,f  l-r^Tatriu 
''';;''r|.*o°w'f"vtl,er  letter 'as  to  bis  diim  against  the 

defendant.         •.        '•„  ,.pnlv  to  his  letter  of  the 
Writing  to  the  ^■'^<^^^^-^;:.l^i,Xac  o^nt  ^^eing  paid .         • 
inst.,  as  to  the  "^^f  ^'  f^.^\L^''°  Spring  Water- 

Writing  to  the  secretary  ^'   the  ^^^  _ 

.■nrks  Company  as  to  his  ^^^^^^^      M^i^  to  then- 
^iiS^r  of  A^        inst.,  astJthe  dividend  and  prol^aUe 
amount  thereof  .         •         •         '     g.iitors,  in  reply  tn 
^'„St- letS ';,nhrins..,  as  to  p-ospeet  of  alvUeu.l . 

December.  conferring  and  advising  him 

Attending  Mr.  ^i  ^  p'.munication  received  hy  the 

P,:Unglist  of  cr;.li,o,:s  to  be  appenaed  to  chief  clerk  s 

certificate,  f(  -li«>s  42   _ .         •         •     .  j^.  ^    ,^ 
Making  copy  list  of  claim.  ^^^^J^^  •,,  ,epiy  to  their 
Writing  t..  Messrs.  ,       prcbable  dividend^  _    . 

letter  of  the      mst.,  and  as  tc  P^^^^^.^.^^^  ^^^^^  .avismg 

Attending  Mr.  .       '      received  from  the  testator  s 

him  on  the  communications  lecenea  ^ 

^o^^     •       ,•         ■•  .v^vith 'reference  to  the  coinmuui- 
Writing  to  the  jeceivei     fl'i:-'^  f^,„,,  Mr. 

cation  we  had  received  jestei^^^^^^  testator's 

and  as  to  the  letters  communicatea    ^:>  ^ 

son      .         •         •         •         ■  creditors,  ('u  their  calling 
^'S";oi;iSS?.iUahen>;.sto.h^tdalnr        .        • 

*'t^l5:'Ku!:r;anrw;ul!rt'o't  receiver  wi.U 
same  and  thereon        •         "       &  Co  in  re])ly  to  their 

information         •         •         •       ^' (\,.  in  replv  t"  their 
'''',:;;':?!;;;  "^".o  the  payn.ont  of  thetuneral  expenses 
,,f  Ihe  testator 


0     3     6 


0     3     6 
0     3     6 


6         0     3     6 


2 
U 


0     3     6 


0     6     8 


3     6 

6     8 


0     3     6 


0     3     6 


0     3     6 


0     3     6 
0     3     6 

0     3     6 
0     3     6 

0     6     ! 

-2     2 
0  14 

0     3 

0     6 

0     3 
0     6 

0     5 

0     3 

0     3 


Attending  the  receiver 


his  c; 


ailing,  with  reference  to 


COSTS,    CHAUUES,    AND    KXI'KXSKS    <>K    UKKKNUANT.  71  !> 

l.Dwer  Sculf.    lliglier  S<al<'. 
jC      ».      (/.  £      f.      il. 

Moss. 8.  claim,  aiifl  fully  conferring  anil 

ailvising  as  to  the  couroe  to  be  ail(>ijted  .  .  .068  008 
Attending  Messrs.  ,  cre<litoi-s,  on  their  calling 

with  reference  tn  this  actiim,  and  as  to  the  i)robal'ility 

cita  divideixl 00     8         068 

A\'riting  Messrs.  ,  creditors,  with  reference  to 

tln' iiuynient  of  a  (liviilend  and  thereon      .  .         .     0     3     (i         0     3     0 

"Writing  to  ]i]aintitrs'  solicili>rs,  inj'oi'ining  them  that  we 

liad  bes[)oken  the  chief  clerks  general  certilicate,  and 

requesting  them  to  give  us  a  call         .         .         .         .030        030 

1S78.  January. 
"Writing  to  plaintitf.s'  solicitors  as  to  an  appnintnient  to 

see  us  to  discuss  who  was  to  have  the  carriage  of  the 

chief  clerk's  general  certificate,  so  that  the  scheilule 

might  be  prepared  and  left  at  Chambers     .         .  .036         0     3     G 

Engaged  all  day  finally  settling  schedule  to  he  apj)ended 

to  the  chief  clerk's  general  certilicate  .         .         .     2     2     0         3     3     0 

"Writing    to    ])laintilfs'    snlicitors   with    notice    of    ap- 

jMiintment  for  the  inst.,  and  as  to  the  carriage  of 

diaft  general  certificate,  and  that  tlie  same  was  now 

ready  at  the  Court  stationer's,  and  as  to  whether  they 

wished  to  have  the  conduct  of  the  certificate,  so  that 

it  might  be  taken  up  bv  them  nr  ourselves  without 

delay.  .  .     " 0     3     6  0     3     6 

Attentling  plaintitfs  solicitors  on  their  calling,  and  as  \n 

taking  the  cariiage  of  the  certiticate,  and  very  fully 

thereon \        \     0     6     8         0     6     8 

Sittings  fee (J  ir>     0        o  15     o 

1878.  Hilary  Sittuiij:^,  1878. 

Writing  to  ^fr.  in  reply  to  his  further  letter, 

and  informing  him  the  receiver  had  no  funds  to  })ay 

the  creditor's  claims  .         .         .         .         .         .         .036         036 

Attending   plaintills'    solicitors   on    their    calling,   and 

arranging  with  them  as  to  the  iorm  of  the  chief  clerk's 

certificate,  and  very  fully  on  the  matter  .  .  .068  068 
Paid  for  copv  draft  general  certificate  of  the  chiif  chrk, 

folios  10   ' 

Perusing  same         ........ 

Making  copy  draft  certificate 

Writing  to  the  receiver  requesting  him  to  let  us  know 

the  e.vact  position  of  affairs  at  .         .         .030         036 

"Writing  to  tne  receiver  re(iuesting  him  to  call  upon  us 

to  go  through  the  chief  clerk's  general  certificate  before 

we  attended  the  appointment  to  settle  same       .         .     0     3     (!         0     3     6 
Attending  the  receiver  by  appointment    in   long  con- 
ference,  going   through    the    chief    il,-rk's  general 

certificate 0     0     8  0   13     4 

Attending  appointment   befoie  the  chief  clerk,  partly 

settling  hisdraft  general  certificate,  when  apiiointment 

was  adjourned 2     i     d         3     3     0 


(1 

1     8 

o 

1      8 

0 

3     4 

0 

3     4 

0 

3     4 

0 

3     4 

*J20  APPENDIX    III. 


0     6     8 


0     3     G         0     3 


Lower  Scale.    Higher  Scale. 
£     s.      d.  £     s.      c(. 

Atteiulinq  Mr.  ,  inf.mniiig  him  the  position 

of  matters,  and  as  to  the  i.r.anil.ilityot  there  hemg  no  g        0     6     8 

dividend     .         •         •         •         ',.       '       n'     ■    '     •.^' 
Attending  the  receiver  on  his  calhngconferrmg  with 

him  fully  on  the  business,  and  as  to  the  assets  realized     0     6     a 

February.  .  -,  •    <•        •       ^i. 

Writin"  to  the  plaintiffs'  solicitors  and  informing  them 

that  we  had  obtained  a  further  appointment  before 

the  chief  clerk  to  settle  his  draft  general  certificate         0     3     6         U    6 
Attendin<^  the  receiver  for  further  information  to  enable 

us  to  answer  (jueries  raised  by  the  chief  clerk  fully 

discussing  position  of  business,  and  perusing 

the  bills  pavable,  and  the  receivable  b(;ok  lor  . 

Information  to  the  drafts  which  the  estate  was  liable 

to  pay,  but  in  respect  of  which  no  claims  had  been 

made   enoa-ed  two  hours  and  upwards       .         .         .0134         u  u 
Attendiiv^  appointment   before   the  junior   clerk,   ex- 
amining  schedules   ..f  debts,   and   disposing  of  one     ^^     ^     ^         ^  ^^ 

query  •         ■         '         '    ^     '         '      e  ^^        '         ' 

■\Vritin<'  to  plaintiffs'  solicitors  for  names  ot  the 

papers  in  which   advertisements  were  inserted  tor      . 
creditors,  the  information  being  refpured  by  the  chief 

clerk ■    i'  •   i  ■  rit    "  1      " 

The  list  of  claims  having  been  carried  into  Chambers 
and  verified  in  three  parts,  each  arranged  m  alpha- 
betical order  in  consequence  of  the  pecuhar  nature  ot 
the  claims,  and  being  verified  by  three  difterent 
persons  and  it  now  being  unnecessary  to  make  any 
distinct,  but  include  them  all  in  one  list  so  as  not  to 
cause  any  complications  in  the  certificate,  by  the  direc- 
tion of  the  junior  clerk.  Preparing  list  of  claiins  by 
arran"inc*  all  the  names  included  in  the  three  lists  in 
alphabetical  order,  and  making  one  schedule  of  the 
same  to  append  to  the  chief  clerk's  draft  certificate  • 
Making  fair  copy  of  same,  folios  36  ,  .•  •  f  11 
Attending  appointment  betoie  the  chiet  clerk  tnialU 

settling  his  draft  general  certificate    .         .       ,{.        '     ^     ^ 
Writing  to  the  receiver  as  to  the               bpiing  \\  ater- 
work"s  Company's  shares     .         .         '   ^    '■      ^ir       ' 
Writing  tr,  the  Secretary  of  tlie                  Spring  ^\  a  er- 
Avorks  Company  acknowledging  receipt  of  his  letter 
informing  us  if  defendant  wished  to  dispose  ot  the 
shares   held   by  the  testator,  the  gentlemen  wliose 
names  he  enclosed  woidd  be  likely  purchasers   . 
Makiii"  copy  of  the  secretary's  letter  and  writing  to  the 
recerver  therewith  and  for  his  instructions         .         . 
Writing  to  Mr.                        ,  a  creditor  in  reply  to  Ins 
letter  of  the     inst.,  and  informing  him  that  there 
were  no  assets  for  distiibulion  among  the  creditors        0     3     0        0     3 
Attending  Messrs.                              on  their  calhng  with 
reference  to  the  dividend  and  giving  them  iniormatioii 
with  reference  to  the  estate 


110         11 


0     3     6         0     3 

0     30        0     3 
0     3     6         0     5 


0     6     8         0     6 


COSTS,    CHARGES,    AND    EXPENSES    OF    PKFENDANT.  721 

Lower  Scale.    Higher  8c«le. 
£      ».      ('.  £.      «.      J. 

^Vliting  to  Mr.  in  reply  to  his  letter  of  the 

iiist.,  as  to  his  client's  claim  .         .         .         .     r)     3     G         0     3     0 

Attending,'  the  receiver  on  his  calling',  and   cont'erriii;^' 

and  advising  him  with  reference  to  the  interviews  we 

had  bad  witli  various  creditors  .         .         .         .         .068        0     G     8 
Attending  Mr.  ,  a  creditor,  on  his  calling, 

with  reference  to  the  prospects  of  a  dividend,  and  ex- 
plaining matters  to  him  as  requested  .         .         .008         0     G     8 
Attending  Messrs.           on  their  calling,  and  giving  them 

information  respecting  the  realization  of  the  estate      .008         008 
Attending  plaintiff's  solicitors  for  and  obtaining  news- 
papers containing  advertisements  for  creditors  as  re- 

([Uired  by  the  junior  clerk  before  filing  certilicate      .     0     G     8         0     C     8 
Attending  Messrs.  ,  creditors,  on  their  calling, 

as  to  the  payment  of  their  debt,  and  explaining  the 

position  of  matters 0G8        068 

Attending  the  receiver  on  his  calling  with  reference  to 

the  further  enciuiries  on  the  part  of  the  creditors,  and 

as  to  the  amoimt  coming  from 
Engrossing  <'eneral  certificate  of  the  chief  clerk,  folios  55 
Attending  tne  chief  clerk  on  his  signing  same 
Making  copy  certificate  to  be  marked  as  an  office  copy  . 
Attemling  to  file  same  and  to  get  office  copy  marked  as 

an  office  copy 

Paid  for  ottice  copy 

Writing  to  Messrs.  &  Co.,  creditors,  in  ro]ily 

to  theirs  as  to  payment  of  dividend    .         .         .         .036         0     3     G 

March. 
Writing  to  ])laintifT's  solicitors,  requesting  them  to  issue 

summons  for  order  en  further  consideration       .         .06     8         0     G     8 
Writing  to  the  defendant  in  reply  to  her  letter,  and  as 

to  an  appointment  to  see  her       .         .         .         .         .030*036 
Attending  the  receiver  with  reference  to  the  communi- 
cations he  had  received  from  ,  and  conferring 

and  advising  him  thereon 068        068 

Attending  defendant,  conferring  and  advising  with  her 

on  the  business,  aTid  with  reference  to  communications 

from  068         068 

Writing  to  plaintiff's  solicitors  with  reference  to  the 

application  for  order  in  further  consideration    .        .036        030 

April  1. 
Attending  jdaintifPs  summons  for   order   on   further 

consideration   when     order    made,    and  subsequent 

further  consideration  adjourned  .... 

Paid  for  copy  minutes  of  proposed  oixler,  folios  7  . 

Perusing  i^ame 

Attending  the  receiver  on  his  calling  with  reference  to 

order  maile  on  further  consideration,  and  also  as  to 

payment  for  the  rates 06     s        0G8 

Writi:ig  to  the  receiver  in  reply  to  his  letter,  and  re- 
minding him  his  next  account  was  due  on  the  , 

and  requesting  him  to  let  us  have  same  by  that  tlate.     0     3     0        0     3     6 


0     0 

8 

0     6 

8 

0  18 

4 

0  18 

4 

0     6 

8 

0     6 

8 

0  18 

4 

0  18 

4 

0     6 

8 

0     6 

8 

0     9 

2 

0     9 

2 

0 

G     8 

0  13     4 

0 

'1     4 

0     2     4 

0 

2     4 

0     2     4 

AITENDIX    111. 


Writing  to  the  plaintiff's  solicitors  on  the  business,  and 
as  to  an  appointment  to  settle  the  order  on  further 
consideration       ........ 

Sittings  fee    ........         . 

1878.  Easter  Sittings,  1878. 

Attending  settling  draft  order  on  further  consideration  . 
Close  copy,  folios  7         ......         . 

Attending  passing  same  ...... 

Drawing  hill  of  costs  and  copy,  folio.s      ,  and  summary, 

folios      ,  together,  folios       ,  at  per  folio     .         . 
AVarrant  on  leaving  same,  copy  and  service    . 
Warrant  to  tax,  copy  and  service  ..... 
Attending  taxing  same,  at  25  folios,  or  fractional  part   . 
Paid  for  copy  costs  of  plaintiff,  at  j)er  folio     , 

Attending  taxing  sanre 

Sittings  fee     ......... 

Letters,  messengers,  &c 


Lower  Si 

i-ale. 
d. 

0     3 

0  15 

6 
0 

0 
0 

3 

15 

( 

( 

0  13 

0  2 
0     (! 

4 
4 
8 

1 

0 
0 

1 

2 

13 

( 
4 

0  0 
0  2 
0  2 
0  6 
0     0 

8 
6 
G 

8 
4 

0 
0 
0 
0 
0 

0 
2 
2 
6 
0 

0  15 
3     3 

0 
0 

0 
5 

15 
5 

c 

( 

BILL  OF  COSTS  OF  PLAINTIFFS  IN  ACTION  BROUGHT  FOE 
THE  PURPOSE  OF  OBTAINING  AN  ORDER  TO  JUSTIFY 
THE  TRUSTEES  OF  A  MARRIAGE  SETTLEMENT  TO  AD 
VANCE  A  PART  OF  THE  PRESUMPTIA'E  SHARE  TO  ONE 
OF  THE  SETTLOR'S  CHILDREN  IN  CONSEQUENCE  OF  THE 
DEED  OF  SETTLEMENT  NOT  GIVING  THE  TRUSTEES  THE 
POWER  TO  DO  SO,  TO  BE  TAXED  AS  BETWEEN  SOLICITOR 
AND  CLIENT  IN  PURSUANCE  OF  THE  ORDER  MADE  ON 
THE  *  DAY   OF  ,    1878,  (SAME  SOLICITORS  EN- 

GAGED  FOR  THE   DEFENDANTS). 

JSIicliadmas  Sittings^  1877. 

1877.  Norcinher. 
Writing  to  Mr.  ,  one  i4'  the  plaintiff's  in  this 

action,  in  rejjly  to  his  of  instant,  and  informing 

him  if  he  Cfjuld  let  us  have  a  co])y  of  the  settlement 

Ave  would  then  advise  him  thereon     .         .         .         .030         0     3     G 
27.   Penising  and  considei'ing  marriage  settlement  and 

deed  of  aiipoiiitment  of  new  trustees  to    see  if  the 

tru.stees  would  Ije  justified  in  advancing  to  settlor's 

daughter  a  part  of  her  presumptive   share  when  it 

appeared  they  could  not,  as  the  .settlement  granting 

])ower  was  not  in  the  usual  form         .         .         .         .     0     G     8         0  13     4 
Writing  to  Mr.  very  fully  as  to  his  desire  to  rai.se 

jiart  of  his  daughter's  share  and  advising  him  it  was 

iiiipossihle  in  consequence  of  his  wife  not  l)eing  aide 

to  hind  her  life  estate 03G         050 

29.  Writing  to  Mr.  in  re])ly  to  his  letter  of  the 

instant  and  witli  our  view  as  to  the  steps  to  be 

taken 03C        036 


,invfr  Si 

■:ilc. 

Higher  S<al<-. 

jC      j. 

tl. 

a 

y.      U. 

0     1 

0 

0 

1       0 

U      0 

•1 

0 

0     4 

0     0 

4 

0 

0     4 

0   (; 

8 

0 

G     8 

2     4 

G 

2 

4     G 

0     5     8 

0 

5 

8 

0     3     4 

0 

G 

8 

1      (J     0 

1 

G 

0 

COST  or  rLAlNTIlF  r<»U  ADVANCK  ON  HIS  I'lnislMI'TIVK  SIIAKI'; 

1  >ii'citd>ei: 

Drawing  case  for  counsel  to  uilvisf,  at  per  folio 

Making  copy  of  .same  for  counsel,  at  per  folio 

Making  coj)y  of  marriage  settlejnent  and  appointment 
of  new  trustees  to  accompany  same,  at  }ier  folio 

Attending  M  r.  witli  same  .... 

Paid  fee  to  him  and  ( lirk 

4.   Writing  Mr.  in  rejily  to  his  letter  as  to  tlie 

assent  of  the  trustees  to  the  application      .         .         .     0     3     G         0     3     G 

14.  Making  copy  of  counsel's  ()i)inion,  folios  2,  and  wiit- 
ing  to  Mr.  very  fully  witli  same  and  as  to  tin- 

Course  to  he  jmrsued  having  regard  to   tlie   ditliculty 
raised  hy  counsel         ....... 

17.  Attending  appointing  conference  witli  counsi-l 

Paid  conference  fee  to  liim  and  clerk     .... 

Attending  Conference  with  I'eference  to  the  commence- 
ment of  an  action  to  rectify  the  settlement  when 
counsel  advised  that  was  the  only  course  open  unless 
the  trustees  would  risk  the  liability  to  repay  the 
amount  to  be  advanced 0  13     4         0  13     4 

Drawing  authority  to  act  as  next  friend  i'or  infant 

and  fair  copy  and  attending  to  get  same  signe<l  .         .068         0  13     4 

Instructions  to  sue  .         .         .         .         .         .         .068         0134 

Writ  of  .summons  and  >pecial  iiulorsement     .         .         .     0  11     8         0  18     4 

Certificate  of  lower  scale        .         .         .         .         .         .050 

Attending  counsel  with  same  to  settle  special  indorse- 
ment   034         068 

Paid  fee  to  him  and  clerk 1     3     G         1     3     G 

Paid  stamping  writ  of  .'summons    .         .         .         .         .05     0         0100 

24.  Instructions  for  statement  of  claim  .         .         .     0  13     4         2     2     0 

Drawing  same,  at  per  folio     .         .         .         .         .         .010010 

Attending  counsel  with  same  to  settle    .         .  .         .     0     6     8'       0     G     8 

Paid  fee  to  him  and  clerk 246         24G 

27.  Making  copv  of  counsers  ojiinion  on  evidence,  ;tl 

l.er  folio     .     ' 0     0     4         0     0     4 

Writing  to  Mr.  tlnrewith  and  thenoii  .         .036         036 

1878.    Januanj. 

Instructions  for  affidavit  of  and 

Drawing  same,  at  ]ier  folio 

Drawing  affidavit  of  ,  at  j>er  folio 

Writing  to  Mr.  tlierewith  and  thereon,  and  le- 

questing  him  to  return  s;\me  corrected  and  approved 
Drawing  affidavit  of  ,  at  per  folio 

Engrossing  same,  at  per  folio 

Making  fair  copy  drait  statement  of  claim  for  the  printer, 

at  i)er  folio 

Correcting  proof,  at  ]ier  folio 

f'aid  printer's  charges 

Attending  to  file  statement  of  claim       .... 
Attending  Somerset  House  searching  for  and  lie.-peaking 

certificates  of  deaths  of  three  parties  .... 


0 

G 

8 

0 

6 

8 

0 

1 

0 

0 

1 

0 

0 

1 

0 

0 

1 

0 

0 

3 

6 

0 

3 

6 

0 

1 

0 

0 

1 

0 

0 

0 

4 

0 

0 

4 

0 

0 

4 

0 

0 

4 

0 

0 

.) 

0 

0 

•> 

0 

3 

4 

0 

6 

8 

0 

13 

4 

0 

13 

4 

APPENDIX    III. 

Lower  Scale.    Higher  Scale. 


^^S    9"        0  10     9 


Paid  t^^rsearcluu,  ana  &>vc^jtm^ 

En'^rossmtr  aradavit  oi  ? '    i  .     0     i     u         p.     ^     a 

P?emrin-  exhibits,  eacli  at  •         •         •  .004        0^4 

Preparing  1  exhibit         •         ;         V  counsel  of  fitness  of 

obtaining  his  signature  to  same.         •         •         _         •     0  15     0        0  15     0 

Sittings  fee     ■■■'']..-     ^     ^     ^         ^ 
If  agency,  letters,  CSc.     . 

Hilary  Sittings,  1878.                                   n  n  4 

■      f            and               at  per  folio  0     0     4         0  0  4 
U.  Engrossing  affidavit  ot         ^  ;j.-      .^ith  him  hereon 

14.  Attending  Mr.         ....^tlement  to  be  exhibited                          0  6  8 

r;htSv!tT'"aur'"bei„g.wo™tosa,„e  0    0    8        0  6  „ 

Wril^'JoMr.      •     with  ™sv.-u-.t  of  Ws  afliaavu    ^    ^    ^        ^    3    , 
this  affidavit        .         ;.,:•,.„  s\vorn  to  his  affidavit.     0     G     8         0 

per  folio      .         •         ■    .:   *  Cm.  iud^'ment,  atperfolu*     0     1 

fe::ic::riuXr^^-a,,a.ua«o,at  ^^,00 

per  tUio  each     .         *  ,4;  'r  woof  of  affidavits,  at  per  f.     a 

21:  Examining  and  correcting  proni  01  ^         ^         ^  0     0     2        0     u 

Paid  printers  charges    .         •         •         •  '  ".         ".060  0     6 

99    Aid  tiling  3  affidavits      .         •         ■  '  .002  00 

Paidfo^  hoc?  copy  (print),  at  per   oho.  •  •              q     0     8  0     6 

iSending  to  set  down  action  for  tnal  •  .10     0  2     0 

Paid  setting  same  down    ^,_    '.,  .;^,.  i^i.ard  as  .short      .008         u 
Attending  to  get  action  n  aikcd  t.>  U^^  ^^.^  ^^^^.^^^^  ^^^^^^^^^ 
Writing  and  inim-i^^^^^^^^^ 

^?.rftCc^l^%'^-ng  his  lather's  jour^^^  ^  ^  ^  ^  ? 
24'  Instructions  for  brief  ,_^^^^'  \  .  .  0  1  0  0  1 
Drawing  same,  folio  ,a   1         ^^^6  of  motion,  fobo 

^^^^^^"^S^hibr^Sed      .'foUo        ,  for  counsel,     ^     ^     ,        0    0 
together  folios,  at  per  folio  •         •         ' 


ijiWOT  S( 

•alp. 

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alp. 

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COST  OF  PLAINTIFF  FOR  ADVAKfE  ON  HI?;  PRESUMPTIVE  SnARK.      72.') 


Copy  statement  of  claim  f.r  counsel  (piiiit),  at  per  i'ulio 

Copy  attidavits  tiled  on  In-half  of  plaintitfs  for  counsel 
(print),  at  per  folio 

Attending,'  Mr.  with  brief     .         .         .         .         . 

Paid  fee  to  him  and  clerk 

Attending  Mr.  ajipointing  conference  . 

Paid  fee  to  him  and  clerk 

26.  Attending  conference 

Attending  Court  when  motion  heard  an<l  order  made     '. 

Writing  to  Mr  informing  him  of  the  result  of  the 

application  to  the  Court 0     3     (]         0     3     (5 

Attending  the  regi.strar  with  brief  and  papers,  and  be- 
speaking draft  order 

Close  copy  draft  order,  folios  fi  .... 

Attending  settling  same 

Paid  for  order         ........ 

Attending  passing  sanie 

Engrossing  co]\v  of  the  order  on  the  deed  of  settlement, 

folios  6        .  .         . 

Attending  with  order  and  getting  taxing  master  in  lo- 

tatiou  marked     .         .  

Making  copy  order  for  the  ta.xing,  folios  6      .         .         .' 
Drawing  bill  of  costs  and  copy,  folio         ,  at  per  folio    . 

Warrant  on  leaving  same 

Warrant  to  tax  same 

Attending  ta.xing  same,  at  i)er  25  folios  or  fiactionai 
part    .... 

Certificate  and  transcribing 

Attending  to  file  same  and  get  office  copy  marked 

Paid  for  office  copy 

Sittings  fee     .         .                 .         .         .  [         ]      _ 

If  agency,  letters,  &c '.        [        [     o 

Taxed  off   . 

Paid  administration  dut 


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ty 

— 

— 

Bill  of  Costs  and  Costs  Charges  and  Expenses  of  the  Defendants  to  he  Taxed  in 
piirsuance  of  Order  made  on  the  day  of  1878. 

1874.     Februarij. 

Writing  to  Mr.  requesting  him  to  invest  £ 

in  the  purchase  of  stock  in  the  names  of  Mr. 

« .    ,,.  .  .    «"^  }!^-  0     3     6         0     3     6 

24.  A\  nting  to  Mr.  with  cheque  for  paynunt  of 

£  lor  the  purchase  of  this  stock        .   '     .        ,036        036 


726  APPENDIX    111. 


Lower  Scale.    Higher  Scale. 
£     s.     d.         £,     s.     d. 


0     3     6         0     3 


March. 

Writing  to  Mr.  with  certified  transfer  of 

stock  to  be  executed  by  him 

4.  Attending  at  Mr.  office  getting  his  execiition  to 

the  certified  transfer  of  stock  and  attesting  same     0     6     8        Ob 

WritinfT  to  Mr.  with  the  certified  transfer  duly 

executed  by  Mr.  and  Mr.  .         ..036         03 

30.  Drawing  schedule  of  deeds  and  documents  relatmg 
to  the  settlement  herein  to  be  sent  to  ^Ir.  at  his 

rec^uest,  at  per  folio 010        01 

]Making  two  fair  copies  of  same,  at  per  folio  each  .         ,00-4        00 

31,  Writing  to  Mr.  and  informing  him  that  Mr. 

his  co-trustee  with  him  under  the  settlement 
had  written  and  requested  us  to  send  him  the  papers, 
and  recjuestiug  him  to  let  us  have  his  consent  to  their 
being  sent  accordingly 

April. 

Having  received  Mr.            consent,  writing  to  Mr. 
with  the  deeds  and  documents  relating  to  the  settle- 
ment herein  and  enclosing  2  copy  schedules  of  same, 
and  requesting  him  to  return  to  us  one  copy  schedule 
duly  receipted  by  hinx 


0     3     6         0     3 


0     3     6         0     3 


1877.     December  13. 

Writing  to  ]\Iessrs.  and  for  draft  settlement 

and  papers  herein .• 

Messrs.  and  having  Avritten  to  us  that  it 

appeared  the  papers  had  been  taken  away  by  Mr. 

attending  Mr.  at  conferring  with  hiin 

hereon  when  he  promised  to  have  the  pai)ers  looked 

out  and  sent  to  us       .         .         .         •         •         •         • 

14.  Attending  Mr.  for  and  obtaining  copy  settle- 
ment and  draft  appointment  of  new  trustees  together 
with  s<jme  copy  entries  of  attendances 

Paid  ^Ir.  charges         .         .         •         •      .    •         • 

Subse(iuentlv  writing  to  Mr.  and  lutornnug  liiiii 

that  it  was  tlie  original  draft  we  required  as  drawn  by 

Mr.  and  requesting  him  to  make  a  further 

search '  ,■    i  ' 

15.  Attending  Mr.  as  t<.  the  delivery  to  us  ot  the 
papers  recently  in  his  father's  possession  when  he  pro-  _ 

niised  to  make  a  further  search  .  .  .  ..068  00 
Having  received  draft  from  Mr.  Avriting  luni 

again  for  the  instructions  laid  before  the  conveyancing 

counsel  and  for  furtlier  information  respecting  that 

gentleman's  successors 0     3     6        0     3 

17.  Writing  to  Mr.  in  reply  to  his  letter  of  tlie 

16tli  instant  and  informing  him  wc  Avould  not  trouble 

him  anv  I'lirtlier  in  llie  iiiattev  at  i-reseiit   ,         .         .036         03 


0  3  6  0  3 

0  6  8  0  6 

0  G  8  0  6 

0  3  6  0  3 


COSTS  OF  DEFENDANTS  FOR  INVESTING  CASH,       727 

1,'iwiT  >-cal"'.    lli;;li<-r  Scalo. 
£      $.      (I.  K      t.      d. 

27.  Writing,'  U^  ^[l■.  in  iii>ly  toliis  of  tlif  20tli 
and  iururiiiiu;.,' him  that  he  was  iiiistakcn,  as  when  the 
new  ti-ustees  were  ajujuiiited  his  lather's  cLiini  a;^aiiist 

Mr.  was  settled  by  llv.  ...     0     .'i     C         0     3     6 

28.  Attending  Mr.  at  his  office  inspecting  all 
hooks  and  jiapers  which  lie  posf^essed  relating  to  the 
jirei)aration  oi    tiie   settlement  and   conferring    with 

him  thereon :  engaged  nearly  1  hours        ,         .         ,10     0         10    0 

1878.    January. 

3.  Attending  making  en([uiries  at  the  chambers  of  the 

late  Mr.  as  to  who  had  his  papers  and  business, 

and   subsequently  on  the  steward  of  Lincoln's  Inn, 

conferring  with    him,    when   he   referred   us   to  the 

steward  of  Clray's  Inn  of  which  the  deceased  had  been  a 

member,    and    attending    and   conferring   with   the 

steward  of  that  Inn,  but  wo  could  not  obtain  any  in- 
formation   ......... 

10.  Instructions  to  defend 

Attending  entering  appearance 

I'aid  entering  same         ....... 

Drawing  and  fair  copy  instructions  for  counsel  to  advise 

on  defence  .....,,. 

Attending  ^Ir.  with  same  .... 

Paid  fee  to  him  and  clerk 

Sittings  fee 

If  agency,  letters,  &c 


Hihirij  Sittinys,  1878. 

24.  Instructions  for  brief 110 

Making  copy  of  Ijrief,  folio  ,  notice  of  motion,  folio  , 
and  exhibits  marked  and  ,  folio  ,  for 

counsel,  together         folios,  at  per  folio 

Copy  stiitement  of  claim  for  counsel  (jirint),  at  per  folio 

Copy  of  alHdavits  filed  on  behalf  of  plaintiffs  for  coun- 
sel, folio         (print),  at  per  folio         .... 

Attending  Mr.  with  same 

Paid  fee  to  hiui  and  clerk 

Attending  Court  when  motion  heard  and  order  made, 
the  costs  to  be  paid  by  the  defendants  by  the  sale  of 
part  of  the  trust  funds         ...... 

Attending  before  registrar  settling  draft  order 

Attending  passing  siime 

Attending  stockbroker  with  instructions  to  sell  jiart  of 
the  trust  funds  sufficient  to  pay  the  costs  of  this  ap- 
plication, &c.       ........ 

Drawing  bill  of  cost  and  copy,  folio         ,  at  per  folio     . 

Attending  taxing  same,  at  per  25  folios  or  fractional 
part    .         

Sittings  fee     ........         . 

If  a-'encv 


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728 


APPENDIX   III. 


Chancery  Division. 

Costs  of  Application  to  restrain  Transfer,  d-c. 

Dividends. 


of  Stock  or  Payment  of 


Lower  Scale. 


of 


1880.  A2jril. 

Instructions  for  affidavit  to  restrain    transfer,  &;c., 
stock  or  payment  of  dividends  in  support  . 

If  the  plaintiff  is  a  married  woman  or  infant  charge 

Drawing  authority  and  attending  ,  obtaining  con- 

sent of  to  sue  in  his  name  as  next  fiiend 

Drawing  same,  folio        ,  at  per  folio     .... 

Engrossing  same,  at  per  folio  ..... 

Attending  deponent  to  be  sworn  to  same 

Paid  commissioner  taking  deponent's  oath 

Making  copy  affidavit  to  lie  marked  as  an  office  copy,  at 
per  folio 

I'aid  filing  affidavit         ....... 

Paid  for  office  copy,  at  per  folio 

Drawing  notice  to  the  bank  and  fair  copy,  at  per  folio   . 

Attending  the  solicitors  for  the  bank  and  with  them  to 
the  Bank  of  England  when  notice  was  entered  in  the 
books  and  the  stock  or  dividends  Avere  restrained 

Paid  the  Bank  solicitors'  charges    ..... 

Sittings  fee     ........         . 

If  agency       ......... 

As  the  rule  uf  the  Court  dated  the  (jth  April,  1880, 
does  not  allow  the  transfer,  &c.,  Avithout  the 
order  of  Court,  it  is  presi;med  the  following 
charges  to  get  the  restraint  removed  will  be 
allowed-— 

Having  been  served  Avith  notice  from  the  Bank  that  an 
application  had  been  made  for  the  transfer  of  the 
stock  or  for  the  payment  of  the  dividends. 

Drawing  and  engrossing  petition  to  remove  the  restraint 

Attending  to  present  petition  and  for  order    . 

Paid  for  order 

Copy  for  service  on  solicitors  to  the  Bank,  at  per  folio 

Service  of  same      ....... 

Sittings  fee     .......         . 

If  agency       ........ 

In  agency  chaigc  lor  clo.-e  copy  notice,  at  per  folio 


0     6     8 


Higher  Scale. 
£     s.      d. 


0     6     8 


0 

6 

8 

0 

13 

4 

0 

1 

0 

0 

1 

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0 

0 

4 

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4 

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2 

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4 

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4 

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I'LAINTll-l's   COSTS   OF   sl'liCIAL   CA^K.  72lj 

Plainfifs  Costs  on  Special  Case, 

Micliaelmai  Sittings,  187  . 

Lower  Scale.    Higher  Scale. 
iC     s.      (1.  £,     I.     d. 

Xovcmbcr,  187  . 

Instructions  to  sue .         .  0C8        0134 

(When  taken  separately  from  more  than  3  persons 
not  being  co-jxirtners),  the  Taxing  Officer  may 
make  such  further  allowance  as  he  shall  consider 
reasonable.     See  Special  Allowance  and  General 
Provisions  of  Additional  Rules  of  Court,  dated 
12th  August,  1875.) 
Certificate  of  lower  scale         ...... 

Writ  of  summons  ........ 

Special  indorsement        ....... 

Paid  issuing  writ    ........ 

Copy  writ  for  service      ....... 

At  per  folio  beyond  2  folii>s   ...... 

Service  on  each  defendant 

Search  api)earance  and  i)aid   .         .         .      *  . 
In.^tructions  for  special  case   ...... 

(In  liigher  scale  actions  the  Taxing  Officer  may 
make  such  allowance  as  in  his  discretion  he  may 
think  fit.) 

Drawing  same,  folios  40 200        200 

Making  copies  of  testator's  will,  and  other  document, 

to  enable  counsel  to  settle  same,  folio  60    . 
Fee  to  counsel  to  settle  ....... 

Attending  him        ........ 

Making  two  copies  for  defendants  .... 

Attending  Mr.                with  same  for  defendants  . 
The  like,  Mr.                 ,  for  other  defendants  . 
Attending                     ,  explaining  the  nature  and  duties 
of  guardian  in  order  to   have  a  proper  person  ap- 
pointed  068        068 

(Charge  for  attendances  on  alteration   of  special 
case,  if  any.) 
Attending  producing  documents  set  out  in  special  case 
for  examination  of  Mr.                    on  behalf  of  defen- 
dants   

The  like  to  Mr.  on  behalf  of  other  defendants 

Paid  fee  to  counsel  on  re-settling  case    . 
Attending  him       ....... 

Having  received  alterations  on  behalf  of  defendants, 

perusing  and  considering  same 0     6     8         0     6     8 

Attending  counsel  with  special  case  as  altered  by  the 

counsel  of  the  defendants 034         068 

Paid  fee  to  him  and  clerk 136         136 

(If  the  alterations  made  by  the  defendant's  counsel 
ar«  not  approved  of,  plaintiff's  counsel  charge 
for  further  attendances  on  defendant's  solicitor  m 
.settling  case.) 


1 

0 

0 

1 

0 

0 

3 

5 

6 

3 

5 

6 

0 

6 

8 

0 

6 

8 

1 

6 

8 

1 

6 

8 

0 

6 

8 

0 

6 

8 

0 

6 

8 

0 

6 

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6 

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3 

4 

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730  APPENDIX   III. 


Lower  Scale.    Higher  Scale. 
£     s.      (/.  £     s.      d. 


Instructions  for  affidavit  of  upon  wliicli  to  ap- 
point special  guardian  to  the  infant 
plaintiffs 0 

Drawing  same,  folios  5  .....         . 

Engrossing  same 0 

Attending  deponent  on  his  being  sworn  to  same    .         .     "^ 

Paid  commissioner  taking  deponent's  oath     . 

Making  copy  affidavit  to  be  marked  as  an  office  copy     . 

Paid  filing  affidavit 

Paid  for  office  copy         ....... 

Drawing  and  engrossing  petition  for  appointment  of 
guardian  to  infant  plaintiffs        ..... 

Attending  and  presenting  same 

Paid  for  order •     _   • 

Making  copy  special  case  as  settled  for  the  printer,  folios 
40       .         . 

Examining  and  correcting  proof 

Paid  printer's  charges    .    _ 

Print  of  special  case  for  filing 

Attending  to  file  same 

Paid  filing  same     ....■■...•     0 

Print  of  special  case  for  each  service 

Service  of  same  on  each  defendant 

Sittings  fee     .......         • 

If  agency,  letters,  &c . 


Hilary  Sittiiyjs,  187  . 

Instructions  for  affidavit  of  ,  verifying  special 

case 

Drawing  and  engrossing  same,  folios  5  . 

Attending  deponent  to  be  sworn  to  same 

Paid  oath  and  filing        ....  .         . 

Making  copy  affidavit  to  be  marked  as  an  office  copy    . 
Paid  f(jr  office  copy         ....... 

Drawing  and  engrossing  affidavit  verifying  the  death  of 

tenant  for  life,  2  fidios 

Attending  deponent  to  be  sworn  to  same 

Paid  oatli  and  filing        ....... 

Making  co])y  to  Ite  marked  as  an  oifice  copy  . 

Paid  for  office  copy         ....... 

Notice  f>f  filing  copy  and  service    ..... 

The  like  Ujion  solicitors  after  the  first,  each  . 
Drawing  notice  of  moticm  fir  leave  to  set  down  case  for 

argument .         ..020 

Copy  and  service  of  same  on  scdicitor  for  the  dd'cn 

dants,  at  each 

Brief  copy  affidavit  of  verifying  .special  cafe 

Copy  notice  of  motion  to  annex  .... 
Print  of  special  case  for  counsel  .... 
Copy  wiit  for  counsel,  at  per  folio 


0 

6 

8 

0 

13 

4 

0 

5 

0 

0 

5 

0 

0 

1 

8 

0 

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8 

0 

6 

8 

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6 

8 

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6 

8 

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6 

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3 

6 

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6 

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8 

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plaintiff's  costs  of  special  case. 


7;u 


Fee  ti>  counsel  and  cleik 

Atteudiiig  him       ..... 

Copy  special  case  for  the  Court 

Atteudiug  Court,  order  made 

Attending  to  bespeak  order    . 

Close  copy  minutes  of  order,  foli(js      ,  at  per  foli 

Notice  to  settle  copy  and  service    . 

The  like  on  the  other  defendant's  sidicitors,  each  ; 

Attending  to  settle  same        ... 

Paid  for  order 

Notice  to  pass  same,  copy  and  service     . 

The  like  on  other  defendant's  solicitors,  each  at 

Attencling  passing  same .... 

Sittings  fee 

If  agency,  letters,  &c 


Lower  Sc 

ale. 

Higlier  3calo. 

£ 

s. 

(1. 

Ji, 

s. 

ii 

1 

3 

6 

1 

3 

6 

0 

3 

4 

0 

6 

8 

0 

() 

8 

0 

10 

0 

0 

6 

8 

0 

13 

4 

0 

6 

8 

0 

6 

8 

0 

0 

4 

0 

0 

4 

0 

4 

0 

0 

4 

0 

0 

2 

0 

0 

2 

6 

0 

G 

8 

0 

13 

4 

0 

3 

0 

0 

5 

0 

0 

4 

0 

0 

4 

0 

0 

2 

6 

0 

2 

6 

0 

6 

8 

0 

13 

4 

0 

15 

0 

0 

15 

0 

0 

0 

0 

0 

0 

0 

Trinity  Term,  187  . 

Attending  setting  down  special  case 

Paid  setting  same  down  ..... 

Notice  thereof,  copy  and  service     .... 

The  like  on  the  other  defendant's  solicitors,  each  at 

One  copy  case  for  counsel,  folios  40,  each 

Drawing  observations  and  2  fair  copies,  folios  14,  each 

Making  1  fair  copy  of  testator's  will  and  other  docu 

ments  for  counsel,  folios  60         ...         . 
Fee  to  Mr.  ,  Q.C.,  and  clerk      . 

Attending  him 

Attending  Mr.  with  same .... 

Paid  fee  to  him  and  clerk 

Attending  Mr.  ,  Q.C.,  appointing  consultation 

Paid  fee  to  him  and  clerk 

Attending  Mr.  appointing  consultation  . 

Paid  fee  to  him  and  clerk 

Attending  consultation 

Two  prints  of  special  case  lor  the  use  of  the  judge  am, 

the  registrar        ....... 

Attending  the  Judge's  secretary  therewith     . 
Attending  Court,  special  case  in  paper  but  imt  readied 

Sittings  fee 

If  agency,  letters,  (itc 


.     0 

6 

8 

0 

6 

8 

.    1 

0 

0 

2 

0 

0 

.     0 

4 

0 

0 

4 

0 

.     0 

2 

() 

0 

2 

G 

.     0 

G 

8 

0 

6 

8 

.    1 

3 

4 

1 

3 

4 

- 

.    1 

0 

0 

1 

0 

0 

.  11 

0 

0 

11 

0 

0 

.     0 

G 

8 

0 

13 

4 

.     0 

G 

8 

0 

13 

4 

^7 

4 

12 

0 

/ 

12 

0 

a    0 

G 

8 

0 

G 

8 

2 

!) 

G 

2 

9 

G 

'.     0 

3 

4 

0 

G 

8 

.     1 

3 

G 

1 

3 

G 

.     0 

13 

4 

0 

13 

4 

.     0 

13 

4 

1 

0 

2 

.     0 

G 

8 

0 

G 

8 

1     0 

6 

8 

0 

10 

0 

.     0 

15 

0 

0 

15 

0 

.     0 

G 

() 

0 

G 

0 

Refresher  to  Mr. 
Attending  him 
The  like  to  Mf. 
Attendin"  him 


Micltachna.'i  Sittings,  187  . 
,  Q.C.,  and  clerk     . 
and  clerk 


2 

4 

6 

2 

4 

G 

0 

6 

8 

0 

6 

8 

1 

3 

G 

1 

3 

6 

0 

3 

4 

0 

fi 

8 

732 


APPENDIX    III. 


Noveruher. 

Attending  Conrt,  case  in  pa})er  but  not  reaclied     . 

The  like 

Attending  Court,  case  heard 

Or  according  to  circumstances  not  to  exceed 

Attending  Registrar  with  papers,  bespeaking  draft  order 

Copy  draft  order  at  per  folio 

Notice  to  settle  same,  2  copies  and  services    . 

Attending  settling  same         ...... 

Or  at  the  Taxing  Master's  discretion  not  to  exceed 

Preparing  list  of  evidence  read  (if  required  by  registrar) 

Or  per  folio 

Paid  for  order         ........ 

Notice  to  pass  same,  2  copies  and  services 

Attending  passing  same 

Making  copy  order  for  Taxing  Master,  per  folio  at 

Attending  to  get  Taxing  Master  in  rotatioir  marked 

Drawing  bill  of  costs  and  copy,  18  folios 

AVarrant  on  leaving,  2  copies  and  services 

Wari'ant  to  tax,  2  copies  and  services     .... 

Attending  taxing   ........ 

Paid  for  costs  of  defendants,  folios        ,  at  per  folio 

Attending  taxing  same,  6s.  M.  ev&vj  25  folios,  or  frac- 
tion. 

Sittings  fee     ........         . 

If  agency,  letters,  &c 


Low 

cr  Scale. 

Higher  Scale. 

& 

s. 

d. 

£, 

s. 

c/. 

0 

6 

8 

0 

10 

0 

0 

6 

8 

0 

10 

0 

0 

13 

4 

1 

1 

0 

1 

1 

0 

2 

2 

0 

0 

6 

8 

0 

6 

8 

0 

0 

4 

0 

0 

4 

0 

6 

6 

0 

6 

6 

0 

6 

8 

0 

13 

4 

1 

1 

0 

3 

3 

0 

0 

6 

8 

0 

6 

8 

0 

1 

0 

0 

10 

0 

1 

0 

0 

0 

6 

6 

0 

6 

6 

0 

6 

8 

0 

13 

4 

0 

0 

4 

0 

0 

4 

0 

6 

8 

0 

6 

8 

0 

12 

0 

0 

12 

0 

0 

7 

0 

0 

11 

0 

0 

7 

0 

0 

11 

0 

0 

6 

8 

0 

6 

8 

0 

0 

4 

0 

0 

4 

0 

15 

0 

0 

15 

0 

0 

G 

0 

0 

6 

0 

Pefendcmfs  Costs  nf  Special  Case. 
Michaehnas  Sittings,  187  . 

(Here  insert  any  fair  and  reasonable  attendances 
upon  any  of  the  parties  interested,  or  the  exe- 
cutors, in  order  to  arrive  at  the  stating  of  the 
case,  or  agreeing  to  its  being  the  form  of  proceed- 
ings.) 
Instructions  to  defend    ...... 

Attending  entering  appearance       .... 

Paid  entering  .same         ...... 

If  entered  at  any  one  time  for  more  than  1  person,  for 

every  defendant  beyond  the  first 
If  a  person  appearing  U)  a  writ  of  summons  to  recover 
land,  limits  liis  defence  by  his  memorandum  of  ap 
])earance  in  addition  to  the  above 
Notice  of  appearance,  copy  and  service  . 
Perusing  sj)ecial  case,  folios  40       ...         . 

Attending  Mr.  thereon,  when  he  requested  copy 

thereof  to  be  forwarded  to  him,  together  with   copy 

will,  and  d(jcuinents,  together,  folios  100    . 

Fee  to  Mr.  to  peruse  and  settle  same  on  behalf 

of  defendants      ........ 


.     0     () 

8 

0  13 

4 

.     0     6 

8 

0     6 

8 

.     0     2 

0 

0     2 

0 

r 

.     0     1 

r 

0 

0     2 

0 

.    0    n 

8 

0     6 

8 

.     0     4 

0 

0     4 

0 

.     0  13 

4 

0  13 

4 

1   13     4 


1   13     4 


DEFENDANT  S    COST.S    OF    SPECIAL    CASK. 


7:r; 


Atteiuliiif:;  liim 

The  ]uirties  reiiuestiiij,'  a  conference, in  order  iiKire  luUy 
to  instruct  counsel  to  settle  draft  case,  attending  ap- 
])ointinf,'  same      ........ 

Paid  his  fee  and  clerk    ....... 

Attending  conference     ....... 

Making  copy  opinion  of  counsel 

Writing  with  same  and  advisin;. 
attendance  .... 

23.    Having  received    draft    case 


Lower  S<.-al«'. 
£  $.  il. 
0      (>      8 


Higher  Scale. 
£  r.  (I. 
0      0      8 


thereon,  and  clerk's 


somewhat 


altered, 
making  alterations,  and  attending  Mr.  thereon 

Adding  his  alterations,  and  attending  returning  case 

April. 

7.  Attending  plaintiff's  solicitor  on  his  returning  same 
with  his  counsel's  further  alterations. 

^Making  the  necessary  additions  t(j  copy  special  case 

Attending  counsel  witli  same  to  approve  of   . 

Paid  fee  to  him  and  clerk      ...... 

Attending  plaintiJf's  solicitors,  returning  di'aft  case  ap- 
proved       ......... 

On  being  served  with  print  of  special  case,  folios  40, 
perusing  sanie     ........ 

Copy  notice  of  motion  to  set  down  s})ecial  case,  folios  2, 
at  per  folio  ....... 

Paid  for  copy  affidavit  in  support  of  same,  folios  5 

Perusing  same,  at  per  folio 

If  agency,  close  copy      ...... 

Drawing  observations,  on  motion  for  counsel,  folios  10 

Copy  of  same  for  counsel        ..... 

Making  copy  writ,  fidios  10,  notice  of  motion,  folios  2, 
affidavit  of  verifying  special  case,  folios  5,  togetlier,  17 
folios  for  counsel         ...... 

Print  of  special  case  for  counsel     .... 

Fee  to  Mr.  and  clerk,  with  brief  and  papers 

Attending  liim       . 

Attending  Court  on  motion  when  order  made 

Close  copy  draft  order,  at  per  folio 

Attending  settling  same 

Attending  to  pass  same  ...... 

Drawing  retainer,  and  attending  Mr.  therewitl 

Paid  his  fee  and  clerk 

Sittings  fee 

If  agency,  letters,  &c 


0  3 

1  (5 
0  13 
0     2 

0     5 


0     (•)     8 


0     C.     8 


0  G 

1  (J 
0  13 
0     2 

0     5 


0 

6 

8 

0 

6 

8 

0 

G 

8 

0 

G 

8 

0 

G 

8 

0 

6 

8 

0 

3 

4 

0 

G 

8 

0 

3 

4 

0 

G 

8 

1 

3 

6 

1 

3 

G 

0     G 


0  13     4 


.     0 

0 

8 

0 

0 

8 

.     0 

1 

8 

0 

1 

8 

.     0 

1 

8 

0 

1 

8 

.     0 

1 

8 

0 

1 

8 

.     0 

10 

0 

0 

10 

0 

.     0 
> 

^5 

3 

4 

0 

3 

4 

7 
.     0 

5 

4 

0 

5 

4 

.     0 

G 

8 

0 

10 

0 

.    1 

3 

G 

1 

3 

G 

.     0 

3 

4 

0 

(J 

8 

.     0 

G 

8 

0 

13 

4 

.     0 

0 

4 

0 

0 

4 

.     0 

G 

8 

0 

13 

4 

.     0 

G 

a 

0 

13 

4 

I     0 

3 

4 

0 

G 

8 

.    1 

3 

G 

1 

3 

G 

.     0 

1") 

0 

0 

ir> 

0 

.     0 

G 

0 

0 

G 

0 

Trinity  Term,  187  . 

One  brief  copy  of  special  case  for  counsel,  f<dios  40        .  0     G     8 
Two  brief  copies  of  will  and  other  documents  for  counsel, 

folios  60,  each     .         . 2     0 

One  copy  of  writ  for  counsel,  f<dios  10  .         .         .         .03 

Drawing  observations,  folios  20 10 

Two  fair  copies  for  counsel 0  13 


0  13     4 


0 

2     0 

0 

4 

0     3 

4 

0 

1     0 

0 

4 

0  13 

4 

734 


APPENDIX    III. 


Attending  Mr.  ,  Q.C,  with  brief 

Paid  Ins  fee  and  clerk 

Paid  him  consultation  fee  and  clerk 

Attending  him       ....... 

Paid  Mr.  brief 

Paid  fee  to  him  and  clerk       ..... 
Paid  him  consultation  fee  and  clerk 

Attending  him 

Attending  consultation  ..... 

Attending  Court,  special  case  in  paper  but  not  reached 

Sittings  fee 

If  agency,  letters,  &c. 


Lower  Scale. 

Higher  Sea 

le. 

£      .«. 

(/. 

£ 

s. 

(I 

.     0     (5 

8 

0 

6 

8 

.     4     6 

6 

4 

6 

6 

.     2     9 

6 

2 

9 

6 

.     0     6 

8 

0 

6 

8 

.     0     G 

8 

0 

6 

8 

.     3     5 

6 

3 

5 

6 

.     1     3 

6 

1 

3 

6 

.     0     3 

4 

0 

6 

8 

.     0  13 

4 

0 

13 

4 

.  -0     6 

8 

0 

10 

0 

.     0  15 

0 

0 

15 

0 

.     0     (5 

0 

0 

6 

0 

Michaelmas  Sittuui.'i,  187  . 

Refresher  to  Mr.  ,  Q.C.,  and  clerk     . 

Attending  him  ..."... 

The  like  to  Mr.  and  clerk .... 

Attending  him . 

November. 
Attending  Court,  case  in  the  paper 

The  like 

Attending  Court,  case  heard,  when  order  made 
Or  according  to  circumstances,  not  to  exceed 
Attending  the  difi'erent  members  of  the  family,  inform 

ing  theni  the  result     .... 
Attending  settling  minutes    . 
Copy  minutes,  at  per  fidio 
Attending  passing  order 
Drawing  this  bill  of  costs  and  copy,  20  folios 
Warrant  on  leaving,  copy  and  service     . 
Warrant  to  tax,  copy  and  service   . 
Attending  taxing   ..... 
Paid  for  copy  costs  of  plaintiffs,  at  per  folio 
Attending  taxjng  same  .... 

Sittings  fee 

If  agency,  letters,  &c 


2 

4 

6 

2 

4 

6 

.     0 

6 

8 

0 

G 

8 

.     1 

3 

6 

1 

3 

G 

.     0 

3 

4 

0 

G 

8 

.     0 

6 

8 

0 

10 

0 

.     0 

6 

8 

0 

10 

0 

.     0 

13 

4 

1 

1 

0 

1 

1 

0 

2 

2 

0 

.     0 

6 

8 

0 

6 

8 

.     0 

6 

8 

0 

13 

4 

.     0 

0 

4 

0 

0 

4 

.     0 

(3 

8 

0 

13 

4 

.     0 

13 

4 

0 

13 

4 

.     0 

3 

6 

0 

5 

6 

.     0 

3 

6 

0 

5 

G 

.     0 

G 

8 

0 

6 

8 

.     0 

0 

4 

0 

0 

4 

'.     0 

15 

0 

0 

15 

0 

.     0 

G 

0 

0 

6 

0 

'35 


COSTS  OF  INFANT  PLAINTIFF  ON  HIS  COMING  OF  AGE  FOR 
PAYMENT  OF  HIS  SHARE  OF  THE  FUNDS  IN  COURT 
WHICH  HAD  NOT  BEEN  CARRIED  OVER  TO  A  SEPARATE 
ACCOUNT— ALSO  COSTS  OF  THE  TRUSTEES  OF  THIS  APPLI- 
CATION ;  COSTS  OF  STOP  ORDER  AND  FOR  PAYMENT  OF 
THE  MORTGAGEE'S  CLAIM  ;  COSTS  OF  INFANT  PLAINTIFF 
AND  HIS  GUARDIAN  ON  APPLICATION  TO  ARTICLE  THE 
INFANT. 

In  the  High  Court  of  Justice:,  187  No. 

CHANCERY  DIVISION. 
Between  Plaintiffs, 

AND 

Defendants. 

Bill  of  Costs  of  one  of  the  Plalnlijfs  or  Def'nJants  on  his  cominrj  of 
arje  for  payment  of  his  share  of  the.  fund  in  Court  vhicli  had  not  been  carried 
over  to  a  separate  account. 


Trinity  Sittings,  1878. 


Lower  Scale.    Higher  Scale, 
s.      il.  £.     s.      d. 


Attcn(liu<,'  plaintiff  when  he  stated  he  was  of  age 

and  wished  his  share  of  fund  in  court  to  be  paid  to 

liim 0G8         068 

Certificate  of  h'Wer  scale  and  signing  same     .         .         .050 

Attending  searching  for  his  birth  certificate  .         .         .008         0     G     8 

Paid  for  same  and  search         .         .         .         .         ..037         037 

Attending  at  the  Payniaster-GLiiciurs  ollice  bespeaking 

certificate  of  fund  in  court  and  afterwards  for  .same     .008         008 
Preparing  summons  on  behalf  of  plaintiff  for  payment 

of  his  share  out  of  court  and  attending  at  chambers  to 

get  same  sealed 03     0         0G8 

If  special  at  Ta.\ing  Master's  di.scret ion  not  exceeding    .     0     G     8         110 

Paid  stamp 020         030 

Making  copy  to  leave  at  chambers 0     2     0         0     2     0 

Or  per  folio'    .         .         .         •..-.•.•         •         •  004 

Copy  and  service  of  same  on  solieitors  for  defendants  the 

trustees 03G         04G 

Or  per  folio 004         004 

Instructions  for  ailidavit  of  verifying  certificate 

of  birth 0     G     8         0     G     8 

Drawing  same,  folios  5  0     5     0         0     2     G 

Engrossing  same 018        018 


73G 


APPENDIX   III. 


Preparing  exhibit 

Attending  deponent  to  be  sworn  to  same 

Paid  commissioner  taking  deponent's  oath  and  marking 

exhibit 

Paid  filing  affidavit 

flaking  copy  to  be  marked  as  an  office  copy  . 

Paid  for  office  copy 

Notice  of  filing  same,  copy  and  service  .... 
Attending  summons  wherein  order  made 

Close  copy  draft  order,  folios  6 

Notice  to  settle  same,  copy  and  service  .... 

Attending  settling  same 

Paid  for  order 

Notice  to  pass  same,  copy  and  service     .... 

Attending  passing  same 

Drawing  bill  of  costs  and  copy,  folios  8  ... 

Attending  assessing  same         .         .         .         .         . 
Paid  for  copy  costs  of  the  defendants  the  trnstees,  folios  5 

Attending  taxing  same 

Paid  ad  valorem  duty     ....... 

Attending  the  registrar  for  dii'ection  to  sell  out  so  much 

of  the  stock  as  would  raise  £  .         .         .         . 

Attending  the  Paymaster-General  therewith  . 
Attending  plaintift'  and  identifying  him  uu  his  le- 

ceiving  cheque     ........ 

Sittings  fee     .         .         .         . 

If  agency,  sittings  fee     ......         . 


Lower  So 

ale. 

Higher  Sea 

le. 

£ 

s. 

d. 

£ 

s. 

d. 

0 

1 

0 

0 

1 

0 

0 

6 

8 

0 

6 

8 

0 

2 

6 

0 

2 

6 

0 

2 

0 

0 

2 

0 

0 

1 

8 

0 

1 

8 

0 

0 

10 

0 

0 

10 

0 

4 

0 

0 

4 

0 

0 

6 

8 

0 

13 

4 

0 

2 

0 

0 

2 

0 

0 

4 

0 

0 

4 

0 

0 

6 

8 

0 

13 

4 

0 

5 

0 

0 

5 

0 

0 

4 

0 

0 

4 

0 

0 

6 

8 

0 

13 

4 

0 

5 

4 

0 

5 

4 

0 

6 

8 

0 

6 

8 

0 

1 

8 

0 

1 

8 

0 

6 

8 

0 

6 

8 

0 

6 

8 

0 

6 

8 

0 

(5 

8 

0 

6 

8 

0 

6 

8 

0 

6 

8 

0 

15 

0 

0 

15 

0 

1 

1 

0 

1 

1 

0 

Bill  of  Costs  of  the  iJefendants. 


the  Trustees. 


Instructions  to  defend    . 

Paid  for  copy  affidavit  in  support  of  apj 

Perusing  same         .... 

Attending  summons  when  order  made 

Close  cojn'  draft  order,  folio.«  6 

Attending  settling  same 

Attending  passing  same 

Drawing  bill  oi  costs  and  copy,  folios  5 

Attending  assessing  same 

Paid  for  copy  costs  of  plaintiff,  folios  8 

Attending  taxing  same   . 

Sittings  fee 

Paid  ad  valorem  duty     . 
If  agency,  sittings  fee      . 


0     0     8 


0     C     8 


)lication,  folios  5     0 

1 

8 

0 

1 

8 

.     0 

1 

8 

0 

1 

8 

.     0 

G 

8 

0 

13 

4 

.     0 

2 

0 

0 

2 

0 

.     0 

6 

8 

0 

13 

4 

.     0 

6 

8 

0 

13 

4 

.     0 

3 

4 

0 

3 

4 

, 

.     0 

(J 

8 

0 

G 

8 

.     0 

2 

8 

0 

2 

8 

.     0 

G 

8 

0 

6 

8 

.     0 

15 

0 

0 

15 

0 

.    1 

1 

0 

1 

1 

0 

COSTS    OF    MO:tTGAGF.I-;    Foil    I'AYMENT   T(  >    Hl.\r. 


In  the  High  Court  of  Justice,  1877 

CHANCERY  DIVISION. 


Between 


A>'D 


No. 

Plaintiffs, 
Defendants. 


Bill  of  Costs  of  a  Mortgagee  on  his  apiAkation  that  the  one-seventh  Share  of 
Plaintiff  in  the  suvi  of  £         stock  might  be  sold  to  raise  sufficient  for 

payment  of  £  and  interest,  and  his  costs  of  the  application  and  also 

his  costs  of  obtaining  a  stop  order.      IVhen  this  summons  ivas  taken  out 
other  proceedings  were  then  going  on  in  the  action. 


Lower  Scale. 
£      s.      (I. 

Preparing  summons  for  an  order   tliat  no  part  of  the 

one-seventh  share  of  pUiintilf        in  the  sum  of  £ 

stock  should  be  sold  without  notice  to  the  said 

and  attending  at  chambers  to  get  same  sealed      .         .030 
If  .special  at  Taxing-Master's  discretion  .         .         .         .008 

Paid  stamp 020 

Copy  to  leave  at  chambers      .         .         .         .         .         .020 

Or  per  folio 004 

Copy  and  service  of  same  on  plaintiff    .         .         .         .036 

Or  per  folio ..004 

Instructions  for  affidavit  of  verifying  e.\ecution  of 

mortgage     .         .         .         .         .        '.         .         .         .068 

Drawing  same,  folios  7   .         .         .         .         .         .         .070 

Engrossing  same     .         .         .         .         .         .         .         .024 

Preparing  exhibit 0     10 

Attending  deponent  to  be  sworn  to  same         .         .         .068 
Paid  commissioner  taking  deponent's  oath  and  marking 

exhibit         ......... 

Paid  fding  affidavit 

Making  copy  to  be  marked  as  an  office  copy  . 

Paid  for  office  copy         ....... 

Notice  of  filing  .^ame,  copy  and  service   .... 

Attending  at  the  Paymaster-General's  office,  bespeaking 

certificate  of  fund  in  court  and  afterwards  for  same  .  0  6 
Attending  sunnuons  when  order  nuuh,'  .  .  .  .06 
Close  copy  draft  order,  at  per  folio  .         .         .         .00 

Notice  to  settle  same,  copy  and  service  .         .         .         .04 

Attending  settling  same 0     6 

Notice  to  pass  same,  copy  and  service    .        .  .04 

Paid  for  order 0     3 

Notice  to  pass  same,  copy  and  service     .  .04 

Attending  jxissing  same  .         .         .  .         .06 

Attending  at   the   Paymaster-General's  with  order  fur 

same  to  be  entered  in  his  books  and  afterwards  for 

same  entered        .         .         .         .         .         .         .         .06** 


0  2  6 

0  2  0 

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Higher  Scale. 
Jb      $.      d. 


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738  APPENDIX  IIT. 


Lower  Scale.    Higher  Scale. 
X.      s.      d,  £,      s.      d. 


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Hilary  SiUings,  1877. 

Preparing  summons  for  payment  of  £  and  interest 

thereon  at  the  rate  of  £        per  cent,  per  annum  to  the 

applicant  on  the  mortgage  executed  by  plaintiff 

and  that  so  much  of  the  £  stock  might  be  sold  to 

raise  that  amount,   and   the   costs  incurred  of  and 

incidental  to  the  application  obtaining  the  stop  order 

on  the  one-seventh  share  of  the  plaintiff  in  the  trust 

funds  and  also  the  costs  of  all  parties  of  and  inci- 
dental to  that  application  and  attending  at  chambers 

to  get  same  sealed  .....•• 
Paid  stamping  same  .....■• 
Making  copy  to  leave  at  chambers  .... 

Copy  and  service  of  same  on  phuntiff  mortgagor     . 
Copy  and  service  of  same  on  the  first  mortgagor  on 

plaintiff's  security 

Copy  and  service  of  same  on  defendants  the  trustees 
Attending  at  the  Paymaster-General's  office  and  bespeak- 
ing  certificate  of  fund  in  court  and  afterwards  Ibr 

same   ....•••••• 

Attending   at   the   report   office   and   bespeaking  office 

copies  of  four  orders,  and  afterwards  for  same      .  _ 

Paid  for  office  copy  of  order  dated  the  187  ,  folios  6 

J,  „  dated  the  187  ,  folios  7 

'  „  dated  the  187  ,  folios  5 

„  ,,  dated  the  187  ,  folios  G 

This  was  necessary  as  these  stop  orders  referred  to 

other  parties'  shares. 

Attending  summons  before  the  chief  clerk  for  order  for 

payment   of  amount  due   to   applicant   when    same 

adjourned  to  the  Gth  inst 

Attending   adjourned   summons   when  the   chief  clerk 

allowed  the  applicant  to  amend  the  summons  by  ask- 
ing the  first  mortgage  to  be  paid  otf  also      .         .         .     0     G     8         0     G     8 
Having  been  informed  Ijy  mortgagor  that  the  amount  of 

£         for  which  the  stop  order  dated  the  187  , 

liad  been  paid  off,  writing  to  the  mortgagee  requesting 

to  know  whether  this  sum  had  been  repaid  to  him      .     0     3     G         0     3     G 
On  receipt  of  letter  received  from  this  mortgagee  referring 

us  to  his  solicitor,  writing  according  to  his  solicitors, 

requesting  to  know  whether  the  judgment  signed  by 

liim  against  the  plaintiff  and  for  which  he  had 

oljtained  a  stop  order  had  not  been  paid  off 
Amending  adjourned,  summons,  folios  2 
Making  copy  of  amended  summons  for  chambers    . 
]\Iaking  cojjy  amended  summons  for  plaintiff 
The  like  for  the  first  mortgagor  on  plaintiff's  share 
The  like  on  defendants  the  trustees         .... 
Copy  and  service  of  same  on  the  solicitor  for  mortgagee 

who  had  obtained  a  judgment,  folios  7.         .         .         .052         062 
Attending  adjourned  summons   as  amended  when  the 

chief  clerk  stated  that  he  could  unt  make  an  order  to 


0 

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COSTS   OF   MORTGAGEE   FOR   PAYMENT   TO   HIM.  7'>0 

Lower  Scale.    Higher  Scale. 
J^     s.      d.  £■     s.      (/. 

pay  off  these  two  mortgages  until  the  trustees  the 
defendants  had  filed  an  aitidavit  as  to  incumbrances 
and  the  chief  clerk  ordered  the  trustees  to  file  an 
affidavit  within  ten  days 0G8        0134 


Easter  Sittings,  1877. 

Having  obtained  an  appointment  to  proceed  on  the 

adjourned  amended  summons  before  the  chief  clerk  on 

the  day  of  next  notice  thereof  to  the 

solicitor  for  the  first  mortgagee  and  copy  and  service 

of  same        ......... 

The  like  to  the  plaintiff 

The  like  to  the  defendants  the  trustees  .... 
The  like  to  the  solicitor  for  judgment  mortgagee    . 
Attending  adjourned  amended  summijus  for  payment  of 

these  two  mortgagees  when  the  chief  clerk  stated  he 

would  make  the  order  subject  to  his  seeing  the  other 

stop  orders  did  not  refer  the  share  of  the  plaintiff'      .008         0  13     4 
Attending  at  the  report  office  and  bespeaking  copies  of 

three  more  stop  orders 

Paid  for  co]iy  orders  dated  187  ,  folios  8    . 

„  .,  ,,  187  ,  folios  5    . 

,,  ,,  .,  187  ,  folios  6    . 

Attending  adjudgetl  summons  for  payment  off'  of  these 

mortgages  when  same  was  adjourned  because  the  soli- 
citor for  judgment  mortgagee  would  not  consent  until 

the  chief  clerk's  certificate  was  settled        .         .         .     0     G     8         0     G     8 


Trinity  Sittings,  1877. 

Attending  appointment  on  adjourned  summons  when  the 

chief  clerk  enquired  whether  his  general  certificate 

Avas  completed  and  on  his  being  informed  it  was  ex- 
pected to  be  completed  by  the  14th  inst.  he  directed 

this  application  to  stand  over  until  then,  and  if  there 

was  any  hitch  in  settling  his  certificate  on  that  day 

applicant  might  again  apply  for  an  appointment  to 

attend  before  him  on  the  adjudged  summons,  but  if 

his  certificate  was  completed  on  that  day  the  applicant 

could  apply  when  he  (the  chief  clerk)  had  signed  his 

certificate 00     8         008 

21.  Attending  adjourned  summons  to  payoff  these  mort- 
gages when  the  chief  clerk  adjourned  same  to   the 

Judge 0     G     8         0  13     4 

Attending  at  the  report  office  bespeaking  print  of  stop 

order  of  the  day  of  1877,  and  afterwards  for 

same 008        008 

Paid  for  same 009        009 

3  B  2 


0 

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4 

740  APPENDIX    III. 

Lower  Scale.    Higher  Scale. 
£      s.      (/.  £      s.      (I. 

Attending  appointment  on  adjourned  summons  before 

the  Judge  when  order  made 01 3     4         110 

Drawing   succession   duty  and  making  fair  copy  ami 

attending  to  get  same  signed        .         .  .         .     0     7     G         0     7     G 

Attending  at  Somerset  House,  passing  same  and  paying 

succession  duty  . 0G8         013     4 

Paid  succession  duty 

Close  copy  draft  order,  folios  10      . 

Notice  to  settle  same,  3  copies  and  services    . 

Attending  settling  same  ..... 

Examining  and  correcting  proof    .... 

Paid  for  order         ....... 

Notice  to  pass  same,  3  copies  and  services 
Attending  passing  same  ..... 

Drawing  bill  of  costs  and  copy,  folios  30 
Attending  assessing  same        ..... 

Attending  the   registrar  and  bespeaking  his  directions 

for  sale  of  stock 068         068 

Attending  subsequently  at  the  Paymaster-General's  with 

directions  for  sale  of  stock  .         .         .         .         .         .0G8         0G8 

Attending  and  identifying  applicant  on  his  receiving 

cheque  for  payment  of  his  mortgage  debt  and  interest     0     6     8         0     6     8 

Letters,  &c 0  10     6         110 

Paid  ad  valorem  duty      ....... 


Bill  of  Costs  of  an  Infant  Plaintiff  and  his  Guardian  on  the  a])pHcalion  of  an 
Infant  to  be  articled  to  a  Solicitor. 

Paid  for  certificate  as  to  infant  plaintiff  having  passed 

a  satisfactory  preliminary  examination         .        ".         .10     0         10     0 

Triiiitij  Sittings,  1877. 

Attending  infant's  guardian,  conferring  with  him  as  to 

the  proposition  to  article  his  son  to  Mr.                 ,  ad- 
vising him  thereon 06     8         0134 

Attending  Mr.  on  his  calling  and  conferring 

with  him  as  to  the  terms  he  would  take  the  infant  as 

indoor  articled  clerk 068         068 

Attending  infant's  guardian  afterwards  and  conferring 

with  him  as  to  the  premium  of        guineas  which  Mr. 

required 068         068 

Preparing  summons  to  article  the  infant  with  Mr. 

for  five  years,  and  attending  at  chambers  to  get  same 

sealed  ......... 

Paid  stamj) 

Copy  and  service  of  same  on  the  defendants  the  trustees 

Or  per  folio 0 

Instructions  for  affidavit  of  ... 


0 

6 

8 

1 

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8 

COSTS    OF   AltTlCLIKG    AN    INFANT    I'LAINTIFF 


741 


Dra\vii)^'  same,  folios  4 

Engrossing,'  same     ...... 

Attending  deponent  to  be  sworn  to  same 
Paid  commissioner  taking  deponent's  oath     . 

Paid  filing  allidavit 

Making  copy  of  same  to  be  marked  as  an  office  coj 

Paid  for  office  copy 

Notice  of  filing  same,  copy  and  service  . 
Instructions  for  affidavit  of  infant's  guardian 

Drawing  same,  folios  4 

Engrossing  same     ..... 

Paid  commissioner  taking  dejionent's  oath 
Paid  filing  affidavit         .... 

Making  cojiy  to  be  marked  as  an  office  copy 
Paid  for  office  copy  .... 

Instructions  for  affidavit  of  verifying  respectability 

of  the  solicitor     .         .         .         .     "    . 

Drawing  same,  folios  4  . 

Engrossing  same     ..... 

Attending  deponent  to  be  sworn  to  same 
Paid  commissioner  taking  deponent's  oath 
Paid  filing  affidavit         .... 

Making  copy  to  be  marked  as  an  office  copy 
Paid  for  office  copy         ...... 

Notice  of  filing  these  two  affidavits,  copy  and  servi.,^ 

Attending    appointment    before    the    chief    clerk    on 

summons  to  article  the  infant  plaintiff,  when  same  was 

gone  into  and  adjourned  to  •         ,  to  settle 

articles  of  clerkship     .... 

Instructions  for  further  affidavit  of 

Drawing  same,  folios  6    . 

Engrossing  same     ..... 

Attending  deponent  to  be  sworn  to  same 
Paid  commissioner  taking  deponent's  oath 
Paid  filing  aifidavit  .... 

Making  copy  to  be  marked  as  an  oflice  copy 
Paid  for  office  copy  ...         .     ' 

Notice  of  filing  same,  copy  and  service  . 

Instructions  for  articles  of  clerkship 

Drawing  same,  folios  18 

Making  copy  of  same  for  perusal  by  Mr. 

Writing  him  with  same  ...... 

Making  copy  of  articles  of  clerkship  for  the  cliief  clerk  . 

Attending  adjudged  appointment  before  the  chief  cleik, 

and  proceeding  on  same  when  he  adjourned  it  to  Judge 

Notice   of    appointment    before   the   Judge,  copy   and 

service         ......... 

Attending    appointment    before   the    Judge   when   be 
sanctioned  the  application  .  .... 

Attending  before  the  chief  clerk  when  he  settled  tlic 
articles  of  clerkship     ....... 

Engrossing  articles  of  clerkship  in  duplicate 
Attending  to  stamp  same 


Lower  Scalo. 
JC      s.     (I. 


lliKlier  Scalo. 


0     4     0 
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0     6     8 
() 


0  1 

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0  6  8 

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0  6     8 

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0  6     8 

0  1 

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6 
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0  18  0 
0  6  0 
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0  13     4 

1  4     0 
0  6     8 


742  APPENDIX  in. 


Lower  Scale.    Higher  Scale. 


Paid  stamp  and  parcliment    .        .        .        .  _       . 

Attending  reading  over  articles  of  clerkship  to  the 
infant  plaintiff,  his  guardian,  and  Mr.     _  ,  and 

attesting  their  execution  of  same  in  duplicate      .         .068         0  13     4 

Drawing  and  engrossing  alhdavit  verifying  execution  of 
same,  folios  4 

Preparing  two  exhibits _    . 

Paid  commissioner  taking  deponent's  oath  and  marking 
two  exhibits 

Paid  filing  affidavit 

Making  copy  of  same  to  be  marked  as  an  office  copy 

Paid  for  office  copy 

Attending  before  the  chief  clerk  on  his  making  the  order 

Close  copy  draft  order,  folios  8 

Notice  to  settle  same,  copy  and  service     .... 

Attending  settling  same 

Correcting  proof 

Paid  for  order         ........ 

Notice  to  pass  same,  copy  and  service     .... 

Attending  passing  same  ...... 

Drawing  and  engrossing  affidavit  verifying  execution  of 
articles  of  clerkship  for  the  Queen's  Bench,  folios  4    . 

Paid  commissioner  taking  deponent's  oath 

Attending  to  register  same  in  the  Queen's  Bench  and 
afterwards  for  same  registered 

Paid  registering  same      ....... 

Attending  at  the  Law  Institution  with  same  to  be  regis- 
tered and  afterwards  for  same      .     •    . 

Paid  registering  same 

Drawing  bill  of  costs  and  copy,  folios  16         .         .         . 

Attending  assessing  same  at  chambers    .... 

Paid  for  copy  costs  of  the  defendants  the  trustees,  folios  5 

Attending  assessing  same 

Attending  the  registrar  for  directions  to  the  Paymaster- 
General  to  sell  so  much  of  £  stock  as  would  raise 
the  sum  of  £        ,  and  the  costs  of  the  application 

Attending  the  Paymaster-General  with  same 

Attending  and  identifying  Mr.  on  his  receiving 

cheque  for  £  ....... 

Term  fee         ......... 

Letters,  &c 

Paid  ad  valorem  dutv 


Bill  of  Costs  of  riaintiff  on  the  Defendants  giving  notice  to  vnthdraiv  their 
disclaimer  as  to  Materials  and  for  leave  to  use  Plant. 

1878. 
Paid  for  copy  affidavit,  folios  20      . 
Perusing  same         .         .         .         .         . 

Paid  for  copy  affidavit  of  and  answer,  folios  2.5 

Perusing  same         ....... 

Paid  for  copy  affidavit  of  folios!) 


0 

5 

4 

0 

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13 

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12 

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6 

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0 

6 

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15 

0 

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6 

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.     0 

9 

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0 

9 

8 

.     0 

9 

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.     0 

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0 

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.     0 

8 

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0 

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4 

.     0 

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0 

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0 

Lower  He 
&     s. 
0     3 

olo. 

(1. 
0 

Higher  Scalp. 
4i     s.     <^ 

0     3     0 

2  8 
0     6 

3  5 
0     6 
2     4 

0 
8 
6 
8 
6 

2 
0 
3 
0 
2 

8     0 
6     8 

5  6 

6  8 
4     6 

0     G     8         0  13     4 
0     2     4         0     2     4 


COSTS   OF   PLAINTJIT   ON   NOTICE    OF   DISCLAIMKU.  743 


Perusing  same 

JMaking  two  brief  copies  of  notice,  folios  4,  affidavit  of      , 
folios  29,  affi(la\at  of  ,  folios  25,  affidavit  of        , 

folios  9,  and  order  on  motion  for  injunction,  folios  5,  for 

counsel,  together  72  folios 

Attending  ]\Ir.  with  same        .... 

Paid  fee  to  him  and  clerk 

Attending  Mr.  with  same        .... 

Paid  fee  to  him  and  clei'k 

Attending  counsel  when  defendant's  motion  was  ordered 
to   stand   over    for  affidavits   in  answer  until   next 
motion  day  ••...... 

Making  brief  copy  writ  of  summons  for  senior  counsel, 
folios  7         ........         _ 

Drawing  affidavit  of  clerk  to  i)laintifl"s  solicitorj 

folios  7 

Engrossing  same 

Attending  dej)onent  to  be  sworn  to  same 
Paid  commissioner  taking  deponent's  oath 

Paid  filing  affidavit 

Making  copy  of  same  to  be  marked  as  an  office  copy 
Paid  for  office  copy         ...... 

Instructions  for  affidavit  of 

Drawing  same,  folios  13 

Engrossing  same     ....... 

Preparing  exhibit 

Attending  deponent  to  be  sworn  to  same 
Paid  commissioner  taking  deponent's  oath  and  markinj 
exhibit        ........        '^ 

Marking  copy  affidavit  to  be  marked  as  an  office  copy 
Paid  for  office  copy  ....... 

Paid  witness  for  making  affidavit  and  his  expenses 

Instructions  for  affidavit  of  

Drawing  same,  folios  21 

Engrossing  same     ........ 

Preparing  four  exhibits 

Attending  deponent  to  be  sworn  to  same 
Paid  commissioner  taking  deponent's  oath  and  marking 
exhibits       ........        ° 

Paid  filing  affidavit 

Making  copy  to  be  marked  as  an  office  copy  . 

Paid  for  ofhce  copy 

Instructions  for  affidavit  of  plaintiff       .         .         .         . 

Dra-wing  same,  folios  23 

Engrossing  same 

Attending  deponent  to  be  sworn  to  same 
Paid  commissioner  taking  deponent's  oath 

Paid  filing  affidavit 

Making  copy  of  same  to  be  marked  as  an  office  copv 

Paid  for  office  copy "        ^ 

Drawing  affidavit  of  ,  folios  3         .         .         .         ] 

Engrossing  same 

Attending  deponent  to  be  sworn  to  same 


0 

7 

0 

0 

7     0 

0 

2 

4 

0 

2     4 

0 

6 

8 

0 

G     8 

0 

1 

6 

0 

1     6 

0 

2 

0 

0 

2     0 

0 

2 

4 

0 

2     4 

0 

1 

2 

0 

1     2 

0 

6 

8 

0 

6     8 

0 

13 

0 

0 

13     0 

0 

4 

4 

0 

4     4 

0 

1 

0 

0 

I     0 

0 

6 

8 

0 

6     8 

0 

2 

6 

0 

2     6 

0 

4 

4 

0 

4     4 

0 

2 

2 

0 

2     2 

0 

6 

8 

0 

G     8 

1 

1 

0 

1 

1     0 

0 

7 

0 

0 

7     0 

0 

4 

0 

0 

4     0 

0 

6 

8 

0 

G     8 

0 

5 

6 

0 

5     6 

0 

2 

0 

0 

2     0 

0 

7 

0 

0 

7     0 

0 

3 

6 

0 

3     6 

0 

6 

8 

0 

6     8 

1 

3 

0 

1 

3     0 

0 

7 

8 

0 

7     8 

0 

6 

8 

0 

G     8 

0 

1 

G 

0 

1     6 

0 

2 

0 

0 

2     0 

0 

7 

8 

0 

7     8 

0 

3  10 

0 

3  10 

0 

3 

0 

0 

3     0 

0 

1 

0 

0 

I     0 

0 

6 

8 

0 

G     8 

'44 


APPENDIX  nr. 


Paid  coimiiii^sioner  taking  deponent's  oath 

Making  copy  affidavit  to  be  marked  as  an  office  copy 

Paid  for  office  copy        ....... 

Notice  of  filing  these  affidavits,  copy  and  service   . 

Drawing  notice  for  defendants  to  produce  documents  on 
the  hearing  of  action,  folios  3       ....         . 

Copy  and  service  of  same  on  defendants'  solicitors 

Drawing  further  brief  for  counsel,  folios  11     . 

Making  two  copies  of  same,  folios  11,  affidavit  of  plaintiff, 
folios  23,  affidavit  of  ,  folios  21,  affidavit  of  , 

folios  13,  affidavit  of  ,  folios  7,  affidavit  of  , 

folios  3,  and  notice  to  produce  documents,  folios  3,  for 
counsel,  together  81  folios  .... 

Attending  Mr.  with  same  . 

Paid  fee  to  him  and  clerk       .... 

Attending  Mr.  with  same 

Paid  fee  to  him  and  clerk       .... 

Attending  Mr  appointing  consultation 

Paid  fee  to  him  and  clerk         .... 

Attending  ]\Ir.  aj)pointing  consultation 

Paid  fee  to  him  and  clerk      .... 

Attending  consultation  .... 

Attending  Court,  motion  made  and  arranged  to  stand 
over  until  next  Friday  for  evidence  in  reply 

Paid  for  copy  affidaWt  of  ,  folios  lU. 

Perusing  same 

Paid  for  copy  affidavit  of  ,  folios  19   . 

Perusing  same         ...... 

Drawing  further  brief  for  counsel,  folios  8 

Making  two  brief  copies  of  same,  folios  8,  affidavit  of 
folios  10,  and  affidavit  of  ,  folios  19,  for  counsel 

together  37  folios  each         .... 

Attending  Mr.  with  same  . 

Paid  fee  to  him  and  clerk       .... 

Attending  Mr.  Avitli  same 

Paid  fee  to  him  and  clerk       .... 

Attending  counsel,  motion  not  made  and  saved  until 
next  "Wednesday  . 

Attending  counsel,  motion  made  and  order  made  for  de- 
fendants to  withdraw  their  disclaimer  as  to  materials 
and  to  use  materials  on  payment  into  court  £  and 
to  pay  costs  of  motion,  they  disclaiming  any  interest 
in  the  plant  which  plaintiti"  could  take  possession 

Or  according  to  circumstances         .         .         .         .         . 


ower  Scale. 
£     s.     d. 
0     1     6 
0     1     0 
0     0     6 
0     4     0 

Higher  Scale. 
£  s.  d. 
0  16 
0  1  0 
0  0  6 
0     4     0 

0     3 
0     3 
0  11 

0 
6 
0 

0  3  0 
0  3  6 
0  11     0 

2 

14 

0 

2 

14 

0 

0 

13 

4 

0 

13 

4 

5 

10 

0 

5 

10 

0 

0 

6 

8 

0 

6 

8 

3 

5 

6 

3 

5 

6 

0 

6 

8 

0 

6 

8 

2 

9 

6 

2 

9 

6 

0 

3 

4 

0 

6 

8 

1 

3 

6 

1 

3 

6 

0 

13 

4 

0 

13 

4 

0 

6 

8 

0 

13 

4 

0 

3 

4 

0 

3 

4 

0 

3 

4 

0 

3 

4 

0 

6 

4 

0 

6 

4 

0 

6 

4 

0 

6 

4 

0 

8 

0 

0 

8 

0 

1 

4 

8 

1 

4 

8 

0 

6 

8 

0 

6 

8 

2 

4 

6 

2 

4 

6 

0 

3 

4 

0 

6 

8 

1 

3 

6 

1 

3 

6 

0     6     8 


0  13     4 

1  1     0 


0  13     4 


0  13     4 
2     2     0 


Eastrr  Sitting/^,  1878. 

Close  copy  draft  order,  folifis  8        .         .         . 
Notice  to  settle  same,  copy  and  service  . 
Attending  settling  same  .... 

Or  at  Taxing-Master's  discretion  not  to  exceed 


0 

2 

8 

0     2 

8 

0 

4 

0 

0     4 

0 

0 

6 

8 

0  13 

4 

1 

1 

0 

3     3 

0 

COSTS   OF   PLAINTIFF    ON   NOTICE   OF   DISCLAIMER.  745 


Notice  to  jiass  same,  coj5y  and  service     . 

Attending  passing  same 

Drawing  bill  of  costs  and  copy,  folios  20 

Warrant  on  leaving  same,  copy  and  service 

Warrant  to  tax  same,  copy  and  service  . 

Attending  taxing  same  .... 

Paid  for  certificate  and  transcribing        .... 

Attending  to  file  same  and  afterwards  for  office  copy 

Paid  for  office  copy 

Letters,  messengers 

Paid  ad  valorem  duty 

iMemorandum  sittings  fees  are  not  allowed  in  "inter- 
locutory applications  when  proceedings  in  the 
action  were  still  going  on  during  the  sittings  in 
which  application  was  made. 


Lower  Scale. 

Higher  Scale. 

&     s. 

rf. 

£     s. 

d. 

0     4 

0 

0      4 

0 

0     6 

8 

0   13 

4 

0  13 

4 

0  13 

4 

0     4 

6 

0     5 

6 

0     4 

6 

0     5 

6 

0     6 

8 

0     6 

8 

0     2 

0 

1     2 

0 

0     6 

8 

0     6 

8 

0     3 

0 

0     3 

0 

0  10 

6 

1      1 

0 

18/ 


Costa  of  appearing  on  application  in  Chambers  for  Stop  Order. 


Paid  for  copy  affidavit  filed  in  support  application  of 

stop  order  on  plaintiff's  share  of  fund  in  court,  at  per 

folio 

Perusing  same,  at  per  folio      . 
If  agency  close  copy 

If  notice  to  produce  served  charge- 
Perusing  same        .... 
Attending  summons  when  order  made 
Close  copy  order,  frdios  ,  at  per  folio 

Attending  to  settle  same 
Attending  to  pass  same 
Letters,  postages,  &c. 

If  application  refused  with  costs- 
Drawing  bill  of  costs  and  copy,  at  per  folio     . 
Attending  at  chambers  when\same  assessed,  folio 
Paid  ad  valorem  duty 


.     0 

0 

4 

0    0 

4 

.     0 

0 

4 

0     0 

4 

.     0 

0 

4 

0     0 

4 

.     0 

6 

8 

0  13 

4 

'.     0 

0 

4 

0     0 

4 

.     0 

6 

8 

0  13 

4 

.     0 

6 

8 

0  13 

4 

.     0 

5 

0 

0  10 

0 

0    0     8        0     0     8 


Bill  of  Cods  of  an  Infant,  on  his  coming  of  age,  for  payment  of  his  share  ovt  of 
Court  uhich  had  been  carried  over  to  his  separate  account. 


la 


Trust 


Ee  A.  B. 


Attendmg  A.  B.  on  his  informing  us  that  he  was  of  age, 
and  mstructing  us  to  ajiply  for  the  payment  out  of  his 
share  of  the  fund  in  Court  to  him       .         .         .         .068 

Drawing  request  for  the  Paymaster-General  to  issue  his 
voluntary  certificate  of  fund  in  Court 

Attending  Paymaster-General  with  same,  and  after- 
wards for  same  ...... 

Attending  at  Somerset  House  searching  for  certificate  of 
birth  A.  B.,  and  l)espeaking  copy  of  same  .         .         .0 

Paid  for  search  and  copy  certificate        .         .         ."         .     o 


0     6     8 


0     2     6         0     2     6 
0     6     8         0     6     8 


Lower  Scale. 
£     s.     (1. 
0     5     0 

Higliev  Sei 
£     s. 

ale. 

0     3 

0     2 
0     2 

0 
0 
0 

0 
0 
0 

13 
3 

2 

4 
0 
0 

0     6 
0     1 
0     0 
0     1 

8 
0 
4 
0 

0 
0 
0 
0 

6 
1 
0 
1 

8 
0 
4 
0 

740  APPENDIX   III. 


Preparing  certificate  of  lower  scale         .... 
Preparing  summons  for  the  sale  of  £  bank  per 

cent,   annuities,  entitled  "  The  separate  account  of 
,"  and  for  payment  of  dividends  to  applicant  and 

attending  at  Chambers  to  get  same  sealed 
Paid  stamping  same      ....... 

Making  copy  of  same  to  leave  at  Chambers  . 
Instructions  for  affidavit  of  verifying  certificate  of 

bu-tli  of  the  applicant 

Drawing  same,  folios        ,  at  per  folio    .... 

Engrossing  same,  at  per  folio 

Preparing  exliibit  . 

Attending  deponent  before  a  commissioner  to  be  sworn 

to  same .068         068 

Paid  conmiissioner  taking  deponent's  oath  and  marking 

exhibit ...026        026 

Making  copy  affidavit  to  be  marked  as  an  office  copy,  at 

per  folio •         • 

Paid  filing  affidavit 

Paid  for  office  copy,  at  per  folio 

Attending  summons  when  order  made  .... 

Close  copy  draft  order,  folios  5 

Attending  settling  order 

Correcting  proof    ........ 

Paid  for  order 

Attending  passing  same  .         .         .         .         .         • 

Attending  the  registrar  and   bespeaking  direction  for 

sale  of  stock 

Attending  the  Paymaster-General  with  same 

"Drawing  bill  of  costs  and  copy,  folios         ,  at  per  folio  . 

Attending  assessing  same  at  Chambers   .... 

Paid  ad  valorem  duty 

Attending  and  identifying  at   the    Paymaster- 

General's  office  on  his  receiving  his  cheque 
Term  fee         ........         • 

If  agency 


0 

0 

4 

0 

0 

4 

0 

2 

0 

0 

2 

0 

0 

0 

2 

0 

0 

2 

0 

6 

8 

0 

13 

4 

0 

1 

8 

0 

1 

8 

0 

6 

8 

0 

13 

4 

0 

6 

8 

0 

6 

8 

0 

3 

0 

0 

5 

0 

0 

6 

8 

0 

13 

4 

0 

6 

8 

0 

6 

8 

0 

6 

8 

0 

6 

8 

0 

0 

8 

0 

0 

8 

0 

6 

8 

0 

6 

8 

0 

15 

0 

0 

15 

0 

0 

6 

0 

0 

6 

0 

plaintiff's  costs  on  defendant's  counterclaim.       7i7 


COSTS  OF  PLAINTIFF  ON  DISALLOWING  DEFENDANT'S 
COUNTERCLAIM. 


Between  A.  B. 

AND 

and 

otJicrs. 

,  Plcdntiff?, 

CD. 

(B]i  Orirjinal  Action.) 

AND 

Defendant. 

C.  D 

AND 

Plaintiff, 

A.  B. 

and  others. 

,  Defendant. 

Bill  of  Costs  of  the  Plaintiffs,  in  the  first  above-mentioned  Action,  to  he  taxed  in 
pursuance  of  Order  dated  the  day  of  1880,  which  ordered  the  counter- 

claim to  be  disalloiced. 


Sittings,  1880. 

Lower  Scale.  Higher  Scale. 

£     s.     il.  £     s.     cl. 
1880.    May. 

On  being  served  Avith  counterclaim  perusing  same        .068  0  13     4 

Paid  for  9  copies  of  same,  folios  8  each  (printed)  .         .034  034 

If  agency,  close  copy,  at  per  folio 0    0     2  0    0     3 

June. 
Drawing  notice   of   motion   to   exclude   counterclaim, 

folios  3 0     3     0  0     3     0 

Copy  and  serAdce  of  same 036  036 

Drawing  brief  for  counsel,  folios  12        .         .         .         .     0  12     0  0  12     0 
Making  two  copies  of  same  and  notice  of  motion  for 

counsel,  folios  15,  each 0  10     0  0  10     0 

Two  copies  of  counterclaim  for  counsel,  folios  8  each,  at 

per  folio 002  003 

Making  2  copies  of  WTit  of  summons  for  counsel,  folio 

4  each 02     8  028 

Attending  Mr.          with  brief 01 3     4  0134 

Paid  fee  to  him  and  clerk 5  10    0  5  10     0 

Attending  Mr.          with  brief 0     6     8  0     6     8 

Paid  fee  to  him  and  clerk 356  356 

Attending  Mr.           appointing  consultation  .         .         .068  068 

Paid  fee  to  hun  and  clerk 296  296 

Attending  Mr.          appointing  consultation   .         .         .034  068 

Paid  fee  to  hun  and  clerk 136  136 

Attending  consultation 0  13     4  0  13     4 

Attending  Court  on  every  special  motion  each  day        .068  0  13     4 
Attending  Court  on  motion  when  order  made  to  strike 

out  counter-claim,   and   for   the    payment  of    costs 

thereof  and  of  the  motion 0     6     8  0  13     4 

Or  according  to  circumstances 110  2     2     0 

Attending  the  registrar  with  brief,  and  bespeaking  draft 

order 068  068 

Close  copy  draft  order,  folios  3 010  010 

Notice  to  settle  same,  copy  and  service           .         .         .040  040 


748 


Ari'ENDix  iir. 


July. 
Attending  before  the  registrar  settling  draft  order 
Notice  to  pass  same,  copy  and  service    .         .         .         . 

Paid  for  order 

Attending  passing  same  ...... 

Attending  with  order  to  get  master  in  rotation  marked, 

and  afterwards  for  same       ...  .         . 

Making  copy  order  for  the  Taxing-Master  (folios 

printed,  at  per  folio)  ...... 

If  written,  at  per  folio    . 

Drawing  bill  of  costs  and  copy,  folios  ,  at  ]icr  folio 

Warrant  on  leaving  same,  copy  and  service    . 

Warrant  to  take  same,  copy  and  service 

Attending  taxing  same  (for  every  25  folios  or  fractional 

part)  each 

Certificate  and  transcribing    ..... 

Attending  to  file  same  and  bespeaking  oihce  copy 
Paid  for  office  copy         ...... 

Letters,  messengers,  &c.  ..... 

Paid  ad  valorem,  duty      ...... 

(In  this  action  proceedings  were  going  on  at  the 
same  time  as  this  motion  was  made,  and  therefore 
a  sittings  fee  couhl  not  be  charged) 

If  not  sittings  fee 

If  agency 


Lower  Scale, 
i^     s.      d. 

Higher  Scale. 
&     s.      d. 

0      6 
0     4 
0     3 
0     6 

8 
0 
0 

8 

0  13  4 
0  4  0 
0  5  0 
0  13     4 

0     6     8 


0  1.")     0 

1  1     0 


0     6     8 


.     0 

0 

2 

0 

0 

3 

.     0 

0 

4 

0 

0 

4 

0     0 

0 

8 

0 

0 

8 

.     0 

4 

6 

0 

5 

6 

.     0 
1 

4 

6 

0 

5 

6 

ll 
.     0 

6 

8 

0 

6 

8 

.     0 

2 

0 

1 

2 

0 

.     0 

6 

8 

0 

6 

8 

.     0 

3 

0 

0 

3 

0 

.     0 

10 

0 

0 

10 

0 

0  15     0 

1  1     0 


COSTS  OF  PLAINTIFF  OX  DEFENDANTS  APPLICATION  FOR 
THE  TAXING-MASTER  TO  REVIEW  THE  TAXATION  OF 
DEFENDANT'S  COSTS. 

mil  of  Costs  of  Plaintiff,  on  the  Application  of  a  Defendant,  for  the  Taxing- 
Mastcr  to  be  Ordered  to  Review  his  Taxation  of  the  Defendant's  Costs,  Taxed 
in  pursuance  of  Order  dated  tlie        day  of        1878. 


May. 


Easter  Term,  1878. 


Attending  before  the  Taxing-Blaster  on  the  objections 
lodged  liy  the  defendant  to  the  taxation  of  his  costs, 
when  the  defendant's  solicitors  piodiiced  the  office 
copy  of  an  affidavit  of  the  defendant,  and  another 
which  we  objected  to  l)eing  read,  as  it  was  not  neces- 
sary to  make  one  until  the  Taxing-Master  required  it. 
The  Taxing-Master,  however,  after  reading  it,  said 
he  shoidd  disallow  all  the  ol>jections,  and  would  state 
in  his  certificate  his  ground  for  doing  so     . 

8.  Paid  for  copy  affidavit  of  ,  folios         ,  at  per 

folio   .......... 

Perusing  same,  at  pr-r  folio     ...... 


0     6     8 


0     6     8 


0 

0 

4 

0 

0 

4 

0 

0 

4 

0 

0 

4 

COSTS    OF    rL.VINl'IFF    TO    ItKVIEW    TAXATION    OF    COSTS.        741) 

Lower  Scale.    Higher  Scale. 

£      S.       il.  it       s.       </. 

Paid  for  copy  answers  of  tlie  Master  to  the  defendaut't* 

objections,  at  per  folio 004         004 

18.  Attending  before  the  Taxing- Master  and  .settling 
his  answers  to  the  defendant's  objections  to  his  taxa- 
tion   068         0G8 

Sittings  fee  (agency) 110         110 

Trinity  Sittings,  1878. 

June. 
Attending    appointment    before    the    chief    clerk    on 

defendant's  summons  for  an  order  for  the  Master  to 

review  his  certiticate,  when  same  adjourned  to  the 

Judge .     0     G     8        0  13     4 

24.  Attending  defendant's  adjourned  summons  i.n-  the 

Master  to  review  his  taxation,  when  the  Vice  Chan- 
cellor adjourned  the  same  into  Court  .         .         .     0     (5     8         0  13     4 
29.  Drawing  brief  for  counsel,  folios         ,  at  per  folio     .010         010 
Making  fair  copy  of  same,  folios             ,  copy  summons, 

folio's  ,  copy  orders,  of  ,  1877,  folios  , 

copy   of  defendant's   objections,   folio  ,    copy 

attidavit  of  defendant  and  answer,  folios  ,  copy 

of  Taxing-Master's  certificate,  IVdios  ,  and  copy  of 

defendant's  bill  of  costs  as  taxed,  folios  ,  together 

folios  ,  for  counsel,  at  per  folio  .         .         .         .004        004 


Jull/. 

Attending  Mr.  with  same 

Paid  fee  to  him  and  clerk       ...... 

Attending  Mr.  appointing  conference     . 

Paid  fee  to  him  and  clerk 

5.  Attending  conference         .         .         .         •         •         • 
6   and    13.    Attending  Court,   adjourned   summons   in 

paper,  but  not  reached 

Sittings  fee  (agency) 

Michaelmas  Term,  1878. 

November. 
Attending  Court  when  adjourned  summons  heard  and 

dismissed  with  costs    .         .         .         ... 

11.  Attending  at  the  order  of  cjurse  seat  with  brief  and 

papers,  and  bespeaking  draft  order     . 
Close  copy  draft  order,  folios  5       .  _. 
Notice  to  settle  same,  copy  and  service  . 
Attending  settling  same         .... 

Paid  for  order         ...... 

Notice  to  pass  same,  copy  and  service     . 
Attending  passing  same  .... 

Drawing  bill  of  costs  and  copy,  folios  15 
Warrant  on  leaving  same,  copy  and  service    . 
Warrant  to  tax  same,  copy  and  service  . 


0     G 

8 

0 

G 

8 

3     o 

G 

3 

5 

G 

0     3 

4 

0 

6 

8 

1     6 

0 

1 

G 

0 

0  13 

4 

0 

13 

4 

0  13 

4 

1 

0 

0 

1     1 

0 

1 

1 

0 

0  13  4  110 

0     G  8  0  G     8 

0     18  0  18 

0     4  0  0  4     0 

0     6  8  0  13     4 

0     3  0  0  5     0 

0     4  0  0  4     0 

0     6  8  0  13     4 

0  10  0  0  10     0 

0     4  6  0  5     6 

0     4  6  0  5     0 


750 


APPENDIX    III. 


Attending  taxing  same 

Transcribing  certificate 

Attending  to  file  same  and  bespeak  oflice  copy 
Paid  for  office  copy         ..... 
Sittings  fee  (agency)      ..... 
Paid  ad  valorem  duty     ..... 


Lower  Scale. 

Higher  Scale. 

£     s. 

d. 

£     s.      d. 

.     0     6 

8 

0      6      8 

.     0     2 

0 

1     2     0 

.     0     6 

8 

0     6     8 

.     0     3 

0 

0     3     0 

.     1     1 

0 

1     1     0 

ly  THE  High  Court  of  Justice. 


CHANCERY  DIVISION. 

Costs  of  a  Defendant  in  an  Action  of  and  Incidental  to  his  ohtaining  an  order 
for  taking  off  of  the  file  of  the  Court  Affidavits  filed  on  behalf  of  the  Plaintiff 
in  consequence  of  same  being  scandalous  and  impertinent,  and  taxed  as  between 
Solicitor  and  Client. 


Michaelmas  Sittings,  1879. 
1879,  Novem,ber  5. 

Paid  for  copy  affidavit,  folios         ,  at  per  folio 

Perusing  same         ........ 

If  agency,  close  copy      ....... 

Attending  shorthand  writer,  bespeaking  transcript  of  his 
notes  taken  in  the  hearing  of  the  plaintifl's  for  an  in- 
junction, and  subsequently  for  and  obtaining  same    . 

Paid  shorthand  writer's  charges  for  same,  at  per  folio     . 

Drawing  notice  of  motion  for  the  plaintift'  to  show  cause 
Avhy  his  affidavit  should  not  be  taken  off  of  the  file  of 
the  Court,  or  that  certain  paragraphs  in  same,  No.  , 
should  not  be  struck  out,  folios  G        .         .         .         . 

Attending  counsel  with  same  to  settle   .... 

Paid  fee  to  him  and  clerk       ...... 

Making  copy  of  notice  for  service  .... 

Service  thereof       ........ 

Instructions  for  affidavit  of  shorthand  writer  verifying 
transcript  of  his  iiutos         ...... 

Drawing  same,  folios         ,  at  per  folio   .         .         .         . 

Engrossing  same,  at  per  folio  .         .         . 

Preparing  exhibit  ........ 

Attending  deponent  to  be  sworn  to  same 

Paid  commissioner  taking  deponent's  oath  and  marking 
exhibit 

Making  copy  affidaA  it  to  be  marked  as  an  office  copy,  at 
per  folio 

Paid  filing  aftidavit 

Paid  for  office  copy,  at  per  folio     ..... 

Notice  of  filing  same,  copy  and  service  .... 

Paid  for  copy  of  further  affidavit  filed  by  plaintifi",  folios 
,  at  per  folio 


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0     0     4 


COSTS  OF  DEFENDANT  FOR  SCANDALOUS  MATTEi;.      7,j1 


Perusing,  at  per  lV>Ii( 

If  agency,  close  copy,  at  per  folio .         .         .         . 
Instructions   for  affidavit   of  defendant  in  sup])ort  of 

notice  of  motion 

Drawing  same,  folios         ,  at  per  f(jlio   ." 

Engrossing  same,  at  per  folio  .         .         .         .         ! 

Attending  deponent  to  be  sworn  to  same 

Paid  commissioner  taking  deponent's  oath     . 

Making  copy  affidavit  to  be  marked  as  an  office  "copv, 

folios        ,  at  per  folio         .         .         .         .  ^ 

Paid  filing  affidavit         .         .         . 
Paid  for  office  copy,  folios         ,  at  per  folio     *. 
Notice  of  filing  same,  copy  and  service 
Drawing  brief  for  counsel' to  appear  in  support  of  notice 

of  motion,  folios  (50 

Making  two  copies  of  same  for  counsel  . 
The  like  of  notice  of  motion  ..,.'* 

The  like   of  tlie  affidavit  filed   on  beiuilf  of  plaintilt", 
^  iohps        ,  at  per  folio  each 
The  like  affidavit  of  defendant  in  support  of  notice  of 

motion,  folios         ,  at  per  folio  each    .         .  0     0     4         0     0     4 

The  like  affidavit  of  shorthand  writer,  folios  ,  at  per 

fulio  

The  like  of  shorthand  writer's  notes  on  the  hearing  of 

the  plaintifis'  motion  on  the  ultimo  for  counsel, 

folios        ,  at  per  folio  each        .... 


Low 

er  Scale. 

Higlier  Scale. 

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Dcceniht 


9.  Making  copy  notice  of  motion  for  the  Court     .  0     •>     0        0     -^     0 

Attending  lodging  same  ....  0     6     8         0     r     ft 

Attending  Mr.  Q.C.,  with  brief  and  papers         .068         0134 

Paul  fee  to  him  and  clerk      .         .  5  10     0         5  10     n 

Attending  Mr.  ^vith  Ijrief  and  papers  .         '.         '     0     G     8         0  \;     s 

Paid  fee  to  him  and  clerk       .  3     5     6         3     -     r 

Attending  Mr.  ,  Q.C.,  appointing  consultation      .'068         068 

Paid  tee  to  him  and  clerk       ...  2     9     6         ^     q     r 

Attending  Mr.  appointing  consultation         .'         *     0     3     4         0     6     8 

Paid  fee  to  him  and  clerk       ....  1     3     6         1     "J     r 

Attending  consultation  .         .         .         ,'         *         '         '     0  13     4         0  13     4 
Attending  shorthand  writer  instructing   lain    to"  take 

notes  ...  rv     /^.     .,         ^ 

06     s        068 

12.  Attending  Court  when  motion  heard  and  order  made 

for,  not  only  the  affidavits  which  were  mentioned  in 

the  notice,  but  further  affidavits  which  had  been  filed 

since  the  service  of  notice  of  motion,  and  wjiich  were 

scandalous  and  impertinent  were  directed  to  be  taken 

oft  of  the  file  of  Court,  and  the  plaiutifl:'  was  ordered  to 

pay  the  defendant's  costs,  and  Avhich  were  to  be  taxed 

as  between  solicitor  and  client    ...  1     1     0         '^     '^     O 

Attending  the  defendant,  informing  him  the  result  of  -     -     U 

the  application  in  Court  this  day'       .  0     n     q         n     r     o 

Paid  shorthand  writer  fur  taking  notes  .         .'         .'         .     i     i     o         110 


i:yL 


APrENDix  II  r. 


Attending  tlie  regi:itrar  witli  brief  and  papers,  aud  be- 
speaking draft  order   .... 

Close  copy  draft  order,  folios  7 

Notice  to  settle  same,  copy  and  service  . 

26.  Attending  settling  same  . 

AVriting  to  plaintiff's  solicitors  in  pursuance  of  tlie 
order,  and  requesting  them  to  take  the  affidavits  off 
the  file,  and  requesting  an  appointment  to  receive  all 
copies  of  the  affidavits  in  their  possession 

Notice  to  pass  order,  copy  and  service    .... 

Paid  for  order         ........ 

Attending  passing  same 


I-c)\vfi  S<;ile.     Higher  Scale 
i.       il.  £      i.       d 


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4 

1880,  February. 
Attending  plaintiff's  solicitors,  by  appointment,  at  their 

office  ,  when  the  affidavits  were  destroyed     . 

Making  copy  order  for  the  Ta.xing-Master,  folios  7 

If  action  not  alreadj^  referred  charge  as  follows  : — 
Attending  to  get  Master  in  rotation  marked  . 
Drawing  bill  of  costs  and  copy,  folios        ,  at  per  folio  . 
Warrant  on  leaving,  copy  and  service    . 
Warrant  to  tax,  copy  and  service  . 
Attending  taxing  same  (for  every  25  folios  or  fractional 

part)  at 

Certificate  and  transcribing    . 
Attending  to  file  same  and  bespeaking  office  copy 
Paid  for  office  copy        .... 
Sittings  fee     ...... 

If  agency,  letters,  &c 

Memorandum. — Sittings  fee  is  not  allowed  if  other 
proceedings  are  going  on  in  the  same  sittings  in 
interlocutory  applications. 
Letters,  &c .     0 


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1     1     0 


COSTS   OF   PETITIONER   FOR   PAYMENT   OF   HIS   SHARE.  751 


COSTS  OF  PETITIONER  FOR  PAYMENT  OUT  OF  HIS  SHARE 
OF  THE  FUND  IN  COURT  AFTER  THE  DEATH  OF  THE 
TENANT   FOR  LIFE-COSTS  OF  TRUSTEE  ON   THE 

FUNDS    BEING    TRANSFERRED,   AND    COSTS    OF    THE   RE- 
SPONDENTS. 

In  the  matter  of  an  Act  of  Parliament  made  and  passed  in  the  Sessions  holden  in 
the  lOth  and  Uth  years  of  the  Beign  of  Her  present  Majesty,  intituled  ''An 
Act  for  the  better  securing  Trust  Funds  and  for  the  Eelief  of  Trustees," 

and 

In  the  matter  of  the  Trusts  of  a  Settlement  dated  the  day  of  184 

and  made  between  A.  B.  of  in  the  County  of  of  the  first  part 

C.  D.  of  the  second  part,  andE.  F.  and  G.  H.  of  the  third  ptart.  •        ' 

The  Bill  of  Costs  of  ,  the  Petitioner,  one  of  the  Children,  on  the  death  of 

the  Tenant  for  life,  taxed  as  between  Solicitor  and  Client,  2mrsuant  to  the  order 
made  on  the         day  of  ,  1879.     {In  this  application  the  same  solicitors 

u-ere  engaged  for  the  surviving  Trustee  of  the  fund  transferred  into  Court.) 

Hilary  Sittinqs,  1879. 
1879.    March. 

Lower  Scale.    Higher  Scale. 

In  consequence  of  the  death  of  the  tenant  for  life, 
attending  petitioner,  her  son  by  her  former  husband, 
conferring  with  him  thereon,  and  taking  his  direc- 
tions to  prepare  a  petition  for  payment  out  of  the 

fund  in  Court  to  him  and  his  sister   .         .         .         .068         110 
Drawing  same,  folios  30,  at  per  folio  Is.  .         .         .1100         1100 

Attending  Mr.  with  same,  to  settle  .         .         .     0     G     8         0     G     8 

Paid  fee  to  him  and  clerk 24G         246 

Writing  to  petitioner  with  reference  to  our  interview 
with  him  to-day  and  as  to  the  further  information  we 

required .         .036         036 

Attending  at  the  Paymaster-General's  office  bespeaking 
A-oluntary  certificate  of  fund  in  Court,  and  afterwards 

for  same 068         068 

10._  Engrossing  petition,  folios  30,  at  per  folio  4d.  .     0  10     0         0  10     0 

Paid  stamping  same       .         .         .         .         .         .         .050         100 

Making  copy  petition  for  the  Judge       .         .         .         .     0  10     0         0  10     0 

Attending  to  present  same,  and  afterwards  for  fiat         .068         068 
Writing  to  petitioner  in  reply  to  his  letter,  and  inform- 
ing him  that  Ave  had  presented  the  petition        .         .     0     3     G         0     3     6 
Writing  to  Mr.  ,  one  of  the  trustees  of  the 

marriage  settlement  of  the  petitioner's  sister,  and  in- 
forming him  of  the  application  to  the  Court,  and  re- 
questing to  know  if  he  wished  us  to  act  for  him  .036  036 
11.  Attending  the  petitioner  on  his  calling  and  giving 
us  further  information  as  to  the  various  certificates  of 
marriages,  baptisms,  &c.,  and  re(|uesting  him  to  see 
Mr.  ,  the  late  husband  of  his  mother,  as  to 

3  0 


754  APPENDIX    III. 

Lower  Scale.    Higlier  Scale. 
£,     s.     d.         &     s-     «• 

Lis  taking  cut  letters  of  adniiuistration  to  his  late     ^     ^^     ^        ^    ^     ^ 

Mrk\ug  copy  petition  fni- service  outliesuiTiving  trustee  0  10     0 

of  the  numW  settlement  ol  petitioner  sBiotlier       .     0  10     0 
Wiitingto  the  surviving  trustee  Avith  same,  and  reciuest-  ^     ^ 

incT  him  to  acknowledge  the  receipt  same   .         -.■     ^     ^ 
Attending  at  Somerset  House  searching  lor  two  certiti- 

cates  of  births,  two  cei-tificates  of  marriage  and  two 

certificates  of  deaths,   and  could  only  hnd  four  rt-     ^     ^     ^         16     8 

gistered       .         •         •         *       -i-'    .     *         '         '         *     0  14     4         0  14     4 
Paid  searching,  and  for  four  certificates  .         •         •       .     .,     0         0     2     0 

Paid  searching  for  two  other  certificates  .         •        ,•     ^     -^ 

Writing  to  the  petitioner  informing  him  tfiat  iussistei  .•, 

hirth  was  not  registered,  and  reciuesting  him  to  obtain  ^     ^     ^ 

from  her  where  she  was  baptized         .         '    ,  .  '      . 
12    Attending  at  Somerset  House  furtl;er  searching  for 
certificate  of  death  of  ,  and  bespeaking  office 

copy  .        .         ■        • ,      

Paid  for  search  and  certificate         ._         •         ',      \  ,,' 
13.  Writing  to  petitioner's  sister  m  reply  to  lier  letti-i 

stating  where  she  was  baptized  .         .         •         • 
Paid  f<u- office  copv  order  of  the         April,  lb* 0     .         • 
Attending  at  St.  George's  Church,  Bloomsbury,  to  l.e- 

speak  certificate  of  baptism  of  ,  when  we  found 

that  the  cluirch  was  closed,  but  as  it  Nvas  necessary  we 

.sliouhl  get  it  to-dav  attending  at  Pedtord  Place,  the 

residence  of  the  curate,  and  explaining  to  him  the 

ui-ency  of  the  case,  when  he  returned  to  the  church  ^  ^^     ^ 

and  we  obtained  certificate  of  baptism         .         •  037         037 
Paid  for  search  and  certificate         .         •         •         •         • 

Attending  at  Somerset  House  searching  for  and  bespeak-  Q     (5     8 

i„g  cerdficate  of  marriage  of  Mr.             and  Mrs.  0     0b         u     ^     ^ 
Paid  for  searching  and  certificate  .      _.         •         •         • 

Instructions  for  affidavit  of                   m  support  ol  peti-  ^     _,     ^         Q     G     ^ 

tion r.  i"-    ,  ■         ■         '  0  17     0        0  17 

^rawing  same,  folios  17,  at  per  folio  1.-.         •         •  058         0 

Engrossing  same,  at  per  folio  4(/.    .         .         ■         ■         •     ^^     ^     ^        q 


0     6     8 
0     3     7 

0 
0 

6  8 
3     7 

0     3     6 
0     0  11 

0 
0 

3     6 

0  11 

4 


Drawingsame,  folios  17,  at  per  folio  1.-.         •         •  058         05 

Engrossing  same,  at  per  folio  4(7.    .         .         •         •         •  q     ^ 

Treves  l^^!^!^^V^^^}^t-,,^,,-,, mAa.it      0     6     8         0     6 


Attending  deponent  on  his  being  sworn  to  his  attidaMt 
Paid  commissioner  taking  deponent's  oath  and  marking 

exhibits       .         .         •         •      ,•         ;         *         '   a\' 
Making  copy  of  this  affidavit  to  be  marked  as  an  otlite 

copj",  at  per  folio  4d 

Pai<l  tiling  athdavit         •      .  •.       ; 

Paid  for  office  copy,  at  per  folio  •2d.         .         .         •         • 
Drawing  brief  for  counsel  to  appear  on  behalt  ot  peti- 
tioner, folios  3 •  •  ,  ,. 

Makin<'  fair  copy  of  same,  folios  3,  copy  petition,  folios 
30,  and  copy  affidavit  in  support,  lolios  17,  together 

folios  50,  at  per  folio  M 

Attending  I\Ir.  with  same  .         .         •         • 

Paid  fee  to  hmi  ami  clerk       .         .         • 
Attending  Mr.  appointing  conlerence 


0     8     0         0     8     6 


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8 

COSTS   OF   rETITIOXER   FOK    PAYMENT   OF   IIJ.S    SHARE.  755 


Lower  Scale.    Higher  Scale. 
£■     >■•     '/.         £     s.     d. 


0      3      C 


0      3      G 


0     G     8         0     C 


Paid  fee  to  him  and  clerk l"    G     0         1     G     0 

Attending  conference '         '     0  13     4         0  13     4 

15,  Attending  Court  when  petition  heard  and  orderecl 
to  he  amended  hy  filling  in  blanks  and,  statin"  the 
title  of  Mr.  and  Mrs.  and  their  trustees 

to  their  share,  and  making  them  co-petitioners,  order 

to  be  made  on  amended  petition         .         .         .  0  13     4         110 

17.  Writing  to  the  petitioner  and  informing  iiim  of  the 

result  of  the  application     . 
Writing  to  Mr.  's  solicitor  for  Mr.      *         ' ,  one 

of  the  trustees  of  the  settlement  made  on  the  nuirria'^re 

of  Mr.  and  Mrs.  ,  in  reply  to  his  letter,  and 

sending  him  the  address  of  Mr.      '  the  other 

trustee  of  the  said  settlement      . 
1^-  -Attending  Mr.  ,  solicitor  for  the  trustees 

ot  Mrs.  's  settlement,  and  informing  him  what 

had  taken  place  on  the   15tli  instant,  and  c<jnferrin« 

with  him  thereon ° 

19.  Writing  to  Mr.  informing  him  <.f  the  position 

ot  this  matter,  and  as  to  tlie  ditlicultv  of  proving  the 

death  of  Mr.  ,  his  co-trustee  of  the  defendant 

ot  settlement,  dated  the         day  of  ,  1874  0     "^     f.         n     -i     r 

Writing  to  the  parish  clerk  of    ^  f.,r  tiie  certih- 

cate  of  death  of  Mr.  .         .  0     "^     G         0     "^     T 

21.  Writing  again  to  the  parisli  clerk  nf'         '       fur  the 

certificate  of  death  or  burial  of  :ili-.  0     3     G         0     3     G 

Attending  the  petitioner  on  his  calling,  and  confei-rinr/ 

witJi  him  m  reference  to  this  matter,  and  informin^ 

him  at  present  we  had  not  got  a  copy  of  the  marriage 

settlement  of  Mr.  and  Mrs.  .      °.     0     G     8         0     G     8 

\\  ritmg  to  Mr.  acknowledging  receipt  of  his 

letter,  and  requesting  him  to  send  us  a  copy  of  the 

marriage  settlement  of  Mr.  and  Mrs.  ,  to 

enable  us  to  amend  the  petition  according  to  the  leave 

given ' 

24_.  Writing  to  Mr.  '  in  reply  to  his"letter,  and 
mtorming  him  that  bef.re  another  trustee  was  ai!- 
pomted  instead  < .f  Mr.  ,  we  thought  the  appli- 
cation for  the  division  of  the  fund  had  better  be  com- 
pleted  

25.  Writing  to  the  parisli  clerk  of"  *  "  mth  his 
charge  for  searching  for  the  certificate  of  death  or 
burial  of  Mr.  ....  0 

Paid  his  charges     ....'"' 

Writing  to  the  parish  clerk  of  '  for  the  certificate 
ot  death  or  burial  of  Mr. 

28    As  the  certificate  of  death  or  burial  "of  Mr. 

had  iK.t  been  received,  writing  again  to  the  parish 
clerk  of  for  same    .... 

Writing  to  the  petitioner  with  reference"to  the  difficulty 

ot  obtaining  evidence  of  the  death  of  0     3     G        0     3     G 

W  riting  to  Mr  again  as  to  the  appointment  of 

trustees  to  Mrs.  's  settlement         .        .  0    3    G        0    3    G 


0     3     G  0     3     6 

0     3     G  0     3     G 

G  0     3  G 

0     2     0  0     2  0 

0     3     (i  0  3  G 

0     3     G  0  3  G 


c  2 


7o6  APPENDIX    III. 


Lower  Soiile.    Higher  Scale. 
£     s.      d.  £     s.      d 


0 

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in  to . 

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0  10 

0     G 

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0     6 

2     4 

6 

2     4 

29.  Writing  to  the  Rev.  witli  iiia  chcarges  for 

the  certiticate  of  Lui  ial  of  Mr. 
Paid  his  charges      ..... 
31.  Instructions  for  atlidavit  of 

burial  certificate  of  Mr. 
Drawing  same,  folios  4  . 
Engrossing  same,  at  per  folio  4(/.    . 
Preparing  exhibit  ..... 
Writing  to  Mr.  with  same  to  be  sworn  to , 

Paid  commissioner's  fee  for  taking  deponent's  oath  and 

marking  exhibit .         .         .         .         .         .         .         .02G         02G 

On  receipt  of  copy  settlement  on  the  marriage  of  Mrs. 
,  perusing  same     ...... 

Drawing  amendments  to  petition,  folios  10    . 
Attending  Mr.  -with  same  to  settle    . 

Paid  fee  to  him  and  ck'rk       ...... 


April  2. 

Writing  to  the  petitioner  for  the  present  address  of  Mr. 
,  as  he  attended  the  execution  of  the  mar- 
riage settlement  of  Mr.  and  Mrs.  .         .     0     3     G         0     3     0 
Writing  to  Mr.                     ,  requesting  him  to  deliver  to 

the  bearer  the  original  marriage  settlement  of  Mr. 

and  Mrs.  03G         03G 

Attending  Mr.  with  letter,  and   confeiring 

with  him  hereon,  when  he  intimated  he  would  not 

lend  us  tlie  marriage  settlement  until  a  new  trustee 

was  appointed  instead  of  ]\Ir.  ,  because  Mr. 

had  never  acted  in  the  trust,  and  in  fact,  on 

account  of  the  petitioner  being  under  age  at  the  time 

of  his  sister's  marriage,  Mr.  was  appninted 

instead  of  liim,  and  he  also  informed  us  he  was  solici- 
tor for   Mr.   and   Mrs.  and   the   other 

trustee 0G8         068 

Attending  appointing  conference  with  counsel  to  confer 

Avith  him  as  to  wln^ther  the  leave  given  to  amend  the 

petition  we  could  in  the  amendment  recite  the  ap- 

])(iintment  of  new  trustee    .         .         .         .         .         .068         068 

Paid  conference  fee  to  Mr.  and  clerk         .         .16     0         1     G     0 

Attending   conference,   when    counsel    stated    that   he 

could,  on  the  appointment  of  a  new  trustee,  re-amend 

without  applying  to  the  Court 013     4         0134 

Making  copy  affidavit  of  to  be  marked  as  an 

office  C(^py,  folios  4,  at  per  folio  4d.     .... 

Paid  filing  affidavit 

Paid  for  office  copy,  at  per  folio  2d.         .... 
Writing  to  Mrs.  and  informing  her,  on  our  call- 

ing on  Mr.  ,  he  informed  us  that  Mr. 

wished  to  be  discharged  from  being  one  of  her  trustees, 

and  that  ^Ir.  was  only  appointed  trustee  on 

account  of  her  brother  then  being  under  age      .        .036        036 


0 

1 

4 

0 

1 

4 

0 

2 

0 

0 

2 

0 

0 

0 

8 

0 

0 

8 

COSTS   OF   PETITIONER   FOR   PAYMENT   OF   HIS    SHARE.  757 


Lower  Scalp.    HigliPr  Scalo. 
£,     s.      (/.  £     s.      (/. 


16.  Attending  the  petiti(iner,  conferring  vitli  liim  in 
reference  to  the  appointment  of  new  tnustee  for  his 
sister,  wlien  he  consented  to  act  as  one       .         .         .068         06 

Sittings  fee 0  15     0        0  15     0 


8 


Easter  Sittings,  1879. 

22.  Wiitiug  to  the  petitioner  in  reply  to  his  letter,  as  to 
the  delay  of  obtaining  an  order,  and  witli  reference  to 
the  appointment  of  new  trnstees  of  i\Irs.  's 

settlement •         .036         036 

24.  Having  received  a  letter  from  the  petitioner  as  to 
Mr.  ,  one  of  Mrs.  's  trustees,  employing 

a  separate  solicitor,  writing  him  in  reply  thereto  .030         030 

25.  Attending  Mr.  ',  solicitor  for  Mr.  , 
on  his  calling  hereon,  as  to  the  jireparation  of  the  ap- 
pointnxent  of  a  new  trustee,  and  confering  with  him 

thereon 068068 

30.  Writing  to  Mr.  ,  recpiestmg  to  know  whether 
the  ajjpointment  of  new  trustees  to  Mrs.  's 
settlement  had  been  completed 0     3     6         0     3     6 

May  7. 
Writing  to  Mr.                hereon,  and  requesting  to  know 
what"was  the  cause  of  delay  in  completing  the  appoint- 
ment of  new  trustees _■         .036        036 

9.  Attending  I\Ir.  with  reference  to  this  matter, 

and  conferring  with  him  hereon  .         .         .         .068         068 

15.  Writing  to  the  petitioner  in  reply  to  his  letter,  com- 
plaining of  the  delav,  and  suggesting  that  he  should  see 

Mr.  thereon ..036         036 

22.  Writing  to  the  petitioner  hereon,  and  informing  him, 
in  consecpience  of  the  delay  in  getting  new  trustees 
appointed,  we  shonld  apply  for  leave  to  re-amend  his 
petition        ....••••• 

23.  Drawing  lirief  for  connsel  to  apply  for  leave  to  re- 
amend  petiti(m,  folios  5       

Making  fair  copy  of  same  for  counsel     .... 

Attending  Mr.  with  same 

Paid  fee  to  him  and  clerk • 

Attending  Court  when  order  made  to  re-amend  petition, 
by  making  Ur.  and  Mrs.  respon- 
dents, andall  necessary  consequent  amendments  copy 
petition  to  be  served  upon  them,  and  to  be  in  the 
paper  for  next  petition  (hiy 

Drawing  re-amendments,  folios  10  

Attending  Mr.  with  same  to  .settle  .... 

Paid  fee  to  him  and  clerk 

26.  Making  3  copies  of  amended  and  re-ami^ndcd  peti- 
tion for  service  in  red  and  blue  ink,  folios  40  _    .         .200         200 

Makins  copy  of  amended  and  re-amended  petition  for 

the.fudge\ 0  13     4         0  13     4 


0     3     0         0     3     6 


0 

5 

0 

0 

5 

0 

0 

1 

8 

0 

1 

8 

0 

3 

4 

0 

6 

8 

1 

3 

6 

1 

3 

6 

0 

6 

8 

0  13 

4 

0 

10 

0 

0  10 

0 

0 

3 

4 

0     0 

8 

1 

3 

6 

1     3 

6 

0  15 

0 

0  15 

0 

0     3 

0 

0     3 

0 

0     5 

0 

0     5 

0 

0     2 

0 

0     2 

0 

0     2 

6 

0     2 

6 

0     6 

0 

0     6 

0 

0 

G 

8 

0 

6 

0 

3 

4 

0 

6 

1 

3 

(3 

1 

3 

758  APPENDIX   III. 

Lower  Scale.    Higher  Scale. 
£     s.      d.  £,     s.      d. 

Attending  at  Plumstcad  and  serving  amended  and  re- 
amended  petition  on  Mrs.                      .         .         .         .050         050 
Paid  railway  fare  and  back 018         018 

27.  Attending  on  Mr.  ,  wlien  he  acce})ted  service 
of  ci  )py  amended  and  re-amended  petition  on  behalf 

of  Mr.  068         068 

Attending  Mr.  ,  when  he  accepted  service  of  copy  of 

same  petition  on  behalf  of  Mr,  .         .         .         .068         068 

Attending  the  Judge's  secretary,  lodging  amended  and 

re-amended  petition  with  him 0     6     8         0     6     8 

28.  Drawing  and  engrossing  joint  affidavit  verifying 
service  of  copies  of  amended  and  re-amended  petition, 
folios  15      ........         . 

Paid  commissioner  taking  deponent's  oaths    .         , 

Malving  copy  of  this  athdavit  to  be  marked  as  an  office 
copy 

Paid  tiling  affidavit         ....... 

Paid  for  office  copy         ....... 

Drawing  further  brief  for  counsel,  folios  6     . 

Making  copy  of  same,  folios  6,  copy  amended  and  re- 
amended  petition  in  red  and  blue  ink,  folios  10,  and 
copy  affidavit  of  ,  folios  4,  altogetlier  20  folios 

for  counsel  ........ 

Attending  Mr.  Avith  sime  .... 

Paid  fee  to  him  and  clerk       ...... 

30.  Attending  Court  on  the  amended  and  re-amended 
petition  being  heard,  wlien  order  was  made  as  prayed, 
Mrs.  's  trustees  to  have  only  one  set  of  costs  .0134         110 

Attending  the  Lord  Chancellor's  secretary  on  his  sealing 
the  amendments  and  re-amendments  in  original  peti- 
tion     068         068 

Subsequently  attending  the  registrar  with   brief   and 

papers,  and  bespeaking  draft  order     .         .         .         .068         068 

Writing  to  the  petitioner  and  informing  him  lliat  an 

order  had  been  made  as  prayed  .         .         .         .         .036         036 

Sittings  fee 0  15     0         0  15     0 

T'rinitij  SittiiKj.^,  1879. 
June  9. 

Close  copy  draft  order  of  the  30th  ultimo,  folios  12        .040         040 

10.  Writing  to  tlie  petitioner  and  informing  him  the  re- 
gistrar recpiired  an  attidavit  to  be  made  by  some  old 
friend  of  his  father  and  mother  to  cori'oborate  his  affi- 
davit .......... 

Notice  to  settle  draft  order,  copy  and  service  . 

12.  Attending  the  petitioner,  conferring  with  liim  hereon, 
when  he  statetl  a  sister  of  his  father  could  corrobo- 
rate his  affidavit  .         .         ..         .         .         .068         06 

13.  Instructions  for  affidavit  of  A.  B.  corroborating  pe- 
titioner's affidavit  as  to  tlie  births  of  himself  and 
sister,  marriages  of  his  mother,  and  deaths  of  his 
father  and  mother       ...... 

Drawing  same,  folios  7 

Engrossing  same 


0     3     6 

0     3     6 

0     4     0 

0     4     0 

0     6     8 

0     6     8 

0     7     0 

0     7     0 

0     2     4 

0     2     4 

COSTS    OF   PETITIONER   FOR   PAYMENT    OF   HIS   SHARE.  759 


Attending  deponent  to  Ije  sworn  to  same 

Paid  commissioner  taking  deponent's  oatli     . 

Maldng  copy  of  this  atlidavit  to  be  marked  as  an  office 

copy    .......... 

Paid  filing  affidavit 

Paid  for  otlice  copy 

14.  Attending  settling  draft  order  of  the  30th  ultimo, 

Avhen  same  post-dated  of  to-day  .... 

Attending  at  the  Paymaster-General's  office  for  certificate 

of  the  fund  to  be  post-dated 

23.  Attending  before  the  registrar  settling  draft  proof 
of  order  of  the  14th  inst.,  when  revised  proof  was 
directed  to  be  made   ....... 

24.  Correcting  revised  proof 

25.  Paid  for  order 

Notice  to  pass  same,  copy  and  service    .... 

Attending  passing  same 

Preparing  succession  duty  on  petitioner's  share,  and  also 

on  respondent's  '      share  of  fund  in  Court  in 

duplicate 

Attending  at  Somerset  House  to  get  same  assessed 
Drawing  affidavit  verifying  amount  of  succession  duly 

assessed,  folios  G 

Engrossing  same 

Attending  deponent  to  be  sworn  to  same 

Paid  commissioner  taking  deponent's  oath     . 

Paid  filing  affidavit        .         ,         .         .         . 

Making  copy  of  same  to  be  marked  as  an  office  copy     . 

Paid  for  office  copy         . 

Attending  at  the  registrar's  office  to  bespeak  sale  of  so 

much  of  £  reduced  £  per  cent,  annuities  as 

with  the  £  cash  would  raise  the  amount  to  pay 

the  taxed  costs  and  succession  duty    .         .         .        \     0     6     8         0     6     8 
Attending  at  the  Paymaster- General's  office  with  direc- 
tion for  sale 068         06'8 

Drawing  affidavit  verifying  the  amount  of  the  residue 

£        reduced  £        per  cent,  annuities,  to  be  divided 

in  two  parts,  one  part  to  be  transferred  to  the  peti- 
tioner, and  the  other  to  be  carried  over  to  a  separate 

account,  folios  7 070         070 

Engrossing  same 0     2     4         0     2     4 

Attending  deponent  to  l)e  sworn  to  same        .         .         .068         068 
Paid  commissioner  taking  deponent's  oatli      .         .         .016         016 

Paid  filing  affidavit 0     2     0         0     2     0 

Making  copy  of  same  to  l>e  marked  as  an  office  copy       .024         024 

Paid  for  office  copy .012         012 

Drawing  retjuest    to    the  Paymaster-General    to  carrv 

over  Mrs.  's  share  to  an  account  to  be  entitled 

"  Tlie  Trustees  of  Mrs.  's  share"    .         .         .026         026 

Attending  at  the  Paymaster-General's  office  bespeaking 

sauie  .         .         .' 068         068 

Attending  and  identifying  Mr.  on  his  receiving 

che(pie  for  payment  of  due  to  him        .         .068         068 


Low 

er  Scale. 

Higher  Scale. 

^ 

s. 

(I. 

£ 

s. 

d. 

0 

6 

8 

0 

6 

8 

0 

1 

6 

0 

1 

6 

0 

2 

4 

0 

2 

4 

0 

2 

0 

0 

2 

0 

0 

1 

2 

0 

1 

2 

0 

6 

8 

0 

13 

4 

0 

6 

8 

0 

6 

8 

0 

6 

8 

0 

13 

4 

0 

6 

8 

0 

6 

8 

0 

10 

0 

1 

0 

0 

0 

4 

0 

0 

4 

0 

0 

6 

8 

0 

13 

4 

0 

13 

4 

1 

0 

0 

0 

6 

8 

0 

13 

4 

0 

6 

0 

0 

6 

0 

0 

2 

0 

0 

2 

0 

0 

6 

8 

0 

6 

8 

0 

1 

6 

0 

1 

6 

0 

2 

0 

0 

2 

0 

0 

2 

0 

0 

2 

0 

0 

1 

0 

0 

1 

0 

760 


APPENDIX   III. 


Copy  order  of  -     ,  1870,  for  the  Taxing  Master, 

folios  12 

Drawing  bill  of  costs  and  co])y,  folios       ,  and  summary, 

folios        ,  together        folios,  at  per  folio  . 
Warrant  on  leaving  same,  copy  and  service   . 
Warrant  to  take  same,  copy  and  service. 
Attending  taxing  same,  at  per  25  folios  or  fractional 

part 

Paid  for  copy  costs  of  and  others,  at  per  folio 

Attending  taking  same  ...... 

Paid  for  certificate  and  transcribing 

Attending  to  file  same  and  bespeaking  office  copy  . 

Paid  for  office  cojty         ...... 

Sittings  fee 

Letters,  messengers,  &c. 


Lower  Scale. 
JB     s.     J. 

Higher  Scale. 
£,     s.     (I. 

0     4 

0 

0 

4     0 

0     0 
0     2 
0     2 

8 
6 
6 

0 
0 
0 

0     8 
2     6 
2     6 

0     6 
0     0 

8 
4 

0 
0 

6     8 
0     4 

0     2 
0     6 
0     3 
0  15 
0  10 

0 
8 
0 
0 
6 

0 
0 
0 
0 

1 

2  0 
6     8 

3  0 
15     0 

1     0 

17 
G 
4 


0  13 
0     5 


Bill  of  Costs  of  the  Surviving  Trustee  to  be  taxed  as  between  Solicitor  and  Client, 
pursuant  to  the  Order  made  on  the         day  of  ,  1879. 

1879.   March. 

Attending  Mr.  ,  the  surviving  trustee,  when  he 

instructed  us  to  appear  on  his  l^ehalf . 

Drawing  brief  for  counsel,  folios  5  .         .         .         . 

Making  &ir  copy  of  same,  folios  5,  copy  petition,  folios 
30,  and  affidavit  of  petition  in  sujiport,  folios  17,  to- 
gether 52  folios 

Attending  Mr.  with  same 

Paid  fee  to  liim  and  clerk 

15.  Attending  Court  when  petition  heard  and  ordered 
to  be  amended,  and  when  amended  order  to  be 
made  on  the  amended  petition 


0     6     8         0  13     4 


April. 

Writing  to  the  surviving  trustee  in  reply  to  his  letter 

hereon 036 

Sittings  fee 0  15     0 


0     3     6 
0  15     0 


May. 


Easter  Sittings,  1879. 


Making   copy   of  amended   and    re-amended  petition, 

folios  20 

Attending  Mr.  Avith  same  .... 

Paid  fee  to  him  and  clerk 

30.  Attending  Court  when  order  made  as  prayed,  Mrs, 

's  trustees  to  have  only  one  set  of  costs 
Sittings  fee     ..... 


.     0     6 

8 

0  13 

4 

.     0     3 

4 

0     6 

8 

.     1     3 

6 

1     3 

6 

.     0     6 

8 

0  13 

4 

.     0  15 

0 

0  15 

0 

COSTS   OF   SURVIVING   TRUSTEE.  761 

Trinity  Sittings,  1879. 


Lower  Scale. 
£     s.     d. 

Higher  Scale. 
£      s.      d. 

0     6 
0     6 
0     0 

8 
8 
8 

0  13  4 
0  13     4 

0     0     8 

0     6 
0  15 

0  10 

8 
0 
6 

0  6  8 
0  15  0 
0  10     6 

June. 
Atttntling  settling  draft  order  of  the  30tli  ultimo  . 

25.  Attending  passing  order 

Drawing  bill  of  costs  and  copy,  folios      ,  at  per  folio     . 
Attending  taxing  same,  at  per  25  folios  or  fractional 

part 

Sittings  fee     .         . 

Letters,  messengers,  &c. 


Bill  of  Costs  of  the  Trustezs  of  Mr.  and  Mrs.  's  Settlement,  and  of 

and  his  loift  to  he  taxed  as  between  Solicitor  and  Client,  in 

pursuance  of  the  Order  made  on  the         daij  of  ,  1879. 

Easter  Sittinrjs,  1879. 
1879.   May. 

Attending  taking  instructions  to  appear  on  petition       .068         0  13     4 

Attending  Mr.  ,  one  of  the  trustees,  respecting 
this  petition,  and  conferring  with  him  thereon,  when 
it  was  arranged  that  I  should  see  Mr.  ,  soli- 
citor for  the  other  trustee 068         068 

28.  Attending  Mr.  accordingly,  the  solicitor 

for  Mr.  ,  the  other  trustee,  and  conferring 

■with  him  hereon,  when  he  handed  me  marriage  settle- 
ment, and  arranging  that  I  should  appear  on  the 
petition  for  both  the  trustees,  and  the  cestui  ([iie 
trust    ......... 

Perusing  marriage  settlement,  folios  60  . 

Making  copy  of  same  for  use 


0 

6 

8 

0     6 

8 

1 

0 

0 

1     0 

0 

1 

0 

0 

1     0 

0 

June. 


Trinity  Sittings,  1879. 


Attending  Mr.  in  Street,  Paddington, 

one  of  the  trustees,  and  again  going  through  settle- 
ment with  him,  conferring  with  him  on  his  position, 
and  taking  his  instructions  to  appear  for  him  and  the 
cestui  que  trusts  ........     0 

Paid  for  copy  athdavit  of  ,  folios  4     . 

Perusing  same 

Paid  for  copy  affidavit  of  ,  folios  17  . 

Perusing  same 

Brief  copy  petition  for  counsel        .... 

Tlie  like  of  allidavit.s 

Drawing  observations  and  copy  for  counsel    . 

Attending  Mr.  with  same 

Paid  fee  to  him  and  clerk 


0 

6 

8 

0 

6 

8 

0 

1 

4 

0 

1 

4 

0 

1 

4 

0 

1 

4 

0 

5 

8 

0 

5 

8 

0 

5 

8 

0 

5 

8 

0 

10 

0 

0 

10 

0 

0 

7 

0 

0 

7 

0 

0 

6 

8 

0 

6 

8 

0 

6 

8 

0 

6 

8 

2 

4 

6 

2 

4 

0 

7G2 


APPENDIX    III. 


Lower  Scale.    Higher  Scale. 


30.  Attentling  CoTirt  when  petition  heard,  and   order 

made  as  prayed,  the  share  under  settlement  to  be 

carried  over  to  the  separate  account  of  ]\Ir.  and  Mrs. 

and  their  trustees,  with  liberty  to  apply  at 

Chambers  for  payment  out  of  them    .... 

Sittings  fee 


0  13 

0  15 


d. 


d. 


Trinitij  Sitthirj.'^,  1879. 

July  14. 
Close  copy  minutes  of  order,  7  sides       .... 

Attending  settling  same 

23.  Attending  passing  same  .  .  .  .  _  • 
Paid  for  costs  of  petitioner,  folios  ,  at  per  folio  . 
Attending  taxing  same,  at  per  2.1  folios  or  fractional 

part 

Paid  for  copy  costs  of  respondent,  the  surviving  trustee, 

folios         ,  at  per  folio • 

Attending  taxing  same,  at  per  25  folios  or  fractional 

part    .         .         .         .         •         •         •         •         •     .    • 
Drawing  bill  of  costs  and  copy,  folios      _  ,  at  i^T  folio  . 
Warrant  on  leaving  same,  copy  and  service   . 
Warrant  to  tax  same,  copy  and  service  .... 

Attending  taxing  same 

Sittings  fee     .....•'••• 
Letters,  &c 0 


0 

3 

6 

0     3 

6 

0 

6 

8 

0  13 

4 

0 

6 

8 

0  13 

4 

0 

0 

4 

0     0 

4 

0     G     8         0     6     8 


0     0     4 


0     0     4 


0 

6 

8 

0 

6 

8 

0 

0 

8 

0 

0 

8 

0 

2 

6 

0 

2 

6 

0 

2 

6 

0 

2 

6 

0 

15 

0 

0 

15 

0 

0 

10 

6 

1 

1 

0 

PLAINTIFFS  AND   DEFENDANT'S  COSTS  OF  APPEAL  TO  THE 
COURT  OF  APPEAL. 

AiypcUant's  Costs  of  Aj^pcid. 

Easter  Siffinys,  187  . 

Instructions  to  appeal    .... 

Drawing  notice  to  appeal 

Or  per  folio    .         .         •         • 

Copy  for  service,  at  per  folio 

Service  thereof  of  each  .... 

Attending  to  enter  and  set  down  appeal 

Paid  setting  down  same 

Copies  of  pleadings,  order,  and  notice  of  appeal  for  tlie 

Lords  Justices,  together  folios  at  per  folio 

printed       . 

If  written,  at  per  folio 

Copy  notice  of  ai)peal  for  the  Eegistrar,  folios      ,  at  per 

folio    


0 

13 

4 

1 

1 

0 

0 

-T 

0 

0 

5 

0 

0 

1 

0 

0 

1 

0 

0 

0 

4 

0 

0 

4 

0 

2 

G 

0 

2 

6 

0 

G 

8 

0 

G 

8 

1 

0 

0 

2 

0 

0 

0 

0 

2 

0 

0 

3 

0 

0 

4 

0 

0 

4 

0     0     4 


0     0     4 


0 

G 

8 

0  13 

4 

0 

1 

0 

0  1 

0 

0 

0 

4 

0  0 

4 

plaintiff's  costs  of  appeal.  7G3 

Lower  Scale.    Higher  Scale. 
£     s.      d.  £     s.      it. 

Attending  to   deliver    papers    for    use   of   the   Lords 

Justices 

Drawing  brief  for  counsel  on  appeal,  at  per  foli(j   . 
Making  2  copies  of  same  for  counsel,  at  per  folio  each   . 
Making  2  copies  of  notice  of  appeal  for  counsel,  at  per 

folio  each 0     04        004 

Making  2  copies  of  the  order  ajipealed  from  for  counsel, 

at  per  folio  each 0     0     4         0     0     4 

Making  2  copies  of  shorthand  writer's  notes  of  judgment 

taken  on  order  appealed  against  for  counsel,  at  per 

folio  each   ......... 

Attending  Mr.  ,  Q.C.,  with  brief  and  papers. 

Paid  fee  to  hinr  and  clerk 

Attending  Mr.  with  brief  and  papers   . 

Paid  fee  to  liim  and  clerk      ...... 

Attending  ]\[r.  appointing  consultation 

Paid  fee  to  him  and  clerk 

Attending  ]\Ir.  appointing  consultation 

Paid  fee  to  him  and  clerk 

Attending  consultation 

Attending  Court  appeal  in  paper,  but  not  reached 
Attending  Court  when  appeal  heard  (when  allowed),  costs 

to  be  paid  by  respondent  (or  dismissed  with  costs)     . 
Or,  according  to  the  circumstances,  hot  to  exceed  . 
If  appellant  have  carriage  of  order  charge 
Attending  the  Registrar  with  Inief  and  papers  bcs}ieak- 

ing  diai't  order 

Close  copy  draft  order,  at  per  folio  .... 
Notice  to  settle  same,  copj^  and  service .... 
The  like  on  the  other  solicitors,  each     .... 

Attending  settling  same 

Or,  at  the  Taxing  Master's  discretion,  not  to  exceed 

If  order  printed,  charge 

Attending  to  examine  and  coriecting  proof  . 

Paid  for  order 

If  the  appeal  is  against  an  order  made  on  adjourned 

summons,  tlie  charge  for  oixler  will  be       .         .         . 
Notice  to  pass  same,  copy  and  service    .... 

The  like  on  the  other  solicitors,  each     .... 

Attending  passing  same  ...... 

Making  copy  order  for  the  Taxing  Master,  at  per  fulio  . 
If  action  not  already  referred,  charge     .... 

Attending  Sitting  Master  with  order  to  be  referred,  and 

afterwards  for  same    ....... 

Drawing  bill  of  costs  and  copy,  at  per  folio   . 
Warrant  on  leaving  same,  copy  and  service   . 

Warrant  to  tax,  copy  and  service 

If  costs  paid  out  of  fund  in  Court — 

Services  of  these  warrants  on  each   solicitor  will   be 

each 

Sittings  fee 

If  agency,  letters,  &c 

If  other  proceedings  in  this  sitting  are  going  on,  instead 

of  sitting  fee  charge  for  letters  .         .         .         .0106         110 


0 

0 

4 

0 

0 

4 

0 

6 

8 

0 

13 

4 

8 

13 

0 

8 

13 

0 

0 

6 

8 

0 

13 

4 

5 

10 

0 

5 

10 

0 

0 

6 

8 

0 

G 

8 

2 

9 

6 

2 

9 

G 

0 

3 

4 

0 

G 

8 

1 

3 

6 

1 

3 

6 

0 

13 

4 

0 

13 

4 

0 

10 

0 

0 

10 

0 

0 

13 

4 

1 

1 

0 

2 

2 

0 

2 

2 

0 

0 

6 

8 

0 

G 

8 

0 

0 

4 

0 

0 

4 

0 

4 

0 

0 

4 

0 

0 

2 

6 

0 

G 

0 

6 

8 

0 

13 

4 

1 

1 

0 

3 

3 

0 

0 

6 

8 

0 

6 

8 

0 

10 

0 

1 

0 

0 

0 

3 

0 

0 

5 

0 

0 

4 

0 

0 

4 

0 

0 

2 

6 

0 

2 

G 

0 

G 

8 

0 

13 

4 

0 

0 

4 

0 

0 

4 

0 

G 

8 

0 

G 

8 

0 

0 

8 

0 

0 

8 

0 

4 

G 

0 

5 

G 

0 

4 

G 

0 

5 

G 

0 

2 

G 

0 

2 

G 

0 

1") 

0 

0 

15 

0 

0 

G 

0 

0 

6 

0 

764 


APPENDIX    IIT. 


liespondcnfs  Costs  on  Ajij^cal  from  Order  of  tht  Jiuhje  on  Adjourned  Summons. 
Easter  Sittmgs,  187  . 


Mcnj. 
Having  been  served  with  copy  notice  of  appeal,  drawing 

brief  for  counsel  to  appear  on  behalf  of  plaintilf  and 

oppose  order  being  made,  folios  28     . 
Making  2  copies  of  same,  folios  28,  and  notice  of  aitpcal, 

folios  3,  together  31  folios  for  counsel 
Making  2  brief  copies  of  shorthand  writer's  notes  of 

judgment  taken  on  order  a]>pealed  against,  folios  40 

for  counsel  ....... 

Attending  Mr.  ,  Q.C.,  with  same   . 

Paid  fee  to  him  and  clerk 

Attending  Mr.  with  same     . 

Paid  fee  to  him  and  clerk       ..... 

Attending  Mr.  ,  Q.C,  appointing  consultation 

Paid  fee  to  him  and  clerk      ..... 

Attending  Mr.  ,  appointing  consultation 

Paid  fee  to  him  and  clerk      ..... 

Attending  consultation  ...... 

Attending  Court  appeal  in  jiapor,  but  not  reached 
Attending  Court  when  the  appeal  was  heard  and  oruer 

of  the  judge  confirmed,  and  appeal  di.-^missed  with 

costs 

Attending  the  Registrar  with  brief  and  bespeaking  draft 

order 

Close  copy  draft  order,  folios  4       ....         . 

Notice  to  settle  same,  copy  and  service .... 

Attending  settling  same         ...... 

Kotice  to  pass  same,  copy  and  service    .... 

Paid  for  order 

Attending  passing  same         ...... 

Making  copy  order  for  the  Taxing  Master,  folios  4 
Drawing  bill  of  costs  and  copy,  folios  10       .         .         . 
Warrant  on  leaving  same,  copy  and  service  . 
Wairant  to  tax,  cojiy  and  service  ..... 

Certificate  and  transcribing   ...... 

Attending  to  file  same,  and  afterwards  for  office  copy    . 
Paid  for  office  copy         ....... 

Letters,  messengers,  &c 


Lower  Scale. 
£      s.      d. 


1      8      0 
1      0      8 


1  6  8 
0  6  8 
7  12  0 
0  6  8 
5  10  0 
0  6  8 

2  J)  6 

0  3  4 

1  3  6 
0  13  4 


Higher  Scale. 
&     i.      U. 


1      8      0 

1     0     8 


1  6  8 
0  13  4 
7  12  0 
0  13  4 
5  10  0 
0     6  8 

2  9  6 

0  6  8 

1  3  6 
0  13  4 


0  10     0 


0  13     4 


0  10     0 


1     1     0 


0 

6 

8 

0 

6 

8 

0 

1 

4 

0 

1 

4 

0 

4 

0 

0 

4 

0 

0 

6 

8 

0 

13 

4 

0 

4 

0 

0 

4 

0 

0 

3 

0 

0 

5 

0 

0 

6 

8 

0 

13 

4 

0 

1 

4 

0 

1 

4 

0 

6 

8 

0 

6 

8 

0 

4 

6 

0 

5 

6 

0 

4 

6 

0 

0 

6 

0 

2 

0 

0 

2 

0 

0 

6 

8' 

0 

6 

8 

0 

3 

0 

0 

3 

0 

0 

10 

6 

0 

10 

6 

appellant's  costs  of  appeal  (house  of  lords}.       765 


COSTS  OF  APPELLANT  AND  RESPONDENT  ON  APPEAL  TO  THE 
HOUSE  OF  LORDS  TAXED  PREVIOUS  TO  APPELLATE 
JURISDICTION,  1876. 

Ix  THE  House  of  Lords, 

ON  APPEAL  FROM  HER  MAJESTTS  COURT  OF  APPEAL. 

Between  C.  D.,  Ajppellant,  taxed,  and  D.  G.,  etat,  Respondents. 

AppellanVs  Costs  taxed  previous  to  the  Appellate  Jurisdiction  Act,  1876. 
Session,  18     . 

187  .     Fehruary  17. 

Instructions  for  appeal  to  House  of  Lords  against  the  judgment  of 

Lords  Justices  of  Appeal  of  ,  187 

Drawing  notice  of  appeal,  copy  and  service 
Instructions  for  petition  of  appeal     . 
Drawing  same,  folios  22,  at  2s.  per  folio    . 

Making  copy  of  same  for  counsel  to  settle  and  sign,  at  8J.  per  folio 
The  like  of  judgment  of  the  Lords  Justices  of  ,  187 

folios  27 

The  like  of  order  of  the  Lords  Justices  of  >  187  ,  appealed 

from,  folios  6 

Attending  counsel  with  same  to  settle 

Paid  fee  to  him  and  clerk  ..... 

Drawing  certificate  of  service  of  notice  of  appeal  to  set  forth  at  end 

of  petition  and  copy 

Making  coj)y  of  petition  on  appeal  for  Mr.  to  settle  and 

sign  .      •         • 

Attending  counsel  with  same     .... 

Paid  fee  to  him  and  clerk  ..... 

Engrossing  petition  for  presentation  . 

Paid  for  parchment   ...... 

Instructions  for  case  of  appellant,  and  going  through  voluminous 

documents,  &c.        ...... 

Drawing  same,  folios  80,  at  2s.  per  folio    . 

Making  copy  of  same  for  counsel  to  peruse  and  settle,  at  8(?.  per 

folio 

Attending  counsel  with  same  to  settle 

Paid  fee  to  him  and  clerk 

Paid  for  copy  petition  of  respondent's  against  allowance  of  appeal, 

folios  9 

Perusing  same 


2  2 

0 

0  10 

0 

0  12 

4 

2  4 

0 

0  14 

8 

0  18 

0 

0  4 

0 

0  13 

4 

5  15 

6 

0  5 

0 

0  14 

8 

0  13 

4 

5  15 

6 

1  2 

0 

0  5 

0 

2  2 

0 

8  0 

0 

2  13 

4 

0  13 

4 

11  0 

6 

0  3 

0 

0  G 

8 

August. 
Attending  House  of  Lords  on  presentation  of  petition  for  order  for 

respondents  to  answer   .         .         .         .         .         .         .         .         .110 

Paid  for  order  for  service 110 

Copy  and  service  of  order 050 

Attending  at  the  House  of  Lords  when  prayer  of  petition  heard,  and 

order  made 110 


7GG  APPENDIX    III. 


Paid  for  order 

Paid  for  report  and  order  fur  appeal  committee  .... 

Copy  and  service  of  order ......... 

Attending  the  appellant  and  arranging  as  to  the  recognizance  to  he 
entered  to  on  appeal       ......... 

Drawing  notice  of  intention  to  apply  for  leave  to  enter  into  recog- 
nizance on  hehalf  of  appellant,  and  copy        ..... 

Attending  at  the  House  of  Lords  therewith,  and  to  obtain  an  ap- 
pointment to  enter  into  recognizance     ...... 

"Writing  to  appellant  with  an  appointment  to  attend 

Attending  appointment  at  the  House  of  Lords  when  recognizance 
cuterecl  into   ........... 

Paid  fees  thereon 

Attending  respondents'  solicitors,  arranging  to  have  joint  appendix  . 

Drawing  and  engrossing  aliidavit  of  service  of  order  on  respondents' 
solicitors         ........... 

Attending  swearing  .......... 

Paid  oath  and  exhibit        ......... 

Attending  at  the  ollice  of  Judicial  C'ommitte  for  and  obtaining  copy 
minutes  of  meeting  of  a})peal  committee         ..... 

Copy  minutes  for  res]iondents'  solicitors    ...... 

Service  thereof ........... 

Drawing  list  of  documents  to  l)e  included  in  joint  ajipendix  lor 
respondents'  solicitors  and  copy,  folios  10      ....         . 

Attending  them  therewith  ........ 

Attending  respondents'  solicitors,  subsequently  going  through 
documents,  and  arranging  for  joint  appendix  .... 

Drawing  joint  appendix,  folios  300  (half  charge)        .... 

INIaking  copy  of  appellant's  case  for  printer       ..... 

Attending  printer  therewith,  instructing  him    ..... 

Examining  and  correcting  proof        ....... 

Making  copy  joint  appendix  for  printer,  folios  300  (half  charge) 

Attending  printer,  instructing  him  (half  charge)        .... 

Examining  and  coirecting  proof        ....... 

Attending  respondent's  solicitors  with  proof  for  their  examination   . 

November. 

Writing  to  Messrs.  &  Co.,  requesting  them  return  of  a2:)pendix 

and  as  to  finally  settling  same 0     3     6 

Attending  Messrs.  &  Co.,  conferring  as  to  the  appeal  and 

the  appendix,  and  final  settlement  thereof,  and  generally  advising     0  13     4 

Writing  to  Messrs.  &  Co.,  requesting  them  to  return  ap- 
pendix in  order  to  finally  settle  same 0     3     6 

Decemhei: 

Writing  to  Messrs.  &  Co.  again  this  day  to  urge  their  im- 

mediate return  of  the  appendix,  and  the  final  settlement  thereof  .036 

Attending  Messrs.  &  Co.,  in  conference  as  to  the  joint  ap- 
pendix, and  as  to  the  documents  included,  giving  explanations, 
and  requesting  an  appointment  to  go  through  and  finally  settle 
same 068 


£ 

s. 

<i. 

1 

1 

0 

2 

2 

0 

0 

7 

6 

0 

13 

4 

0 

5 

0 

0 

13 

4 

0 

3 

6 

1 

11 

6 

1 

11 

6 

0 

13 

4 

0 

13 

4 

0 

6 

8 

0 

2 

6 

0 

6 

8 

0 

3 

4 

0 

5 

0 

0 

13 

4 

0 

6 

8 

0 

13 

4 

7 

10 

0 

2 

13 

4 

0 

13 

4 

0 

13 

4 

5 

0 

0 

0 

6 

8 

2 

10 

0 

0 

6 

8 

appellant's  costs  of  appeal  (house  of  lords).   767 

AT  £         S.  (?. 

Attending  Messrs.  &  Co.  on  tlieir  suggesting  additions  they  liad 
made  to  appendix,  considering  documents  required  to  be  added, 
and  arranging  and  advising  them 0     G     8 

Messrs.  &  Co.,  having  requested  to  be  furnished  with  additional 

copies  of  appendix  as  printed,  attending  them  therewith  and 
thereon  .         .         .         .         .         .         .     '    .         ,         .         .         .008 

Attending  Messrs.  &  Co.  in  conference  as  to  further  documents 
which  they  suggested  shoukl  be  added  to  the  appendix,  taking 
particuLars  thereof  in  order  to  see  the  appellant  thereon,  and  as  to 
linal  settlement  thereof  .         , 068 


187  .     January, 

Attending  at  appellant's  office  and  long  conference  with  him  as  to 
the  requirements  of  Messrs.  &  Co.,  going  through  books 
and  accounts  and  documents,  and  advising  as  to  their  being  added 
to  the  appendix  when  the  appellant  suggesting  that  as  to  additions 
made  to  the  appendix  in  's  case,  it  was  considered  advisable 
to  withhold  any  assent  until  he  ascertained  what  documents  in 
])articular  would  be  required 0  13     4 

Attending  Messrs.  &  Co.  on  their  calling  as  to  additional  docu- 
ments required  to  be  added  to  the  appendix,  explaining  our  inter- 
view with  the  appellant  and  the  instructions  we  had  received  from 
him  in  the  matter 068 

Attending  the  appellant  iu  long  conference  as  to  extracts  reiiuired 
to  be  added  to  appendix  by  Messrs.  &  Co.,  and  advising,  as 

they  had  declined  to  allow  the  requisite  additions  to  be  made  to 
the  appendix  in  's  case,  that  he  should  decline  to  do  so  in  this 
appeal  unless  concessions  were  made  on  both  sides         .         .         .     0  13     4 

Writing  to  Messrs.  &  Co.  accordingly 0     5     0 

Writing  to  Messrs.  <fc  Co.  requesting  to  hear  from  them  defin- 
itely as  to  completion  of  joint  appendix 0    3     6 

Attending  appellant  in  conference  as  to  letter  received  from  Messrs. 
&  Co.,  suggesting  the  proposed  extracts  from  Co.'s  bo(jks 
should  not  be  inserted  in  the  appendix,  and  taking  his  instruc- 
tions        '.         .         .068 

Writing  to  Messrs.  &  Co.  as  to  the  withdrawal  of  their  requisi- 
tions as  to  insertion  of  additional  documents  in  the  appendix,  and 
that  we  had  the  assent  of  the  appellant  to  concur  in  their  sugges- 
tions        '".050 

Attending  appointment  with  Messrs.  &  Co.,  going  through  the 
joint  appendix,  and  examining  documents  and  finally  settling  the 
same  for  printer .         .         .330 

Attending  printer  with  proof  joint  aj^pendix  finally  settled  and  in- 
structing copies      .         .         .         .         .         .        \         .         .         .068 

Making  up  sets  of  cases  to  be  bound  for  the  use  of  the  Law  Lords 

and  counsel,  and  attending  binder  therewith  and  instructing  him      0  13     4 

Paid  printer's  bill  for  j)rinting  cases  and  appendix  with  alterations 
and  binding  cases  .......... 

Attending  paying  same      ........ 

Sessions  fee        .......... 

Letters,  messengers,  cab  hire,  &c 


0 

6 

8 

5 

5 

0 

3 

3 

0 

■C8  APPENDIX    III. 

Sessions  187  . 
187  .     February. 


£     ».    cJ. 


Attending  Messrs.  &  Co.  in  conference  as  to  the  position  of  the 
respondents'  case,  and  the  further  time  required  Avhich  they 
arranged  to  petition  for  and  advising 0     6     8 

The  respondents  not  having  answered  appeal,  attending  Messrs. 

&  Co.  thereon,  and  they  arranged  to  have  same  lodged  .         .068 

Attending  at  the  House  of  Lords,  searching  if  respondents  had 
answered  appeal,  and  to  bespeak  copy  answer        .        .        .        .068 

June. 
Attending  Messrs.  &  Co.,  conferring  as  to  the  pending  appeal, 

and  handing  them  copies  of  joint  case  and  appendix      .        .        .    0  13    4 

July. 
Attending  Messrs.         &  Co.  in  long  conference,  going  through  joint 

appendix  with  them,  and  as  to  amendments  they  required,  and 

considering  same .0134 

Attending  Messrs.         &  Co.,  consenting  to  petition  for  further  time 

to  lodge  respondents'  case ..0134 

Attending  thereon  when  prayer  of  petition  complied  with  and  order 

made      .         .         . .110 

Attending  Messrs.  &  Co.,  conferring  as  to  the  amendment  to  he 

made  in  the  joint  appendix  and  making  same        .         .         .         .     0  13     4 
Making  amendments  in  printed  joint  appendix  for  printer        .         .     0  13     4 

Attending  him  therewith  .         . 068 

Paid  his  charges  for  amending  copies 

The  like  for  printing  copies,  binding,  &c 

Instructions  for  petition  for  appellant  and  respondent  to  lodge  joint 

appendix 0  13     4 

Drawing  petition  and  copy 110 

Attending  Messrs.  &  Co.  on  their  signing  same  .         .         .         .068 

Attending  lodging  petition _.         •         .0134 

Attending  at  the  House  of  Lords,  lodging  joint  appendix .         ..110 
Attending  Messrs.  &  Co.,  handing  them  printed  copies  of  joint 

appendix         .         .         .         .         •         •         •         •         •         •         .     0  13     4 

Sessions  fee 5     5     0 

Letters,  messengers,  cab  hire,  «S:c.       .         .         .         .         .         •         .330 


Session  187  . 
187  .     Fehnumj. 

Drawing  notice  to  set  down  appeal  for  hearing 0  10     0 

Attending  House  when  motion  made 110 

Paid  thereon 110 

March. 
Making  up  of  sets  of  cases  and  appendixes  to  be  bound  for  the  use 
of  the  Law  Lords  and  for  counsel,  and  attending  binder  therewith 
and  instructing  him 0130 


appellant's  costs  of  appeal  (house  of  lords).       769 


Paiil  biiuler's  account 

Attending  paying  same     .         .         .         .         .         .         .         .         .068 

May. 

Attending  Messrs.  &  Co.  on  their  making  apijlicatiou  for  copie>> 
of  bound  cases  for  counsel,  handing  them  and  conferring  as  to 
appeal 008 

Attending  at  the  House  of  Lords  to  ascertain  as  to  the  probable 
hearing  of  appeal,  when  found  same  would  be  heard  on  JMonday 
next       .       , 

"Writing  to  the  appellant  informing  him  thereof         .... 

Attending  the  clerk  of  the  table  with  bound  cases  for  the  use  of  the 
Law  Lords 0 

Drawing  retainer  to  Mr.  

Paid  retainer  fee  and  clerk         ........ 

Attending  him 

Brief  to  Mr.  to  attend  and  argue  appeal 

Paid  fee  to  him  and  clerk  . 

Attending  him 

Paid  consultation  fee  and  clerk  ....... 

Attending  to  fix  same         ......... 

Brief  to  Mr.         to  attend  and  argue  appeal 

Paid  fee  to  him  and  clerk 

Attending  him 

Paid  consultation  fee  and  clerk  ....... 

Attending  to  fix  same 

Brief  to  Mr.  to  attend  and  argue  appeal 

Paid  fee  to  him  and  clerk 

Attending  him  .         .         .         .         . 

Paid  consultation  fee  and  clerk  .         .         .         ... 

Attending  to  fix  same         ......... 

Mr.  Parrott  having  requested  tu  be  furnished  with  a  note  explanatory 
of  the  nature  of  the  case,  drawing  same  and  copy  .... 

Attending  at  the  Judicial  Office  of  the  House  of  Lords  therewith 

Having  received  a  request  from  Mr.  Parrott  to  attend  at  the  House 
of  Lords  to  give  certain  required  information  respecting  the 
appeal,   attending    appointment    according    and    answering    his 


0  1.3 

4 

0  3 

(5 

0  13 

4 

0  6 

8 

2  7 

0 

0  13 

4 

0  13 

4 

55  2 

6 

2  2 

0 

5  15 

6 

0  13 

4 

0  13 

4 

33  0 

0 

1  1 

0 

5  15 

G 

0  13 

4 

0  13 

4 

22  1 

0 

1  1 

0 

5  15 

6 

0  13 

4 

1  1 

0 

0  G 

8 

enquiries 


0  13     4 


"Writing  to  the  appellant  informing  him  that  appeal  appointed  to 

be  heard  for  Thursday  next 0     5     0 

Having  made  appointment  for  consultation  with  counsel,  letter  to 

the  appellant  informing  him  thereof 0     3     6 

Attending  respondents  for  copy  cases  and  obtaining  same  .         .068 

Attending  consultation      .         .         . 220 

Attending  at  the  bar  of  the  House,  when  appeal  part  heard  and 

adjourned  until  to-morrow •         .550 

Paid  refresher  to  Mr.  and  clerk  on  further  hearing  of  adjourned 

appeal  to-morrow HOG 

Attending  him  .         .         .         .         .         .         .         •         ■         .0134 

Paid  refresher  to  Mr.  and  clerk HOG 

Attending  him 0  13     4 

Paid  refresher  to  Mr.  and  clerk  .         .' HOG 

Attending  him 0  13     4 


770 


APPENDIX    III. 


ot"   tlie 


Attending  at  tlio  l>ar  of  tlio  Ilou.^e  wlu'U  appeal  fiirthei'  heai.l  and 

dismissed  with  costs        .         .         . 

Paid  bar  fee  and  attendance       . 

Paid  laying  case  on  the  tabh' 

Paid  cause  list ,"  ,•  -'i   ,^ui 

Having  received    draft  judgment  from  tlie  Judicial  Uiiice 

House,  perusing  and  altering  same      .... 
Attending  respondent's  solicitors  with  same 
Attending  returning  draft  judgment,  approved  and  signed 
Paid  sessions  fee         ...••••         • 
Drawing  this  bill  of  c(>.sts  and  copy  for  the  Taxing  Otlici'r, 

folios,  at  U\  (i(/.  per  folio 

Attending  him  therewith •         • 

Making  copy  of  l>ill  of  costs  for  respondent's  scdicitors,  at  (id.  jier 

folio 

Attending  him  therewith 

Attending  taxing 

Paid  fees  for  taxing 

Attending  settling  costs 

Letters,  messengers,  &c 


5  5 

0 

8  15 

0 

1  1 

0 

1  1 

0 

0  13 

4 

0  13 

4 

0  13 

4 

5  5 

0 

0  10 

0 

0  10 

0 

3     3     0 


nispowhnCs  BUI  of  Costs. 
1870. 
Instructions  to  oppose  appeal    .         .         .         •         •         ',        ;      •  / 
Having  been  served  with  notice  of  presentation  ot  appeal  and  with 
copy  order  made  thereon,  attending  at  Parliament  office  and  be- 
speaking copy  petition  of  appeal    .         .     _ 

Attending  for  and  examining  copy  with  original       .... 

Paid  for  office  copy,  folios  io 

Instructions  for  answer 

Drawing  and  engrossing  same 

Paid  for  parchment 

Attending  at  Parliament  Oilice  tiling  same 

Paid  filing •         •,.-.„• 

Attending  at  the  Judicial  Office,  House  ol  Lords,  searching  if  recog- 
nizance duly  entered  into  by  appellant 

Instructions  for  case  (very  special) 

Drawing  same,  folios  130  .         .         .     _ 

]\Iaking  copy  for  counsel  to  settle  and  sign 

The  like  petition  of  appeal,  folios  25  ...... 

The  like  notice  of  intention  to  present  petition,  folios  4    . 

The  like  order  of  appeal,  folios  8 r  \-        ' 

The  like  order  of  Vice  Chancellor  ,  dated  187     ,  folios  8. 

The  like  of  transcript  of  sliorthand  writer's  notes  of  Vice  Chancellor's 

judgment  of  like  date,  folios  5       .         .         .         . 
The  like  order  of  the  Lords  Justices  of  Appeal  of  ,  187  , 

folios  6 r    ^•^      '    ^         ' 

The   like   of  shorthand   writer's  notes  of  judgment  ol  like  date, 

folios  3 

Paid  fee  to  Mr.  ,  to  settle  same 

Attending  him 


2     2     0 


0  13 

4 

0  13 

4 

2  0 

6 

0  13 

4 

1  1 

0 

0  5 

0 

0  13 

4 

0  5 

0 

0  13 

4 

2  2 

0 

13  0 

0 

4  6 

8 

0  17 

4 

0  2 

8 

0  5 

4 

0  5 

4 

0     3     4 


0     4     0 


0  2     0 
27  10     0 

1  1     0 


UESI'ONDENT's    costs    ok    Al'I'EAL  (hoUSE    OF    LOJtDS).         771 


0  13     4 

1  1      0 


5   15     (•> 

2     2     0 


Attending  appellant's  solicitors  on  their  serving  notice  of  intention 
to  present  petition  for  further  time  to  lodge  case,  perusint;  petition 

and  assenting \  ^  ' 

Attending  the  House  when  prayer  of  petition  complied  wilii  and 

order  made 

Counsel  having  made  several  queries  in  tlie  draft  case,  attendin-  ap- 
pointing consultation  with  him  to  settle  draft  case        ,  '^  0  13     4 

Paid  consultation  fee  to  him  and  clerk      ...**' 

Attending  consultation 

Attending  appellant's  solicitors,  conferring  as  to  the  desirability  of 
havnig  a  joint  appendix,  and  we  were  to  prepare  a  list  of  docu- 
ments for  their  perusal 0  r^     4 

Drawing  list  of  documents  on  behalf  of  respondent  "and  copv 
folios  12 ^- ' 

Attending  appellant's  solicitors  therewith,  and"  finally  arranc^ing  for 
joint  appendix ^  o    & 

Attending  appellant's  solicitors  subsequently  arrangino-  meeting  to 
finally  settle  list  on  both  sides        ,         ,         .         .'        ,  '^ 

Attending  appointment  with  appellant's  solicitors,  arrangina  docu- 
ments to  be  inserted  in  joint  appendix  .         .         .  2     2     0 

Drawing  joint  appendix,  folios  2,819,  at  Is.  per  folio"         .'         "         '140  19     0 

Making  lair  copy  for  the  printer 70     9     6 

Attending  printer  instructing  him     .         .         .         .         .  q 

Exainining^nd  correcting  proof        .         .         .         .         "         '         '23 

Attending  appellant's  solicitors  with  proof  of  joint  appendix  for  their 
perusal,  and  requesting  to  know  Avhether  there  were  any  docu- 
ments omitted,  which  they  desired  to  be  added  thereto 

On  receipt  of  letter  from  appellant's  solicitors  as  to  suggested  altera- 
tions in  appendix,  and  requesting  to  be  furnished  with  further 
proof,  writing  them  in  reply,  and  attending  with  proof  as  re- 
quested   

Writing  to  appellant's  solicitors  recxuesting  the  return  of  joint  ap- 
pendix ai:)proved     ^ 

Having  received  letter  from  appellant's  solicitors  as  to  "documents 
included  in  the  appendix,  and  to  Avhich  they  objected,  writino^ 
them  in  reply  and  in  explanation  ....  " 


0  IG  0 
0  13  4 
0  13     4 


6     8 
9  10 


0     6     8 


0     6 


0     5     0 


January,  187  . 

Perusing  and  examining  various  papers  and  documents  required  bv 
appellant's  solicitors  to  be  included  in  the  joint  appendix  and 
going  through  various  orders  of  the  Court  below  to  ascertain'their 
admission  in  evidence— a  long  time  engaged 

Writing  to  appellant's  solicitors  specially  thereon,"  and" requ'estin'^ 
them  to  furnish  us  with  tlie  further  documents  they  required  to 
be  added  to  appendix 

Fehruarif. 
Haying  been  served  with  petition  on  the  part  of  appellant  to  extend 
time  for  lodging  case,  perusing  same,  and  attending  assenting 
thereto ° 

Attending  House,  when  prayer  of  petition  coniplied  with  and'order 
made ^         " 

3  D  2 


1     1     0 


0  13    4 

1  1     0 


772  AITENDIX    HI. 


£ 


5     5     0 
0  13     4 


0     6 

8 

4     G 

8 

0  13 

4 

1     1 

8 

0  13 

4 

5     5 

0 

3     3 

0 

Attendances  upon  appellant's  solicitors,  goins  through  joint  appendix, 
examining  and  checking  same,  making  additions  thereto,  and  finally 
settling  same  for  printer •     _    • 

Attending  printer  with  proof  joint  appendix  settled,  and  instructing 
copies  thereof  to  be  struck  off 

Paid  printer's  charges  for  printing  joint  appendix  and  very  heavy 
corrections  thereon         ......... 

Attending  him  .......••••     0     6 

Attending  appellant's  solicitors  with  printed  joint  appendix  for  linal 
approval         ........         •         •.        • 

Making  copy  of  respondent's  case  as  settled  for  printer 

Attending  him  therewith  and  instructing  proof        .         .         .         . 

Having  received  proof  case  from  printer,  examining  and  correcting 
same      ........•••• 

Attending  printer  with  corrected  proof  and  instructing  further 
printed  copies        .......••• 

Paid  printer's  charges        ......... 

Session  fee         .....•••••         • 

Letters  and  messengers 


licssion,  187  .  • 

March,  187  . 

Attending  appellant's  solicitors  in  long  conference  with  reference  to 
the  joint  appendix  and  the  alterations  required,  discussing  same, 
going  through  appendix,  and  requesting  them  to  return  same 
approved        .         .         .         •         •  .         •         •         •         • 

Attending  appellant's  solicitors  on  their  serving  us  with  notice  of 
intention  to  present  petition  for  an  extension  of  two  months' 
further  time  to  lodge  appellant's  case,  perusing  petition,  and 
assenting        .         .         .         .         . 0  13     4 

Copy  petition  to  keep ..050 

Attending  House  of  Lords  when  prayer  of  petition  complied  with 
and  order  made ••         •         .110 

Attending  respondent,  conferring  with  him  very  fully  upon  the 
present  position  of  appeal,  and  the  ditticulty  we  had  with  the 
appellant's  solicitors  in  finally  settling  the  joint  appendix,  giving 
hiua  explanations  thereon  and  as  to  the  probable  hearing  of  the 
appeal,  and  advising  him  hereon 0  13     4 


0  13     4 


yl_/;ri7. 
Attending  appellant's  solicitors  in  very  long  conference  upon  the 
joint  ajspendix,  and  as  to  the  documentary  evidence  and  the  various 
alterations     suggested     therein,     and     generally    advising    and 
arrangins       ........... 


1     1     0 


May. 

Attending  appellant's  solicitors,  further  conferring  as  to  the  appendix, 
which  they  stated  appellant's  case  was  now  before  counsel,  and 
fully  discussing  suggested  alterations   .         .         .         .        .         .0134 

Attending  appellant's  solicitors  on  tlieir  returning  proof  of  joint  ap- 


RESrONDENT's   COSTS    OF   APPEAL  (lIOUSE   OF   LORDS).  77o 


pendix,  and  conferring  with  them  upon  the  material  alterations 
required  therein,  and  arranging  to  go  through  joint  appendix  to 
see  how  far  their  requirements  could  be  complied  with 
Going  through  joint  appendix  as  to  the  alterations  suggested  l)y 
appellant's  solicitors,  and  also  as  to  the  additional  documents  which 
they  required  to  be  added  thereto,  &c.,  very  long  engaged     , 


0  13     1 
2     2     0 


Juhj. 

Attending  appellant's  solicitors  on  their  serving  us  with  notice  of 
intention  to  present  petition  for  further  extensionof  time  to  lodge 
appellant's  case,  and  perusing  petition,  and  assenting    . 

Copy  petition  to  keep •         *   , .    i 

Attending  the  House  of  Lords  when  prayer  of  petition  complied 
with  and  order  made r'    -u  '     ^ 

Attending  appellant's  solicitors  in  long  conference  as  to  lurther 
alterations  to  be  made  in  joint  appendix,  and  fully  in  explanation 
of  our  proposed  amendments.         ....••• 


0  13     4 
0     5     0 


0  13     4 


Avgiist. 

Attending  appellant's  solicitors  in  conference  on  the  final  settlement 
of  joint  appendix,  discussing  and  explaining  the  course  we  in- 
tended to  adopt  with  regard  to  the  re-arrangement  thereot    .         .     0  13     4 

Attending  appellant's  solicitors  on  their  sen-ing  notice  of  intention 
to  present  petition  for  further  time  to  lodge  appellant's  case  until 
the  3rd  day  of  next  session  of  Parliament,  perusing  petition,  and 
assenting  thereto  and  signing,  &c 9  "^?     ^ 

Making  copy  petition  to  keep t   i     •  i* 

Attending  House  of  Lords  when  prayer  of  petition  not  complied  with 
and  no  order  made  ....••••• 


0  5     0 

1  1     0 


1     1     0 


Seftemher. 
Going  through  joint  appendix  and  documents  to  be  added  thereto, 

and  finally  arranging  same  for  the  printer      .         . 
Drawing  additions  to  joint  apjK'ndix,  being  exhibits  to  ,and 

exhibits  ,  atlidavit  of  ,  filed  ,  187  ,  and 

exhibit  ,  together,  folios  ITO  (half  charge)         .         .         .450 

j\Iaking  copy  thereof  for  printer  .  .  .  .  •  ;  .2168 
Drawing  index  to  joint  appendix  in  chronological  order,  relerring  to 

the  documentary  evidence,  folios  25  (half  charge)  .         .         .  ^  ^^     ^ 

Making  copy  thereof  for  printer  .  .  .  •  ,-,.•.  "  ?  i^  I 
Attending  printer,  instructing  proof,  and  corrections  and  additions  .  0  13  4 
Examining  proof  joint  appendix  as  altered  with  the  new  matter 

introduced  therein,  folios  195 1  12     6 

Paid  printer's  charges •         -         •         '     ct     r     a 

Attending  paving  same i"!^q 

Attending  appellant's  solicitors  with  revised  appendix  for  approval .     0    b    b 

Dccemher. 
Attending  appellant's  solicitors  as  to  the  revised  joint  appendix,  long 
discussion  with  them  thereon,  and  requesting  them  to  return  same 

approved •         •        ;.       .*    ,     '     r  '     2     ?     « 

Writing  to  appellant's  solicitors  reciuesting  return  ol  revised  proot   .     U     .i     o 


774  APPENDIX    J II. 


January,  187  . 
Attending  appellant's  solicitors  as  to  further  petition  to  extend  time 

to  lodge  appellant's  case,  perusing  petition  and  assenting       .         .     0  13    4 
Attending  House  of  Lords  Avhen  petition  presented  and  order  made  .110 

February. 
Writing  appellant's   solicitors  requesting  them  to  return  joint  ap- 
pendix completed  .         .        .        .        .         .        .        .         .        .036 

Session  fee 5     5     0 

Letters  and  messengers 330 


isession,  187     . 

Attending  appellant's  solicitors  on  tlieir  returning  joint  appendix 
approved,  subject  to  alterations  going  through  same  and  finally 
settling  .         .         .         .         .         .         .         .         .         .         .         .     0  13     4 

Revising  proof  of  respondent's  case  and  altering  same  Avith  reference 

to  rearranged  appendix .         .         .         .         .         .         .         .         .110 

Fee  to  Mr.  to  resettle  same  and  cleric         .         .         .         .         .     5  15     6 

Attending  him 0  13     4 

March. 

Attending  appellant's  solicitors  on  their  giving  us  notice  of  applica- 
tion for  further  extension  of  time  to  lodge  appellant's  case, 
perusing  petition,  and  assenting     .         .         .         .         .         .         .0134 

Attending  House  of  Lords  on  presentation  of  petition  when  same 
rejected  on  the  ground  of  the  same  heing  dated  anterior  to  the  ex- 
piring of  the  time  already  granted 110 

Attending  appellant's  solicitors,  conferring  Avith  reference  to  the  last 
consent  we  had  given  to  extend  time  for  lodging  appellant's 
case,  and  the  ground  on  which  the  order  had  been  refused  when 
they  handed  us  further  petition,  perusing  same  and  assenting 
thereto 0  13     4 

Attending  House  of  Lords  on  presentation  of  petitiun  when  order 

made      »•         •         •         •         •         •         •         •         •         •         .110 

Ajn-il. 
Attending  appellant's  solicitors  on  their  informing  us  of  their  having 

lodged  their  printer  cases,  and  as  to  joint  appendix  and  arranging 

to  let  them  have  revised  proof        .         .         .         .         .         .         .068 

Attending  printer  with  case  as  resettled  by  counsel  and  bespeaking 

proof 0  13     4 

Paid  printer's  charges         ......... 

Having  received  proof  of  respondent's  case  from  printer,  examining 

and  correcting  same       .         .         .         .         .         .         .         .         .068 

Attending  printer  with  revised  proof  joint  appendix  and  instructing 

him  as  to  copies  to  be  printed         .         .         .         .         .         .         .     0  13     4 

Paid  printer's  charges        ......... 

Attending  printer  with  revised  case  of  respondent  and  instructing 

him       . 0  13     4 


hesponpekt's  costs  of  appeal  (house  of  lords).       77'> 


Paid  printer's  charges 

Attending  paying  same 

"Writing   to   appellant's   solicitors   in   reply   to   their   letter    as  to 

remodelling  joint  appendix  and  declining  to  do  S( 
Instructions  for  petition  of  respondent  to  lodge  case 

Drawing  same  and  copies 

Attending  appellant's  solicitors  thereon  and  obtaining  their  signa 

tnre  thereto    , 
Attending  House  of  Lords 

made      .... 

Paid  fee  thereon 

Attending  Parliament  Office,  lodging  cases 

Paid  thereon 

"Writing  appellant's  solicitors  informing  them  thereof  and  for  an 

appointment  to  exchange  cases 
Attending  them  subseijuently,  exchanging  cases 


on  presentation  of  petition  when  order 


0     6     8 


0 

3 

6 

0 

13 

4 

1 

1 

0 

0 

13 

4 

1 

1 

0 

1 

1 

0 

1 

1 

0 

2 

2 

0 

0 

3 

6 

0 

13 

4 

Maij. 

Attending  the  appellant's  solicitors  as  to  the  tinal  completion  of 
joint  appendix,  and  as  to  lodging  same,  and  arranging  as  to 
presentation  of  joint  petition  for  leave  to  deposit  same,  &c.   . 

Instructions  for  joint  petition  for  leave  to  lodge  joint  appendix 

Drawing  same  and  copies 

Attending  appellant's  solicitors  therewith  for  perusal  and  to  obtaii 
their  signature  thereto 

Attending  at  the  House  of  Lords  on  presentation  of  petition,  order 
made 

Paid  for  order  on  joint  petition 

Attending  at  Parliament  Office,  lodging  joint  appendix     . 

Making  up  sets  of  cases  and  joint  appendixes  for  binder  for  use  o 
Law  Lords  and  counsel,  and  attending  binder  there Avith 

Paid  binding  same , 


I     1 

0  10 

1  1 


0  13     4 


0  13     4 


July. 

Attending  lodging  bound  cases  for  use  of  the  Law  Lords 

Session  fee         . 

Letters  and  messengers 


0  13  4 
5  5  0 
3     3     0 


Session  187 
Man,  187     . 

An  intimation  having  been  received  as  to  the  appeal  being  argued, 
but  great  doubt  existing  thereon,  and  the  respondent  having  been 
in  negociation  with  the  appellant  with  a  view  to  compromise 
same,  and  consequently  determined  to  l.)rief  one  counsel  only. 
Drawing  retainer  to  Mr.  

Paid  his  fee  and  clerk        ......... 

Attending  him  ........... 

Brief  to  counsel,  to  accompany  papers  to  attend  and  argue  appeal  uii 
behalf  of  the  respondent 


13 


0  i: 


77G 


APPENDIX    III. 


therewitli  and  clerk 


Paid  fee  to  Mr. 

Attending  him 

Attending  to  appoint  conference 

Paid  him  conference  fee  and  clerk 

Attending  conference 


£      s.  (J. 

55     2  6 

2     2  0 

0  13  4 

.5  15  6 

2     2  0 


July. 

Having  received  notice  from  the  principal  clerk  of  the  Judicial 
Department  that  the  Appeal  Committee  would  meet  on  Monday 
next  writing  to  respondent  informing  him  thereof 

Attending  him  afterwards  in  long  conference  as  to  the  course  the 
appellant  Avas  adopting  to  obtain  liberty  to  continue  the  appeal  in 
forma  pauperis,  and  advising  him  as  to  the  course  that  should  be 
taken 

Attending  appellant's  solicitors  thereon,  and  conferring  and  obtain- 
ing particulars  and  information  required         ..... 

Brief  to  Mr.  to  attend  Appeal  Committee         .... 

Fee  to  him  and  clerk         ......... 

Attending  him  .         .         .         .         .         .         .         .         . "        . 

Attending  appointing  conference        ....... 

Paid  him  conference  fee  and  clerk     ....... 

Attending  conference 

Attending  Appeal  Committee  order  made  for  appellant  to  appear  in 
formd  pauperis        .......... 

Session  fee         ........... 

Letters  and  messengers 


0     3     6 


0  13     4 


0 

6 

8 

0 

13 

4 

11 

0 

0 

0 

13 

4 

0 

13 

4 

5 

15 

6 

2 

2 

0 

5 

5 

0 

5 

5 

0 

3 

3 

0 

Session,  187     . 
January,  187     . 

Having  received  letter  from  the  Judicial  Office  as  to  hearing  of 
appeal,  attending  at  the  House  of  Lords,  when  we  ascertained  that 
same  would  probably  be  heard  about  the  8th  proximo 

Attending  the  appellant's  solicitors  in  conference,  as  to  proceeding 
with  the  appeal  when  they  informed  us  that  the  appellant  would 
argue  the  case  in  person 


0  13     4 


0     6 


February. 

Writing  to  the  respondent  fully  in  explanation  .         .         .         .050 

Having  received  a  further  information  from  the  House  of  Lords, 
as  to  the  pro1)able  hearing  of  ap2:)eal  on  Monday  next,  Avriting  to 
the  rcs])oudent  thereof   .         .         .         .         .         .         .         .         .036 

Tlic  appellant's  solicitors  having  intimated  tliat  the  appellant  had 
prepared  and  ]irinte<l  a  statement  to  which  he  intended  to  refer  to 
on  hearing  of  appeal,  attending  them  in  conference,  and  to  obtain 
])rints  for  use  of  our  counsel,  and  they  were  to  forward  same  .068 

Attending  respondent  in  long  and  special  conference  thereon,  and 
fully  considering  and  discussing  same,  and  advising  generally,  as 
well  as  retaining  a  leading  counsel  ami  taking  his  instructions       .110 

Drawing  retainer  to  Mr.  .         .         .         .         .         ,         .         .068 


respondent's  costs  of  appeal  (house  of  lords).       777 


Paiil  him  retuiner  fee  ami  cleik 

Atlendin^'  him  ......... 

Drawing  brief  to  Mr.  to  attend         .... 

Paid  fee  to  him  and  clerk  ....... 

Attending  him  ......... 

Paid  him  consultation  fee  and  clerk  ..... 

Attending  to  appoint  same 

Refresher  to  Mr.  

Attemling  liim 

Paid  him  consultation  fee  and  clerk 

Attending  to  ap])oiut  same 

Attending  consultation      ....... 

Paid  for  room 

Attending  House  of  Lords,  appeal  called  on,  and  the  Law  Lords 
requested  to  be  informed  by  appellant  if  he  wished  the  statement 
he  had  prepared  to  be  read  in  lieu  of  his  appeal,  or  to  address 
them,  wlien  appellant  requiring  time  to  consider,  their  Lordships 
adjourned  case  until  to-morrow,  engaged  all  day  .... 
Paid  refresher  ]\Ir.  in  further  hearing  of  appeal  to-niorrow     . 

Attending  him 

Paid  him  consultation  fee  and  cleik 

Attending  to  fix  same 

Paid  refreslier  to  I\lr.  

Attending  him 

Paid  him  consultation  fee  and  clerk 

Attending  him  ........••• 

Attending  consultation 

Attending  at  House  of  Lords  on  further  hearing  of  appeal,  when 

appeal  part  heard  adjourned,  and  adjourned  until  next 

Paid  refresher  to  Mr.  to  attend  further  hearing  of  appeal  on 

the  inst 

Attending  him 

Paid  him  consultation  fee  and  clerk 

Attending  to  fix  same 

Paid  refreslier  to  ^fi-. 

Attending  him  ........••• 

Paid  him  consultation  fee  and  clerk 

Attending  to  fix  same 

Attending  consultation •         . 

Attending   at  the  bar  of  the  House  of  Lords,  when  appeal  furtlier 
aigued  and  judgment  given  dismissing  appeal  with  costs 

Paid  bar  fee 

Paid  general  fees  of  the  House  ........ 

Writing  to  the  respondent  informing  liini  the  result  of  the  appeal     . 

Having  received  draft  judgment    from  tlie   Judicial  Office  of  the 

House,  perusing  and  approving  of  same  .         .         .         .         . 

Attending  appellants,  settling  same,  and  signing        .         .         .         . 

Attending  returning  draft,  judgment  approved  and  signed 
Sessions  fee        ........ 

Drawing  this  bill  of  costs  and  copy  for  the  Taxing  Officer, 

at  Is.  ijd.  per  folio  ......•■• 

Attending  him  therewith  .         .         .         .         .         .         ■         •         ■ 

Making  copy  of  bill  of  costs  for  ajipellaufs  -solicitors,  at  G(/.  per  folio 
Attendiu'jr  them  with  same        . 


£      s.      (/. 


.  2     7 

0 

.  0  13 

4 

.  0  13 

4 

110  0 

0 

2  2 

0 

'.    r,  Ui 

6 

.  0  13 

4 

.  11  0 

0 

.  0  13 

4 

.  5  15 

(3 

.  0  13 

4 

.  2  2 

0 

.  0  6 

0 

5     5  0 

11     0  0 

0  13  4 

5  15  6 

0  13  4 

11     0  0 

0  13  4 

5  15  6 

0  13  4 

2     2  0 

5     5  0 


folios. 


11  0 

0 

0  13 

4 

5  15 

6 

0  13 

4 

11  0  • 

0 

0  13 

4 

5  15 

6 

0  13 

4 

2  2 

0 

5  5 

0 

8  15 

0 

5  5 

0 

0  5 

0 

0  13 

4 

0  13 

4 

0  13 

4 

5  5 

0 

0  10 

0 

0  10 

0 

77S  APPENDIX    III. 


Attending  taxing 
Paid  fees  for  taxing   . 
Attending  settling  costs 
Letters,  messengers,  &c. 


3     3     0 


FORMS  OF  BILLS  OF  COSTS  REVISED  IN  CONFORMITY  WITH 
THE  APPELLATE  JURISDICTION  ACT,  1876,  AND  WHICH 
ARE  APPLICABLE  TO  ALL  APPEALS,  &c.,  PRESENTED  TO 
THE  HOUSE  OF  LORDS  ON  AND  AFTER  THE  7th  DAY 
OF  AUGUST,  1877. 

In  the  House  of  Lords. 

Oil  Afpeal  from  Her  Majesty's  Court  of  Appeal  {England). 
Between  A.  B.,  Appellants,  C.  D.,  et  al,  Respondents. 
The  Appellants'  Bill  of  Costs. 

Session,  18 

18     ,  January. 

>  -'  _  £     s.      (/. 

Attending  the  appellants  and  discussing  with  them  the  eflect  of  the 
judgment  of  the  Court  below,  and  taking  their  instructions  to  ap- 
peal to  the  House  of  Lords,  and  taking  instructions  as  to  recogni- 
zance and  bond,  agent's  retaining  fee 

Instructions  for  petition  of  appeal 

Drawing  same,         folios,  at  2s.  per  folio 

Fair  copy  for  Mr.  A.  (counsel)  to  settle  and  sign,  folios  at  8t7.     . 

Attending  him  therewith 

Paid  his  fee  for  settling  and  signing  .         .         .         .     _    • 

Fair  copy  of  appeal  for  Mr.  B.  (counsel)  to  settle  and  sign 

Attending  him  therewith  ......••• 

Paid  his  fee  for  settling  and  signing ■ 

Attending  serving  respondents'  agents  with  printed  copy  of  appeal 
and  with  notice  of  intention  to  present  the  same,  and  also  with 
certificates  with  regard  to  recognizance  and  bond  .         .         .         .     0  10     0 

Paid  printer's  account        ......... 

Attending  at  Parliament  Ollice  witli  appeal,  and  lodging  same  for 

j)resentation  .         .         .         .         .         .         .         .         .         ■         .110 

Attending  Parliament  Office  and  intimating  to  officers  of  the  House 
tlie  appellants'  intention  witli  regard  to  recognizance  and  bond,  and 
hj<lging  certificates  relating  tliereto         .         .         .         .         .         .     0  10     0 

Paiil  fee  on  presentation  of  appeal     .         .         .         .         .        _•         .110 

Atteniling  at  Parliament  Ofiice  and  ol)tainiiig  order  for  service  on 

respondents  and  perusing  same 0  10     0 

Paid  fee  on  order  of  service 110 


0  13 

4 

0  13 

4 

0  10 

0 

5  15 

6 

0  10 

0 

0   1.") 

6 

0 

10 

0 

0 

10 

0 

0 

10 

0 

0 

10 

0 

2 

1 

0 

0 

10 

0 

0 

10 

0 

2 

7 

0 

1 

0 

0 

3 

(5 

0 

ArrELI-ANT's    COSTS    KEVISKD    (lIOl'SE    OF    LORDS).  770 

t       s        ,/ 

Surviiif,'  CO})}-  of  ortlor  on  i-ejipoiulent.s'  agi-iit,  at  tlie  same  time  sliow- 

ing  till' original  ordiT 0  in     () 

Drawing  and  engrossing  affidavit  of  service  of  order  npon  the  re- 
spondents' agent 0  10     0 

Attending  swearing 0100 

Paid  oath 

Attending  at  Parliament  Office  and  filing  order  and  affidavit  thereon    0  10     0 

Attending  at  the  Parliament  Office  and  obtaining  the  recognizance 
and  Ixmd  for  executidn  by  the  appeUaiits,  and  sureties  before  a 
commissioner 0  10    0 

Attending  appellant  and  sureties  therewith,  or  forwarding  same  for 
execution  if  the  parties  reside  in  the  country         .... 

Attending  at  Parliament  Office  to  return  recognizance  and  lioinl 

Drawing  retainer  and  copy  for  Mr.  A.  (counsel)        .... 

Attending  him 

Paid  his  fee  and  clerk 

Drawing  retainer  and  Copy  for  Mr.  B.  (counsel)        .... 

Attending  him 

Paid  his  fee  and  clerk 

.Drawing  and  copy  for  junior  counsel  of  the  list  of  documents  t<^>  be 
jirinted  as  an  appendix,  folios         ,  at  Is.  4d.  per  folio    . 

Attending  counsel  therewith  and  settling  same  .... 

Paid  fee  to  counsel  and  clerk 

Drawing  appendix  in  accordance  with  list  as  settled  by  counsel, 
folios         ,  l.^•.  per  folio 

Fair  copy  for  the  printer,  folios         ,()(?.  per  folio      .... 

Attendiiig  him  therewith  .         .         .         .         .         .         .         .         .     0  10     0 

Having  received  proofs  of  the  apjiendix  from  printer,  attending  re- 
spondents'agents  with  a  copy  for  his  perusal         .         ._        .         .     0  10     0 

Attending  respondents'  agent,  when  we  arranged  an  appointment  to 

examine  proof  of  appendix  with  the  original  documents        .         .     0  10     0 

Examining  and  correcting  proof  with  respondents'  agents,  foliu.s, 
at  2d.  per  folio        ........•• 

Attending  printer  therewith  and  instructing  him  to  print  same         .     0  10     0 

Paid  printer's  account        .......•• 

Attending  paying  same •         .     0  10     0 

Attendin"  respondents'  agents,  when  we  supplied  them  with 

copies  for  their  use  and  for  the  use  of  cf>unsel         .         .         .         .     0  10     0 

Instructions  for  appellants'  case         .         .  .         •         •         .10     0 

Drawing  same,         folios,  at  2.s.  per  folio  .         .         .         .         . 

Copy  thereof  for  Mr.  A.  (counsel)  to  peruse  and  .settle,     folios,  at  (i('. 

Attending  him  therewith 0  10     0 

Paid  his  fee  (according  to  the  length  and  imiiortance  of  the  case) 

Copy  of  case  for  Mr.  P.  (counsel)  to  peru.se  and  .settle,      folios  at  6'/. 

Attending  him  therewith 0  10    0 

Paid  his  fee 

It  being  considered  advisalde  that  case  should  be  finally  settled  and 
signed  in  consultation,  attending  counsel  severally  fi.xing  consulta- 
tion          

Paid  Mr.  A.'s  consultation  fee  and  clerk 

The  like  .Air.  B 

Attending  consultation  when  aise  linally  .settled  and  signed     . 

Making  cojiy  of  case  as  finally  settled  for  the  printer,      folios  at  6i/. 


1 

0 

0 

5 

15 

6 

,T 

15 

6 

1 

0 

0 

0 

10 

0 

() 

10 

0 

1 

1 

0 

1 

1 

0 

0 

10 

0 

1 

1 

0 

1 

1 

0 

0 

10 

0 

6 

copies  of 
use  of  the 

0 
0 

10 
10 

780  APPENDIX   III. 


Attending  the  printer  therewith  and  giving  him  instructions  to  print 

the  same "      / 0  10     0 

Having  received  proof  of  appellants'  case  from  the  printer,  examin- 
ing and  correcting  same,        folios,  at  2d.  per  folio 

Attending  printer  with  revised  proof,  and  instructing  him  to  print 

otf  the  usual  number  of  copies      .         .         .         .         .         .         .     0  10     0 

Paid  printer's  account         ......... 

Attending  paying  same      ......... 

Attending  respondents'  agents  exchanging  cases        .... 

Attending  Parliament  Ofiice,  lodging  case  and  appendix  . 

Paid  fee  tliereon 

Drawing  motion  to  set  down  cause  for  hearing 

Attending  House  of  Lords  Avhen  motion  made 

Paid  fee  thereon 

Making  up  copies  of  apjieal,  sets  of  cases  of  appellants'  and  respon- 
dents', and  appendix  for  both  appellants  and  respondents  to  be 
bound  for  the  use  of  the  Law  Lords  and  for  counsel,  and  attending 
binder  therewith  and  instructing  him    .         .         .         , 

Paid  binder's  account  ...... 

Attending  paying  same 

Attending  respondents'  agent  and  supplying  him  witli 
bound  cases  for  his  use  and  for  the  use  of  counsel 

Attending  clerk  of  the  table  with  bound  cases  for  the 
Law  Lords     .         .         .         .         .         ... 

Attending  Mr.  A.  with  brief* 

Paid  his  fee  and  clerk 

Note.— (Tliis  fee  is  regulated  according  to  the  magnitude  and 
importance  of  the  case,  and  in  all  cases  includes  the  first  day's 
attendance.) 

Attending  Mr.  B.  with  brief  * 

Paid  his  fee  and  clerk 

Attending  the  Parliament  Ofiice,  when  we  received  notice  that  this 

cause  would  be  in  the  paper  for  hearing  on  next  .         .     0  10     0 

Attending  Mr.  A.  fixing  consultation 0  10     0 

Paid  las  fee  and  clerk 5156 

Attending  Mr.  B.  fixing  consultation 0  10     0 

Paid  his  fee  and  clerk 5  15     6 

Attending  consultatiun 100 

Attending  at  the  bar  of  the  House  this  day,  when  cause  in  part  heard 

and  adjourned  to  next .         . 3     6     8 

Paid  refresher  fee  to  Mr.  A.  and  clerk 11     0     6 

Attending  paying  same 0  10     0 

Paid  refresher  fee  to  ]\Ir.  B.  and  clerk 7  14     6 

Attending  laying  same 0  10     0 

Attending  at  the  bar  of  the  House  this  day,  when  cause  fully  heard, 

and  further  C(insiderati(»n  put  off  sine  die        .         .         .     "    .         .368 

Paid  bar  fee  and  atteiidance 8150 

Paid  cause  list 110 

Paid  shorthand  wiiter,  attendance  fee 

Attending  at  the  Parliament  Ofiice,  when  we  received  notice  that 

this  cause  would  be  in  the  paper  for  judgnu'ut  on  next     .     0  10     0 

Attending  Mr.  A.  infurming  him  thereof 0  10     0 

♦  Where  tbc  brief  fee  isnnder  30  guineas,  tlie  attendance  is  10s.;  above  30  guineas  and  net 
rxcccding  40  guineas,  £1  ;  above  40  guinea-,  £2  -'»■. 


appellant's  costs  revisku  (iduse  of  lords). 


781 


Paid  refresher  fee  to  iK-arjiid^nniit 1 

Atteudius  at  the  bur  of  tlie  House  this  day,  cause  considered",  and 

judgment  of  the  Cnurt  below  reversed '        . 

Having  received  draft  judgment  from  the  chief  clerk,  perusin^'sam'' 

and  making  certain  alterations  therein  .         ...".' 
Attend^ig  resiwndents'  agent  with  draft  judgment  as  altered     .' 
Attending  the  chief  clerk  with  draft  of  judgment  settled  and  si-ne 

by  the  agents  for  both  parties " 

Paid  fee  on  judgment 

oession  tee         •••..... 

Cab  hire,  letters,  and  messengers 

Drawing  this  bill  of  costs,  and  copy  for  taxing  officer,         *    f(dios  at 

Is.  6d.  per  folio ' 

Attending  him  therewith 

Making  copy  of  bill  of  costs  for  the  respondents'  agent,     folios  at  6(1. 

Attending  him  therewith 

Attending  taxing       •.......* 

Paid  fees  for  taxing 

Attending  settling  costs 


1     o  (j 

1     6  8 

0  10  0 

0  10  0 

0  10  0 
3  3  0 
3     3  0 

1  11  G 

0  10  0 

0  10  0 


In  the  House  of  Lords. 

On  Appeal  from  Her  Majesti/s  Court  of  Appeal  (En (/land). 

Between  A.  and  U.,  Appellants,  C.  D.,  et  al,  liesijondmts. 

Tlie  Respondents    Bill  of  Costs. 

Session,  18     . 
18     ,  March. 

Having  received  instructions  from  the  respondents  to  attend  to  tlioi 

interests  in  this  appeal,  agents'  retaining  fee  . 
Attendance  at  the  Parliament  Ottice,  entering  appearance  '. 

Attending  to  ascertain  if  recognizance  or  bond  duly  entered  into  am 

insi)ectiug  same      ........ 

Drawing  retainer  for  Mr.  A.  (counsel)        ..... 

Attending  retaining  him   ....... 

Paid  his  retaining  fee  and  clerk 

Drawing  retainer  for  Mr.  B.  (counsel)        ■         .         .         .         . 

Attending  retaining  him 

Paid  his  retaining  fee  and  clerk 

Instructions  for  case 

Drawing  same,         folios,  at  2s.  per  folio   ..... 

Copy  of  case  for  Mr.  A.  to  peruse  and  settle        folios  at  Sd. 

Paid  his  fee  and  clerk  (regulated  according  to  the  magnitude  and  im 

portance  of  the  case) 

Attending  paying  same 

Copy  of  case  for  Mr.  B.  to  i)erusc  and  settle      .         .         .         . 
Paid  his  fee  and  clerk         .... 


0 

13 

4 

0 

10 

0 

0 

10 

0 

0 

10 

0 

0 

10 

0 

'2 

7 

0 

0 

10 

0 

0 

10 

0 

2 

7 

0 

1 

0 

0 

1 

1 

0 

1 

6 

8 

0 

10 

0 

5 

15 

6 

0 

10 

0 

5 

15 

G 

1 

0 

0 

'82  APPENDIX    J  J  I. 


AttMiding  paving  same 

Attending  the  appellants'  agent  when  he  served  me  With  notice  of! 
his  intention  to  present  a  petition  for  further  time  to  IMge  his 
case,  perusing  petition,  and  signing  same  as  assenting  thereto  or 
refusing  assent 0  10     0 

Attending  the  House,  Avhcn  praj'or  of  petition  complied  Avith,  and 
order  made 

(Or  if  attending  before  the  appeal  committee)  .         .         . 

It  being  desired  by  counsel  that  the  case  should  be  settled  and  signed 
in  consultation,  attending  Mr.  A.  fixing  consultation 

Paid  his  consultation  fee  and  clerk 

The  like  attendance  on  Mr.  B. 

Paid  his  consultation  fee  and  clerk 

Attending  consultation  with  counsel  when  case  settled  and  signed    . 

Making  copy  of  case  as  finally  settled  for  the  printer,       folios  at  Gd. 

Attending  him  therewith,  and  instructing  him  as  to  printing   .         .     0  10     0 

Having  received  proof  case  from  the  printer  examining  and  correct- 
ing same,        folios,  at  2d.  per  folio        .         .         .         .         .     _    . 

Attending  printer  with  corrected  proof,  and  instructing  him  to  print 

copies     .         .         .         .         .         .         •         •         •         •         .     0  10     0 

Attending  appellants'  agent,  when  he  served  me  with  proof  copy  of 

the  appendix  .         .         .         .         .         •         •         •         •         .0100 

Perusing  and  considering  same,  and  found  that  all  the  documents 
necessary  for  our  case  were  set  out  in  it  ..... 

Writing  to  appellants'  agent  and  appointing  next  to  examine 

proof  with  original  documents        .         .         .         .    '     .         .         .050 

Examining  and  correcting  same,  folios,  at  2d.  per  folio     . 

Attending  appellants'  agent,  exchanging  cases 0  10     0 

Attending  Parliament  Office,  lodging  cases 110 

Paid  fee  on  lodging  same 

Attending  Mr.  A.  with  brief  * 

Paid  his  fee  and  clerk        ......... 

Note. — (This  fee  is  regulated  according  to  the  magnitude  and 
importance  of  the  case,  and  in  all  cases  covers  the  first  day's 
attendance.) 

The  like  attendance  on  Mr.  B 

Paid  his  fee  and  clerk 

Attending  the  Parliament  Office,  when  we  ascertained  that  this  appeal 
would  be  in  the  paper  for  hearing  on  next 

Attending  Mr.  A.  fixing  consultation 

Piiid  his  consultation  fee  and  clerk 

The  like  attendance  on  Mr.  B 

Paid  his  consultation  fee  and  clerk 

Attending  consultation      ......... 

Attending  at  the  bar  of  the  House  this  day,  when  counsel  were  fully 
heard  for  the  a])pellants,  and  the  further  hearing  was  adjourned 
imtil  next 

I'aid  Mr.  A.  refresher  fee 

Attending  him  ........... 

The  like  Mr.  B 

Attending  him  ........... 

Attending  at  tlie  bar  ol'  the  House  this  day,  when  counsel  were  fully 

*  Wtere  the  brief  fee  is  under  ^-0  guineas,  tlie  atUiulancc  is  lOf'.;  and  above  DO  guineas  and  not 
exceeding  40  guineas,  il ;  above  10  guineas,  A"J  i!s. 


0  10 

0 

0  10 

0 

5  15 

G 

0  10 

0 

5  15 

6 

1  0 

0 

3  6 

8 

11  0 

6 

0  10 

0 

7  14 

6 

0  10 

0 

KKsrONDKNT's    COSTS    RKVISKI*    (HoL'SK    OK    J.ORDs).  ISH 


hoard  t'nr  tlie   lespuudents  and  tlic  luitln-r  Cdiisideralioii   of  Uk- 

causi'  adjourned  sine  die  ........ 

Attending  at  the  Parliament  OtKce,  whQn  lie  received  notice  that  this 

api>eal  wnuld  be  in  the  paper  for  judgment  on  next 

Attending  Mr.  A.  infnvniing  him  tliereof .         .         .         .         .         . 

Paid  refresher  fee  to  hear  judgment 

Atteniling  at  the  bar  of  the  House  this  day,  when  judgment  given 

atUrming  the  judgment  of  the  Court  below,  and  dismissing  this 

appeal  with  costs    .......... 

Having  received  tlie  draft  ju<lgmeiit  fiom  the  cliief  clerk,  i)erusing 

and  considering  same,  and  making  certain  alterations  tlierein 
Attending  the  appellants'  agent  witli  draft  judgment  as  settled  and 

signed  liy  the  agents  for  both  parties      ...... 

Paid  tlie  following  House  fees  : — 

Bar  and  attendance  fees t 

Cause  list 

Judgment 


3     G     8 


0  10 

0  10 

11     0 


1     G 


0  10 


(t  10 


Session  fee  .......... 

Cab  hire,  letters,  and  messengers        ...... 

Drawing  this  bill  of  costs,  and  copy  for  Ta.xing  Otiicer  at  Ix.  Gd.  pe 

foli 

Attending  him  therewith  ........ 

Making  cojiy  of  bill  of  costs  for  the  appellant's  agent,     folios  at  Cid 
Attending  him  therewith  ........ 

Attending  taxing 

Paid  fees  for  taxing   ......... 

Attending  settling  ccsts 


:i    3    0 

1    11     G 


0  10   0 

0   1(»     0 


Pla{ntiff^)i  Costs  of  Hearing  on  Motion  for  Judgment  in  consequence  of  no 

Defence  being  delivered. 

Michaelmas  Sittings,  1879. 

Xove)nher,  1870. 
Drawing  notice  of  motion  for  judgment,  at  per  folio 
Copy  for  service,  at  per  folio,         ,  each 
Service  of  .-iame  on  defendant's  solicitors,  each 
Making  two  copies  of  writ  of  summons  for  the  Judge, 

at  per  folio,  each  ....... 

The  like  copies  of  notice  of  motion  at  per  folio  each 
Tlie  like  copies  of  printed  .statement  of  claim,  at  per 

folio  each 

If  written,  at  per  folio  eadi    ...... 

Attending  the  Judge's  secretary  with  same     . 

Attending  to  set  down  action 

Paid  setting  .same  down  ...... 

Attending  obtaining  consent  of  defendant's  solicitor  to 

mark  action  .short,  each  solicitor         .... 
Attending  on  counsel  for  certiticate  that  action  was  tit 

to  be  heard  as  short,  aiul  on  registrar  to  mark  same    . 


Lower  Scale. 

Higher  Scale. 

£ 

A 

<i. 

JC 

s. 

rf. 

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784  APPENDIX    III. 


Lower  Scale.    Higher  Scale. 


iN(jtice  of  same  Leing  set  down,  copy  and  service    . 
The  like  to  the  solicitors  for  other  defendants 

Instructions  for  Inief 

Drawing  same,  at  per  folio 

Making  2  copies  of  same,  folios      ,  and  notice  of  motion, 

folios,  together        folios,  at  per  folio,  each     . 
The  like  writ  of  summons,  folios      ,  at  per  folio  each   . 
The  like  of  printed  statement  of  claim,  together, 

folios,  at  per  folio  each        ...... 

Tf  printed,  at  per  folio  each    .         ... 

The  like  of  necessary  documents  and  correspondence 

referred  to  in  the  pleadings,  at  per  folio  each     . 
Attending  Mr.  ,  Q.C.,  Avith  brief  and  papers     . 

Paid  fee  to  him  and  clerk 

Attending  Mr.  with  brief  and  papers 

Paid  fee  to  him  and  clerk       ...... 

Attending  Mr.  a]ipointing  consultation     . 

Paid  fee  to  him  and  clerk 

Attending  Mr.  a]ipointing  consultation     . 

Paid  fee  to  him  and  clerk       ...... 

Attending  consultation 

Attending  Court,  action  in  paper  but  not  reached 
Attending  Court,  motion  heard  and  judgment  given 
Or  according  to  circumstances        .         .     _    . 

For  the  subsequent  charges  for  drawing  up  ordei, 
&c.,  see  page  609. 


Defendanfii  Costs  of  Hearing  of  Motion  for  Judgment. 

M icluu'hnas  Sittings,  1S79. 

Kovemher,  1879. 
Attending  to  give  consent  to  action  l^eing  marked  to  be 

heard  as  short 

Instructions  f(;r  brief      ....... 

33rawing  same,  at  per  folio      .         .         .         ... 

Making  two  copies  of  same,        folios,  and  notice  of  m(»- 

tion,         folios,  together,  folios  each,  at  per  folio 

each    .......... 

The  like  writ  of  summons,  at  per  folio  each  . 

The  like  printed  statement  of  claim,  at  per  folio  eacii     . 

If  printed,  at  jjer  folio  each 

The  like  of  necessary  documents  and  correspondence 

referred  to  in  the  pleadings,  at  ])er  folio  each 
Attending  Mr.  ,  (^C,  Mith  bi ief  and  papers      . 

Paid  fee  to  him  and  clerk 

Attending  Mr.  with  brief  and  papers 

Paid  fee  to  him  and  ckrk      ...... 

Atteniling  !Mr.  appointing  consultation     . 

Paid  fee  to  him  and  clerk       ...... 

Atti-ndiiig  ^Ir.                  appointing  consultalinn 
Paid  fee  to  him  and  cleik 


X, 

5. 

a. 

£ 

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Lower  S<-alp. 

HiKlicr  Scale. 

£      s. 

(/. 

JC     I.      </. 

0  13 

4 

0    13      4 

0  10 

0 

0    10     0 

0  13 

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1      1      0 

2     2 

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2     2     0 

i»i:fi:ni)AN't's  costs  ox  Motion  run  juik.mknt.  78.' 


Attfiidin^' consultation 

Attending'  Cuiut,  action  in  ])a|ifr  but  not  rcadit'il  . 
Allciidin^'  Ciiuit,  motion  heard  and  judgment  given 
Or  according  to  circumstances         .         ... 

Fur  the  subscijuent  chaiges,  fur  drawing  up  order, 
&c.,  see  page  009. 


Costs  of  Plaiittijf  OH  Trial  htfurt  an  Official  Referee, 

Triititij  SitiiiKjs,  1879. 
June,  1879. 

Drawing  notice  of  motion  for  tiial  .... 

Or  per  folio    ......... 

Copy  for  service,  at  per  folio 

Service  thereof  on  defendant's  solicitors,  each 

Instructions  for  atlidavit  of  in  support  of  same  . 

Drawing  same,  at  per  folio     ...... 

If  necessary,  charge  for — 

Attending  counsel  with  same  to  settle   .... 

Paid  fee  to  him  and  clerk 

Engrossing  same,  at  per  folio  ..... 

i'rei)aring  exhihit  (if  any),  each 

Attending  dejxinent  to  be  sworn  to  same 

Paid  commissioner  taking  tleponent's  oath     . 

If  exhibit,  paid  him  marking  exhibit,  each     . 

^Making  copy  affidavit  to  be  marked  as  an  office  copy,  at 
jKir  folio      ......... 

Paid  filing  aflidavit 

Paid  for  oliice  ct)py,  at  i>er  iolio      ..... 

Notice  of  tiling  same,  copy  and  service  .... 

The  like  on  solicitors  for  the  other  defendants,  each 
If  affidavit  fded  in  o])position,  charge  for — 

Paid  for  cojty  affidavit  filed  in  opposition,  at  per  folio   . 

Perusing  same,  at  per  folio     ...... 

If  agency,  close  copy,  at  ])er  folio  ..... 

Drawing  brief  for  counsel  to  ajipear  in  supjiort  uf  mo- 
tion, at  per  folio  ....... 

Making   two  cojiies  of  same   for- counsel,  at  per  folio 
each    .......... 

The  like  copies  of  notice  of  motion  for  counsel,  at  per 
ftilio  each    ......... 

*The  like  writ  of  summons,  at  per  folio  each 

*ihe  like  of  printed  st;itement  of  claim  and  pleadings, 
at  jier  folio  each.         ....... 

•*If  written,  at  per  f(dio  each 

(If  items  marketl  *  have  been  charged  before,  they 
will  not  be  allowed.) 

Attending  Mr.  ,  Q.C.,  with  brief  and  papers 

Paid  fee  to  him  and  clerk      ...... 

Attending  Mr.  with  brief  and  pajters 


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3  E 


786  ApPKNnix  J II. 

Lower  Scale.  Higliei-  Scale. 

£     s.     d.  &     s.     d. 

Paid  fee  to  liim  caiul  clerk 466  466 

Attentliug  Mr.                 ai)pointiiig  consultation      .         .068  068 

Paid  fee  to  liim  and  clerk       .         .         .         .         .         .296  296 

Attending  Mr.                appointing  consultation     .         .034  068 

Paid  fee  to  him  and  clerk       .       ' 13     6  13     6 

Attending  consultation 0  13     4  0  13     4 

Drawing  and  engrossing  attidavit  verifying  service  of 

notice  of  motion,  at  per  fdlio  each       .         .         .         .010  010 

Paid  commissioner  taking  deponent's  oath     .         .         .016  016 
Making  copy  of  affidavit  to  be  marked  as  an  olKce  cojw, 

at  per  folio 004  004 

Paid  filing  affidavit 020  020 

Paid  for  office  copy,  at  per  folio 0     0     2  0     0     2 

Attending  Conrt  on  motion  when  order  made        .         .     0  13     4  110 

Or  according  to  circumstances 2     2     0  2     2     0 

Attending  the  registrar  with  brief  and  papers,  and  be- 
speaking draft  firder 068  068 

Close  copy  draft  order,  at  per  folio          .         .         .         .004  004 

Notice  to  settle  same,  copy  and  service  .         .         .         .040  040 

The  like  on  solicitors  for  the  other  defendants,  each       .026  026 

Attending  to  settle  same 068  0134 

Or  at  the  Taxing  Master's  discretion,  not  to  exceed         .110  3     3     0 

Paid  for  order 030  050 

Notice  to  pass  same,  copy  and  service     .         .         .         .040  040 

The  like  on  solicitors  for  the  other  defendants,  eacli       .026  026 

Attending  passing  same 0     6     8  0  13     4 

Sittings  fee 0  15     0  0  15     0 

If  agency,  letters,  &c 0     6     0  0     6     0 


Mir}t((i'biias  SiftiiKjs,  1879. 

Attending  the  registrar  witli  older  when  action  was  re- 
ferred to  Mr.  ,  official  referee. 

Making  copy  order  and  reference  for  tlie  official  lefcne, 
at  per  folio  ........ 

Attending  the  official  referee  with  copy  order,  and  ob- 
taining an  appointment  to  proceed     .... 

Paid  the  official  referee's  fees  ..... 

Notice  of  ajiiiointment  to  proceed,  and  service  thereof 
njion  th(;  ik'fcndant's  solicit(jis    ..... 

Tlie  like  on  the  solicitors  for  the  other  defendants, 
each    •         

^a^fjKCiin  (1(1.  test  ijir(  I  admit  to  attend  before  the  sjiecial 
referee         ......... 

If  more  thaii  4  folios,  for  each  folio  beyond  J 

I'uid  sealing  same 

Copies  of  subprjcna  for  service,  fidios     ,  at  |i(i' I'olio  each     0     0     4 

Service  of  same  on  Mr.  ,  in  Coiuhill 

Service  of  same  on  Mr.  ,  at  ,  four 

miles  from  office  of  the  solicitor         .        ,        .        .070        070 


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Ah    UKFKHKK.       /S/ 

I/iwcr  Scale. 

Iliglicr  Scale 
£     s.     <L 

0     9     0 

0     0     0 

0     3     G 

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0     2 

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PLAINTIFF  S    COSTS    OX    TKIAL    BKI'iUtK    OFITClAh 


Service  of  same  on  ,  at  ,  six  niiles 

from  ollice  of  the  solicitor  ...... 

If  sent  to  af,'eiit  for  service,  cliarj^e — 
AVriting  to  a;^cnt  with  same  for  service  .... 

On  rL'ceipt  of  sul)p( I'ua  duly  served,  writing  to  aycut  with 
amount  of  his  charges  for  service         .... 

Paid  his  cliarges  (post  oilice  order)  .... 

If  plaintiff  has  to  give  evidence,  charge — 
Writing  to  plaintiff  informing  him  i>i  the  appointment 
to  proceeu  .         .         .         .         .         .         •         .     0     3     G 

rrt'puring  notice    of    appointment   before    the   otHtial 

n-ft-ree        ......... 

Services  thereof  on  witnesses,  each  at     . 

If  there  are  any  documents  or  correspondence 
wlijch  hail  not  l)een  admitted  or  produced  during 
the  proceedings  in  the  action,  and  will  l>e  neces- 
saiy  to  ])rove  on  this  reference,  charge  for — 

Notice  to  admit 

Or  per  folio  .         .         .         .         .         .         .         •         . 

For  each    other    copy  such  aUowance  as    the  Taxing 

Master  shall  think  prober,  not  exceeding  per  folio     . 
Service  of  same  upon  each  solicitor        .... 

Drawing  notice  to  produce 

Or  per  folio 

For  each   other  copy,  such   allowance   us  the  Taxing 

Master  shall  think  proper,  not  exceeding  per  folio 
Service  of  same  upon  each  solicitor        .... 
Attending  given  inspection  of  documents  proposed  to  be 

admitted     ......... 

Or  i)or  hour 

Making  fair  copy  notice  to  admit,  at  per  folio 
Attending  defendant's  solicitors  on  their  examining  and 

signing  admissions      ....... 

Perusing  defendant's  notice  to  admit      .... 

Perusing  defendant's  notice  to  ]iroduce  .... 

Notice  to  defendant's  solicitors  of  intention  to  insjiect 

documents,  coj)y  and  service       .         .         .         .         .040         040 

Attending  and   ins])erting  defendant's  documents  pro- 
posed to  be  admitted  ....... 

Or  per  hour    .         .         .         .         .  .         •         • 

Attending  defendant's  solicitor,  examining  and  signing 

their  admissions.         .         .         .         .         .         .         .068         0  13     4 

Instructions  for  brief,  including  attendances  upon  the 

plaintilf  and   different  witnesses,   and    taking   notes 

of  their  evidence  and  ])erusing  documents.     In  some 

actions  £1  \s.  for  taking  notes  of  each  witness  has  been 

alloweil,  and  in  other  actions  more     .... 
Drawing  lirief  and  proofs  of  witnesses,  at  per  folio 
Making  copy  of  same  for  counsel,  at  jier  folio 
Making  copy  of  documents  necessiiry  for  counsel  on  his 

exanunation  and   cross-examination  of   witnesses,  if 

written,  at  per  folio 

If  printed,  at  per  folio  ....... 


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alt'. 

IIif,'hi'r  Sea 

lit- 

£      .-'. 

./. 

£      s. 

d. 

0     6 

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5   10 

0 

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788  AITENDIX    111. 


Attenilinj,'  Mr.  willi  same 

Paid  lee  to  him  and  clerk       ...... 

Attendinj^  Mr.  appoihtiiiL,'  conlorence  with  liim 

Paitl  coutereuce  fee  to  him  and  clerk      .... 

Attending  conference      . 

Attending  otlicial  referee,  when  iilaintills'  witnesses  were 
partly  e.xaniined,  engaged  3  hours       .         .         .         . 

Drawing  further  Lrief  for  counsel,  at  per  folio 

Making  fair  copy  of  same,  at  ])er  fulio    .... 

Attending  Mr.  with  same 

Paid  fee  to  him  and  clerk       ; 

Attending  Lefore  the  official  referee,  Avhen  plaintiffs' 
witnesses  examined  and  cross-examined,  and  defen- 
dant's case  partly  o])ened,  Avhen  same  adjourned,  en- 
gaged 3  honis     ........ 

Sittings  fee 

If  agency,  letters,  &c 

Hilanj  Sittings,  1880. 

Drawing  further  brief  for  counsel,  at  per  folio 

Making  fair  copy  of  same,  at  ])er  iblio    .... 

Attending  Mr.  with  same  ..... 

Paid  fee  to  him  and  clerk       ...... 

Attending  before  olHcial  referee,  when  defendant's  wit- 
nesses  were   examined   and    partly   cross-examined, 

when  same  adjourned,  engaged  2  hours 
Drawing  fuither  brief  for  counsel,  at  per  folio 
Making  fair  copy  of  .same,  at  ])er  folio    .... 

Attending  Mr.  with  f-ame 

]-*aiil  fee  to  him  and  cleik 

Attending  apj'ointment  before  the  oliicial  referee,  when 

the   cro.ss-examination   of  defendant's  witnesses  was 

completed,  engaged  3  hours 110  110 

Attentling    ajipointment    l)ef(jre     tlie    olUcial    referee, 

when  his  re]iort  was  settled         ..... 
On  receipt  of  the  report  of  the  oliicial  referee,  jieiusiiig 

same,  at  ])er  folio .004         004 

Milking  coiiy  of  the  oliicial  rd'cree's  rejKirt,  to  be  marked 

as  an  ollice  copy,  at  per  folio       ..... 
Attending  filing  re]M)rt,  and  for  olficc  cojiy     . 
Paid  for  olfice  co])y,  at  ]ier  folio      ..... 
Notice  of  tiling  same,  copy  and  service  .... 
Tin-  like  on  solicitors  for  other  delendaiils,  each     . 
Drawing  notice  of  judgment  ...... 

Or  ])(;r  folio 

Making  cfipies  cd' .same  for  service,  at  \ht  lulii;  eacli  . 
Service  on  defendant'H  .solicitors,  each  .... 
Making  2  copies  of  notice  of  motion  for  counsel,  at  per 

folio  each    ......... 

Tlie  like  of  rcj)ort  lor  counsel,  at  pci  folio  ea(  ii 

I )rawing  biief  for  counsel,  at  per  folio    .... 

Making  -2  copies  of  same  for  counsel,  at  jier  foli<i  eadi    . 


0 

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J'J.AINTIFF's    fCSTS    ON    'lltlAI.    HKIC'llK    Ol  IK  lAL    lIKFKIIKi:.      T^'.) 


Attiinlili-  Ml.  ,  Q.C,  witli  luli'f  ami  imj..  i> 

I'aiil  fee  ti>  liiiu  ami  i-kik 

Attfiiiliii;,'  Mr.  with  l'riifaii<l  jiaptTs 

I'aid  loo  til  liim  and  oleik        ..... 
Attoiuliug  Mr.  aiiiiointing  consultation 

I'aiil  loo  ti>  liiin  and  dork       ..... 
.Mtomlinj,'  Mr.  appointini,'  cnn.sultalion 

i'aid  foo  to  him  and  ohrk       ..... 
Making  2  ci>\>\c!i  of  notice  of  motion  fnr  tin-  Judgo  an 

regi>trar,  at  jior  folio  each  ..... 
Tho  like  of  ollioial  roforeo'.s  ro]iort,  at  por  folio  each 
Tlio  like  of  tho  i>rintod  .statoniont  of  claim  and  i>loailini 

(if  not  chargoil  liolore),  at  ]ior  folio  each 
If  printed  (if  not  cliargod  hoforo),  at  per  ftdio  each 
Attending  tlio  Judge'.s  secretary  with  .sime     . 
Atten<ling  at  onler  of  course  .>-eat,  ."letting  down  action 

on  motion  for  judgment      ..... 
Taid  fee  on  .setting  .sjinio  chiwu        .... 
Notice  of  .sotting  same  down,  copy  and  service 
'I'lie  like  on  .solicitors  for  the  othor  dofondant.s,  eai  h 
J)rawing  ajid  engrossing  atlidavit,  verifying  .service  of 

notice  of  motion,  and  notice  of  having  set  tlown  action, 

at  per  folio  ........ 

Paid  comniis-sioner  taking  deponent's  oath 

Making  copy  alKdavit  to  he  marked  as  an  ottice  copy,  at 

])or  folio      ......... 

I'aid  tiling  atlidavit 

I'aid  for  otiico  co]>y,  at  per  folio      .         .         .         .         . 

Attending  consultation  ....... 

Attending  Court  on  motion  for  judgment,  s;ime  in  paper 

hut  not  reached  ........ 

Attending  Court  0:1  motion  for  judgment,  when  order 

made  .......... 

Or  according  to  circum.stanccs         .         .         .         .         . 

As    to   sul>so<iuont  cljargos  for  dnnving  up  order, 
taxing  co>t.s,  paying  witne.s.-it.'s,  &c.,  .«ee  pages  .'»H8 
and  000. 
If  there  is  a  view  of  tho  jiremi.ses  neces.sary — 
Attending  view  of  the  jironiises  at  ,  with 

tho  oHicial  refon-e,  surveyors,  and  dofendanVfi  solicitor, 

anil  also  coun.sel,  if  considereil  necets-^ary 

r, lid  railway  fares 

I'.iid  orticial  referee's  foC*  ...... 

I'aid  liis  niilway  pxpi-nses       .... 

I'aid  couiKsol's  foe  for  attending  view      .         .         .         . 


I<<>wer  H<-nlp. 
i;      *.      ./. 

0  (;  8 
.'.  10  0 
8 
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■2  U  () 
(J     3     4 

1  .3     C 


0      ('• 

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0  0 

0  0 

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0  0 
0  2 
0  0 
0  13 


0   13 


0  (5  8 

1  0  0 
0  4  0 
0  -2  (•} 


0     1     0 

0    1    i; 


0  10    0 


liJKlH-riS'al'-. 
L      :      'I. 
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0  0 
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1 


1      1 


0     0 

4     0 

C 


0  0 
0  2 
0  0 
0   13 


0  10     0 


Jliur,  187'.). 

Paid  for  copy  affidavit  of 
motiiui,  at  per  folio     . 


DrJemUmCf  Confg  of  Trial  bffore  an  Ojficial  Eeffree. 
Trinitij  t>iUings,  1879. 

fdctl  in  Fup]  ort  of 


0     0     4 


0     0     4 


790 


APPENDIX   III. 


Perusing  same,  at  per  folio 

If  agency,  close  copy,  at  per  folio 

If  any  affidavit  in  reply,  charge — 

Instructions  for  affidavit  of  .... 

Drawing  same  at  per  folio 

If  necessary,  charge — 

Attending  counsel  with  same  to  settle    .... 

Paid  fee  to  him  and  clerk 

Engrossing  affidavit,  at  per  folio 

Prej^aring  exhibit  (if  any),  each 

Attending  dej^onent  to  he  sworn  to  same 

Paid  commissioner  taking  deponent's  oath 

If  exhibit,  paid  him  marking  exhibit,  each     . 

Making  copy  affidavit  to  be  marked  as  an  office  copy,  at 
per  folio     ......... 

Paid  filing  affidavit 

Paid  for  office  copy,  at  per  folio      ... 

Notice  of  filing  same,  copy  and  service  .... 

The  like  on  solicitors  for  other  defendants,  each     . 

Drawing  brief  for  counsel  in  opposition  to  notice  of  mo- 
tion, at  per  folio 

Making  2  coj^ies  of  same  for  counsel,  at  per  folio  each   . 

The  like  copies  of  notice  of  motion  for  counsel,  at  per 
folio  each 

The  like  writ  of  summons,  at  per  folio  each  (if  not 
charged  before) 

The  like  printed  statement  of  claim  and  pleadings  (if 
not  charged  before),  at  per  folio  .... 

The  like  (if  written  and  not  charged  before)  at  per  folio 

Attending  Mr.  ,  Q.C.,  with  l)rief  and  papers 

Paid  fee  to  him  and  clerk 

Attending  Mr.  with  brief  and  papers 

Paid  fee  to  him  and  clerk 

Attending  Mr.  appointing  consultation 

Paid  fee  to  him  and  clerk 

Attending  Mr.  apj)ointing  consultation 

Paid  fee  to  him  and  clerk 

Attending  consultation 

Attending  Court  on  motion  when  order  made 

Or  according  to  circumstances        .         .         .         .         . 

Close  copy  draft  order,  at  i)er  folio 

Attending  to  settle  same         ...... 

Or  at  the  Taxing  Master's  discretion  not  to  exceed 

Attending  passing  same 

Sittings  fee     ........         . 

If  agency,  letters,  &c.     . 


Low 

31-  Scale. 

Higher  Scale. 

£ 

s. 

d. 

£, 

s. 

d. 

0 

0 

4 

0 

0 

4 

0 

0 

4 

0 

0 

4 

0 

6 

8 

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6 

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6 

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0 

2 

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0 

0 

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2 

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2 

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6 

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6 

8 

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6 

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5 

6 

3 

5 

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6 

8 

0 

6 

8 

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9 

6 

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3 

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6 

8 

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1 

1 

0 

2 

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2 

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0 

0 

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0 

0 

6 

8 

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0 

15 

0 

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0 

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0 

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hower  S( 

£        8. 

•al.-. 

llinlicr  Scale. 

0     6 
0     0 
0     2 
0     0 
0     5 

8 
4 
6 

4 
0 

0 
0 
0 
0 

0 

6     8 
0     4 
5     0 
0     4 
5     0 

DEFEKDAKT's   costs   of   TIUAL   BEiORE   OFFICIAL   REFEREE.      791 

Michael )iias  Sittimjit,  1879. 

Having  been   served   with   notice  of   aiipointment  to 
proceed  before  the  otlicial  referee,  attending  issuing 
suhjyoi^Ki  ad  testijicanduni     ...... 

If  more  than  4  folios,  for  each  folitt  beyond  4 

Paid  sealing  same 

('o2'i<'s  of  subpoena  for  service,  folios     ,  at  per  folio  each 

Service  of  same  on  Mr.  ,  in  Fleet  Street 

Service  of  same  on  Mr.  at  (4  miles  from  the 

solicitor's  office) 070         070 

Service  (if  same  on  Mr.  at  (5  miles  from 

the  solicitor's  (jffice) 080         080 

Attending^issuing  suhpcena  duces  tecum  .  .  .  .068  0  (j  8 
If  more  than  4  folios,  for  each  folio  beyond  4  .  .004  004 
Copy  syhpana  duces  tecum,  for  service,  folios  ,  at 

per  folio 0     0     4        0     (I     4 

Service  of  same  on  Mr.  in  Chancery  Lane  .         .050         (»     5     (J 

If  defendant  has  to  give  evidence,  charge — 
Writing  to   defendant  informing  of  the  appointment 

to  proceed 0     .'}     0         (i     ;i     (? 

.Notice  to  admit  and  copy 0     Ti     0         o     7     (i 

Or  per  folio    .         .         ". 0     0     8         0     14 

For   each  other  coi)y,  such  allowance   as  the   Taxing 

Master  shall  think  proper,  not  exceeding  per  folio  .004  004 
Service  of  same  on  each  solicitor  .  .  .  .  .026  026 
Drawing  notice  to  produce  and  copy       .         .         .         .050         076 

Or  per  folio 008         014 

For  each  other   copy   such   allowance   as   the   Taxing 

Master  shall  think  proper,  not  exceeding  per  folio      .004        004 

Service  of  same  on  each  solicitor 0     2     6         0     2     6 

Attending  plaintiffs  solicitors,  giving  them  inspection 

of  documents  proposed  to  be  admitted         .         .         .068         0  13     4 

Or  per  hour 0     6     8         0     6     8 

Making  copy  notice  to  admit,  at  per  folio  .  .  .004  004 
Attending  jdaintiff's  solicitors  on  their  examining  and 

signing  admissions 0     6     8         0  13     4 

Notice  to   plaintiff's  solicitors  of  intention  to  inspect 
docxmients  in  pursuance  of  notice  to  admit  copy  antl 

service '.         .040         040 

Attending  inspecting  plaintiffs  documents  ]»roposed  to 

be  adnutted 0     6     8         0  13     4 

Or  per  folio 0     6     8         0     (i     8 

Attending  plaintiff's  solicitors,  examining  and  signing 

admissions 0     6     8         0  13     4 

Instructions   for    brief,   including    attendance    on   the 
defendants  and  7  different  witnesses,  taking  notes  of 
their  evidence,  and  jjerusing  several  deeds  and  docu- 
ments .........     8 

Drawing  brief  and  ]>roofs  of  witnesses,  at  per  folio         .     0 
Making  fair  copy  of  same  for  counsel,  at  per  folio  .         .     0 
Making  copy  of  documents  necessary  for  counsel  on  his 
examination  and   cross-examination  of  witnesses,  if 
written,  at  per  folio 004         004 


8 

0 

n 

0     0 

1 

0 

0 

1      0 

0 

4 

0 

0     4 

792 


APPENDIX   Iir. 


If  printed,  at  per  folio 

Attending  I\Ir.  ■with  same 

Paid  fee  to  him  and  clerk       ...... 

Attending  Mr.  appointing  conference 

Paid  conference  fee  to  him  and  clerk     .... 

Attending  conference 

Attending  before  the  official  referee  "when  plaintiff's 
■witnesses  were  partly  examined,  engaged  3  hours 

Drawing  further  brief  for  counsel,  at  per  folio 

Making  fair  copy  of  same,  at  per  folio    . 

Attending  Mr.  Avith  same 

Paid  fee  to  him  and  clerk 

Attending  before  the  official  referee,  when  the  examina- 
tion and  cross-examination  of  plaintiff's  witnesses  was 
completed  and  defendant's  witnesses  were  partly 
examined,  engaged  3  hours 

Sittings  fee     ......... 

If  agency,  letters,  (S:c 


Lower  Scale. 

Higher  Scale. 

£     s. 

a. 

& 

s. 

d. 

0     0 

2 

0 

0 

3 

0     6 

8 

0 

6 

8 

5  10 

0 

5 

10 

0 

0     3 

4 

0 

6 

8 

1     6 

0 

1 

6 

0 

0  13 

4 

0 

13 

4 

1      1 

0 

1 

1 

0 

0     1 

0 

0 

1 

0 

0     0 

4 

0 

0 

4 

0     6 

8 

0 

6 

8 

•2     4 

6 

2 

4 

6 

1      1     0 

1     1 

0 

0  15     0 

0  15 

0 

0     6     0 

0     6 

0 

Hilary  Sittitiys,  1880. 

Drawing  further  brief  for  counsel,  at  per  folio 

Making  fair  copy  of  same,  at  per  folio    .... 

Attending  Mr.  with  same     ..... 

Paid  fee  to  him  and  clerk       ...... 

Attending  before  official  referee,  when  defendant's 
witnesses  were  examined  and  partly  cross-examined, 
engaged  2  hours  ....... 

Drawing  further  brief  for  counsel,  at  per  folio 

Making  fair  copy  of  same,  at  per  folio    .... 

Attending  Mr.  with  same     ..... 

Paid  fee  to  him  and  clerk       ...... 

Attending  ai)pointment  before  the  official  referee,  when 
the  cross-examination  of  defendant's  witnesses  wa.s 
completed,  engaged  3  hours        ..... 

Paid  for  coi>y  report  of  the  official  referee,  at  per  tblio    . 

Perusing  same,  at  per  folio     ...... 

Close  copy,  at  per  folio  ....... 

Making  2  copies  of  notice  of  motion  for  counsel,  at  \)vv 
folio  each    ......... 

The  like  of  report  for  counsel,  at  ])er  folio  each 

Ihawing  brief  for  counsel,  at  j)er  folio    .... 

Making  2  copies  for  counsel,  at  jK-r  folio 

Attending  Mr.  ,  <~)X\,  witli  lirief  and  papers 

Paid  fee  to  him  and  cleik        ...... 

Attending  Mr.  with  brief  and  papers    . 

Paid  fee  to  him  and  clerk 

Attending  Mr.  ajtpointing  consultation 

Paid  feu  to  him  and  clerk       ...... 

Attending  Mr.  appointing  consultation 

Paid  fee  to  him  and  clerk       ...... 


0 

1 

0 

0 

1 

0 

0 

0 

4 

0 

0 

4 

0 

6 

8 

0 

6 

8 

2 

4 

(5 

2 

4 

6 

0 

13 

4 

0 

13 

4 

0 

1 

0 

0 

1 

0 

0 

0 

4 

0 

0 

4 

0 

6 

8 

0 

6 

8 

2 

4 

(5 

2 

4 

6 

1 

1 

0 

1 

1 

0 

0 

0 

4 

0 

0 

4 

0 

0 

4 

0 

0 

4 

0 

0 

4 

0 

0 

4 

0 

0 

4 

0 

0 

4 

0 

0 

4 

0 

0 

4 

0 

1 

0 

0 

1 

0 

0 

0 

4 

0 

0 

4 

0 

() 

8 

0 

13 

4 

5 

10 

0 

5 

10 

0 

0 

() 

8 

0 

6 

8 

;) 

5 

(; 

3 

5 

6 

0 

6 

8 

0 

6 

8 

2 

9 

() 

2 

9 

6 

0 

3 

4 

0 

(5 

8 

1 

3 

(i 

1 

3 

G 

defendant's   costs   of  trial   before   official   REFEItEK.      793 


Lower  Scale.  Higher  Scale. 

Attciuliiig  consultation  .         .           '                                     ^ -.f;    '[■  f    "■    ''• 

AttendinLC   Court   ou   motion   lor  judgment'    san'ie    in           "  "  1-     -1 

paper,  but  not  reached         ...                                0  10     0  n  in     n 

Attending  Court  on  moti.m  for  judgment,  when 'order  uu     0 

made 

Oraccording  to  circumstance!,        ,         .         '.         "         ' 

As  to   subseciuent  charges  for  drawing'  up  orderj 

ta.xing  costs,  paying  witnesses,  &c.,  see  pages  588 


0  13     4         110 
:2     2     0         2     i!     0 


COSTS  OF  OBTAINING  ORDER  OF  COURSE  AT  THE  ROLLS  AND 
COSTS  OF  AMENDMENTS  OF  PLEADINGS. 
Costs  of  Ohlaining  Order  of  Course  at  the  Rolls. 
Drawing  and  engrossing  petition  for  order  appointing 

Mr.                as  guardian  ad  litem  ibr  infant  defendant     0     4     0  0  4  0 

Drawing  and  engrossing  consent  of  Mr.                    and  t»  4  u 

obtaining  his  signature  thereto    .         .                                0     (\     H  n  r  a 

Instructions  for  alh.lavit  in  support  of  the  applicati.m     !     0  6     8  0  (5  8 

Drawing  same,  at  per  folio      .         .         .      '[         .              0     10  0  1  o 

Engrossing  same,  at  per  folio           .                                         O  o     j^  n  n  ? 

Preparing  exhibit   .         .         .         .                 '         "         '     n  ?     ^  o 

Attending  deponent  to  be  sworn  to  same        '.         '         '     o  (i     8  o  r  2 

1  ai.l  commissioner  taking  deponent's  oath  and  markiii.'r  ^^  o  b 

exliibit  ....  "^     0  •">     f 

Making  copy  alHdavit  to  be  ni'arked  as  an  oftire  coin-  at  ^  0  2  G 

per  folio       .         .  A  r>      . 

Paid  tiling  aliidavit         .' o  ?     n  ^  ^  ^ 

Pai.l  for  uthce  copy,  at  per  folio      .         '.         '         '         '     o  n     -I  O  n  o 

Attending  presenting  petition  an.l  afterwards  for  order  .'     0  6     8  0  Vi  1 

Paid  lor  order         ....                                         0  -i     n  - 

Making  copy  for  service,  at  ju'r  folio       .'         '         "         "     n  0     a  n  n  ? 

Service  of  same  on  each  solicit(u-     .                           '         '     0  ■>     r  n  >  • 

Making  copy  order  for  chambers,  at  per  folio         '             0  0     1  0  0  4 


Costs  of  Amendment  of  J]',it. 

Instructions   to    amend    writ    bv   addin^'   C     I)    as   a 
party  .         .   '      .  "  o      •       ■     ■    <■ 

DraNving  and  eng,r..;sing'petiti'onfo'r  leave  to 'ainen'd       .'040         VI    t 
Attending  defendants  solicitors,  obtaining  their  consent  U     4     u 

thereto,  each        .         .  0     f     ^         n 

Attending  to  present  petition 'and  for  order    .'        .'  0     6     8        o  it     ? 

Paid  lor  order  .         .  '     0     T     O         i     '- 

Attending  amendin- writ  at  tiie  Record  and  Vvrit  Clerks  0     o     0 

Oifice  .         .  ^     „     r. 

0     fi     8         0   1.3     4 


owt 

ii-  Scale. 

Higher  Scale. 

£ 

s.     (L 

£     s.      d. 

0 

2     6 

0     2     6 

0 

0     4 

0     0     4 

0 

5     0 

0     5     0 

0 

3 

0 

0 

6 

8 

0 

2 

0 

0 

3 

0 

0 

2 

0 

0 

2 

0 

0 

0 

4 

0 

0 

4 

0 

1 

0 

0 

2 

0 

0 

0 

4 

0 

2 

6 

0 

2 

6 

794  APPENDIX   III. 


Paid  sealing  same •    . 

Copy  amended  writ  for  service,  at  per  folio    .         .         . 

Service  thereof  on  new  defendant 

If  served  more  than  two  miles  from  the  office  of  the 

solicitor  for  each  mile  beyond  the  two         .         .         .010        010 
If  sent  to  an  agent,  charge — 
Writing  to  agent  with  same  for  service           .         .         .036        036 
Paid  his  charges  for  service  of  same,  post-office  order 
Writing  liim  with  same 036        036 

Costs  of  Amendments  of  Statements  of  Claims. 

Preparing  summons  to  amend  statement  of  claim  and 

attending  at  chamhers  to  get  same  sealed     . 
Paid  stamping  same         ....... 

Making  copy  to  leave  at  chamhers  .... 

Or  per  folio 

Copy  for  service 

Or  per  folio •         • 

Service  on  defendant's  solicitors,  each  service 
Attending  summons  before   chief    clerk,   Avhen    order 

made  for  amendment  of  statement  of  claim 
Or  same  at  the  defendant's  request  adjourned  to  the 

Judge,  if  adjourned  to  the  Judge  charge — 
Attending   adjourned  summons  before  the  Judge  when 

order  made •  _       ■ 

(If  the  application  to  amend  statement  of  claim  is 
made  after  the  defendant  has  delivered  his  state- 
ment of  defence,  the  order  for  amendment  is 
generally  made  with  liberty  for  defendant  to 
deliver  his  amended  statement  of  defence  -witlun 
a  certain  time.) 

Paid  f..r  order 0     3     0        0     5     0 

Attending   to    enter    same,   and    afterwards    fcjr   same 

entered        .         .         .         .         •         • 

Instructions  to  amend  statt'meiit  of  claim 

Drawing  amendment       ....... 

Or  per  folio     ......... 

Attending  Mr.  with  same  to  settle     . 

Paid  fee  to  him  and  clerk 

Inserting  amendments  in                   printed  copies  state- 
ment to  serve,  each 

Or  per  folio     .         .         .         .         .         .         .         .         • 

If  ]>riiit('(l,  making  copy  of  amendments  for  the  printer, 

at  per  folio  ........ 

CoiTCcting  proof  of  the  whole,  at  jier  folio 

Paid  printer's  charges  (minus  ,£  received  for  copies) 

Copies  ])rint  for  delivery,  at  ])er  folio  each 

Attending  to  deliver  amended  statement  to  solicitors, 

each .•         •         • 

Coyjy  statement  of  claim   ii'  written  for  service  on  new 

defendant, at  jK-r  folio 

If  printed,  at  per  folio 


0 

6 

8 

0 

6 

8 

0 

6 

8 

0 

13 

4 

0 

5 

0 

0 

10 

0 

0 

1 

0 

0 

1 

0 

0 

3 

4 

0 

6 

8 

1 

3 

6 

1 

3 

6 

0 

1 

0 

0 

ry 

0 

0 

0 

4 

0 

0 

4 

0 

0 

4 

0 

0 

4 

0 

O 

2 

0 

0 

2 

0 

0 

2 

0 

0 

3 

0 

3 

4 

0 

6 

8 

0 

0 

4 

0 

0 

4 

0 

0 

2 

0 

0 

3 

COSTS   or   ArPLKATION   VOW   NAMKS   OF   rAKTKEUS. 


7'.)o 


COSTS  OF  APPLICATION   FOR  NAMES   OF   PAUTNEKS. 

Coitt;  of  Ai>plimti<)n  for  Names  of  I'artncrs  vlio  are  {Plaintiffs  or  Vefendants) 

C()-2i((rtiiiT)i. 


Hilar]]  Hittimjs,  1875). 


for 


to 


laiutiftV 
cause   why  they   sliould  not  upon  oath  state 

at 


or   defendants 
upon  oath 
and    at  tend  in 


Preparing   suninif)ns 

show 

their    christian    and    surnames, 

chanihers  to  get  same  sealed        .... 
Paid  sealing  same  ....... 

Making  co\^\  for  chambers 

Copy  and  service  on  each  solicitor 

Or  per  folio     ........ 

Attending  summons  when  order  niaile 

Clo.se  copy  minutes  of  order,  at  jier  folio 

Notice  to  settle  same,  copy  and  service    . 

The  like  on  the  solicitors  for  other  parties,  each     , 

Attending  to  settle  order 

Paid  for  order         . 

Notice  to  pass  same,  copy  and  service     . 

The  like  on  the  solicitors  for  otlier  parties,  each     . 

Attending  to  pass  same 

Copy  for  service,  at  per  f(  dio  each  .         .         .         , 

Indorsing  •warning,  each 

Service  thereof  on  each  solicitor     .         .         .         , 
Paid  for  copy  attidavit,  at  per  folio 
Perusing  same,  at  per  folio      .         . 
If  agency  close  copy,  at  per  folio     . 

If  no  other  proceedings  in  the  action  durin 
.sittings  in  which  this  order  is  made,  charge — 

Sittings  fee 0 

If  agency,  letters,  &c 0 


Lower  Scale.    Higher  Siialc. 
s.     d.         JC     i.     d. 


tin 


15 
6 


COSTS  OF  A  CREDITOR  OF  PROVIN(i  CLAIM  AVllEX  HIS 
CLAIM  IS  OPPOSED.-COSTS  OF  PROVING  CLAIM  WHEN 
TIME  FOR  CAHRVINc;  IN  CLAIM  HAS  EXPIRED.  —  COSTS 
OF  PROCEEDINGS  TO  DISMISS  ACTION  FOR  "WANT  OF 
PROSECUTION. 

Costs  ofprovinrj  a  Claim  of  a  Creditor  vhcn  his  Claim  is  opjioscd. 
Instruction.s  for  aHidavit  of  ^Ir.  in  su]«port  of  his 

fl'^ii'" 068         068 


Drawing  s{ime,  at  per  folio 
Engrossing  same,  at  per  f  >li< 


'90 


AITENDIX    111. 


Lower  Scale.    Higlier  Scale. 


If  any  exliiljit,  cliarge— 
Making  C(ipy  of  exhibit,  at  per  folio         .... 

Preparing  exhibit 

Attending  deponent  to  be  swcjrn  to  same         .         .         . 
Paid  commissioner  taking  deponent's  oath,  and  marking 

exhibit 

Paid  filing  affidavit • 

Notice  of  filing  same,  copy  and   service  on  iilamtiflss' 

solicitor 

Attending  appointment  before  the  chief  clerk,  when  claim 

allowed 

Letters,  &c.  ....•••■• 
(As  the  creditor's  claim  after  he  has  made  an 
atfidavit  in  support  of  it  is  still  objected  to,  and 
has  sometimes  to  answer  atiidavits  filed  in  oijposi- 
tion  to  it,  the  chief  clerk  will  either  assess  the 
c(»sts  in  chambers  or  give  a  re(iuest  to  the  Taxing 
Master  to  tax  them.) 


0     4     0         0     4     0 


Costs  of  irroviiKj  a  Claim  in  an  Action  ichcrc  time  cxjnrcd. 


Preparing   summons    for   liberty   to   prove   claim 

attending  at  chambers  to  get  same  sealed    . 
Or  at  Taxing  Master's  discretion     .... 

Paid  stamping  same • 

Making  copy  to  leave  at  chambers  .         . 

Or  per  fcilio     .         •         •        .'.       " 
Cojiy  and  service  on  each  solicitor 

Or  per  folio r    i  •      ' 

Instructions  for  affidavit  in  support  ot  claim  . 

Drawing  same,  at  per  folio 

Engi'ossing  same,  at  per  folio  .... 

If  exhibits,  preparing  exliibit,  each 

Attending  deponent  to  be  sworn  to  same 

Paid  conanissioner  taking  deponent's  oath 

Paid  him  marking  exhibit,  each     .... 

Making  copy  afiidavit  to  be  marked  as  an  office  c 

at  i>er  folio 

Paid  tiling  atlidavit  ...... 

Pai<l  I'or  oiiice  copy,  at  per  folio      .... 

Koti<<i  oiiiling  saiiie,  copy  and  service    . 

'J"he  like  on  the  other  solicitors,  each       .  .  . 

Attending  suniiiKms,  whm  order  made  for  claim  t( 

allowed 

If  order  drawn  uj),  chargt^  — 
Close  copv  draft  ordei',  at  i)er  folio 
Notice  to^settle  same,  coi)y  and  service    . 
'J'he  like  on  the  other  solicitors,  each 
Attending  settling  same 
Paid  for  order  ••••.• 

Notice  to  pass  same,  copy  and  service     . 


■re  time 
and 


'vy, 


0  3  0 

0  6  8 

0  2  0 

0  2  0 

0  .3  6 


0  6  8 

0  1  0 

0  0  4 

0  10 

0  6  8 

0  1  6 

0  1  0 


0  0  4 

0  2  0 

0  0  2 

0  4  0 

0  2  6 


0  6  8 

1  1  0 
0  3  0 
0  2  0 
0  0  4 
0  4  6 
0  0  4 
0  6  8 
0  1  0 
0  0  4 
0  1  0 
0  6  8 


0  0  4 

0  2  0 

0  0  2 

0  4  0 

0  2  6 


0 

0 

4 

0     0 

4 

0 

4 

0* 

0     4 

0 

0 

2 

6 

0     2 

6 

0 

6 

8 

0  13 

4 

0 

3 

0 

0     .5 

0 

0 

4 

0 

0     4 

0 

COSTS    OF    PKOVING    A    CLAf.M    WIlKlUi   TIME    KXIMIli:!). 


7D7 


The  like  to  tlie  other  stjlicitors,  eacli 

Attuiuliny  pas.siny  same 

Lt'tteis,  (Sec.     .         .         .         ,         . 


Lower  Scale.  Iliglier  Srale. 

Jt         S.         (I.  £         K.          (/. 

0     2     G  0     2     U 

0     0     8  0  13     4 

0     5     0  0  10     0 


Costs  of  Proceedings  to  dismiss  Action  for  want  of  rroceedings. 

Preparing  summons  for  plaintiff  to  show  cause  why  his 
action  t-huuld  n^t  l>e  dismissed  witli  costs,  he  not 
liavinj,'  served  replication,  or  for  not  obeying' any  order 
made  a<^'ainst  him        ....... 

Or  not  to  e.xceed     ........ 

Paid  stamping  same         ....... 

Making,'  copy  to  leave  at  chambers  .... 

Or  per  folio     ......... 

Copy  and  service  of  same  on  plaintiffs'  S(dicitors     . 

Or  ])er  folio  ........ 

Instructicms  for  affidavit  in  support  of  same  . 

Drawing  same,  at  i)er  folio      ...... 

Engrossing  same,  at  per  folio  ..... 

Attending  deponent  to  be  sworn  to  same 

Paid  commissioner  taking  dei)onent's  oath 

Making  copy  affidavit  to  be  markeil  as  an  otlice  copy,  at 
per  folio       ......... 

Paid  filing  affidavit  

Paid  for  office  copy,  at  per  folio       ..... 

Notice  of  filing  same.  Copy  and  service  .... 

Attending  summons,  when  order  made  dismissing  action 
with  costs    ......... 

Close  copy  draft  order,  at  per  folio  .... 

Notice  to  settle  same,  copy  and  service  .... 

Attending  to  settle  same 

Or  at  the  Taxing  ^Master's  discretion  not  to  exceed 

Paid  for  order 

Notice  to  pass  same,  copy  and  service     .... 

Attending  i)assing  same 

Making  copy  order  for  Taxing  Master,  at  per  folio 
If  action  not  already  refvrred,  charge  — 

Attending  to  get  Taxing  Master  iji  rotation  marked 
As  to  taxation  of  costs,  see  p.  609. 


0 

.3 

0 

0 

G 

8 

0 

G 

8 

I 

1 

0 

0 

2 

0 

0 

3 

0 

0 

2 

0 

0 

2 

0 

0 

0 

4 

0 

3 

G 

0 

4 

G 

0 

0 

4 

0 

G 

8 

0 

G 

8 

0 

1 

0 

0 

1 

0 

0 

0 

4 

0 

0 

4 

0 

G 

8 

0 

G 

8 

0 

1 

G 

0 

I 

6 

0 

0 

4 

0 

0 

4 

0 

'2 

0 

0 

2 

0 

0 

0 

2 

0 

0 

•2 

0 

4 

0 

0 

4 

0 

0 

0 

4 

0 

0 

4 

0 

4 

0 

0 

4 

0 

0 

G 

8 

0 

13 

4 

1 

1 

0 

3 

3 

0 

0 

3 

0 

0 

.") 

0 

0 

4 

0 

0 

4 

0 

0 

G 

8 

0 

13 

4 

0 

0 

4 

0 

0 

4 

0     G     8 


0     G 


0 

13 

4 

0 

5 

0 

0 

1 

8 

0 

13 

4 

0 

5 

0 

0 

0 

4 

0 

5 

0 

798  APPENDIX    JII. 


COSTS   OF   OBTAINING  OEDEK   TO   TAX  SOLICITOR'S  BILL  OF 
COSTS  AND  APPLICANT'S   COSTS   OF  THE   REFERENCE. 

In  the  High  Cot^rt  of  Justice. 

CHANCERY  DIVISION. 
Til  the  matter  of  A.  B.  tD  ('.  P.,  tv:o  Solicitors  of  the  Supreme  Court. 

£      s.     (7. 

June,  1878. 
Attending  Mr.  ,  con  felling  with  liini  respecting  the  bill  of 

costs  of  Messrs.  A.  B.  and  C.  D.,  which  he  had  received,  and  ad- 
vising him  fully  thereon,  when  he  recinested  us  to  obtain  an  order 
to  tax  same  under  the  Solicitors'  Act     .         .         .         .         .         .0134 

If  applicant  an  infant  or  married  woman,  charge  for  Drawing  autlio- 
rity  and  attending  to  obtain  consent  of  Mr.  ,  to  sue  in  his 

name  as  next  friend 

Drawing  petition,  folios  5  ........ 

Engrossing  same        .......... 

Attending   at  the  Rolls  Secretary's  office  to  present  same  and  for 

order      

Paid  for  order    .         .         . 

Making  copy  order  for  service,  at  per  folio 

Service  of  same _       .         •         •         •         • 

Or,  if  served  beyond  two  miles  from  solicitor  s  office,  for  each  mile 

beyond  such  two  extra 010 

If  sent  to  an  agent,  charge — 
AVriting  to  agent  with  same  for  service      .... 
"Writing  to  agent  subsequently  with  amount  of  his  charges 

Paid  his  charges  (post-office  order) 

Attending  to  get  Master  in  rotation  marked 

Making  copy  order  for  the  Taxing  Master,  at  i)er  folio 

^^aking  copy  of  bill  of  costs  directed  to  be  taxed  for  use,  at  per 

folio 

\\'arrant  on  leaving  bill  of  costs,  co])y  and  service     .... 

"Warrant  to  tax  copy,  and  service 

Or  if  sent  to  agent  for  service — 

AVriling  to  agent  with  same 

Subse(juently  writing  to  agent  with  his  charges         .... 

Paid  agent's  charges  (post-olHce  order) 

Paid  for  copy  affidavit  of  Mr,  ,  verifying  account  of  receipts 

and  payments,  at  per  folio      ........ 

Tlie  like  of  account,  at  ]ier  folio         .         .         .         .         . 

Perusing  affidavit  an<l  account,  at  per  folio        ..... 

If  agency,  close  co])y  ......... 

Attending  before  the  ;M aster  taxing  Messrs.  A.  B.  and  C.  D.'s  bill  of 
costs,  and  ])roceeding  on  their  account,  when  same  settled,  at  per 

hour  each 

If  a  sixth  has  been  taxed  oil',  cliarg( — 
Drawing  this  bill  of  costs  and  copy,  at  i)er  folio         .... 

Wairant  on  leaving  co])y  and  service 

Wairant  to  tax  coj)y  and  service 

Attending  taxing  same  for  every  25  folios,  or  liaclii'iial  part     . 


0 

3 

6 

0 

3 

6 

0 

G 

8 

0 

0 

4 

0 

0 

4 

0 

5 

6 

0 

5 

G 

0 

3 

6 

0 

3 

6 

0 

0 

4 

0 

0 

4 

0 

0 

4 

0 

0 

4 

0 

G 

8 

0 

0 

8 

0 

5 

(5 

0 

5 

6 

0 

G 

8 

c 

</. 

1 

■2 

(1 

0 

() 

H 

0 

3 

0 

0 

1.-) 

0 

0 

(J 

0 

COSTS    OK    (>ItI»F:K    TO    'lAX    A    SOLICITOIl's    HIIJ-.  7!*!^ 


Certificate  and  transciibiu;,' 

AttendiiiLj  to  file  same  and  bespeaking  office  co]>y      .... 

Paid  for  ofiice  copy    .......... 

Siltiiig.s  fee 

If  agency,  letters,  &c 

I'jiid  pcr-rentago  on  £  ,  ainniint  <A'  bill  of  costs, 

Messrs.  A.  B.  and  C.  D.    .....         . 

The  like  upon  £            ,  amount  of  this  bill 
The  like  upon  taxing  amount  of  recei])t.s  and  ])ay- 
ments,  £ 


f'lislx  of  ohtaiiiii}(j  an  order  for  Taxation  of  Solicitor's  Bill  of  Costs  irltich  had  been 
delivered  twelve  months  or  which  had  been  paid. 

June,  1878. 

Attending  Mr.  ,  and  coid'eriing  with  him  on  Mr.  'a 

bill  of  costs,  when  he  stated  it  had  been  delivered  to  him  beyontl 
twelve  months,  or  had  been  paid, and  perusing  bill,  and  advising  liim 
that  it  would  be  necessary  to  apply  to  have  same  taxed, as  several 
of  the    charges   were   excessive,  and   taking  his   instructions  to 

do  so 110 

If  applicant  an  infant  or  married  woman,  charge — 

Drawing  authority  and  attending  and  obtaining  consent  of  Mr.  , 

to  sue  in  his  name  as  next  friend  .         .         .         .         .         .         .     0  K3     4 

Preparing  original  summons  and  fair  c<>])y,  anil  attending  at  chambers 
to  get  same  sealed  .......... 

Paid  sealing  same 

Making  copy  of  summons  for  chambers 

Or  per  folio       ........... 

Attending  to  seal  duplicate  and  original  summons,  and  attending  to 
get  co])y  marked  for  service  ........ 

Making  duplicate  to  file  at  Record  and  Writ  Clerk's  Ollice 

Or  at  per  folio  ........... 

Paiil  sealing  duplicate 

Making  copy  summons  to  serve 

Or  at  per  folio 

I'aid  sealing  copy  to  serve 

Service  of  .same  .......... 

If  served  at  a  distance  of  more  than  two  miles  fronx  solicitor's  office 

for  each  mile  beyon<l  .such  two  miles  extra 0     10 

If  sent  to  an  agent,  charge — 

"Writing  to  agent  with  same  for  service 

Subse<iuently  writing  to  agent  with  his  charges 

Paid  his  charges  (post-office  order) 

Drawing  and  engrossing  attidavit,  verifying  service  of  copy  sunnnons 
at  per  folio 0 

Paid  commissioner  taking  deponent's  oath         .         .         .         .         .     " 

Making  copy  affidavit  to  be  marked  as  an  ofiice  copy,  at  per  folio      . 

Paid  tiling  affidavit 

Paid  for  office  copy,  at  per  folio 

Instructions  for  affidavit  of  ,  in  support  of  summons 

(The  Taxing  Master  has  the  power  to  increase  this  allowance.) 


1 

1 

0 

0 

10 

0 

0 

2 

0 

0 

0 

4 

0 

l.i 

4 

0 

•> 

U 

(J 

1) 

4 

0 

r, 

0 

0 

2 

0 

0 

0 

4 

0 

') 

0 

0 

5 

0 

0 

:} 

G 

0 

:i 

U 

0 

1 

0 

0 

1 

(j 

0 

0 

4 

0 

2 

0 

0 

0 

2 

0 

0 

8 

800 


APPENDIX    III. 


Drawing  same,  at  per  folio         .... 
Engrossing  same,  at  per  folio     .... 
Preparing  exhibits  (if  any),  each 
Attending  deponent  to  be  sworn  to  same  . 
Paid  commissioner  taking  deponent's  oath 
Paid  him  marking  exhibits  (if  any),  each  ... 
Making  copy  of  atKdavit  to  be  marked  as  an  office  copy, 
folio       ........ 

Paid  filing  affidavit 

Paid  for  office  copy,  at  per  folio 
Notice  of  filing  same,  copy  and  service 

If  affidavit  filed  in  opposition,  charge — 
Paid  for  copy  affidavit  of  ,  at  per  folio 

Perusing  same  ....... 

If  agency,  close  copy         ..... 

Attending  summons,  when  ordei'  made 
Close  copy  draft  order,  at  per  folio    . 
Notice  to  settle  same,  copy  and  service 

Attending  settling  same 

Or  at  Taxing  Master's  discretion 

Paid  for  order 

Notice  to  pass  same,  copy  and  service 

Attending  passing  same 

(For  making  copy  and  taxing  solicitor  s  costs,  see  previous 


at  per 


£ 

s. 

d. 

0 

1 

0 

0 

0 

4 

0 

1 

0 

0 

6 

8 

0 

1 

6 

0 

1 

0 

0 

0 

4 

0 

2 

0 

0 

0 

2 

0 

4 

0 

0 

0 

4 

0 

0 

4 

0 

0 

4 

0 

0 

4 

0 

4 

0 

0 

13 

4 

3 

3 

0 

0 

5 

0 

0 

4 

0 

0 

13 

4 

bill.) 


summons,  at  per  fol 
irge  for  same) 


lo 


Sulicitor's  Bill  for  Ajrpearinfi  on  an  Orvjinal  Summons,  to  tax  his  Bill  of 
and  the  Costs  nf  the  lieference  when  a  sixth  has  not  been  Taxed  off. 

May,  1878. 
Instructions  to  defend 
Attending  entering  an  appearance      . 
Paid  entering  same    .... 
For  every  person  beyond  the  first 
Notice  thereof,  co]iy  and  service 
Paid  for  copy  affidavit  filed  in  support  of 

Perusing  same 

If  agency,  close  co]>y 

(If  any  affidavit  filed  in  oj)pusition  cl 
Attending  summons,  when  order  nmde 
Close  co})y  draft  order,  at  per  folio    _. 
Notice  to  settle  same,  copy  and  service 
Attending  settling  same     ... 
Or,  at  the  Taxing  Master's  disci etion,  not  to  exceed  . 

Paid  for  order  .         .         . 

Notice  to  j>ass  same,  copy  and  service        .... 

Attending  passing  same 

Attending  solicitor's  bill  of  costs  and  proceeding  upon  account 

same  settled,  at  i)er  hour  eacli 

Drawing  this  bill  of  costs  and  copy,  ;it  per  I'olin 
Warrant  on  leaving  same,  copy  and  service 
Warrant  to  t;ix  same,  copy  and  service       .... 
Attending  taxing  same,  for  every  25  folios  or  IVactional  part 


Costs 


when 


0 

13 

4 

0 

6 

8 

0 

2 

0 

0 

2 

0 

0 

4 

0 

0 

0 

4 

0 

0 

4 

0 

0 

4 

0 

0 

4 

0 

4 

0 

0 

13 

4 

3 

3 

0 

0 

b 

0 

() 

4 

0 

0 

13 

4 

0 

6 

8 

0 

0 

8 

0 

5 

6 

0 

5 

6 

0 

0 

8 

COSTS    OF    ol{l>Kn    TO    'I'AX    SOI.K'ITOU  s    J5II,I;. 


801 


Sittings  lee 

If  agency,  letters,  &c. 

Paid  per  centage  on  £ 

taxed         

Paid  per  centage  upon  £  ,  amount  of  this  bill 

Paid  per  centage  on  taking  accounts  (£        ) 


,  amount  of  costs  as 


£  s.  (/. 
0  15  0 
0     G     0 


Costs  of  Motion  to  Commit  for  non-ddicery  of  Costs  and  Account  in  Pursuance  of 

Order. 


In  the  matter  of 


,  a  solicitor  of  the  Supreme  Court. 


Michaelmas  Sittings,  1879. 
1879.  November. 

Drawing  notice  of  motion  to  commit 

Or  per  iolio        .......... 

Making  copy  for  service,  at  per  folio 

Service  of  same  ......... 

Or  if  beyond  2  miles  from  the  solicitors,  for  each  mile  beyond  sucl 

two  miles,  extra     ......... 

If  sent  to  an  agent  for  service,  charge         ..... 

Writing  to  agent  with  same       ....... 

Subsequently  writing  to  agent  with  his  charges 

Paid  his  charges  (post-office  order) 

Drawing  and  engrossing  affidavit  of  service  of  order  for  delivery  anc 

taxation  of  bill,  at  per  fjlio    ....... 

Preparing  exhibits  (if  any),  each 

Paid  Commissioner  taking  deponent's  oath        .... 

Paid  him  marking  exhibits  (it  any)  each   ..... 

flaking  copy  affidavit  to  be  marked  as  an  office  copy,  at  per  folio 
Paid  filing  affidavit    ......... 

Paid  for  office  copy,  at  per  folio  ...... 

Drawing  and  engros.sing  athdavit,  verifying  service  of  copy  notice  o 

motion,  at  per  folio         ........ 

Paid  Commissioner  taking  deponent's  oath         .... 

Making  copy  affidavit  to  be  marked  as  an  office  copy,  at  per  folio 

Paid  filing  affidavit . 

Paid  for  office  copy,  at  ]"»er  folio_ 
Instructions  for  affidavit  of 

motion  ....... 

Drawing  same,  at  per  folio 

Engrossing  same,  at  per  folio 

Preparing  exhibits  (if  any),  each 

Attending  deponent  to  be  sworn  to  same 

Paid  Commi-ssioner  taking  dejxiiient's  oath         .... 

Paid  him  marking  exhibits  (if  any),  each 

Making  copy  affidavit  to  be  marked  as  an  office  copy,  fit  per  folio 
Paid  filing  affidavit .        . 


support  of  notice  o 


0 

5 

0 

0 

0 

4 

0 

0 

4 

0 

5 

0 

0 

1 

0 

0 

3 

G 

0 

3 

G 

0 

1 

0 

0 

1 

0 

0 

1 

G 

0 

1 

0 

0 

0 

4 

0 

2 

0 

0 

0 

2 

0 

1 

0 

0 

1 

G 

0 

0 

4 

0 

2 

0 

0 

0 

2 

0 

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8 

0 

1 

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0 

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4 

0 

1 

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0 

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8 

0 

1 

(•» 

0 

1 

0 

(1 

0 

4 

0 

2 

0 

802 


APPENDIX    IIT. 


Paid  for  office  copy,  at  per  folio         ....... 

Notice  of  liling  same,  copy  and  service      .         .         .         .         .        . 

Drawing  brief  for  counsel  to  appear  in  support  of  notice  of  motion, 
at  per  folio    ...  .  .        .        . 

^Making  copy  thereof,  folios  ,  notice,  folios  ,  affidavit  in 

support,  folios  ;  exhibits  (if  any),  folios  ;  and  order  for 

delivery  of  hill  of  costs,  folios  ;  together  folios  for  counsel,  at 
per  folio         ........... 

Attending  Mr.  with  same 

Paid  fee  to  him  and  clerk  ........ 

Attending  Court  when,  on  motion  being  called  on,  Mr.  , 

counsel  for  Mr.  ,  requesting  further  time  to  answer 

applicant's  affidavit,  when  niotion  was  ordered  to  stand  over  until 
next  motion  day    ...         ....... 


£  s.  d. 

0  0  2 

0  4  0 

0  1  0 


0  0  4 
0  6  8 
3     5     (5 


0  13     4 


,  at  per  folio 


folio 


December. 
Paid  for  copy  affidavit  of 
Perusing  same,  at  per  folio 
If  agency,  close  copy 

Making  brief  of  the  affidavit  for  counsel,  at  per 
Attending  Mr.  Avith  same 

Paid  fee  to  him  and  clerk . 
Attending  him  with  same ... 
Attending  Court  on  adjourned  motion,  when  order  made  f 

attachment  order  not  to  be  drawn  iip  for  day 

.30.  Attending  the  Registrar  with  brief  and  papers  bespeaking 

order      

Close  copy  draft  order,  at  per  folio     ..... 
Notice  to  settle  same,  copy  and  service     .... 

Attendmg  settling  same 

Paid  for  order 

Notice  to  pass  same,  copy  and  service        .... 

Attending  passing  same 

I'reparing  writ  of  attachment,  and  attending  to  get  same  scale 

Paid  sealing  same 

Attending  lodging  same  with  Mr.  ,  the  undersheriff 

Paid  for  warrant 

Making  copy  order  for  the  Taxing  Master,  at  per  foli 
Attending  to  get  Master  in  rotation  marked 
Charges  for  taxation,  &c.,  as  in  page  798. 


draft 


0 

0 

4 

0 

0 

4 

0 

0 

4 

0 

0 

4 

0 

6 

8 

2 

4 

6 

0 

6 

8 

1     1     0 


0 

6 

8 

0 

0 

4 

0 

4 

0 

0 

13 

4 

0 

5 

0 

0 

4 

0 

0 

13 

4 

0 

10 

0 

0 

10 

0 

0 

0 

8 

0 

0 

4 

0 

6 

8 

PETlTKtNERs'    COSTS   OF  APrOINTMENT   OF   NEW   TRUSTEES.      803 

PKTITIONERS'  COSTS  OF  APPOINTMENT  OF  NEW   TRUSTEES. 
In  the  High  Colut  of  Justice. 

CHANCERY  DIVISION. 

In  the  matter  of  the  Trusts  of  (he  IVill  of  deceased, 

AND 
In  the  matter  of  the  Trustee  Act,  1850,  and  of  (he  Act  lo  <£■  16   Vict.  c.  55, 
entitled  ''An  Act  to  Extend  the  Provisions  of  the  Trustee  Act,  1850." 

The  Bill  of  Costs  and  Expenses  of  the  Petitioners  of  and  relating  to  the  ap- 
plication to  be  taxed  in  pursuance  made  in  the  above-named  matters  on  the 
day  of  1879. 


Hilar]]  Sittings,  1879. 


Lower  :?(alp.    Higher  Scale. 
£     «.      d.         £.     s.     d. 


1879.     Januartj. 
Attending  Mr.  A.  B.,  Avlieii  he  informed  us  the  nature  of 

this  ca.-^e,  by  which  it  ajipeared  the  tiaistees  under  de- 
ceased's will  had  renounced,  and  in  consequence  the 

trusts  for  sale  of  the  liouse  at  couhl  not  be 

carried  out,  and  tliat  the  deeds  of  the  property  and 

the  will  of  testator  were  in  the  liands  of  Mr.  C.  D., 

who  had  refused  to  move  in  the  matter,  and  receiving 

instructions  to  see  Mr.  ou  same         .         .         .     0     (J     8        0     G     8 

Subsequently,  Mr.  CD.,  and  conferring  with  him  thereon     0     0     8        0     0     8 
.30.  Attending  Mr.  C.  D.  on  his  handing  over  tlie  deeds 

of  the  property,  and  giving  him  a  receipt  for  same, 

and  consulting  with  him  as  to  the  position  of  the 

estate 0(!8        0G8 

Attending  Mr.  A.  B.,  informing  him  that  we  had  received 

the  deeds  from  Mr.  C.  D.,  and  requesting  him  to  send 

the  other  parties  entitled  under  the  will  to  sign  a 

retainer,  ami  instruct  us  in  the  matter         .         .  °      .     0     G     8         0     G     8 
31.  Attending  Mr.  and  Mrs.  G.  F.,  Mr.  and  Mrs.  G.  H.', 

and  Mrs.  J.,  on  their  signing  retainer,  and  requesting 

the  trusts  of  the  will  should  be  carried  out        .        .008        0    G    8 

Fchruo.rii. 

Attending  Mr.  J.,  the  husband  of  one  of  tlie  ]iarties  en- 
titled under  the  will,  as  to  liis  consenting  to  a  sale 
being  made,  and  on  his  signing  the  retainer        .        .     0    G     8        0    G     8 

Drawing  case  for  counsel  to  advise  on,  at  per  folio         .010         010 

Making  lair  copy  of  same  for  counsel,  at  per  folio  .004        004 

:Making  copy  of  will  of  testator  to  accompany  same,  at 
per  tolio 


0     0     4         0     0     4 


March. 
Attending  Mr.  with 

Paid  fee  to  him  and  clerk 


0     3     4 

0     G 

8 

1     3     G 

1     3 

G 

80  i  AITEXDIX    III. 


Lower  Scale.  Hi^'her  Scale. 

£     s.      J.  £.     s.      d. 

0     0    4  0     0     4 

0     6     8  0  13     4 

0     G     8  0  13     4 

0     C     8  0  13     4 


0     0     4         0     0     4 


2D    Makin  '  close  copy  of  couusd's  opinion,  at  per  folio 
24.  Attencfing  Mr.  A.  B.,  reading  over  to  him  counsel's 

opinion,  and  conferring  with  hini  as  to  the  steps  that 

should  be  taken 

1879.     March  25. 

Instructions  for  petition  .         .         •         •         •         • 

If  petitioner  is  an  infant  or  married  woman  charge 

Drawin"  consent  of  next  friend  to  act,  and  attending  to 

get  same  signed nio        0     10 

Drawing  same,  at  per  folio     .         .         ■    ^    ~       ;.,.     "     ^     «     q         n     «     8 
Attending  Mr.  Avith  same,  to  settle  dratt  petition      0     6     8        »     »     « 

Paid  fee  to  him  and  clerk       .         .         .         •       .\    ,  r     ^     "^     ^         3     5b 
On  receipt  of  draft  petition  settled  by  counsel  with  his 

opinion  on  same,  making  close  copy  of  his  opinion,  at 

per  folio      ....••••• 

April. 
Attending  Mr.  on  liis  calling  and  stating  that  he 

pui-chased  the  share  of  the  testator's  widow,  and  that 
he  was  willing  to  concur  in  the  petition  for  the  ap- 
pointment of  new  trustees,  and  requesting  him  to 
produce  the  deed  assigning  the  share,  which  he  pro- 
mised to  do  .....••• 

McDJ. 

1.  Mr.  having  failed  to  produce  the  deed,  writing 

and  iuforiuing  him  he  was  delaying  the  matter  . 
Subsequently  attending  Mr.  on  his  calling  and 

producing' the  deed  assigning  the  share  of  the  testator's 

widow  to  him— Perusing  assignment  and  conferring 

with  him  on  his  giving  us  the  further  information  we 

required 

On  receipt  of  further  instructions  in  answer  to  counsel  s 

opinion,  attending  Mr.  with  same  to  revise 

draft  petition 

Paid  fee  to  him  and  clerk 

Engrossing  petition,  at  per  folio     .         ... 
!*Iaking  copy  petition  for  the  Judge,  at  per  folio     . 

,],d,j. 
Preparing  certificate  of  lower  scale,  attending  filing  same, 

and  for  office  copy 

Paid  stamping  petition • 

Attending    to   present   same    and   afterwards    for  same 

answered    .         .         .         •         •         • 
Copy  petition  for  service,  at.  per  folio     .... 

Service  of  same ."     r  ' 

Or  if  beyond  2  miles  from  the  solicitor'.s  oflice,  for  eacli 

mile  beyond  the  2 


0     6     8        0    6     8 


0     3     6         0     3     6 


0     6     8         0  13     4 


0  3  4  0  6  8 

1  3  6  1  3  6 
0  0  4  0  0  4 
0  0  4  0  0  4 


0 

5 

0 

0 

5 

0 

1 

0 

0 

0 

6 

8 

0 

6 

8 

0 

0 

4 

0 

0 

4 

0 

5 

0 

0 

5 

0 

0     10         0     10 


rETITIONEK.-s'    fCsTS    01"    Al'I'olNTMEN'r    OV    NKW    TUU^^TKE^ 


SO.') 


Lower  Scale 


If  sent  to  agent  for  service,  charj^e         .         .        •.         . 

Writing  to  agent  with  original  petition  and  copy  for 
service        ......... 

On  receipt  of  original  petition  duly  endorsed  as  to  ser- 
vice of  same,  writing  to  agent  with  his  char;:es  for 
service  of  same  ........ 

Paid  his  charges  (post  office  order)  .... 

Drawing  and  engrossing  atHdavit  verifying  service  of 
petition,  at  per  folio 

Preparing  exhibit  ........ 

Paid  commissit)ner  taking  deponent's  oath  and  marking 
exhibit 

Drawing  consents  of  new  trustees  to  act,  at  per  folio 

Attending  Mr.  ,  one  of  the  proposed  trustees, 

obtaining  and  attesting  his  signature  thereto 

The  like  on  Mr.  

Instructions  for  aflBdavit  verifying  fitness  of  the  pro- 
posed trustees     ..... 

Drawing  same,  at  per  folio 

Engrossing  same,  at  per  folio 

Attending  de])onent  to  be  sworn  to  same 

Paid  commissioner  taking  deponent's  oath 

Making  copy  atiiilavit  to  be  marked  as  an  office  copy, 
at  per  folio  ..... 

Paid  filing  affidavit         .... 

Paid  for  office  copy,  at  jicr  folio 

Drawing  affidavit  of  verifying  signature  to  consent,  at 
per  folio      ...... 

Engrossing  same,  at  per  folio 

Preparing  exhibit  ..... 

Attending  deponent  sworn  to  same 

Paid  commissioner  taking  deponent's  oath  ami  marking 
exhibit 

Making  copy  of  affidavit  to  be  marked  as  an  office  copy, 
at  per  folio  ..... 

Paid  tiling  affidavit         .... 

Paid  for  office  copy,  at  per  folio 

lnstructi(jns  fur  atlidavit  verifying  petition 

Drawing  same,  at  jier  folio 

Engrossing  same,  at  per  folio 

Preparing  exhibits  (if  any),  each    . 

Attending  deponent  to  be  sworn  to  same 

Paid  commissioner  taking  deponent's  oath 

Paid  him  marking  exhibits  (if  any),  each 

Notice  of  filing  these  atijdavits,  ropy  and  service  of  same 

The  like  on  solicitors  for  other  parties,  each 

Sittings  fee     . 

If  agency,  letters,  &c 


0     .3     () 


0     3     (> 


0     1  0 
Old 

0  2  0 

0  0  4 

0  n  a 

0  (3  8 

0  (!  8 

0      1  O 

0  0  4 

0  «  8 

0     1  6 

0     0  4 

0-2  0 
0     0-2 


0  1 

0  0 

0  1 

0  (3 


0  2  (i 

0  0  4 

0  2  0 

0  0  2 

0  6  8 

0  1  0 

0  0 

0  1 


4 
0 
0     6     8 


0  1  6 

0  1  0 

0  4  0 

0  2  6 

0  l.T  0 

0  6  0 


IIi».')ier  Srali* 
i      ..-.      .1. 


0     3     <) 


0     3     6 


0     1 
0     1 


0     0 
0     2 


0  0 

0  2 

0  0 

0  6 

0  1 

0  0 

0  1 

0  6 

0  1 

0  1 

0  4 

0  2 

0  1.-1 


0  2  6 

0  0  4 

0  6  8 

0  6  8 

0  6  8 

o  1  0 

O  (I  4 

0  (i  S 

0  1  6 


0     0     2 


0  1  0 

0  0  4 

0  1  0 

0  (3  8 


0     2     6 


(t     6     0 


Lower  Scale. 
£     s.     d. 

Higher  Scale 
£     s.     d. 

0     6 

0     7 

8 
2 

0 
0 

6  8 

7  2 

0     6 
0     1 
0     0 

0     2 
0     6 

8 
0 
4 
0 

8 

0 
0 
0 
0 
0 

6     8 

1  0 
0     4 

2  0 
6     8 

0     0     4 

0 

0 

4 

0     2     0 

0 

2 

0 

0     0     2 

0 

0 

2 

806  APPENDIX  in. 


Easter  Sittings,  1879. 

Attending  at  Somerset  House  searching  for  and  bespeak- 
ing certificates   of    death   of    the   trustees    engaged 

one  hour 0 

Paid  for  searching  and  2  certificates       .... 
Instructions  for  affidavit  identifying  certificates  of  deaths 

of  trustees  ...         

Drawing  same,  at  per  folio 

Engrossing  same,  at  per  folio  ..... 

Preparing  2  exhibits 

Attending  dej)onent  to  be  sworn  to  same 

Paid  commissioner  taking  deponent's  oath  and  marking 

exhibits 036         036 

Making  copy  affidavit  to  be  marked  as  an  office  copy,  at 

per  folio 

Paid  filing  affidavit        ....... 

Paid  for  office  copy,  at  per  folio 

The  deed  poll  executed  by  and  ,  who 

were  the  executors  of  deceased  (who  was  the 

surviving  trustee  of  the  testator),  having  been  pre- 
pared by  Mr.  ,  of  ,  solicitor,  and 
attested  by  one  of  his  clients  attending  him  for  the 
present  address  of  the  attesting  witnesses  when  he 
undertook  to  obtain  an  affidavit  from  his  client,  Mr. 
,  wlio  was  one  of  the  Avitnesses  as  to  the  exe- 
cution of  the  deed  by                  ,  and  on  his  giving  us 

information  as  to  the  other  attesting  witness      .         .068        068 
Drawijig  affidavit  of  verifying  execution  of  dis- 

claimer by  ,  at  per  folio        .... 

Engrossing  same,  at  per  folio         ..... 

Preparing  exhibit  ....... 

Attending  Mr.  on  his  handing  us  afKdavit  duly 

sworn  by  his  client,  and  on  his  giving  us  the  address 
of  the  other  witness  .         .'        .         .         .         .068        06 

Paid  his  charges  ........ 

Making  copy  affidavit  to  be  marked  as  an  office  copy,  at 
])er  folio  ......... 

Paid  filing  affidavit       ....... 

Paid  for  office  copy  affidavit,  at  per  folio 

Writing  to  Mr.  at  tlie  address  given  us  by  Mr. 

,  to  know  if  he  was  the  attesting  witness  to 

the  deed  of  disclaimer 0     3     6        0     3     6 

On  receipt  of  letter  from  'Mr.  stating  that  he 

was  willing  to  make  tlie  rerpiired  aflidavit,  drawing 

same,  at  per  folio 

Engrossing  same,  at  per  folio  ...... 

Preparing  exhibit 

Clerk's  journey  to  g'^jbig  through  the  affidavit 

with  Mr.  ,  and  afterwards  with  him  before  a 

commissioner  to  be  swoiii  to  same      .... 


0 

1 

0 

0 

1 

0 

0 

0 

4 

0 

0 

4 

0 

1 

0 

0 

1 

0 

0     0     4 

0 

0     4 

0     2     0 

0 

2     0 

0 

0     2 

0 

1     0 

0 

1 

0 

0 

0     4 

0 

0 

4 

0 

I     0 

0 

1 

0 

petitioners'  costs  of  appointmekt  of  new  trustees.    iS()7 


Paid  comini.fsioncr  taking  deponent's  oatli  and  marking 
exhibit •         •         " 

Paid  railway  fare  and  expenses  to  and  from 

Making  copy  atlidavit  to  be  marked  as  an  office  copy,  at 
per  tulio 

Paid  liling  allidavit 

Paid  for  ottioe  copy,  at  per  folio 

Notice  of  tiling  same  copy  and  service  .... 

The  like  on  solicitors  for  other  parties,  each  . 

(If  any  aliidavits  fded  in  opposition)  charge  . 

Paid  for  copy  athdavit  of  ,  filed  on  behalf  of  re- 
spondent, at  per  folio 

Perusing  same 

If  agency,  close  copy •         • 

Drawing  brief  for  counsel  to  appear  in  .support  of  peti- 
tion, at  per  folio 

JIaking  2  brief  copies  of  same,  folio         ,  petition,  folio 
,  affidavit  in  support  of  same,  folio         ,  affidavits 
in  opposition,  folio  ,  and  exhibits,  folio  ,  for 

counsel  together,        folios  each,  at  per  folio  each 

Attending  Mr.  ,  Q.C.,  with  same  .... 

Paid  fee  to  him  and  clerk 

Attending  Mr.  with  same 

Paid  fee  to  him  and  clerk 

Attending  Mr.  appointing  consultation 

Paid  fee  to  him  and  clerk      .         .         .         . 

Attending  ^Ir.  appointing  consultation 

Paid  fee  to  him  and  clei-k       .         .         .         ... 

Attending  respondents  on  their  calling,  conferring  with 
them  as  to  the  amendments  which  they  required  in 
the  petition 

Attencling  consultation  with  counsel,  Avhen  it  was  ar- 
ranged that  on  the  hearing  of  the  petition  that  an 
order  shuuld  be  made  subject  to  petition  being 
amended  as  refjuirod  by  the  respondents'  solicitors     . 

Attending  Court,  petition  in  paper,  but  not  reached 

Attending  Court  tnis  day,  when  petition  heard  and  order 
made  subject  to  petition  being  amended  as  requested 

Or  according  to  circumstances,  not  to  exceed  . 

Drawing  amendments  to  petition,  at  per  folio 

Attending  Mr.  with  same  to  settle  same    . 

Paid  fee  to  him  and  clerk 

Attending  the  Master  of  Rolls'  Secretary  on  his  amend- 
ing petition 

Attending  the  Registrar  with  brief  and  pai)crs,  and  be- 
speaking draft  order  ....... 

Close  copy  draft  order,  at  per  folio         .... 

Notice  to'settle  same,  copy  and  service  .... 

The  like  upon  solicitors  after  the  first,  each    . 

Attending  settling  same 

Or  at  Taxing  Master's  discretion,  not  to  exceed 

Paid  for  order 

If  ..rder  printed,  charge 


Lower  Scale. 
&     s.     il. 

0     2     (5 


Higher  Rente. 
£     s.     (/. 

0      2      0 


0 

0 

4 

0 

0 

4 

0 

2 

0 

0 

2 

0 

0 

0 

2 

0 

0 

2 

0 

4 

0 

0 

4 

0 

0 

2 

U 

0 

2 

G 

0 

0 

4 

0 

0 

4 

0 

0 

4 

0 

0 

4 

0 

0 

4 

0 

0 

4 

0     10        0     10 


0 

0 

4 

0  0 

4 

0 

6 

8 

0  13 

4 

8 

13 

0 

8  13 

0 

0 

6 

8 

0  13 

4 

6 

11 

0 

6  11 

0 

0 

6 

8 

0  6 

8 

2 

9 

6 

2  9 

6 

0 

3 

4 

0  () 

8 

1 

3 

6 

1  3 

6 

0     6     8 


0     0     8 


0     6     8 


0 

13 

4 

0 

13 

4 

0 

6 

8 

0 

10 

0 

0 

13 

4 

1 

1 

0 

1 

1 

0 

2 

2 

0 

0 

1 

0 

0 

1 

0 

0 

3 

4 

0 

G 

8 

1 

3 

G 

1 

3 

6 

0     G     8 


0 

6 

8 

0  G 

8 

0 

0 

4 

0  0 

4 

0 

4 

0 

0  4 

0 

0 

2 

G 

0  2 

G 

0 

6 

8 

0  13 

4 

1 

1 

0 

3  3 

0 

0 

10 

0 

1  0 

0 

SOS 


APPENDIX    III. 


Attending,  examining,  and  correcting  proof  . 
Notice  to  pass  same,  copy  and  service    . 
The  like  upon  solicitors  after  the  first,  each   . 
Attending  at  Somerset  House  with  order  for  t\\ 

noting  stamps  of  10s.  each  to  be  impressed 

Paid  stamping  same 

Attending  to  pass  order  .... 

If  some  of  the  assets  are  invested  in  stock,  charge 

Attending  to  bespeak,  and  for  office  copy,  order  to  lodge 

at  the  Bank  of  England     ...... 

Paid  for  same,  at  per  folio      ...... 

Attending  at  the  Bank  of  England  with  order  and  office 

copy,  and  lodging  same  for  examination 
Attending  at  the  Bank  bespeaking  power  of  attorney  for 

transfer  of  stock,  and  afterwards  for  same  . 
Paid  for  power       ........ 

Attending  Mr.              ,  attesting  and  witnessing  his  exe- 
cution of  same 

The  like  Mr.  

Attending  at  the  Bank,  lodging  power   .         .         .         . 

Attending  the  broker  instructing  him  to  transfer  stock 
Writing  to  the  broker  with  amount  of  his  charges 
Paid  him         ......... 

Attending  with  order  for  Ta.ving  Master  in  rotation  to 

be  marked  ......... 

Making  copy  order  for  the  Taxing  Master,  at  per  folio  . 
Drawing  bill  of  costs  and  copy,  at  per  folio    . 
Warrant  on  leaving  copy  and  service     .         .         .         . 

AVarrant  to  tax  copy  and  service     ..... 

Attending  taxing  same,  at  per  25  folios  or  fractional 

part 

Paid  for  copy  costs  of  respondent,  at  per  folio 

Attending  taxing  same   . 

Certiticate  and  transcribing    ...... 

Attending  to  file  same,  and  getting  office  copy  marked  . 

Paid  for  office  copy 

Sittings  fee     ......... 

If  agency,  letters,  &c 

Letters,  messengers,  &c. 


Low 

sr  Scale. 

Higher  Scale. 

£ 

s. 

d. 

£,     s.     rf. 

0 

6 

8 

0     6     8 

0 

4 

0 

0     4     0 

0 

2 

6 

0     2     6 

vo  de- 

, 

0 

6 

8 

0     6     8 

^ 

1 

0 

0 

1     0     0 

. 

0 

6 

8 

0  13     4 

0 

0 

G 

0 

0 

6 

0 

6 

8 

0 

6 

8 

0 

6 

8 

0 

6 

8 

0 

6 

8 

0 

6 

8 

0 

6 

8 

0 

6 

8 

0 

6 

8 

0 

6 

8 

0 

6 

8 

0 

6 

8 

0 

3 

6 

0 

3 

6 

0 

6 

8 

0 

6 

8 

0 

0 

4 

0 

0 

4 

0 

0 

8 

0 

0 

8 

0 

4 

6 

0 

5 

6 

0 

4 

6 

0 

5 

6 

0 

6 

8 

0 

6 

8 

0 

0 

4 

0 

0 

4 

0 

2 

0 

1 

2 

0 

0 

6 

8 

0 

6 

8 

0 

3 

0 

0 

3 

0 

0 

15 

0 

0 

15 

0 

0 

6 

0 

0 

6 

0 

1 

1 

0 

2 

2 

0 

Responde/nh'  Ousts  of  appearing  on  Pdition  for  Appointment  of  Xew  Trustees. 

Hilary  Sittings,  1879. 
1879.     January. 

Instructions  to  defend 068        0134 

If  the  respondent  is  an  infant  or  married  woman,  charge 

Drawing  consent  of  next  friend  to  act,  and  attending  to 

get  same  signed 068        0134 

Paid  f(jr  copies  of  affidavits  filed  on  behalf  of  the  peti- 
tioners, at  p<r  fidio,  each     004         004 


RESPOKKKNTS     COSTS   OF   AProINTMKXT   OF   NEW   TRUSTEES.       809 


Perusing  saino,  at  per  folio  each 

Paid  for  copy  exhibits  (if  any),  at  per  folio  each    . 
If  agency  close  copy  affidavits  and  exhibits,  at  per  AjHo 
each    .......... 

Sittings  fee     .         . 

If  agency,  letters,  &c 


Lower  Scalf. 
£     ft.      </. 
0     0     4 
0     0     4 

HiKher  Scaln. 
£  .1.  it 
0  0  4 
0     0     4 

0     0 
0   1,-) 
0     6 

4 

0 
0 

0  0  4 
0  1.-)  0 
0     6     0 

Easier  Sittings,  1879. 

If  any  affidavits  filed  in  opposition,  charge     . 

Instructions  for  alhdavit  of  

Drawing  same,  at  jier  folio     ...... 

Engrossing  same,  at  per  folio  ..... 

Preparing  exhibits  (if  any),  each   ..... 

Attending  deponent  to  be  sworn  to  same 

Paid  commissioner  taking  deponent's  oath 

Paid  him  marking  exhibits,  each    ..... 

Making  copy  affidavit  to  be  markid  as  an  office  copy,  at 
per  folio 

Paid  filing  affidavit 

Paid  for  office  copy,  at  per  folio      ..... 

Notice  of  filing  same  copy  and  service  .... 

The  like  upon  solicitors  after  the  first,  each  . 

Drawing  brief  for  counsel  to  appear  in  support  of  ]ieti- 
tion,  at  per  folio  ....... 

Making  2  brief  copies  of  same,  folio        ,  petition,  folio 
,  affidavits  in  support  of  same,  folio       ,  affidavits 
in  opposition,  folio  ,  and  exhibits,  folio  ,  for 

counsel  together        folios  each,  at  ])er  folio  each 

Attending  Mr.  .  Q.C.,  with  same 

Paid  fee  to  him  and  clerk 

Attending  ^Ir.  with  same     ..... 

Paid  fee  to  him  and  clerk 

Attending  Mr.  appointing  consultation 

Paid  fee  to  him  and  clerk       ...... 

Attending  Mr.  aj)])ointing  con.siUtation 

Paid  fee  to  him  and  clerk 

Attendingpetitiimers'  solicitors,  and  conferring  with  tliem 
as  to  the  alterations  the  resjiondent  required  to  be  made 
in  the  petition  when  they  arranged  that  their  counsel 
on  hearing  of  the  petition  .-huuld  con.sent  to  same 

Attending  consultation  ....... 

Attending  Court  jietition  in  paper,  but  not  reached 

Attending  Court  this  day  when  petition  heard  and  order 
made  subject  to  the  ]ietitiun  being  amended 

Or  according  to  circumstances,  not  to  exceed 

Close  copy  draft  order,  at  per  folio         .... 

Attending  settling  same  ...... 

Or  at  Taxing  Ma.ster's  discretion,  not  to  exceed 

Attending  passing  same  ...... 

(As  to  draft  of  bill  of  costs  and  taxation  of  same, 
see  A]>]>licantV  Bill  of  Co.^ts.) 


0 

6 

8 

0 

6 

8 

0 

1 

0 

0 

1 

0 

0 

0 

4 

0 

0 

4 

0 

1 

0 

0 

1 

0 

0 

6 

8 

0 

6 

8 

0 

1 

6 

0 

1 

6 

0 

1 

0 

0 

1 

0 

0 

0 

4 

0 

0 

4 

0 

2 

0 

0 

2 

0 

0 

0 

2 

0 

0 

2 

0 

4 

0 

0 

4 

0 

0 

2 

6 

0 

2 

6 

0     1     0 


0     1     0 


0 

0 

4 

0 

0 

4 

0 

6 

8 

0 

13 

4 

7 

12 

0 

7 

12 

0 

0 

() 

8 

0 

13 

4 

5 

10 

0 

0 

10 

0 

0 

6 

8 

0 

6 

8 

2 

9 

6 

2 

9 

6 

0 

.3 

4 

0 

6 

8 

1 

3 

6 

1 

3 

6 

0 

(5 

8 

0 

6 

8 

0 

13 

4 

0 

13 

4 

0 

6 

8 

0 

10 

0 

0 

13 

4 

1 

1 

0 

1 

1 

0 

2 

o 

0 

0 

0 

4 

0 

0 

4 

0 

6 

8 

0 

13 

4 

1 

1 

0 

3 

3 

0 

0 

6 

8 

0 

13 

4 

810 


APPENDIX   in. 


Sittings  fee   , 

It  agency,  letters,  &c. 

Letters,  messengers,  &c. 


Lower  Scale.  Higher  Scale. 

£     s.     (h  £,     s.      d. 

0  15     0  0  15     0 

0     6     0  0     6     0 

0  10     6  110 


Costs  of  payment  in  of  Cash  and  Transfer  of  Stock  into  Court  under 

Relief  Act. 


the  Trustee 


Instructions  for  affidavit  for  payment  in  cash  and  for 
transfer  of  stock  in  Court  .         .         .         .         •         • 

(In  higher  scale  the  Taxing  Master  may,  at  his  dis- 
cretion, increase  this  allowance). 

DraAving  same,  at  per  folio     .... 

Attending  Mr.  with  same  to  settle 

Paid  fee  to  him  and  clerk    _  . 

Engrossing  same,  at  per  folio 

Preparing  exhibit  (if  any),  each     . 

Attending  deponent  to  be  sworn  to  same 

Paid  commissioner  taking  deponent's  oath     , 

Paid  him  marking  exhibits  (if  any),  each 

Making  fair  copy  affidavit  for  the  printer,  at  per  folio 

Examining  and  correcting  proof 

Paid  printer's  charges    . 

Paid  tiling  affidavit 

Paid  for  office  copy,  at  per  folio 

Attending  at  the  Paymaster-General's  office  bespeaking 
directions  for  transfer  into  Court  JIOOO  £3  per  cent, 
annuities  to  an  account,  to  be  entitled  "  The  bequest 
to  the  churchwardens  of  the  parish  of  _       _     . 

Attending  the  Paymaster-General  bespeaking  directions 
to  pay  in  J30  to  the  credit  of  the  like  account,  and 
attending  at  the  Bank  of  England  paying  in  same, 
and  at  the  Report  Office  for  office  copy,  receipt . 

Paid  for  office  copv  receipt,  at  per  folio  .         .         • 

Attending  at  the  Paymaster-General's  office  bespeaking 
directi(ms  for  transfer  into  Court  £500  £Sh  per  cent, 
annuities  to  an  account  to  be  entitled  "  _ 

Attending  Paymaster-General  bespeaking  directions  for 
payment  in  £15  to  the  credit  of  the  like  account,  and 
attending  at  the  bank  paying  in  same,  and  at  the 
Report  Office  for  office  copy  receipt  .... 

Paid  for  office  copy  receipt,  at  per  folio 

Attending  at  the  Bank  of  England  bespeaking  power  of 
attorney  to  transfer  £1000  ,£3  per  cent  annuities  into 
Court,  and  afterwards  attending  and  obtaining  same  . 

Paid  for  power      .         •    ^  •         •         •      .  •         •        ; 

Attending  at  the  Bank  of  England  bespeaking  power  ot 
attorney  to  transfer  £500  £'^  per  cent,  annuities  into 
Court,  and  afterwards  attending  and  obtaining  same  . 

Paid  for  power       .         .         ...         .         . 

Writin"  to  Mr.  with  these  powers  lor  exe- 
cution          


0     6     8         0     6     8 


0  1 

0  6 

2  4 

0  0 

0  1 

0  6 

0  1 

0  1 

0  0 

0  0 

0  2 

0  0 


0  13 
0     0 


0  13 

0     0 


0  13 
0     3 


0     6     8 


0     6     8 


0  10 

0  6     8 

2  4     6 

0  0     4 

0  10 

0  6     8 

0  16 

0  10 

0  0     4 

0  0     2 


0     2     0 
0     0     6 


0     6     8 


0  13     4 
0     0     6 


0     6     8 


0  13     4 

0     0     6 


0  13     4         0  13     4 


0  13     4 
0     3     6 


COSTS   OF  PAYMENT   IN   OF  CASH.  811 

Lower  Scale 

Or  attending   him   obtaining  his    execution   of    Loth 

poAvers 0  13     4 

Writing  to  broker  with  an  appointment  to  transfer        .036 

Attending  with  broker  making  transfer  of  the  XIOOO 
^3  per  cent,  annuities,  and  attending  and  bespeaking 
office  copy  certificate  of  transfer         .         .         .         .0134 

Paid  for  office  copy  certificate,  at  per  folio     .         .         .000 

Attending  with  broker  making  transfer  of  the  £500  £3j 
per  cent,  annuities,  and  attending  and  bespeaking 
office  copy  certificate  of  transfer         .         .         .         .0134 

Paid  for  office  copy  certificate,  at  per  folio     .         .         .000 

Drawing  notice  of  payment  and  transfer  into  Court,  at 

ptir  folio 0     10 

Making  fair  copy  thereof,  at  per  folio    .         .         .         .004 

Service  thereof,  each 0    5    0 

Letters,  &c 050 


Higher  Scale. 
£     s.     d. 

0  13 
0     3 

4 
6 

0  13 
0     0 

4 
6 

0  13 
0     0 

4 
6 

0     1 
0     0 
0     5 
0  10 

0 
4 
0 
0 

COSTS  OF  VENDORS  UNDER  THE  LANDS  CLAUSES  ACT,  1845, 
FOR  PAYMENT  OUT  OF  PART  OF  THE  CASH  AND  FOR 
INVESTxMENT  OF  THE  BALANCE. 

In  the  High  Court  of  Justice. 

CHANCERY  DIVISION. 
In  the  matter  of  Raihraij  Jet,  18     , 

AND 

In  the  Matter  of  the  Lands  Clauses  Consolidation  Act,  1845. 
The  Bill  of  Costs,  Charges,  and  Expenses  of  the  Petitioner  to  he  taxed  under 
Order,  dated  the  day  of  ,  1S79,  for  payment  out  of  part  of 

the  Piir chase-money,  and  to  invest  tlie  Balance  in  purchase  of  £3  10s.  per 
cent,  annuities. 

Hilary  Sittings,  1879. 
January,  1879. 

AVriting  to  the  railway  solicitors  as  to  the  paj-mcnt  of 

purchase-money  into  Court 0     3     0        0     3     0 

Writing  tliem  in  reply  to  theirs  witli  computation  of 

interest  to  be  paid  by  them  into  Court       .         ,         .030        030 
(Insert  here  proper  charges  for  attendances  and 
letters  that   may  have  been  necessary  in  order 
to  bring  the  purchase  to  a  completion.) 


812  APPENDIX    III. 

Lower  Scale.    Higher  Scale. 

February.  £    ^-     '^-        ^    *•     **• 

Instructions  for  petition  for  .payment  out  of  Court 
of  part  of  purcliase-money  to  petitioner,  for  invest- 
ment   of    residue    and    payment    of    dividends    to 

petitioner n?n         n^?n 

Drawing  same,  at  per  folio  nre         nR« 

Attending  Mr.  with  same     .         .         .         •     ?     ^     °         o     5     p 

Paid  fee  to  him  and  clerk t    a        ooa 

Engrossing  petition,  at  per  folio ^     n     T         n     n     t 

Making  copy  petition  for  the  judge,  at  per  foho     .         .004         V     i     ^ 

Paid  stamping  petition nn^         an? 

Making  copy  petition  for  servica,  at  per  folio         .         .004         ^     ^     ^ 
Service  of  same  on  company's  solicitors  .         ._         .026         026 

Drawing  and  engrossing  affidavit,  verifying  service  f.f 

copy  petition,  at  per  folio 010         010 

Preparing  exhibit  ."^ .010        010 

Paid  commissioner  taking  deponent's  oath  and  marking 

exhibit 026         026 

Making  copy  affidavit  to  be  marked  as  an  office  copy,  at 

per  folio 

Paid  filing  aftidavit        .         ._ 

Paid  for  ofiice  copy,  at  per  folio 

Instructions  for  affidavit  in  support  of  petition      .         .068         06 
(In  higher  scale  the  Ta.xing  Master  is  authorized  to 
increase  this  allowance  if  he  thinks  fit). 

Drawing  same,  at  per  folio 

Engrossing  same,  at  per  folio 

Preparing  exhibits  (if  any)  each 

Attending  deponent  to  be  sworn  to  same        .         .         . 
(If  thesoiicitcr  has  to  go  beyond  2  miles  from  his  ofiice, 

for  everv  other  mile  beyond  the  2  miles)    . 
Paid  commissioner  taking  deponent's  oath     .         .         .016         016 
Paid  him  for  marking  exhibits  (if  any),  each  .         .010         010 

If  afiidavit  sent  to  an  agent  to  be  sworn  to,  charge 

AVriting  to  agent  with  same 

Writing  hini  subsequently  with  his  charges 

Paid  his  charges  (post-office  order)  .... 

Makiiiii  copy  afiidavit  to  be  maiked  as  an  ofiice  copy,  at 

perfblio 0     0;;         0     0     4 

Paid  fiUng  afiidavit 020         020 

Paid  for  office  copy,  at  per  folio 0     0     2         0     0     2 

Notice  of  filing  same,  copy  and  service  .         .         ..040         040 
Attending  the  Pavmaster-General  bespeaking  certificate 

of  fund  in  Court,  and  afterwards  for  same  .         .         .068         068 
Drawing  brief  for  counsel,  at  per  folio  ..         .         .010         010 
leaking  fair  co])y  of  same,  folios       ;  ])etition,  folios       ; 
iillidavit,  folios        ;  and  exhibit,  folios         ;  together, 

folios       ,  for  counsel,  at  per  folio        .         .         .         .004         004 
Attending  Mr.  with  same     .         .         .         .068         068 

Paid  fee  to  him  and  clerk 24     6         246 

Attending  Mr.                         ,  ai.pomtmg  coidcrence       .034         068 
Paid  fee  to  him  and  clerk 16     0         J,     !^    0 

Attending  conference     .  .         •         •         •         •         •     J  ^;!     f         n  i n     n 

Attending  Court  i.etition  111  i-aper,  but  not  rr.uiud        .     0     6     8         0  10     0 


0  0  4  0  0  4 
0  2  0  0  2  0 
0     0     2         0     0     2 


0  10  0  10 

0  0     4  0  0     4 

0  10  0  10 

0  6     8  0  6     8 

0  10  0  10 


0     3     6         0     3     6 
0     3     6         0     3     6 


t'OsTs;  or  vKNnoits  rNi>f:K  tiik  i.akds  clatsks  a<  t.      <Sirj 


Ftbruanj. 

Attendiuj;  Court  petition  heard  and  order  made     . 
Or,  according  to  circumstances,  not  to  exceed 
Attending  registrar  with  brief  and  pajiers,  and  besj)L'ak 

ing  draft  order 

Close  copy  draft  order,  at  per  folio 
Notice  to  settle  same,  copy  and  service 
Attending  settling  same         ..... 
Or,  at  Taxing  Master's  discretion,  nut  to  exceed    . 

Paid  for  order 

Notice  to  pass  same,  copy  and  service    . 

Attending  passing  same 

Sittings  fee 

Ifagency        


Lower  Scale. 
JC     s.     d. 

0  13      4 

1  1      0 


0     G  8 

0     0  4 

0     4  0 

0  6  8 

1  1  0 
0  10  0 
0  4  0 
0  G  8 
0  15  0 
0     C  0 


Higher  Soale. 
£      .-.      </. 


1  1  0 

2  2  0 

0     0  8 

0     0  4 

0     4  0 

0  13  4 

3  3  0 

1  0  0 
0  4  0 
0  13  4 
0  15  0 
0     G  0 


Easter  Sittings,  1879. 

Attending    the    Paymaster-General   with    order     and 

bespeaking  cheque 0     G     8 

Attending  the  Paymaster-General  to  bespeak  jjower  of 

attorney  to  receive  £         payable  to  the  petitioner     .     0     G     8 

Paid  for  stamp  and  paper  (as  paid)        .... 

Attending  the  petitioner  upon  his  signing  power  and 

attesting  his  execution  of  same 0     0     8 

^Filling  up  and  completing  affidavit  of  execution,  and 

attending  to  depose  thereto 0  13     4 

■^Preparing  exhibit  .         .         .         .         .         .         .010 

*Paid  commissioner  taking  deponent's  oath,  and  mark- 
ing exhibit  .  .         .         .         .         .         .020 

If  sent  to  agent,  charge 

"Writing  to  agent  with  power  of  attorney  for  execution  .030 

On  receipt  of  power  duly  executed,  writing  to  agent 

with  his  charges  .         .         .         .         .         .         .030 

Paid  his  charges  (post-olfice  order)         .... 

Attending  lodging  power,  and  afterwards  attending  to 

receive  chetjue     ,         .         .         ,         .         .         .         ,068 

Drawing  request  to  the  Paymaster-General  to  invest  the 

balance        .         .         .         .         ,         .         .         .         .026 

Attending  him  with  Siune 0     (5     8 

Paid  broker's  charges     ....... 

Attending  the  Paymaster-General  to  besi)eak  power  of 

attorney  for  receijit  of  dividends  .         .         .008 

Paid  for  power .083 

Attending  the  jietitioner  on  his  executing  power,  ami 

attesting  his  execution  thereof 0     6     8 

♦Filling  up  and  completing  affidavit  of  execution,  imd 

attending  to  depose  thereto 0  13     4 

*  Preparing  exhibit 0     10 

♦Paid  commissioner  taking  deponent's  oath  and  mark- 
ing exhibit 0     2     0 

(If  sent  to  agent  for  execution,  charge  as  before). 

'  Xo  aflidavit  is  le'iuired  uow  to  verify  executions  of  powers  of  attomie?. 


0  6  8 

0  6  8 

0  6  8 

0  13  4 

0  1  0 

0  2  6 

0  3  6 

0  3  6 

0  G  8 

0  2  0 

0  6  8 


0     6  8 

0     8  3 

0     6  8 

0  13  4 

0     1  0 


814  APPENDIX    III. 

Lower  Scale.    Higher  Scale. 
&     s.     il.         £     s.     d. 
Attending  lodging  power,  and  afterwards  attending  to 

receive  cheque 068         068 

If  no  power,  charge  for 

Attending    to    identify    petitioner    on    his    receiving 

cheque        .         ." 068         068 

Attending  to   get   Master  in  rotation  marked,   if  not 

already  referred ....... 

Making  copy  order  for  the  Ta.\ing  Master,  at  per  folio 
Drawing  hill  of  costs  and  copy,  at  per  folio    . 
Warrant  on  leaving  same,  copy  and  service  . 
Warrant  to  tax,  copy  and  service  .... 

Attending  taxing  same,  at  25  folios  or  fractional  part 
Certificate  and  transcribing    ..... 

Attending  to  file  and  bespeak  office  copy 

Paid  for  office  copy 

Sittings  fee     .         . 0 

If  agency,  letters,  &c.     .......     0 

Letters,  messsengers,  &c 


0 

6 

8 

0 

6 

8 

0 

0 

4 

0 

0 

4 

0 

0 

8 

0 

0 

8 

0 

4 

6 

0 

5 

6 

0 

4 

6 

0 

5 

6 

0 

6 

8 

0 

6 

8 

0 

2 

0 

1 

2 

0 

0 

6 

8 

0 

6 

8 

0 

3 

0 

0 

3 

0 

0 

15 

0 

0 

15 

0 

0 

6 

0 

0 

6 

0 

1 

1 

0 

2 

2 

0 

COSTS    OF   OBTAINING    CHARGING    ORDERS    NISI  AND 
ABSOLUTE    ON    STOCK    IN    A    COMPANY. 

Ix  THE  High  Court  op  Justice,  1876.  B.  111. 

CHANCERY   DIVISION. 

Between  A.  B.,  Plaintiff,  and  C.  D.,  and  others,  Defendants. 

In  the  matter  of  the  Act  1  d-  2' Vict.  c.  110,  and  of  the  Act  3  cC-  4  Vict.  c.  82. 
Taxed 

The  Bill  of  Costs  of  the  Defendants  of  obtaining  Charging  Orders  Nisi  and 
Absolute  on  Plaintiff's  Stock  in  the  Company,  to  be  paid  by  the 

Plaintiff ,  pxijrsuant  to  the  Order  dated  day  of  ,  1877. 

Easter  Sittings,  1876. 
May  27,  1876. 

Attending  at  the  offices  of  the  Company  search- 

ing registrar  of  shareholders  and  making  inquiries  as 
to  the  amount  of  stock  held  by  plaintift",  and  obtain- 
ing all  the  necessary  particulars  .... 

Drawing  affidavit  in  support  of  same,  at  per  folio  . 

Engrossing  same,  at  per  folio 

Attending  deponent  to  be  sworn  to  same 

Paid  commissioner  taking  deponent's  oath     . 

Making  copy  affidavit  to  be  marked  as  an  office  copy,  at 
per  folio 0 

Paid  filing  affidavit 


0 

6 

8 

0 

13 

4 

0 

1 

0 

0 

1 

0 

0 

0 

4 

0 

0 

4 

0 

6 

8 

0 

6 

8 

0 

1 

6 

0 

1 

6 

0 

0 

4 

0 

0 

4 

0 

2 

0 

0 

2 

0 

£ 

s. 

il. 

£ 

s. 

d. 

0 

0 

2 

0 

0 

2 

0 

6 

8 

0 

10 

0 

0 

0 

4 

0 

0 

4 

0 

6 

8 

0 

6 

8 

2 

4 

6 

2 

4 

6 

0 

1 

0 

0     1 

0 

0 

0 

4 

0    0 

4 

0 

5 

0 

0     5 

0 

0 

0 

4 

0    0 

4 

0 

G 

8 

0  13 

4 

0 

3 

0 

0     5 

0 

0 

G 

8 

0  13 

4 

COSTS   OF   OBTAINING   CHARGING   ORDERS.  815 

Lower  Scale.    Higher  Scale. 

Paid  for  office  copy,  at  per  folio 

Instructions  for  counsel  to  move    ..... 

MakinsT  copy  affidavit  to  accompany,  at  per  folio  . 

Attending  Mr.  with  same    ..... 

Paid  fee  to  him  and  clerk      ...... 

Attending   Court   motion    made,    and    order    nisi   lor 

charging  order  granted 0100        0134 

Attending  the   registrar  ■\vilh   brief  and   papers    and 

bespeaking  draft  order .068        068 

Dra-\ving  notice  to  tlie  Company  of  order  having 

been  granted  not  to  allow  stock  and  shares   to   be 
dealt  with  by  plaintiff,  at  per  folio     .... 

Fair  copy  thereof  for  service,  at  per  fi.>lio 

Attending  at  the  office  of  the  Company,  and 
serving  the  secretary  witii  same 

Close  copy  draft  order  nisi,  folios  ,  at  per  folio     . 

Attending  settling  same 

Paid  for  order 

Attending  passing  same 

Making  fair  copy  order  for  service  on  the  Com- 
pany, at  per  folio 004        004 

June. 

Attending  serving  same  on  the  secretary  of  the  com- 
pany, and  producing  original  order     .... 

Making  fair  copy  for  service  on  plaintiff,  at  per  folio 

Attending  the  plaintiff's  residence  in  the  Koad, 
and  serving  him  with  same,  4  miles  from  plaintiff's 
solicitor's  office 0     7     0 


Trinity  Sittings. 

20.  Drawing    and    engrossing  affidavit    of    service    of 

charging  order  nisi,  at  per  folio 0     10  0     10 

Paid  commissioner  taking  deponent's  oalli  .  .  .  0  1  G  0  16 
Making  copy  affidavit  to  be  marked  as  an  office  cojjv,  at 

per  folio '.004  004 

Paid  filing  affidavit 020  020 

Paid  for  office  copy,  at  per  folio  .  .  .  .  .002  002 
Instructions  for  counsel  to  move  to  make  order  nisi 

absolute 0G8  0  10     0 

Making  copy  order  for  him,  at  per  folio  .         .         .004  004 

The  like  affidavit  of  service  to  accompany,  at  per  folio  .004  004 

Attending  Mr.  witli  same    .         ,'.         ,         .0G8  0G8 

Paid  fee  to  him  and  clerk 356  356 

July. 
Attending   Court  motion  heard   and  order  nisi  made 

absolute 0     6     8        0  13     4 

Attending   the   registrar   \\ith   brief    ami    papers   and 

bespeaking  draft  order 0G8        068 


0     5     0 

0     5     0 

0    0    4 

0     0     4 

810  APPENDIX    III. 


Lower  Scale.    Higher  Scale. 
£      s.      d.  £,      s.      d. 


.     0 

0 

4 

0     0 

4 

.     0 

6 

8 

0  13 

4 

.     0 

3 

0 

0     5 

0 

.     0 

6 

8 

0  13 

4 

Company,  at 

Close  copy  draft  order,  at  per  folio 
Attending  the  registrar  settling  same 
Paid  for  order         .... 
Attending  passing  same 
Making  copy  order  for  service  on 

per  folio '.'.004         004 

Attending  serving  the  same  on  the  secretary  of  the  com- 
pany   050         050 

(During  these  two  sittings  further  proceedings  were 
going  on  in  the  action,  and,  therefoi-e,  the  defend- 
ants were  not  entitled  to  sittings  fees.) 


Trinitij  Sitfitigs,  1877. 
July. 

Attending   plaintiff's  summons  to   discharge   charging 

order  (the  costs  of  the  defendants  having  been  taxed 

and  paid),  when  the  chief  clerk  made  an  order  upon 

payment  by  the  plaintiff  to  the  defendants  of  their 

costs,  consequent  iipon  the  application,  and  of  the 

orders  nisi  and  absolute,  but  the  plaintiff's  solicitors, 

being  dissatisfied  with  this  decision,  at  their  request 
ummons  adjourned  to   the  Judge  in  Chambers  on 

the  day  of  next 0     6     8         0  13     4 

12.  Drawing  and  fair  copy  brief  to  counsel  upon  ad- 
journed summons        .         .         .         .         .         .         . 

C'opy  summons  to  accompany,  at  per  folio 

The  like  order  absolute,  at  per  folio       .... 

Attending  Mr.  with  same 

Paid  fee  to  hira  and  clerk       ...... 

Attending  Mr.  appointing  conference 

Paid  fee  to  him  and  clerk 

Attending    at    the   Chambers    of    the    Judge    getting 

summons  placed  in  the  list  for  counsel 
Notice  thereof,  copy  and  service  on  plaintiff's  solicitors 
Attending  adjourned  summons  before  the  Judge,  when 

he  approved  the  order  made  by  the  chief  clerk  and 

directed  the  plaintiff  to  pay  costs,  including  costs  of 

obtaining  orders  nisi  and  absolute       .         .         .         .008         0134 
Close  copy  draft  order  to  discharge  charging  orders,  at 

per  folio 

Attending  before  the  registrar  settling  same  . 
Attending  passing  same         ..... 
Sittings  fee  agency  .  ... 


Michaelmas  Sittings,  1877. 

Drawing  this  bill  of  costs  and  copy  for  the  Master,  at 

per  folio      .         .         .         .         .'.         .         ,         .008        008 
Warrant  on  leaving  (.■o]>y  and  nervice      .         .         .         .040        050 


0 

6 

8 

0 

10 

0 

0 

0 

4 

0 

0 

4 

0 

0 

4 

0 

0 

4 

0 

6 

8 

0 

6 

8 

3 

5 

6 

3 

5 

6 

0 

3 

4 

0 

6 

8 

1 

0 

0 

1 

6 

0 

0 

0 

8 

0 

6 

8 

0 

4 

0 

0 

4 

■0 

0 

0 

4 

0     0 

4 

0 

0 

8 

0  13 

4 

0 

G 

8 

0  13 

4 

1 

1 

0 

1     1 

0 

COSTS   OF    OBTAININ*(;    C'HAllOING    OIIDKKS. 


.SI7 


Warrant  to  tax  copy  and  .service    ..... 
Atteiidin<,'  taxing  same,  at  per  25  folios  or  I'ructioual 

l)art 

Certificate  and  transcribing    ...... 

Attending  to  file  same  and  bespeaking  office  copy 

Paid  for  office  copy 

Sittings  fee  agency  ....... 

Taxed  off 

Paid  ad  valorem  diitv     . 


Lower  Siak'. 

Hixliei 

r  Scale. 

£     s. 

</. 

£ 

g.      </. 

0      4 

(5 

0 

5    t; 

0      () 

8 

0 

G     8 

0      2 

0 

1 

2     0 

0     6 

8 

0 

6     8 

0     3 

0 

0 

.-}     0 

1      1 

0 

1 

1     0 

• 

• 

• 

COSTS  OF  PETITION  OF  TRUSTEES  UNDER  WILL,  BEING 
VENDORS  UPON  A  PURCHASE  MADE  LENDER  LAND  CLAUSE 
CONSOLIDATION  ACT  WHERE  MONEY  PAID  INTO  COURT 
THEREUNDER  AND  ON  PETITION  TO  GET  SAME  OUT  OF 
COURT. 

Costs  of  Petit io7i  of  Trustees  xuider  Will,  being  Vendors  upon  a  Purchase  made 
under  Land  Clauses  Consolidation  Act  where  Money  Paid  into  Court  under 
Petition  to  get  same  out  of  Court. 

In  the  High  Court  of  Justice. 

CHANCERY  DIVISIOX. 

In  the  matter  of  Ruilu-an  Act,  18     . 

The.  Bill  of  Costs  of  the  Petitioners  to  he  taxed  under  Order  dated  the 
day  of  ,  1876, 

November,  1876. 
Attending  the  petitioners  receiving   instructions  from 
them  to  go  through  deeds  and  prepare  abstracts  of 

title 

Drawing  abstract  of  title,  at  ])er  folio      .... 

Making  fair  copy,  at  per  folio 

Attending  to  deliver  same 

21.  Attending  examination  of  deeds,  at  per  hour   . 
Having  received   copy   requisitions   on  title,  perusing 

same  .008068 

(If  req\iisitions   very   long    and   voluminous   this 

charge  can  be  increased  by  the  Master  according 

to  circumstances.) 

Attending  Mr.  (one  of  the  petitioners)  conferring 

with  him  upon  the  rec^uisitious  when  he  stated  that 

3  o 


0 

6 

8 

0 

6 

8 

0 

1 

0 

0 

1 

0 

0 

0 

4 

0 

0 

4 

0 

6 

8 

0 

6 

8 

0 

6 

8 

0 

6 

8 

818 


APPEKDIX    III. 


liaviiig  collected  the  rents  for  the  last  years, 

■    he  could  depose  as  to  the  identity  of  the  premises 

Drawing  answers  to  requisitions,  at  per  folio 

Making  fair  copy  of  same,  at  per  folio  .  _      . 

Instructions  for  declaration  of  identity  of  premises 

Drawing  same,  at  per  folio       .         .         .         .         .         . 

Making  copy  of  same  for  approval  of  purchaser's  solicitor, 
at  per  folio  .         .         .         .         .         .         .         • 

Writing  to  him  with  same  and  answers  to  the  requi- 
sitions ......••■ 

Having  received  draft  conveyance,  perusing  same  at  per 
skiu 

Perusing  copy  plan  attached  ...... 

Making  copy  to  keep,  at  per  folio  .         .         .     _    . 

Making  copy  contract  and  agreement  entered  into  for 
purchase  for  counsel  on  his  perusing  and  settling  draft 
conveyance,  at  per  folio        ...... 

Attending  Mr.  with  same  and  draft  conveyance 

for  him  to  peruse  settlement  on  behalf  of  the  purchaser 

Paid  fee  to  him  and  clerk        .         .         .         .  _      . 

Attending  purchasers'  solicitor,  returning  him  draft 
conveyance  as  settled  hy  counsel  and  conferring  with 
him  as  to  the  proposed  declaration  of  identity,  which 
he  said  Avas  perfectly  satisfactory 

Engrossing  declaration,  at  per  folio 

Attending  deponent  to  he  declared  to  same    . 

Paid  commis.sioner's  fee  .... 

Instructions  for  petition  to  obtain  money  out  of  Court 

Drawing  same,  at  per  folio      .... 

Attending  Mr.  with  same  to  S(4tle     . 

Paid  fee  to  him  and  clerk       .... 

Engrossing  petition,  at  per  folio 

Attending  to  present  same       .... 

Paid  stamping  same         ..... 

Making  copy  of  petition  for  the  Judge,  at  per  folio 

Making  copy  of  petition  for  service  on  respondents,  at 
per  folio      ......... 

Service  thereof        .         .         .         .         .         . 

Instructions  for  affidavit  in  support  of  petition 

Drawing  same,  at  per  folio      .... 

Engrossing  same,  at  per  folio 

If  exhibits,  preparing  exhibits,  each 

Attending  deponent  to  be  sworn  to  same 

Paid  commissioner  taking  deponent's  oath 

Paid  him  marking  exhiliits  (if  any),  each 

Making  copy  of  affidavit  to  be  marked  as  an  office  copy, 
at  ]ier  folio 

Paid  filing  aflidavi I  ..... 

Paid  for  ofiice  cojjy,  at  per  folio 

Attending  at  "  searching  for  and  obtaining  certi- 
ficate of  death  of  testator,  and  examining  same  with 
registry 

Paid  for  search  and  certificate        .        ,        .        ,        . 


Lower  Scale. 

a  s.  ii. 

0  G  8 

0  1  0 

0  0  4 

0  6  8 

0  1  0 

0  0  4 

0  3  0 

0  5  0 

0  0  4 

0  0  4 

0  6  8 

3  5  6 


0  0 

0  5 

0  6 

0  1 

0  0 

0  1 

0  6 


Higher  Scale. 

£  s.       il. 

0  6     8 

0  10 

0  0     4 

0  6     8 

0  10 

0  0     4 

0  3     6 

0  5     0 

0  0     4 

0  0     4 

0  6     8 

3  5     6 


0  6  8 

0  0  4 

0  6  8 

0  1  6 

0  6  8 

0  1  0 

0  6  8 

2  4  6 

0  0  4 

0  6  8 

0  5  0 

0  0  4 


0  1  6 

0  1  0 

0  0  4 

0  2  0 

0  0  2 


0     6     8 
0     3     7 


0  6 

0  0 

0  6 

0  1 

0  6 

0  1 

0  6 

2  4 

0  0 

0  6     8 

1  0     0 
0  0     4 

0  0     4 

0  5     0 

0  6     8 


0  1 
0  0 
0     1 


0     6     8 


0  0  4 
0  2  0 
0     0     2 


0     6     8 
0     3     7 


0 

6 

8 

0 

6 

8 

0 

1 

0 

0 

1 

0 

0 

0 

4 

0 

0 

4 

0 

-2 

0 

0 

2 

0 

0 

U 

8 

0 

G 

8 

COSTS    or    ri-.TITIONKltS    L'NOKIl    LAND    C'<  )NS<  )LI1»ATI(  iS    ACT.       SlO 

Lower  Scale.    Iliglier  Scale. 

£      ti.       (I.  £      S.       (I. 

Attendiiif,'  at  Churcli  searching  for  and  o1»taiinii<:? 

certiticato  of  burial  of  one  of  the  trur<tees  of 

testator's  will 0  13     4        0  13     4 

Paid  for  searcli  and  certificate  .         .         .         .         .037         037 

(If  the  certificates  can  be  obtained  at  the  llegistrar- 

General's  oflicc  the  charges  for  searching  would 

be  according  to  the  time  occupied  in  searching 

and  also  fur  searching  at  different  churches.) 

Instructions  for  affidavit  of  idt-ntifying  of  the  certificates 

Drawing  same,  at  per  folio      ...... 

Engrossing  same,  at  per  folio  ..... 

Preparing  two  exhiliits  

Attending  deponent  to  l)e  sworn  to  same 

Paid  commissioner  taking  deponent's  oath  and  marking 

exhibits 0     3     (i         0     3     6 

Making  copy  affidavit  to  be  marked  as  an  office  copy, 

at  per  folio 

Paid  tiling  affidavit         . 

Paid  for  office  copy,  at  per  folio       ..... 
Notice  of  filing  tliese  affidavits,  copy  and  service    . 
l^rawing  brief  for  counsel,  at  ])er  folio     .... 
Making  l>rief  co]>y  of  same,  folio  ,  petition  folio 

and  a^Kda^•it  folio        together       folios  for  counsel,  at 

l)er  folio 

Attending  Mr.  with  .<ame  .... 

Paid  fee  to  him  and  clerk 

Attending  Mr.  appointing  conference 

Paid  confei'ence  fee  to  him  and  clerk      .... 

Attending  confereiice      ....... 

Attending  the  Pay  mast  er-CJeneral    bespeaking  and  for 

certificate  of  fund  in  Court 

10.  Attending  Court  order  made  as  prayed  . 
Or  according  to  circumstances  not  to  exceed  . 
Attending   the    Eegistrar  with    brief  and    paper.-?   and 

bespeaking  draft  order 

Clo.se  copy  draft  order,  at  per  folio  .... 

Notice  to  .settle  same,  copy  and  service  .... 

Attending  settling  .same 

Or  at  Taxing  Master's  di.scretion,  not  to  exceed 
Preparing  list  of  evidence  (if  recjuired  by  registrar) 
Paid  for  order         ........ 

Notice  to  pass  same,  co))y  and  service     .... 

Attending  passing  same  .         .         . 

Attending  t)espeaking  office  copy  of  Paymaster-General'.s 

certifict.le  jnd  afterwards  for  .same       .... 

Paid  for  same,  at  per  folio       ...... 

27.  Attending  discussing   our  alterations  in  the  draft 

deed  of  conveyance    an<l    fijially  settling  same   for 

engrossment 0     (5     8        0    G     8 

March  Int. 
Attending   with  trustee   receiving   amount   of  interest 

due  in  addition  to  cash  paid  into  Court      .  .     0     G     8        0     G     8 

3  G  2 


0 

0 

4 

0 

0 

4 

0 

2 

0 

0 

2 

0 

0 

0 

2 

0 

0 

2 

0 

4 

0 

0 

4 

0 

0 

1 

0 

0 

1 

0 

0 

0 

4 

0 

0 

4 

0 

6 

8 

0 

6 

8 

•; 

4 

G 

2 

4 

G 

0 

3 

4 

0 

6 

8 

1 

G 

0 

1 

G 

0 

0 

13 

4 

0 

13 

4 

0 

6 

8 

0 

G 

8 

0 

13 

4 

1 

1 

0 

1 

1 

0 

2 

2 

0 

0 

G 

8 

0 

6 

8 

0 

0 

4 

0 

0 

4 

0 

4 

0 

0 

4 

0 

0 

G 

8 

0 

13 

4 

1 

1 

0 

3 

3 

0 

0 

G 

8 

0 

G 

8 

0 

10 

0 

1 

0 

0 

0 

4 

0 

0 

4 

0 

0 

6 

8 

0 

13 

4 

0 

G 

8 

0 

G 

8 

0 

0 

G 

0 

0 

G 

820 


APPENDIX    111. 


Exaniiulng  engrossment  of  deed,  at  per  skin  ._        .         . 
Attending  the  trustees  and  arranging  an  appointment  to 

complete,  and  informing  purchaser's  solicitors  thereot 
If  any  one  of  the  trustees  live  in  the  country,  charge. 
Drawing  request  for  power  of  attorney  .         ■ 

Attending  at  the  Paymaster-General's  office  with  same 
Paid  for  power  of  attorney     .         .         •      .   •         • 
Clerk  attending  at  Lewes,  obtaining  execution  ot  power 

and  of  conveyances 

Paid  railway  fare  and  expenses       .         .         .     .    •         • 
*Attending"  filling  up  affidavit,  verifying  execution,  and 

attending  to  swear  same       .         .         .         •         •         • 
*Paid  commissioner  taking  deponent's  oath  and  marking 

exhibit ,    ,'      .   '         "       i* 

Attending  at  the  Paymaster-General's  leaving  power  to 
he  examined  and  bespeaking  cheque  .         .         .         • 

Preparing  schedule  of  title  deeds  and  documents  to  be 
given  up  to  purchaser  on  completion  of  the  purchase,  at 
per  folio       .         .         .         •         •         •         • 

Making  two  cojiies  of  same,  at  per  foho  each  . 

Attending  appointment  completing  purchase,  when  con- 
veyance signed  and  title  deeds  documents  given  on 
schedule  of  same  heing  signed     .         .         ._        •         • 

Attending  the  Sitting  Master  with  order  lor  to  get 
Taxing  Master  in  rotation  marked       .         .         .         • 

Making  copy  order  for  the  Taxing  Master,  at  per  folio   . 

Drawing  this  bill  of  costs  and  copy,  at  per  loho      . 

Warrant  on  leaving  same,  copy  and  service     . 

Warrant  to  tax  same,  copy  and  service   .         •         • .       • 

Attending  taxing  same,  at  per  25  folios  or  fractional 
part     .         .         .         • 

Certificate  and  transcribing     .         .         • 

Attending  to  tile  and  bespeaking  office  coiiy  . 

Paid  for  office  copy 

Sittings  fee      ..••••••• 

If  agency,  letters,  &c 

Letters,  messengers,  &c.  ...••• 

Taxed  off 

Paid  ad  valorum  duty    . 


Lower  Scale.    Ili 
£     s.      d. 
0     3     4 


'lier  Scale. 


0     6     8         0     6 


0     2     6 

0     6     8 


1   11  6 

0     6  8 

0     2  6 

0     6  8 


0     1     0 
0     0     4 


0  13  4 

0  6  8 

0  0  4 

0  0  8 

0  4  6 

0  4  6 

0  6  8 

0  2  0 

0  6  8 

0  3  0 

0  15  0 

0  6  0 

1  1  0 


0     2 
0     6 


1   11  6 

0     6  8 

0     2  6 

0     6  8 


0     1     0 
0     0     4 


0  13 


0  6 

0  0 

0  0 

0  5 

0  5 


0     6  8 

12  0 

0     6  8 

0     3  0 

0  15  0 

0     6  0 

2     2  0 


"  No  affidavit  is  no     rciuired  verifying  execution  of  powers  of  attornies. 


aitlicant's  costs  For  iwymrxt  of  money  out  of  court.    821 


I)t  the  mailer  of  the  Trustn  of  the  sum  of  £         ,  reprexenthuf         Sharfx  of  the 

licsiduary  Estate  of  A.  B. 
And  in  the  Matter  of  the  Act  10  &  11  Vic',  c.  96,  hititukd  "An  Act  for 

Better  Securiwj  Trust  Funds,  and  for  the  Relief  ojf  Trustees." 
The  Bill  of  Costs  of  C.  D.,  JVidoiv,  E.  F.,  Widow,  and  G.  H.,  to  be  taxed  a.? 

behneen  Solicitor  and  Client,  in  pursuance  of  Order  made  on  the         day  of 
,  1881. 


Ililarij  Sillinijs,  1881. 

,7«/n(rtn/ 29,1881. 
Instructions  for  i)etitit)n  for  payment  of  money  out  of 

Court  .         .         .         .         .         .         . 

Drawin;^'  petition,  iit  per  folio         .... 

Attending  Mr.  with  same  . 

Paid  fee  to  him  and  clerk       ..... 

Drawing,'  instructions  for  counsel  to  advise  on  evidence 

in  support  of  same,  at  ])er  folio  .... 
Making  fair  copy  of  same  for  counsel,  at  per  folio  . 
Attending  ^h:  with  same .... 

Paid  fee  to  him  and  clerk       ..... 

March  1. 

Instructions  for  affidavit  of  CD 

Drawing  same,  at  per  folio 

Engrossing  same,  at  per  folio  .... 

Attending  deponent  to  be  sworn  to  same 

Paid  commissioner  taking  deponent's  oath 

Making  copy  of  this  affidavit  to  be  marked  as  an  office 

copy,  at  per  folio 

Paid  tiling  affidavit         ...... 

Paid  for  office  copy,  at  per  folio     .... 

16.  Drawing  affidavit  of  (solicitor  in  the  matter) 
at  per  folio          ....... 

Making  copies  of  letters,  &c.,  for  counsel,  to  enable  hin 
to  settle  affidavit,  at  per  folio      .... 

Making  fair  copy  of  statutory  declaration  of  fo 

counsel,  at  per  ftdio    ...... 

Attending  Mr.  to  settle  same     . 

I'aid  fee  to  him  and  clerk       ..... 

Attending  Mr.  appointing  conference 

Paid  confereiice  fee  to  him  and  clerk 

Attending  conference 

17.  Attending  at  the  Registrar-General's  office,  searching 
for  certificates  of  Imptisms  of  and  ,  and 
certiticate  of  death  of                    ..... 

Paid  searches  and  certificates,  each  .         .         .         . 

21.  Attending  at  the  Paymaster-Generars  office,  and 
ascertaining  the  amount  of  dividends  received  for 
January  last  on  fund  in  Court,  to  enable  us  to  insert 
amount  of  Siime  in  draft  petition         .         .         .         . 

Attending  at  the  Kcgistrar-General's  office,  searching 
for  marriage  certiticate  of  and 

Paid  search  and  for  cerlificato 


Lotv-er  Scale. 

Higlicr  Scale. 

£ 

*•. 

d. 

£, 

s. 

rf. 

0 

6 

8 

0 

13 

4 

0 

1 

0 

0 

1 

0 

0 

6 

8 

0 

6 

8 

2 

4 

6 

2 

4 

6 

0 

1 

0 

0 

1 

0 

0 

0 

4 

0 

0 

4 

0 

:i 

4 

0 

6 

8 

1 

A 

() 

1 

li 

6 

0 

6 

8 

0 

\:i 

4 

0 

1 

0 

0 

1 

0 

0 

0 

4 

0 

0 

4 

0 

6 

8 

0 

6 

8 

0 

1 

6 

0 

1 

6 

0 

0 

4 

0 

0 

4 

0 

2 

0 

0 

2 

0 

0 

0 

2 

0 

0 

2 

0     1     0 


0     0     4 


0     1     0 


0     0     4 


0 

0 

4 

0 

0 

4 

0 

() 

8 

0 

6 

8 

2 

4 

6 

2 

4 

6 

0 

3 

4 

0 

3 

4 

1 

6 

0 

1 

6 

0 

0 

13 

4 

0 

13 

4 

0 

13 

4 

0 

13 

4 

0 

3 

7 

0 

3 

7 

0     6     8         0     6     8 


0 

H 

8 

0 

6 

8 

0 

3 

7 

0 

3 

7 

822  APPENDIX    111. 


L'lwcr  Scale.    Higher  Scale. 
£     s.      d.  £     s.     lI. 


■•2-1  and  20.  It  being  necessary  for  a  member  nf  our  tirni 
personally  to  see  T.  S.  (wlio  had  refused  to  write 
,.  fui-thei-  letters,  and  required  a  personal  interview  ; 
find  whose  evidence  might  not  be  forthcoming  if  not 
seen  by  us  personally.)  Journey  to  London,  conferring 
■vvrith  ,  when  be  consented  to  make  the  neces- 
sary affidavit.  Engrossing  affidavit  and  marking  ex- 
hibit, and  attending  upon  a  commissioner  to  attend 
at  the  deponent's  house,  he  being  very  old  and 
infirm G     6     0         6     6     0 

Paid  commissioner  his  fee  for  his  attendance  and  taking 

oath  of  deponent,  and  marking  exhibit       .         .         .     0  10     0        0  10     0 

Paid  railway  fare  and  expenses 

24.  Writing  to  the  widow  of  to  know  when  her 
husband  died,  and  Avhere  he  was  buried,  to  enable  us 
to  make  use  of  the  dechiration  made  bv  him  Avhen 
aUve 036036 


June  30, 
Attending  at  the  Registrar-General's  office,   searching 
for  certificate  of  death  of  and  bespeaking 

office  copy 


0     6     8         0     6     8 


Paid  for  search  and  copy  certificate        .        .        .        .037        037 

July  11. 
Making  copy  petition  to  present,  per  folio 
Making  copy  of  same  for  the  Judge,  at  per  folio 
Preparing  certificate  of  lower  scale  and  office  copy 
Attending    to   present  petition,   and  afterwards  same 

answered ^     ^     ^         9  ,? 

Paid  stamping  same 

Engrossing  affidavit  of  (solicitor  in  tlie  matter), 

at  per  folio 


0  0  4  0  0  4 
0  0  4  0  0  4 
0     5     0 


0     5     0         0  10     0 

0     0     4         0     0     4 
Preparing       exhibits,  each  at 0     10        0     10 

Attending  deponent  to  be  sworn  to  same       .         ..068         068 

Paid  connnissioner  taking  deponent's  oath  and  marking 
exhibits  ......-• 

Making  copy  of  this  affidavit  to  be  marked  a>  an  office 

copy,  at  per  folio 004         004 

Paid  filing  affidavit 020         020 

Paid  for  office  copy,  at  per  folio     .         .         .         .         .002         002 

The  like  charges  in  the  same  proportion  for  further 
affidavits      .  .         .         .         .         ■         •     _• 

Making  copy  petition  for  service  on  respondent's  solici- 
tors, at  per  folio 004         004 

Attending  on  Messrs.  ,  solioitor.s,  Avhen  they 
accepted  service  of  same  on  behalf  of  the  respon- 
dents .         .         .068         068 

13.  Having  received  instructitms  \u  enquire  as  to  the 
proper  place  where  's  (l)rother  of  testator) 

children  would  have  been  baptized,  attending  on  the 
parish  clerk  of  St.  James,  I'iccadilly,  when  he  in- 
formed us  that  Poland  Street,  Oxford  Street,  was 
Bituate  in  the  parish  of  St.  James,  and  tliat  a  person 


0 

1 

0 

0 

1 

0 

0 

0 

4 

0 

0 

4 

0 

6 

8 

0 

6 

8 

0 

1 

G 

0 

1 

6 

0 

0 

4 

0 

0 

4 

0 

2 

0 

0 

2 

0 

0 

0 

2 

0 

0 

2 

0 

4 

0 

0 

4 

0 

applicant's  costs  for  payment  of  money  out  of  coukt.    823 

Lower  Scali-.    Iliglier  Scale. 

of  the  persuasion  of  the  Established  Church,  resident 
in  Poland  Street,  would  most  likely  have  his  children 
baptized  in  the  Parish  Church,  or  thu  J^istrict  Parish 
Church  068        0G8 

14.  Drawmg  athdavit  ol                 as  to  the  result  of  this 
attendance,  at  per  folio 

Engrossing  same,  at  per  folio 

Attending  deponent  to  be  sworn  to  same 

Paid  commissioner  taking  deponent's  oath      . 

Making  copy  of  this  affidavit  to  be  marked  as  an  ofHce 
copy,  at  per  folio 

Paid  tiling  allithivit 

Paid  for  office  copy,  at  per  folio 

Notice  of  filing  these  affidavits,  copy  and  service    . 

Attending  at  the  Paymaster-General's,  bespeaking  certi- 
ficate of  fund  in  Court,  and  afterwards  for  same  .068         068 
(Charge  for  payments  of  any  affidavits  filed  in  oppo- 
sition, perusing  same,  and  if  agency,  for  clo;>e 
copies  of  same.) 

Drawing  brief  for  counsel  to  apjiear  on  l)eha]f  of  peti- 
tioners, at  per  folio 010        010 

Making  brief  copy  of  same,  folios        ,  cojiy  petition, 
folios         ,  and  copies  of  affidavits  and  exhibits,  folios 
,  (and  if  any  affidavits  filed  in  opposition,  copies  of 
same)  for  counsel,  together,  folios        ,  at  per  folio      .004         004 

Printed  copy  of  affidavit  of  H.  L.  and  others,  filed  tlie 

day  of  ,  1880,  for  counsel,  at  per  folio     .002         003 

Attending  Mr.  ,  Q.C.,  with  same       .         .         .     0  13     4        0  13    4 

Paid  fee  to  him  and  clerk 5100         5100 

Attending  Mr.  appointmg  conference         .         .068        068 

Paid  conference  fee  to  him  and  clerk      .         .         .         .270        270 

15.  Attending  conference .0134         0134 

16.  Attending  Court  when  petition  hoard  and  order 
made  as  prayed,  but  the  Judge  would  not  dispense 

with  the  usual  affidavit  as  to  settlement     .         .         .110         110 

18.  Writing  to  petitioner,  C.  D.,  fully  explaining  the 
order  made,  and  what  steps  would  now  have  to  be 
taken,  and  ref|uesting  her  to  send  us  her  marriage 
settlement 03     6        03v^ 

Writing  a  similar  letter  to  the  petitioner,  E.  F.      .         .036        036 

19.  Attending  the  registrar  with  brief  and  ])apers,  and 

bespeaking  draft  order .068         068 

Attending  petitioner,  C.  D.,  on  lier  wishing  to  know  if 

it  was  really  necessary  to  have  the  settlement  pro- 
duced, especially  as  by  the  release  the  shares  under 

the  testator's  will  were  released  in  her  favour,  when 

we  informed  her  a  special  application  was  made  to  the 

Judge  on  the  matter,  who  declined  to  dispense  with 

the  usual  course 068         068 

28.  Close  copy  draft  order,  at  per  folio  .         .         .         .004        004 

August  9. 
Attending  at  Somerset  House,  searching  for  and  obtaiji- 

ing  certificates  of  death  of  J.  T.,  E.  P.,  and  S.  H.       .068        068 


6 


824  APPENDIX    III. 


Lower  Scalo.    Higher  Scale. 


0 

10 

(1. 
9 

0 

10 

9 

0 

0 

4 

0 

0 

4 

0 

3 

6 

0 

3 

6 

0 

3 

6 

0 

3 

6 

0 
0 

3 
3 

6 
7 

0 
0 

3 
3 

6 
7 

0 

3 

(i 

0 

3 

6 

0 

3 

7 

0 

3 

7 

0 

6 

8 

0 

6 

8 

0 

3 

7 

0 

3 

7 

0 

6 

8 

0 

fi 

8 

0 

1 

0 

0 

I 

0 

0 

0 

4 

0 

0 

4 

0 

2 

0 

0 

2 

0 

0 

6 

8 

0 

(5 

8 

Paid  searches  and  lor  office  copies  certificates 

Perusing  marriage  settlement,  &c.,  of  C.  D.,  at  per 
folio   .......... 

10.  Writing  to  petitioner,  E.  F.,  for  date  and  place  of 
her  marriage  with  her  late  husband    .... 

13.  Writing  to  the  clerk  of  Church  for  certifi- 

cate of  marriage  of  E.  F.  and 

Subsequently  writing  to  him  with  his  fee  for  the  certifi- 
cate  

Paid  him        . 

16.  Writing  to  the  Rev.  for  certificate  of  mar- 

riage of  C.  D.  with  her  first  husband  .         .         .         .036         036 

18.  Writing  to  the  Rev.  with  his  fee  for  the 
certificate  of  this  marriage 

Paid  his  fee    ......... 

19.  Attending  on  the  Ilev.  for  the  certificate  of 
marriage  of  C.  D.  with  her  second  husband 

Paid  his  fee    ........         . 

Instructions  for  affidavit  of  E.  F.,  verifying  the  certifi- 
cates of  her  marriage  and  death  of  her  husband  . 

Drawing  same,  at  per  folio     ...... 

Engrossing  same,  at  per  folio  ..... 

Preparing  2  exhibits       ....... 

Attending  deponent  to  be  sworn  to  same 

Paid  commissioner  for  taking  deponent's  oath,  and  f  >r 
las  attendance  at  her  house,  she  being  very  old  and  in 
an  infirm  state  of  health 0  10     0         0  10     0 

Making  copy  of  this  affidavit  to  be  marked  as  an  office 
copy,  at  per  folio         ....... 

Paid  filing  affidavit         ....... 

Paid  for  office  copy,  at  per  folio      ..... 

Instructions  for  joint  affidavit  of  C.  D.  as  to  the  mar- 
riages and  deaths  of  her  husbands,  and  as  to  the  settle- 
ment made  on  her  marriage  with  F.  D.,  and  release 
therefrom,  and  of  H.  L.  as  to  having  perused  settle- 
ment and  release         ....... 

Drawing  same,  at  per  folio     ...... 

Engrossing  same,  at  per  folio  ..... 

Preparing  7  exhibits       ....... 

Writing  to  C.  D.  making  an  appointment  to  call  upon 

her  to  make  the  affidavit 0     3     0         0     3     6 

Writing  to   commissioner   making  an  appointment  to 

swear  C.  D.  to  affidavit       .         .         .         .         .         .036         036 

23.  Attending  deponents  C.  D.  and  H.  L.  on  their  being 

sworn  to  their  joint  affidavits      .         .         .         .         .068         068 

Paid  commissioner  for  taking  the  oaths  of  deponents, 
and  marking  exhibits,  and  for  his  attendance  at 
in  consequence  of  dejionent  C  D.  being  ohl 
and  infirm .13     4         13     4 

26.  Making  copy  of  this  atfidavit  to  be  marked  as  an 
office  co])V,  at  piT  I'olio         ..... 

Paid  filing  atfidavit         ...... 

Paid  for  otficc  cojiy,  at  per  folio 


0 

0 

4 

0 

0 

4 

0 

0 

0 

0 

2 

0 

0 

0 

2 

0 

0 

2 

0 

6 

8 

0 

6 

8 

0 

1 

0 

0 

1 

0 

0 

0 

4 

0 

0 

4 

0 

7 

0 

0 

7 

0 

0 

0 

4 

0 

0 

4 

0 

2 

0 

0 

2 

0 

0 

0 

2 

0 

0 

2 

applicant's  Costs  run  payment  of  money  out  of  court.     825 

Lower  Scale.    Hi;,'lier  Scale. 
£     ».      ''.  M,     .«.      fl. 

Notice  of  filing  these  affidavits,  copy  and  .service  .  .040  040 
29.  Attending  tlie   Paymaster-General  and  bespeaking 

further  certificate  oi  fund  in  Court,  and  afterwards 

fur  same 0     (5     8        0     6     8 

September. 

2.  Making  calculations  of  dividend  for  order  .  .068  068 
Drawing  amendment  to  petition,  at  per  folio          .         .010  010 

Amending  ix^tition 0  13     4  0  13     4 

Attending  the  Rolls  Secretary's  offi.ce  and  getting  amend- 
ments to  petition  sealed      .         .         .  .         .068  068 

Attending  amending  respondent's  copy  petition     .         .068         068 

3.  Having  received  letter  from  agents  requesting  pro- 
bate of  the  will  of  to  be  sent  at  once  to  enablt; 
them  to  produce  it  to  the  registrar  f)n  settling  draft 
order,  journey  to  ,  8  miles  distant,  attending  on 
Mrs.            ,  one  of  the  executor.s,  and  obtaining  same 

and  giving  a  receipt  ibr  same 110         110 

raid  chaise  hire 0  10     0         0  10     0 

."■).  Attending  registrar  discussing  this  matter  with 

him,  when  he  consented  to  settle  this  draft  order  for 

registrar  ,  and  settled  same  subject  to  counsel's 

certificate  as  to  jietitioner's  C  D.  settlement  .  .068  0134 
6.  Making  brief  copy  affidavit  of  C.  D.  and  another, 

filed  the         day  of  last,  and  copies  of  indentures 

of  settlement  and  release  together,  folio  ,  for 

counsel  to  peruse  and  give  certificate,  at  per  folio        .004         004 

13.  Attending  counsel  with  same 0     6     8         0     6     8 

Paid  fee  to  him  and  clerk 3     5     6         3     5     6 

Notice  to  .settle  order,  copy  and  service  .  .  .  .040  040 
23.  Attending  appointment  before  the   registrar  finally 

si'ttling  draft  order  .  .  .  .  '  .  .  \  0  6  8  0  13  4 
27.  Attending    before    the    registrar   settling    proof    of 

"I'l^-i' 0«;8         068 

October. 

19.  Paid  for  ordt-r 

Notice  to  pass  same,  co]>y  and  service     .... 

20.  Attending  passing  same  ...... 

25.  Drawing  affidavit  verifying  the  Bank  avei'age  price 

on  the         day  of  ,  1881,  as  woulil  be  e<iuivalent 

to  £    s.     d.  cash,  at  ])er  folio 

Engrossing  same,  at  i)er  folio 

Attending  deponent  to  be  sworn  to  same 

Paid  commissioner  taking  deponent's  oath     . 

Making  copy  of  atfidavit  to  be  marked  as  an  office  copy, 

at  ]ier  folio 

Paid  filing  affidavit 

Paid  for  office  co])y,  at  ])er  folio 

Sittings  fee     ........         . 

If  agency,  letters,  ^c 


0 

10 

0 

1 

0 

0 

0 

4 

0 

0 

4 

0 

0 

6 

8 

0 

13 

4 

0 

1 

0 

0 

1 

0 

0 

0 

4 

0 

0 

4 

0 

«) 

8 

0 

6 

8 

0 

1 

(i 

0 

1 

6 

0 

0 

4 

0 

0 

4 

0 

2 

0 

0 

2 

0 

0 

0 

2 

0 

0 

2 

0 

15 

0 

0 

15 

0 

0 

6 

0 

0 

6 

0 

]'2Q  APPENDIX   III. 


Michaehnas  Term,  1881. 


Lower  Scale.  Higher  Scale. 
£  s.  (?.  £  s.  d. 
0     5     0         0     5     0 


Making  copy  order  for  the  Taxing  Master,  folios  15 
Attending  at  the  Taxing  Master's  office  with  order  to  he 

referred  and  afterwards  for  same  .  .  .  .068  068 
DraAving  hill  of  costs  and  copy,  folio       ,  and  summary, 

folio  ^  ,  together  folios,  at  per  folio  .  .  •  ^  ^  ^  n  o  r 
Warrant  on  leaving  same  copy  and  service  .  .  .  0  ^  b  ^  ^  ^ 
Warrant  to  tax  same  copy  and  service  .  ^  .  •  .02  0  U2b 
Attending  taxing  same,  for  every  25  folios  or  fractional 

part •         •         .068         068 

Paid  for  copy  costs  of  respondents,  folio  _ 

Attending  taxing  same,  for  every  25  folios  or  fractional 

part 068         068 

Paid  for  certificate  and  transcribing  .  .  .  '  ^  ^  2  S  r  r 
Attending  to  file  same  and  hespeakmg  office  .  .  •  X  o  a  a  q  n 
Paid  for  office  copy         .         .         -         •         •         '   ,     :.  "^     ^        0     ^     U 

Attending  the  registrar  for  directions  to  sell  so  much  oi 
the  stock  as  Avould  raise  amount  to  he  paid  for  costs 
of  this  application  and  for  payment  of  shares  to  the 

petitioners ^Sc         a«« 

Attending  the  Paymaster-General  with  same  .  .  0  b  b  u  b  a 
Writing  to  petitioner,  Mr.  ,  informing  him  a 

cheque  was  ready  for  him  to  receive  out  oi  Court  ol 

his  share  of  the  fund ^25         n^r 

The  like,  petitioner  Mrs.  C.  D J     o     S         a     ?     r 

The  like,  to  petitioner  Ur.  G.  F.    .         .         .         •         .     0     ^     b         U     d     b 

Writin"  to  Mrs.  returning  her  probate  ol  her  hus- 

bancf  s  will         .         .         ..         .         .         ..036         036 

Attending  Mr.  returning  him  settlement  and  re- 

lease for  petitioner  C.  D.,  and  taking  his  receipt  for  ^     ^     o 

0     6     8         0     6     8 

same tx'i'         -     ^    ^     '- 

Attending  and  identifying  petitioner  C.  D.  on  her  re-  n     «     e 

ceiving  cheque  for  payment  of  her  share    .         .         .068        u     b     » 
The  like  attendance  on  petitioner  G.  F.  on  her  receiving 

cheriue  for  payment  of  her  share         .         .         .         .068         068 
The  like  attendance  on  petitioner  Mr.  on  his  re- 

ceiving cheque  for  payment  of  his  share     .         .         .068         068 
Attondim'  the  registrar  for  directions  to  transfer  stock 

to  the  account  of  •         ■         •         .068         068 

Attending  the  Paymaster-General  with  same 
Paid  for  otfice  copy  certificate  of  transfer 


0     6     8         0     6     8 
0     16         0     16 


Sittings  fee n     «     o         0     fi 

If  agency,  letters,  &c ?     ?     n         ?     ? 

Letters,  messengers,  &c. i     i     u 


0  15  0  0  15  0 
0 
0 


liespondent's  Costs. 

1881.     July.  .  .  ^     ,.  , 

11.  On  being  served  with  copy  petition,  attending  and 

giving  undertaking  to  appear  for  the  respondents 
Paid  for  copies  of  affidavits  in  sup])ort  of  same,  at  per 

folio  eacli 


0     6     8        0     6     8 
0     0     4         0     0     4 


RESPOND ENT's)  costs  FOR  PAYMENT  OF  MONEY  OUT  OF  COURT.      827 


Iii>(ruL'tioii>  Tor  aflidavit  of  in  ivjily     . 

DiawiiiL,'  sanu',  IVJio        ,  at  per  folio     . 

En^'rossiiiy  same,  at  per  folio 

Attending  deponent  to  be  sworn  to  same 

Paid  commissioner  taking  deponent's  oath 

Making  copy  of  this  aftidavit  to  Ix;  marked  as  an  oftice 
copy,  at  per  folio 

Paid  filing  attidavit 

Paid  for  ottice  copy,  at  per  folio  .  .  .  .  . 
(Charge  for  any  further  affidavits  and  exhibits,  if 
any,  as  in  applicant's  bill  of  costs.) 

12.  Drawing  brief,  at  per  folio 

^Making  brief  copy  of  same,  folio  ,  copy  i)etitioji, 

folio  ,  and  copies  of  affidavits  and  exhibits,  folio 

,  (and  if  any  affidavits  tiled  in  opposition,  copies 
of  same)  for  counsel,  together  folios        ,  at  per  folio 

Printed  copy  of  affidavit  of  H.  L.  and  others,  filed  the 
day  of  ,  1880,  for  counsel,  at  per  folio 

Attending  Mr.  with  brief  and  papers  . 

Paid  fee  to  him  and  clerk      .... 

Attending  Mr.  appointing  conference  . 

Paid  fee  to  him  and  clerk       .... 

Attending  conference 

16.  Attending  Court  when  iietitiou  heard,  and  order 
made  as  prayed  subject  to  affidavits  as  to  no  settle- 
ments ......... 

19.  Paid  for  copy  affidavit  of  G.  F.,  at  per  folio     . 

Perusing  same,  at  per  folio 

23.  Paid  for  copy  affidavit  of  C.  D.  and  H.  L.,  at  per 
folio 

Perusing  same,  at  per  folio 

Paid  for  copy  exhibits  referred  to  in  this  affidavit,  at  per 
Iblio    .......... 

Perusing  .same,  at  per  folio 


Lfiwcr  .Scale. 

X,  s.  il. 

0  6  8 

0  1  0 

0  0  4 

0  (J  8 

0  1  6 

0  0  4 

0  2  0 

0  0  2 


ilighcr  Sc.iIp. 

£  f.  (I. 

0  6  8 

0  1  0 

0  0  4 

0  6  8 

0  1  6 

0  0  4 

0  2  0 

0  0  2 


0     10         0     10 


0     0     4 


0     0     4 


0 

0 

2 

0 

0 

3 

0 

6 

8 

0 

6 

8 

3 

5 

6 

3 

5 

6 

0 

3 

4 

0 

6 

8 

1 

f; 

0 

1 

6 

0 

0 

13 

4 

0 

13 

4 

0 

13 

4 

0 

13 

4 

0 

0 

4 

0 

0 

4 

0 

0 

4 

0 

0 

4 

0 

0 

4 

0 

0 

4 

0 

0 

4 

0 

0 

4 

0 

0 

4 

0 

0 

4 

0 

0 

4 

0 

0 

4 

September. 

2.  Attending  petitioner's  solicitors  on   their  amending 

petition 0 

23.  Close  copy  draft  order  of  »  1881,  f(dios  l"i       .0 

Attending  before  registrar  settling  draft  order         .         .     0 


6     8 

0     6 

8 

5     0 

0     0 

0 

6     8 

0  13 

4 

October. 

20.  Attending  passing  same 

Sittings  fee     . 

If  agency,  letters,  cScc.     . 


0  6  8  0  13  4 
0  15  0  0  I'l  0 
0     6     0         0     6     0 


Michaelmas  Sitting!^,  1881. 

Drawing  bill  of  costs  and  copy,  at  per  folio   , 
"Wari'anf  on  leaving  same  coyx  and  service     . 


0     0     8 
0     2     6 


0     0     8 
0     2     6 


l,owcr  Scale. 
£      s.      il. 
0     0     4 
0     2     6 

Higher  Scale. 
£.      s.      il. 

0     0     4 
0     2     6 

0     6 
0     0 

8 
8 

0 
0 

6     8 
0     8 

0     6 
0  15 

0  6 

1  1 

8 
0 
0 
0 

0 
0 
0 
1 

6     8 

15     0 

6     0 

1     0 

828  A^PE^■DIX  irr. 


Perusing  ^amc         ........ 

"Warrant  to  tax  same  copy  and  service   .... 

Attending  taxing  same,  for  every  25  folios  or  a  fractional 

part • 

Paid  for  copy  bill  of  costs  of  petitioners,  at  per  folio 
Attending  taxing  same,  for  every  25  folios  or  fractional 
part    .......••. 

Sittings  fee     .....•••         • 

If  agency,  letters,  &c 

Letters,  messengers,  &c.  ...... 

Memorandum. — If  the  same  solicitors  are  engaged 
for  the  petitioners  and  respondents  no  close 
copies,  perusing,  notices  of  tiling  atiidavits,  &c., 
will  be  allowed. 
If  the  applicants  obtain  an  order  for  the  whole  of 
the  fund  to  be  transferred  and  paid  over  to  them, 
the  respondents  are  not  entitled  to  take  copy  of 
applicants'  bill  of  costs,  or  to  tax  same. 


Costs  of  Notice  to  restrain  transfer  of  Stuck  and  Poyrnent  of  Dividends. 

Instructions  to  sue          .         .         ..         .         .         .068  0  13     4 

DraAving  notice,  at  per  folio 010  010 

Instiuctions  for  afhdavit  of              0     6     8  0     6     8 

Drawing  same,  folios             ,  at  per  folio         .         .         .010  010 
Engrossing  affidavit  and  notice  annexed  to  same,  at  per 

folio 004  004 

Attending  deponent  to  be  sworn  to  same        .         .         .068  068 
Paid  commissioner  taking  deponent's  oath  and  marking 

exhibit        .         .         .' 0     2     6  0     2     6 

Making  copy  affidavit  and  notice  to  be  marked  as  an 

'     office  copv,  at  ]»er  folio 004  004 

Paid  filing  affidavit 0     2     0  0     2     0 

Paid  for  office  copv,  at  jier  folio 0     0     2  0     0     2 

Paid  stamping  notice 0  10     0  0  10     0 

Attending  the  solicitors  to  the  bank  and  with  them  to 

the  Bank  of  England,  when  notice  was  entered  in  the 

books  and  stock,  and  payment  of  dividends  restrained     0  13     4  0  13     4 

Paid  the  charges  of  the  solicitor  to  the  bank  .         .         .     0  13     4  0  13     4 

Sittings  fee 0  15     0  0  15     0 

If  agency,  sittings  fee     .         .         .         .         .         .         .110  110 

If  the  application  is  made  on  behalf  of  an   infant  or 

married  woman,  charge       ...... 

Drawing    authority    and    attending    obtaining    consent 

of  Mr.               to  sue  in  his  name  as  next  fiiend  .          .068  0  13     4 


rKTlTIONEll's    COSTS    FOR    WINDING    VV    A    COMI'ANV. 


82.1 


WINDING    UP. 


PETITIONER'S    COSTS    KOK    WINDING    UP 
COMPANY. 


if  this  ciim- 


Ix  THE  High  Court  of  Justice. 

CHANCERY  DIVISION. 
In  the  matter  of  the  Company,  Lvmited, 

AND 

In  the  matter  of  the  Comjmnies  Acts,  1862  and  1867. 
TaJ-ed. 

Bill  of  Costs  of  creditors  to  he  taxed  in  pursuance  of  the  Orders  made  iu 

these  matters  on  the  day  of  187     . 

Hilary  Sittings,  187     . 
187     .  March.  ^    ^     ^^ 

Attending  Messrs.  and  receiving  their  instructions  to  present 

a  petition  to  wind  up  this  company 

Drawing  petition,  folios  22 

Attending  counsel  with  same  to  settle 

Paid  fee  to  him  and  clerk 

Attending  at  the  Joint  Stock  Registry  Office  searchinj. 

pany  registered  and  found  same  was 

Paid  search 

Making  fair  copy  petition  to  present 
Making  fair  copy  of  same  for  the  Judge     . 
Attending  to  present  same  and  afterwards  for  fiat 

Paid  stamping  petition 

Drawing  advertisement  of  petition  being  presented  to 

company,  folios  4 • 

Making  fair  copy  of  same  to  be  inserted  in  Gazette    . 
Attending  to  insert  same  in  the  Gazette     . 
Paid  for  insertion  and  copy  Gazette  .... 
Making  copy  of  same  to  be  inserted  in  the  paper 

Attending  to  insert  .same 

Paid  for  insertion  and  copy  paper      .... 
Making  copy  of  same  to  be  inserted  in  the  paper 

Attending  to  insert  same 

Paid  for  insertion  and  copy  paper      .... 
Making  copy  of  advertisement  in  the  paper     . 

Attending  to  insert  same 

Paid  for  insertion  and  copy  paper      .         .         .         . 
Instructions  for  affidavit  of  verifying  statement  m 

Drawing  same,  folios  3 

Engrossing  same 

Preparing  exhibit 

Attending  deponent  to  be  sworn  to  same    . 
Paid  commissioner  taking  di-jM.nt'nt's  oath  and  marking 
Making  cony  affidavit  to  Ix-  markt-d  as  an  office  copy 
Paid  filing  affidavit 


nd  up  the 


petition 


xhibit 


0 

13 

4 

1 

2 

0 

0 

6 

8 

2 

4 

6 

0 

6 

8 

0 

1 

0 

0 

7 

8 

0 

7 

8 

0 

6 

8 

1 

0 

0 

0 

4 

0 

0 

1 

4 

0 

6 

8 

0 

1 

4 

0 

G 

8 

0 

1 

4 

0 

6 

8 

0 

1 

4 

0 

6 

8 

0 

6 

8 

0 

3 

0 

0 

1 

0 

0 

1 

0 

0 

6 

8 

0 

2 

6 

0 

1 

0 

0 

2 

0 

830 


APPENDIX    HI. 


Paid  lor  office  copy 

Copy  and  service  of  petition  on  a  clerk  of  the  company     •         ; 
Preparing  summons  for  appointment  of  provisional  official  liquidator 

and  atfending  at  Chambers  to  get  same  sealed        .         .    '     . 

Paid  stamping  same 

^Making  copy  of  summons  to  leave  at  Chambers  .         .         .         • 

Copy  and  service  of  same  on  clerk  to  the  company    .         .         . 
Instructions  for  affidavit  of  _     verifying  the  fitutss  of 

to  he  appointed  provisional  official  liciuidator  .... 

Drawing  same,  folios  4 

Enifrossing  same 

Attending  deponent  to  be  sworn  to  same 

Paid  comniissioner  taking  deponent's  oath 

Making  copy  of  same  to  be  marked  as  an  office  copy 

Paid  filing  affidavit 

Paid  for  office  copv     .■ ,  ■         •         • 

Instructions  for  affidavit  of  verifying  htness  of 

to  he  appointed  provisional  official  liquidator 

Drawing  same,  folios  3 

Engrossing  same         ..•■••• 
Attending  deponent  to  be  sworn  to  same   . 
Paid  commissioner  taking  deponent's  oath 
Jklaking  copy  affidavit  to  be  marked  as  an  office  copy 

Paid  filing  affidavit 

Paid  for  otfice  copy 

Notice  of  filing  these  affidavits,  copy  and  service        .  _ 

20  Prepaiing  summons  for  a])pointment  of  provisional  official  liqui- 
dator on  the  petition  of  and  attending  at  Chambers  to  get 
same  sealed     ...■••■•••• 

Paid  stamping  same  . 

Making  copy  of  summons  to  k-ave  at  ChambL-rs         .... 
Coi)y  a"nd  service  of  same  on  a  clerk  of  the  company  .         . 

Copy  and   service  of  same    on    the    solicitors   for    tlu'    pL'titioiu-r, 

Mr.  ,    .  • 

Paid  for  copy  petition  of  to  wind  up  the  company,  lolios  12  . 

Instructions  for  further  affidavit  of  .         . 

Drawing  same  (exclusive  of  correspondence),. folios  8 

Erigrossnig  same,  including  correspondence,  folios  10         .         .         . 

Preparing  3  exhibits 

Attending  de])onent  to  be  sworn  to  same  . 

Paid  commissioner  taking  deponent's  oath  and  markin 

Making  coi)y  affidavit  to  be  marked  as  an  office  copy 

I'aid  filing  affidavit 

Paid  for  office  copy 

Drawing  affidavit  of  (solicitoi''s  clcik),  l<dios  4 

Engrossing  same         .....•••■ 

Pivpaiing  2  exhibits 

Attending  dfpoiient  to  Im-  sworn  to  sann-                                .         . 
Paid  commissioni-r  taking  dcjionent's  oatli  and  niaiking  exhil>its 
Making  copy  affidavit  to  l>c  marked  ns  an  office  copy 
Paid  fiTing  affidavit 

Paid  for  office  copy    .  •  •       .  • 

Notice  of  fding  these  affidavits,  copy  and  8.TV1C.- 


exhibits 


£ 

s. 

(/. 

0 

0 

G 

0 

12 

8 

0 

6 

8 

0 

3 

0 

0 

2 

0 

0 

4 

6 

0 

6 

8 

0 

4 

0 

0 

1 

4 

0 

6 

8 

0 

1 

6 

0 

1 

4 

0 

2 

0 

0 

0 

8 

0 

6 

8 

0 

3 

0 

0 

1 

0 

0 

6 

8 

0 

1 

G 

0 

1 

0 

0 

2 

0 

0 

0 

6 

0     2     0 


0 

6 

8 

0 

3 

0 

0 

2 

0 

0 

4 

G 

0 

4 

G 

0 

4 

0 

0 

() 

8 

0 

8 

0 

0 

3 

4 

0 

3 

0 

0 

G 

8 

0 

4 

() 

0 

3 

4 

0 

2 

0 

0 

1 

8 

0 

4 

0 

0 

1 

4 

0 

2 

0 

0 

G 

8 

0 

3 

G 

0 

1 

4 

0 

2 

0 

0 

0 

8 

0 

2 

G 

Paid  for  copy  affidavit  of 


folios  11 


I'KTITIONEH's   costs    FOK    \\INI)IN(;    UI'   a   COMI'ANV.  S31 

./. 

I'misiii;,'  8;iin:- (»     ;j     8 

I'aiil  for  copy  atliihivit  ot  ,  I'olio.s  (i 0     2     0 

i'ciusiii^'  saint'    .         .         .         .         .         .         .  .         .         .         .     0     -2     0 

Atti'iitliu^'  suimuuiis  fur  an  ainxiintUR-ut   (if  u  provitsional   ollicial 
li(liii(.lator,  when  sonif  adjounud  to  the  Jud^o,  as  the  chief  clerk 
declined  to  make  an  order,  the  company  not  consenting,'         .         .     0  13     4 
Drawing' brief  for  counsel  (exclusive  of  correspondence),  folios  10     .     0  10     0 
Making'  2  brief  copies  of  same,  including'  correspondence  for  counsel, 

folios  IG  each  .         .         .         .         .         .         .         .         .         .0108 

Makin-,'  2  brief  copies  of  jK-tition  and  allidavits  of  ,  the  peti- 

tioner, and  for  counsel,  (ulios  39  each       .         .         .         .10     0 

Making  2  brief  co])ies  of  exhibits    referred  to   in  the  allidavits  of 

,  the  petitioner,  and  for  counsel,  folios  10  each    .008 

Makin;^' 2  brief  copies  of  petition  of  for  counsel,  f(dios  12  each     0     H     0 

-Makin^^  2  brief  copies  of  affidavits  of  for  counsel,  fulios  17  each     Oil     4 

Attending' Mr.  with  brief  and  papers 0  13     4 

Paitl  fee  to  him  and  clerk  .         .         .         .  .     ">  10     0 

Attending' Mr.  with  brief  and  papers 0     0     8 

Paid  fee  to  him  and  clerk 3     .'»     0 

Attending'  Mr.  appointing  consultation  .008 

Paitl  fee  to  him  and  clerk  .         .         .         .         .  .     2     !>     (5 

Attending  Mr.  appointing  consultation  .         .  .     o     o     m 

Paitl  fee  to  him  and  clerk .13     0 

24.  Attending  cttnsultation 0   13     4 

Attending  Court  petition  in  paper,  when  order  made  ttj  wind  up  Mr. 
,  petititin  to  be  transferred  from  Vice-Chancellor's  Court 
and  carriage  of  tinier  given  tt)  us    .         .         .         ,         .         .         .220 
Attending  the  registrar  with  brief  ami  papers  and  bespeaking  tlmft 

oitler 0     0     8 

Attending  adjouriud  summons  for  a]ipointment  t.f  provisional tiHicial 
liquidator  at  Vice-Chanctlltir's  Chambers,  when  no  onler  nuxile, 
an  onler  to  wind  up  having  been  made 0     0     8 

27.  Close  copy  draft  order  of  24th  inst.,  folios  7         .         .         .         .024 
Notice  to  settle  .sam(%  copy  and  service      .         .         .         .         .         .040 

28.  Attending  apjiointnient  to  settle  draft  order,  when  objections 

M-ere  taken  that  the  atlvertisenunts  were  not  regular  .         .008 

Drawing  brief  and  ct.py  ft.r  ct.unsel  tt.  a].ply  ft)r  leave,  tlniwing  uji 
onler  on  petitions,  ntitwithstanding  the  advertisement  in  some  of 
the  newspajH'i-s  had  not  N-en  inserted  seven  days  beftire  j)etition 
was  heanl       .......... 

Attending  counsel  with  same     ...... 

Paid  fee  to  him  and  clt  rk  ........ 

Attending  Court  when  onler  directed  to  be  dniwn  u\> 
Subsoiiuently  attending  beft.re  the  registrar  .settlinu'  draft  tird.r 
Notice  to  jiass  tinier,  copy  antl  service        ..... 

Paid  for  tmler    .......... 

Attending  passing  .sjmie 

Drawing  advertisement  of  onler  and  copy  for  the  (.Jazetto,  folios  3 

Attending  to  insert  .same  in  CJazette 

Paitl  for  insertion  and  co]n"  Cazette 

Makinj,'  copy  onler  for  the  chief  clerk,  folios  7  .  .024 

I'reparing  summons  to  proceed  on  same,  and  attending  at  Chanib.  rj 

to  get  same  sealetl .008 

Paid  stamping  same 0    3    0 


0 

0 

o 

0 

8 

1 

3 

(> 

0 

13 

4 

0 

13 

4 

0 

4 

0 

1 

0 

0 

0 

13 

4 

0 

4 

0 

0 

f. 

8 

832 


APPENDIX   III. 


Making  copy  of  summons  to  leave  at  Cliambeis 
Copy  and  service  of  same  on  respondent's  solicitors 
Sittings  fee         ......         • 

If  agency,  letters,  &c. 


£  s.  <'. 

0  2  0 

0  4  6 

0  15  0 

0  C  0 


April. 


Easter  Sittinr/s,  I8't 


flaking  ctipy  order  to  wind  up  the  company  for  the  Joint  Stock 
Company  Registry 

Attending  at  Somerset  House  stamping  same 

Paid  stamp •         • 

Attending  at  the  Joint  Stock  Company's  Registration  Oltice,  tiling 
copy  order,  and  filling  np  and  obtaining  memorandum  of  filing     . 

12.  Attending  adjourned  summons  for  appointment  of  provisional 
official  liquidator,  when  as  the  order  to  wind  up  the  company  had 
been  made  since  summons  adjourned,  and  the  assets  not  sufficient, 
requiring  protection  until  the  a])pointment  of  the  official  liqui- 
dator, no  order  was  made,  excepting  the  costs  of  the  application 
should  be  costs  in  the  winding  up 

13.  Attending  summons  to  proceed  on  the  order  of  the  24th  ultimo, 
when  directions  were  given  to  adveitise  the  day  and  honr  ap- 
pointed to  appoint  an  official  liriuidator  ..... 

Drawing  advertisement  accordingly,  folios  2      .         .         . 

Making  fair  copy  of  same  for  the  signature  of  the  chief  clerk     . 

Paid  stamping  same 

Attending  the  chief  clerk  on  his  signing  same    ..... 

Attending  to  insert  same  in  Gazette 

Paid  for  insertion  and  copy  Gazette 

Making  copy  of  same  to  insert  in  the 

Attending  to  insert  same  . 

I'aid  fur  insei'tion  and  copy  paper 

I^Iaking  copy  of  same  to  insert  in  the 

Attending  to  insert  same  . 

Paid  for  insertion  and  copy  paper 

Altending  ai)pointment  before  the  chief 
liquidatoi',  when  he  ai)pointed  Mr. 

an<l  same  was  adjc)urned  at  the  re(iuest  of  the  respondents  to  the 
Judge 

Attendiii''  to  "et  Master  in  rotation  marked 


newspapei" 


iiewspaper 


0  2  4 

0  6  8 

0  5  0 

0  6  8 


1     1     0 


clerk  to  ap])oint  an  otficial 
as  otficial  li(iuidator, 


0 

13 

4 

0 

2 

0 

0 

1 

0 

1 

0 

0 

0 

6 

8 

0 

6 

8 

0 

1 

0 

0 

6 

8 

0 

1 

0 

0 

(; 

8 

0     0     8 
0     6     8 


Mmj. 
Attending  before  the  Judge,  on  adjouined  summons,  to  ajipoint  an 

official  liquidator,  when  after  much  discussion  same  was  adjourned      110 
8,  Attt^ndiiig  adjourned  appointment  before  the  Judge,  when  he  con- 
firmed the  appointment  made  by  the  chief  clerk    .  .         .         .110 
Piepai'ing   order  and   attending   to   get    same  settled,  signed,   and 

entered 0  13     4 

Engrossing  oriK-r,  iolios  5.         .         .         .         .         .         .         .         .018 

Paid  stamping  same 050 

Drawing   bill    of    costs   and    co]iv,    folios   31,   summary,    folios    2, 

together  33     .         .         .         .         .         •         •         .       '.         .         .12     0 


PETITIONER  S   COSTS    KOU   WINI'IN'G    UP   A 


Wuriaut  (111  li'avin^'  cdjiy  and  sciviLC 

Warrant  to  tax,  copy  ami  service 

Attending  taxing  same       .... 

Certificate  and  transcribing 

Attending  to  file  same,  and  afterwards  fur  office  copy 

Paid  for  office  copy 

Sittings  fee 

Letters,  &c 

If  agency,  letters,  &c.         .... 
Pai<l  ad  calorem  diitv  .... 


C<»Mr.\N\ 

£ 

H. 

33 

0 

.0 

(*> 

0 

.') 

(5 

0 

13 

4 

1 

2 

0 

0 

G 

8 

0 

3 

0 

0 

15 

0 

1 

1 

0 

0 

u 

0 

WINDING  UP.— COSTS  OF  THE  COMPANY. 
Ik  the  High  Court  of  Justice. 

CHANCERY  DIVISION. 
Ill  the  Matter  of  the  Companies  Acts,  1862  and  1867, 

AND 

In  the  Matter  of  ,  Company,  Limited. 

Bill  of  Costs  of  the  Respondents  (the  Company)  to  be  taxed  in  pursuance 
Order  made  on  the  day  of  ,  187  . 


of  the 


187  .  March. 


Hilary  Sittinfjs,  187 


Attending  the  secretary  of  the  company  on  being  served  with  copy 
of  petition  to  wind  up  the  comjjany,  and  taking  his  instructions 
to  defend  same       .......... 

Paid  for  copy  affidavit  of  Mr.  in  supi>ort  of  summons  to 

appoint  provisional  li<|iiidator,  folios         ,  at  per  folio  . 

Perusing  same,  at  per  folio         ........ 

If  agency  close  coi)y,  at  per  fcdio        ....... 

Attending  summons,  oruer  made  to  appoint  provisional  licjuidator, 
Ml".  ,  upon  security  being  given     ..... 

Paid  for  copy  affiilavit  of  sureties,  folios         ,  at  per  folio 

Perusing,  at  per  folio 

If  ajjency,  close  copy,  at  per  folio       ....... 

Paid  for  copy  recognizance  folio,  at  per  folio 

If  a  guarantee  society's  bond  taken 

Paid  for  copy  liond  and  affidavit,  at  per  folio 

Perusing  affidavit,  at  per  folio  ........ 

If  agency,  close  cojiy,  at  per  folio 

Attending  ai)pointment  before  the  chief  clerk,  when  security  was 
approved,  and  the  certificate  of  approval  directed  to  issue 

Paid  for  copy  draft  certificate,  at  per  folio 

Close  copy,  at  per  folio 

Attending  appointment  settling  draft  certificate         .... 

AttendinL' ou  same  beiiiL' signed 


0  13     4 


0 

0 

4 

0 

0 

4 

0 

0 

4 

0 

0 

4 

0 

0 

4 

0 

0 

4 

0 

0 

4 

0 

0 

4 

0 

0 

4 

0 

0 

4 

0 

0 

4 

0 

0 

4 

0     6     8 


834 


APPENDIX   III. 


,  Q.C.,  Avith  brief  and  papers, 
•with  brief  and  papers     . 
,  Q.C.,  appointing  consultatiun 
,  appointing  consultation 


Paid  for  copy  further  uttidaA'it  of  petitioner  in  support  of  his  petition, 
folios         ,  at  per  folio 

Perusing  same,  at  per  folio         .         .         .         .         . 

If  agency  close  copy,  at  per  folio        . 

If  the  company  really  oppose  the  application,  then  charge  for  the 
necessary  evidence  in  support  of  the  opposition  and  for 
notices,  &c.     .         .         .         .         .         .         •         •         •         •         • 

Drawing  brief  for  cf)unsel  to  appear  on  the  hearing  of  the  petition, 
folios      ,  at  per  folio . 

Two  copies  thereof,  folios      ,  at  per  folio  each 

The  like  of  petition,  folios  ,  at  per  folio  each  .... 

The  like  of  the  affidavits  in  support,  folios  ,  at  per  folio  each  . 

The  like  of  the  affidavits  in  reply  (if  any),  folios  ,  at  per  folio 
each 

The  like  of  the  exhibits  (if  any),  folios    _        ,  at  per  folio  each 

Attending  Mr. 

Paid  fee  to  him  and  clerk 

Attending  Mr. 

Paid  fee  to  him  and  clerk . 

Attending  Mr. 

Paid  fee  to  him  and  clerk . 

Attending  Mr. 

Paid  fee  to  him  and  cleik  . 

Attending  consultation      ......... 

Attending  Court  petition  in  paper,  but  not  reached  .... 

Attending  Court  petition  heard,  when  order  made,   .... 

Or  not  to  exceed        ........•• 

Close  copy  order,  folios         ,  at  per  folio   ...... 

Attending  settling  same 

Or  not  to  exceed         .......... 

Attending  passing  same     .         .         .         .         .         .         .         .         • 

Attending  summons  to  proceed  under  order  to  wind  up,  when  di- 
rections were  given  to  advertise  the  day  and  hour  appointed  to 
a]ipoint  an  official  liquidator .         .         .         .         .         .         .         . 

Attending  a})p()intment  before  the  cliief  clerk  to  appoint  an  official 
liciuidator,  when  he  appointed  Mr.  ,  who  had  been 

])reviously  a]ii)ointcd  provisional  otiicial  liquidator,  when  same  was 
adjourned  at  the  re<|uest  of  the  respondents  to  the  judge 

May. 

Attending  liefore  the  judge  on  adjourned  summons  to  appoint  an 
(ifficial  li([uidat(>r,  when,  after  much  discussion,  same  was  ad- 
jouined  ............ 

Attending  adjourned  appnintnient  Itcfore  the  judge,  when  he  con- 
fiiined  the  appointment  made  by  the  chief  clerk    .         .         .         . 

Diawing  bill  of  costs  and  copy,  folio.s  ;  and  summary,  folios  ; 
together,  folios  ;  at  per  folio 

Warrant  on  leaving,  and  copy  and  service  of  same  on  the  solicitoi's 
for  the  official  li(iuidator 

Warrant  to  tax,  and  copy  and  service  on  tlie  same  solicitors 

Attending  taxing,  at  per  25  folios  or  li'actioual  pait  .... 

Sittings  fee 

If  agency,  letters,  &c.         ......... 

Letters,  messengers,  &c 


0  0  4 
0  0  4 
0     0     4 


0 

1 

0 

0 

0 

4 

0 

0 

4 

0 

0 

4 

0 

0 

4 

0 

0 

4 

0 

6 

8 

3 

5 

6 

0 

6 

8 

2 

4 

6 

0 

6 

8 

2 

9 

6 

0 

6 

8 

1 

3 

6 

0 

13 

4 

0 

10 

0 

1 

1 

0 

2 

2 

0 

0 

0 

4 

0 

13 

4 

3 

3 

0 

0 

13 

4 

0  0  8 

0  5  G 

0  5  0 

0  6  8 

0  15  0 

0  C  0 

1  1  0 


COSTS    OF   OFFICIAL   LIQUIDATOR   ON,  ETC. 


835 


WINDING  UP.  —  COSTS  OF  THE  OFFICIAL  LIQUIDATOR  ON 
HIS  APPLICATION  FOR  LIBERTY  TO  PAY  IN  UNCLAIMED 
DIVIDENDS,  AND  COSTS  OF  A  SHAREHOLDER'S  APPLI- 
CATION   TO  VARY  THE   CHIEF  CLERK'S   CERTIFICATE. 

Costs  of  the  Official  Liquidator  on  his  Application  for  Liberty  to  pay  into  Court 
£  for  Unclaimed  Dividends. 

Trinity  Sittings, 

£     t.     ./. 
On  receipt  of  letter  tV(^m  the  ofHcial  liquidator  requesting  us  to  apply 
for  an  order  for  him  to  be  at   lil)erty  to  pay  into  Court  £  , 

the  amount  of  unclaimed  dividends,  and  for  order  to  dissolve  the 
cojnpany,  attending  and  conferring  with  him  thereon    . 
Drawing  special  summons  for  him  to  he  at  liberty  to  pay  into  Court 
£  ,  and  for  order  tt)  dissolve  the  company,  and  attending  at 

Chambers  to  get  same  sealed ........ 

Paid  stamping  same  .......... 

Making  cojiy  of  oider  to  leave  at  Chambers       ..... 

Instructions  for  affidavit  of  official  licj^uidator  in  sup^wrt  of  same 

Drawing  same,  folios  4,  Is.  per  folio 

Engi'ossing  same,  4(7.  per  folio 

Preparing  two  exhibits 

Attending  deponent  to  l)e  sworn  to  same  ...... 

Paid  commissioner  taking  deponent's  oath  and  marking  exhibits 
Making  copy  affidavit  to  be  marked  as  an  office  copy 

Paid  filing  affidavit 

Paid  for  office  copy 

Attending  summons  when,  as  the  official  liquidator's  remuneration, 
amounting  to  £  ,  had  not  been  paid  to  him,  the  summons 

was  adjourned  to  the  judge    ........ 

Attending  adjourned  summons  before  the  judge,  when  he  ordered  all 
unpaid  dividends  to  be  paid  into  Couit,  but  the  dividends  on 
claims   which  exceeded  £         ,  and  dividends  on  claims  which 
exceeded        ,  but  did  tlid  not  exceed  £        ,  were  to  be  scheduled, 
and  the  others  were  not  to  be         .....         . 

Drawing  order  accordingly,  folios  30  ..... 

Attending  settling  same    ........ 

Making  fair  copy  to  leave  at  Chambers      ..... 

Close  copy  of  registrar's  draft  order 

Attending  settling  same 

Examining  and  correcting  proof 

Paid  for  oider    .......... 

Attending  passing  same 

Attending  at  the  PavTuaster-tieneral's  office  with  same,  and  bespeak 
ing  his  directions  for  payment  in  of  the  money,  and  afterwards  for 
same       ............ 

Attending  at  the  Bank  of  England  paying  in  money,  and  bespeaking 
office  copy  receipt,  and  afterwards  for  same   ..... 

Paid  for  office  copy  receipt         ..,...,, 
Drawing  bill  of  costs  and  copy,  folios  11,  at  8d.  per  folio  . 

3  u 


0 

6 

8 

I 

1 

0 

0 

.3 

0 

0 

2 

0 

0 

6 

8 

0 

4 

0 

0 

1 

4 

0 

2 

0 

0 

6 

8 

0 

3 

6 

0 

1 

4 

0 

2 

0 

0 

0 

8 

0  13     4 


1  1  0 

1  10  0 

0  13  4 

0  10  0 

0  10  0 

1  1  0 
0  6  8 
0  5  0 
0  13  4 


0     6 


836  APPENDIX    III. 

£      s.      il. 

Attending  taxing  same 0G8 

Paid  ad  valorem  duty 

Sittings  lee        .       " .         •         ...     0  15     0 


Costs  of  Executrix  of  a  SliareJiolder  on  her  A'pplication  to  vary  the  Chief  Clerk's 

Certificate. 

Michaelmas  Sittings,  1877. 

Novemher,  1877. 

Attending  Mrs.  ,  conferring  with  her  as  to  her  claim  as 

executrix  of  ,  tlie  holder  of        shares  of  the  company, 

and  taking  her  instructions  to  enforce  the  claim    .         .         .         .     0  13     4 
Paid  for  copy  chief  clerk's  certificate,  folios  26,  at  'id.  per  folio  .088 

Perusing  same  ditto  .088 

Paid  for  copy  notice  ditto  .010 

Perusing  same  ditto  .010 

Preparing  summons  to  vary  the  chief  clei'k's  certificate,  and  attend- 
ing at  Chambers  to  get  same  sealed        .         .         .         .         .         .     0  13     4 

Paid  stamping  same 030 

Making  copy  to  leave  at  Chambers 0     2     0 

Copy  and  service  of  same  on  official  liquidator's  solicitors        .         .046 
Instructions  for  affidavit  of  in  support  of  summons       .068 

Drawing  same,  folios  14,  at  Is.  per  folio 0  14    0 

Engrossing  same         .         .         .         .         .         .         .         .         .         .048 

Preparing  two  exhibits      .         .         . 020 

Attending  deponent  to  be  sworn  to  same 0     6     8 

Paid  commissioner  taking  deponent's  oath  and  marking  exhibits       .036 

Paid  filing  affidavit 020 

Making  copy  to  be  marked  as  an  office  copy      .         .         .         .         .048 

Paid  for  office  copy '.         .024 

Notice  of  filing  same,  and  copy  and  service 0     4     0 

Attending  summons  to  vary  the  chief  clerk's  certificate,  when  the 
solicitors  for  the  official  liqtiidator  required  an  adjournment  to 
enable  them  to  confer  with  their  clients  upon  applications  affidavit, 

when  same  adjourned 068 

Paid  for  copy  affidavit  of  ,  folios  7         .         .         .         .024 

Perusing  same 024 

Attending  appointment  before  the  chief  clerk  on  adjourned  summons 
to  vary  his  certificate,  when  same  was  disallowed,  and,  at  applicant's 

request,  same  was  adjourned  to  the  judge 0  13     4 

Notice  to  the  official  liquidator's  solicitors  that  we  should  attend  the 

adjourned  summons  before  the  judge  T)y  counsel   .         .         .         .040 

Instructions  for  affidavit  of 0     6     8 

Drawing  same,  folios  6 060 

Engrossing  same        .         .         .         .         .         .         .         .         .         .020 

Attending  dej^onent  to  be  sworn  to  same 0     6     8 

Paid  commissioner  taking  deponent's  oath 0     16 

Paid  his  expenses  for  journey  to  and  from  Oxford  and  London  to 

make  affidavit 1   10     0 

Paid  filing;  affidavit .020 


COSTS  OF  EXECUTRIX  OF  A  SHAREHOLDER  TO  VARY  CERTIFICATE.      837 


Making  c^py  of  same  to  he  iiiaikoJ  as  an  office  copy- 
Paid  for  office  cojiy 

Notice  of  filing  same,  copy  and  service 

1878,  January. 
Instructions  for  affidavit  of  ...... 

Drawing  same,  folios  9        .......         . 

Engrossing  same 

Attending  deponent  before  a  commissioner  to  be  sworn  to  same 
Paid  commissioner  taking  deponent's  oatli        .... 
Paid  deponent  for  his  expenses  for  making  affidavit  . 
Making  copy  of  tliis  affidavit  to  be  marked  as  an  office  copy 

Paid  filing  affidavit 

Paid  for  office  copy     ......... 

Instructions  for  affidavit  of 

Drawing  same,  folios  7       .......         . 

Engrossing  safiie         ......... 

Attending  deponent  liefore  a  commissioner  to  be  sworn  to  same 
Paid  commissioner  taking  deponent's  oath         .... 

Paid  deponent  for  liis  expenses  to  make  affidavit 

Making  copy  affidavit  of  this  affidavit  to  be  marked  as  an  office  copy 

Paid  filing  affidavit 

Paid  for  office  copy    ......... 

Notice  of  filing  these  two  affidavits,  copy  and  service 


£ 

«. 

d. 

0 

2 

0 

0 

1 

0 

0 

4 

0 

0 

6 

8 

0 

9 

0 

0 

3 

0 

0 

6 

8 

0 

1 

6 

0 

10 

6 

0 

3 

0 

0 

2 

0 

0 

1 

6 

0 

(5 

8 

0 

7 

0 

0 

2 

4 

0 

6 

8 

0 

1 

6 

0 

10 

6 

0 

2 

4 

0 

2 

0 

0 

1 

2 

0 

4 

0 

Hilary  Sittings,  1878. 

14.  Having  received  notice  from  the  official  liquidator  that  he  in- 
tended to  read  portions  of  the  examination  of  on  the 
hearing  of  adjourned  summons  :  Attending  and  perusing  same  and 
bespeaking  extract 

Paid  for  copy  extract,  folios  6    .......         . 

Attending  adjourned  summons  for  allowance  of  this  claim,  when 
.<ame  further  adjourned  for  a  week  to  enable  the  chief  clerk  to 
read  the  further  evidence 

22.  Attending  adjourned  summons,  when  the  chief  clerk  said  he  was 
of  opinion  that  notice  had  been  given  of  withdrawal  as  alleged,  and 
at  the  official  liquidator's  request,  summons  was  adjourned  to  the 
judge      

Drawing  brief  for  counsel,  folios  12  ....... 

Making  fair  copy  of  same,  folios  12  ;  copy  summons,  folios  4  ;  copy 

affidavit  of  ,  folios  14  ;  copy  affidavit  of  , 

folios  7  ;  copy  extracts,  folios  6  ;  copy  affidavit  of  ,  folios 

C  ;  copy  affidavit  of  ,  folios  9  ;  and  copy  affidavit  of 

,  folios  7,  for  counsel,  together  63  folios 

Attending  Mr.  Avith  same        .... 

Paid  fee  to  him  and  clerk 

Attending  Mr.  appointing  conference  . 

Paid  fee  to  him  and  clerk 

Attending  conference  ....... 

Attending  adjourned  summons  before  the  judge,  when  claim  allowed 

Drawing  order,  folios  8 


0  13     4 


1 

1 

0 

0 

6 

8 

2 

4 

6 

0 

6 

8 

1 

(5 

8 

0 

13 

4 

0 

13 

4 

0 

8 

0 

838 


APPENDIX    III. 


Notice  to  settle  same,  copy  and  service 

Attending  appointment  settling  draft  order  to  vary  tlie  chief  clerk's 
certificate 

Engrossing  order       .......... 

Paid  stamp 

Attending  chambers  obtaining  an  appointment  to  make  alterations  in 
chief  clerk's  certificate,  and  attending  at  the  Report  Office  arranging 
for  the  repoit  clerk  to  attend  to-morrow  at  the  chief  clerk's 
chambers  with  original  certificate  for  alterations  to  be  made 
therein 

"Writing  to  official  liquidator's  solicitors  acknowledging  receipt  of 
their  letter,  and  informing  them  of  the  appointment  to-morrow, 
and  requesting  them  to  attend  and  produce  the  office  copy  certi- 
ficate of  the  ciaief  clerk 

Attending  appointment   before   the   chief  clerk,  when   alterations 
directed  by  the  order  were  made  in  original  certificate,  and  pro 
ducing  order,  passed  and  entered 

Making  copy  order  for  the  Taxing  Master,  folios  8   , 

Drawing  bill  of  costs  and  copy,  folios  25   . 

Warrant  on  leaving  same,  copy  and  service 

Warrant  to  tax,  copy  and  service       ..... 

Attending  taxing  same      ....... 

Certificate  and  transcribing 

Attending  to  file  same  and  bespeak  oifice  copy  . 

Paid  for  office  copy    ........ 

Letters,  messengers,  &c.     ....... 

Paid  ad  valorem  duty. 


£ 

s. 

<L 

0 

4 

0 

0 

13 

4 

0 

2 

8 

0 

5 

0 

0     6 


0     .3     6 


0  13 

4 

0     2 

8 

0  16 

8 

0     5 

6 

0     5 

6 

0     6 

8 

1     2 

0 

0     6 

8 

0     3 

0 

1     1 

0 

In  the  matter  of  the  Companies  Acts,  1862  and  1867. 

AND 

In  the  matter  of  the  £  Company,  Limited. 

Bill  of  Costs  of  the  Liquidator  to  he  taxed,  in  pursuance  to  order  dated 

day  of  1880,  on  the  applicatioyi  of  a  Creditor  of  the  Company  for 

leave  to  prove  his  Claim,  notivithstanding  the  time  had  expired  for  Adjudi- 
cation on  Claims,  and  xchich  was  dismissed  with  Costs. 

Michaelmas  Sittings,  1879. 
November,  1879. 

Having  been  served  with  ccmy  of  summons  issued  on  l)ehalf  of 

for  liberty  to  prove  his  claim,  notwithstanding  the  time  had  ex- 
pired for  adjudication  of  claims  :  Paid  for  office  copy  affidavit  of 
in  sup])ort  of  same,  at  per  folio 

Perusing  sunui,  at  per  folio 

Paid  for  five  more  office  copies  of  affidavits  filed  in  support  of  same, 
at  per  folio  each . 

Perusing  same,  at  per  folio  each 


COSTS   OF   OFFICIAL   LIQl'IDATOR   ON,    ETC.  839 

December  bth.  ,  , 

Atteiulin-;  summons   taken   out  on  liehalf  of  for  leave  to 

come  aiul  prove  his  claim,  when  leave  ^'ivon  and  the  fiuestion  of 
costs  reserved  and  time  limited  for  tiling,' evidence  _        .         .         .     0  13     4 

15.  Managing  clerk's  journey  from  London  to  in  Montgomerj'- 
shire,  engaged  in  travelling  from  8  a.m.  until  5  p.m.  ;  on  reaching 
at  ,  attending  Mr.  fully  discussing  the  evidence  tiled  on 
behalf  of  the  claimant,  and  the  evidence  required  Ly  the  liquidator 
to  meet  the  claim,  when  he  informed  us  he  had  arranged  for  Mr. 

to  meet  us  at  his  office  to-morrow  morning.     Engaged  from 
8  a.m.  until  9  p.m.,  equal  to  one  day  and  a  half      .... 

16.  Attending  appointment  at  Mr.  's  office,  but  neither  Mr. 

or  Mr.  attended  ;  journey  from  to     _         the 

nearest  station  to  ,  and  from  thence  to  ,  the  residence  of 

Mr.  ,  when  finding  him  from  home  we  awaited  his  return, 

conferring  very  fully  with  and  explaining  the  position  of  the 
matter  to  him— perusing  his  vi-siting  book  for  the  year  1877,  and 
taking  note  of  the  information  he  could  give  as  instructions  for 
affidavit,  and  arranging  to  meet  in  to-morrow,  to  swear 

affidavit— Journey  from  to  and  from  thence  to 

Drawing  affidavit  of  Mr.  ,  engrossing  same.     Engaged  from 

9.30  a.m.  to  9.45  p.m.,  equal  to  one  day  and  a  half  .         .         . 

17.  Journey  from  to  ,  attending  upon  Mr.  ,  reading 
over  engrossment  of  affidavit  to  him  and  attending  with  him  on 
commissioner  for  him  t(i  be  sworn  to  same — J(rtirney  from 

to  the  ,  where  Mr.  employed,  about  3  miles  from 

.     Attending  Mr.  ,  when  he  informed  us  he  had 

attendedjthe  ,  but  could  give  us  more  information  if  we  were 

accompanying  him  to  his  residence,  attending  with  him  to  his 
residence,  Vhen  he  referred  to  his  notes  and  informed  us  what  he 
was  prepared  to  state  in  an  affidavit,  drawing  affidavit  and  reading 
over  same  to  him,  when  he  promised  to  call  upon  us  on  at  , 

to  swear  to  same.     Journey  to  engrossing  aihdavit,  attending 

,  subsequently  reading  over  engrossment  to  him,  and  journey 
by  trap  to  ,  distance  5  miles  to  house  of  Mr.  ,  he  being 

the  nearest  commissioner.     Journey  from  to  .     Engaged 

from  10  a.m.  to  9.30  p.ni .',     •  " 

IH.  Attending  Mr.  ,  taking  his  in.-^tructions  for  his  affidavit, 

drawing  Same,  engrossing  same,  jjreparing  exhibit,  and  attending 
with  him  before  a  commissioner  to  be  sworn  to  same.     Journey 
from  to  London  by  2  o'clock  train,— owing  to  a  fog  did  not 

reach  London  until   12  o'clock  midnight.     Engaged  altogether,  as 
shown,  upwards  of  6  days,  of  8  hours  per  day         .... 

Paid  railway  fares,  hotel  expenses,  and  liy  hire,  &c.  .         •         • 

Paid  commissioner  taking  oath  of  to  his  affidavit,  and  marking 

exhibit  .....•••••• 

Paid  Mr.  for  his  loss  of  time     .         .         '         •         • 

Paid  commissioner  taking  oath  of  to  his  affidavit 

Pail  I  Mr.  for  his  loss  of  time     .         .         .         •.        ;        .' 

Paid  commissioner  taking  the  oath  of  Mr.  to  his  affidavit 

Paid  Mr.  for  his  loss  of  time 

23.  :Making  copy  affidavit  of  Mr.  to  be  marked  as  an  -office 

copy,  at  per  folio  .....•••• 

Paid  filing  affidavit 


9     9     0 


0 

2 

6 

1 

1 

0 

0 

1 

fi 

0 

10 

(> 

0 

1 

<i 

0 

10 

6 

0 

0 

4 

0 

2 

0 

840 


APPENDIX    III. 


to  be  marked  as  an  office 


copy, 


Paid  for  office  copy,  at  per  folio 

Making  copy  affidavit  of  Mr.  to  be  marked  as  an  office  copy, 

at  per  folio      .... 
Paid  filing  affidavit     . 
Paid  for  office  coj)j,  at  per  folio 
Making  coi^y  affidavit  of  Mr. 

at  per  folio      . 

Paid  filing  affidavit 

Paid  for  office  copy,  at  per  folio  .... 

Notice  of  filing  these  affidavits,  copy  and  service 

30,  Tnstrnctions  for  affidavit  of  the  liquidator     . 

Drawing  same,  at  per  folio  ..... 

Engi'ossing  same,  at  per  folio      ..... 

Preparing         exhibits,  each  at  .... 

Attending  deponent  befoie  a  commissioner  to  be  sworn  to  same 

Paid  commissioner  taking  deponent's  oath  and  marking  exhibits 

Making  copy  of  this  affidavit  to  be  marked  as  an  office  copy,  at  per 

folio        ............ 

Paid  filing  affidavit . 

Paid  foF  office  copy,  at  per  folio  ....... 

Notice  of  filing  this  affidavit,  copy  and  service  ..... 


£  s.  d. 

0  0  2 

0  0  4 

0  2  0 

0  0  2 


0  0 

0  2 

0  0 

0  4 

0  6 

0  1 

0  0 

0  1 


0     6     8 


0  0  4 

0  2  0 

0  0  2 

0  4  0 


Januanj,  1880. 

Instructions  for  affidavit  of  0     6     8 

Drawing  same,  at  per  folio         .         .         .         .         .         .         .         .010 

Engrossing  same,  at  per  folio .004 

Attending  deponent  before  a  commissioner  to  be  SAvorn  to  same         .068 
Paid  commissioner  taking  deponent's  oath  .         .         .         .         .016 

Making  copy  of  this  affidavit  to  1)e  marked  as  an  office  copy,  at   per 

folio '.         .004 

Paid  filing  affidavit 020 

Paid  for  office  copy,  at  per  folio         .         .         .         .         .         .         .002 

Notice  of  filing  same,  copy  and  service 0     4     0 

Sittings  fee 0  15     0 


Hilary  Sittwgx,  1880. 

28.  Paid  for  office  copy  affidavit  of  ,  folios  7    . 

Perusing  same    ........... 

Paid  for  five  moie  olficc  copies  of  affidavits,  at  per  folio  each     . 

Perusing  same,  at  per  folio  each 

30.  Attending   at    the     examiners'   office     for    and     obtaining    an 
appointment  for  the  cross-examination  of  and 

Tipon  their  affidavits        ......... 

Making  copies  of  affidavits  of  and  for  the  examiner, 

at  i)er  folio  eacli      .......... 

Drawing  notice  of  intention  to  cross-examine  and 

upon  their  affidavits,   and  for  jiroduction  of  documents,  at  per 
folio         ............ 

Making  fair  copy  of  same  for  service,  at  per  folio       .... 

Service  of  same  .,,,,,,.,, 


0 

3 

6 

0 

2 

4 

0 

0 

6 

0 

0 

4 

0     6     8 


0     0     4 


0 

1     0 

0 

0     4 

0 

2     6 

COSTS    OF   OFFICIAL    LIQUIDATOR    ON,   ETC. 


841 


March. 

Paid  for  copy  exhibits 

Drawing  brief  for  counsel  in  cross-examination  of  and 

folio  at  per  folio  

Making  fair  copy  of  same  for  counsel,  folio        ,  copy  summons, 
,  copy  of  atHdavits  of  ;  together,  folios  ,  at  i)ei 

1").  Attending  Mr.  with  same 

Paid  fee  to  him  and  clerk  ....... 

Attending  Mr.  appointing  conference    .... 

Paid  conference  fee  to  him  and  clerk 

Attending  conference  ........ 

17.  Attending  appointment  before  the  examiner,  when 

were  cros.s-examined  on  their  aHi(hivit — Engaged 

hours 

Paid  ^Ir.  for  his  expenses  from 

Paid  Mr.  f(jr  his  exiienses  from- 

18.  Having  obtained  an  a]>pointment  to  adjudicate  ujton  this  elaini 
notice  thereof  to  claimants'  solicitors,  and  copy  and  service    . 

Paid  examiner's  fee  for  taking  the  examination  (examiners  fee  is  lO."; 
per  hour)         .......... 

Paid  for  ofhce  copy  depositions,  at  per  folio  .... 

Sittini's  fee         .......... 


£ 

s. 

'/. 

0 

1 

8 

0 

1 

0 

folio 

fV.lio 

0 

0 

4 

0 

6 

8 

.3 

.') 

6 

0 

(5 

8 

1 

(5 

0 

0 

i:j 

4 

an<l 

three 

1     0     0 


0  4  0 

1  *10  0 
0  0  (5 
0   1')  0 


Easter  Sittincjs,  1880. 
April. 

Writing  to  claimants'  s>ilicitors  leipiesting  tliem  to  produce  at  th(^ 
appointment  on  Friday,  before  the  chief  clerk,  the  diary  referre<l 
to  in  the  depositions  of  ....... 

Attending  appointment  before  the  chief  clerk  when  the  merits  of 
this  claim  were  gone  into  and  evidence  read,  when  the  chief  clerk 
was  of  opinion  tliat  claimant  had  proved  his  claim,  and  at  our 
request  a})pointmeut  ailjourned  to  the  juilge  .         .         .         .         . 


0    3    n 


1    11     6 


Maij. 

Notice    to   claimants'    solicitor   that    we 
summons  by  counsel,  copy  and  service 
Drawing  brief  for  counsid,  at  jier  folio 
Making  fair  copy  of  same  for  counsel,  at  per  folio 
Making  copy  of  depositions  for  counsel,  at  per  foli 
Attending  Mr.             with  same 
Pai<l  foe  to  him  and  clerk            .... 
Attending  Mr.             ajtjMiinting  coufeiencc 
Paid  conference  fee  to  hi  in  and  clerk 
Sittings  fee 


should    attenil    adjourned 


0 

4 

0 

0 

1 

0 

0 

0 

4 

0 

0 

4 

.     0 

(j 

8 

.     3 

.■) 

6 

.     0 

6 

8 

.    1 

(i 

0 

.     0 

l.j 

0 

Trinity  Sittings,  1880. 

26.  Attending    conference    on    the    adjourned    summon 
appeared  that  the  counsel  for  the  claimant  had  seen  Mi 


when    it 


and  asked  that  the  summons  might  be  adjourned  into  Court,  when 

it  was  arranged  summons  should  be  adjourned  as  wished       .         .0  13 


0 

5 

0 

0 

0 

6 

0 

0 

4 

0 

0 

6 

0 

0 

4 

842  APPENDIX   III. 

£,     s.     d. 
27.  The  attendance  in  Court  on  the  application  for  the  summons  to 
be  adjudged  in  Court,  was  not  allowed  on  the  taxation  of  liqui- 
dator's costs    ........... 

July  3rd. 

Attending  Court  adjourned  summons  in  paper,  but  not  reached  .  0  10  0 
10.  Attending  Court  adjourned  summons  in  paper  but  not  reached  .  0  10  0 
17.  Attending  Court  all  day  adjourned  sunuuons  in  paper,  and 
reached  the  merits  of  the  summons,  fully  discussed,  and  evidence 
read,  when  the  Judge  directed  the  liquidatoi-'s  solicitois  to  obtain 
the  visiting  book  referred  to  in  the  affidavit  of  one  of  liquidator's 
witnesses,  and  adjourned  the  summons  until  Thursday  morning 

for  that  purpose 110 

The  charge  for  the  journey  to  Montgomery  was  disallowed  but  the 
Master  allowed  the  railway  fare,  &c.^  as  he  considered  that  if  an 
agent  had  been  employed  his  charges  would  amount  to  about  the 
same  amount  charged  for  railway,  &c.     ...... 

Paid  railway  fare  ancl  expenses 

Paid  Mr.  for  his  loss  of  time  in  producing  book     . 

21.  Paid  for  office  copy  affidavit  of  ,  at  per  folio     . 
Perusing  same,  at  per  folio          ........ 

Paid  for  office  copy  affidavit  of  ,  at  per  folio     .... 

Perusing  same,  at  per  folio 

On  receipt  of  the  above  affidavits  at         o'clock  in  the  afternoon,  the 

adjourned  summons  at  the  head  of  the  Judges'  list  for  the  next  day, 
drawing  telegram  to  Mr.  ,  the  former  agent  of  the  company, 

asking  whether  he  had  written  and  received  the  letters  referred  to 
in  the  affidavits  and  attending  to  dispatch  (allowed  as  a  letter) 

Paid  telegram . 

Paid  jNIr.  charges  and  for  money  out  of  pocket 

Drawing  further  brief  for  counsel,  at  per  folio  ..... 

Making  fair  copy  of  same,  copy  letters  and  copies  of  affidavits  of 
and  for  counsel,  at  per  folio  ...... 

Attending  Mr.  with  same  ....... 

Paid  fee  to  him  and  clerk  ........ 

Attending  Mr.  appointing  conference  ...... 

Paid  conference  fee  to  him  and  clerk 

22.  Attending  conference   ......... 

Attending  Court  when  adjourned  summons  further  heard,  and  appli- 
cation dismissed  with  costs     . 110 

Attending  the  registrar  with  brief  and  pajjcrs,  and  bespeaking  draft 
order       ........... 

Writing  to  Mr.  returning  his  diary 

"Writing  to  Mr.  returning  his  book 

Close  copy  draft  order,  folios  8  . 

Notice  to  settle  same,  copy  and  service       ..... 

26.  Attending  settling  same       ....... 

Notice  to  j)ass  same,  copy  and  .service         ..... 

Paid  for  order     .......... 

Attending  passing  same      ........ 

Making  copy  oi'der  for  the  Taxing  Mastei-,  folios  8     . 

Drawing  bill  of  costs  and  copy,  folios  ,  and  summary,  folios 

together,  folios  ,  at  yvr  folio .00 


0 

3 

6 

0 

1 

9 

.3 

3 

0 

0 

1 

0 

0 

0 

4 

0 

6 

8 

2 

4 

6 

0 

6 

8 

1 

6 

0 

0 

13 

4 

0 

6 

8 

0 

3 

6 

0 

3 

6 

0 

2 

8 

0 

4 

0 

0 

13 

4 

0 

4 

0 

0 

5 

0 

0 

13 

4 

0 

2 

8 

COSTS   OF   OFFICIAL   LIQUIDATOR   ON,    ETC. 


8-43 


Wairaut  on  leaviii-,'  same,  copy  and  service 

Warrant  to  tax  same,  copy  and  service 

Attending  taxing  same,  at  per  25  folios  or  fractional  part 

Certificate  and  transcribing 

Attending  to  file  same  and  bespeaking  office  copy 

Paid  for  ofiice  copy 

Sittings  fee         .......         • 

Letters,  messengers,  &c 

Paid  ad  valorem  duty 

{Memo. — If  there  had  been  ])roceedings  relating  to  this  winding 
np  during  these  sittings,  the  sitting  fees  would  not  have  been 
allowed.) 


£ 

f. 

ii. 

0 

5 

6 

0 

5 

6 

0 

6 

8 

1 

2 

0 

0 

6 

8 

0 

3 

0 

0 

If) 

0 

1 

1 

0 

WINDING-UP   OFFICIAL   LIQUIDATOR'S   COSTS. 
In  the  matter  of  the  Comixiny,  Limited, 

AND 

In  the  matter  of  the  Companies  Acts,  1862  and  1867. 

The  Bill  of  Costs  of  ,  the  official  Liquidator  of  the  ahove- 

Company,  to  be  taxed  as  heficeen  solicitor  and  client,  from  the  date 
appointment  as  such  official  Liquidator,  to  the  day  of  18 

pursuance  of  the  order  made  on  the  day  of  187     • 

Easter  Sittings,  187     . 
187     .     May. 

Attending  the  official  liquidate >r  in  very  long  conference  this  day  on 
his  appointment,  and  generally  discussing  the  position  of  the  com- 
pany, and  the  course  that  should  be  taken  witn  reference  to  the 
several  matters  requiring  immediate  attention        ....     1 
(This  amount  has  been  generally  allowed,  and  in   some  cases 
more.) 
Attending  at  Somerset  House  to  ol)taiu  information  as  to  the  mem- 
bers and  liability  of  the  company,  &c '^ 

Paid  search         ...........     0 

Instructions  for  aftidavit  of  otticial  liquidator  verifying  the  assets  of 

the  company 0 

Drawing  same,  folios  12.  0 

Engrossing  same         ..........     0 

Preparing  exhibit 0 

Attending  deponent  on  his  being  sworn  to  same         .         .         .         .     0 
Paid  commissioner  taking  deponent's  oath  and  marking  exhibit         .     0 

Paid  filing  affidavit ^ 

Making  copy  of  same  to  be  marked  as  an  office  copy         .         .         •     0 
Paid  for  ofiice  copy ^ 


■named 

of  his 

7     ,  in 


11     6 


6 

8 

1 

0 

(i 

8 

12 

0 

4 

0 

1 

0 

6 

8 

2 

6 

2 

0 

4 

0 

2 

0 

844  APPENDIX   III. 


IiistnictioTis  fui'  bond  to  bo  given  by  tlie  SociL'ty  as  security 

for  the  otticial  liquidator .068 

Drawing  same,  folios  23 13     0 

Instructions  for  recognizance  of  the  official  liquidator,  folios  10         .     0  10     0 
^Making  fair  copy  of  draft  bond  for  the  chief  clerk,  folios  23     .         .078 
^Making  fair  copy  of  draft  recognizance  for  the  chief  clerk,  folios  10     0     3     4 
Attending  the  official  licpiidator  prior  to  the  appointment  to-day  in 
reference   to  the    amount  he   desired   to   offer  as   security,  and 
generally  as  to  the  question  of  the  probable  amount  of  of  assets  .068 
Attending  appointment  before  the  chief  clerk  to-day  upon  the  sum- 
mons to  proceed  generally  upon  the  order  appointing  the  official 
liquidator,  Avhen  the  chief  clerk  fixed  same  at  i>  .         .         .     0  13     4 

Attending  subsequently  and  obtaining  an  appointment  to  settle  draft 
bond  and  recognizance,  when  same  fixed  for  next  at 

o'clock .         .068 

Attending  the  official  liquidator,  conferring  with  him  with  reference 
to  his  interview  with  Mr.  ,  and  as  to  the  course  the  manager 

had  taken  with  reference  to  the  goodwill,  also  conferring  with  him 
in  reference  to  the  liability  of  the  directors  under  the  £ 
memorandum,  and  advising  him  fully  thereon       .         .         .         .0134 

Attending  appointment  before  the  junior  clerk  settling  draft  bond 

and  recognizance    .         .         .         .         .         .         .         .         .         .0134 

Engrossing  recognizance,  folios  10     .         .         .         .         .         .         .068 

Parchment 050 

Engrossing  bond 0154 

Parchment 050 

Attending  the  official  liquidator  and  the  secretary  of  Society, 
and  making  an  appointment  for  them  to  attend  to-morrow  to  exe- 
cute bond  and  recognizance 0     6     8 

Making  copy  order  appointing  official  liquidator  for  the  chief  clerk, 

folios  5 018 

flaking  copy  of  same  order  for  the  official  liquidator        .         .         .018 

Wiiting  him  with  same 0     3     6 

Instructions  for  affidavit  of  secretary  of  Society       .         .         .068 

Diawing  same,  fdlios  15 0  15     0 

Engrossing  same         .         .         .         .         .         .         .         .         .         .050 

Preparing  2  exldbits .-.:         .020 

Attending  at  on  execution  of  bond  by  the  ofiicial  liquidatdr 

and  the  directors  f)f  the  Society        .         .         .         .         .068 

Paid  commissioner  attesting  same      .         .         .         .         .         .         .016 

Attending  the  olficial  li(]uidator  executing  his  recognizance       .         .068 
Paid  commissioner  attesting  same      .         .         .         .         .         .         .016 

Attending  the  secretary  of  tlie  Society  on  his  being  sworn  to 

Ills  affidavit 068 

Paid  commissioner  taking  deponent's  oath  and  marking  exhibit         .036 

I'uid  filing  allidavit '.         .         .020 

Making  copy  affidavit  io  be  niai'ked  as  an  office  copy         .         .         .050 
Paid  for  office  cojiy  .         .         .         .         .         .         .         .         .026 

Paid  stanqiing  1>ond  ......... 

Attending  the  chief  clerk  with  recognizance  and  bond    for  his  ap- 
proval, allowance,  and  signature     .         .         .         .         .         .         .068 

Attending  to  enrol  same     .         .         .         .         .         .         .         •         .068 

Paid  enrolling  same  . 0  15     0 

"Writing  to  the  official  li<pii(latur  with  notite  ><['  a}>pointnicnt  before 


OFFICIAL    LIQlIinATOK's    COSTS.  845 


a     J.     J. 


the  cliii'l'  clerk  uu  tlio  ]>i(>.\iiiii),  ami  ixM^uesting  to  ace  him 

to-iniiiTciw  as  to  takill^  jxissessioii  of  the  bo(jk8,  Sic.      .         .         .     0     -J     (» 

Atteiuliii;^  the  cHicial  licjuidatur  on  liis  culling  upon   us,  and  coiilei- 
ling  withhinias  to  his  taking  possession  of  the  offices  and  books  of 
the  company,  and  advising  him  fully  thereon        .  ,  .  .008 

Attending  the  otiicial  liquidator  later  in  the  day  as  to  the  distress, 
which  it  appeared  had  been  levied  upon  the  i)reniises  of  the  com- 
liany  after  tlie  winding-up  petition  had  been  j)resented,  and  as  to 
the  intimation   of  the  manager  that  the  papers  of  the  company 
were  in  the  hands  of  the  company's  solicitors,  and  taking  instruc- 
tions to  apply  to  them  thereon,  also  conferring  with  him  ^dating 
to  the  £  security,  which  the  luanager  informed  the  otiicial 

li(juidator  he  would  not  give  up,  inasmuch  as  it   had  not   been 
])erfected,  and  advising  liim  on  tlie  letter  which  ought  to  b,-  written 
to  the  manager  on  the  subject         .  .         .         .         .         .     0   1.3      1 

Drawing  advertisement  of  app(jintment  of  olhcial  litpiidator  and  fair 

copy,  and  attending  settling  same  .         .         .         .         .         .0134 

Paid  stami>ing  same  .         .         .         .         .         .         .  .10     0 

Attending  to  insert  same  in  the  Gazette     .         .         .         .         .         .008 

Paid  for  insertion  and  copy  Gazette  ....... 

Making  copy  of  advertisement  to  insert  in  the  jiaper,  folio 

Attending  to  insert  same  .         .         .         .  .         .  .         .CCS 

Paid  for  insertion  and  copy  jiaper    ....... 

Making  copy  of  advertisemi^nt  to  insert,  in  the  paper,  folio 

Attending  to  insert  same 0G8 

Paid  for  insertion  and  cojiy  paper      ....... 

Drawing  naemoranilum  sanctioning  the  official  liquidator  appointing 
a  solicitor  to  assist  him  in  his  duties,  for  signature  of  the  chief 
clerk  and  copy         .         .         .         .         .         .         .         .         .         .     0     .3     4 

Drawing  appointment  of  solicitor,  and  copy 0     ,3     4 

Attending  the  official  liquidator  on  his  signing  same  .         .         .008 

"Writing  to  Messrs.  ,  re([Uesting  them  to  let  us  have  the 

l)apers  relating  to  the  distress  which  had  been  levied  by 
2  days  after  the  order  tf)  wind  up  had  been  made,  in  order  that  we 
might  advise  the  official  liquiilator  on  same,  and  clerk  attending 

with  same "^050 

Sittings  fee 0   15     0 


Trinity  Sitlinij.'i,  187     . 

Having  received  letter  from  the  official  liiiuidator  enclosing 
account  and  copy  correspondeixce  relating  to  the  illegal  distress, 
perusing  same !     0     0     8 

"Writing  to  the  official  liquidator  thereon,  and  with  our  views  as  to 
the  illegal  distress,  and  that  we  would  take  the  necessary  steps  in 
the  matter      .         .         ,         .         .         .         .         .         .  .036 

"Writing  to  Messrs.  &  Co.  again,  i\,v  the  papers  relative  to  the 

illegal  distress         .         .         .         .         .         .         .         .         _         .030 

Close  copy  draft  certificate  of  chief  clerk  as  to  security  given  by  the 
official  liquidator,  folios  "» '        _ 

"Wiiting  to  Messrs.  it  Co.,  ackn  iwledglng  receipt  of  their 
letter  


0     1     8 
0     3     fi 


84G  APPENDIX    III. 


Making  copy  of  ^lessrs.  &  Co.'s  letter  and  copy  of  their  letter 
to  ,  agents,  and  writing  to  the  official  liquidator  Avith  same, 
and  our  views  as  to  the  course  to  be  piirused,  and  with  an  appoint- 
ment to  see  him  to-morrow  respecting  same 0     5     6 

Attending  at  the  official  liquidator's  ofhce  by  appointment,  and  con- 
ferring with  him  at  great  length  as  to  the  difficulty  he  had  with 
the  company  in  obtaining  the  papers,  &c.,  and  as  to  the  course  to 
be  pursued  in  reference  to  refunding  the  amount  levied  by 
and  making  a  further  appointment  to  see  him  to-morrow,  engaged 
a  very  long  time 110 


June. 

Attending  the  official  liquidator,  conferring  with  him  at  great  length 
Avith  reference  to  the  various  questions  as  to  the  liability  of  the 
policy-holders  to  contribute  to  the  assets,  and  the  amount  due 
under  the  directors'  fii'st  guarantee,  also  as  to  the  arrangement 
which  had  been  made  by  Mr.  witli  reference  to  the  rent 
of  the  premises,  and  advising  an  application  should  be  made  to 
Mr.  on  the  subject .220 

Drawing  advertisement  for  creditors  to  send  in  their  claims,  and  at- 
tending at  chambers  settling  same 0  13     4 

Attending  the  official  liquidator,  conferring  with  him  at  very  great 
length  with  reference  to  tlie  questions  with  regard  to  the  distress 
for  rent,  and  the  jugglery  which  had  taken  place  thereon,  and  the 
information  which  was  kept  back,  also  as  to  the  stock,  certificates, 
and  debentures,  and  other  matters,  and  advising  him  generally  on 
the  statement  which  he  had  left  with  us,  and  as  to  the  necessity  for 
an  appointment  for  an  examiner,  in  order  that  Mr.  might 
at  once  be  examined  as  to  the  affairs  of  the  company,  and  advising 
him  thereon,  and  confeiTing  with  him  as  to  any  of  the  policy- 
holders residing  in  Ireland 2     2     0 

Attending  appointment  before  the  chief  clerk,  when  directions  as  to 
advertising  for  creditors  in  the  local  branches  of  the  company 
were  duly  given     .......... 

Engrossing  advertisement,  folios  3     ......         . 

Paid  stamping  same  .......... 

Attending  the  official  lic^uidator  in  lung  conference  as  to  the  steps  to 
be  taken  in  reference  to  tlie  hostility  exhibited  by  Mr.  ,  and 

advising  him  as  to  obtaining  an  order  to  appoint  a  special  examiner 
to  take  his  examination  .         .         .         .         .         .         .         .06 

Attending  the  oflicial  li(|uidator,  conferring  with  him  with  reference 
to  a  letter  he  had  received  from  the  late  manager,  when  we  re- 
quested him  to  send  us  a  co]jy  f)f  same 0     6 

Engnjssing  certificate  as  to  oflicial  liquidator  having  given  security, 
folios  5  ...........         . 

Paid  stamping  same 

Attending  r)n  same  being  signed 

Instructions  for  affidavit  of  official  lifjuidutor  in  support  of  applica- 
tion for  an  appointment  of  a  special  examiner       .... 

Drawing  same  (exclusive  of  correspondence),  folioa  16      . 

Engrossing  same,  folios  26 


0 

13 

4 

0 

1 

0 

1 

0 

0 

0 

1 

8 

0 

5 

0 

0 

6 

8 

0 

6 

8 

0 

16 

0 

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8 

8 

IC 

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<i. 

0 

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0 

0 

(5 

8 

0 

7 

(; 

0 

2 

0 

0 

8 

8 

0 

4 

4 

OFricIAL    LKn'IDATOirs    COSTS.  847 


I'lvjiariiij,'  G  exliil)its  ......... 

Attfiulinif  deponent  to  be  swoin    to  same  ..... 

Paid  commissioner  taking'  dej)onent's  oath  and  marking  (3  exliiliit.s   . 

Paid  filing  affidavit 

Making  copy  to  be  marked  as  an  office  copy      ..... 

Paid  for  ottice  copy 

Drawing  brief  for  connsel  to  move   for  an  order  aj)[)(jinting  a  special 

e.\^aniine]',  folios  10 0100 

Making   brief   cojiy    of    same,    folios    10,    and    allidavit    of    official 

liqnidator,  folios  2(5  ;  together  36  folios,  for  connsel        .         .         .     0  12     0 

Attending  counsel  with  same     .         .         .         .         .         .         .         .     0     (i     8 

i*aid  fee  to  him  and  clerk .         .  .  .  .         .  .  .         .      I      .'}     G 

Attending  Court  on  application,  wlun  the  Judge  expressed  an 
opinion  in  favour  of  the  a])pointment,  Imt  that  his  chief  clerk 
.should  hear  the  same  on  Thursday  next 0  l.'J     4 

"Writing  to  the  official  li(|uidator  informing  him  the  icsult  of  theap- 

I>lication 0^6 

Preparing  summons  for  Mr.  to  be  aj)pointed  special  examiner 
to  take  the  e.xanunation  of  ,  and  attending  at  Chambers  to 
get  same  sealed 0G8 

Paitl  stamping  same .         . 0     .3     0 

Making  copy  of  same  to  leave  at  Chambers        .         .         .         .         .020 

Attending  the  official  li([uidator  on  his  calling  -with  reference  to  a 
further  letter  he  had  received  from  Mr.  this  morning,  but 

giving  us  no  information  with  reference  to  the  stock  certificates  of 
the  funded  property  of  the  comi)any,  and  advising  him  thereon    . 

Attending  at  the  Gazette  office  •with  advertisement  lor  creditors  to 
come  in  and  prove  their  debts        ....... 

Paid  for  insertion  and  copy  Gazette    ....... 

Making  9  copies  of  this  advertisement  in  the  different  newsj)apers  . 

Attending  to  insert  one  copy  in  the  paper 

Paid  insertions  .         .         . 

Attending  to  in.sert  copy  in  the  paper     .         .         .         .         .     0     G 

Paid  for  insertions  and  copy  paper     ....... 

The  like  charges  for  attending  to  insert  in  theother])aper.s,  andpav- 
ments  for  iiistructions  and  copy  papers .         .         .         .         .      '. 

Paid  for  copy  of  costs  of  Mr.  ,  folios  20  . 

Attending  taxing  same 

Paiil  for  copy  of  costs  of  the  comjiauy,  folios  18         ...         . 

Attending  taxing  the  same         ........ 

Attending  the  official  liquidatoi-,  conferring  with  him  with  reference 
to  the  sale  of  the  goodwill,  and  advising  him  on  the  necessity  of 
having  a  formal  agreement  that  the  company  were  prepared  to 
carry  out  on  the  terms  of  his  letters,  about  which  he  was  to  see 
them  and  write  U5  in  order  that  the  agreement  might  be  confirmed 
by  the  chief  clerk.         .         .         .         .         .         .         .         ,         .     0  13     4 

It  having  l)ecome  necessary  to  obtain  pos.scssion  of  the  rt-serve  fund, 
writing  the  official  liquidator  specially  in  reference  to  the  stock 
standing  in  the  names  of  the  trustees,  and  for  exact  particulai's,  so 
that  we  might  obtain  an  order  for  the  transfer  to  the  official 
li(luidator OGO 

Writing  to  to  acknowledge  receipt  of  theirs  of  ycsterdav's 

date,  inclosing  the  notice  of  distress  herein  .         .         .         .'.036 

Attending  summons  before  the  chief  clerk  for  leave  to  a]>j>oiut  a 


0 

G 

0 

G 

0 

9 

0 

G 

0 

G 

8 

0 

G 

8 

0 

G 

0 

0 

G 

8 

0 

13 

4 

0 

1 

0 

0 

5 

0 

0 

3 

6 

0 

1 

0 

0 

13 

4 

5 

10 

0 

0 

6 

8 

0 

3 

0 

0 

2 

0 

0 

2 

0 

848  APPENDIX    III. 


special  examiner,  when  he  adjourned  the  application  on  the  ground 
of  the  decision  in  the  case  of  Smith,  Knight  &  Co.,  and  he  thought 
we  should  see  counsel  before  adjourning  the  summons  to  the  Judge, 
and  after  seeing  counsel  the  chief  clerk  made  the  order         .         .0134 

Drawing  up  order  attending  settling  same,  and  attending  at  the  re- 
gistrar's ottice  to  get  same  entered 

Engrossing  same,  folios  3 

Paid  stamping  same 

Writing  to  the  official  litpiidator  informing  him  the  result  of  the 
application     ........... 

Making  copy  of  order  for  special  examiner 

Attending  Mr.  the  special  examiner  for  ,  and  obtaining 

an  appointment  to  proceed  with  the  examination  .... 

Paid  fee  to  him  and  clerk  .         .         . 

Preparing  summons  to  examine  Mr.  before  the  special  ex- 

aminer, and  attending  at  Chambers  to  get  same  sealed  . 

Paid  stamping  same 0 

jVIaking  copy  order  to  leave  at  Chambers 

Making  copy  of  same  for  service  on  Mr.  .... 

Attending  to  serve  copy  of  summons  and  notice  on  Mr.  ,  but 

he  was  not  within 034 

Attending  the  official  lic^uidator  in  long  conference  in  reference  to 

the  points  to  be  raised  on  the  examination  of  Mr.  .         .0134 

Attending  twice  to-day  to  serve  Mr.  with  copy  summons  and 

notice,  but  was  not  able  to  see  him 0     6     8 

Attending  the  official  liquidator's  clerk,  who  knew  Mr.  per- 

sonally, and  ref^uesting  him  to  point  him  out  to  us         .         .         .034 

Subsequently  attending  at  the  chambers  of  Mr.  ,  serving  him 

with  copy  summons,  and  notice  to  attend  before  the  special  exa- 
miner    .         .         .         .         .         .         •         •         •         •         •         .050 

The  official  licjuidator  having  Ijecn  in  communication  with  the 
Society  as  to  the  sale  of  the  goodwill,  attending  him  thereon,  and 
he  ])roduced  the  correspondence  and  considering  same,  when  it 
appeared  that  the  neAV  company  had  in  fact  injured  the  goodwill 
by  issuing  a  circular  offering  to  novate  the  policies,  and  confer- 
ring with  ]iim  as  to  whether  the  new  company  were  liable  to  an 
action  for  damages,  and  examining  the  i)a])er  connected  with  the 
matter,  Avhen  it  was  ultimately  determined  to  accept  the  ofier  of 
the  Society,  subject  to  the  a])])roval  of  the  Court  engaged  a  very 
long  time •         •         .110 

Instructions  for  memorandum  of  agreement  between  this  company 
and  tlic  Company  for  the  sale  to  the  latter  of  the  goodwill 

f)f  the  business       .......... 

Drawing  same,  folios  12     .         .         .         .         .         .         •         •         . 

Making  further  alterations  on  tlie  diaft  jigiecmeiit  in  accordance  with 
the  suggcstifins  of  the  oflicial  li(iuidat(ir         ..... 
Making  fair  copy  agreement  for  approval  of  Mr. 
"Writing  to  Mi'.  ,  the  secretary  of  the  Society,  with  same 

for  his  ap])rf>val .030 

Writing  to  the  oflicial  liquidator  in  iv)>ly  to  his  h-tter  as  to  the  terms 

of  agreement  forwanied  to  Mr.  .         .         .         .         .         .036 

Writing  to  the  official  li(|ui(hitor  in  rejdy  to  his  letter,  and  informing 
him  as  Mr.  was  at  present  out  of  England  and  as  he  had  no 


0 

() 

8 

0 

12 

0 

0 

6 

8 

0 

4 

0 

0 

3 

G 

0 

8 

8 

0 

1 

a 

0 

0 

10 

0 

(» 

H 

0 

C 

H 

0 

8 

0 

0 

2 

8 

0 

() 

8 

:5 

0 

(■) 

0 

0 

8 

1 

(j 

0 

0 

.3 

(') 

0 

1 

0 

OFKK'IAI,    LIQUIDATOU'S    COSTS.  849 


I'l'jilv  f'niiii  ^^l•.  We  tlic)U;^'lit  iuhIci-  the  circiiinstaiicfs  tli.it  no 

stfjis  I'oiild  be  taken  in  tin-  niattir,  at  all  cvi-nts  l'<>r  a  iV-\v 
.lays        ............ 

Making  Cdi^v  olOllicial  li.iuitlatiii's  atlidavit  liled  on  the  nth  in.it.  fur 
the  special  e.xaininer,  fulios  2()        ......         . 

Making'  coi*}'  order  of  the  Mtli  May,  187  ,  to  be  marked  a.-i  an  cillice 
coj)y,  f'lilios  5  .......... 

Paitl  uiHce  cojiy  .......... 

AtteTidinj,' api)()intmeiit  before  the  chief  cleik  ..... 

Attendinj^  aiii)i)intnient.s  before  the  chief  clerk  .... 

Drawing  biief  inr  cfHinsel  to  attend  on  behalf  of  tlie  dllicial  liifni- 
datnr  on  the  examination  of  Mr.  ,  folio.s  8         .         .         . 

Making  fair  cnpy  of  same  for  counsel 

Attemling  counsel  ■with  same     ........ 

Paid  fee  to  him  and  clerk  .         .  .  .  '      . 

Attending  appointing  Conference  with  him         ..... 

Paid  confeience  fee  to  him  and  clerk         ...... 

Writing  to  the  otlicial  li(|uiilator  with  notice  of  appointment  of 
I'oid'erence       ........... 

Making  copy  notice  of  distress  foi'  sj)ecial  examiner,  folios  3 

Attending  the  otlicial  licjuidator  this  morning,  in  very  long  confer- 
ence,perusing  various  documents  in  connection  with  the  company's 
nllairs,  ami  upon  which  we  desired  to  obtain  information  from 
Mr.  0  13     4 

Having  subsequently  I'eceived  letter  from  the  otlicial  liquidator  en- 
closing copy  extracts  from  the  minute  book  in  reference  to  the 
(dection  of  Mr.  as  a  director,  perusing  same,  folios  22 

^Making  brief  copy  of  minute  of  correspondence  for  counsel,  folios  22, 
in  order  to  examine  Mr.  upon  same  ..... 

Writing  to  the  otlicial  li([uidator  acknowledging  receipt  of  his  letter 
and  correspondence,  &c.  ........ 

Attending  the  otlicial  licpiidator  jirior  to  the  conference,  and  con- 
feiring  and  advising  him  as  to  the  points  to  be  discussed 

Atteniling  conference  with  counsel    ....... 

Attemling  appointment  before  the  special  examiner,  and  after  wait- 
ing an  hour  the  witness,  Mr.  ,  did  not  attend    .         .         .0134 

Attending  the  otlicial  lifpiidator  and  his  clerk,  in  long  conference  as 
to  the  course  we  should  now  jmrsue,  and  we  were  to  obtain  a 
further  appointment,  inasmuch  as  the  furniture  would  probably 
be  seized  for  rent,  or  we  shouhl  hasten  the  time  as  much  as 
possible .         .         .         .         .         .         .         .         .         .         .         .008 

Pr';j)aring  further  summons  for  to  attend  and  be  examined 

before  the  sjiecial  examiner,  at  the  .same  time  to  produce  all  books 
and  papei-s  in  his  possession,  and  attending  Chambers  to  issue 
same       ............ 

Paid  stamping  same 

Making  copy  of  same  to  leave  at  Chambers        ..... 
Making  co])y  of  summons  for  service  on  ..... 

Drawing  notice  for  to  attend  in  jiursuance  of  summons, 

f.dio  1 

Copy  and  service  of  same,  and  cojjy  summons  on  Mr. 

Atten<ling  special  e.xaminer  ami  obtaining  another  ajipointment  to 

examine  on  the  18th  inst 

Paid  fee  to  him  and  clerk •">  10 

3  I 


0     7 

0     7 

0     3 

G 

0     (\ 
0  13 

8 
4 

0 

G 

8 

0 

3 

0 

0 

2 

0 

0 

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0 

0 

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0 

.") 

0 

0 

13 

4 

.") 

10 

0 

850  APPENDIX    III. 

£     s.      (1. 
Writing  to  official  liciuidutoi"  Avitli  notice  of  further  appointment  to 

examine  Mr.  .         .         .         .         .         •         •         •         .030 

Having  received  draft  agreement  from  the  Society,  perusing 

alterations      .         .         .         .         .         .         .         .         •         •         .034 

Perusing  2  draft  circulars  proposed  to  he  sent  hy  the  Society 

to  the  iKjlicy  holders 008 

Writing   to   the  official  liipiidator  acknowleilging  receipt   of  draft 
agreement  and  proposed  circulars,  and  informing  him  we  saw  no 
objection  to  the  proposed  circular  to  be  sent  out  by  the 
Company,  but  the  document  accompanying  it,  and  which  we  pre- 
sumed it  was  proposed  that  he  should  sign,  would  be  entirely  in 
the  discretion  of  the  chief  clerk      .         .         .         .         .         .         .030 

Writing  to  Mr.  in  reply  to  his  letter  address.nl  to  the  official 

li([uidator,  informing  him  we  should  re(piire  his  attendance  before 
tlie  special  examiner  on  Monday  next  at  3  o'clock,  and  clerk 
attending  with  same,  and  paving  Mr.  .         .         .         .008 

Paid  Mr.    '  .         .        ' ..110 

AVriting  to  tlie  official  liquidator  in  reply  to  his  letters,  and  infoini- 
ing  him  tliat  Ave  had  served  Mr.  with  copy  of  summons 

and  notice 030 

Having  read  letter  from  llie  official  licpiidator  enclosing  certain  docu- 
ments, wjiting  him  in  reply  acknowledging  receipt  of  same  .         .030 
Perusing  the  original  guarantee  between  the  company's  directors 
and  policy  hohlers,  which  was  known  as  the  special  guarantee, 

iolios  15 ..050 

Making  fair  copy  of  same  for  counsel         .         .         .         .         .         .050 

Making  extiacts  from  reports  of  tlie  proceedings  of  a  meeting  of 
directors  for  counsel,  upon  the  examination  of  Mr.  , 

folios  8 _.         .         ..028 

Perusing  deed  of  guarantee  given  for  supplementing  the  funds  of  the 

company  foi- the  benefit  of  policy  holders,  folios  25 — 2  skins  .     0  10     0 

Making  copy  of  same  for  counsel        .         .         .         .         .         .         .084 

Perusing  extracts  from  minute  book  in  reference  to  the  election  of 

directors,  and  making  same  for  counsel .         .         .         .         .         .008 

Attending  the  oiKcial  liciuidator's  partner,  in  hnig  conference  this 
morning  fully  as  to  the  effect  of  certain  documents  giving  us 
further  2)articulai's,  and  advising  as  to  putting  further  (questions 

to  Mr.  in  reference  to  the  guai'antee,  &c 0     0     8 

Diawing  furthei' biief  for  counsel,  folios  42 2     2     0 

Making  fair  copy  of  same  for  counsel         ,         .         .         .         .         .     0  14     0 

Attending  counsel  with  same 0     0     8 

Pail  I  fee  to  him  and  clei'k 240 

Writing  to  the  official  li(iui<laloi'   riMiuesting    him    to   produce   the 

lettei'  books  herein  on  the  examination  of  Mr.                 .         .         .030 
Engrossment  of  the  agreement  for  the  sale  of  the  goodwill,  in  dupli- 
cate, folios  11  each 0     7     4 

Paifl  stanijiing  same 0     10 

Atteniling  tin-  ollicial  li(|uiiliitor  in  rcFiMcncf  to  the  examination  of 
j\Ii'.  to-day,  and  as  to  the  lintln-i'  points  to  be  gone  into, 

conf(M-ring  ami  advising  him  fully  thereon 0     0     8 

Preparing  summons  to   confirm   the   conditional   conti'act  with  the 

(;om]>anv  for  the  sale  of  the  business  of  this  company      .008 

Paid  stam])ing  same 0     3     0 

Making  copy  of  s;ime  to  leave  at  Chambers 0     2     0 


0    c 

s 

0  i;{ 

t 

0     G 

8 

OFFK'IAL    LIQllDATOu'rt    COSTS.  Sol 


Alttndiiij,' liifuic  the  special  examiner  on  the  oxaniinatifiu  fif  Mr. 
,  wlifii  he  atteiideil,  this  cxaiiiination  was  procecijcd  willi 
ami  ailjouriii'd 110 

WiitiiiL;  to  Ml'.  ,  llii-  .-^ccictaiy  of  the  Coiiiltaiiy, 
with  copy  ai^'reement  of  tlie  j,'(iodwili  of  tliis  company  for  r.xcru- 
lion  hy  the  boaul  of  diroctor.s,  an<l  for  an  appointment  to  comi)k'te 
same 03G 

AVritinj,'  to  Me.'^sr.-;.  &  Co.,  re^nestin^'  tluiu  to  let  n.-;  have 
the  orij^'inal  lea.^u  of  the  premises  occujiiid  by  the  company,  and 
elerk's  attendance  with  same '.         .     0     .")     0 

SuhsiMiurntly  attending,'  the  oliicial  liijnidator  in  reft-icnce  to  [iro- 
ihuinLj  tlie  notice  of  disti'ess  didivered  by  the  .sheriil',  in  ordi-r  tiiat 
he  mi^dit  clu'ck  articles  which  were  enumerated  therein,  and  con- 
ferrin<^'  witii  him  as  to  the  course  to  be  adopted      .... 

Perusin<^'  documents  received  from  the  olHiial  liquidator,  espi-rially 
with  reference  to  the  £         f,niarantee    .         .         .         .         .        '. 

AttendiiiL;  the  oliicial  li(piidator,  and  witnessing,'  and  attestin;.,'  his 
execution  of  a^q-fement  of  tlie  sale  of  the  j^oodwill .... 

Attendin-.;  the  oliicial  li(]uidatoi',  conferring  with  him  at  j^'reat  h-n^'th 
with  reference  to  his  statement  as  to  the  directois'  liability  undi-r 
the  £  i^'uai'antee,  also  as  to  other  points,  advising;  him  thereon, 
and  ullimatidy  taking'  his  instiuctions  to  submit  a  case  to  counsid 
on  the  subject 1    11     G 

Instructions  for  case  to  advise  upon  various  questions  connected  with 
till-  li(iuidation,  which  wt-re  not  only  very  numerous,  but  involved 
considerable  time  and  trouble  in  distin^aiishin^'  the  intricate  lia- 
bilities of  various  classics  of  the  company        .... 

Drawing,' same,  lolios  74     ........ 

]\IakinL,'  brief  copy  of  same,  including'  documents,  lolios  Vl'^ 

Attendiuf,'  counsel  with  same     .         .         .         .         ... 

Pail  I  fee  to  him  and  cleik  ........ 

Attendin;^'  counsel  appointinj,'  conference  ..... 

Paid  conference  fee  to  him  and  clerk  ..... 

Writing,'  to  the  oliicial  liijuidator,  and  i^ivin;^'   notice  of  the  time  ap- 

])ointed  for  the  eonfeicnce 0     3     G 

llavin;,'  received  letter  frtiui  Mr.  in  reference  to  the  s;ile  of 

the  ;^Mod\vill,  writint,'  and  re(iuestin;,'  him  to  forwai-<l  us  his  part  of 
a;.jreement  executed  .  .  .  .  .  .  .  .  .     0     3     G 

Attenilin;,'  the  oliicial  liipiidator  in  leference  as  to  whether  he  had 
mentioned  the  circular  i.ssued  by  Mr.  to  the  .seci-etary  of 
the  Com2)any,  when  he  informed  us  the  secretary  was 
aware  of  it      .         .  ' 0     G     8 

Instructions  for  atlidavil  of  tlie  oliiiial  litjuidator  in  support  of  sum- 
mons to  confirm  the  contiact  for  the  s;de  of  the  },'oodwill  to  the 
Company  ......... 

Diawiu}^  same,  folios  9       ........         . 

Wiitinj;  to  the  oliicial  liiiuidator  with  same  for  his  apjiroval,  and  as 
to  some  of  the  exhibil.s    ...,.,.,. 

Drawing' further  l)rief  for  coun.sel,  foliis  l(i 

^Makim;  copy  of  sime,  incluilini,'  further  documents,  folio.s  ,"»4    . 

Atteudin<^  counsel  with  same 

Paid  fee  to  him  and  clerk  .........     3 

"Writing'  to  Mr.  remijidin;^  him  of  the  appointment  for  to- 
morrow fur  his  further  examiuation 0     3     C 

3  I  -l 


o 

0 

0 

3 

14 

0 

.» 

1 

8 

0 

}3 

4 

11 

0 

0 

0 

G 

8 

1 

G 

0 

0 

G 

8 

0 

I* 

0 

(1 

3 

(*> 

() 

i<; 

() 

1) 

is 

() 

(1 

(> 

8 

3 

5 

G 

852  APPENDIX    III. 

£       .      J. 

Attendin.LT  the  special  examiner,  and  p.iying  liis  fee  for  the  examina- 
tion of' Mr.  to-morrow        .         .         .         •         •         •         "     ?  }^     ^ 

Paid  fee  to  liim  and  clerk ,-..••     ^  ^^     " 

Attending  Messrs.  &  Co.  on  their  calling,  and  bringing  the 
lease  of  the  premises  formerly  occupied  hy  the  company,  and  they 
requesting  us  before  leaving  the  lease,  that  we  sliould  give  them 
the  otticial  licpiidator's  receipt ■     '  t  ^  '     ^     ^     ^ 

Attending  Messrs.  &  Co.,  handing  them  the  receipt  signed  by 

the  otticial  liriuidator,  and  paying  their  charges      .         .         .         .068 

Paid  same .'■,'■,      '^  ■  i 

Attending  to  file  chief  clerk's  certificate  certifying  that  the  othcial 

liqui(httor  had  given  security  .         .         .         •.,.•         '         "a^q 

Making  copy  of  same  to  be  marked  as  an  office  copy,  folios  u    .         .018 

Paid  for  office  copy .••         .0010 

Attending  at  the  office  on  the  directors  executing  the  agree- 

ment for  the  sale  of  the  goodwill  of  the  business  of  tliis  company  .068 
Having  received  lease  of  No.         ,  perusing  same,  2  skins  .         .     0  10     0 

Writing  to  the  official  liquidator  inclosing  liim  this  lease,  and  inform- 
ing lihu  that  tliere  was  a  provision  that  in  case  the  company  sliould 
remove  the  partition,  the  sum  of  £       Avas  to  be  paid  to  the  lessor, 
and  all  damages,  &c.,  in  the  floors  or  ceilings  to  be  made  good       .036 
Attending  a]ipointment  before  the  special  examiner  on  Mr. 

being  further  examined i'^^ 

Attending  with  the  official  liquidator  in  conference  with  counsel  on 

the  case  laid  before  him .0134 

Engrossing  affidavit  of  official  liquidator  in  support  of  summons  lor 

the  sale"of  the  goodwill  to  Company,  folios  9    .         .         .030 

Preparing  6  exhibits ^^12 

Attending  the  official  liquidator  on  his  being  sworn  to  same     .         .     0     (>     8 
Paid  conunissioner  taking  depcment's  oath,  and  marking  6  exhibits  .076 

Pai  1  filing  same aoa 

Making  copy  of  same  to  be  marked  as  an  office  copy  .         .         .         .     0     .3     0 

Paid  for  office  copy •         •  •.•.,• 

Attending  summons  to  confirm  agreement  for  sale  of  goodwill  ol  the 
companv,  when  order  made  subject  to  piinhasing  company  accept- 
ing the  time  /.    .    •     ^  ^^     "^ 

Attending  upon  the  secretary  of  the  i)urchasing  company,  explaining 
to  him'the  requirements  of  the  chief  clerk,  when  signed  memo- 
randum as  desired  .         .  •  •  •  •         ;  •         • 

Having  obtaiiieil  an  aii])oin1iiKnt  to  attend  befoic  the  chief  clerk  on 
the"  next,  to  obtain  his  directions  as  to  list  of  contributions, 
notice  thereof  to  the  official  liquidator 0     3     6 

Preparing  draft  order  of      instant,  and  attending  to  get  same  settled, 

signed,  and  eutereil 0  13     4 

Julij. 
Attending  the  oflicial  liijuidator,  an<l  confei'ring  with 

furtlierin.strU(;tions  to  be   given    to  counsel   upon 

examination  of  Mr. 
Drawing  further  biief  for  counsel,  folios  10 

^biking  fair  copy  of  same 

Attending  counsel  with  same 

P  lid  fee  to  hira  and  clerk 


him 

i:s  to  the 

the 

resumed 

0 

6 

8 

0 

10 

0 

0 

3 

4 

0 

6 

8 

3 

5 

6 

OFFICIAI-   I.lQlII>.\ToU  S   COSTS. 


.S5{ 


AttiMiiliii,^' a  rli-rk  from  tlio  Ci>m])aiiy  in   r>'ffrcnci-  tn  the 

issiu!  dl"  the  ciiriihii-  wliich  we  had  settled,  and   reiiuesteil  u.s  tn 

make  a  final  ciinimunicalioii  to  his  ofliie         ..... 

Atleiidin;,'  the  special  examiner  and  paying  his   fee  fur  the  furthi-r 

examination  ui"  Mr.  on  the  instant 

I'aiil  lee  to  hini  and  clerk  ......... 

Writing'  to  the  secretary  of  the  Company  and  informing; 
him  that  the  at^'reement  had  been  approved  of  l>y  the  chief  clerk, 
and  that  the  circulai's  conld  be  issued  .  .  .  . 
Atteiulin.i,'  the  othcial  li(iuidator,  conferring'  with  him  with  reference 
to  the  refusal  of  Mi'.  on  his  last  examination  to  produce 
the  letters  which  he  had  received,  and  which  he  alle^^ed  were  pri- 
vate communications  from  the  directors,  none  of  which  letter;^ 
appeared  to  be  entered  on  the  minutes,  and  allVcted  Mr. 
responsibility  as  a  guarantor  ;  also  confeiriuL,'  with  referent?  to  the 
arrauLjement  with  Mr.  ,  the  lessor  of  the  company's  pre- 
mises, and  advising'  him  thereon 

Eniirossin;,' order  of         ultimo,  folios  4 

Paid  stainpin;^  same  .  .         .         .         . 

Attendin;^' ap|>ointmeiit  before  the  special  examiner  for  the  further 
examination  of  Mr.  ,  when  same  adjourned  till 

next  at         o'clock .         .         .         .         .         .         .         . 

"Writinj,'  to  Mr.  with  formal  notice  of  the  appointment  to  exa- 

nune  him  on         next     ......... 

Having  received  a  lettei'  from  Me>srs.  in  reference  to  the 
position  of  the  policy-holders,  writini.:  them  in  re])ly,  and  informini,' 
them  we  would  confer  with  the  oliicial  li(|uidator  on  same,  and 
then  woulil  write  them  a;j;ain 

Makin.i,'  copy  of  Messrs.  &  Co.'s  letter,  and  writing  to  the 
otlicial  li([uidator  with  same ■   .      : 

rerusin-,'  copy  coiresi)ondence  r-ceived  from  the  otlicial  lii|ui<lator 
with  reference  to  the  refus-al  of  the  trustees  of  the  company  to 
transfer  the  stock  except  under  the  order  of  the  Court  . 

I'leparinj,' summons  for  the  trustees  of  the  company  to  show  c;iuse 
whv  they  should  not  trinsft-r  in  the  name  of  the  otlicial  li(iuiilator 
the  sum'of  £  consols,  and  attendinj^  at  Chambers  to  },'et  same 
8,'aled 

Paid  stamping  same 

Making  copy  of  summons  to  leave  at  Chambiis         .         .         .         . 

Copy  and  service  of  same  on  Mr.  .         .         .         .         . 

The' like  on  Mr.  

The  like  on  Mr.  .         .  •,.-.: 

Notice  of  return  of  this  summons  to  the  olhcial  liquidator 


£      J.      d. 


0     0     8 

0  1.3     4 

.-.   10     0 


0     3     G 


0  1.3  4 
0  1  4 
0     -J     0 


0  13  4 

0  3  G 

0  3  G 

0  4  (') 

0  G  8 


0 

13 

4 

0 

3 

0 

0 

.■) 

0 

0 

4 

(; 

0 

4 

(■> 

0 

4 

6 

0 

2 

6 

Jubj. 
Having  received  Ftatomont  of  letters  received   from  the  directors 

referred  to  in  the  minute  book,  perusing  and  making  copyof  s;une 

for  counsel      .......•••• 

Attending  counsel  with  same •         ■ 

Paid  fee  to  him  and  clerk  .....•••. 
Writing  to  the  secretary  of  Company  with  the  agreement 

for  tile  sale  of  the  goodwill  signed  by  the  othcial  liquidator   . 


0  13  4 

0  n  8 

3  b  (i 

0  3  6 


854  APPENDIX    III. 


Writin.i,'  to  the  official  liquidator  "svitli  the  other  part  of  this  agree- 
ment, signed  by  tlie  directors  of  the  Company  .         .         .036 

Attending  the  special  examiner  and  paying  his  i'ee    .         .         .         .0134 

Paid  fee  to  him  and  clerk 5  10     0 

Writing  to  Mr.  ,  requesting  him  to  produce  at  the  appoint- 

ment before  the  special  examiner  to-day  all  letters  addressed  to 
him  or  the  company  by  the  directors  between  ,  187      and 

,  187  ,  relating  to  the  affairs  of  the  company   .         .         .036 

Writing  to  Mr.  in  reply  to  his  letter  as  to  the  power  of 
attorney,  which  he  would  forward  to  the  official  licpiidator  in 
respect  of  the  £         consols 0     3     6 

Writing  to  the  official  liquidator  in  reply  to  liis,  as  to  tlie  letters 

from  the  directors 036 

Attending  on  further  examination  of  Mr.  ,  wlien  same  pro- 

ceeded with  and  completed    .         ..         .         .         .         .         .220 

Paid  Mr.  for  his  attendances  as  a  witness      .... 

Attending  Mr.  ,  one  of  the  trustees  of  the  company,  on  his 

calling  on  the  copy  summons  which  had  been  served  upcm  him, 
when  he  stated  he  did  not  desire  to  attend,  and  drawing  form  of 
letter  consenting  to  an  order  for  his  signature,  which  he  signed     .068 

Making  copy  opinion  of  counsel  on  case,  together  with  the  questions 

submitted  to  him  for  the  official  liquidator,  folios  40      .         .         .0134 

Writing  to  the  official  liipiidator  with  same  and  thereon  .         .         .036 

Wiiting  to  the  official  licjuidator  acknowledging  receipt  of  his  letter, 
incldsing  poAver  of  attorney  from  Mr.  in  faA'our  of  Mr. 

,  and  informing  him  when  the  order  was  made  !Mr. 
could  transfer  same         .         .         . 036 

Attending  at  the  report  office,  bespeaking  office  co]iy  dcpi^itions  of 
,  and  afterwards  for  same  ...... 

Paid  for  same,  folios  at  jier  folio 

Instructions  for  affidavit  of  official  liquidator  in  sujipoi't  of  applica- 
tion for  transfer  of  stock         ........ 

Drawing  same,  folios  16     ........         . 

Writing  to  the  official  li(iui<lator  wilh  same  for  liis  a]q)roval 

Engrossing  afiidavit  .......... 

I'lcparing  9  exhibits 

Attending  deponent  t o  be  sworn  to  same  ...... 

I-'aid  comniissionci'  taking  deponent's  f)atli,  and  maiking  t)  exhibits  . 

M;d<ing  co])y  of  this  affidavit  to  be  maikcd  as  an  office  copy 

I'aid  filing  same  .......... 

Paid  for  office  co])y     .......... 

Attending  before  the  chici'  clcik,  when  he  nuuK'  an  older  to  transfer 
tllf  .£'  con.soLs  subject  to  the  ])roduction  of  the  written  consent 
of  Mr.  ,  or  an  affidavit  of  sei'vicc       ..... 

Wi-iting  to  the  official  liqnidator  ini'oiniing  liini  oi'  the  re.-ult  of 
suniuion.s        ........... 

Writing  to  ^fi-.  infoiniing  him  of  the  difficulty  in  the  ab.scnce 

of  Mr.  ,  and  icipiestiii;^  liim  to  .see  liis  solicitors  and  get 

their  endorsement  and  con.seiit  to  transfer  stock     .... 

Drawing  list  of  claims,  folios  1 10       ....... 

Drawing  and  engi'ossin^'  aMidavit,  verilying  sei  \ice  of  cojiy  summons 
on  ,  foli(«  6       ........         . 

Prej);iring  exhibit       .......... 

Paid  commi.ssioner  taking  deponent's  oath  and  marking  exhibit 


0 

(i 

8 

0 

0 

6 

0 

6 

8 

0 

16 

0 

0 

3 

6 

0 

5 

4 

0 

{) 

0 

0 

6 

8 

0 

10 

6 

0 

5 

4 

0 

2 

0 

0 

2 

8 

0 

13 

4 

0 

3 

6 

0 

3 

6 

5 

10 

0 

0 

6 

0 

0 

1 

0 

0 

2 

6 

OFFICIAL   LIQl'IDATOIl's   COSTS.  So. 


£.      I.      <t. 
Mjikiil;^  cnjiv  i.f  tliis  alli.liivit  to  be  iii.iikf.l  as  an  oirK'c  <<ii>y      .         .020 

I'aid  filing'  alli.la\  it 0     i'     0 

Tai.l  lui(.Hi.v  (..[.y .         .010 

Attciulinj,'  Mr.  ,  tlii'  oflicial  li^ui'latm's  jiaitntT,  in  vi-ry  l<»ii^ 

cniifViviici-  as  to  tilt'  ivsiilt  of  Mr.  I'.xainiiiation,  i-specially 

with  ivfeiviui'  to  daina;,'i'S  bv  tin-  iiui)roi)or  use  of  the  roumaiiy's 
b<tok.-<  subst'i|iiciit  to  tin*  lii[ui(latioii,  and  its  to  th(;  i^'oodwill,  and 
advisiii.LC  him  ^'i-iicrally  tht-icon,  also  ju-nisin^'  list  of  fiiitlR-r  claims 
which  iiail  comi'  in,  and  arian.i,'in;.,'  as  to  tht-  pait-s  of  tlu-  .schedule 

tluy  .should  be  inseiteil 110 

Makin;.,'   cojiy  of  order  of   the         iiisl.,  to  be  marked   as   an   oHice 

eopv,  folios  .") .  .  .  .  .  .  .  .  .      0      1      H 

Paid  lor  ..tlice  copy •         .     U     0  10 

"Writin*^  to  Mr.  ,  enclosing,'  nii;,'inal  sunimon.s  with  consi^'nt 

endoi-sed  for  sij,'naturo  by  his  solicitoi- 0     .3     (I 

Instructions  for  atlidavit  of  otHcial  licjuidatio-  verifyin:^  list  of  debts 

and  claims 0     (i     8 

Drawinj,'  siuue,  folios  '> 0     '>     0 

Kn;,'rossin.i,'  same         .         .         .         .         .         .         .         .         ..018 

Makinj,'  co])y  uf  list  of  debts  and  claims  to  be  marked  as  an  e.xhibit, 

foii(Ps  no' 1  k;    « 

Preparing  exhibit •         .010 

Attendiu}' appointment  of  claims,  when  the  .siime  adjourned  to  the 

0     G     8 

Writing  to  the  otlicial  li«iuidator  thereof,  and  re(|Ue.-tin<,'  him  to  call 

U])on  us  as  to  claims  upon  the  jiolicies    .         .         .         .         .         .     O     3     (> 

Drawing  directions  to  open  an  account  at  the  P.ank  of  England  .030 

^Making  3  cojiies  of  s)inie    .         .         .      ■' .030 

The  othcial  li<iuidator  being  very  ill,  atten<ling  on  him  with  conunis- 

sioner,  when  he  was  .sworn  to  his  attidavit      .         .         .         •         ,     0     fi     8 
Paid  commissioner  taking  deponent's  oath  and  marking  exhibit         .     O     -J     C, 

I'aid  fding  atlidavit    .         .        ' O     :i     O 

Making  copy  to  be  marked  as  an  otiice  copy       .         .         .         .         .018 

Paid  for  olli'ce  copy "        .         ...         .     0     0  10 

Attending  on  the'  otlicial  li.|uidator  on  his  signing  iliivctions  for 

o])cning  an  account  at  I'.aiik  of  England 0     6     8 

Attending  on  the  s«dicitors  for  the  liank  of  England  in  ivfereiue  to 
the  form  of  order  necessary  to  jiroceed  with  the  transfer  of  the 

fund 0     n     -^ 

Subsequently  attending  at  the  Iknk  of  P'ngland  and  ascertaintnl  the 
form  of  Older  to  be  obtained  and  was  informed  it  wouM  not  Ik* 

transferred  to  the  cash  account 0     (>     8 

"Writing  to  Mr.  with  n-^tice  of  ap])ointment  to  .settle  the  onhr 

to  transfer  the  stock 0-10 

The  like  to  Mr. •         •         .     0     :!     T. 

On  receijit  of  letter  from  Messrs.  ,  the  .^ilicitors  of  Mr 

makin"  copy  of  siime,  an<l  writing   to  the  otlicial  liquidator  with 

s.me        .      ' 0      J     G 

Attending  at   Mr.  in  ])Ui-suancp  of  the  letter  we  had  le.id 

from  ^iessrs.  ,  when  after  consid«"rable  dis«u*sion  he  agn-ed 

and  endorsed  the  summons  consenting  to  the  uixler,  engaged  a  very 

long  time .068 

Writing  to  Messrs.  with  notice  of  appointment  to  .'Cttle  the 

order  to  transfer  the  trust  fund 0     2     6 


S.')G  APPENDIX    III. 

£      s.      (1. 

Attt'iuliiii;'  at   till'  Jiuluf's  CliamLei'S,  Avlien  tlie  request  to  open  an 
account  of  ottitial  li([uidator  at  the  Eank  of  England  -was  duly 
signed  l)y  the  chief  clerk         .         .         .         .         .         .         .         .068 

Attending  the  official  liquidator's  clerk  on  his  calling  in  reference 
to  the    appointment  this  morning  ■svith  regard  to  the  order  to 
transfer  of  this  stock  and  conferring  with  him  thereon  .         .         .068 
Preparing,  settling,  and  entering  order  of  the  inst.         .         .     0  13     4 

Engrossing  same,  folios  4.         .         .         .         .         .         .         .         .014 

Paid  stamping  same 050 

Attending  ^Mr.  -with  reference  to  the  transfer  of  the  fund  and 

the  deposit  of  the  power  of  attorney  and  arranging  same        .         .068 
Making  copy  of  orderof         187    to  be  marked  as  an  office  copy,  folios  6 

Paid  for  office  copy 010 

Attending  at  the  Bank  of  England  lodging  re(|uest  to   open   the 

account  of  the  official  liquidator,  when  same  accepted     .         .         .068 
Writing  to  the  official  li([uidat()r  iufitrming  the  account  was  formally 

opened    .         .         .         .         .         .         .         .         .         .         .         .036 

Writing  to  Messrs.  informing  them  that  the  oi'der  for  transfer 

of  stock   was   completed   and   recj^uesting   them   to   send    us   an 
account  of  their  charges  .         .         .         .         .         .         .         .036 

Attending  Mr.  conferring  with  him  with  reference  to  the 

transfer  of  the  stock,  and  the  objections  which  it  appeared  had 
been  filed  by  thereto,  and  advising  him  theredu  .         .068 

Attending  at  Leadenhall  Street  upon  Mr.  and  informing  him 

that  he  had  stopped  the  transfer,  when  he  stated  it  was  a  stoppage 
of  h)ng  standing,  and  he  accompanied  us  to  Messrs. 

&  Co.      .         .    ' 0     6     8 

Subsequently  attending  with  Mr.  and  Messrs.  &  Co. 

at  the  Bank  of  England  and  getting  the  transfer  comidetcd  .         .068 

Attending  a])pointment  before  the  clnef  clerk  in  reference  to  the 

steps   to   be    taken   in    the   liquidation,    chiefly   in   reference   to 

members,  and  he  directed  us  to  serve  a  summons  for  leave  to 

apply  to  the  members  for  the  £  due  from  each         .         .0134 

Preparing  summons  for  order  that    tlie    members  of  the  company 

should  pay  each,  aiid  that  failing  ])ayment  of  such  amount 

the  (ifiiciai  lifpiiilator  might  biing  in  a  list  of  members  so  making 

default,  and  attending  at  Cliamliers  to  get  same  sealed  . 

Paid  stanqjing  same  .......... 

Making  copy  of  same  to  leave  at  Chambers        ..... 

Wi'iting  to  the  official  liquidator  witli  cerlificatt'  of  tianslci'  of  tiust 

fund  in  his  name,  and  also  I'epoi'ting  to  him  geneially  tlic  icsulls 

of  the  a]qpointment  bel'oi'c  the  chiel'  clerk  this  nioiiiing 

Wi-iting  to  Messrs.  &  ( 'o.  with  amount  of  thcii'  tliaigcs  asbidkers 

Paid  same  ............ 

Writing  to  the  official  li(|uidator  for  an  a]ipointnient  to  consider  witli 

liini  the  termsof  theapplication  lo  l.c  made  to  the  ]iolicy  holders      0     3     6 
Making  copy  ordei'  to  liansl'cr  stock  lo   In-  niaikcij   as  an  ollicc  copv, 

folios  4 '.014 

Paid  for  office  c(qiy    .         .  .         .  .     ()     U     8 

Attenfling  at  llie  Bank  of  I']nglan<l  and  lid'^ing  same  al  llic  tiansl'cr 

office ' 068 

Drawing  directions  from  the  chicTclcik  to  sell  the  £  ctuisols 

and  fair  copy 028 

Attending  the  official  liqnidatrir  wilh  same  to  get  same  signed  .034 


0  13 

4 

0     3 

0 

0     2 

0 

0     3 

6 

0     3 

6 

0 

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8 

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0 

8 

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8 

OITK'IAI,    LI<,'l'll'AT()U's    COSTS.  8.')7 


Atti'ii.liiiu;   Mr.  iit  his  ullicc  (tlie  .illi.i.il  li'iiiiliitcir  iK-iii;,'  ill) 

t'li^'ii^fil  j^'uiii;,'  tliinu^'li  llu!  list  of  iliri-ctui-s  ami  tontiiliutorifs  aii<l 
(liscussiiij,'  same.  K'^  '"o  iiistnictiinis  ami  advising,'  him  as  ti>  the 
lurm  of  juo|.(.<!etl  list  ut  niiitril.titorics  ami  arraii;^iii^'  the  course  to 
1)1"  taken,  fii;^'a>itMl  ii  vi'iv  loii;^'  tiiiic  .  .  .  .  .  .220 

.SuhsetiiR-ntly  viitini,'  llie  otlicial  li([iii(ialor  leciUcstiu^'  him  to 
return  us  "the  ceititiiate  of  the  transfer  of  the  £  consols  in 

order  to  jnoduce  same  to  eliief  clerk       .         .         .         .         .         .     0     3     G 

"NViitin^'  t<»  .Messrs.  in  reidy  to  their  letter,  and  sendin-,'  them 
the  amount  of  their  ihar-^es  for  attendance  on  hehalf  of  their 
client,  Mr.  ,  in  reference  to  the  order  as  to  the  transfer  of 
the  .£  consols 0     3*; 

Paid  same  .......•■■•• 

.Sul)senuentlya(tendin:..;tlieollici;d  liiiui«lator  in  very  Ion;,' conference 
as  to  the  mode  of  ilealini,'  with  the  claims  m.-ide  by  ^tolicy  holders, 
and  whether  we  should  hiin^'  the  (luestion  helore  the  chief 
cleik,  and  conferring' with  him  at  ^reat  len;,'th       .         .         .         .     1    11     G 

Attending'  at  l{olls  Ciiamliers  with  form  of  retiue.st  to  the  Rank  of 
Kn^'laml  to  .sell  the  stock,  when  they  rei|uired  a  further  special  form 
to  i)e  iU'ej)aitMl  leiiuestiii-,'  the  hank  to  accept  the  transler 

Dr.iwin^'  same  ami  fail-  co]>y,  folios  2  ...... 

Attiiidin^'  the  oHi(  ial  li(iuidator  obtaining'  his  .sij,'nature  thei-et<» 

Diawin;^'  fojin  of  reijuest  to  sell  .so  much  of  the  £  consols  as 

would  realise  £  and  fair  cojiy 0     2     8 

Attending'  the  otlicial  liquidator,  in  lon^'  conference  in  refeieju-e  to 
the  ojtinion  of  Mr.  with  re;.,'ard  to  the  basis  upon  which  the 

claims  of  policy  holdeis  should  be  treated,  en^'aj^ed  a  Ion;,'  tinu-      .      Ill      G 

Attending,'  the  oilicial  liiiuidator  jirior  to  the  appointment  to-day, 
;,'oin.i,'  throu;,'h  various  ijuestious  which  had  been  raised,  and  ad- 
vising him  thereon  .         .         .         .         .         .  •         .     0   lo     4 

Attending,'  at  the  Hank  of  Kn;ilanil  with  letter  from  the  otlicial  liqui- 
dator requi-stin;,' certilicate  of  transfer  to  be  t,'iven  to  us  that  the 
slock  was  standing  in  his  name  as  otlicial  liquidator  of  the  c»impany     0     G     8 

Attendin;,'  ailjourned  appointment  before  the  chief  ilerk  upon  the 
list  of  debts  and  claims,  when  no  jn-r.son  ajq>earin;4,'<;>iue  ju-oceeded 
with  and  adjouriu-d,  the  otlicial  liquidator  to  Ik-  at  liberty  to  select 
a  j>  ilicy  holder's  case  as  a  representative  one,  which  would  <qierate 
as  a  ;,'uide  in  fi.xin;,' all  claims  of  policy  holders       .         .         .         .     0  13     4 

Attendin;.,'  .summons  before  the  chief  deik  in  n-feix-nce  to  the  mem- 
bers of  this  (dmi>any  and  their  liabilities  umler  the  4th  clans*- of 
the  memorandum  of  asso(iation  to  contrilaite,  and  for  iliivctions, 
when  the  chief  cleik  directed  that  we  should  a]>ply  for  the  aujount 
by  letter,  and  failing  that  we  could  brin.;  in  a  list  of  c  ai- 
tributories 013-1 

-I  »//(/.</. 

Attending,'  the  otFicial  li<;uidator  as  to  the  form  of  the  letter  to  be 
gent  to  the  j)oli«y  holders,  and  tinallv  .settling  s-ime,  engageil  dis- 
cu.ssing  fsi'veial  ijtu-stions  as  to  the  liability  of  membiis  without 
]irolits,  and  the  form  of  the  list  to  bo  furnished,  and  giving 
>u'ce.<»sary  diivctions  tor  ."vime,  engaged  a  long  time  •         ..110 

Attiiidingthe  otlicial  liquidator  in  long  confen-nco  aa  to  the  various 
matters  to  be  brought  to  the  attention  of  the  Court,  engaged  a 
Ion-'  time 0  13     4 


0 

2 

0 

0 

1 

0 

0 

1 

0 

0 

0 

•4 

858  APPENDIX    III. 

£ 

Making  copy  of  letter  to  policy  lioklurs,  folios  4,  and  fair  copy  clause 
of  inembeis  of  association  to  accompany,  for  the  printer,  folios  2, 
toffetlior  G  folios     ..........     0 

Examining,'  and  eorrectin_g  proof        ...... 

Paid  ])]inter's  charges         ........ 

Drawing  form  of  receipt,  folio  1 

Examining  and  correcting  proof         ...... 

Paid  printer's  cliarges 

Attending  at  the  printer's,  giving  fiwtlier  instructions  aa  to  reference 
being  made  to  the  number  of  policies,  the  otficial  liquidator  not 
being  able  to  furnish  the  names  alphaljctically       .         .         .         .068 

Engaged  filling  up  and  directing  circulars  and  cnvcLiiics  to 

policy  holders  at  \$.  (Jil.  each  ........ 

Paid  ])ostage  of  same 

Kumcrous  attendances  on  the  official  ]i(^uidatoi',  on  replies  to  the 
circular,  and  also  numerous  attendances  on  and  letters  to  the 
policyholders  giving  them  the  information  they  requested  to 
KUfAV  how  they  became  liable,  were  charged  and  allowed. 

Drawing  statement  of  result  of  circulars  and  amount  received,  also 
statement  of  circulai's  returned  through  the  Dead-letter  Ollice, 
folios  40 ' 2     0     0 

Making  fail' copy  i'or  the  otlicial  lii[uidator         .         .         .         .         .     0  1.3     4 

Attending  Mr.  on  his  calling,  giving  him  inrmmatidn  herein 

and   receiving   the    amount   due   from   him   in  disihaige   of  his 
liability  as  a  member  of  the  company     .         .         .         •         •         .008 
Several  attendances  of  the  like  nature  as  this  were  allowed. 

Odoher. 

Attending  the  oflicial  liquidalnr  in  Ling  interview  in  icfi'rence  to  the 
question  which  he  thought  should  be  raised  as  to  the  liability  of 
the  directors  to  contriliute  £  each  so  hmg  as  they  were 

members,  tlie  liability  having  arisen  only  du  tlie  order  to  wind  u]) 
of  the  company,  engaged  a  very  long  tinu!      .         .         .         .  .110 

Attending  iMi'.    '  (the  official  liquidator's  partner),  conferring 

with  him  in  reference  as  to  selecting  certain  cases  against  the 
directors  as  test  cases,  and  advising  him  fully  thereon    .         .         .     0  13     4 

Having  received  ameiKhid  copy  of  corrected  addicsses  of  contribu- 

tories  from  the  official  ii(|uidator,  ])erusing  same  and  making  notes     0     0     8 

Wiitiiig  to  tlie  official  li(|uidator  in  re])ly  to  his  letter  in  icference  to 
tlie  directoi's  to  be;  ]daccil  iipun  tlic  list  nf  con!  rilni(oriesaii<l  ii\aking 
HiH'ciiil  appointment  Idr  lo-nioirou  In  cdiL-iilcr  the  niatlcr 
fully 0     3     0 

Attending  the  olliciai  liqiiiilalnr,  cnnrciiiiig  with  him  al  great  Iciiglli 
with  reference  to  the  lialiility  of  the  directors,  and  as  to  the 
cla.sses  of  the  cases  in  which  it  would  lie  necessary  to  take  the 
()])inion  of  tlie  Court  in  tlw  cvrnt  of  tiie  diieclors  questioning 
their  liability  and  arranging  liic  cmusi-  Icilic  taken,  also  conferring 
witli  him  in  rel'erenc<'  to  tlie  classes  of  llie  (  reditois  wliich  wouhl 
liave  to  be  coiisidei'ed,  engaged  a  long  t  inic     .  .  .  .  .     0    13     4 

Attending  the  oMicial  liqiiidatoi-  in  long  cnnl'ereiice  as  to  the  (pies- 
tion  of  set  fill",  wliicli  would  ])rf>bably  be  brought  forwanl  by 
Messrs.  (t  Co.,  and  conferring  with  him  at  great  length, 

. 0  13     4 


0F1-"ICIAL    MQUIPATOU  S    CObTS. 


IVrusing  draft  ]>r<>in's<Ml  list  of  cuntril'iitdrics  ns  fur  as  the  (lirfctin-s 
wiTf  cimceriu-il  aiul  iiuiimraiiilum  of  tlu-  uMi.  ial  li<jui'lati)r  on 
siiiiie       .         .         .         .         .         •         •         •         • 

Haviiij,'  olitaiiicd  an  apiiointnu-iit  lufoiv  the  rliicf  ilcik  on  thr 
ultimo  in  -2  rcprrscntativc  cases,  ami  foi'  the         nltiino  to  juoccm-iI 
UjM.n  (lisi>uttil  (laims,  writing'  to  the  ollicial  li(iui(lator  inroiiuin;,' 
linn  of  same  ........... 

Notice  of  these  ni>i)i«intments  and  7  eopics  an<l  s<-rvice  (1st  4>-. 
and  the  others  ±<.  (>(/.  each) :  .       •  .      • 

Drawin;^  case  for  counsel  to  advise  in  reference  to  the  i»osition  of  all 
the  directors,  hotli  i)ast  and  luesent,  folios  2<)  .... 

Making' fair  cojiy  of  sime  for  counsel 

Attending'  counsel  with  same 

Paid  fee  to  him  and  clerk .         ........ 

Attendin>i  counsel  ajijiointin;,'  conference  ...... 

Paid  conference  fee  to  him  and  i  I'lk  ...... 

SSittin<'3  fee 


859 

i:  >.  ./. 

0  13  4 

0  3  0 
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1  0  0 
0  (!  H 

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0  (]  8 

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0  15  U 


Michndmas  Si((iii[i,  187     . 
November. 

Attendin<^  conference  with  counsel  in  n-ference  to  the  position  «)f  the 
directoi-s  pa.st  and  jiresent,  and  particuLirly  as  to  tne  liability  of 
tho.se  who  resigned  more  than  12  months,  when  he  advi.sed  that  all 
the  directors  were  liable  ........ 

Sulisecjuently  attendin<,'  the  otiicial  liquidator  as  to  the  residt  t>f 
counsel's  opinion,  wlien  he  directeil  us  to  cany  into  Chambers  a 
list  of  all  the  directors • 

Atti-ndin^'  at  Somerset  House  .searchin;.,'  for  will  or  letters  of  ad- 
ministration to  the  estate  of  (one  of  the  contribut<tries), 
wiien  we  found  will  had  iiot  been  i>roved  or  ailministration 
^,'ranted            .......••• 

Paid  .search         .......••■ 

InstructioiLs  for  allidavit  of  ollicial  li.iuidator  in  supi.nrl  of  list  o 
contributories 

Drawing,' .same,  folios  4        ....... 

Kn^'idssin^'  same         .         .         .         .  ■ 

Making  further  copv  list  of  contributoi  iis  to  b  ■  luarked  a<  an  exhibit 
folios  10  .      ■ 

Prej>aring  e.\hibit       ......... 

Attending  the  oflicial  liquidator  on  liis  Ixdng  sworn  to  same 

Paid  commissioner  taking  dejxMient's  oath  and  marking  e.xhii'it 

Making  copy  allidavit  to  be  marked  as  an  otiice  cojiy 

Paid  tiling  atfnlavit 

Paid  for  ollice  copy     .......•• 

Paid  for  ollice  copy  allidavit  of         ,r.lioslO      .... 

Perusing  .suae.  ......••• 

Paid  for  otiice  copy  alhflavit  of         ,  folios  (>.... 

Perusing  s;ime    ....... 

Copy  and  service  of  notice  of  apiKiintment  of  the 

&  Co.,  solicitors  for  contributories 

Making  copy  of  letter  received  from  Messrs. 


in.«t.  on  Me.s.srs 
as  to  I  lie  repre 


0  13     4 


0     0     8 


0 

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8 

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4 

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8 

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0 

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4 

SCO  APPENDIX   III. 

£      s.      d. 

pontative  rases  in  which  they  desired  to  ajt,  and  writing  to  the 

otticial  li(|uiilator  with  same 0     4     6 

Attending  appointment  Lefore  the  clnef  clerk  npon  the  representa- 
tive cases  (Policies,  Nos.  72  and  173)  when  after  considerable  dis- 
cussion same  adjourned  to  the  Judge  and  chief  clerk  directed  us  to 
obtain  appointment  in  reference  to  a  case  of  set-otf  which  Messrs. 

desired  to  set  up 0  13     4 

Having  obtained  an  appointment  to  attend  before  the  chief  clerk  on  the 
17th  inst.,  notice  thereof  to  the  official  liquidator  copy  and  service 

The  like  on  Messrs.  

Making  copy  opinion  of  counsel  in  reference  to  the  settlement  of  the 
list  of  directors  for  the  official  liquidator,  folios  10  ... 

Paid  for  office  copy  affidavit  of  ,  folios  16 

Perusing  same 

On  receipt  of  affidavit  from  Mr.  in  support  of  Mr. 

claim,  perusing  same,  folios  6  ....... 

On  receipt  of  letter  from  the  official  liquidator  in  reference  to  the  posi- 
tion of  the  diiectors,  and  upon  the  necessary  evidence  upon  the  list 
writing  him  in  reply  with  our  views  thereon  .... 

Paid  for  office  copy  affidavit  of  ,  folios  3   . 

Perusing  same    .         .         .         .         .         . 

Paid  for  office  copy  affidavit  of  ,  lolii  s  13 

Peiusing  same    ........... 

Attending  appointment  before  the  chief  clerk  to  proceed  on  claims 
wlien  same  proceeded  with,  but  owing  to  the  evidence  not  being 
filed  in  all  the  cases  same  adjourned       .         .         .         .         .         .110 

Having  obtained  a  fuither  appointment  to  proceed  to  settle  list  of 

claims,  eighteen  co])ies  and  services  of  same   .         .         .         .         .19     0 

Attending  the  official  li(iuidator  confeiring  with  him  as  to  the  settle- 
ment of  tlie  directois  u])on  the  list  in  respect  of  their  liability  of 
£  membership,  and  also  as  to  the  (questions  on  the  list  of 

]oli(y  hohU'is,  members  and  non-membeis,  and  advising  him  fully 
lliereon,  engaged  above  an  hour      .         .         .         .         .         .         .     0  13     4 

Having  receivecl  an  ap])()intment  to  settle  list  of  contributories  on  the 

27tli  inst.  notice  thei'eof  to  official  li(|uidator,  copy  and  service       .026 

Attending  the  official  li(piidator's  cleik  in  reference  to  the  prepara- 
tion of  the  list  of  iiKMubers  and  giving  him  tlie  necessary  infor- 
mation     068 

Attending  api)ointment  before  the  chief  clerk  in  reference  to  tlie 

case  of  set-off,  &c.  when  same  adjourned  to  tlie  Ju<lg(;     .         .         .068 

"Writing  to  the  olficial  liquidator  and  iid'ornnng  liini  tliat  tlie  thi'ee 
(jucstions  on  jiolicies  and  set-off  would  be  argued  before  the  Judge 
this  aftei'nocm  .  .  .  .  .  .  .  .         .         .036 

Having  received  from   official  liquidator  two  sju'cial    rcjmrts  of  Mr. 
tlie  actuary,  jicrusing  same   juior   to   tlie   ap])ointmeiit 
befoie  tlie  .Judge     .     " 0     6     8 

Attending  Ixd'ore  llie  Judge  in  case  in  lefei'ence  to  the  amount 

claimed  liy  the  ]iolicy  holilers,  and  after  healing  Messrs. 
tlie  Judge  decided  that  the  claim  shouM  bi'  allowed  on  Mr. 
basis,  also  decided  case.     The  Judge  also  decided  a  non- 

member  case  should  Ije  settled  on  the  l)asis  fixed  by  Mi'. 
although  he  was  a  non-member,  and  the  Judge  dccide(l  that  no  con- 
tributory could  set  off  his  contribution   against  a  debt  owing  to 
him  as  a  creditor  of  the  company,  notwithstanding  the  10th  section 


JC 

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OKl'IClAL    LlgUlDATUll's    COSTS.  801 


of  tlie  Judicature  Act,  wiiicli  he  held  did  not  ajudy,  custs  to  he 
aUowed  to  Messrs.  on  tlie  three  cases  .... 

NVrilin;,' to  Messrs.  .s  ilicilnrs  for  Mr.  a  contrihutory, 

in  rei)Iy  to  their  letter  to  the  ollicial  liquidator  and  informiii;,'  tlicni 
that  they  couhl  inspect  tlie  l)ooks  at  liis  ollicu  .... 

Paid  Messi-s.  I't  Co.  for  copy  exhibit,  folios  18  .         .         . 

Writing' to  the  olli<ial  liquidator  with  same         ..... 

The  notice  sent  to  Mr.  one  of  the  directois,  having  sub>e- 

(piently  been  returned  throu^^di  the  post-ollice  marked  "  gone  away," 
writing  to  the  ollicial  liipiidator  iid'orming  him  of  same  and 
reijuesting  to  know  wliether  lie  could  give  us  any  better  a  ldre.ss    . 

Perusing  notes  of  the  ollicial  li(iui(hitnr  prior  to  appointment  as  to 
claims     ............ 

Attending  ajipointnient  before  the  chief  clerk  engaged  finm 

when   Mr.  claim  was  proceechMl   upon   ami  allnwed,  and 

other  claims  partly  j)roceeded  with         ...... 

Paiil  for  copy  exliibits  to  athdavit  of  ,  fnlins  18      . 

Writing  to  Messrs.  solicit<ii-s  fur  Mr.  one  of  the 

directoi-s,  in  reply  to  their  letter,  and  informing  them  that  Mr. 

claim  would  be  dealt  with   in  due  course,  Init  in  the 

meantime  we  should  be  obliged  to  call  ujinn  him    for  jiavnunt 

ofi; '.         . 

Paitl  for  copy  of  atiidavit  of  ,  folios  :il        ..... 

Perusing  same    ........... 

"Writing  to  Messrs.  in  reply  to  their  letter  and  informing 

them  that  we  wrote  to  the  otlicial  liciuidator  for  an  appointment 
to  them  to  inspect  the  books  of  the  company  .... 

"Writing  to  tlieotticial  li(iuidator  for  ana]>i>oiutment  to  enable  Messrs. 
to  inspect  the  books  of  the  company         .... 

Attending  Messrs.  conferring  with  them  as  to  the  jiosition 

of  one  of  the  directors  of  the  company       .... 

"Writing  to  Messrs.  with  appointment    for   Monday  next   to 

inspect  documents  on  behalf  of  their  client     ..... 

Making  fair  copy  of  otlicial  li<[uiilatoi-'s  first  account  of  receipt.s  and 
payments  to  be  markeil  as  an  exhibit,  folios  130     .... 

Drawing  anil  engrossing  altidavit  of  verifying  service  of  notice 

to  .settle  list  of  coutributories,  folio  G       ...... 

Preparing  two  exhibits       ......... 

rai<l  commissioner  taking  deponent's  oath  and  marking  two  exhibits 

Making  copv  of  allidavit  to  be  markeil  as  an  otlice  copy 

Paid  li'ling  allidavit "... 

Paid  for  olhce  copy     .......... 

Attending  the  ollicial  liquidator  this  morning  in  long  conference 
upon  tlie  claims  and  discussing  same  fully,  al.so  conferring  as  to  the 
.settlement  of  the  list  of  directors  contributorics,  and  examining 
contributories'  minutes  and  attendance  books,  engaged  a  very  hmg 
time,  and  advising  him  generally  as  to  the  course  to  be  j»uisued 
to-day     ,         .      " 110 

Attending  appointment  before  the  chief  clerk  to  settle  the  list-s  <if 
contributories  when  same  settled  with  the  excej>tion  of  those  c;ises 
for  whom  solicitors  had  entered  appearances,  and  sjime  adjourne<l 
in  order  to  enable  them  t  >  lile  evidence-  an  1  otHcial  liipaidator  to 
verify  books 0  13     4 

Attending  Messi's.  iv<  to  Mr.  case  on  their  calling, 


0 

3 

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0 

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8 

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0 

8G2  APPENDIX   IIT. 

£     s.      (/. 
when  they  alh'ged  that  we  had  im   case  against  their  client  as 

re;^'aids  the  books  of  the  company 0     6     8 

Suhsec^uently  attending  the   otlicial  liquidator  thereon  and  as  to 

obtaining  letters  from  Mr.  which  that  gentleman  held 

back  and  which  the  official  liiiuidator  Ijelieved  would  prove  Mr. 

had  accepted  a  directcnial  in  this  company  and  advising 

him  thereon •         •         ..008 

It  being  necessary  to  file  an  affidavit  of  the  official  liquidator  within 
seven  days  verifying  the  books  of  the  company,  writing  to  the 
otlicial  liquidator  for  a  list  of  same  to  enable  us  to  prepare  the 

affidavit •.      .  ■         •         .036 

Wi'iting  to  Mr.  informing  him  that  the  official  licpiidator  would 

admit  Mr.  claim  upon  his  filing  an  amended  affidavit  .         .036 

'\A'riting  to  the  official  liqui(Uitor  with  office  copy  depositions  of  Mr. 

as  requested  and  clerk  attending  with  same     .         .         .068 
"Writing  to  Mr.  in  reply  to  his  letter  as  to  the  claim  of  Mr. 

being  one  for  damages 0     3     6 

Instructions  for  affidavit  of  the  official  liipiidatur,  verifying  all  the 

books  of  the  company 0     6     8 

Drawing  same,  folios  9       .         .         .         .         .         .         .         .         .090 

Attending  the  official  liquidator  going  through  the  books  of  the  com- 
pany and  making  list  of  same  to  be  included  in  the  schedule  to 

his  affidavit  as  to  the  directors 0     6     8 

Instructions   for  affidavit   of  official  liipudator  as  to  claim  against 

Mr.  .    _ 0     (i     8 

Drawing  same,  hilins  S 0     8     0 

Writing  to  the  official  lifjuidator  with  same  for  his  a]>i>roval      .         .036 
Engnissing  affidavit  of  official  li([uidator  verifying  books  and  ducu- 

ments  in  his  possession,  folios  9 0     3     0 

Prejiaring  forty-two  exhibits 2     2     0 

Attending  deponent  to  be  sworn  to  same 0     (>     8 

Paid  commissioner  taking  deponent's  oath  and  niaiking  exhibits       .236 
IMaking  copv  of  this  affidavit  to  be  marked  as  an  office  copy      .         .030 

Paid  fifing  affidavit '       .         .020 

Paid  for  office  co])y .         .016 

Notice  of  filing  this  atfidavit,  five   cojiies  and   services  (first  4.s.   and 

the  others  2s.  (UL  each) _  .  .         .     0   14     0 

Attending  the  official  ]i(piidatnr  in  long  conference,  going  thicjiigh 
the  books  of  the  com)>any  to  ascertain  which  related  U>  the  election 
of  Mr.  as  a  director         .         .         .        .•      .    •  .       •         •         .     0  13     4 

VVritin"tf)Mr.  infdrminghim  as  the  ofiicial  liipiidator  had  now 

verified  the  budks  of  the  company  he  must  file  his  evidence  in 
fourteen  days  in  sup])ort  of  his  dbjection  to  being  ])ut  on  the  list  of 

contiiliutorics  as  a  director 0     3     6 

AViitiiig  to  ^Messrs.  in  rejdy  to  theii'  letter  as  to  the  case  of  ]\Ir. 

and  requesting  to  enter  an  appearance  for  him  .         .036 

Writ  in"  to  Messrs.  in  reply  to  their  letter  as  to  the  case  of 

their  client  Mr.  a  director,  and   informing  them  under 

the  circumstances  mentinncd  l>y  them  we  wouhl  consent  to  their 
client's  case  standing  updii  the  same  fooling  as  the  other  contested 
cases,  but   they  must    file   their   evidence   in    opposition   within 

fourteen  days • . .  .  •       .  •         .036 

Instructions  for  affidavit  of  (  Ifiuial  liipiidalor  verifying  his  first 
account  of  receipt  of  payment 0     6     8 


0    :}    n 


OFFICIAL   LIQUIKATOk's    COSTS.  8G3 

£      >.      it. 

Dmwiu;^  same,  fulins  .') 'J     •»     '> 

Knj,'r(>s.sin;^  siiiiic         .         .         •  •         •         •         •         •         •         .     0     1     H 

rivi>iiiiii-  cxliil.it U     1     0 

Writiii','  to  iitticiiil  li-iuiJutcr  with  .siiiic  aii.l  a.r,,iiiit,  aii-l  r.M|ii,stiii^' 

him  to  ivtiuii  siuiie  to  us  wlii-ii  c(imiilctctl      .  .         . 

Atteudin;,'  at  tlu'  ollife  of  the  otiicial  lii[uiilatoiaii<l  I'urtlicisrarchiii;^' 

for  docuiiu-uts  in  possession  of  the  cniupaiiy  relatiii;,'  to  tlie  claim 

a>'aiiist  ,  Hiul  peiusiii;,'  minute  book,  and  other  documents, 

en;,Mj,'ed  a  h>n;,' time 0  13     4 

Enj,'rossin^'  alliduvit  of  othcial  li«[uiilat<)r  in  siipjioit  of  ctduiiany'.s 

c-laim  against  Mr.  ,  inehuling  correspondeiiee,  folios  2.')     0     8     4 

Preparing'  7  exhibits 0     <      0 

"Writing' to  the  ollicial  li<|uidator  and  in  for  mi  u.l,' him  that  tlie  solicitors 
en^aC'ed  for  Mr.  had  retjuested  an  appointment  to  in.spect 

the  (C)cuments  in  his  jtossession,  and  leipiestini^  him  to  let  us  know 
tin  what  day  and  In  air  it  would  be  convenient  fnr  him  to  pr<Mluce 

same .         .     0     3    G 

Attending;  the  ollicial  liqui-Iator  on  his  lii-im;  sworn  to  his  aflidavit 

verifvinLj  his  tirst  account  of  receijit  of  iiayments  .  .  .  .008 
Paid  ciiminissioner  takin;^  deponent's  oath  and  marking,'  exhibit  .  0  2  (i 
Makim;  cojiv  of  this  athdavit  to  be  marked  as  an  ollicL-  copy,  f(dios  5     0     18 

Paid  tiTin-  athdavit 020 

Pai.l  for  ortice  copy 0     0  10 

Attending'  the  ollicial  litpiidator  on  his  bein;,' sworn  to  hisallidavit  in 

support  of  company's  claim  a;4ainst  Mr.  .         .         .         .     0     G     8 

Paid  commissioner  taking,' dei)onent's  oath  and  markinjf  7  exhibits    .086 
Making'  copv  of  this  atUdavit  to  be  marked  as  an  olhce  copy     .         .084 

Paid  liTin-  atlidavit 020 

Paid  for  otlice  copy 0     4     2 

Notice  of  filin«'  this  aflidavit  and  copv  and  service  on  Mes-srs. 

&Co. .040 

Writinj,'  to  the   official  li<iuitl.itor  and  reipaestinj;  to  know,  having; 
re^'anl  to  the  decision  of  the  jud^a-  in  the  cases  of  Messrs.  , 

whether  it  would  not  be  advisable  to  take  the  directions  of  the 
chief  clerk  as  to  formally  intimatinj,'  to  all  policy  claimants  that  lie 
was  jm-pared  to  allow  tlieir  claims  at  a  fixed  amount  taken  ui»on 

the  juinciple  allowed  by  the  jud.^e 

Writing'  to  Messrs.  ,  solicitors  for  and  others, 

infoiniini,'  them  tiny  couM  inspect  the  books  and  papers  at  the 
otHcial  liipiidators  olHce  any  day  between  the  hours  of  12  and  2   . 
Attending' a]>pointment  taxin;,' costs  of  Mr.  .         .         .     0     (5     8 

Atteiidin-,' ai>pointment  taxinj,' cost.s  of  Mr.  .         .         .008 

Atteiidin;,'  otiicial   liipiidator  conferrint,'  with  him  as  to  the  lett.r 
whiih  was  referre<l  to  by  Mr.  as  liaviii;,'  bi-i-n  received  by  him 

from  Mr.  ,  when  he  retpiested  us  to  write  U»  Mr. 

for  same 0     G     8 

Wiitin^'  to  Mr.  accoitlin;,'ly  for  the  siime         .         .         .030 

Instrut^tions  for  aliid.ivit  of  the  official  lirpiidator  in  oj.posilion  to 

Mr.  claim 0     G     8 

Drawin-^  Siune,  folios  24 14     0 

Writin-,'   to   official   liquidator   with   same  for  his  i>enis;d,  and  t  • 
furnish    us   with    any   suggestions    that    might    occur    to    him 

upon  it •.      .•        .•         .     0     3     G 

Preparing  summons  for  leave  to  proceed  on  official  li'juidators  first 


0     3     0 
0     3     6 


0 

G 

8 

0 

3 

0 

0 

2 

0 

864  .  ArpENDix  III. 


account  of  receipts  and  payments  and  attendinLjat  CliamlxTs  to  get 
same  sealed     ........... 

Paid  stamping  same  .......... 

Making  copy  of  summons  to  leave  at  Chambers         .... 

"Writing  to  Messrs.  in  reply  to  their  letter  as  to  Mr. 

and  others'  cases,  and  informing  them  that  it  was  necessary  for  the 
official  liquidator  to  verify  the  whole  of  the  books  and  papers  of 
the  company,  and  amongst  the  books  and  papers  we  found  those 
which  related  to  their  clients,  such  as  the  minute  book,  attendance 
book,  &c.,  and  that  we  could  not  see  how  we  could  follow  out  their 
suggestion  as  to  the  statement  of  facts  as  atfecting  tlie  directors'  cases     0     5     0 

"Writing  to  official  licjuidator  with  notice  of  appointment  to  vouch 

his  hist  account  of  receipts  and  payments 0     2     6 

"Wiiting  to  Messrs.                           &  Co.  in  reply  to  their  letter  of  the 
inst.,  and  informing  them  that  the  books  and  papers  referred  to 
in  the  affidavit  of  the  official  liquidator  referring  to  ]\Ir. 
case  were  those  upon  Avhich  he  relied  in  support  of  his  contention 
that  their  client  was  liable  as  a  director 0     3     6 

Attending  the  official  li(juidatorand  conferring  with  him  in  reference 
to  a  letter  received  from  Messrs.  as  to  the  books  we 

relied  upon  to  sliow  the  dates  of  resignation,  &c.,  of  the  directors, 
and  advising  him  thereon,  engaged  upwards  of  1  Iiour  .         .         .0134 

"Writing  to  Messis.  &;  Co.  in  reply  to  their  letter,  and  in- 

forming them  that  we  had  conferred  with  the  official  liquidator  on 
same,  that  we  could  not  see  from  tlie  books  of  the  company  with 
respect  to  what  particular  we  could  agree  ujion  in  reference  to  the 
respective  positions  of  tiieir  clients,  and  that  we  found  that  their 
clients  were  all  directors  of  the  company  at  the  date  of  the  petition 
to  wind  up  same,  and,  if  they  admitted  this,  then  there  would  l)e 
no  dates  either  tf)  agree  or  disj)ute  ujjon  as  far  as  we  were  aware    .050 

Writing  to  Messrs.                         ,  solicitors  for  Mr.  ,  in 

reply  to  their  letter,  and  informing  them  that  tliey  could  inspect 
the  minute  book  at  tlic  official  liipiidatnr's  office  any  dav  between 
12  and  2 "      .'        .         .036 

"Writing  to  Messis.  in  reply  to  their  h^ter  as  to  .Mr.  claim     0     3     6 

Attending  tlie  official  liquidator's  office  with  ivgard  to  Mr. 

claim,  tinally  settling  his  affidavit  in  oj)position  to  this  claim,  and 
conferring  fully  as  to  the  mode  of  dealing  with  the  claims  of  the 
policy  holders,  when  he  ])romi.-^ed  to  prepare  a  list  showing  the 
amount  at  which  he  was  ])i'epared  to  a<lmit  their  claims         .         .068 

Subsequently  writing  to  official  liquidator  re(iuesting  him  to  let  us 
have  a  co])y  of  this  li.st  as  soon  as  ])ossible  to  enable  us  to  obtain 
an  a])j)ointment  before  the  chief  clerk,  when  notice  would  be  given 
to  all  jiersons  whose  claims  wei'e  admitted,  and  also  to  those  whose 
claims  were  to  be  ])i<ivcd  in  a<ldition  to  the  claims  on  the  ])olicies.     0     3     6 

Atlending  Messrs.  nn  their  calling,  and  inspecting  the 
documents  referred  to  in  the  allidavit  of  tlie  official  li(|uidat(ir  in 
reference  to  the  position  of  ]\Ir.  ,  and  they  requested 
to  be  fuinishi'd  witli  cnpy,  mi'iiinrainlums,  tvc,  engaged  above 
2  hours  .         .         .         .     ' '  .'        .         .     ]      ]     0 

Subsef[uently  wiiting  to  tlie  oUicial  liquidator  aci'()r(liiigly  fu'  cn|iy 
of  the  minutes  of                         ,  and  copy  letter  referred  to  therein, 
and  copy  minute  of                          ,  and  c<<\>y  oi'  the  entry 
numbered '.         .030 


0 

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0 

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0 

0 

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0 

2 

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8 

0 

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0 

4 

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4 

0 

OFFICIAL    l.igriDATOR's    COSTS.  805 

Attending  Mr.  's  cli  rk,  on  his  cjiUinf,'  willi  refin-na.-  t<> 

Mr.  's  citse,  and  conferrin;,'  with  liiin  as  to  the  evidencf, 

ami  t,'ivin^,'  him  information  as  to  the  time  for  hi.s  client's  evidence 

to  be  brou^'ht  in ^^ 

En«,'rossin^' aili(hxvit  of  oflicial  lifiuidator,  folios  24 

I'lvparin*,'  exhibit 

Attt-ndin;,'  deponent  to  be  sworn  to  wime  .  .  .  .  • 
Vn'id  comnussioner  taking  dt'iioncnt's  oath  and  marking  exhibit 
Making'  copv  of  thi.s  alhdiavit  to  be  marked  a.s  an  ollice  cnj.y 

Paid  tiling  athdavit 

Paid  for  oHice  copy    .....■•••• 

Notice  of  filing  Siimo,  copy  and  service       .         .         .         •         •         • 

"Writing  to  Messi-s.  "    &  Co.  acknowledging  the  receipt  of  their 

notice  of  their  appearing  for  Mr.  ,  and  reciuesting  to 

know  whether  they  were  aware  that  their  client  was  settled  on 

the  list  of  contributoi-s  on  the  last  in  re-spect  of  his 

liability  as  a  director  for  £  0     3     (> 

Paid  for  office  copy  alfidavit  of  ,  folio;.  G    .  .     0     :i     o 

Perusing  same  .  .         .         •         •  ;         .         .     U     '2     0 

Wiiting  to  Messi-s  &  Co.  acknowledging  receij)!  of  their 

letter,  and  informing  them  to  let  us  have  the  name.s  of  the  persons 

for  whom  thevhad  now  entered  appearances,  as  we  were  informed 

by  the  otticiid  li<|uidator  that  he  had  supplied  information  to  the 

advisers  of  some  of  the  directors,  ami  that  the  official  liiiuidator 

had  always  been  ready  to  give  them  any  information  they  might 

de.sire  in  "reference  to  "the  dates  of  election,  resignation,  &c.,  of  any 

of  their  cli'^'nt.s,  and  with  regard  to  their  suggestion  as  to  our 

agreeing  upon  a  statement  comprising  the  dates  of  election  and 

resignation  of  their  clients,    we  would  confer  with   the  otiicial 

liquidator  upon  it  and  communicate  with  them  further  thereon     .     0     o     <"> 

Making  copy  of  letter  received  from  Messrs.  &  Co.,  folios 

5,  and  writing  to  the  official  liquidator  with  same,  and  our  views 

thereon .  '     ^     '     ~ 

Writing  to  Messi-s.  «l!c  Co.  in  reply  to  their  letter  ot  the 

mst.,  informing  them  that  we  would  get  a  copy  of  the  niinuto 

of  made  for  them— that  no  meeting  was  reconled  in  the 

minute  book  as  having  Ix'en  held  on  the  ,  and  the  circular 

,,f  did  not  in  the  least  apply  to  their  client    .  .     0     :5     <"> 

Writing  to  the  otiicial  liquidator  and  informing  him  Mr. 

bill  of  costs  was  taxed  at  £  ,  and  Mr.  's  nt  £ 

and  requesting  him  to  get  cheques  signed  by  the  chief  clerk  for 

payment  of  same 0     o     <> 

Havint,'  received  further  copy  summons  from  Me.-v-i-s. 
&  Co.,  writing  them  and  'requesting  them  to  inform  us  whether 
thty  intended  to  abandon  the  former  summons      .         .  .     0     :i     (J 

Attending  Messrs.  &  Co.  on  their  idling,  and  giving 

them  iid'ormatioii  as  to  the  date  of  the  petition,  and  conferring 
with  them  on  other  matters  relating  to  the  liquidation,  eng;igtd 

above  an  hour 0  13     4 

Attending  summons  taken  out  on  behalf  of  and  othei-s 

for  further  time  to  file  evidence  in  oppositi(.n,  when  order  made    .     0     C     n 
Writing  to  the  otiicial  liquidator  rejwrting  to  him  the  substance  of 
the  defence  of  ,  and  as  to  the  dates,  :md  whether  he 

bhould  not  fUe  an  affidavit  in  opposition 0    3     <: 

3  K 


8G6  APPENDIX   111. 


£     s. 


Making  out  list  of  dates  of  appointments  and  resignations  of  Messrs. 

&  Co.'s  clients,  writing  them  with  same  and  in  reply  to 

their  letter  and  informing  them  with  reference  to  the  cases  of  their 

clients,  we  declined  their  suggestion  as  to  the  preparation  of  a  case 

upon  wliich  the  questions  could  be  decided    .         .         .         .         .050 

Writing  to  the  official  liquidator  requesting  him  to  forward  us  copies 
of  all  pi'oposals  made  by  the  directors  for  assurance,  in  order  for  us 
to  ascertain  the  position  they  were  in  as  regarded  membership      ,036 

Writing  to  Mr.  requesting  to  know  whether  he  was 

prepared  to  admit  that  his  client  signed  a  form  of  proposal  as  a 
member  .         .         .         .         .         .         .         .         .         .         .036 

Paid  for  office  copy  affidavit  of  ,  folios  G       .         .         .030 

Perusing  same   .         .         .         .         .         .         .         .         .         .         .020 

Paid  for  office  copy  affidavit  of  ,  folios  14     .         .         .070 

Perusing  same   .         .         .         .         .         .         .         .         .         .         .048 

AVriting  to  Messrs.  in  reply  to  their  letter,  and  informing 

them  that  we  agreed  with  them  that  their  case  possessed  features 
entirely  distinct  from  that  of  his  co-directors,  and  that  the  matter 
sliould  receive  our  attention  in  due  course     .         .         .         .         .036 

Making  copy  of  letter  received  from  Messrs.  ,  and  writing 

to  the  otticial  liquidator  with  same  and  thereon     .         .         .         .046 

Writing  to  Messrs.  in  reply  to  their  letter  as  to  the  case 

of  ,  and  informing  them  we  would  give  them  notice 

of  the  further  appointment  to  proceed  when  obtained   .         .         .036 

AVriting  t(j  Mr.  ,  requesting  to  know  if  he  had  found  the 

letter  referred  to  in  the  minute  of  the  of  December     .036 

Writing  a  similar  letter  to  Messrs.  .         .         .         .         .036 

Writing  to  Mr.  and  informing  him  that  his  time  for  filing 

evidence  in  o]'»position  to  his  being  put  on  the  list  of  contributors 
had  expired,  and,  unless  he  made  an  application  to  the  chief  clerk, 
he  would  be  precluded  from  producing  evidence   .         .         .         .036 

Attendiiig  official  licjuidator  in  very  long  conference  to  the  prepara- 
tion of  the  list  of  claims  of  policy  holders  which  required  to  be 
verified,  and  conferring  with  him  as  to  his  calculations,  and  also 
conferring  and  advising  him  as  to  the  supplemental  list  of  creditors, 
engaged  about  1  hour     .         .         .         .         .         .         .         .         .     0  13     4 

Attending  the  otlicial  liquidator's  clerk  prior  to  the  appointment 
to-day  to  pass  the  olticial  li(|uidator's  first  account  in  reference  to 
certain  memorandum  which  required  to  be  vouched      .         .         .068 

Attending   appointment  Jjefore    the    chief    clerk,    and   producing 

voucheis  in  support  of  the  olficial  liquidator's  first  account   .         .     0  13     4 

On  receipt  of  letter  from  Mr.  in  reply  to  ours  of  the 

inst.,  making  copy  of  same,  and  writing  to  the  olficial  liquidator 
with  same       .         .         .         .         .         .         .         .         .         .         .046 

Attending  and  retaining  Mr.  on  behalf  of  the  official 

licjuidator       .         .         .         .         .         .         .  .         .         .068 

Paid  fee  to  liim  and  clerk  .         .         .  .  .         .13     6 

Writing  to  the  oni<ial  liipiidator  and  infoiiiiiii;^  him  tliaL 

had  stated  on  his  affidavit  that  he  resigned  his  seat  at  the  Board 
on  the  ,  and  that  Mr.  in  his  affidavit 

alleged  that  he  never  accepted  the  office  of  director,  and  that, 
although  he  consented  to  be  nominated,  he  reserved  the  right  to 
refuse  the  a])])oin1nient,  and  that  the  decision  of  the  case  would 
practically  resolve  itself  into  the  question  wliether  as  a  director  of 


OFFICIAL    LlgflDATdU  S    COSTS. 


sc; 


(I 

(5 

H 

u 

G 

« 

1) 

3 

(> 

0 

4 

0 

0 

2 

8 

the  coinjtany  he  was  not  liiiV)lc  hy  riason  of  his  never  haviii;^ 
exercised  the  rif^hts  of  a  diri'ctur 0     5     0 

Writing'  to  Messrs.  &  Co.  iniorniiny  tlieiii  tliat,  as  we 

\\\rv  now  given  to  understand  that  they  were  now  acting  on  be- 
lialf  of  Mr.  ,  reminding  them  that  the  time  for  filing 

the  evidence  on  his  behalf  exi^ired  on  the  inst.     .         .         .     0     :{     <i 

Perusing  propo.sals  made  by  each  director  with  a  view  to  a.-certuin 

the  position  of  each  as  regarded  liability  as  members     .         .         .110 

Attending  .summons  taken  out  on  behalf  of  for  further 
time  to  file  his  evidence  in  opposition  to  his  name  being  included 
in  list  of  contributors,  when  order  made  to  the  January 
next        ...         

The  like  attendance  on  summniis  taken  out  on  behalf  of 

Writing  to  the  olHcial  liquiilator  infnimiug  him  the  result  of  these 
two  applications     ........•■ 

Paid  for  office  copy  atlidiivit  o{  ,  folios  8       .         .         . 

IVrusing  same  ........... 

Writing  to  Mr.  acknowledging  receint  of  his  letter  of 
the  inst.,  and  informing  him  we  should  address  future  com- 
munications to  Messrs.  .030 

Attending  upon  the  official  liquidator  at  his  office  and  conferring 
with  him  in  reference  to  preparation  of  the  list  of  policy  holder.-' 
claims,  and  advising  him  as  to  the  proper  amount  to  be  allowed   .     0  13     4 

Writing  to  Messrs.  &  Co.  in  reply  to  their  letter,  as  to 
the  case  of  !Mr.  ,  one  of  the  directors,  and  suggesting 
that  they  should  take  out  a  summons  for  us  to  show  cause  why 
their  client's  name  should  not  be  struck  out  of  the  list  of  con- 
tributtus  which  they  would  have  supported  by  an  affidavit  stating 
the  facts 0     3     0 

Writing  to  the  otfieial  liquidator  and  informing  liini  that  we  should 
be  glad  to  receive  the  list  of  the  claims  of  the  policy  holders  with 
the  amount  proper  to  be  allowed  up<iu  the  basis  fixed  by  the 

ju'l^i^     •         •        •         •         •.  ,. 

Drawing  special  list  ot  claims,  iolios  24     .....         . 

Perusing  statement  of  the  otlicial  liquidator  explaining  the  propo&J 
upon  which  the  same  was  prepai-ed        .         .         ... 

Perusing  memorandum  of  the  notes  made  by  the  otticial  liquidator 
on  aflidavit         ........ 

Writing  to  the  official  licjuiilator  in  reply  to  his  letter  acknowledging 
receipt  of  his  memorandum,  and  informing  him  we  did  not  con- 
sider it  was  neces.sary  for"  him  to  answer  atlidavit     .030 

Attending  summons  tiken  out  <in  behalf  of  and  others  for 

an  order  upon  the  otlicial  liquidator  that  he  should  point  out 
certain  ])ortions  of  books  affecting  their  cases,  same  dismis,<ed  with 
costs  in  the  absence  of  Messi-s.  &  Co.,  their  solicitors.     0  13     4 

Writing  to  Mes.srs.  &  Co.  informing  them  the  result  of 

their  siimmons       .         .         .         .         .         .         .         •         •         .     0     3     (> 

Having  obtained  an  aiqiointmeiil  before  the  chief  clerk  to  ]iroceed 
furtiier  with  policy  hol(UT.s,  writing  to  the  official  liquidator 
informing  him  of  s^mie,  ami  also  as  to  result  of  the  summons 
tiiken  out  on  behalf  of  and  othera 0     3     6 

Attending  Mr.  solicitor  for  ,  conferring  with  him 

in  reference  to  his  client's  liability,  and  a.s  to  the  evidence  which 
it  was  proposed  to  put  in  generally  as  to  this  case  .         .         .068 

3  K  2 


0 

1 

3  0 

4  0 

0 

0     8 

0 

(;    s 

868  APPENDIX    111. 


£       J.       d 


Attending  Messrs.  on  their  calling  in  reference  to  the  dis- 
missal of  the  summons  they  had  taken  out  on  behalf  of  and 
others  and  explaining  same  to  them 

Attending  the  ofticial  liquidator  in  long  conference  m  reference  to 
the  claim  of  and  advising  him  generally  as  to  the  further 

course  to  be  pursued,  engaged  above  an  hour         .         .         .         .     0  13     4 

Instructions  for  affidavit  of  the  official  liquidator  verifying  the  calcu- 
lations upon  which  he  based  the  claims  of  the  policy  holders 

Drawing  same,  folios  37 

Perusing  memorandum  of  the  otheial  liquidator  in  reference  to  the 
policy  holders'  claims,  excepting  those  who  had  not  paid  the  full 
amount  of  premium • 

Perusing  4  letters  written  by  Mr.  after  the  wmdmg-up  order 
was  made  to  policy  holders  advising  them  not  to  pay  the  amount 
claimed  by  the  official  liquidator 

Subsequently  writing  to  the  official  liquidator  with  our  views  thereon, 

and  as  to  the  claim  of  Llr.  for  payment  of  his  charges      .     0     3     G 

Writino-  to  Mr.  thereon  and  as  to  the  amount  of  fees  he 

claimed  as  consulting  actuary  of  the  company        .         .         .     _    . 

Attending  summons  issued  on  behalf  of  Mr.         _         and  consenting 

to  extension  of  time  for  him  to  bring  in  his  evidence     .         ..06 

Making  copy  first  account  of  receipts  and  payments  of  the  official 
liquidator  in  duplicate,  folios  130  each 

Paid  for  books 140 

Instructions  for  affidavit  of  official  liquidator,  verifying  same    .         .068 

I^rawing  same,  folios  6 

Engrossing  same 

Preparing  2  exhibits • 

Writing  to  Messrs.  &  Co.  in  reply  to  their  letter  and  in- 
forming them  we  could  not  consent  to  the  latter  part  of  their  sum- 
mons, otherwise  we  should  be  admitting  they  had  a  right  to  the 
order  of  the  character  they  asked  for 

Writing  to  the  official  liquidator  that  the  solicitors  for  had 
issued  a  summons  asking  that  the  list  of  contributors  might 
be  altered  by  limiting  their  clients  to  £  and  requesting  him 
to  inform  us  the  number  of  board  meetings  attended  by 
Writing  to  Messrs.  &  Co.,  solicitors,  in  reply  to  their  letter 
informing  them  directly  the  evidence  was  complete  we  would  then 
give  them  notice  of  appointment  to  settle  the  list  of  contributors  .036 
Sittings  fee 0  15     0 


0     6     8 


0  6     8 

1  17     0 


0  18 

0  6     8 

0  3     6 

0  3     6 

0  6     8 

4  6     8 


0  6  0 
0  2  0 
0     2     0 


0     3     6 


0     3     6 


nUaqi  Sitting.^,  167 


a  12  .  .  .  .060 
0  4  0 
0  5  0 
0     3     4 


Piild  for  office  copy  utlidavil  nf  , 

Perusing  same ^'*/% 

Paid  for  office  copy  alliduvil  Mf  ,  iuli.is  10         .         .         .         .     0     o     0 

Perusing  same ■  i"     *^ 

Attending  at  the  official  li(|uiclator's  office,  in  long  coulerence  with 
him,  going  through  his  affidavit  in  reference  to  the  claims  of  policy 
I  old'ers,  and  advising  him  as  to  those  claims,  which  were  less  than 

,  and  finally  settling  his  affidavit,  cngagcMl  above  an  hour     0  1 


0 

(j 

8 

0 

3 

G 

0 

2 

0 

0 

2 

0 

OFFICIAL    LIQUIHATt Ill's    COSTS,  8G'J 

£.     s.     d 
Perusing  list  of  those  policy  holders  who  were  iiiuler  age  at  the  time 
their  policies  were  effected,  to  advise  the  ollicial  liciuidator  as  tu 
the  advisa])ility  of  settling  them  oii  the  list  of  coiitrioutors    .         .     0     (5     8 
Perusing  letters  in  the  letter  book  of  the  company  affecting  the  retire- 
ments of  as  directors  of  the  company        .         .         .         .068 
Attending  summons  taken  out  on  behalf  of  for  further  time 
to  file  evithnice  in  opposition  to  be  placed  upon  the  list  of  con- 

IributorSj  when  order  made  for  10  days 0     C     8 

Attending   official  licjuidator  on  his  being  sworn  to   his   affidavit, 

verifying  his  account  of  receipts  and  payments  in  duplicate  . 
Paid  commissioner  taking  deponent's  oath  and  marking  exhibits 
Making   copy   of  this   aliidavit   to   be   marked   as   an   ollice  co])y, 
f(dios  6  ...........         . 

Paid  filing  affidavit 

Paid  office  copy 010 

Writing  to  Messrs.  in  reply  to  their  letter  and  informing 

them  as  they  diil  not  attend  to  the  summons  to-day  taken  out  by 
them  on  behalf  of  we  consented  only  to  their  having 

10  days .'        .         .     0     3     G 

Attending  Messrs.  ,  solicitors  for  on  their  calling 

in  reference  to  his  case,  replying  to  their  enquiries  and  going 
through  the  articles  of  association  with  them  and  writing  t(j  the 
official  liquidator  to  allow  them  the  bearers  full  inspection  of  the 

books,  engjiged  above  an  hour 0  13     4 

"Writing  to  Mr.  acknowledging  receipt  of  his  letter  of  the 

instant  and  informing  him  we  would  sutimit  it  to  the  official 

liquidator  for  his  direction 0     3     6 

Making  copy  of  letter  received  from  Mr.  for  the  official 

li([uidator  and  writing  him  with  same    .         .         .         .         .         .0-16 

Wiiting  to  Messrs.  in  reply  to  theii"  letter  of        insUmt  and 

stating  that  there  could  be  no  object  ion  on  our  part  to  the  extension 
of  time  named  in  their  summons,  but  without  prejudice  to  that 
part  of  it  in  reference  to  the  l)ooks  of  the  company         .         .         .030 
Writing  to  Messrs.  in  rejdy  to  their  further  letter  herein  and 

iid'ornung  them  that  there  was  no  reason  why  the  case  of  their 
client,  Mr.  ,  should  be  treated  in  any  mtinner  different  to  that 

of  the  directors  0     3     6 

Engrossing  aliidavit  of  the  official  li(|uiilator  as  to  policy  hobh'rs' 

claims,  folios  37 .0124 

Preparing  2  exhibits .020 

Attending  deponent  to  bo  swoin  to  same  .         .  .  .068 

Paid  commissioner  faking  deponent's  oath  and  marking  exhibits       .036 
Making  copy  of  affidavit  to  be  marked  as  an  office  copv     .         .         .0124 

Paid  filing  affidavit '      .         .         .020 

I'aid  for  office  copy    .         .         .         .         .         .  .  .062 

Attending  the  official  liquidator  and  conferring  with  him  as  to  the 

examination  of  and  advising  him  thereon         .         .         .068 

"Writing  to  tlie  official  liquidator  in  reference  to  the  facts  to  be  put 
in  evidence  as  to  ca.«.es  and  inclosing  him  office  copies 

affidavits  of  for  his  perusal 0     3     6 

Preparing  summons  for  leave  to  extend  time  to  give  notice  for  the 
cross  examination  of  and  attending  at  Chambers  to  get 

same  sealed 0     6     8 

Paid  stamping  same  .........  030 


£ 

s 

d. 

0 

2 

0 

0 

4 

6 

0 

6 

8 

1 

2 

0 

0 

3 

G 

870  APPENDIX    III. 


Making  copy  of  same  to  leave  at  Chambers 

Copy  and  service  of  same  on  solicitors  for  .... 

Attending  the  office  of  the  official  liquidator  and  in  L>ng  interview 
with  the  official  liquidator's  partner  upon  case,  going  through 

the  minute  book,  cash  book,  ledger,  and  proposal  to  ascertain  the 
exact  position  of  this  director  .         .  ....     0     6 

Instructions  for  atlidavit  of  official  liquidator  in  reply  to  the  one 
filed  on  behalf  of  showing  the  exact  state  of  members 

Drawing  same,  folios  22 

Writing  to  the  official  liqiiidator  therewith  and  for  his  approval 

AVriting  to  Messrs.  in  reply  to  theirs  of  the  instant 
and  informing  them  that  we  did  not  think  we  should  be  called  to 
treat  case  in  the  way  they  desired 0     3     6 

Having  recei\ed  letter  from  the  otticial  liquidator  on  the  sxibject  of 
Mr.  ,  making  copy  of  same  for  Mr.  ,  writing  him 
with  same  and  informing  him  if  he  desired  to  proceed  further  he 
must  proceed  by  affidavit 0     4     6 

Perusing  a  list  of  minors  and  others  in  order  to  advise  the  official 
liquidator  as  to  the  course  to  be  pursued  and  as  to  fixing  the 
parents  of  the  minor  with  the  liability 0     6     8 

Perusing  48  forms  of  proposals  by  minors  and  infant  members  in 

order  to  advise  the  official  liquidator  thereon  .         .         .         .0134 

"Wiiting  to  the  official  liquidator  informing  him  that  we  had  perused 
the  list  enclosed  in  his  of  to-day's  date,  together  with  the  forms  of 
l^roposals,  and  that  we  thought  in  those  cases  in  which  we  could 
fix  the  heads  of  families  with  knowledge  (personally)  of  insurance 
effected  by  junior  members  of  their  families,  the  names  of  the 
j^arents  .should  be  included  in  a  distinct  list  to  the  list  of  contribu- 
tors, and  also  writing  to  the  otticial  liquidator  acknowledging  receipt 
of  his  letter  in  reference  to  the  claim  and  account  rendered  l)y  Mr. 

to  Mr. 050 

Attending  at  the  office  of  the  official  liquidator,  finally  settling  with 
him  his  atlidavit  relating  to  case  and  conferring  with 
him  at  considerable  length  as  to  the  various  measures  connected 
witli  this  liquidation 068 

Having  received  letter  from  Messrs.  &  Co.,  solicitors  for 
Mr.  ,  in  re])ly  of  the  instant,  and  informing  them 
Ave  could  not  accept  their  statement  that  there  was  no  issue  upon 
the  facts,  and  that  our  instructions  lead  us  to  the  conclusion  that 
the  whole  of  the  facts  in  relation  to  tliis  case  were  iiot  ])ropcrly 
stated  before  the  Ccjurt. 0     3     (5 

Writing  to  Messrs.  in  re]ily,  special  letter  witli  reference 

to  the  delay  they  desired,  and  fully  explaining  to  them  tliat  we 
considereil  tliey  had  wo  ground  for  seeking  delay  .         ,         .         .050 

Attending  tlie  official  li([uidator  and  confeniiig  with  him  on  his 
certain  further  explanations  as  to  the  case  of  and  advising 
him  thereon 068 

Having   obtained    an    iqipnintniciil    befnic    the    eliii'f   clerk,    notice 

thereof  to  official  li(pii(lator,  coj)y  and  service  .         .         .         .040 

The  like  to  Messrs  solicitors  for  ....     0     2     6 

Engros.sing  atlidavit  of  official  li(|uidator,  folios  £2     .         .         .         .074 

I'rejiaring  4  exhibits 040 

I'aid  commissioner  taking  dejtonent's  oatli  and  marking  exhibits       .056 

Making  copy  of  this  affidavit  to  be  marked  as  an  office  co]iy      .         .074 


Ji. 

.«. 

''. 

0 

2 

0 

0 

:i 

H 

u 

5 

4 

OFFICIAL   liquidator's   COSTS.  871 


Paid  filin;,'  affulavit 

Paid  Tor  otlicr  ck]))'    .......... 

Paid  for  cnjty  o.\liibits  and  allidavit  of  ,  fulins  K!     . 

Writing  to  the  oflicial  liiiuidator  ri'(|UL'stiu^' him  to  furnish  ii.s  witli 
partirular.s  a.s  tu  the  uireiturship  and  inenibei-sliip  of  the  late 
Air.  0     3     G 

Writing  to  the  official  liquidator  requesting  him  to  send  particulars 
of  the  resignation  of  ,  the  minutes  accordingly,  and  con- 

firming same,  copies  of  letters  connected  therewith,  and  al<u  parti- 
culars of  the  application  for  policy,  and  premium  paid  .         .     0     o     C 

Writing  to  Messrs.  &  Co.,  solicitors  for  Mr.  ,  in  reply 

to  tluirs  of  instant,  and  informing  them  we  must  insi.st  on 

their  taking  out  a  summons  for  exteii-sion  of  time  for  their  client 
to  tik-  his  evidence  in  opposition  .         .         .         .         .         .         .     ()     ;>     G 

Prejiaring  sunmions  on  behalf  of  the  oHicial  liiiuidator  that  he  might 
have  until  the  instant,  in  which  to  lile  his  allidavit  or  affidavits 
in  answer  to  the  e\idence  tiled  on  behalf  <if  ,  and  attending 
at  chamViers  to  get  same  sealed (>     G     8 

Paid  stamping  .same 0     3    0 

Making  copy  to  leave  at  chambers o     2     o 

Copy  and  service  of  same  on  Mr.  ,  solicitor  for  .         .     0     4     G 

2  copies  and  services  for  !Mr.  and  Mr.  ,  solicitors    .         .     0     1)     0 

Paicl  for  oHice  copy  affidavit  of  ,  f<dios  10         .         .         .         .     (»     T)     0 

Perusing  same 034 

Attending  summons  for  further  time,  within  which  to  give  notice  to 

cross-examine  ,  when  order  made  as  asked  .         .         .         .     0     G     8 

Writing  to  the  official  liquiilator  with  notice  of  return  of  summons 

to  extend  the  time  of  hling  evidence  herein 0     2     G 

Writing  to  Messrs.  &  Co.,  giving  them  notice  of  our  intention 

to  cross-examine  their  client  on  hi.s  affidavit,  and  requesting  to 
know  whether  they  would  undertake  to  i)roduce  liim,  a.s  we  did 
not  wish  to  serve  him  personally  with  the  summons      .         .         .     0     3     G 

Attending  at  the  request  of  the  official  liquidator  at  his  office,  g"ing 
through  the  minute  book  and  other  books  aftecting  the  late  , 

and  in  reference  to  the  abandonment  of  the  salaries  of  tlie 
directors,  perusing  documents,  going  through  the  ijropo.sal  Ixn.k, 
in  oriler  to  answer  the  statements  in  affitiavit.*,  engaged 

a  very  long  time    .         .         .  .         ,         .         .         .         .110 

Attending  summons  issued  on  behalf  of  ,  that  his  name 

should  be  included  in  the  list  of  contributoi"S  in    respect  of  a 
member'.s  contribution    oidv,  when  same  adjourned  to  the 
instant  .         .         .         .        \         .         .         .         .         .         .         .     0     G     8 

Subsequently  attending  clerk  of  Messrs.  &  Co.,  and  giving 

him  information  in  rejily  to  his  emjuiiies  as  to  the  class  of  insur- 
ance, &c.,  efl'ected  by  ,  and  conferring  with  him  as  to 
amended  summons         .         .         .         .         .         .         .         .         .     0     G     8 

Attending  appointment  before  the  chief  clerk  upon  policy  holders' 
claims,  when  same  proceeded  with  and  adjouraed  to  the 
instant 0G8 

Writing  to  the  otlicial  liquidator  informing  him  the  result  of  the 
hearing  of  thi'  summons  issued  on  behalf  of  ,  and  also  the 

chief  clerk's  adjournment  as  to  the  policy  hoMers'  claims      .         .     0     3     G 

Attending  at  the  examiner's  office  for  and  obtaining  an  appointment 

for  the  ,  to  cross-examine  on  his  affidavit  0     6     8 


«72  APPENDIX   in. 


£     s. 


Drawing  and  fair  copy  statement  to  be  left  Avitli  tlie  cliief  clerk  for 

leave  to  examine  .         .         .         .         .         .         .         .         .068 

Drawing  and  fair  copy  notice  to  accompany 0    4     0 

Having  received  special  letter  from  Messrs.  &  Co.,  writing 

them  very  fully  in  reply  as  to  the  delay  they  were  creating,  and 
complaining  of  same  and  that  we  should  insist  on  their  summons 
being  dismissed  with  costs     .         .         .         .         .         .         .         .036 

Perusing  statement  from  the  official  liquidator  in  reference  to  the 
late  .     The  like  proposal.     The  like  case,  book  obtaining 

particulars  as  to  the  payment  of  premiums  in  respect  of  his  policy. 
The  proposal  book  and  the  like  minute  book  and  copy  minutes  as 
to  ,  his  co-directors  having  abandoned  their  salaries  up  to 

,  engaged  4  hours 168 

Attending  summons  for  leave  to  file  evidence  after  time  had  expired 
in  cases,  wlien  order  made  to  the        instant         .         .         .068 

Instructions  for  atfidavit  of  official  liquidator  in  answer  to 

aflfidavit 068 

Drawing  same,  f(dios  20     .         .         . 10     0 

Attending  summons  issued  by  Messrs.  before  the  chief  clerk, 

explaining  the  matter  in  the  absence  of  JMessrs.  ,  when  the 

chief  clerk  agreed  to  dismiss  the  summons    .         .         .         .         .068 

Subsequently  WTiting  to  the  official  liquidator  with  draft  of  his  affi- 
davit in  answer  to  affidavit  for  perusal  and  approval    .         .036 

Instructions  for  affidavit  of  official  liquidator  in  answer  to  affidavit 

filed  on  behalf  of 0     6     8 

Drawing  same,  folios  10 0  10     0 

\Vriting  to  Messrs.  &  Co.  very  fully  in  reply  to  their  letter, 

and  informing  them  the  reason  why  the  official  li(|uidator  declined 
their  summons  being  adjourned  to  the  Judge         .         .         .         .036 

Attending  svimmons  taken  out  on  behalf  of  for  further  time  to 
file  evidence  in  opposition  to  liis  being  placed  upon  the  list  of 
contributors,  when  order  made  for  14  days 0     6     8 

Instructions  for  aftidavit  of  official  liquidator  in  answer  to  the  affi- 
davit filed  on  behalf  of  ,  perusing  minutes  passed  by  the 
directors,  the  like  cash  book,  the  proposal  book  and  various  other 
documents  connected  Avith  this  case       .         .         .         .         .         .     0  13     4 

Drawing  same,  folios  20     .         .         .         .         .         .         .         .         .10     0 

Writing  to  Messrs.  for  an  appointment  to  inspect  the  exhibits 
referred  to  in  affidavit,  and  also  to  inspect  the  probate  of 
the  will  of  0     3     (1 

IJaving  received  from  tlie  ofiicial  liquidator  the  draft  of  his  affidavit 
in  answer  to  that  filed  on  bclialf  of  with  suggested  altera- 
tions, perusing  and  finally  settling  same 0     6     8 

Attending  the  official  liquidator  in  long  conference  upon  several 
matters  and  particularly  as  to  directors'  claims,  Avhen  he  requested 
us  to  write  our  o])inion  thereon     .         .         .         .         .         .         .068 

Writing  him  accordingly  fully  thereon  and  requesting  him  to  send 
us  list  to  jirepare  his  alfidiuit         ....... 

Kngro.ssing  affidavit  of  ofiicial  licpiidator,  folios  10   . 

I'riqiaring  4  exhibits  ......... 

Attending  deponent  to  he  sworn  to  same  ...... 

Paid  commissioner  taking  deponent's  oath  and  marking  exhibits 

Making  copy  of  this  affidavit  to  be  marked  as  an  ofiice  copy     . 

l':i id  filing  affidavit ,         .         .         .         . 


0 

3 

6 

0 

3 

4 

0 

4 

0 

0 

6 

8 

0 

5 

6 

0 

3 

4 

0 

2 

0 

OFI'IC'IAL    LIQIIDATOU'S    COSTS.  .S73 

£     >.     .'. 

Paid  for  oflirc  co]>v    .  0     18 

Notice  of  lilin,^'  same  and  copy  and  service  of  Kame  on  Measrs. 

cS:  ("o.     .       ' .         .         .010 

Attending  Messrs.  ,  solicitors  for  ,  signing  consent  to 

tlieir   having    14    days'   furtlier   time    to  bring  in  tlieir  client's 
evidence  .         .         .         .         .         .         .         .         .         .         .     0     H     R 

Writing  to  Messrs.  in  rejdy  to  theirs  of  yesterday's  date,  and 
informing  tliem  we  wished,  it  it  was  possible,  that  no  misunder- 
standing sliould  arise  upun  the  suV)jeet  of  evidence  to  1)6  relied 
iip<»n  by  the  li(iuidatiir,  and  that  we  distinctly  jiointed  out  in  our 
letter  tliat  the  liquidator  would  not  consent  to  be  bound  tn  rely  nu 
any  particular  book,  and  that  the  li(juidator  was  willing,  as  we 
had  before  intimated  to  them,  to  aflbrd  them  every  information 
desired 0     3     0 

Writing  to  Messrs.  requesting  to  know  if  they  were  willing 
to  agree  to  the  costs  for  their  dismissed  sumuKms,  or  should  we 
^iroceed  to  draw  up  the  order  and  get  the  costs  assessed  at 
chambers 030 

Writing  to  Messrs.  in  rejdy  to  their  letter  just  received  and 
informing  them  that  we  regretted  that  we  were  forced  to  conclude 
from  the  tone  of  their  communication,  that  they  felt  it  necessary 
to  put  a  construction  ufjon  our  correspondence,  which  was  never 
intended,  and  we  beg  therefore  to  repeat  that  the  otlicial  li([uida- 
tor  reserves  to  himself  liberty  of  action  as  regaixled  their  clients, 
and  refused  to  be  bound  down  or  confined  to  any  particular 
document 0     3     0 

Engrossing  affidavit  of  otlicial  liquidator  in  answer  to  affidavit  of 
,  folios  20 

Preparing  3  exhibits  ......... 

Attending  ilejionent  to  be  sworn  to  same 

Paid  commissioner  taking  deponent's  oath  and  marking  3  exhibits    . 

Making  co])V  of  this  atlidavit  to  be  marked  as  an  office  copj^  . 

Paid  filing  athdavit 

Paid  for  otiice  cojiy 

Notice  of  tiling  tliis  allidavit,  copy  and  service  of  same  m  Mr. 

Attending  the  otlicial  liquidators  clerk  on  his  calling  and  conferring 
a  long  time  with  reference  to  the  class  of  per.«;ons  he  desired  to  e.v- 
clude  from  the  list  of  contributors  on  the  grouinlof  minority,  and 
advising  him  thereon 0     <>     « 

Drawing  form  of  notice  of  appointment  before  the  examiner  to  cro.^- 

examine  ,  and  fair  cojiy 0     4     0 

Writing  to  Messrs.  witn  same,  and  as  they  had  undertaken  to 
jtroduce  their  client,  requesting  them  to  ht  us  know  whether  they 
would  also  undertake  to  jiroducv  all  Ictt^-rs  which  had  jia.ssed 
between  their  client  and  the  company  or  Mr.  ,  or  any  books  of 
account  showing  any  payments  made  by  their  client  to  the  com- 
pany      .         .         .         '. 0     3     0 

Attending  the  official  liquidator  in  very  long  conference,  and  espe- 
cially with  regard  to  tlie  evidence  to  be  adduced  on  a  final  settle- 
ment of  tlie  list  of  directors .110 

Writing  to  the  official  liciuidator  requesting  him  to  return  us  his 
draft  affidavit  in  answer  to  affidavit  of  approved,  and  also 
requesting  him  to  send  list  of  contributors  at  his  earliest  con- 
venience           0     3     0 


0 

0 

8 

0 

3 

0 

0 

0 

8 

0 

4 

6 

0 

(5 

8 

0 

2 

0 

0 

3 

4 

0 

4 

0 

874  APPENDIX   III. 

L     s      d 
Attending  appointment  before  the  chief  clerk  on  cliiim,  when 
same  adjourned   to   he   considered  with  other  chiims  of  policy- 
holders          .         .         .068 

Attending  adjourned  summons  taken  out  on  behalf  of  , 

when  same  proceeded  with  and  adjourned  to  the  Judge         .         .0134 
Writing  to  Messrs.  and  infurming  them  we  would  attend  this 

atljourned  summons  by  counsel 0     3     6 

Instructions  for  affidavit  of  official  liquidator  in  answer  to  affidavit 
filed  by  .......... 

Drawing  same,  folios  7 

Having  obtained  an  appointment  to  proceed  on  claims  on  the 

next,  notice  of  to  &  Co. ,  solicitors  for  ,  copy  and 

service 

The  like  to  Messrs.  ,  solicitors  for  .... 

Attending  the  official  lit|uidator  on  his  calling  with  draft  of  his  affi- 
vadit  in  answer  to  affidavit,  conferring  with  him  as  to  the 

alterations  suggested,  and  drawing  furtlier  clauses  in  same    . 
Paid  for  office  copy  affidavit  of  ,  folios  4         .         .         .         . 

Perusing  same  ........... 

Paid  for  office  copies  of  6  further  affidavits,  together  25    . 

Perusing  same 

Engrossing  official  liquidator's  affidavit,  folios  20       ...         . 

Preparing  6  exhiljits  ......... 

Attending  deponent  on  his  being  sworn  to  same        .         .         . 
Paid  commissioner  taking  deponent's  oath  and  marking  exhildts 
Making  copy  of  his  affidavit  to  be  marked  as  an  ottice  copy 
Paid  filing  this  affidavit      ......... 

Paid  for  office  copy 

Notice  of  filing  this  allidavit  and  copy  and  service  on  Messrs. 

&  Co.,  .solicitors  for  0     4     0 

Attending  the  office  at  Messrs.  &  C(x  inspecting  documents 

exliibitL'd  in      ^        affidavit  and  probate  of  will  of 
Drawing  supplemental  list  of  ccmtributors,  folios  340 
Making  fair  cojjy  of  same  to  be  sworn  to  and  left  at  chambers   . 
Instructions  for  affidavit  of  official  liquidator,  verifying  same     . 
Drawing  same,  folio  5         ........         • 

Engrossing  same 

Preparing  exhi];it        . 

Attending  the  official  li(pudator  at  his  rcipicst  witli  reference  to  his 
atiidavit  in  answer  to  allidavit,  conferring  with  him  thereon, 

perusing  minutes,  making  alterations  in  draft,  and  settling  same   .068 
Writing   to   the    official    liciuidator    requesting   him   to   inform   us 

whetlier  there  was  anything  due  to  for  commission,  &c.         .036 

Paid  for  draft  ceitificate  allowing  official  liquidator  first  account, 

folios? ^ 024 

Close  copy .         ..024 

Attending  Mr.  ,  a  conti'ibutory,  on  his  calling,  and  conferidng 

with  hini  as  to  tlie  ])osition  of  this  matter 0     6     8 

Attending  official  liquidator  on  his  swearing  to  his  affidavit  verifying. 
sn])])leinental  list  of  contributors     ...... 

Paid  cojnmissioner  takiiig  (U^ponent's  oath  and  marking  exhibit 

Making  copy  of  same  to  be  marked  as  an  office  copy 

Paid  filing  this  ailidavit      ........ 

Paid  for  office  copy     ......... 


0 

6 

8 

0 

7 

0 

0 

4 

0 

0 

2 

6 

0 

6-8 

0 

2 

0 

0 

1 

4 

0 

10 

6 

0 

8 

4 

0 

6 

8 

0 

6 

0 

0 

6 

8 

0 

7 

6 

0 

6 

8 

0 

2 

0 

0 

3 

4 

0 

6 

8 

17 

0 

0 

5 

13 

4 

0 

6 

8 

0 

5 

0 

0 

1 

8 

0 

1 

0 

0 

6 

8 

0 

2 

6 

0 

1 

8 

0 

2 

0 

0 

0 

10 

0 

■I 

G 

0 

1 

G 

2 

0 

0 

0 

13 

4 

0 

1 

0 

0 

3 

4 

0 

7 

4 

0 

(t 

8 

3 

5 

G 

0 

6 

8 

1 

G 

0 

OFFICIAL    LH^UIDATOH's    COSTS.  -^75 


^\''l•itin}^  to  Messi-s.  &  Co,  in  reply  to  theii-s  of  the  instant 

ami  informin<:j  them  that  we  had  no  authority  t<>  treat 
case  as  a  n-iufsmtative  ease  as  theie  were  nther  directors  ]ilaceil 
in  a  similar  ixisitinn  as  their  clit-nt  and  we  could  nut  take  upon  our- 
selves to  select  any  one  of  them  to  represent  all      .  .         .     0     3     G 

llaviiii,'  received  letter  from  Messrs.  ,  solicitors  lor  Mr. 

as  to  aj^'reein^'  to  the  date  of  resi^niatiou  of  directors  and  niakiii;^' 
copy  therecjf  and  writing'  to  the  ollicial  liquidator  with  same 
Writing  the  oliicial   li([uiiUitor  with  notice  of  the  appointment  to 
settle  list  of  Contributors,  Copy  and  service      ..... 

Drawing  brief  for  counsel  to  apjiear  and  oppose  an  order  being  made 
on  the  atljourned  summons  taken  out  on  behalf  of  the  , 
folios  40 

Making  fair  co])y  of  same  for  couiLsel 

Making  fair  copy  of  adjourned  summons  for  counsel 

Making  brief  co])y  atlidavit  of  for  counsel,  folios  10 

Making  brief  copy  of  atlidavit  of  official  liquidator  for  counsel,  folio  22 

Attending  counsel  with  same      ........ 

I'aid  fee  to  him  and  clerk  ........ 

Attending  Mr.  apjiointing  conference        ..... 

I'aid  conference  fee  to  nim  and  clerk  .         .         .         ... 

Writing  to  otHcial  liciuidator  in  reply  to  his  letter  and  sending  him 

office  copy  afttdavit  of  Mr.  as  recpiested  .         .         .         .     0     3     G 

Attending  Messrs.                     &  Co.,  solicitors  for  Mr.  ,  on 

their  calling  in  reference  to  the  dates  of  registration,  &c.,  and  we 
promised  to  communicate  to  them  by  letter  after  we  heard  from 
the  otUcial  licpiidator •         .     0     G     8 

Subsequently  on  receipt  of  letter  from  the  othcial  liipiidator,  writing  to 
Messrs.  &  Co.  that  their  client  tendered  his  resignation  on 

and  his  resignation  was  accepted  at  a  meeting  of  the  board  on  the     0     3     G 

Attending  the  official  liquidator  in  long  conference  in  reference  to 
the  atfidavits  tiled  on  behalf  of  and  conferring  and  advi-^ing 

with  him  thereon,  engaged  above  an  hour      .        .         .         .         .0134 

Notice  of  appointment  to  settle  list  of  contributors,  seven  copies  and 
services. 

Writing  to  the  official  liquidator  with  notice  of  this  appointment       . 

Instructions  for  alhdavit  of  ollicial  liipiidator  in  rei)ly  t<i  the  atH<lavit 
filed  on  behalf  of  .....•■ 

DraAnng  same,  folios  G 

Instructions  for  alhdavit  of  official  liqui<lalor  in  reply  to  tlie  affidavit 
tiled  on  behalf  of  ......••• 

Drawing  same,  folios  5       .         .         .         .         .         .         •         .         • 

Instructions  for  alhdavit  of  official  liciuidator  in  rej.ly  to  the  atlidavit 
filed  on  behalf  of  ......... 

Drawing  s;ime,  folios  5        .         .         .         .         .         .  .  • 

Instructions  for  a  Ih.  lav  it  of  official  liquidator  in  rejdy  to  the  affidavit 
hied  on  behalf  of  ......... 

Drawing  same,  folios  4       .         .         .         .         .         .         •         •         • 

Instructions  for  alhdavit  of  official  liquidator  in  reply  to  the  affidavit 
tiled  on  behalf  of  

Drawing  .same,  folios  .">        .  .         .         .         .         .         •         ■ 

Instructions  for  affidavit  of  official  li«piidator  in  reply  to  the  affidavit 
filed  on  behalf  of  ......••■ 

Drawing  same,  folios  5 


0 

i;) 

0 

0 

1 

G 

0 

G 

8 

u 

(■) 

0 

0 

G 

8 

0 

.') 

0 

0 

G 

8 

0 

5 

0 

0 

G 

8 

0 

4 

0 

0 

G 

8 

0 

r> 

0 

0 

G 

8 

0 

5 

0 

»/b'  APPENDIX    111. 


Instructions  for  affidavit  of  official  li(|uidator  in  reply  to  the  affidavit 

filed  on  behalf  of  0     6     8 

Drawing  same,  folios  10     .         .         .         .         .         .         .         .         .     0  10     0 

Attending  the  official  liquidator  in  long  interview  as  to  the  amount 

obtained  by  the  Company  from  this  company  .         .068 

Engrossing  affidavit  of  official  litpiidator  in  reply  to  the  affidavit  of 

,  folios  7 

Preparing  four  exhibits . 

Attending  deponent  to  be  sworn  to  same 

Paid  commissioner  taking  deponent's  oath  and  marking  exhibits 

Making  copy  affidavit  to  be  marked  as  an  office  copy 

Paid  filing  this  affidavit      ......... 

Paid  for  office  copy     .......... 

Engrossing  affidavit  of  official  liquidator  in  reply  to  affidavit  of  , 

folios  6  .  ...         

Preparing  exhibit       .......... 

Attending  deponent  to  be  sworn  to  same   ...... 

Paid  commissioner  taking  deponent's  oath  and  marking  exhibit 

Making  copy  affidavit  to  be  marked  as  an  office  copy 

Paid  tiling  this  affidavit      ......... 

Paid  for  office  copy     .......... 

Engrossing  affidavit  of  official  liquidator  in  reply  to  affidavit  of  , 

folios  5 

Preparing  exhibit      .......... 

Attending  deponent  to  be  sworn  to  same  ...... 

Paid  commissioner  taking  deponent's  oath  and  marking  exhibit 
Making  copy  affida%at  to  be  marked  as  an  office  copy 

Attending  filing  this  affidavit 

Paid  for  office  copy     .......... 

Engrossing  affidavit  of  official  liquidator  in  reply  to  affidaA'it  of         , 

folios  5   ...........         . 

Preparing  exhibit 

Attending  deponent  to  be  sworn  to  same    ...... 

Paid  commissioner  taking  deponent's  oath  and  marking  exhibit 
]\Iuking  copv  affidavit  to  be  marked  as  an  office  copy 

I'aid  filing  this  affidavit 0 

Paid  for  office  copy     ......... 

Engrossing  afhdavit  of  official  li(piiilator  in  rejjly  to  affidavit  of 

folios  4    .         .         

Attending  deponent  to  be  sworn  to  same 

Paid  commissioner  taking  deponent's  oath  .... 

Making  copy  affidavit  to  be  marked  as  an  office  copy 

Paid  filing  this  affidavit      ........ 

Paid  for  office  copy     ......... 

Engrossing  affidavit  of  official  liquidator  in  reply  to  affidavit  of 

folios  r)   ..........         . 

Preparing  exhibit       ......... 

Attending  dejMjnent  to  be  sworn  to  same    ..... 

Paid  commi.ssioner  taking  deponent's  oath  and  marking  exhibit 

Making  copy  affidavit  to  be  marked  as  an  office  copy 

Paid  filing  this  affidavit      ........ 

Paid  for  office  copy     ......... 

Engrossing  affidavit  of  official  lifjuidator  in  rejjly  to  affidavit  of  , 

folios  5    .         . 0     18 


0 

2 

4 

0 

4 

0 

0 

6 

8 

0 

5 

6 

0 

2 

4 

0 

2 

0 

0 

1 

2 

0 

2 

0 

0 

1 

0 

0 

6 

8 

0 

2 

6 

0 

2 

0 

0 

2 

0 

0 

1 

0 

0 

1 

8 

0 

1 

0 

0 

6 

8 

0 

2 

6 

0 

1 

8 

0 

2 

0 

0 

0 

10 

0 

1 

8 

0 

1 

0 

0 

6 

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0 

2 

6 

0 

1 

8 

0 

2 

0 

0 

0 

10 

0 

1 

4 

0 

6 

8 

0 

1 

6 

0 

1 

4 

0 

2 

0 

0 

0 

8 

0 

1 

8 

0 

1 

0 

0 

(5 

a 

0 

2 

6 

0 

1 

8 

0 

2 

0 

0 

0 

10 

OI'IKIAI.    LI\»ril»AT<tk's    COSTS.  '^^T? 


O      1      O 


Piipaiin^'  oxliibil 

AtteiKlin^' iK'i)i>iR-iit  to  Ix- .-<\v..ru  tn  saiiu- 0     C     K 

Paid  cdiumissiDiu-r  takin-,' (lepimcnt's  oath  and  niiirkinj,' exhibit         .     0     :i     (> 
Makinj,'  a)pv  of  atKdavit  to  be  marked  as  an  office  copy     .         .         .     U     1     8 

Paid  tiling'  thi.s  affidavit      .         .         • 020 

Paid  for  ollico  copy 0     0  10 

AVritin-,'  to  Messrs"  inforniin;j;  them  tliat  our  coun.sel  Mi^,'^,'ested 

that'thcir  client's  case  liad  better  be  adjourned  into  C-airt 

instciid  to  be  heard  in  chambers  and  rc(iucstin^'  to  know  whether 

tliey  would  consent  to  same 0     3     G 

Notice  to  Me.>:srs.  and  informing'  them  that  \w  had  t>>-day  fileil 

the  official  liquidator's  affidavits  in  reply  to  the  atlidavits  filed  by 

them  on  bi-half  of  ,  copy  and  service  of  same         .         .         .040 

Notice  of  filing  official  lii^uidator's  athdavit  in  reply  to  affidavit  of 

,and  copy  and  service  of  same  on  Messrs.  «&  Co.  his 

solicitors 0     '2     u 

Paid  for  office  copy  affidavit  of  ,  folios  3 0     1     •; 

Perusinf;  s;ime •.       ."         -010 

En<j;rossin},'  affidavit  of  official  liquidator  in  reply  to  athdavit  «jf 

folios  10 '.....     0     3     4 

Attending' deponent  to  be  sworn  to  same 0     (»     H 

Paid  commissioner  taking'  deponent's  fiath 0     1     (J 

Makiiu'  coi>v  affidavit  to  be  marked  as  an  olfice  co])y  .  .034 

Paid  tilin.L,'  this  affidavit 9?9 

Paid  for  office  copy 

Notice  of  hlin;,'  tliis  affida\it  and  copy  and  service  on  Messrs. 

&  Co.,  solicitors  for  • 

Writing  to  Messrs.  solicitors  for  ,  in  re])ly  to  theii-s  of 

yesterday's  date,  and  informing  them  that  we  shoulil  not  requii'e  a 

coi)y  of  their  client's  affidavit  as  we  take  an  office  copy  of  .>yime 

Writing  to  Messrs.  solicitors  for  ,  in  reply  to  their  letter 

of  yesterday's  date,  with  appointment  to  examine  directore'  minute 

book,  &c 0     3     0 

Perusing  statements  as  to  directors'  claims  received  from  the  official 
liquidator        .         .         .         •         •         •         •         •         •         •         • 

Attending  summons  Uiken  out  on  behalf  of  and  others,  which 

Me.-isrs.  had  again  got  re^^tored  to  the  chief  ckrk's  pajxr, 

when  the  chief  clerk  declined  to  make  any  oixler  as  to  the  books 
they  desired  us  to  produce,  and  chief  clerk  stated  that  the  ai)plicii- 

tioii  was  of  an  unusual  character 0     <!     S 

Writing  to  the  olhcial  liquidator  informing  him  the  result  of  the 
apjilication      ........... 

Drawing  notice  of  appointment  to  .settle  supplemental  list  of  contri- 
butors      _  •         •         •         •         ..010 

Attending  the  olliiial  li(piidatoi's  clerk   in   reference  to  the   appuiut- 
ment  iii)on  claims  fur  this  afternoon,  and  conferring  with  him  as  to 

the  course  to  be  i)ursued  .         . 0G8 

Examining  \ht  of  contributors  and  extracting  the  names  of  those 

contributors  out  of  the  jurisdiction  of  the  Court  .  .  .  .  0  G  8 
Preparing  summcms  on  beiialf  of  the  olhcial  liquidator  for  leave  to 
serve  all  notices  and  other  proceedings  not  requiring  pei-sonal  ser- 
vice upon  such  of  the  contributors  of  the  c<impany  whose  respec- 
tive known  addresses  were  out  of  the  juri.-^diction  of  the  Court  and 
on  whose  behalf  no  appearance  had  been  entered  might  be  effected 


G 
4 
0 
0     1     8 

0     4     0 

0     3     0 

0     3     (; 
0     0     8 


0     3     0 


878  APPENDIX  nr. 


by  putting  such  notices,  &c.,  -svitli  a  copy  of  the  order  to  be  made 
as  a  prepaid  letter  into  any  post-office  receiving  house,  and  attend- 
ing at  chambers  to  get  same  sealed 

Paid  stamping  same 

Making  copy  summons  to  leave  at  chambers 

Drawing  affidavit  of  in  support  of  summons  for  order  to  serve 

contrFbutors  in  the  supplemental  list  of  contributors  out  of  the 

jurisdiction  of  the  Court,  folios  25 

Engrossing  same         ........•• 

Attending  deponent  to  be  sworn  to  same 

Paid  commissioner  taking  deponent's  oath     ^ 

Making  copy  affidavit  to'be  marked  as  an  office  copy 

Paid  filing  this  affidavit 

Paid  for  office  co])y _    •         •         •         • 

Attending  the  official  li(|uidator,  conferring  with  him  as  to  the  claims 
of  I\Iessrs.  creditors,  and  advising  him  thereon,  when  he 

promised  to  prepare  statement  respecting  same       .         . 
Attending  summons  for  leave  to  serve  order  on  contributors  out  of 
the  jurisdiction  of  the  Court,  when  order  made     .... 
Preparing  order  accordingly,  attending  to  get  same  settled,  signed, 
and  entered,  and  afterwards  for  same  entered         .... 

Engrossing  order,  folios  4 

Paid  stamping  same 

Making  copy  order  of  the         inst.  for  the  printer      .... 

Kevising  and  correcting  proof 

Paid  j)rinter's  charges 

Having  received  letter  from  Messrs.  &  Co.  as  to_Mr.  claim 

and  niforming  them  that  there  could  be  no  objection  to  proceed 

sepai'ately  with  this  claim 

Attending  the  official  liquidator,  conferring  Avith  him  upon  the  sub- 
ject of  claim,  and  the  extent  to  which  he  was  prepared  to 

admit  same,  and  advising  him  thereon 0     G     8 

Wilting  to  the  official  liquidator  recjuesting  him  to  send  us  the  stock 
certificate  as  we  could  not  settle  the  chief  clerk's  certificate  of 
passing  his  first  account  without  it  being  produced         .         .         .036 
Attending  Court  on  adjourne<l  summons  for  being  called  on, 

when  same  was  ordered  to  stand  over  for  a  Aveek   .         .         .         .0100 
Attending  adjourned  ayipointment  to  proceed  upon  the  settlement  of 
the  (directors')  lists  of  contributors,  when,  after  considerable  dis- 
cussion, the  case  of  was  selected  and  adjourned  to  the 

judge •         •         •         • 

Writing  to  Messrs.  &  Co.  and  informinff  them  we  should 

instruct  counsel  to  appear  on  behalf  of  the  official  lit|uidator,  on 
',s  ease  being  heaid  before  tlie  judge  in  chambers 
Drawing  notice  of  ai)i)ointnient  to  settle  list  of  contributors,  folios  3 

Making  fair  copy  of  same  for  the  printer 

Kevising  and  correcting  pi'oof 

I'aid  printer's  chaiges         .  .  .  .         .  ... 

])rawing  further  bi'ief  for  counsel  in  case  willi  ii'ference  to 

tli(;  new  points  whicli  had  arisen  fi'om  the  rejiorts,  folios  8    .         .080 
Making  fair  cfipy  of  same,  fijlios  8  ;   list  of  directors,  folios  3  ;    am' 

exhibit  maiked,  folios  5  ;  togethei-  K!  f(.lios,  for  counsel 
Making  brief  c(»py  of  guarantee  to  accompany  same,  folios  25    . 
Attending  counsel  with  same 


0 

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tilTKIAL    MgLlDATOll's   COSTS.  .S79 


Paid  foe  to  him  ainl  clerk 1     3     (j 

Inst  met  inns  \\>v  \<v\ci  \\\h>xi  cross-exumiiiiitioii  of  ,  it  U-inj,' 

alli';,'itl  that  he  lu'vcr  was  a  director 2     2     u 

Drawing;  hiic-r  fur  counsel   to  attend  on  the  cross-ixaniinatiou  of 

,  folios  3S 

Makinji  fair  coj)y  of  same  for  coun>el         ...... 

Makiuf^  luief  co]>v  aflidavit  of  ,  folio.s  14,  for  counsel     , 

The  like  affidavit  of  official  lii[uidatoi-,  folio.s  2.'),  for  coun.sel 
The  like  depositions  of  ,  folios  13,  for  counsel 

Attendin;.,'  counsil  with  same 

I'aid  fee  to  him  and  clerk  .         ........ 

Wiitin;,'  to  the  official  li<|uidator  retjui-stin;,'  him  to   have  in  Court 

to-morro\v  tlie  minute  fiook  and  any  other  jjapers  which  related  to 
's  ca.'fe  .......,., 

Attending;  Court  all  day  on  's  adjourned  .summons  in 

paper,  but  not  reached   ......... 

Attending;  the  official  liquidator's  clerk,  conferrin;,'  witii    him    in 

reference  to  the  e.\aminati(m  of  to  take  jdace  this  day, 

and  advising'  him  as  to  tiie  lx>ok.^  to  he  produ(e<l  at  the  aj)point- 

ment 0G8 

Atteuiliu;.;  ajij^ointmeiit   before   the   examiner  of   ttie  Court,  when 

examination  of  was  proceeded  with  and  re-examination 

concluded,  enj^a^'ed  above  two  hours 110 

Attendin;^  at   the   examiner's  oflice  i)ayin^'  his  fees  and  requestin;^ 

dtjxisitions  to  be  filed 0     (>     8 

Paid  his  fee 10     0 

Filling  up  and  addrcssiiiL;  and  copy  and  service  of  notices  of 

appointment  to  settle  list  of  contribiitoi"s,  at  Is.  Gd.  each 
Paid  posta^'o  of  same  ......... 

Writin;,'  to  the  official  lit^uiilator  for  hi.s  sUitement  in  reference  to  the 

claims  undis])osed  of       .  .         .         .         .         .         .         .     0     3     (> 

Atteudiu}^  at  the  record  and  will  clerk's  othce  ami  bespeakiufj;  ofHce 

Copy  depositions  r>f  ,  and  afterwards  for  same     .         .     0     G     S 

llavin;^  obtained  an  aj)pointment  to  proceed  with  's  claim 

for  the  next,  notice  thereof  to  Mcssi-s. 

&  Co.,  his  .solicitors 0     2     «'. 

Attending,'  the  official  liijuitlator  to-day  in  verv  lon^' confeience  on  tin- 

i|Uestion  as  to  members  who  had  oidy  i»aid  instilment.^  jK'rusiii;^ 

]io]icies,  &c.,  and  advising  him  thereon,  engaged  a  long  time  .220 

Writing  to  Mr.  ,and  informing  him  we  had  sent  a  copy 

of  his  letter  to  the  official  liquidator,  and  regrette<l  he   h.icl  beeii 

trouble<l  in  the  matter 0     3     (i 

Drawing  ami  engrossing  affidavit  of  verifying  serving 

of  notices,  &<•.,  to  settle  list  of  contributors,  folios  30     . 

Preparing  3  exhibits 

Paiii  ccmimissioiier  taking  deponent'.s  oath  and  marking  exhibits 
Making  co])y  afliilavit  to  be  jnarked  a.s  an  ottice  copy 

Paitl  filing  tliis  afhdavit 

Paid  for  oflice  copy    ........ 

Paid  for  oftice  copy  depiisitions  of  ,  folios  l!> 

Paid  for  oftiie  copy  aflidavit  of  ,  folios  7 

Perusing  s;imc   ...........     0 

Drawing  brief  for  counsel  to  attend  liefore  the  judge  at  chaml»ei-s  to 

support  the  official  liquidator's  claim  ngaiust  ,  folios  24     14     0 


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2 

880  APPENDIX    III. 


Making  brief  copy  of  same,  folios  24  ;  affidiivit  of  ,  tiled 

,  folios  5  ;  affidavit  of  official  liquidator,  tiled  , 

folios  5  ;  and  copy  questions  submitted  to  counsel  on  case,  and 
copy  of  his  opinion,  folios  25  ;  together  59  folios  for  counsel  .     0  19     8 

Making  brief  copy  of  affidavit  of  othcial  liquidator  tiled  , 

folios  4  ;  and  exhibit.'^  A.,  folios  13  ;  together  17  folios  for  counsel 

Attending  counsel  with  same 

Paid  fee  to  him  and  clerk 

Attending  counsel  appointing  conference  ...... 

Paid  cojd'erence  fee  to  him  and  clerk         ...... 

Attending  appointment  before  the  chief  clerk  and  settling  his  draft 
certificate,  allowing  the  official  licpiidator's  first  account 

Transcribing  .same     .......... 

Attending  on  same  being  signed 

Paid  per  centage  on  same 

^Making  copy  of  this  certificate  to  be  marked  as  an  office  copy  . 

Paid  for  ottice  copy 

Attending  Court  all  day  adjourned  summons  in  paper, 
but  not  reached 0  10     0 

Attending  the  ofiicial  liquidator,  conferring  with  him  with  reference 
to  the  effect  of  the  draft  deed  indemnity,  which  recited  a  great 
many  facts  to  the  prejudice  of  ,  and  others  of  the 
directors,  and  advising  him  fully  thereon 0     G     8 

Writing  to  Messrs.  &  Co.,  solicitors  for  ,  in 

reply  to  their  letter,  and  re(piesting  them  to  piocce<l  with  their 
client's  case  noAV  that  his  examination  was  completed    .         .         .036 

"Writing  to  requesting  them  to  make  and  file  an  attidavit 

in  support  of  their  client's  claim  within  a  fortnight,  otherwise  the 
official  liquidator  would  admit  the  claim  for  £  only       .         .     0     3     G 

Attending  the  official  li([uidator  in  very  lf)ng  conference  upon  the 
question  raised  by  contributors  whose  ])remiuins  were  paid  by 
instalments,  and  as  to  letters  which  were  sent  by  Mi-.  , 
requesting  the  contributors  not  to  pay,  and  i'lilly  discussing  the 
(luestions  raised,  engaged  a  very  long  time 110 

Having  received  special  memorandum  from  the  official  liijuidator 

upon  the  subject  of  the  claims,  perusing  same         .         .         .         .     0     C     8 

Writing  to  Me.ssrs.                     &  Co.  infijrming  that  Mr.                     's 
claim  wouhl  b<;  admitted  with  the  exception  of  tiie  item  of  £ 
foi'  int(;rest,  which  should  be  £                  ,  and  rec^uesting  to  know 
whether  they  objected  to  same  0     3     6 

Writing  to  Mr.  ,  iiifonuiug  liim  Mr.  's  claim 
was  correct,  with  the  exception  of  the  item  for  interest,  which 
should  be  £  instead  of  £  0     3     6 

Attending  Mi-.  on  his  calling,  in  reference  to  tlie  de- 

ci.sion  of  the  case  of  ,  which  was  on  all  fours  with 

his  client  ,  and  <li.scussing  the  qtiestion  of  the  siiecial 

guarantee  with  liim,  engaged  a  very  long  time       .         .  .0131 

Having  obtained  an  a])|)ointment  to  jiroceed  with  the  ca.se  again.-^t 
,  notice  thereof  to  Messrs.  &  Co.,  copy  and 

Hcr\ico   .         .         .         .  •         •         •         .026 

The  like  notice  to  the  ofiicial  liciuidalor,  copy  .md  service  .         .016 

Attending  appointment  before  the  chief  clerk  to  settle  supplemental 
lint,  engagtil  tiom  ,  when  same  settled,  and  list  to  be 
jn'cpaicMl  of  ])ei'8ons  who  ha<l  jiaiii  since  the  notices  were  issued, 
and  adjourned  to  tin-  inst 110 


(iniCIAl,    l.li^l   ll>ATt>u'>    COSTS.  NSl 


M.ikiii}^  copy  of  list  acinriliii^ly  fnr  the  thief  tl«-rk,  f«.lio8  la  .041 

Wiiliiij^  to  the  utiicial   li<iiii«lat<>r  iiiformiiij^  that  tlic-  Bolicitors  f<.r 
Ml-.  aii>l  Ml.  consented  to  the  deUuctioiis 

lie  ii'"iuiiv(l  in  their  clieiil'd  claims 0     :•.     t; 

Writiii','  to  Messrs.  inforiuiii;,'  that  their  client  Mr. 

I  laim  hail  been  allowed  with  the  txccption  of  the  item  of  intere-t, 
.  which  had  hecu  allowed  at  £  instead  of  i)  .         .         .     0     .">     •• 

Attending'  the  ollicial  liiniidatui-  in  hm;,' conference  as  to  the  exclusion 
of  ])olic  v-lii'lders  wlio  had  only  jiaiil  a  imrtion  of  their  ]iremium«, 
an<l  advisin;^  him  fully  thereon  .      1      I      o 

Attendin;,'  the  ollicial  li<|nidator  i)rior  to  the  aii|Miinlnient  l)efore  the 
■Iud;,'e  to  j)ruceed  on  Mr.  's  c;ise   and  cnnferrin;,'  an<l 

advi-in;^  liini  thereon     .         .  .     O  1.1      1 

Attenclin;;  conference  with  ctninsel    .....     i)   l.'J      I 

Attendini,',at  (.'hamhei-s  before  the  Jud>;e,  when  he  unUied  that  tliis 
c.ise  .shi.uld  be  heard  in  Court,  havin^^  re^'ard  to  the  imjMirtancc  of 
the  (juestion  .         .         .         .         .  .     0  1:J     4 

-Makin;,'  cojn'  of  brief  and  evidence  for  Mr.  to  appear  in 

su])]>ort  of  the  ollicial  liquidator's  claim  a- linst  .         .     0  II*     8 

Makm;,'  brief  copy  of  allidavit  of  oHic  ial  liipiidator  fded  , 

folios  4  ;  and  e.vhibit  A.,  folios  i;3  ;  to;^ether,  17  folios,  for  coun.sel  .     0     5     S 
Making'  brief  copv  of  cases  sulmiitted  to  counsel,  and  his  o])inion.s  of 

.Sim" for  Mr.    "  ,  folios  130 1     \\     \ 

Attending,'  Mr.  with  .<^ime 0  13     4 

Paid  fee  to  him  and  clerk :»   10     U 

Attendin'i  Mr.  ,  ajipoiutin^;  consultation  .     0     G     8 

Paid  fee  to  him  and  clerk 2     9     U 

Attending,' Mr.  ,  appoiniin- consultation  .008 

Paid  fee  to  him  and  clerk .      1     3     ti 

Writin;.'  to  Mr.  in  rei)ly  to  his  letter  of  the  in>t., 
.md  informin;,'  him  if  he  filed  an  atlida\  it  .•-howinj,'  that  the  rate 
chaiiied  was  hi^^her  by  way  of  dama^'es  for  non-tonipletion  of  con- 
tract, his  claim  would  then  be  admitted 0     3     G 

Attentling  aj>pointment  belore  the   chief  clerk  to  pr.K-eed  with  Mr. 

's  claim,  reading,'  evidence  of  Mr.  ,  claimed  an 

annuity    in  r<'fi]>ect   of  a   life  appointment  under  the  articles  of 

afwociation  which  we  opiv)s<-d,  and  he  ijUoted  '.s  c;is<- 

in  suuixirt.  when   the  diief  clerk  .--tated  he  wa.s  in  favour  of  Mr. 


then,  but  he  directed  us  to  get  another  apixiintuient  if 

■      M.fMr. 


0 

c 

y 

0 

13 

4 

0 

G 

8 

we  could  produce  evidence  a.s  to  the  j)re.sent  sjilary  of  Mr.  .110 

Attending  the  ollicial   li<iuidator  sub.setjuently  as  to  the  mode  of 
obtaining  evidence  as  to  the  sjilary  of  Mr.  in  the  new 

company,  and  advising  him  thereon 

Attending  con.sultation  with  coun.s«.d 

Attending  instructing  shorthand  writer  to  lake  notes 

Writing  to  the  oUicial  licpiidator  for  the  copy  of  nn-moraudum  and 

articles  of  the  new  company 0     3     6 

Attending  Court  all  day,  when  the  (as«'S  ot  Mr.  and  Mr. 

were  reached,  wIhii  they  were  onlered  to  ]>ay  into 

Court  to  a  siK'cial  account  £  each,  to  Ik-  nppli«tl  accoixliug  to 

the  4th  clause  of  the  memonindunj  of  a.saociation,  not  »is  contribu- 

torie.s,   but  under  special   contract,  the  question   of  pet  ..ff  King 

reserved .     t     -1     d 

I'aid  shorthand  writei  taking  notes  i>f  tran.sciij  ; 


882  AITKNDIX    III. 

£      .?.      d 

Attending  l•e^i!^tl■a^  with  biief  and  papers,  and  l)espeakin_n  draft  order 

made  on  adjourned  summons  of  0     (5     8 

Writing  to  tlie  ofllcial  liquidator  as  to  tlie  course  to  be  pursued 
respecting-  Mr.  's  case  and  as  to  the  advisability  of  taking 

tdunsers  opinion  on  same      .         .         .         .         .         .         .         .     0     3     G 

"Writing  to  Messrs.  &  Co.,  the  solicitors  of  Mr.  , 

as  desired,  informing  them  the  result  of  the  decision  of  the  Judge 
in  's  case    .         .         .         .         .         .         .         .         .036 

The  like  letters  to  Messrs.  and  Messrs.  , 

solicitors  for  other  directors 0     7     0 

Attending  Mr.  ,  solicitor  for  Mr,  ,  again 

this  day  on  his  calling,  and  conferring  with  him  with  referenceto 
the  different  points  decided  Tiy  the  Judge,  and  giving  him  full  in- 
foimation  thei'eon,  when  he  requested  to  be  allowed  to  inspect  the 
shorthand  writer's  notes,  engaged  a  long  time         .         .         .         .     0     G     8 

Attending  tlu'  othcial  liquidator  in  long  conference,  and  conferring 
with  him  with  reference  to  the  decision  of  the  Judge  and  as  to  the 
communication  he  had  received  from  Messrs.  &  Co.,  also 
as  to  the  reply  U)  be  made  to  the  communication  with  them,  also 
as  to  IMr.  's  case,  and  result- of  his  examination,  and  ad- 
vising him  thereon         .         . 110 

Wiiting  to  Messrs  in  reply  to  theirs  of  the  inst.,  and 

informing  them  that  we  gave  them  the  information  contained  in 
ours  of  the  inst.,  to  enable  them  to  consider  whether  or  not 

they  would  contest  the  liability  of  their  client       .         .         .         .     0     3     G 

Writing  to  Messrs.  &  Co.  in  reply  to  theirs  of  the  _      inst., 

and  informing  them  no  order  had  been  made  against  their  client, 
Mr.  ,  but  we  should  a])])ly  I'or  an  order  against  him  in  accord- 

ance with  the  decision  of  the  Judge,  and,  if  they  thought  proper  to 
contest  it,  we  should  be  obliged  to  ask  for  costs  against  him  .         .     0     3     G 

Attending  the  official  licpiidator,  conferring  with  him  with  reference 
to  the  further  letter  he  had  received  from  Messrs.  &  Co., 

and  advising  him  as  to  the  re|dy  which  should  be  given  them,  and 
arianging  for  him  to  send  us  letter  for  approval    .         .         .         .     0     (!     8 

On  i('ceii)t  of  proposed  letter  to  be  written  by  the  official  liquidator 
to  Messi's.  <fc  Co.,  ])erusing  same,  and  writing  him 
thereon 0     5     0 

Attending  a])j)ointnieiit  liel'orc  tin;  cliief  cli-rk  on  's  case, 

when,  after  stating  of  the  Judge's  decision  in  cases, 

and  i-eading  the  shorthand  notes  of  the  proceedings,  the  cliief 
cleik  re(iuested  us  to  obtain  another  appointment,  and  to  ])roceed 
iqion  the  (piestion  as  to  whether  Mr.  •  w^as  a  dii'ector  .     0     G     8 

Sul)se([uently  attending  Messrs.  &  Co.  thereon,  and 

airangiiig  the  bases  u])on  whicli  we  would  now  treat  the  matteis, 
and  making  an  ajipointmeiit  for  them  to  inspect  the  shoi'thaiid 
writei-'s  notes  of  the  jtrocecilings  before  the  Judge,  and  his  decision     0     G     8 

Having  obtained  a  further  a])pointment  to  jn-oceed  on  Mr.  's 

case  on  the  inst.,  notice,  co])y  and  .service  thereof  on  Messis. 

.^  Cn.       .  .  .  \  .  .  .  .  .  .      0     2      G 

Tiie  like  on  the  official    liijiiidalor,  mid    re(|U('sting   him    to  have  llie 

minute  book  and  tlie  oii^inal  ]>ro])osal  foi- mcmljeisliii)  .         .     0     1      (J 

hiubscqueiitly  attending  the  official  li(|uidator  on  his  calling,  con- 
ferringand  caiefully  considering  witli  liim  his])osition  in  i-eference 
lo  the  policy-hohlers  wlio  had  not  made  any  claim,  long  engaged  .     0     G     8 


c 

./. 

i) 

(i 

0 

8 

iilt.xs  tlipy 

ajipuint- 

0 

r> 

IV. 1  ins  5  . 

0 

8 

&Co.    . 

0 

0 

folios  T)   . 

0 

8 

&Co.     . 

0 

(J 

oiTici.vr.  i.i«,»ni)AT<>it's  cdSTs.  883 


Paid  for  ,A]W  c..|,y  ;illi.lavil  of  ,  f.,Ii,,>  :, 

Peni.sin<^'  saiiu-    ........ 

Wi'itiiij^'  to  Mrssis.  i^:  Cti.,  ^iviii;^'  tlicm  noti(. 

proved  their  claim  by  an  atlidavit,  we  should  at  the  iie.xt  ajipoint- 
mcnt  ask  the  chief  clerk  to  disallow  the  claim 

Clo.sc  copy  draft  order  of        iust.,  in  'a  ( 

Notice  to  settle  same,  co]iy  and  service,  on  Me.ssrs. 

Close  copy  draft  order  of         iiist.,  in  's  c 

Notice  to  settle  same,  copy  and  service  on  ^fcssrs. 

Writing  to  the  ofHcial  litaiidator  in  reference  to  his  claim  against  the 
policy-holders,   and    tlie    nsult   of  our   interview   with    Messrs. 

,  solicitors,  thereon        .         .         .         .         .         .         .     0     3     'j 

Attending  Mrssrs.  &  Co.,  .solicitors  for  ,  on 

their  calling,  and  conferring  with  them  in  reference  to  the  de- 
cision of  the  Judge,  and  also  on  the  course  they  intended  to  take, 
and  ]iartieidaily  as  to  the  <iUestion  of  set-off  .         .         .         .         .008 

Attending  Messrs.  it  Co.,  solicitors  for  ,  in  very  long 

inteiview  as  to  the  means  of  their  client,  and  in  reference  to  the 
decision  of  the  Judge,  and  they  stateil  their  (lient  would  not  he 
alile  to  pay  the  full  amount  of  his  liability  of  £  .         .         .0Gb 

Wiiting  to  the  official  li([uidator  informing  him  of  (jur  interview 
with  Me.^srs.  ,  and  requesting  to  know  whether  he  had  any 

knowledge  of  means,  as  the  .statements  made  to  us  were  m<i.''t 

unsjitisfactory         .         .         .         .         .         .         .         .         .         .     0     3     (j 

Writing  to  the  official   liipiidator  for  jiarticulars  oftho.se  cases  of 

directors  in  which  the  member's  sub.scription  had  been  paid  .030 

Attending  Messrs.  ,  solicitoi-s  for  ,  again  to-day  on  their 

calling  in  reference  to  the  decision  of  the  Judge,  and  jtointingout 
to  them  ceitain  points  which  were  taken,  discussing  .same,  and 
lending  them  shorthand  writei's  notes,  engaged  a  very  long  tim»-      0  13     4 

AVriting  to  Mr.  ,  solicitor  for  ,  in  reply  to  his  impiiry, 

and  informing  him  we  should  be  happy  to  produce  to  him  the 
.shorthand  writer's  notes  of  the  Judge's  decision  on  the 
instant  at  any  time  he  might  c;dl  .         .         .         .         .         .         .030 

Wiiting  to  Messrs.  &  Co.^ fully,  in  reply  to  their  letter  re- 
ct'ived  frtmi  them  as  to  the  cour.se  jnirsued  by  them  on  the  settle- 
ment of  the  list  of  contributories 0     3     0 

Attending  the  official  licpiidator's  clerk  in  reference  to  the  piyments 
made  by  the  directors,  and  obtiiining  information  thereon     . 

Paid  for  office  copy  affidavit,  folios  9 

Perusing  .same 

Attending  ai)poinlment  to  .settle  minutes  of  ordei-  of  instant  in 

case,  when  s;ime  proceeded  with,  Init  as  the  ri'gistrar  c<nild 
not  agree  with  us  he  desired  to  inspei  t  the  shorthand  writer's 
notes,  same  adjourned .         .008 

The  like  attendance  as  to  .settling  minutes  of  order  of  instant 

in  ca.«e 0    0     8 

Attending  appointment  before  the  chief  clerk,  going  very  fully  into 
the  facts  of  the  case  against  in  reference  to  the  (lue.stion  as 

to  whether  he  had  accei»tetl  office,  and  arguing  that  the  contract  to 
become  a  director  was  complete,  but  the  chief  clerk  cli.s.sented,  and 
thought  had  not  contracted  with  comix-tent  parties     .         .110 

Writing  to  the  official  liijuidator  inf"iiiiing  him  of  the  re!<ult  of  the 

chief  clerk's  deci«i'«n  thi^  dav  .         .  ...     0     3     0 

o  I    2 


0 

0 

s 

0 

4 

0 

0 

3 

0 

884  Ai'rKXi>ix   ii[. 


Prepariu,^  sumniuiis  ou  bL-lialC  ul'  the  otlicial  lic^uidattir  lor 

U)  show  cause  why  he  should  not  be  ordered  to  pay  into  Court 

£  ,  and  attending  at  Chambers  to  get  same  sealed         .         .     0  13     4 

Paid  stamping  same 030 

Making  copy  of  summons  to  leave  at  Chambers         .         .         .         .020 

Copy  and  service  of  same  on  &  Co 0     4     6 

Drawing  list    of  policy-holders  whose   notices  had  been  returned 

through  the  De<id  Letter  Office,  folios  30 1   10     0 

Making  fair  copy  of  same .         .0100 

AVriting  to  the  official  liquidator  wi^^h  shorthand  writer's  notes  of 
the  Judge's  decision  in  cases,  and  also  giving  him  notice  of 

the  return  of  summons  f(ir  to  pay  £  .         .         .         .036 

Writing  to  the  official  licpiidator  with  office  copy  affidavit  of 

for  his  perusal        .         .         .         .         .         .         .         .         .         .036 

Attending  appi)intment  before  the  chief  clerk  to  settle  the  supple- 
mental list  of  contributoiies,  and  submitting  to  him  the  lists  of 
persons  who  had  paid  since  the  notices  were  issued,  and  those  whose 
notices  were  I'eturned  from  the  Dead  Letter  Office         .         .         .     0  13     4 

Attending  appointment  before  the  chief  clerk  on  summons  for 
to  show  cause  "vvhy  he  should  not  pay  £             into  Court,  and  on 
the  chief  clerk  declining  to  make  an  order  same  was  adjourned  to 
the  Judge 0  13     4 

Wiiting  to  the  otlicial  liipiidator  informing  the  result  of  our  appli- 
cation to-day  against  ,  and  that  the  supplemental  list  of 
cont!-ibutories  had  been  settled  to-day,  excluding  the  persons  who 
had  paid  only,  and  also  those  Avhose  notices  wei'e  returned  from 
the  Dead  Letter  Office,  and  also  informing  him  that  we  had 
obtained  an  appointment  to  proceed  on  case  on  next  .036 

Notice  of  a]>pointinfnt  to  ])roceed  on  case,  and  copy  and 

service  of  .same  on  Messi's.  &  Co.,  his  solicitors         .         .026 

Attending  appointment  before  the  registrar  and  settling  draft  order 

of  instant  in  case         .         .         .         .         .         .         .0134 

Attending  appointment  before  the  I'egistrar  and  settling  di'aft  order 

of  instant  in  case         .         .         .         .         .         .         .0134 

"Writing  to  the  official  liquidator,  and  informing  him  that  the  orders 
against  and  had  been  settled  today,  and  also  writing 
him  fully  in  reply  to  his  letter  as  to  the  sui^plemental  list,  exclud- 
ing those  ]tei'soii«  whose  notices  were  i-eturned  tlii-ough  the  Dead 
Letter  Office. •.      .  •         -036 

Diawing  brief  loi'  counsel  to  attend  in  supjmit  of  oliicial  li([uidator's 
adjourned  summons  against  ,  folios  9         .... 

Makin;^'  fail- copy  of  same  foi' connsel 

Making  brief  cojiy  of  depositions  ol'  lor  counsel, 
foli.is  1!)  .      ^ 

Making  copy  of  adjourned  summons  to  accompany  same  . 

Attending  counsel  with  same     ........ 

I'aid  fee  to  him  and  elerk  ........ 

Attending  him  aj)pointing  conference         ...... 

Paid  fee  to  him  and  clerk  ........ 

Attending  conference 

Wiiting  to  the  official  li(juidatoi-  it^questing  him  to  produce  the 
minute  lx)oks,  &c.,  at  the  aj)pointment  before  the  Judge  this  after- 
noon     ............ 

Attending  Messrs.  ,  solicitors  for  cont'enin''  with 


0 

9 

0 

0 

3 

0 

0 

6 

4 

0 

1 

0 

0 

6 

8 

2 

4 

6 

0 

6 

8 

1 

6 

0 

0 

13 

4 

0     2     6 


OFFICiAI.   LIQUIDATOll's   COSTS.  S85 


llii-iu  ami  ])iiKlaLin;4  tn  tin  in  tin-  ili  il't  uidcis  nlitaiiicd  in 

and  Ciise3 0     (»     8 

AtU'inliii^,'  IkI'iiiv  the  .Tinl«,'e  in  Clmniber.^  upon  tlic  adjourned  buni- 
inons  adlin^'  ujion  Mr.  to  pay  the  £  into  Court,  when 

order  made  tor  him  to  pay  the  amount,  ofrnial  lifiuidator'.s costs,  to 
he  paid  out  ot"  the  assets  of  t lie  company        .  .  .  .  .      0    13      t 

Suhse<|uentlv  writing' to  the  otlicial  liiiuidatoi-,and  int'oiinin^^  him  the 
Jud^'e  liail  decided  that  Mr.  had  a;^reed  to  he  a  director,  and 

he  was  ordered  to  ])ay  the  jC  .         .         .         .         •         .030 

Having'  received  notice  of  the  filing,'  of  further  affidavit  of  , 

writinj^  to  oHicial  liiiuidator  in  reference  thereto,  and  retpiestin^' to 
know  whether  he  could  furnish  us  with  the  information  re<piire<l 
in  this  CJise ■  •         .030 

Attending'  the  official  liquidator  in  reference  to  the  evidence  to  be 
adduced  a;,'ainst  tlie  claim  of  ,  and  conferrin<;  with  him 

thereon,  and  as  to  the  production  of  the  articles  of  association 
of  the  Company,  and  advising'  him  theieon,  and  also  advis- 

ing' him  as  to  takin<,'  out  a  summons  a^'ainstall  the  directors  of  the 
coTnpany  (excei)tin;.,'  )  to  show  cause  why  they  should  not 

e^ch  pay  £         into  Court,  engaged  a  very  lou^'  tinit-     .         .         .10     0 

Correcting  pi-oof  of  order  (tf  iusUmt  made  against 

folios  5  ......••■••         ' 

Paid  for  order  .         .         . 

Notice  to  pass  same,  copy  and  service.         .         .         .         . 

Correcting  proof  of  order  of  instant,  made  a;,'ainst 

folios  5  .....••••         •■ 

Paid  for  onler  .         .         . 

Notice  to  pass  siime,  copy  and  service        .         .         •         . 

Paid  for  office  copy  of  further  affidavit  of  ,  folios  4 

Perusing  same  .         .         .         .  .         .         .  •         •         •         • 

Prei>aring  summons  for  all  the  directors  of  the  company  (exceptin- 
)  to  show  cause  why  each  of  them  shoulu  not  pay  £ 
into  Court,  and  attending  at'Chaml.eis  to  get  same  sealed     . 

Paid  stamping  Siime 

Making  copy  summons  to  le^ive  at  Chambei-s     .         . 

Making  7  copies  of  this  summons  for  service,  folios  7  each 

Service  of  same         .         .  .         .         .         •         •  •         • 

"Writing  to  the  official  licjuidator  in  rejdy  to  his  of  the  instant, 
and  Ciforming  him  we  did  not  at  present  admit  the  decision  of  tin- 
chief  clerk  that  Mr.  had  been  deprived  of  a  life  ap]H.int- 
ment ^     ^     ^' 

Writing  to  the  official  li.piiilator  n(iuesting  him  to  obtain  lor  us  a 
copy  "of  the  artich's  of  association  of  the  Company,  and 
also  infoiining  him  the  day  and  time  the  summons  for  the  directors 
to  show  cause  why  fhev  shouM  not  jtav  into  Court  £  was 
returnable      .       "  .       " 0     3     0 

April. 

Attending  the  official  litjuidator  in  very  long  coufei-eiice  as  to  the 
appointment  this  day  before  the  chief  clerk  on  Mr.  's  claim, 
and  obtaining  from  him  information  as  to  certain  portions  and  his 
present  sjilary,  and  it  was  ultimately  arranged  we  should  have 
s;\me  adjourned  to  the  Judge 0   13     4 


0 

0 

10 

0 

5 

0 

0 

4 

0 

0 

0 

10 

0 

.') 

0 

0 

4 

0 

0 

2 

0 

u 

1 

1 
1 

4 

0 

3 

0 

0 

2 

0 

0 

10 

4 

0 

17 

(> 

0     3 

6 

0     3 

0 

12  10 

0 

4     3 

4 

886  APPENDIX   III. 


Attending  Messrs.  ,  solicitors  for  ,  on  their  calling'  and 

stating  that,  having  regardto  the  decision  of  the  Judge,  their  client 
would  not  oppose  order  being  made  against  him,  and  conferring 
with  them  generally  as  to  the  course  the  liquidator  would  adopt  .068 

Attending  appointment  before  the  chief  clerk  on  claim  for  loss 

of  office  as  managing  director  for  £  ,  when  we  opposed  same, 

and  the  chief  clerk  adjourned  it  to  the  Judge       .         .         .         .068 

Writing  to  the  official  liquidator  and  informing  him  the  result  of 
Mr.  's  application,  and  that  the  chief  clerk  had  decided  it 
was  not  at  all  clear  that  he  was  entitled  to  prove  as  for  a  life  ap- 
]ioiutnient,  same  adjourned  to  the  Judge 0     3     6 

Writing  to  the  official  liquidator  requesting  him  to  make  application 
to  the  directors  for  payment  of  their  contributions  of  each, 

and  for  copy  of  the  resolution  increasing  Mr.         's  salary  to  £ 

Close  copy  of  draft  certificate  of  chief  clerk  settling  supplemental 
list  of  contributories,  folios  9 

Preparing  list  of  contributories  to  be  appended  to  the  chief  clerk's 
certificate,  Iblios  250 

[Making  fair  copy  of  same  for  the  chief  cleik 

DraAving  brief  for  counsel  to  appear  on  behalf  of  the  official  liqui- 
dator on  the  adjonrned  application  of  ,  folios  20         .         .10     0 

Making  copy  of  same,  folios  20,  affidavit  of  filed  ,  folios 

16,  ditto,  filed  ,  folios  8,  affidavit  of  official  liquidator  filed 

,  folios  24,  ditto,  filed  ,  folios  10,  and  affidavit  of 

tiled  ,  folios  4  ;  together  82  folios,  foi'  counsel 

Attending  coimsel  with  same 

Paid  fee  to  him  and  clerk 

Attending  coimsel  appointing  conference 

Paid  fee  to  him  and  clerk  ........ 

Attending  conference         ......... 

Attending  at  Chambers  marking  case  to  be  heard  by  counsel  . 

Writing  to  Messrs.  Avith  further  appointment  to  pa.*s  order 
of  ultimo  made  against  

The  like  to  Messrs.  to  pass  order  of  the  iiltimo,  made 

against  .......... 

Attending  the  oliiciul  liqnidatdr  in  very  long  conference  on  the  re- 
sult of  the  chief  clerk's  decision  as  to  Mr.  's  claim,  and 
fui'thei'  ])articulars  as  to  the  salary  he  was  earning,  and  conferring 
at  length  as  to  the  course  to  be  taken  to  obtain  contributions  from 
meuibeis  of  the  com})any 0  13     4 

Kngagt'd  above  two  hours  this  morning  with  the  official  liquidator 
;.,'oing  thiough  the  list  of  cjaims  of  the  various  creditors  of  the 
company,  including  those  of  the  directors'  claims,  and  generally 
analysing  same  for  the^purpose  of  tlie  summons  for  a  call  on  the 
dii-cctors         .  .,v 0  13     4 

Instructions  fur  affidavit  of  otiicial  litpiidat or,  stating  in  detail  the 
vaiious  classes  of  creditors  and  the  progress  of  the  adjudication  on 
claims,  &c.,  in  sujjport  of  the  summons  against  the  directors 

iJrawing  same,  folios  10     . 

Engrossing  same        .......... 

Attending  the  official  li(piidatoi-  mi  his  being  sworn  to  his  alUdavit  . 

I'aid  commissionci'  taking  deponent's  oath         ..... 

.Makin<f  copy  affidavit  to  be  mai'ked  as  an  office  copy 
'  I'.iiil  filin-  a"lli(|,i\il 


1 

7 

4 

0 

6 

8 

2 

4 

6 

0 

6 

8 

1 

6 

0 

0 

13 

4 

0 

6 

8 

0 

2 

6 

0 

2 

6 

0 

(5 

8 

0 

10 

0 

0 

3 

4 

0 

6 

8 

0 

1 

6 

0 

3 

4 

0 

2 

0 

OFFICIAL   I.IQUll»AT01l's   COSTS.  887 

£     ».     <i. 

Paid  f(.r..flui-ini,y 0     18 

St'Veii  copies  and  services,  lii>t -1.S-.  iiiid  tile  olliiTs  2/f.  <)(/.  tiidi    .         .     0  11)     0 
"Writing,'  to  the  ntticial  li»juidatnr  inl'nniiiiin;  him  as  to  the  inroiiuati-iii 

wo  had  iiceivi'd  as  to  means  of  iiayiii;^  the  £  .036 

Writing,'  to  Messrs.  ,  solicitors  lor  ,  in  reply  to  tlieir  letter, 

and  informing'  them  that  we  had  communicated  to  them  the  de- 
cision of  the  Jud^'e  in  cases,  and  that  we  could  not  include 
their  client  (or  at  least  the  directors  upon  the  list)  in  re8])ect  of 
the  £             without  ap]ilyin^  for  an  order  to  do  so,  and  whidi  we 

had  d<ine  l>y  our  siininions .036 

Attending  ,  solicitor  for  ,  on  his  calling'  with  reference  to 

the  decision  of  the  Jiid<,'e  in  case,  and  conferrin;^'  with  him 

as  to  the  ]>oints  wliich  he  thought  would  jiot  alfect  his  client,  and 
;^ivin;4  him  full  information  thereon       .  .         .         .         .         .068 

Attending  Messi-s.  on  their  callin;^  in  reference  to  the  decision 

of  the  JudL,'e,  and  conferiin<,'  with  them  theicon    .         .         .         .068 

Attendin;^'  lu-fore  the  re<^dstiar,  ami  jvissin^'  older  made  on  the 

ultimo  against  .         .         .         .         .         .         .         .         .     0  13     4 

Attendin;^'  the  re^dstrar  with  brief  and  papers,  and  bcspeakin;,'  draft 

order  made  a.u'iiinst  on  the  lUtimo         .         .         .         .068 

Drawing  and  engrossing  aftidavit  of  verifyin;.,'  «  ojiii-s  of  service 

of  summons  herein,  folios  10 0  10     0 

Preparing  exhibit .         .         .010 

Paid  Commissioner  taking  deiHinent's  oatii  and  marking  exhiliit         .026 
Making  copv  of  athdavit  to  be  marked  as  an  otiice  co]iv    .         .         .034 

Paid  filing  alHdavit '.         .         .020 

Paid  for  ottice  cojiy    .         .         .         . 018 

Attending  the  otHcial  liquidator  ret[Uesting  him  to  produce  the 
minute  books  at  the  a]i])ointment  to-day,  conferring  with  him 
generally,  and  receiving  information  as  to  the  manner  in  which 
money  was  advanced  to  the  company,  and  conferring  and  advi.-ing 
him  at  very  great  length  thereon,  engaged  above  an  hour  .  .  0  10  0 
Attendin'4  a])i)ointing  conft-renep  with  counsel  .         .         .         .         .068 

Paid  fee  to  him  and  clerk 16     0 

Attending  inference  with  counsel  on  Mr.  's  claim         .         .     0  13     4 

Atfendin;^  Messrs.  &  Co.,  ^Ir.  ,  solicitors,  in  reference 

to  this  case,  when  they  stated  they  would  not  attend  by  counsel    .068 
Atteniling  summons  before  the  chief  clerk,  when  thecasesof  , 

and  those  of  Messr.s.  dv  Co.'s  clients  were  gone  into,  when 

tile  chief  clerk  made  an  order,  on  the  terms  of  the  onlers,  against 
and  ,  and  at  Mes.-rs.  &  Co.'s  re<jUest  lie  granted 

their  clients  time  to  answer  the  ollicial  litjuidator's  affidavit,  to 
Avhich  we  objected,  when  he  adjourned  the  summons  to  the  .ludgc     0  13     4 
Attending  the  adjounuMl  summons  of  before  the  Judge,  when 

cLum  of  £  was  disillowed,  but  by  conwnt  he  wa.s  allowed  to 

prove  for  three  months'  .salary  in  lieu  of  notice,  the  official  liqui- 
dator to  have  his  costs  out  of  the  esti\te  .         .         .         .         .         .     0  13     4 

Writing  to  the  official  li(|uidator  informing  him  of  the  ivsult  of  thi> 

application     .  .         .         .         .         .        •         .         .036 

Attending  Messrs.  &  Co.,  solicitors  for  ,  on  their 

calling,  and  conferring  with  them  as  to  tin-  coui-sc  they  intended 
to  pursue  herein     .         .         .         .         .         .         .         .         .         .068 

Writing  to   the  official  liquidator,   repoiting   to  him   the   roBull  of 

our  interview  with  Messi<.  to-dav  .         .  .         .036 


."SNiS  A1'J'ENI>JX    III. 


i:     s.     d. 


Writing  to  Mr.  ,  iul'urmiug  liini,  lia\  iiig  regard  to  what  jxassed 
before  the  chief  clerk,  we  should  be  obliged  by  liis  giving  us  an 
early  intimation  as  to  whether  he  desirecl  his  client's  case  to  be 
taken  before  the  Judge .036 

Attending  the  official  liquidator,  on  his  calling,  with  reference  to  the 

paj-nients  by  the  directors,  and  conferring  with  him  thereon  .068 

On  receipt  of  letter  from  Messrs.  &  Co.  in  reference  to  the 
inability  of  their  client  to  pay  his  liability,  writing  them  in  reply 
for  a  distinct  proposal    .         .         . 036 

Making  copy  of  letter  received  Messrs.  &  Co.,  and  writing 

to  the  otiicial  liquidator  witli  same,  and  with  our  views  thereon    .046 

Close  copy  minutes  of  order  of  the       ultimo,  folios  .5        .         .         .018 

Notice  to  settle  same,  copy  and  service      .         .         .         .         .         .040 

AVriting  to  the  official  liquidator,  requesting  him  to  send  us  a  state- 
ment of  the  claims  outstanding,  and  wliich  he  wished  to  be  disposed 
^of  .         .         .         .         .         ." 0     3     6 

"Writing  to  &  Co.,  solicitors  for  ,  and  re(^uesting  to 

know  as  to  whether  they  were  prepared  to  contest  the  making  of 
an  order  against  their  client    in  tlie  terms  of  that  made  against 

'..036 

Having  received  an  ap])ointment  to  settle  chief  clerk's  draft  certiticate 
as  to  the  supplemental  list  of  contributories,  writing  to  official 
liquidator  informing  him  the  day  and  hour  to  settle  same,  and  gene- 
rally on  the  matter         .         .         .         .         .         .         .         .         ".026 

Writing  to  Mr.  and  informing  him,  as  Ave  understood  that 
it  was  not  intended  on  the  yiat  of  to  take  any  step  towards 
disputing  the  judgment  of  the  Judge,  we  should  be  glad  to  receive 
ail  early  intimation  from  him  as  to  the  course  intended  to  pursue 
on  behalf  of  his  client,  ,  and  informing  him  also  if  he 
disputed  we  should  be  comjielled  to  ask  the  Judge  to  allow  costs 
against  his  client    . 0     3     6 

Writing  to  &  Co.,  solicitors  for  ,  requesting  them 

to  stale  whether  or  not  tliey  should  take  the  case  before  the  Judge, 
and  ])ointing  out  that  we  should  ask  for  costs  against  their  client  .     0     3     6 

Paid  for  order    .         .         .         ,         .         .         .         .         .         .         .050 

Attending  jiassing  order  of  the  9th  ultimo  made  against  .     0  13     4 

Writing  to  Mr.  ,  requesting   to  know  whether  he  still 

appeared  for  Mi-.  ,  as  he  had  not  attended  any  recent  ap- 

liointment  herein   .  ........     0     3     6 

Writing  to  Mr.  in  icj)]y  to  liis  letter,  as  to  his  liaving  with- 
drawn before  tlie  Judge  in  's  case 0     3     6 

"\\'iitiiig  to  Messrs.  ,  solicitors  for  ,  as  to  tlieir 
decision,  and  offering  to  allow  tliem  to  inspect  llie  notes  of  the 
Judge's  judgment  .         .         . 036 

Attending  Messrs.  &  Co.  on  their  calling,  and  inspecting  the 
shorthand  writer's  notes  of  the  judgment  of  the  Judge,  and  con- 
ferring with  them  at  considerabh;  length  thereon,  engaged  a  long 
•tiin<"_ '.'.'.     0     6     8 

Attending  Mr.  .on  his  calling,  ami  conferring  with  him  in  long 

'■onf(-rence  as  to  tlie  course  lie  inti^nded  to  jiursue  in  's  case     0     6     8 

Writing  to  Messrs.  &  (,'o.,  solicitors  for  ,  in  re])ly  to 

their  letter,  and  informing  them  tliat  they  could  ins])ect  the  b(joks 
of  the  company  to-morrow  at  the  f>(Iicial  licjuidator's  office  between 

ami  o'clock  . ,  .     0     3     () 


(tFlltlAL    l,l(,'l  lli.VToU  S    COSTS. 


.SSI) 


iiit< 


,  iind  l)csj)takiii<^ 
,  ami  at'tciwanls  ii<v 

ift    (.l<lrr  nf  tlie 


"Wiilin^  In  (itlirial  li<iuulatur  with  iiclicf  nl  tin-  apiMiiiiliiniit  at  his 
utlici!  to-iiini  iiiw  acciiidiiij^ly  .         .  .         .         .         .         • 

Wiitin;,'  to  \\n-  nllicial  liiiuidator  upon  tlie  subject  of  tlie  notice  of 
a])peal  of  solved  on  us  l)y  Mcs'^rf".  &  Co.,  and  an 
to  the  course  to  l)e  i)ur8Ued 

Attendin>^at  the  Payniaster-Generars  otlice  witli   order  of  the 
ultimo,  and  bespeaking'  directions  for  to  jiay  £ 

Court,  and  afterwanls  for  same 

The  like  attendance  with  order  of  the 

directions  for  to  ])ay  into  Court  £ 

s<mie       ....... 

Attending  before  tlie  registrar  and   settling  draft 

ultimo    ............ 

Writing  to  Messrs.  &  Co.  in  reply  to  their  letter,  an<l  in- 

forming them  if  they  referred  to  the  atti.davit  recently  tiled  by  the 
othcial  litpiidator,  they  would  find  it  sim])ly  showed  how  far  the 
adjudication  on  claims  had  ]irocee<le.i,  ami  we  could  not  conceive 
upon  what  ground  an  affidavit  couM  In-  filed  in  re]ily    . 

Attending  the  official  li<iuidator's  clerk  on  his  billing,  with  reference 
to  the  names  to  be  excluded  from  the  supplemental  list,  conferring 
with  him  thereon,  and  advising  that  it  was  not  neces.siirv  to  e.\clu<le 
any         ............ 

Writing  to  the  ofiicial  liipiidator  as  to  j.roducing  books  on  the  ap- 
pointment on  Tuesday,  in  order  to  check  the  schedule  to  the  chief 
clerk's  certitiwite    .......... 

Writing  to  Messrs.                  ,  solicitors  for  ,  in  rei)ly  to  their 

letter,  and  informing  them  we  could  not  understand  the  order  in 
the  amended  foini,  as  the  order  had  not  been  amended  or  abridged 
in  any  way,  and  that  we  had  no  intention  on  the  part  of  the  ofiicial 
liquidator  of  waiving  that  portion  which  referred  to  the  application 
of  the  fund 

Having  received  further  letter  from  Messrs. 
cular  defence  they  rai.sed  on  lu-half  of 
thereof,   and    writiiit,'    to    the    offii  ial    li'|uidati'r 
thereon  ........ 

Writing  to  Messrs.  with  tliivctions  \'<n- 

into  Court 

The  like  to  Mc-^srs. 
into  Court 

Sittings  fee 


as  to  the  parti- 
.  making  copy 
tlieiewilh    and 


with  directions  for 


to  pay  £ 
to  pay  £ 


c  ■-.  'I. 

0  1  «J 

0  .1  n 

0  0  8 

0  r>  8 

0  13  4 

0  3  6 

0  n  8 

0  2  (i 

0  3  6 

0  t  6 

0  3  6 

0  3  6 

0  lo  0 


Correcting  proof  of  order  of  the         ultimo,  folios  5  . 

Paid  stamp  for  this  order 

Notice  to  pass  sjime,  and  copy  and  service  of  sjune  on  Me-ssi-s. 

Attending  appointment  to  .settle  chief  clerk's  certific;ite  a.s  to  sup- 
jdemental  list  of  coiitributories,and  pro*  ceding  thereon,  when  .s<une 
wa.s  adjourned        .......... 

Writing  to  ofiicial  li([uidator  in  rejdy  to  his  letter  of  to-day's 
date,  and.  informing  him  we  thought  that  the  ]>ast  mcinl>ers' 
liability  couhl  not  be  (juotioned,  as  it  was  clear  the  whole  of  the 


0 

3 

6 

0 

13 

4 

0 

4 

6 

0 

3 

0 

0 

6 

8 

0 

3 

G 

800  APPENDIX    III. 


liabilities  of  members  anJ  directors  -svould  not  be  sufliciont  to 
discharge  a  moiety  of  the  claims 

Attending  passing  order  dated  of        last  .... 

Paid  for  ofliice  copy  aftidavit  of  ,  folios  9        .         .         .         . 

Perusing  same 

Attending  the  oHicial  liquitlator's  clerk  on  his  calling,  in  reference 
t(i  the  power  of  attorney  to  be  obtained  in  order  to  collect  dividends 
on  stock,  and  taking  his  instrnctions      ...... 

Subsequently  "wiiting  to  the  official  liquidator,  and  requesting  him 
to  bespeak  and  obtain  a  certificate  of  stock     ..... 

Having  been  served  ■with  notice  of  appeal  on  behalf  of  , 

writing  official  liquidator  informing  him  thereof,  that  this  appeal 
wuuld  not  be  heard  until  's  appeal  had  been  heard  .         .036 

Attending  Mr.                     at  his  request,  conferring  with  him  at  con- 
siderable length,  as  to  the  case  made  out  by                  in 
affidavit,  and  advising  him  thereon 0     G     8 

Attending  at  the  Paymaster-General's  office,  leaving  order  dated  the 
last,  and  bespeaking  directions  for  payment  into  Court  of 
£        by  ,  and  afterwards  for  same 0     G     8 

Attending  before  the  Judge  in  Chambers  upon  our  objection  to 
Messrs.  filing  evidence  in  reply  to  the  official  liquidator's 
affidavit  as  to  state  of  adjudication  on  claims,  when  the  Judge  gave 
them  a  week  to  file  affidavit,  and  the  official  liquidator  to  reply 
thereto.     Costs  to  be  costs  in  the  matter 110 

AViiting  to  Messrs.  in  reply  to  theirs  of  the  instant,  and 

informing  them  that  the  appeal  they  referred  to  did  not  affect  the 
payment  of  the  money  in  ,  Court,  but  we  had  not  drawn  up  the 
(irder  against  their  client  as  we  had  been  expecting,  in  pursuance  of 
their  promise,  a  formal  proposal  of  compromise      .         .         .         .036 

Attending  Messrs,  ,  solicitors  for  ,  on  their  calling, 

in  reference  to  the  case  before  the  Judge  this  afternoon,  and  giving 
them  infoimation  thereon       .         .         .         .         .         .         .         .068 

Attending  appointment  to  settle  chief  clerk's  di'aft  certificate,  and 

proceeding  thercdii,  Avhen  same  adjourned  for  transcribing    .         .110 

Tianscribing  chief  clerk's  certilicate,  folios  259,  at  per  folio       .         .004 

"Wiiting  to  Messrs.  &  Co.,  and  informing  them  alter  we  had  the 

interview  with  them  yesterday,  the  Judge  gave  leaA'e  to  the  directors 
to  rejdy  to  the  aiiiilavit  of  the  official  liijuidator  within  a  week,  and 
official  li(piidator  to  have  a  week  to  answer  any  affidavit,  and  re- 
questing to  know  whether  it  was  their  intention  to  file  an  affidavit     0     3     6 

"Wiitiiig  to  I\Iessrs.  &  Co.,  solicitors  for  ,  and  in- 
I'orming  them  the  result  of  their  a]»])lication  yesterday  bef  ire 
the  Judge,  and  requesting  to  kiiow  wlietlier  it  was  their  iiitention 
to  file  any  affidavit  .' 0     16 

Writing  to  the,  official  litpiidator  iiii'oriiiin-  liiiii  oi'  the  icsult  of  our 

application  to  the  Jixdge  yesterday  .         .  .         .         .036 

Writing  to  Messrs.  ,  solieitois  lor  ,  iu  leply  to  their 
letter,  and  inhn'ming  them,  as  the  Judge  had  given  the  dii'cctors 
a  w(!ek's  time  to  make  affidavit,  we  should  take  office  cftpy  of  their 
alhdavit 020 

I'aid  for  office  copy  affidavit  ol'  ,  folios  .">        .         .         .         .026 

I'eiusing  saiiM!   .  .         .  .  .         .         .         .  .  .         .018 

Wilting  to  Mr.  ,  solicitor  for  Mr.  ,  and  requesting  a 

rejily  to  our  jucvious  letters  to  hitn 0     3     6 


OFFICIAL    LlgUIKATOu's    (  OST.S.  'S!>1 


0    3    r, 


0 

3     0 

0 

1     (J 

0 

3    n 

0 

3     (j 

0    3    n 


"Wilting  to  Mi'ssis.  &  Co.  ill  r('])ly  to  tlu-ir  further  letter, 

ami  reporting' to  theiii  the  (h-cisimi  of  the  Jiulge  giving' h-ave  t" 
the  (lirectnrs  til  lUe  aili(hivit  ill  i-ei>ly  witliiii  a  week 
Writing  to  Mr.  ,  solicitor  I'm'  ,  informing  him  that 

time  hail  been   gi'anted   to  Messrs.  '«  client   to  answer 

othiial  liquidator's  aliiilavit,  and  that  he  could  ilo  so  if  he  desired     0     3     G 
Writing  to  ollicial  liijuidator  with  notice  of  further  aitiMiintment  to 
settle  chief  clerk's  certilicate  as  to  su])j)leinental  list  of  creditors, 
an<l  also  in  reply  to  his  letter  as  to  tlie  cheijues  for  payment  of 

Messix.  's  costs .   •     ^^     '^     ^' 

Drawing  tlirections  to  be  signed  by  the  chief  clerk  to  enabh-  oHicial 
li(luidator  to  give  a  ])ower  of  attorney  to  the  cashiers  of  the  ]'>aiik 
of  England  to  receive  dividends  on  stock,  folios  3 
Making  fair  cojn' of  s<ime  ,         ......_•• 

A\'riting  to  the  otlicial  liijuidator  with  same,  ami  requesting  him  to 

till  in  the  dates  (if  the  dividends 

Writing  to  the  othcial  liquidator  requesting  him  to  send  us  a  further 

statement  as  to  the  unadjudic-ited  claims        .         .         . 
Having  subsequently  received  from  the  otHcial  liquidator  Bank  «il 
England  certificate  and  directions  of  chief  clerk  approved,  writing 
him  acknowledging  receipt  of  same         ...... 

^Vriting  to  the  othcial  liijuidatoi-,  and  informing  him  that  's 

appeal  Would  be  in  to-morrow'si>a])er,aml  informing  him  the  time 

for  the  consultation  with  counsel 0     2     (5 

Having  received  special  letter  from  Messrs.  »lv:  Co.  as  to  their 

proposal  of  compromise  with  their  client  ,  writing  in  reply 

■with  our  views  thereon 036 

Paid  for  office  copy  allidavit  of  ,  folios  12      .         .         .         .     0     G     0 

Perusing  Simie   .         .         .         .         .         .         .         •         •         •         .040 

Drawing  and  engrossing  allidavit  <  if  ,  folios  ")         .         .         *     '^     "'*     [! 

Paid  commissioner  taking  deponent's  oath 0     1' 

Making  copy  allidavit  to  l)e  markeil  as  an  office  copy         .  .  .01 

Paid  tiling  allidavit ^     - 

Paid  for  otHce  copy 0     0  10 

Writing  to  Messrs.  i^  Co.,  solicitoi-8  for  ,  requesting 

to  kn.iw  whether  they  .lesired  to  have  the  £         claim  in  jtriority 
adjudicated  npun,  or  wlnther  they  aliandoned  it    .         .         .         .     0     3     G 
Writing  to  the  <ifiicial  li<[uidator  informing  him  that  weha«l  received 
a  letter  fr-mi  Messrs.  &  Co.,  an  o|f,r  of  £         cuinpromiM- 

on  behalf  of  ,  and  i-equesting  to  know  whether  we  should 

get  an  appointment  to  dispose  of  's  chiim  .         .         .         •     *^     '1     '^ 

Instructions  for  aflidavit  of  0     T.     8 

Drawing  same,  lolios  (•) 0     (5     0 

Having  received  a  lett  r  from  M»ssi«.  in  ivply  t.i  oiir  sug- 

gestion, making  coj.y  thereof,  and  writing  to  the  official  li.iuidator 
with  same,  and  also  inftnining  him  that  's  apjual  would 

be  heard  on  ......••• 

Engrossing  athdavit  of 

Prepaiing  exhibit       ......■• 

Attending  deponent  to  be  sworn  to  s;ime  .  .(»()« 

Paid  commissioner  taking  deponent's  oath  and  marking  exhiliil         .     0     2     fi 
Makinu'  eopy  affidavit  to  bo  marked  as  an  office  copv  .  .020 

Paid  filing  affidavit .020 

Paid  fur  office  Copy     .....•••• 


G 

S 
0     2     0 


0  1  G 
0  2  O 
O      1      0 


O     1      <> 


802  .  APPENDIX    III. 


NdticH'  nl'  filiiir'  same,  cupv  aud  .-ervice,  on  Messrs.  ,  solicitors 

f,,r  .         .      ' .         .040 

Attending  further  appointment  to  settle  the  thief  clerk's  certiticate, 

■when  same  proceeded  with  and  adjourned  till  .  .  .220 
It  being  considered  probahle  that  the  question  of  the  basis  upon 
Avhich  the  claims  -were  admitted  vrould  arise  in  the  Appeal  Court 
on  Mr.  's  appeal  coming  on,  Avriting  to  the  official  liqui- 
dator for  Mr.  's  opinion,  upon  -which  the  Court  acted  .036 
Attending  the  official  liquidator's  partner  and  clerk,  conferring  with 
them  as  to  the  probable  figures  -which  would  be  gone  into  on  the 
hearing  of  Mr.  's  appeal  and  -would  require  explanation, 
also  the  points  which  might  arise  upon  the  liquidation  generally, 
when  they  promised  to  attend  the  Court  with  the  necessary  docu- 
ments  068 

Attending  the  sdiorthand  writer,  and  instructing  him  to  take  notes  .068 
Paiil  him  for  taking  notes  and  transcript  of  same,  folios  48,  at  per 

folio 008 

Attending  further  ajtpointment  to  settle  the  chief  clerk's  certificate, 

when  same  proceeded  with  and  completed     .  .  .         .         .     0   13     4 

Writing  to  the  official  liquidator  with  olhce  copy  affidavit  of  , 

and  informing  him  our  impression  Avas  the  offer  of  £         was 

wholly  inadequate  .  .- 036 

"VViiting'to  Messrs.  ,  solicitors  for  •  ,  thereon,  and 

for  explanations  as  to  certain  paragraphs  in  the  affidavits  dealing 

Avith  their  client's  property •         • 

Writing  to  Messrs.  ,  solicitors  for  ,  and  informing 

them  that  's  appeal  had  been  withdrawn  .... 

Having  obtained  dii'cctions  signed  by  the  chief  clerk  to  be  lodged 

at  the  Bank  of  England,  writing  to  the  official  li(piidator  with 

same 

Writing  to  Messrs.  &  Co.  in  reply  to  their  letter,  as  to  the 

explanation  of  the  charges  referred  to  in  's  affidavit  . 

Making  copy  "f  Messrs.  &  Co.'s  letter,  and  writing  to  the 

official  li(iuidator  with  same,  and  also  as  to  the  preparation  of  his 
seccjnd  account  of  receipts  and  payments        .         .         .         .         .046 
Drawing  notice  of  the  evidence  we  should  read  on  tiif  hearing  of  the 

adjourned  summons  against  ,  folios  4    . 

Copy  and  service  of  same  on  Mcssis.  &  Co.,  their  solicitors  . 

Drawing  iK)tice  of  the  evidence  we  .should  read  on  the  hearing  of 
adjourned  summons  against  ,  folio  3  .... 

Copy  and  service  of  same  on  Messrs.  &  Co.,  his  solicitors 

Drawing  5  similai'  notices  for  service  on  dift'erent  solicitors,  folios  2 

each 

Copy  and  service  of  same  on  difl'ereiit  solicitors  .... 

Having  received  ay)pointment  to  proceed  on  sunnnons  against 

directors,  6  topics  and  seivices       .  .  .  .         .     0   16     6 

Having  ascertained  liy  iinpiiry  at  the  l'ayniasltr-(  Ii  lu-ial's  ollin- that 
the  £         whiih  bad  l)ccii  ordcicil  to  pay  into  ('ourt  was 

not  i)aid  in,  writing  to  Mcssis.  iK:  Co.  thereon,  and  inform- 

ing them  unless  the  same  was  ]iaid  into  Couit  in  the  course  of  the 
])reseiit  week,  we  .should  be  comindled  to  enforce  the  order   .         .036 
Writing  a  similar  letter  to  Messrs.  &  Co.,  as  their  client 

,  not  having  paid  his  £         into  Court     .         .         .         .036 
Writing  to  MesFrs.  in  leply  t<i  tlieii-  b  llii'  df  \\u-        instant. 


0 

3 

6 

0 

3 

6 

0 

3 

6 

0 

3 

6 

0     4 

0 

0     3 

10 

0     3 

0 

0     3 

6 

0  10 

0 

0  ].-> 

10 

OriK  lAI-    l.l<,>ril'A10K's    COSTS.  s'\:', 


ainl  iiit'oriiiiii^  tlieiii  tliat  \v.-  iliwii-lit  tli.-  only  way  in  wliich  tln-v 
inultl  raise  their  jxiintH  in  n|»i).).sitii>ii  lo  our  huniiuourt  after  tin- 
ilecisioii  in  's  case,  wnuM  be  to  take  their  elient's  ca«e  at  uuce 

hefdre  thi-  Jii.l^e  in  OmrL 0     3     6 

Wiitin;^  lo   Messrs.  &  Co.   with   the   rayinaster-Ueneral's 

direction  lor  to  pay  into  Uuurt  £  .         .         .         .     0     3     <> 

Miikin;^' co)iy  of  jud^'ineiit   of  the  Lords  Justiees  on  the         in>Lant, 

folios  <),  lor  the  olliiial  li«iiii(Uitor 0     3     0 

W'litin;,'  to  Messrs.  &  Co.  acknowh-il^^in;,'  ieici|it  of  their 

letter  of  to-ilay's  date,  and  as  tliey  de.sired   infunnation   thereon 
their  client's  uise  could  he  taken  liefore  the  chief  clerk  on  the 

proximo      .         .  .         .  .         .         .         .     0     15     •'> 

Writini,'  to  the  ollicial  liipiidator,  reijuestin^  to   know  as  to  tiie  lia>i- 

upon  which  claim  should  he  admitted  .03     r. 

Writin^^  to  Messis.  &  ('o.  ui)on  the  subject  of  tht-  speci.il 

defence  they  inteiidetl  to  i-aise  on  hehalf  of  iheir  client  0     3     •; 

Writin;^  to  otlicial  linuidator  reiiue.-tin^  to  know  whether 

had  any  claim  ai^ainst  the  company         .         .         .         .  .     0     3     U 

Writing'  to  Messrs.  &  Co.  in  ie]ily  to  their  letter  a.s  to  the 

time  allowed  for  tlieir  client  to  pay  the  £  into  Court         .     0     3     <i 

Attendin;^     at     the    Paymaster-Ceneral's     oflice    a.scertainin;;    that 

neither  or  had  ])aid  their  moneys  into  Court     O     C     h 

Writin-^  to  Messrs  &  Co.  and  informin;,'  that  unle.s-s  their 

client  jtays  the  £  in  pursuance  of  the  oiiler  made  <in 

hist,  in  the  coui-se  to-morrow  we  .should  ajiply  to  the  Court  with  a 
view  to  enforce  the  order,  in  which  case  their  client  would   have 
to  jiay  additional  costs    .  .         .         .         .         .         .         .     0     3     (I 

Writing  a  similar  letter   to   Messrs.  vS:   Co.,  .s«ilicitoi-s 

for •         •         .         .     0     3     ti 

Instructions  for  affidavit  of  otlicial  lit[uidator,  verifyiii;,'   his  >econ.| 

account  of  receii)ts  and  i>ayments 0     «>     8 

Diawinj^  s;ime,  folios  5 0     5     0 

Kn;,'rossin;^'  sjime         .         .         .  .  .         .     0     1     M 

I'reparing  e.\hil)it i)     I     O 

.\lakin<^' copy  of  account  to  I..-  marked  as  an  e.vhil.il,  at  jM-r  foH..         .     U     0     -1 
Writin'^   tothe  official   li.iuidatMi- with   affidavit  an<l   a.count   to  1.,- 

sworn  to  .  .         .         •         •         .         .030 

Atteiidiu;^'  Messr>.  .  the  solicitors  for  ,with  nh-rence 

to  his  jiosition,  when  it  appeared  lie  wil>^  tpiite  unaf>lf  to  dischai-j"** 
the  obli<,'ation  in   this  matter,   and  arian^,'in>,'  for  them  \>>   >en«l 

us    the  necee-Siiry  statement 0     G     S 

Atltiidin;i  the  official  liijuitlator  in  lon^  conference  and  conferriii;; 
with  him  as  to  the  Gises  of  and  not  havinji  jmid  their 

£        into  Court,  and  advisinj,'  liini  as  t<i  the  course  to  hv  j)Ui^?mHl      o     Ti     8 
Instructions  fi'r  cojinsel  to  advise  in  contenMKX'  in  refen'nce  to  the 
course  to  be  pursued  to  enforce  the  oixh-r  for  i>ayment  of  £ 
\,y  ,  who  had  not  comi)lie<l  with  8;une,  and  fair  copy  .         .     0     fi     8 

Attcndin;,'  counsel  appointiuj^  conference 0     (>     H 

i'aid  conference  fee  to  him  and  clerk 1     (»     0 

Attendin;^  conference,  when  counsel  advi.^ed  we  .should  apply  for  a 

4-day  oixler '.         .     0   13      1 

Attending,'  official  liquidators  cleik  this  morning;  in  refeivnce  to  the 
claims  outstandin-,'.  and  making;  an  apixiintnient  to  ^'o  throil^di 
.•<ime  in  the  afternoon 008 


0 


894  ArPKNDix  III. 


Wiiliii^  t(i  Mi's*i-s.  i.^  Ci).  ill  ii-iily  Id  Uuir.s  ol'  lliu  ami 

infoniiiiiL!,  ihoin  that  wc  slumUl  issue  a  sumnioiis  to  eul'orce  the 
order  of  the  made  against  tlieir  client  unless  we  heard 

from  them  to-morrow  that  they  woiild  give  us  their  assurance 
that  the  amount  would  l)e  jiaid  within  a  week        .         .         .         .036 

Making  co]>y  of  Messrs.                     &  Co.'s  letter  of  the,  and 

writing  to  the  official  liquidator  with  same,  and  informing  him  we 
had  written  to  them  that  we  should  apjdy  to  the  Court  if  tlie 
amount  Avas  not  paid  within  a  week .040 

Attending  Messrs.  ,  .solicitors  lor  ,  on  their  calling,  and 

conferring  with  them  in  long  conference,  and  giving  them  infor- 
mation in  refei'cnce  to  the  position  of  this  matter  .         .         .         .008 

Instructions  for  affidavit  of  the  official  liquidator  in  reference  to  tlie 
appointment  and  retirement  of  as  a  director  of  the  com- 
]>any 0     0     8 

Diawing  same,  folios  4        .         .         .         .         .         .         .         .         .040 

"Wilting  to  the  official  liquidator  witli  same  for  his  a]ij>roval  and  i'or 

information  as  to  the  dates  and  ])articulars  in  reference  thereto      .030 

Attending  by  appointment  on  the  official  liquidator's  clei'k,  going 
through  the  list  of  claims  seriatim,  and  settling  as  to  the  course  to 
he  pursued  in  reference  to  claims  for  policies  in  respect  of  which 
only  half  premiums  had  been  ]iaid,  and  conferring  with  him  on 
other  matters 0     0     8 

Attending  the  official  liquidator  Ijei'ore  a  commissionei'  on  his  being 
sworn  to  his  affi<lavit,  verifying  his  second  account  of  receipts  and 
payuients        ........... 

Paid  commissioner  taking  deponent's  oath  and  marking  exhibit 

Making  copv  affidavit  to  be  marked  as  an  office  copy 

Paid  filing  affidavit '.         .  .  . 

Paid  for  office  copy    .......... 

Having  received  coi)y  allida\it  of  niadeljy  liim  in  another 

assurance  company,  folios  23,  pciusing  same  ..... 

Having  received  co])y,  inteirogatories  for  the  examination  of 
in  the  same  assurance  company,  folios  8,  perusing  same 

Having  received  copy  affidavit  of  in  an.swer  to  these  interro- 
gatories, folios  77,  perusing  same 

Wi-iting  to  Messrs.  &  Co.  solicitois  I'or  ,  in  r(|ily  to 
tlieir  letter  of  yesterday's  date,  and  informing  them  wc  would 
confer  with  li([itidalor  on  the  documents  they  sent  in  relation  to  the 
offer  of  c(»mproniise  with  their  client 0    3     6 

Writing  to  the  official  liquidator  i(((nesting  to  know  Avhether  he 
liad  been  able  to  get  any  further  information  from  bevond 

tliat  enclosed  from  his  affidavit,  ami  if  not  whctlui-  wc  slmuld  have 
liim  examined  on  his  affidavit         .         .         .         .         .         .         .036 

Afaking  copy  of  chief  clerk's  certificate  as  to  settlement  of  supple- 
mental list  of  coiitiibutories  to  be  maiked  as  an  office  copy,  folio.s 

,  at  i)er  folio  .         .  .         .         .         .         .004 

I'aid  for  office  co])y,  at  ])er  tolin 0     0     2 

Attending  the  official  lifiuidator  again  to-day,  in  very  long  con- 
fei'ence  as  to  the  conise  we  were  ])ursuing  against  ,  also  as 

to  Mr.  claim  to  ]h-.  ]mi[  in  ]>iiorily,  and  also  the  gi-ound 

n])on  which  we  sliould  disallow  claims  by  persons  who  liad  ])aid 
only  a  ])ortion  fif  the  ])reniiiinis,  and  u]pon  various  other  matters 
r<"lating  to  the  li(|uidation       .  .  ,008 


0 

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■2     0 

OFFICIAL    I.I'.M'll'ATOlt  v;    cO'^T^.  SJ)/) 

-Making  copy  unh-r  i.r  tilt"  :i;,'aiiist  f.-r  the  ..Hi.-ial 

liiiuiilatnr  as  ivtjurstfil,  fulin^  •">...., 

Wiitiii;,'  liiiii  with  s;imf      ......... 

I'ri'parin^  sumuiciis  r..r  a  -l-ilay  ..nl.-r  a^'aiii.st  to  couipcl  hjiu  l.» 

jMiy  into  C'niii  t  tlic  £  aii<l  attcnclin^,'  at  Chainbei'S  V>  ^et  nanu- 

st'ulcd     ............     0 

P.iid  staiiiiiiii^'  .siiuu-   .......... 

.Makiiii,' C(ii)y  iif  RjniK- to  Icavf  at  ('llamlK•I^.^         ..... 

SubsiMim-iitly  atti'ii.liii;4  at  tlu'  Payinastt-r-Cu'iuTars  olli( .-,  wh.-ii  \vc 

wore  inloinuHl  tliat  lie  ju.-^t  ivrciwd  notice  of  tlii.s  .sum  Immm;,'  jiaid     0     G     8 

Writing;  to    Mfssi>.  &  ( 'o.   ini'oiinin;,'  him  tliat  wr  liad  i - 

t.-nvil  wilii  thf  olli.ial  Ii(i\iiilati>r  on  Mr.  claim,  an<l  tliat 

hi'  was  willing  to  allow  tlu-  claim  at  £  ,  l.ut  if  tlii-y  jx'i-sist«-<l 

that  his  claim  wa-<  to  Ik-  )>aiil  in  juioiiiy  to  ntht  r  civditoi..., 
that  (iiifstion  must  bi- .sulimittnl  to  the  chili  clerk         .  .030 

Prcparini,'  .summons  to  jia.s-  the  otlicial  liijuiilator's  wamd  account  of 
rt'ccipt-s  ami  |».iymints,  and  alt.-ndinv'  at  ("hambcrs  to  :jct  muu- 
sealftl      ............ 

Paid  stamping'  sann-  .......... 

Makini,'  copy  to  K-avi*  at  L'hand)cis    ....... 

Wiitin^  to  the  oflicial  liiiuidator  with  notice  of  the  ivturn  of  thi.s 
.'summon.",  and  also  (h,- day  thi-  adjourned  .summons  a>:ainst  the 
directors  would  be  lieanl         .  .  .  .  .  .         .         .     U     l'     •'. 

AVritiu;,'  to  Me.ssrs.  &  C'o.  reiniiidinj^  them  that  the  time 

had  expired  for  their  client  Mr.  to  ]iay  in  the  £  and 

re([uestin;^' them  to  have  it  ])aid  without  lurtlier  delay    .         .  .     it     :{     C, 

Wiitini,'  to  the  ollicial  liquidator  informing'  him  that  Mr.  had 

Itaid  £  into  Couit  an<l  that  we  should  now  take  the 
nece.s.Sjiry  stejis  for  laisin;,'  the  (juestiou  of  set-off,  and  also  wiitiu;,' 
to  him  with  copy  interro>,'atories  admiidstered  to  an«7 

his  allidavit  in  reply,  and  copy  athdavit  oeiiendly  a.s  to  his  me.ins 
for  his  peru.sal 

En^'ro.ssinj,'allitlavit  of  oflicial  li(|uidator,  folios  J 

Preparing'  exhibit       ....... 

Attending'  deponent  to  be  swoiii  to  .sinie   .... 

Paid  commissioner  taking,'  deponent's  oath  and  niarkin;^'  exhibit 

Makin.i,'  copy  atliilavit  to  be  marked  as  an  oHice  copy 

Paid  filin;,'  allidavit     ......... 

Paid  for  otliie  coi>y     ......  . 

Notice  of  tiling'  tnis  allidavit  and  copy  nnd  .scTvi«»-  on  Mi. 

solicitor  for  >[r.  ,         .         .         .         .  .     <)      I     0 

Pre]iarin^'  summons  for  to  .show  cause  why  the  £ 

paid  into  C'ouit  by  him  to  the  credit  "  In  the  matter  of  llie 
( 'ompany.  Limited,"  and  In  the  matter  of  the  ('om])any's  Acts,  \iM't'2 
k  18(17,  Contribution  Account,'' should  not  l>e  transferivd  t" 

and  staml  to  tin*  credit  of  the  oflicial  liipii.lator  of  the  .s;iid  rom- 
jiany  in  the  books  of  the  tJovernor  and  ("omi»any  of  the  P.iink  of 
Knj,dand,  fn-ed  and  di.schai>,'eil  from  the  allej,M'd  .set-ofl,  and 
attending;  at  ChamlHi-s  to  ^et  same  sealed 

Paid  stainpiu;,'  .'<ame  ..... 

Making'  copy  of  sjime  to  leave  at  Chambers 

Copy  and  service  of  sjime  on  Me.ssi-s. 

Writinir  to  Me.ssi-s  &  Co.,  solicitors  for  Mr  in 

reply  to  theirs  of  instant U     .")     «i 


() 

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i; 

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(1 

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icitors     . 

.     0     4 

G 

896  AIM'KNDIX    III. 


£      s.      il. 


rrt'paiiuy  suniuioiis  i'uv  to  show  cause  why  tlie  £ 

paid  into  CV.uit  by  liiiu  shouhl  not  be  tiansfeiTecl  to  the  credit  of 
the  official  liquidator  in  the  books  of  the  Govern.or  and  Company 
of  the  Bank  of  England,  and  attending  at  Chambers  to  get  same 
sealed .     0  13     4 

Paid  stamping  same  .         . 030 

Making  copy  of  same  to  leave  at  Chambers 0     2     0 

Copy  and  service  of  same,  Messrs.  &  Co.,  his  solicitors         .046 

Writing  to  the  official  lirpiidator  with  notice  of  the  returns  of  these 

two  sumni<mses       .         .         .         .         .         .         .         .         .         .020 

Attending  the  official  liquidator,  conferring  with  him  in  reference  to 
the  claim  of  which  he  had  had  notice,  although  no  formal  claims 
had  been  brought  on  the  subject,  and  as  to  the  affidavit  wliich  he 
had  made  respecting  same,  with  the  view  of  fixing  the  liability  of 
the  directors,  ad\'ising  him  that  under  the  circumstances  the  best 
course  to  adopt  would  be  to  defer  considering  the  course  to  be 
adopted  until  the  directors'  liability  had  been  disposed  of  and  the 
money  paid,  and  then  to  take  the  opinion  of  the  Judge  on 
same,  engaged  a  very  long  time,  and  also  conferring  with  him  in 
reference  to  the  claim  m;ide  by  the  Company,  perusing 

items  in  the  account  shc)wn  tcj  us,  and  advising  as  to  taking  steps 
to  proceed  with  the  settlement  of  a  supplemental  list  *  .         .         .110 

Writing  to  Messrs.  ,  solicitors  for  ,  and  iniorniing 

them  that  we  had  appointment  to  dispose  of  outstanding  claims 
on  the  ])roxinio  at  2.30,  when  we  pr<»posed  to  deal  with  the 

£  in  respect  of  the  lf>an  alleged  to  be  transi'eired  to  their 

-     client  by  ,  and  requesting  t(j  know  whether  they  were  going 

to  file  any  further  evidence    .         . 0     3     G 

Writing  to  the  official  liquidator  -with  notice  of  ap])ointment  to  pro- 
ceed on  proximo,  and  informing  him  Ave  would  write  to 
Mr.                    ,  and  reipiest  him  to  lile  an  affidavit  .  .  .020 

Subsequently  having  received  further  a  letter  from  Messrs.  as  to 

Ml'.  's  (daim,  writing  them  in  re])ly  as  to  the  amount   at 

which  this  claim  was  admitted,  and  as  to  the  part  disputed    .  .030 

Wiiting  tf)  the  official  liquidator  informing  him  that  Messrs. 

had  written  to  us  and  stated  that  Mr.  was  admitted  at 
£  ,  and  lequcsting  to  know  whether  that  was  the  least 
amount 030 

Writing  to  Mi-.  infoi'ming  him  that  we  had  an  appointment 

to  settle  the  outstanding  claims  on  the  jiroxiniu,  and  if  he 

was  not  pre]>ared  to  acce])t  the  amount  the  oflicial  li(|uidator  was 
willing  to  allow  him  to  prove  against  the  company,  he  iinist  iile  au 
affidavit  within  7  days   .  •  •  .         .         •  .030 

AVriting  to  Mr.  ,  the  lii|uidatoi'  of  the  Company, 

requesting  to  kiU)W  what  airangement  he  had  made  with  .     0     3     0 

Writing  to  the  official  liijuidator  as  to  the  chief  clei'k's  cerlilicate 
settling  the  list  of  contributoiies  had  now  been  fded,  and  lecpiest- 
ing  to  know  whethei'  we  should  ])i'oceed  lor  a  call  order  before  tlu; 
vacation  .  .  .  .  .  .030 

Writing  to  Messrs.  i*v:  Co.  leiinesting  to  know  in  the  course 
of  to-morrow  whether  tliiMr  client,  Mr.  had  ])aid  the 
£  into  Court,  as  when  we,  applied  to-day  to  bes])eak  oliici! 
copv  certificate  of  same,  we  were  informed  the  .same  was  not  yet 
liled .020 


OFFK  lAI,    I.lullHATOU's    COSTS.  ^07 

£     f.      J. 

Having  ivcei  \  cd  a  l.ttcr  I'loiii  Mi'.                     the  li(iui<lal<.r  of  the 
('oiiii>aiiy  as  to  any  aininj^'t-nient  nuult;  by  him  with 
,  niakiu;,'  cnjty  ofaanie  ami  writing  tu  the  (jllicial  Ijiiui- 
(lat'ir  wifli  same  and  thfrtun 0     4     G 

.Siilt^i-'cjutntiy  all.iiiling  Mr.  ,  whi-n  lie  stilted  that 

had  oH'crfd  ;"».<.  in  tho  £,  but  a3  lie  considoreil  it  was  insulli<  lent  al 
presrut  no  C(jnij)romise  witli  him  liad  bi-cn  madf  witli  liis  com- 
pany, ami   lie  also  inl'ormi'd  us  it  woidd   not   be   iio.s>il>li-   to   get 

to  attend  any  e.vamination  as  lie  was  an  invalid    .         .     0     (>     8 

Attending  at  the  l!ei»ort  Ollice  .searching'  for  and  bespeaking  certifi- 
cati-  of  the  payment  in  of  £  by  Mr.  ami  after- 

wards for  .sjiiiie        .         .         .  .  .  .         .  .         .008 

Pa  ill  for  ollice  eopy o     1      0 

\\'riting  to  the  ulhcial   li<juidator  in  reply  to  his  letter  a^  to  the  call 

ti>  be  applied  for     .         .  .  .         .         .         .         .         .         .     0     .'5     f. 

Writing  to  Mr.  in  reply  to  his  letter  and  informing  him  the 

otiicial  liiiuidator  would  be  glad  to  adopt  .s;ime  course  in  confirnni- 
tion  with  hiiii>elf  with  a  view  of  settling  matters  with  .     0     3     U 

Writing  to  the  otiicial  li([uidat<ir  in  reply  to  liis  letter  and  that  we 
agreed  with  him  that  could  attend  at  Dublin  to  give  his 

evidence,  and  as  we  had  not  hail  a  rei>ly  from  Mr.  to  our 

letter  we  had  better  fake  indepemlent  action  .         .         .         .030 

Attending  the  otiicial  li(piidator's  partner  ( onfeiring  with  him  in 
reference  to  the  propriety  of  making  a  call,  and  considering  tlio 
matter  very  fully  with  him,  and  we  .suggested  that  a.s  the  con- 
triliutories  were  alreaily  on  the  list  in  respect  of  we 

ought  to  apply  for  a  balance  order  witliout  giving  them  notice, 
when  he  agreed  that  it  was  under  the  circumstances  the  ])roper 
course;  engaged  a  very  long  time  .         .         .         .  .         .         .110 

Sittings  fee .         .     u  \o     o 

'J'riitiltj  SittiiK/K,  iST.s. 

Writing  to  Messr.".  &  Co.  informing  them  before  anj'  coni- 

jiromise  with  oould   l>e  considered  it  was  necessary  for 

liim  to  file  the  usual  aliidavit  verifying  his  nieiins  .         ."        .03     C 

Having  leceivetl  a  letter  from  Messrs.  &  Co.  claimiii;^'  to  be 

jijiid  on  behalf  of  tin  ir  client  as  n  director,  nnikiiii;  <  opy 

of  same  and  writing  to  the  official  liipiidator  with  sinie  an<l 
thereon  .         .         .         .         .         .         .         .         .         .         .         .     n      j     o 

^\■riting  to  Messrs.  acknowledging  the  receipt  of  their  letter 

and  informing  them  it  would  be  for  the  ofti.ial  liipiidafor  to  dcvide 
whether  they  shouM  take  out  the  ordinary  summons  to  prove, 
notwilhstainling  the  time  had  expired    .         .  .         .         .030 

Sulisenuently  writing  to  the  oflicial  licpiidator  re<piestiiig  him  to 
.-end  us  a  list  of  the  names  of  those  jH-rsons  m  ho  had  jmid  tlnir 
contribution  since  the  chief  clerk's  certificate  was  settled       .         .030 

Having  receive<l  letter  from  Me.s.';rs.  &  Co.  solicitoi-s  for 
,  writing  them  in  reply  and  insisting  on  aflid.ivit  King 
filed  on  behalf  of  their  client        " .030 

Prej'aring  summons  for  balance  onler  agiiin.st  all  the  conlributories 
.Set  forth  in  the  1st  and  2nd  columns  of  the  schedule  then-to 
annexed  who  had  been  seftleil  on  the  list  of  the  conlributories,  at- 
tending at  Chambers  to  get  sina- scab  d  0  13     4 


898  ArrKN'Dix  iir. 

£      .s.       ,1. 

yi.ik'ui'^  0(H)y  .if  scliediili-  to  lunu'X  to  saiin',  folios  :i:JG        ,         .         .     :}  14     8 

Piiid  stamping  same  .         .         .         .         .         .         .         .         ■         .     0     .'i     0 

Making  cojiy  of  same,  iiK-liuling  copy  scheihile  to  leave  at  ('ha.iiljers, 

ami  summons,  folios  4,  and  schedule  23G,  together  folios  240  .     4     0     0' 

Writing  tu  the  otticial  li([uidatur  with  notice  of  the  return  of  this 

sumuums .         ..         .026 

Having  received  letter  from  Messrs.  &  Co.  suggesting  the 

adjournment  of  the  summons  iu  Mr.  and  Mr. 

cases  to  the  judge,  writing  anil  reminding  them  that  the  (|uesti(ju 
involved  in  the  summons  had  already  been  decided  by  the  judge, 
anil  ratified  by  the  Court  of  A])peal,  and  declining  to  same  being 
adjourned       .         .         .         .  .         .  .  .         .         .         .036 

Attending  by  desire  of  the  oHicial  liipiidator  at  his  oflice  conferring 
with  him  as  to  the  course  to  be  pursued  as  to  the  service  of  the 
balance  order  if  granted,  and  other  items  of  expense,  and  we  were 
to  consider  the  matter,  and  state  what  charge  we  should  make       ,068 

Attending  subseipiently  the  oliicial  liquidator's  clerk  on  his  calling 

and  handing  him  time  book   .         .         .         .         .         .         .         .068 

Attending  before  chief  clerk  on  summons  for  to  show 

ciuse  why  the  £  paid  in  by  him  into  Court  should  not  be  trans- 
fi'iTed  to  the  iitlicial  liquidator's  account  at  the  Bank  of  England, 
when  the  chief  clerk  required  to  see  the  memorandum  of  associa- 
tion which  we  were  to  ])roduce  to  him    .  .         .         .  .         .     0  13     4 

Writing  to  the  oflicial  liquidator  and  infoiining  him  that  this  £ 

would  be  transferred  to  his  account  in  due  course  .         .         .036 

Attending  at  the  Paymaster-Ceneral's  office  and  bes])eaking  certilicato 

of  fund  in  Court,  and  afterwards  for  same       .         .  .         .  .068 

Writing  to  Messrs.  &  Co.  in  reply  to  their  letter  as  to  their 

client's  position       .         .  .  .  .  .  .         .  .         .036 

Attending  summons  for  to  slmw  causf  why  £  \k[1\  into 

("oui-t  i)y  him  should  not  be  transferi-ed  to  the  credit  of  the  t)lHcial 
liquidator  in  the  books  of  the  Governor  and  Com})any  of  the  Bank 
of  England,  when  Messrs.  &  Co.  his  solicitors  claimed  a  set- 

olf  and  the  summons  was  adjourned  to  the  judge   .         .         .         .0  13     4 

Writing  to  the  oliicial  lii)uiilatoi-  n'purting  the  result  of  the  ajipoiut- 

ment .         .036 

Attending  the  oliicial    liqiiidaloi-  ronferiing  with  him  with  refereiire 
to  tin;  summons   as  to   tlir  ciiroicement  of  the   call,  and  as  to  the 
accej)tance  of  sei'vice,  and  In-  intimated  that  the  service  had  better 
be  by  post,  and  the  (piestion  of  charges  could  be  dis])osed  of  there- 
after, and  we  intimated  that  we   should  be  jirejiai'ed  to  make   any 
reasonable  airangement  as  to  that  .  .  .  .         .  .068 

Attending  at  the  judge's  chambei's  marking  -unininii-^  in  .Mr. 

Ciise  for  attendance  liy  Counsel  .  .  .  .  .  .     O     (i     8 

J'aid  for  olJice  lopy  .iHiihivil  of  ,  ImIIm,  C, 0     3     0 

I'erusing  sanw  .  .  .  .     0     2     (J 

Wi'iting  to  the  ollirial  liqiiid.ilnr  w  ilh  oii;^iiKil  -uiuinnn  -  and  .-i  In  iliil>> 
foi'  balanee  order  for  his  examination  in  mdri'  thai  he  might  makr 
an  allidavit  as  to  coni  tibutoiii's  who  had  jiaid  .  .  .  .03     6 

Writing  to  .Messrs.  and  informing  lliein  we  should  allend  by 

counsel  before  the  judge  on  ihi' adjourned  summons       .  .  .036 

Attending  apjiointnieni  liefon-  the  ciiief  clerk  and  pioducing  vouchers 
in  support  of  the  oflicial  liquidator's  second  account  of  receipts  and 
payments .  .         .         .     0  13     4 


miiciAr.  i,i<,MiiiATou  s  ( (•s'r.s. 


M»!» 


i»f  ilDciiiiicnts, 
,  fur  (ouii.^-l, 
day  nf 
,luii...s  I, 


>l    -l.lUllloll.'S 


Attfii<liii^' the  i.llicial  llnniilat.-r  iiiul  r.ml'iiriii;,' with  him  in  nl< - 
iviuv  t')  tin*  ivuiust  wcslmulil  iiiaki'  t<>  tin- ju<l;^«'  a>  totlu-  fiif«ir<«- 
lui'iit  <»!' llie  calls  by  iin-aiis  of  a  Italaiici- uidfi"  .  .  .  . 

hrawiii;;  lirii'f  Im-  couiisfl  to  ajijxaron  htlialfof  the  official  li<{ui<liit(>r 
iiu  Mr.  cluiia  <'f  st-t-uir  i'Xclii>ivf  uf  cujiifH  uf  (liiciiiiKnt>, 

folios  ,  at  jicr  folio         ........ 

Making'  copy  of  .sjimc  for  counsel   iiulinliii;^  cujiii-s 
folios  ,  at  JMT  folio 

Makiii-  Ijiicf  cr.jty  of  alli-lavit    of                lilrd   Ik; 
folios  5 

-Makiii;,' liiiff  coj.v  allidavit  of  nllicial  li<iui«lator,  fih-d 
1S7   ,  folios  4,  iln.l  fxhihit  A.  foli..s  10,  to^-t-th.-r  It  folios 

Making  brii-f  cojiy  allidavit  of  oHicial  li<iuida!or,  lilcd 
and  .-xhil.it  folius  !l,  to^'ethcr  KHolios     .... 

Altindin;^  coijusi-l  with  smie 

I '.lid  fi't:  to  him  and  clcik  ...... 

Attcndin;,'  coun.scl  apixiintin^'  conlinnci    .... 

Paid  conft  Ttiici'  fi  r  to  him  and  ch-rk  .... 

ln.-<t  I  actions  for  allidavit  of  nllicial  liijnidat"!  in  .sii|.|m.ii 

for  the  balance  oidir       ......... 

Drawin;^  Siimo,  folio.-  ".»......... 

En^'rossin;,'  ajimc 

Prcjiarin;^'  two  exhibit.-       ......... 

Attending  deponent  to  Ix;  .-worn  to  .Nime    ...... 

Paid  coinmi.ssioiier  taking'  deponent's  oath  and  markiii;:  txliibila        , 

Makin;^  copy  allidavit  to  be  marked  as  an  office  copy 

Paid  tilin;,'  affidavit 

Paid  for  office  copy     .         . 

Writing'  to  Me.ssi-s.  iV  Co.  solicitors  for  ,  thai  the  official 

lii(uidator  could  not  accept  in  the  .£  as  the  fact.s  disclo.-cil 

by  their  client's  evi<lence  tend  to  .-how  that  the  claim  of  thi.s  com- 

Iiany  ou;^ht  to  be  sjitisfied  in  full,  and  he  would  accept  £ 
lown,  the   remainder  by  instalments  payjible  at   three,  six,  and 
nine  months  .         .         .         .         .         .         .         ... 

Writin;,'  to  the  official  li<iuidator  in  rejily  to  hi.s  letter  and  informin;: 

him  we  entirely  agreed  with  him  that  the  otfer  of  compi-omi.«4-  of 

was  wholly  inadeouate,  and  we  had  informed  his  solicitoi-- 

tlie  only  terms  that  couhl  l>c  accepte<l 

Attendin;!;  before  the  cliii  f  <  lerk  on  .-unnnous  for  lulance  onler  when 
lie  consiilered  that  we  should  prove  by  affidavit  the  wrvice  of  the 
circidar  sent  out  bust  ,  and  he  could  li-e^it  siimcas  a  cull 
order,  and  adjourned  ."vime  to  the         inst 

Writin-^  to  tlie  official  liquidator  informin}^  him  the  result  of  this 
applicjitiou      ........... 

On  receipt  of  tele^Tam  from  couusid'a  clerk  in  i-efcrence  to  the 
claim   of  8et-olT  of   Mr.  ,   attcndin;.;   counsel    there«.n, 

and  it  was  arniii|^ed  we  ehouM  inst  met  aiiother  coun.<tl  on  the 
case  ............ 

Atteiidin;^'  confereni  e  .         .         .         ... 

Attendin;^  adjourned  sunnnous  bcfoix-  the  judge  in  chamUr.-?  when 
.same  wa.s  a<ljounied  into  Court       ....... 

Attending  the  official  li<|uidator  subsetjuenlly  coiiferrinjj  with  liim  on 
same  at  considerable  length  and  a-^  to  the  expenst-s  connecte<l  with 
service  of  balance  order,  (,^<.  ....... 

3  M 


0  0     8 

0  1     0 

0  0-1 

0  1 

0  4 


0  J 

0  i; 

•1  \ 

(I  «; 

1  G 

0  r. 

0  '.» 

0  .-} 

0  1 

()  ('. 

0  :{ 

()  .3 

0  2 

U  1 


0    ?, 


0    r. 

u  1.3 


0     .3     {', 


0   1.3      1 


0  13     4 


0 

0 

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G 

900  Ari'KXDix   HI. 


Writing  to  the  liijuithitor  inrui'iiiiug  him  that  the  a]n:ointiiU'iit  for 
the  had  been  postponed  till  the  inst.,  at         o'clock     . 

Tlie  like  to  ^Messrs.  &  Co 

Tlie  like  to  Messrs.  .t  C"o 

Having  received  instructions  IVoni  the  otHcial  lii[nidator  writing  to 
Messrs.  &  Co.,  and  informing  them  that  the  otiicial  lii^uidator 

was  prepared  to  admit  thrir  client's  claim  at  the  sum  of  £  ,036 

Attending  the  ollicial  liquidator  in  reference  to  the  progress  we  were 
making  towards  getting  the  balance  order,  also  conferring  with  him 
as  to  the  otfer  made  by  and  receiving  his  instructions  ;  engaged 
a  long  time     .         .         .         .         .         .         .         .         .         .         .0134 

Writing  to  Messrs.  &  Co.,  in  rejdy  to  their  letter  and  inform- 

ing them  under  the  circumstances  we  should  claim  the  right  if  we 
thought  it  advisa1)le  of  hling  an  athdavit  in  reply  to  their  clients 
although  the  evidence  was  really  closed  .         .  .         .  .030 

flaking  fair  copy  of  lirief  for  Mr.  ,  at  per  folio  .         .         .004 

Making  brief  copy  of  atUdavit  of         iih-d  ,  folios  5,  for  ]\Ir.  0     18 

Making  biief  copv  allidavit  of  the  otiicial  li([uidator,  filed  folios 

.-),  for  Mr.  ■ 0     18 

Making  two  brief  copies  of  shorthaml  writer's  notes  of  proceedings  on 

tlie  ,187  ,  each  for  counsel,  at  per  folio  each  .         .         .004 

Making  brief  co])v  allidavit  of  the  otiicial  li([ui<lator,  fded         ,  187 
folios  4,  ami  e.\hil)it  A.  folios  10,  together  14  folios,  for  Mr. 

Attending  Mr.  (J.C,  with  brief' 

Paid  to  him  and  ckrk         ........ 

Attending  Mr.  with  lirief         ...... 

Paid  fee  to  him  and  clerk  ....... 

Attending  Mr.  appointing  consultation 

Paid  fee  to  him  ami  clerk  ....... 

Attending  Mi'.  ap]»ointing  consultation     .... 

Paiil  fee  to  him  and  clerk  ....... 

Wiiting  to  the  olHcial  liquidator  informing  him  the  consultation  was 

to  take  place  to-morrow  morning    .         .         .         .         .         .         .030 

Attending  consultation  when  counsel  advise<l  tliat  tiiere  was  no  case 
of  set-off  by  Mr.  as  he  was  in  the  position  of  the  debtor  to 
tho  company .         .     0   13     4 

Attending  Couit  ad journed  sumnmns  in  p:'.per  but  not  leaelud  .     o   10     0 

I'ai.l  for  olHcc  copyaHidivit  of  ,  folios  4 0     -J     0 

I'erusing  same    .         .  .  .  .  .     (»     1     4 

In  con.sefjuence  of  suggestion  of  the  chief  clerk  tliat  he    woidd   treat 

tlie  circular  issued  in  last  as  a  call  order  if  we  proved  service 

of  same,  ilrawing  and  engrossing  affidavit  of  and  and 

,  folios  K 


0 

4 

8 

0 

13 

4 

7 

12 

0 

0 

0 

8 

4 

0 

0 

0 

0 

8 

2 

9 

6 

0 

0 

8 

1 

3 

0 

Preparing 
I'aid    comi 


I'aid  commissioner  taking  thice  de]ion(nls'  oaths  and  niarkiu: 
exiiibits  .......... 

Makiii;^'  lojiy  atlidavil  to  be  niaiked  as  an  otiice  co|iy 

I'aid  filing  atlidavil  ........ 

Paid  for  ollice  copy     ......... 

Attcaiding  adjourned  summons  for  a  iialance  order  w  inn  tin;  ciiie 
clerk  desired  to  consider  the  evidence,  and  we  wen-  to  see  him  ii 
a  day  or  two  .......... 

"Writing  to  tlie  official  li«iuidator  with  a  list  of  tiie  dMcunients  rii|uire( 
to  be  produced  before  the  cliief  clerk  to-day 


0     8 

0 

0     3 

0 

0    7 

0 

0      L' 

8 

0      ti 

0 

0      1 

4 

0   13 

4 

0     -2 

0 

OriRIAL    LKjllUAToK  S    COSTS.  'Ml 


Atti'inlin^'  tlie  ailjuurm-il  suiiuiniiis  a;,'aiii.st  tlio  dircctni-s  )in<l  jim- 
cietlt'il  when  an  onli-r  was  inailu  aj,'aiiist  ,  luit  tin-  apjili- 

catioii  fur  the  siiiic  cinlcr  against  was  a<ij<iiirin<l  to  tlji; 

yn\^f    upon  a  i>rfIiniiuaiT  ol»jerticin  that  tlic  C<>uil  liad  ji>>juri>- 
ilirtiiiii  tu  niiike  the  onlcr        .         .         .         .         .         .         .         .     0   1.1      I 

Writin;,'  ti>  Mr.  inrunuiii^  him  nf  the  wilhilrawal  of 

appeal,  and  that  an  oitler  Wiis  niatle  to-ihiy  n;,'ainst  liis  client  .     0     3     n 

Wiitiii;,'  a  similar  letter  to  &  Co.,  inforniin;,'  them  that  an 

i«nh-r  was  made  to-ihiy  a^'ainst  their  client      .         .         .         .         .Old 

^Vritin^'  to  the  othiial  linuidatur  re<|U«-stiii^'  him  t<<  let  us  liavo  hy 
beaix-r  cujiies  of  reeeipt.s  if  any  fur  cuntributinns  by  ,  and 
ali^o  copy  of  the  minutes  in  the  Iniok  jirixluced  l>efore  the  chitf 
eh-rk  ye.stenlay  relating  to  the  managing  director  and  clerk,  attend- 
ing with  siinie 0     .'»     0 

Drawing  brief  for  counsel  to  ajijiear  on   Khalfofthe  oHicial   lifjui- 

dator  in  supi>ort  of  his  claim  against  ,  f<dios  70  .         .         .     3   10     0 

Making  fair  topy  of  same,  folio.s  70,  co]>y  summons,  folios  .'>,  nllidavit 
of  filetl  ,  1878,  folios  4,  aflidavit  of  olhcial  lnjuidator 

fih^l  the  ,  1878,  folios  (5,  and  affidavit  of  othcial  liijuidator 

liled  the  1878,  folios  10,  together  !J.".  folios  for  counsel  .         .      1    11      ft 

Attending  ooun>el  with  s;ime      .         .         .         .         .         .         .         .     o     «>     H 

Paid  fee  to  him  and  clerk  .  .  .         .         .     2      l     (> 

•Making  fair  cony  of  brief,  folios  70,  copy  summons,  folios  5,  athdavii 
of  liletl'  ,  1878,  folios  3,  iithdavit  of  olh.-ial  li'iuidator 

tiled  ,  1878,  folios  4,  and  athdavit  of  official  licpiidator  tiled 

,  1878,  folios  10,  together  1)2  folios  for  Counsel      .         .         .      1    10     8 
Attending  counsel  with  s;inie      .         .         .         .         .         .  .     »•     •>     s 

I'aid  fee  to  him  and  clerk i'     4     <» 

•Making  fair  eopy  of  brief,  folios  70,summons  folios  10,  allidavit  of 
lih'd       ,  folios" U),  affidavit  of  othcial  li<|uidatnr,  hl.d        1S7  ,  folios 
•24,  affidavit  of  filed  ,  1877,  folios  8.  athdavit  of  hied 

1878,  folios  ft,  athdavit  of  the  official  litjuidator  tiled  , 

1878,  folios  lo,  affi<lavit  of  hied  ,  187  ,  folios  4,  nnd 

athdavit  of  the  otlicial  litjuidator  lilcil         ,  1^7  ,  folios  10,  together 

l.')7  folios  for  counsil 2124 

Attending  counsel  with  snm  0     0     8 

I'aid  lee  to  him  an<l  <  hrk  2     4     G 

Attending  co\ins(l  appointing  conicu  nee   .  .     O     ti     8 

Paid  fee  to  him  nnd  clerk .10     0 

Attending  Me.ssrs.  ,  solicitors  for  ,  on  tlnir  railing  and 

wishing  lis  not  to  proceed  with  the  order  in  their  client's  cam- 
until  the  (piestioii  of  jiiristliction  had  In-en  decidi**!,  and  conferring 

with  them  thereon 068 

Writing  to  Me>ai-s.  &  Co.  in  rejdy  to  lluir  letter,  and  inform- 

ing them  we  sliouhl  not  object  to  tlu-ir  leading  athdavit  in 

opposition  to  our  summon?,  although  it  w;is  tiled  after  theeviilenee 
was  dosed        .  .  .  .  .  .  .  .  .  .  .     0     3     H 

Writing  to  the  othcial  liquidator  with  othce  co]>y  athdavit  of 

for  his  ]ieru.sil         .  .         .  .  .036 

Attending  Messrs.  &  Co.,  solicitors  for  accordingly  in 

lefen-ncc  to  the  suggo.Mion  of  the  chief  clerk,  and   tluy  fully  e.x- 

^  MKMoRAxnrM.— Ttio  it4-ini«  tnarloti   witli  a   *   wrrr  «piin«l   i-tJirr   inrtin  wh»  had   flird  in 
o|i|'i>Kitii>ii,  and  in  iK>uir  t-aum  tlir  fair  C"\-y  \>ii>:t%  wrrr  ni>t  »>  luaii)  fulU'n  in  IcnglU. 


902  APPENDIX    111. 


(}. 


plained  to  us  the  nature  of  their  further  ohjecti<m^^  and  aj^n-eed  t( 
attend  any  appointment  for  the  jmrpose  .         .         .         ..036 

Attending  Court  all  day  on  adjourned  summons  of  ,  same  in 

jiaper  but  not  reached     .         .         .         .         .         ■         •         ..0100 
"Writing  to  the  official  licpiidutor  and  informing  him  tliat  the  chief 
clerk  had  now  decided  that  he  could  not  make  tlie  balance  order 
and  that  we  had  obtained  an  aiqMiintment  for  inst.  in  order  to 

adjourn  .same  to  the  judge 0     2     6 

Attending  the  official  li(|uidator  conferring  with  him  fully  as  to  the 

points  raised  by  as  to  the  alleged  claim  of  set-off  ami  informing 

liim  generally  as  to  the  amount  of  the  claims  against  the  company 

whicii  Wduld  render  the  right  of  set-olf  nugatory  even  if  established     0     6     8 

Attending  Court  all  day  on  adjourncil  summons  of  ,  same  in 

paper  but  not  reached 0100 

"Writing  to  Messrs.  &  Co.,  solicitors  for  ,  recpiesting  to 

know  whether  their  client  was  prepared  to  submit  an  amended 
offer  of  compromise  for  consideration  of  the  official  li(juidator         .036 
"Writing  to  the  official  liquiilator  rcfiuesting  him  to  make  an  early 

appointment  tu  go  through  -with  him  the  dutstanding  claims  .036 

Writing  to  Messrs.  &  Co.  retpiesting  to  know  whether  Ihey  now 

appeared  for  Mr.  .         .         .         .         •         •         ■         .036 

Having  ol)tained  an  appointment  to  attend  before  the  chief  clerk  to 
proceed  on  the  objections  of  to  an  (jrder  being  made  on  our 

adjourned  summons,  notice  thcriMjf  to  Messrs.  &  Co.,  copy 

and  service      .         .         .         .         .         .         .         •         •         •         .040 

"Writing  to  Messrs.  &  Co.,  solicitors  for  ,  and  informing 

them  that  the  chief  clerk  had  suggested  the  })roi)riety  of  dealing 
with  all  the  directors'  ca.ses  at  the  same  time,  and  that  he  re(piired 
that  the  further  ol>jecti<ms  which  they  stated  it  was  their  intention 
to  urge  should  be  stated  before  him,  and  giving  them  notice  of  the 
appointment  before  the  chief  clerk  for  that  purpose         .         .         .036 
Notice  of  this  ajipoiiitnicut  to  the  (.lliii.d  liijuid.itoi',  copy  and  scivice 
of  same  ........ 

Drawing  order  against  ,  folios  4 

Making  copy  of  same  for  Mes.srs.  &  Co.,  his 

Having  obtained  an  a])pointmeiit  to  Seltlr  this  orih 
(jf  same  on  Messis.  .... 

Drawing  order  against  ,  folios  3 

Notice  to  settle  same,  copy  and  .service  on  Messrs. 
Atlentling  the  official  li(iuidator  l)y  ap])ointnient 
entire   list   of  ouistandiiig   claims  and   advisinj 
should  be  admittiMl  on  ne.\t,  (engaged  a  very  long  time  .      Ill     G 

Writing  to  Me.ssrs.  ,  Hi>licitois  lor  ,in  reply  t<>  their  letter 

of  the         inst.,  and  informing  them  we  Iru.^led  they  wouM  be  jdile 
to  Hellle  this  liefore  taxation    .  .         .         .  .036 

Making  copy  of  letter  received  IVoiu  .MessrH.  it  Co.,  ami  writing 

to  the  official  liipiidator  with  same  .  .  .  .  .     (i      1     (> 

Paid  for  offi<'eco],y  alii. lavil  of  ,  folios  !) Old 

T'erusing  same    .  .  .  .03(1 

Attending  Court  all  <lav  on  a<ljourni'd  siininions  i>r  .-aim,  in  ]i;i|>ei  Inil 

not   reachefl     .  .  '        .       ' 0   10     0 

Attending  flic  '-ffici.d  lii|Uiilator  piiof  to  atteixling  the  Court,  this 
moniing  and  conrening  with  him  as  1o  the  paper.  rei|uiiiil  to  lie 
piod'ic""!  .  .  .  ■  .068 


0 

1 

6 

.  * 

0 

4 

0 

licitors 

0 

1 

4 

copy  and  service 

0 

4 

0 

. 

0 

3 

0 

his  solicitors 

0 

4 

0 

ling  through   the 

IS    to  ^\■hat    ]>ail, 

OFFICIAL    l.lvl  H'AIok's    toSTS.  i'O.'J 


Writing  tn  Nft-a^rs.  Holiiitoin  fur  in  kin>\vlf«lj;iii)^  ri-c«i|it  nf 

tlnir  Utter  (-••ut4iiiiiii^   furthir  |ini)M..-iil   ami  iiiforiiiiiii^  tlnjii   \\r 

wuiiM  Miliiiiit  it   to  till-  (plliiial  li<iiiitljitnr 0     3     Ti 

Makiiij*  copy  of  Messrs.  &  ('<>.  s  letter,  and  w  ritin;,' to  tlie  oHh  ial 

Ii<Hii(lat<>r  with  sjuiie       .  .  .         .  .  .  .     0      I     H 

AtieiKliii;;  Court  all  day  on  adjo\truod  siiniinons  of  wiiiip,  in  ]i.i]Nrbtit 

not  reaelieil     .  .  ' 0   10     0 

Attending,'  appointment  U'lore  tlie  chief  rleik  when  after  much  di-- 

cu»ion  smie  was  adjouimd    .  .  .         .  .  .         .110 

Writiii;,'  to  the  ollicial  liquidator  with  ithie  C"i]iy  afli<la\  it  of 

lor  his  jierusid         ..........     O 

Atteudin;,'  Mcvsrr*.  ,  solicitors  lor  ,  on  their  callin;,'  in  Ion;,' 

cunfereiice  as  to  the  proposed  oiiUr  to  ]»■  made  heivin    .  .         .     0     '!     H 

Atteuilin;,'  the  ollicial  liipiidator  in  very  Ion;,'  interview  as  to  the  pro- 

po.sed  apjdication  for  a  balame  onler       .  .         .         .  .     0     G     ft 

Atteiidinj^  before  the  jud;,'e  upon  the  adjourned  suuinioDS  for  n 
I'.dance  onler,  and  his  lordship  deciiled  that  we  ou;,'lit  to  si-r\'e  the 
summons  and  we  were  dir<'<  ted  to il.i  hu  .         .         .     0  l.'l      1 

Drawiu),' onler  a;,'aiu>t  ,  folios  3 0     3     0 

Notice  to  .settle  .siiuu-,  copy  and  service  on  &  Co.,  their  solicitors     0      10 

A t tend in;^  adjourned  appointment  h. -fore  the  chief  clerk  when  after 
hearin;,'  and  the  objections  advanced  by  them  res|M(  - 
tively  on  Uhalf  of  and  a;,'ainst  an  order  U-iu;,'  made  on 
the  adjourned  summons  for  the  directors  to  jwiy  £  aish  into 
Court  we  referred  the  chief  clerk  t<i  the  shorthand  writer's  note.s  of 
(he  procoedin;,'S  before  the  jud;,'e  in  the  c;Um-  of  ,  when  the 
chief  clerk  referred  the.se  c;i.s«s  to  the  jud;.;e 0   13     4 

Writiii;:;  to  the  ollicial  li«iuidator  and  informin;,'  him  that  the  chief 
I  lerk  had  adjourned  ami  ciises  to  the  ju<l;,'e,  and 

n  ffuestin;,'  him  to  send  us  a  statement  showiu;,-  who  wen-  the 
din-ctors  of  the  comjjany  and  the  numl^'r  e\i>tin;,'  from  the  com- 
mencement of  the  comjiany  to  the  187  .         .         .     0     3     (i 

^\'ritin;.'  to  Me.'i«rs.  v'^:  Co.,  informing,'  them  wi-  8hi>uld  api>«-ar  by 

I  ounsel  in  suiUMirt  of  the  ailjourned  .summon.s  .     <•     3     r» 

W rit in;,' a  similar  letter  to  Me.>>.-rs.  tS:  Co.  .  .0     3     G 

Writin;,'  U>  Messrs.  &  Co.  with  notice  U>  .s«'ttle  dnift  onUr 
c.u  the  040 

Writing  to  Messrs.  in  reply  to  their  letter  as  to  the  jmymeiit  of 

their  client  Mr.  claims  and  informin;^  them  at  piis«-nt  tin- 

•  hief  clerk's  cert ilicate  as  to  tin- claims  had  not  Wen  wtlleil  .         .     0     3     <"> 

Makin;,'  copy  of  Meiv^rs.  letter  n.s  to  iheir  client's  claim  U-in;.; 

)>aid  in  full,  and  writing;  to  the  olHcial  liipiiilator  with  luiiiie  and 
thereon  .  .  .  .  •  •  -  .      •'      4      d 

*.Makin;,'  copv  of  brief,  folios  tJl,  copy  s«immonR,  foli.w.  4,  alliilaxit  <>r 

tileii  \H~  .  folios  (i,  allidavit  of  ollicial  li<|uidator  fih-tl 

187   ,  folios  10,  allidavit  of  ollicial  li.|uidalor  Ijled  ,  1^7  . 

folios  10,  allidavit  of  filnl  IS7  ,  foli.m  ."i,  and  atlidtt\it 

of  tiled  .  1S7  ,  folio.^O,  t«■^;ether  102  foli.wj  fur  counml      I    13     4 

Attondin;j  couns«d  with  same 0     (5     8 

Paid  foe  to  him  and  clerk  .         .         .         .         .  .     J      I     '■; 

•Makin;,'  fair  copy  of  brief,  fnljns  'jO,  copy  suiniiloiiA,  fulio.*  4,  aftiJavii 

•  Till*  ni.iii..r.>ii.\iim  it  ih.  f-  I  .-f  ]«•'•  '■ot  rrfrr*  »l»«t"  Ih*"  Itrna  marVrl  ' 


1 

13 

4 

0 

6 

8 

2 

4 

6 

same  in 

0 

10 

0 

same  in 

0 

10 

0 

saiiio  in 

0 

10 

0 

904  APrEXDix  HI. 


of  ,  fiU-.l  ,  187  ,  fulios  12,  cxliibits  niarlicd  A.,  B.,  C. 

and  D.,  folios  16,  and  aHidavit  of  (iHiciallii^uidatnr  tilid  .  187  , 
fnlios  20,  tof^^ether  102  folios  fur  cdunst'l 

Attondini,'  counsel  with  same     .         .         .         . 

Paid  fee  to  him  and  clerk  ..... 

Attending;  Court  all  day  on  ailjourned  summons  of 
l)ai)er  but  not  reached     ...... 

Attending'  Court  all  day  on  adjourned  summons  of 
l)apor  but  not  readied     ...... 

Attending  Court  all  day  on  adjourned  summons  of 
]»aper  but  not  readied     ...... 

Attending  before  tlic  judge  in  diambers  in  supjjort  of  oilicial  licjui- 
dator's   claim  against  ,  when  it  -was  argued  on  behalf  of 

that  the  Court  had  no  jurisdiction  to  make  the  order  u]ion  every 
director  who  acted  as  such,  inasmucli  as  other  directors  had  been 
appointed  in  the  place  of  ,  but  his  lordship  setth'd  that  accor- 

ding to  the  articles  of  association  was  liable,  and  he  was 

ordered  to  pay  the  £         ,  and  also  pay  tlie  costs  of  this  application 

Attending  before  the  judge  at  chambers  in  support  of  official  liqr;i- 
dator's  claims  against  Mr.  ,  Mr.  ,  Mr.  ,  and 
Mrs.  ,  when  tlie  judge  made  an  order  for  all  of  them  to  pay 
£         oadi       .         .         .    ' 0  13     4 

Attending  shorthand  wiiter  and  reipiesting  him  to  take  notes    .         .     0     G     8 

Attending  Court  on  adjourned  summons  of  when  order  maile 

upon  the  summons  setting  aside  his  claim  in  respect  of  set-olf  and 
f>rderiiig  the  fund  to  be  transferred  to  the  official  li([uidator's 
account  at  the  Bank  of  England,  and  Mr.  was  ordered  to  pay 

the  official  li([uidator's  costs  of  the  application         .... 

Paid  sliorthand  writer  taking  notes  

Attending  at  the  Paymaster-General's  office  bespeaking  certificate  of 
fund  in  Court  to  account  entitled  Directors'  Contributories  Account, 
and  afteiwards  fcjr  same  ........ 

Attending  the  registrar  with  brief  and  jiapeis  and  besjieaking  draft 
order  of         inst.     .......... 

Attending  Mr.  this  moiiiing  in  reference  to  drawing  up  llu; 

order.s  made  in  tlie  cases  of  ,  when  lie  stated  tliat 

one  order  would  be  sufficient,  whicli  we  thought  wtiuld  occasion  a 
difficulty,  and  subse(|uently  attending  with  ]\lr.  before  chief 

clerk  upon  the  subject  and  urging  that  in  those  cases  whicli  the 
directois,  liad  ojjpoKcd  and  the  juilge  ordered  them  to  pay  costs 
there  should  be  a  distinct  order  so  that  no  dilliculty  would  arise 
witli  the  Paymaster-Geneial  the  order  re(iuiring  that  the  aniouiit 
should  \>c  ])aid  into  Court,  but  the  chief  clerk  stated  he  thought 
although  the  orders  u]»on  several  <!irectors  were  not  made  at  the 
Kline  time  and  some  were  ordered  to  pay  costs  there  should  be 
but  one  order  for  those  directors  whtse  names  apjieanMl  on  his 
iiofe.s       ............ 

I)i"i\ving  ordei' ol' ill.'  i:i~l;inl ,  fclius  12  ....  . 

Atli'iKling  before  llii- (liicf  <liMk  scllling  sanif  ..... 

Writing  to  tlie  official  lii|iiiilator  infoiiiiiiig  him  \M'  liad  sdllrd  ijic 
firaft  order  against  the  direc.tors,  and  llu;  time  for  llu^m  lo  pay  in 
wa."?  fi.xeil  fop  the  iiro.xiino      .  .  .  .  .  .030 

Attending  the  legistiar  with  draft  order  settled,  and  besjieakiiig  lii.s 

draft  of  same 0     O     8 


2 
1 

2 

1 

0 
0 

0 

6 

8 

0 

G 

8 

0  i; 

?     t 

(»    1; 

>      0 

0  i; 

{     4 

Ori'li  lAI.    l-I\>lll'Al<'irs   COSTS.  'JOo 

i,    ..    <l. 

AN'riliii;,'  to  the  ofiicial   lifjuiilattir  iukii«i\vltMl;,'inj^  ivcoipt  of  \m  of 

}cstcnlay"s  date,  and  iiiloniiiiij,'  hiiu  \vv  woulil  intimate  to  Mc'Kj<rs. 

tliat  till-  terms  lie  was  iirc]taiT<l  tn  i(>mi>r<iinise  with 

,  and  must  Ik-  aicc'iitrd  within  a  week  .  .030 

W'litin;,'  ti)  Mi'ssrs.  i^  Co.,  intimating;  t<»  tlnni  iIk-  ttrnis 

tlie  Dffirial  liiniidatdr  was  jinparcd  to  atcn-di-  to     .  .         .0     H     0 

rnparin^,'  summons  for  lialancc  a^'ainst  all  the  conlrihutorieH  Ret 
fortli  in  the  lir>t  and  second  columns  of  the  schedule  thereto  an- 
nexed, who   iia.l   heen  settled  on  the  list  of  contrihutorief,  and 

attending' at  Cliamliers  to  ^et  same  sealed (•   13      I 

Makin:,' copy  uf  schedule  to  annex,  folios  l'.'JC)    .  .     3   1^     s 

1 'aid  stamping' s;ime  .  .  .  .  .     <•     3     0 

( 'lose  cojty  tlnift  oilier  of  instant,  folios  li'  .     <)      I     o 

Notice  to  sittle  same,  (!  copies  and  service 0   Id     «) 

Attendin.,'  Uefore  the  registrar  settling,'  draft  onler  .110 

Notice  to  pass  .siime,  (i  copies  an<l  service  .         .         .  .     0   l<j     (5 

Making'  copy  of  letter  received  from  Me.ssix.  ^  A:  Co., 

solicitors  for  ,  and  writinj,'  to  the  oflicial  li<[uidator 

with  stune 0      I     H 

( 'lo.^e  copy  of  draft  ordei;  of  the  iM>tant,  folios  «i        .  .  .     0     2     (J 

Notice  to  settle  s;ime,  copy  and  service  of  same  on  Messrs. 

.'s:  ( V) 0     10 

Wiiting  to  Messrs.  &  Co.  in  reply  to  theirs  of  yestonlayV 

date,  and    informiii;,'  them  we  cjuite  a;,'reeil  with  them  that   two 
orders  should  l)e  dr.iwn  u|)  a^-ainst  their  client  ,  and  it 

was  ultimately  iKcided  that, after  the  live  conte.'^ted  cases  liad  been 
dealt  w  ith  hy  the  jud;.;e,  one  order  only  .should  be  drawn  up  .030 

Alten.lin^'  before  the  registrar  and  settling  draft  onler  of  the 

instant 0  13      J 

( 'orrecting  proof  of  order  of  instant,  folios  1 1'  .  .  .  .0-20 

Paid  foror.ler O     .')     0 

Attending  jiassing  sanu- .0131 

Attiinling  the   l'aym;i.>ter-(Ieneral  with    this  oi-der  and   be>j>eaking 
his  directii-ns   for   payment   of  money  into  Court,  and  alterwanls 
lor  same  .  .  .  .  •  .068 

.\ttending  Wfore  the  legistrar  and  settling  dnift  ttrder  of 

in.xtant    ........••■• 

Notice  to  ]ia.«s  .same,  copy  and  sei  vice         ...... 

( 'on  ecting  proof  of  this  onler,  folio.s  «;       ...... 

Paid  for  .siime  order  .... 

.\i tending  to  pass  unuu-      ...... 

Attending  at  the  Paymasler-(  ieurial  >  otiice  |oi  hi-  tlMe<  iidi-.  i..  p.iy 
iu  £  ,  when  he  re<|uiriHl  the  christian  names  to  bv  iiiMittd 

in  the  order  before  the  directions  could  i.ssue  .... 

Writing  to  .Me>-r>.  &  Co.,  for  the  chri.'<tian  name  of  their  client 

Writing  to  Messrs.  in  reply  to  theii.s  of  the  instant, 

and  informing  lliein  unless  the  £  was  forthwith  i>aid.  an<l 

the  remaining  £  paid  within  the  jieriiKl  already  stule«l  to 

them,  we  should  have  no  alternative  but  continue  the  proceedings 

against  their  client .030 

\\iitiiig  to  the  ofh.i.d  li<|ui.1ator  iu  rej.ly  to  hiu  two  letters,  and  in- 

forniing  him  we  had  wiitteii  again  to  Messrs.  .     0     .3     0 

]>riwing  and  fair  cojiy  re«pi«-st  for  £  to  ]x'  transfcrnd  to  the 

otlicial  li-iui'!a'ors  account  at  the  I'.ink  of  England        .         .         .0 


0   13 

1 

o      1 

0 

0      1 

0 

o    .•> 

0 

U   13 

4 

0     »i 

s 

0     3 

(i 

n 


0 

3 

6 

0 

6 

0 

6 

0 

6 

0 

6 

0 

6 

0 

G 

8 

DOG  APPENDIX    11  [. 

&     s.     d. 

Wiitiiij:;  to  the  official  lit^uidati  r  llicrewitli,  and  requesting  liini  to 

sign  and  return  same 036 

Having  obtained  tlie  order  of  instant  altered  and  entered, 
atteiiding  at  the  Paymaster-General's  office  for  the  directions  to 
pay  in _  •         •         •         .008 

Writing  to  Messrs.  &  Co.  and  informing  them  that  we 
had  obtained  the  directions  for  payment  into  Court  by  their  clients 
of  £  eacli,  and  requesting  tliem  to  inform  us  if  they  would  be 
prepared  to  pay  same  into  Court  within  a  week,  in  wliich  case  their 
clients  need  not  be  served  with  the  order 

The  like  to  Messrs.  ,  solicitors  for 

The  like  to  Messrs,  ,  solicitors  for 

The  like  to  i\Iessrs.  ,  solicitors  for 

The  like  to  Messrs.  ,  solicitors  for 

The  like  to  Mr.  ,  solicitor  for         _  .         . 

Attending  Messrs.  &  Co.  on  their  calling  with  reference  to 

our  letter  to  them  of  yesterday's  date,  and  exphiiuing  that  terms  of 
arrangemt-nt  had  been  proposed,  and  we  Avere  to  write  them  thereuu 

AVriting  to  Messrs.  &  Co.  in  y(i]Aj  to  their  letter,  and  inform- 

ing tiieni  that  we  should  proceed  to  enforce  the  order  against  their 
clients  which  we  had  hoped  to  aA'oid  incurring  the  expense  of        .036 

"\^'riting  to  Messrs.  &  Co.  in  reply  to  theirs,  and  enclosing 

tliem  the  directions  for  their  client  to  pay  £  into  Court        .036 

The  like  letter  to  Messrs.  and  Messrs.  .070 

"Writing  to  the  official  liquidator  in  reply  to  his  letter,  and  acknow- 
ledging the  receijit  of  request  to  tiansfcr"  £  duly  signed 
and  tliereou    . •  .036 

Attending  the  rayuiasler-General  \\\\\i  same  and  cider  of 

instant,  and  Ijespeaking  transfer 0     6     8 

I'aid  for  same ....         .040 

Preparing  endorsement   tor  ]ieisoiial  ser\iee  on   four  prints  df  oi'der, 

together  3  folics 0     10 

Cojiy  an<l  service  of  same  on  ,  at  .         .         .     0     ,")     0 

Wiiting  to  Messrs.  ,  requesting  to  know  it'  they  wouhl 
accept  service  of  order  on  liehalf  of  ,  so  that  Ave  need 
not  .serve  him  personally .     0     .'5     6 

Not  having  received  any  icply  to  our  letter  of  ultiiim  fnim 

Mr.  ,  Avriting  liim  again  and  requesting  liim  to  let  us 

know  wliellier  lie  would  accept  sei'vice  of  oi'der  for  his  client         .     0     3     6 

"Writin"  to  IMessrs.  i^  Co.,  informing  them  that  we  liad 
«.l>tained  directions  fur  their  client                          1o  pay  in  £  , 

and  re([uestin^f  Ui  kimw  Avliat  detinite  ]iro]ins;il  tliev  liad  to  make 
on  his  behalf "       .  ..036 

Having  received  a  letter  from  Messrs.  ^:  Co.,  solicitors 

j(,i-  ,  iis  to  tlie  I'ccei])!  oi'  £  In  tlieir  client,  whicii 

tlx-y  ]>rojio.sed  to  ri:tain,  writing  them  in  i  eply  and  inroiiniiii;  them 
that  tiie  arrangement  .'<liould  Ije  carried  out  at  once  by  ]iayiii,L;  the 
£  down  and  the  balanee  within  3  montlis     .         .  .  .036 

Makin;,'  copy  of  Messrs.  »t  Co.'s  letter,  ami  writing  to 

tlie.  official  liquidat(jr  thereon,  and  infniniing  him  we  bad  written 
to  them  to  carry  out  the  arrangement  witlioul  lurtlier  delay 

rVqty  and  service  r.f  firdor  of  the         ultimo  on  ,  at 

.Making  copy  order  of  bi-t,  f.r  tlie  ^iiinler,  \\,]\<^  \ 

Revising  and  eorrecting  I'liMif 


0 

4     6 

0 

T)     0 

0 

1      4 

0 

0     8 

(•Fl'IrlAL    LH.MIHATOU'S   tUSTS.  'JU7 

ic     ..      ''. 

Vnk]  printer's  chai>;e.s 0    9    0 

Makiii},' copy  suniinKiis  of  tliL-  la>;t  lor  tin- pi  inter,  loli..o        .014 

IU'vi.siii^  and  concctiii^'  pr<Kif 0     0     H 

I 'aid  pnntii's  charges         .         .         .         .         •         .         .         .         .     :i  lii     0 
Making  co]))-  of  Icttt-r  fntni  Messi-s.  &  Co.,  and  wriliu;,' 

to  till'  olliiial  liipiidator  with  same  and  tliorrun      .         .         .         .040 
AtttudinL,'  lillin.L'  up  ri-<pU'St  for  £        i)aid  into  Court  liy  , 

to  lit' taken  oil  di-posit 0     2     0 

Attending.;  tlie  l'aynuu<ter-Gfnerul  witli  Siinic 0     '»     8 

Writin-,'  to  Mes.<rs.  ,  solicit  or.-<  for  ,  in  nply 

to  theirs  of  the      instant,  and  informing  them  wr  would  fommuni- 

eate  with  till' otlicial  liipiidator  on  Sixme 0     3     G 

Making  tojiy  of  Messrs.  &  Co.'.s  Icttei-,  and  writing  to 

the  olhcial  liiiuidator  with  Siime,  and  refpie-sting  to  know  whether 
he  had  any  objection  to  give  till  the         to  pay  in  her  £        0     1     r» 

Attending  at  to  .serve  with  cujiy  onhr  of 

ultimo,  when  We  Were  infornieil  he  was  out  of  town       .         .     0   lo     Q 
Attending  at  the  to  .serve  with  ropy  onler 

of  the  ultimo,  Avhen  We  were  informed  he  was  abroad         .     0     ."»     0 

Attending   at    the   ollieial   li(iuidator'.s   in  vi-ry  long  conference  in 
reference   to   outstanding  matters,  and    ]>articularly 
case,  and  receiving  his  instructions        .         ,         .         .         .         .008 

Writing  to  Messi-s.  in  rejily  to  their  letter,  and  informing 

them  that  we  were  instructed  to  .state  that  their  client 
could  have  the  time  extended,  ]irovidcJ  she  undert<Mik   to  piy 
interest  on  .sime     .         .         .         .         .         .         .         .         .         .030 

Writing  to  Mr.  and  informing  him,  unless  we  heard  from 

him  in  the  course  of  to-moirow  that  liis  client  had 

paid  the  £  into  Court,  we  shonld  be  compelled  to  .serve  him 

personally  with  copy  onUr    .         .         .         .         .         .         .         .1130 

Attending  .summons  taken  out  on  behalf  of  for  further 

time  to  pay  in  £  ,  .siinie  allowed  upon  hei  undertaking  to 

pay  at  the  rate  of  .')  per  cent,  for  interest 0     (5     8 

Making  copy  of  letter  received  from  Messrs.  v^  ( 'o.,  antl 

writing  the  otUcial  li<iuidatoi- with  .s;ime (»     4     0 

Attending  at  the  Report  Othce  and  be.speaking  (»  jdain  copies  of 

oitler  of  the  ultimo,  and  afttrwards  for  .sjinie         .  .     o     Ji     R 

Paid  f<.r. same 0     G     o 

Attending  at  tlie  raymaster-Geueiid's  Ollice  and  obtaining  onhr 
directing  transfer  of  's  £  ,  with  note  thereon  that 

tramsfer  luid  taken  jilace 0     0     R 

Engiiged  filling  uj)  and  directing   I13tt  copy  summons  for  balanto 

ordei-s.andaildressingenvelopes  to  the  contribulories  at  1  .<.(!</.  i-ach  84   l.">     0 
Paid  posting  .sjime  .         .  .         .         .         •         .         .     4   11     2 

Attending  the  oHicial  litpiidator  in  very  hmg  conference  in  refenMJCe 
to  the  directors'  £  guaninteed  jvirticularly  as  towhetlier  the 

the  policy   holders  should   enforce  the  guarantee  as  against  the 
directors,  and  advising  him  very  fully  thereon       .         .         .         .110 
Drawing  list  of  jicrsons  who  had  paid  their  contributions  up  to  thi.s 

date,  folios  40 2     0     0 

Attending  the  ofHcial  licpiidator  in  very  long  ronforcncc  in  reference 
to  the  amount  now  received  from  the  contribulories,  and  also  as  to 
the  nece.s.sarv  materials  wc  should  be  furni.«hed  .is  to  the  din^clora' 
liability  in  resi>ect  r.f  the  i,"  guar.intc<- lit' 


908  APPENDIX  iir. 


Attending  the  official  li(iuiilator  conlViriiiL;  Mitli  liini  again  at  great 
length  with  reference  to  the  £  gnarantee,  and  a8  to  the  points 
atlectiiig  the  liability  of  the  diiectors,  and  conferring  with  him 
thereon,  and  taking  his  instructidns  

flaking  fair  copy  of  otticial  liijuidator's  second  account  in  duplicate, 
fuli(js  65  each  ......... 

Drawing  and  engrossing  alfidavit  of  ,  Aerifying  service 

of  copies  of  summons  for  balance  order,  folios  28  . 

Preparing  2  exhilnts 

Preparing  summons  for  to  show  cause  why  he  should 

nut  be  ordered  to  pay  £  into  Court,  and  attending  at  Chambers 
ti)  get  same  sealed  .......... 

Paid  stamping  same  .......... 

Making  copy  of  same  to  leave  at  Chaiulters        ..... 

Cojiy  and  service  of  same  on  ...... 

Preparing  summons  for  to  show  cause  why  he  should 

not  be  ordered  to  pay  £  into  Court,  and  attending  at  Chambers 
to  get  same  sealed  .......... 

Paid  stamping  same  .......... 

Making  copy  of  same  to  leave  at  Chambers        ..... 

C<i])y  and  service  of  same  on  &  Co.         .... 

Pieparing  summons  for  to  show  cause  why  he  should 

not  be  ordered  to  pay  £  into  Court,  and  attending  at  Chambers 
to  get  same  sealed  .......... 

Paid  stamping  same  .......... 

Making  copy  of  same  to  leave  at  Chambers        ..... 

Coi>y  and  service  of  sanu' on  &  Co.         .... 

Attending  the  oihcial  liipiidator  and  conlVrring  witli  liiui  in  icference 
to  case,  and  upon  tin-  subject  of  tlie  ])ayment  by 

the  dii'ectors  of  £  guarantee,  which  lie  desired  sliould  be  en- 

forced if  possible,  and  advising  him  generally  upon  the  matter, 
engaged  a  long  time,  and  we  were  to  consider  the  matter  in 
reference  to  the  steps  to  be  taken  . 

Cojiy  and  seivice  of  order  of 

lnstructi(jns  for  affidavit  of  oflicial  li<piii 
account  of  receipts  and  payments  . 

Drawing  same,  folios  0       .         .         . 

Engiosbing  same         .... 

Pieparing  2  exhibits  .... 

Making  co]iy  of  letter  received  from  the  ie])i'esentati\e  of  , 

deceased  c<iiit  libulory,  ;iii(l  writing  to  tiie  olhcial  li([uidator  witli 
.sime       .         .         .  .         .         .         .         .         .         .         .     n     -1     G 

Alti'iidiiig  .Mr.  ,  solicitor  for  ,  on  liis  calbiig,  conl'ei- 

jing  with  him  at  coiisi(h;rable  length  as  to  the  i>osilion  of  , 

tliis  direclfH',  who,  it  n])])('ared,  ]ia<l  l)een  involved  to  the  extent  of 
£  ,  but  we  deidiiud  to  aihjw  tiie  summons  to  stand  ovei-      .     O     fi     S 

l!;struction«  for  aJliihivit  of  the  oliiciul  li(pii<lator  proving  posiliou 
occupied  by  Mr.  in  this  com]iany       .... 

Drawing  same,  folios  5       ......... 

Prejiaring  2  exhibits  ......... 

Writing  to  the  official  li(iuidator  witli  .same  for  hi,<  a]>]ii-oval 

Paid  commi.ssiouer  taking  <ieponent's  oalli  to  liis  affidavit,  and 
marking  exhibits 

Making  copy  of  this  affidavit  to  be  marked  as  an  office  co])y 


1 

1 

0 

2 

3 

4 

1 

8 

0 

0 

2 

0 

0 

13 

4 

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3 

0 

0 

2 

0 

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4 

6 

0 

13 

4 

0 

3 

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0 

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4 

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0 

y^ 

4 

0 

3 

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0 

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4 

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last  on 

0 

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0 

iitoi'  veiil'ying  \ 

liis  .secord 

0 

6 

8 

0 

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0 

0 

2 

0 

0 

2 

0 

0 

(•) 

8 

0 

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0 

0 

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U      1      U 


orni  lAI,    l.l'j!   IDATull's    COSTS.  1>0J) 

t    ».  J. 

l\ii.l  lilii.uatli.lavil (I     2     O 

I'lii.!  lor  oHi.r  iu|.y 0     <)  K) 

Makiiij,' copy  of  atliilavit  voiihiii;,'  soivicc  of  coi.icH  of  >uimiioii.s  lor 
l)aliince  oidt-r  to  In-  iiiaikt-.l  as  an  ollifc  co]»y,  folios  :is  . 

I'aiil  liliiiu  atli'lavit 

I'ni.l  for  olliru  copy 

Attcinliu^'  the  olliciat  liiiuiilalor  on  his  Kfiii;;  swoni  to  tlii.s  alli'l.ivit 
viTifviii;4  liis  xcoiid  aicomit  of  r<'iiM|its  ami  i)ayiiiciits  . 

I'aiil  ctMiumssioiicr  takiii;,' <U'|.oiK-iit's  oath  ami  inarkiii;^  exliii>it.s       .     (J     :J     <> 

Making'  copy  of  this  atli.lavit  to  1)u  iiuirkptl  as  an  otiice  copy, 
folios  n 

Paid  liliiiL,'  atiiil.u  it 

I'aid  for  olliif  copy •  • 

Wiitiii-,'  to  Mr.  ,  tin-  solicitor  for  ,  in  reply 
to  his  httei',  ami  infoiiniii;,'  him  that  \vc  (UcliiiiMl  to  allow  the 
siunnions  to  staml  over,  as  the  circninstaiici-s  referred  to  in  his 
letter  could  not  allect  the  order  to  be  made 0     3     G 

Attending'  Mr.  ,  olli.ial  liipiidator's  partner,  in  very  lon^,' 
interview  in  reference  to  the  diicitoiV  special  k"»>"»"'»*'''  ""'^ 
luirticularlv  as  to  the  clauses  on  the  policies  issn.d  -uhsequently  to 
,  1H7  ,  wherehy  the  diiv.lors  li.iuml  themselves  in 
respect  of  the  -guarantee,  perusing'  and  coiisiderin;,'  In-th  form<  of 
policiea,  and  we  were  to  draw  counsel's  attention  to  this  matter  in 
the  case  to  be  laid  befoie  him 110 

SittiliL'S  leo U   1 J     0 


Michacimas  Sittings,  1878. 

Drawing  notice  of  intention  of  readinj.;  on  the  heuringof  the  -ummons 
a.'ainst  ,  his  atlidavit,  lile.l  tiie  ,  1>7  , 

two  atliduvits  of  the  olli.ial  li.juidator  tiled  respectively  the  _  , 

187   ,  and  the  two  onlers  dated  respectively  ,  187  , 

and  coi'V  and  service  of  SJinie  on  Messrs.  &  Co.,  his 

solicit.!.; .       0  .1  0 

Attending  the  ..tlicial  liniii.lat.a-  this  m.-rnin.,'  and  .•.inferring  witli 
him  a  Cng  time  in  r.-fereme  to  tho  amounts  pai.l  by  th.-  .lin-ct.>rs 
an.l  the  nec.'«.>.ity  ..f  making  out  a  jierfect  li.st,  ^:.'.  ...     0     G     8 

l're])aring  suiumons  f..r  theta.xation  ..f  the  ..lli.ial  li.iui.lator's  bill  ol 
costs  fn.m  the  .late  of  his  aj>i>.>intment  as  such  ..Ih.ial  li.pii.lator 
to  the  day  of  ,  and  atten.ling  at  chambers  t«>get  s.im.- 

sealed     ....•••••••• 

Vaid  stam])ing  same 

Making  c.>i)V  of  aime  to  leave  at  cliamli.i-s 

lnstru.ti.)ns  f..r  atlidavit  <.f  oHicial  li.jui.lat.-r  verifying  secoii-l 
account  as  eiiteiv.l  in  books  in  du])licate 

Drawing  s;ime,  foli.'s  .">       .....••■• 

Kngr.)ssing  sjinie 

l'rei)aring  2  exhibits 

Attending  de}>ouent  to  be  sworn  to  same  .         .  '  ,  •,  ' 

I'aid  commissi. .ner  taking  deponent's  oath  and  marking  e.\hibits 

Making  c.«pv  cf  this  affidavit  to  be  marked  a.s  an  otiice  copy      . 


0 

]:\ 

I 

1) 

n 

() 

() 

- 

U 

0 

G 

8 

() 

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0 

() 

1 

s 

u 

'2 

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0 

G 

8 

0 

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8 

DIO  AIM'KNDIX    in. 

£     s.     iJ. 

Paid  filiii-,'  aiiidavit 020 

Paid  for  office  copy 0010 

AttL'iidin<f  the  official  liquidator  in  long  couference  this  morning 
prior  to  the  appointments  fixed  for  to-morrow,  and  conferring  with 
him  generally  as  to  the  probability  of  obtaining  costs  against  the 
defaulters,  and  arranging  as  to  the  books  and  exhibits  to  be  pro- 
duced, and  the  fcjrmal  evidence  to  be  gone  through         .         .         .110 

On  receipt  of  letter  from  ]\Iessrs.  for  ,  writing 

them  in  reply  that  we  should  take  the  official  liquidator's  in- 
structions as  to  the  ofler  for  com})romise  made       .         .         .         .030 

^Making  copy  of  letter  received  from  Messrs.  &  Co., 

and  writing  to  the  official  liquidator  with  same  and  thereon  .040 

Writing  to  Mr.  ,  s(dicitor  i'or  ,  a  contributory, 

in  rejdy  to  liis  letter,  and  informing  him  that  tlie  order  could  be 
made,  and  debt  proved  against  his  client's  estate    .         .         .         .030 

Attending  summons  for  further  time  for  to  pay  £ 

into  Court,  when  same  adjourned  until  the  instant  to  enable 

Messrs.  ,  her  solicitors,  to  satisfy  the  official  liquidator 
that  delay  would  in  no  way  prejudice  tlie  payment,  as  the  money 
was  perfectly  safe '        .         .         .         .008 

Attending  summons  for  an  order  against  for  payment  of 

£  ,  amount  of  contribution  as  a  director,  Avhen  order  made 

as  asked  by  summons  payalde  before  the  instant,  or  subse- 

quently within  four  days  after  service  of  order,  costs  of  apj)lication 
to  be  paid  by  ;  attending  summons  for  like  order 

against  ,  when  order  made  upon  ])roduction  of  consent 

iipon  the  original  summons,  costs  to  be  paid  by  .         .     0  13     4 

Atteniling  summons  for  balance  order,  when  several  contributories 
and  tlieir  solicitors  attended,  but,  as  no  cause  being  shown  against 
the  order,  the  chief  clerk  made  the  order  subject  to  athdavit  of 
service,  and  we  were  to  bring  in  a  list  of  the  persons  who  had  ])aid 
in  the  interval  between  the  issuing  and  the  return  of  the 
simimons         ,         .         .         .         .         .         .         .         .         .         .110 

Writing  to  Messrs.  ,  solicitors  for  ,  iiii'orm- 

ing  them  that,  as  they  had  not  attended  the  summons  issued  against 
their  client,  they  were  reipiired  to  endorse  a  consent  on  same         .030 

Attending  Mr.  on  liis  calling  in  reference  to  the  order 

in  case,  and  coni'erring  with  him  as  to  his  desire  that 

the  1  inie  should  bi-  extended,  and  he  endorsed  a  consent  on  the 
summons         .         .         .         .         .         .         .         .         .         .         .008 

Having  received  letter  fiom  tlie  official  li(iuidatoi'  in  refei'enceto  the 
offer  made  l>y  ,  making  copy  of  same  and  writing 

&  Co.  with  same,  and  re(|uesting  a  better  offer  to  be 
submitted  to  the  official  liquidator  .         .         .         .         .         .040 

Attending  summons  foi'  order  against  ibr  payment  of 

his  contiibuti(jn  as  a  dii'(n;tor  of  the  conq)any,  when  order  made 
as  asked  subject  to  ])roduction  of  affidavit  of  service       .         .         .     0  13     4 

Drawing  and  engrtjssing  atiiilavit  nf  ,  verifying  service 

of  .summons  on  ,  fnlids  4     ...".. 

Preparing  exhibit       ......... 

J'aid  commissioner  taking  <le|)i,neiirs  d.itli  and  maiking  exhibits 

Making  cojjy  affidavit  to  be  marke(l  as  an  office  copy 

Paid  fding  affidavit . 

Pai'l  fir  otlicf"  co])y    ...,,,.,. 


0 

4 

0 

0 

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0 

0 

2 

0 

0 

1 

4 

0 

2 

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0 

0 

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0     ( 

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0      • 

I      0 

u    : 

>      0 

0     I] 


Ol  Til  lAL    lJgUII»ATiiu\s    COSTS.  OH 


l)ia\viii^'  onl.i-  r.ii-  III  ji;iy  in  £  ,  fuli..^  (> 

Nutice  of  aiijMiintiiHiit   t>t  sillle  siiinc,  ii'iiv  ;iii>l  .-oivitL'  nC  saiiif  mi 
,  soli.itiirs     ......... 

Drawiiij,' onlt-r  lor  t..  pay  in  £  ,  Inliud  Tj 

Notice  of  ajipniiitiiKMit  to  scttlf  .smic,  cnpy  ami  Mivicf 

Atteiiiliii^'  tilt'  otliiial  li<|ni"iator  in  ivtVivni:i-  to  the  iiistructiotirt  \vc 

I'-Xju'cti'il  to  liavi-  ri'ciivtd  IVom  liitn  a.s  to  CJLSt-,  when 

In-  statfil  that  Missis.  )i;nl  not  .sent  him  the  promised 

jMrticulai-s,  ami  ifqiuslcil  ns  to  ojiiiosf  the  .suninioiis     . 
Attcntliiij,'  adjounud  smiinioiis  on  Ixhalf  of  ,  when  .same 

ailjoiiiiH-tl  to  Monday  luxt,  and  Messrs.  were  to  iiav 

the  Costs  of  s;inie  .  .  .  .  .  .  .  .  .     0     (J     m 

NVritinj,' sul..<?e(Hiently  to  the  otli.ial  lii)Midaloi,  infoiiniii;^'  him  of  the 

result  of  the  appliiatioii,  and  tlial  inten<l.d  to  pav 

him  £  on  account 0     li     G 

Siibseijuently  having'  received  a  further  letter  from  Messrs.  , 

solicitors  for  ,  makin;^  co])y  of  sjime,  and  writiii;,'  ofticiul 

liquidator  with  same 04G 

Oa  receipt  of  letter  from  Me.ssrs.  &  Co.,  ."solicitors  for 

,  writiui,'  to  the  oHieial  liipiidator  thereon  and  reipiestin;,' 

to  know  whether  he  had  consented  to  the  summons  to  .^tand  over     0     '.I     G 
Attendinj,'  tiie  oHicial  liiiuidator  on  hi.s  calling  in  reply  to  our  letter 

before  the  hearin;^'  of  the  .'summons  to-day  Uikeu  out   <tu   behalf 

of  ,  when  he  instrut  teil  us  to  ojipo.se  same  .         .         .         .     0     fl     M 

Attendiuff  .summun.s  for  further  time  for  to  j.ay  tin- 

amount  due  from  her  as  e.xecutri.x,  when  .same  adjourned  till  the 

iustiint 0     (■>     s 

Sub.sef[Ueutly  attending;  the  ollicial  lit|uidut<ir  un  his  cidlinj:,  and 

•,'iviuy  him  e.\)>lanations  as  requested  in  reference  to  the  ca.**.-  of 

,  a  contriliutory    .         .         .         .         .  .         .         .     O     C     8 

Attendin*^  appointment  before  the  jud-^'e's  junior  chik  settling,'  draft 

onlers  a^'ainst  and  .         .         .         .         .     <)  1.3     4 

Drawing' balana' order  and  schedule,  folios  ,  at      per  Adio      .Oil) 

Close  Copy  re;,MStrar's  older  a>;ainst  ,  folios  5         .         .     o     1     S 

Notice  to  settle  Siime,  Copy  and  service      .         .         .         .  .     ii      l     (» 

Ch)se  cojjy  rej^istrar's  order  a;,'ainst  ,  folios  G         .         .     ••     i'     0 

Notice   to   settle  same,  and  cojiy  and  service  of  s;uue  on    Me>si-s. 

,  his  .s(diritors        .  ,         .         ,         .         .         .••40 

Attending' at  the  I'aymaster-neuerals  ojlieeand  b.-.speakiii;,' transeript 

of  account  in  (."ourt,  and  afterwards  for  same  .         .         .         .     n     C,     8 

Paid  for  book  and  stamp o     •_'     y 

Attending'  summons  for  ta.xation  of  the  ollicial  li<juidalor'sc»».sts,  when 

onler  made <»  l.'l     4 

Drawin;..'  order,  atlendinj;  settling;,  anil  sii,'nin^'  and  entering'  same    .     o  l;{     4 
En^'rossin;.,' oilier,  folios  4  .  .         .         .         .  .     i"      1      4 

i'aid  stampiny  same  .         .  .  .     <<     :,     {\ 

Making  copy  order  for  the  Taxiiii,' .Master,  folios  4    .  .     u     I     4 

Drawing  atiidavit  verifying  amount  received  on  account  of  eo>ts, 

folios         ,  at  per  folio   .         .         ,  .  .         .  .         .     0     1      (» 

Engrossing  juime,  at  i>er  folio     .  .  .     o     o     4 

Attending  deponent  to  K-  sworn  to  .-.im  ■  .  .         .         .         .     u     G     s 

I'aid  commi.^ioner  taking  deponent's  oatii         .         .         .         .         .     <>     1     G 
Making  copy  of  this  allidavit  to  be  marked  iis  an  olhce  coj'y,  folios 

,  at  per  folio  "   .         .004 


912  APPENDIX    111. 


Paid  filiii;^  ullidavit  . 

Paid  for  otiice  copy,  at  per  folio  .         .         .        _. 

Drawiiif,'  tliis  Lill  of  costs,  folio  ,  snminary,  folio  ;  totj;etlier 

folios,  at  per  folio    ......... 

Warrant  on  leavini,^  .......••• 

Warrant  to  tax  .......••■• 

Attending  taxing  same,  at  per  ^5  folios  or  a  fractional  part 

Certificate  and  transcript 

Attending  to  file  same,  and  bespeaking  otlice  copy    .... 

Paid  for  office  cojiy •         • 

Term  fee  ............ 

Letters,  messengers,  &c 


Summary. 
Page.  T.ixed  off.  Amount  of  Bill. 

1 

2 

3 

4 


£ 

6-. 

(/. 

0 

2 

0 

0 

0 

2 

0 

0 

8 

0 

3 

0 

0 

3 

0 

0 

G 

8 

1 

2 

0 

C) 

6 

8 

0 

3 

0 

0 

15 

0 

Taxed  olf 

Paid  ad  valorem,  duty       .... 

Received  on  account  of  coni])romises\vith 
contriliutories  or  otherwise  . 


In  some  of  the  Judges'  C'hanihers,  when  an  application  is 
made  for  the  taxation  of  the  official  liquidator's  costs,  the 
cliief  clerks  only  direct  the  costs  to  he  taxed  ;  in  consequence 
of  this  a  summons  has  to  he  taken  out  for  an  order  for  pay- 
ment of  the  costs  as  taxed.  On  the  hearing  of  same  the 
chief  clerks  ueneially  sign  the  cluupies  for  payment  of  sanu-, 
without  having  an  order  diawn  up. 

If  not  ]troperly  concerned  close  coj)y  of  affidavits,  &c.,  excei)ting 
alti(hivits  verifying  seivice  of  proceedings  are  generally  allowetl, 
an<l  for  every  sitting  Gs.  all()we(l  k-yond  l.').s'.,  sittings  fee. 

When  an  order  or  judgment  is  made  in  any  action  or  matter  for 
the  taxation  of  costs,  the  solicitor  who  has  the  carriage  of  the 
order  or  judgment  is  i(!([uired  to  make  out  a  list  of  attend- 
ances hef(;re  the  chief  clerk  (if  any),  to  enahle  him  to  prepare 
his  certificate  of  atten<lances,  and,  unless  that  is  done,  on  the 
taxation  of  costs  all  thnsc  atfciKlanrcs  would  lie  (|ueiici|  or 
disallowed. 

When  a  summons  is  adjourmd  to  le  iicanl  Ix'fore  the  .Judge  in 
(Jhamljcrs,  if  atteiidc(l  hy  counsel,  tin;  fceis(jidy  Via.  4(1.,  and 
if  lint  attiiidiMl  hv  founsel,  the  fee  generally  allowed  is  £1  Is. 


COSTS    OF    TlIK    OITKIAL    I.IvUIUAToK    IN    WINUIKG    UI'.         OIU 


The  Bill  of  Cofitf  of  ,  the  Official  Li'iui<l<(tor  in  the  ahnvc-nnwfil  Cmpnny, 

to  he  Taxed  as  betirecu  Solicitor  and  Client  from  the  foot  of  the  last  Taj:ation 
to  the  comiilete  xcinding-vp  of  the  Comjmny. 

Hilary  Sittinys,  lH81. 

£     I.     ./. 
Projiarinrj  piimmons  for  leave  for  oilii-ial  liijiiidator  to  ]iay  his  pnli- 

litors'  costs  as  tari-il  out  of  the  assets  of  the  comiiaiiy,  aii<l  alttn.l- 

in^  at  Chambers  to  get  same  sealetl 0  i:]     4 

Paid  >taiiipiii;^'  same 0     :}     n 

Makin<;  copy  to  h'ave  at  Chambers    ....  .         .     0     :J     (• 

Atteiuiinj,'  summons  wlien  leave  ^'iveii U     (j     8 

Making  copy  of  sui>]ilemental  list  of  contributors  as  jtrejiared  by  the 

oHicial  li(iuidator,  folios         ,  at  jier  folio 0     (1     4 

Instructions  for  atliilavit  in  support 0     (i     « 

Drawing  siime,  at  per  folio 0     10 

Attending  deponent  to  be  sworn  to  same  .         .         .         .         .         .     o     d     s 

I'aid  commissioner  taking  deponent's  oath  and  marking  exhiliil        .     <>     2     '"> 
Making  eopv  atlidavit  t(j  be  marked  as  an  ottice  coi>y,  at  per  folin     .     "     •'     4 

I'aid  fiUng  same ".         •  •         .020 

I'aid  for  olliee  cojty,  at  per  folio         .         .         .         .         .         •         .002 
rrei)aring  summons  to  settle  supplemental  list  of  contributors,  and 

attending  at  Chambers  to  get  same  sealed 0     0     fi 

I'aid  sealin;,'  same      .         .         .         .         .         •         •         ■  .().{() 

(I     -2     n 

[         '.         .  .0-20 


(•(i]>ie3  for  service,  at  i>er  folio 


l>r,iwin'  and  engrossing  iittidavit  veiifying  service,  at  jur  fi'lio         .     <•     1 


Making  copy  summons  for  Chambers 
Copies  for  service  on  ,  each 

(In  proceedings  to  wind  ujt  a  coni]>any  the  usual  chargt'>  relating 
to  jirinting  sliall  be  allowed  in  lieu  of  copies  for  service,  where 
the  fee  for  copies  would  exceed  the  charges  for  i>rinting  and 
amount  to  more  than  £'i.) 

Sorv-icc  thereof  upon             contribiitors,  each   .         .         .         .         .01 
Preparing  summons  for  leave  to  serve  summons  to  settle  li>t  of  con- 
tributors through  tlie  jio.st,  on  contril>utors  living  out  of  the  juris- 
diction of  the  Couit 

Paid  sealing  same (»     :|     0 

Making  copv  summons  for  chambers 0     2     0 

Instruetions  for  aflidavit  of  otficial  liquidator  in  sup].ort  of  same      .     O     <;     R 

Drawing  sjune,  at  i>er  folio         .- II     ,! 

Engrossing  same,  at  i>er  lolic     . 

Attending  dei><>nent  to  be  sworn  to  sanit 

Paiil  commissioner  taking  deponent's  oath         .  .         .         .     <>     I     (» 

Making  cnpv  aflidavit  to  be  marked  as  an  olhce  cnj.y,  at  jht  folio      .     0     »>     4 

I'aid  liUng  athilavit    . 

I'aid  for  otlice  copy,  at  i)er  folio  '         '         '         '  •        i'         J 

Drawing  up  order  and   attending  to  get  sime  s.ttbd.   M.:ned,   and 

entered  ......••■•• 

Engrossing  sjime,  at  i>er  folio     . 
I'aid  for  order 


O     r^     8 


n     o     4 

o     (>     s 


(I     •_'     o 

(1     (I     2 


0  \.\  4 
(I  (I  4 
( >  .*•  0 
(I  (I  4 
0 


Marking  exhibits,  each 

3  N 


0     1     0 


914  APPENDIX   III. 


Paid  commissioner  taking  deponent's  oath  and  marking  exhibits 

Making  copy  affidavit  to  be  marked  as  an  office  copy,  at  per  folio     .004 

Paid  filing  affidavit 0     2     0 

Paid  for  office  copy,  at  per  folio •         .002 

Attending  l)efore  the  cliief  clerk  to  settle  supplemental  list  of  con- 

tributories      .         .         .         .         .         .         •         •         •         • 

Making  copy  schedule  with  names  of  contributories  for  chief  clerk 

for  his  draft  certificate,  folios         ,  at  per  folio       .         .         .         .004 
Copy  certificate  settling  supplemental  list  of  contributories,  folios    , 

at  per  folio     .         .         . 004 

Close  copy,  at  per  folio 004 

Attending  to  settle  same 

Engrossing  same,  at  per  folio     .         .         .         .         .         .         .         .004 

Attending  on  same  being  signed ,     0     G     8 

Making  copy  of  same  to  be  marked  as  an  office  copy,  at  per  folio     .004 
Attencling  to  file  same  and  bespeaking  office  copy     .         .         .         .068 

Paid  for  office  copy,  at  per  folio .002 

Preparing  summons  for  a  call  of  £  per  share,  and  attending  to 

get  same  sealed 0  13     4 

Paid  stiimping  same 030 

Making  copy  summons  to  leave  at  chambers 0     2     0 

copies  for  ser\ace,  each 0     2     0 

(Sec  previous  notice  about  printing.) 
Services  of  same  on  contributories,  each  .         .         .         .         .016 

Drawing  and   engrossing   affidavit  verifying  service  of   summons, 

fiilios         ,  at  per  folio     . 0     10 

Paid  commissioner  taking  deponent's  oath 0     16 

Pai<l  filing  affidavit ..020 

Making  copy  affidavit  to  be  marked  as  an  office  copy,  and  paid  for 

office  copy,  at  per  folio 0     0     6 

Instructions  for  affidavit  of  official  licpiidator  in  support  of  summons      0     6     8 

Drawing  same,  folios  ,  at  per  folio 0     10 

Engrossing  same,  at  per  folio .         .004 

Attending  deponent  to  be  sworn  to  same  .         .         .         .         .         .068 

Paid  connuissioner  taking  (Uqionent's  oath         .         .         .         .'.016 

Making  co])y  affidavit  to  lie  marked  as  an  office  copy,  at  per  folio      .004 

I'aid  tiling  atiidavit '....020 

I'aid  for  office  copy,  at  per  folio         .         .         .         .         .         .         .002 

Attending  summons  wlien  order  made       ...... 

Diawin^'  up  order  and  attending  to  get  same  settled,  signed, and  ent ered  0  13     4 

Engrossing  same,  at  ])er  foli • 004 

I'aid  for  order 0     5     0 

copies  of  the  order  for  service,  at  per  folio        .         .         .         .004 
(See  above  res])ecting  printing.) 
Pre])aring  and  filling  up  notices  of  the  order  for  a  call,  each       0     10 

Services  tlierertf  and  of  tlie  orders  upon  contributors,  each      .     (•     1     (5 

Preparing'  leceipt  of  amount  payable  liy  contributories  for  the  Bank 

of  England  ami  eojjv,  and  lodging  same  at  Bank,  each  .         .         .014 
Di-awing  notice  to  be  served  on  contiiliutoiicsof  ameetin^c  at  , 

l>er  folio .         .         .         .010 

Copy  to  serve,  at  \)bv  folio  each  .         .         .         .         .         .         .004 

Pieparing  summons  for  order  for  payment  of  call  against  contribu- 

tfiries,  viz.,  ,  and  attending  at  Chambers  to  get  same 

sealed '     .        .    0  13    4 


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COSTS   OF   TIIK   oriKIAL   LIQUIOAT' 'U    IN    WISDINi;    ri'. 


Paid  stiimiiinf^  samo .030 

Making  t()|»y  smiimoiis  to  k-ave  ill  ( 'liaiiibcis     .  .020 

ciipii's  for  senico,  cjich    .         .         .         .         .  .020 

(Si'e  i)revinus  notice  alxmt  printing.) 

Sirvico  of  .><anie  upon  contributoriis,  each         .         .         .         .010 

Drawing  anil  t'ngros.sing  aflidavit  verifying  service  of  same,  folio  , 
at  per  folio     .......... 

Paid  commissioner  taking  deponent's  oath        .... 

Paid  tiling  ailidavit 

Making  coi)y  ailidavit  to  be  marked  a.s  an  office  copy,  and  ])aid  for 

oliice  copy,  folios         ,  at  per  folio 0     0     (5 

Instructions  for  ailidavit  of  the  official  li(|uiilatur  verifying  the 
amounts  due  from  contrihutories 

Drawing  same,  folios  ,  at  per  folio  ...... 

Engrossing  same,  at  per  folio     ........ 

Attending  deponent  to  he  .sworn  to  same  .         ..... 

Paid  commi.-^sioner  taking  deponent's  oath 

Paid  filing  aflidavit 

Making  copy  atfidavit  to  he  marked  as  for  an  otlii  e,  and  paid  for 

oliice  copy,  at  per  folio 0     0     «! 

Attending  summons  when  order  made      ...... 

Drawing  up  order  and  attending  to  get  same  .settled,  signed,  and 
entered '^ 

Engrossing  .«ame,  folios  ,  at  per  folio ' » 

Paid  stiimping  same " 

copies  of  the  order  for  .service,  at  per  fidio      .... 
(See  above  as  to  printing.) 

Prei>aring  and  filing  u])  notices  of  the  order  for  payment  of  a 

call,  each        ........... 

Sei-vire,  each     ........... 

Mileage  for  each  mile  beyond  two,  each 

(Purther  allowance  may  be  made.) 
If  served  by  agent — 

Writing  to  agent  instructing  him  with  panic  to  be  .-crved,  and  after- 
wards with  his  chargis  .         .  .         .         .         .         .         .070 

Paid  his  charges . 

Attending  Mr.  ,  one  of  the  contributories,  on  his  Cidliug  and 

.stating  that  he  was  not  in  a  jiosition  to  yay  the  amount  of  the 
call,  but  offeretl  to  i)ay  £  in  full  discharge,  when  we  refjucsted 
him  to  make  an  affidavit  stating  fully  his  ]>osition,  and  upon  re- 
ceiving that  wc  woultl  confer  with  the  olficial  liipiidator  thereon  .068 

Paid  for  cojiy  ailidavit  (-f  ,  one  of  the  contributories,  in  suppat 

of  proposiil  to  conijtronu.se,  folio.s  ,  at  per  folio     . 

Perusing  same,  at  i>er  folio         ........ 

If  agency,  clo.se  copy,  at  jter  ftdio      ....... 

Attcniling  the  otlicial  li'juidator  theieon,  and  arranging  lor  him  to 

investigate  the  statements  made     .         .         .         .         .         .         .008 

Instructions  for  athdavit  of  the  olficial  li«iuidator  verifying  that  lie 
investigated  the  debtor's  statement.%  and  that  he  considered  that  it 
would  be  for  the  benefit  of  the  creditors  to  take  amount  offered    . 

Drawing  .^ame,  folios         ,  at  per  folio 

Engrossing  .same,  folios  ,  at  per  folio         ..... 

Attending  deponent  to  be  .sworn  to  same  ..... 

Paid  commissioner  taking  deponetit's  oath         .... 


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APPENDIX    III. 


Making  copy  affidavit  to  he  marked  as  an  office  copy,  folios  ,  at 

per  folio 

Paid  filing  affidavit 

Paid  for  office  copy,  folios  ,  at  per  folio    ..... 

Preparing  summons  to  approve  of  proposed  compromise  with  , 

a  contributory,  and  attending  at  Chambers  to  get  same  sealed 
Paid  stamping  same  .......... 

]\Iaking  copy  of  same  to  leave  at  Chambers 

Instructions  for  agreement  for  compromise         .         .         .         .         . 

Drawing  same,  at  per  folio 

Making  copy  thereof  for  perusal  of  contributory 's  solicitor,  at  per 
folio        ............ 

Meriting  to  the  solicitor  therewith  for  his  approval    .... 

Attending  summons,  order  made,  and  chief  clerk  settled  draft  agree- 
ment    ............ 

Engrossing  agreement  in  duplicate,  at  per  folio  each 

Paid  stamping  same  and  duplicate     ....... 

Attending  the  official  li(|uidator  ol)taining  his  execution  thereof 
AVriting  to  the  contributory's  solicitor  witli  duplicate  agreement  for 
executi(jn        ........... 

Attending  the  chit-f  clerk,  ulitaiuing  his  approval   of  the  agreement 
marked  in  the  margin    ......... 

AVriting  to  contributory's  solicitor  with  appointment  to  complete 
Drawing  order  approving  of  compromise,  and  attending  to  get  same 
settled,  signed  and  entered     ........ 

Engrossing  same,  folios  ,  at  ])er  folio        ..... 

Paid  stamping  same  .......... 

Attending  a])pointment,  exchanging  agreements  and  receiving  the 

amount  agreed  to  be  ])aid  to  the  official  li(piidator 
AVriting  to  the  official  liquidator  with  cheque  for  payment  of  the 
amount  received  from  the  contributory .         .         .         .         .         . 

(In  some  cases  of  comju-omises  it  has  been  necessary  to  obtain 
an  appointment  to  cross-examine  the  contributory  on  his  affi- 
davit, and  also  make  several  inquiries  as  to  his  means,  and 
coiTespttndence  resjjecting  same.    In  such  cases  further  cliarges 
for  same  Would  Ite  allowed,  and  the  contrilnitory  in  many 
ca.ses  lias  not  only  been  ordered  to  ])ay  the  amount   he  pro- 
posed to  compromise  but  also  the  costs  of  the  ap]ilicati(in.) 
Pre]iaring  summons  for  the  fiflicial  li(juidator  to  be  at  libi'i'ty  to  ] 

a  dividend  of  in  the  ])ound  to  creditors 

]'aid  starnjiing  same  ......... 

[Making  coj)y  of  same;  to  leave  at  (.'liambers       .... 

Instructions  for  affidavit  of  the  official  li(jui<latoi'  in  su]i]ioit  of  sa 
Drawing  same,  folio         ,  at  ]ier  folio         ..... 

Engrossing  sanie,  at  ])er  folio    ....... 

Attending  deponent  to  be  swoiii  to  same  .  .... 

J'aid  commissioner  taking  deixment's  oath         .... 

I'aid  filing  affidavit  ......... 

Making  co])y  of  affidavit  to  Ik:  iii.iikcd  as  an   office   copy,   and    ]) 

for  office  copy,  at  ]ier  folio      . 
Attr;nding  summons  when  order  made       ..... 

Drawing  order,  attending  to  get  same  settled,  signed  and  entered 
Engro.ssing  same,  folios         ,  at  ])fr  folio    ..... 

Paid  .stamp        .......... 


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COSTS  or  tup:  orriciAi.  liqi'ipatoi;  in  winiunm;  it. 


rii'iiariii^'   summons    fi)r  taxation  <if  the  (.Hi.  ial   li<|ui(latoi'V   cost.-, 

jtas-sinj,'    liia  final    account,  jiaynifnt  of  linal   tli\  idi-nd,  ii.v,H«-s»iii;^ 

liis  runiuntration  to  vacate   tin-   n-ii.i^niziince  and  Ijond  (if  any), 

and  to  linally  wind  ujt  ami  to  di.-isolvi'  liis  conijiany 

I'.iiil  stamp        ........... 

.Making;  copy  to  leave  at  Clianil»er.<   ....... 

Altemiinf^  tliereon  -wlien  order  made  ...... 

niawiiiL;  Older,  attending  to  ;,'et  same  .settled,  .si;,'neil  and  enleicd 
I'.n^'idssiuj^  some,  folios         ,  at  per  folio  ...... 

i'aid  stamp        ........... 

Making'  copy  order  for  Ta.xin^'  Master,  folios         ,  at  per  foli.i  . 
Diawint,'  V)ill  of  costs  and  coi)y,  folios         ,  and  .nummary,  foli.is       , 
to^'ether,  folics         ,  at  per  folio      ....... 

Warrant  on  leavin;,'  .......... 

Warrant  to  tax  .......... 

Attending,'  to  lax,  for  every  25  folio.s  or  a  fractional  part   . 
C'ertilicate  and  transcript  ......... 

Attending'  to  tile,  and  lor  ollicc  copy  ...... 

Paid  i'or  oili<e  copy  .......... 

Attending,'  and  bespeakin;,'  olfice  coi>y,reco;^ni/.ance  and  1m. nd  (if  any) 
and  afterwards  for  .sime         ........ 

Paid  for  otlice  cojiy  iccognizauce,  folios     ,  at  per  folio 

Paid  for  oflice  copy  bond,  folio.s     ,  at  ju-r  folio  ..... 

Prej)aring  summons  f.r  the  otHcial  liipiidator  to  be  at  liberty  to  pay 

a  tinal  dividend  of  in  the  jxnind  to  creditors 

Paid  .stamp         ........... 

Making'  copy  of  .same  to  leave  at  (,'iiambeis       ..... 

Instructions  for   aflidavit    of  the    ollicial    liquidator   in  .-upport  of 
.simo      ............ 

Drawing,' .'same,  folios         ,  at  per  folio       ...... 

Enfjrossin^'  .'^ime,  folios         ,  at  per  folio  ...... 

Attending;  deponent  to  be  sworn  to  i^iime  ...... 

Paid  commi.-isioner  taking'  deponent's  oatli         ..... 

Paid  tiliu},'  alli.lavit 

Makin},'  copy  of  sjimeto  be  marked  a.-<  an  ollice  copy,  and  paid  mark- 

inj^  oflice  cojty,  folios         ,  at  i>er  folio  .         .         .         .         .         .     0     0     G 

Instruction.s    lor   allidavif    in    suj^jMirt    of    hi.-    application    for    Ids 
remuneration,  and  verifying  that  the  assets  of  the  company  ha<l 
been  all  ;^ot  in        . 
Drawing;  same,  folios         ,  at  jM-r  folio       ...... 

Kn^'ro.'i.sing  .'iiune,  folios         ,  iit  j>er  folio    ...... 

.\tten.lin;4  dej)oiu^nt  to  be  sworn  to  same  ...... 

Paid  commi.ssioner  taking  deponent'.s  oath         ..... 

i' litl  filing  alVidavit 

Making  copy  of  iillidavit   to  lie  marked  as  an  oflice  copy,  and  \>ii'u\ 

marking  otlice  co^iy,  folios         ,  at  per  folio   .         .         .         .         .     0     (i     G 

Instructions  for  allidavit   of  oflicial  lii|uidator"s  clerk  verifying  the 

statement  of  time  of  ollicial   lit|uitlator,  this  clerk  being  engagctl 

relating  to  the  winding-up  of  this  company    .         .         .         .         .     0     G     S 

Drawing  same,  folios         ,  at  per  folio        .  .     n     1      o 

Kngros.-*ing  .same,  at  i>er  folio      .         .         .  .     n      ; 

Pieparing  exhibit u      1      .. 

Attending  deponent  before  a  comnii.-'.-ioner  on  his  bciug  sworn  to 

.■iame 068 


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918  ArrEXDix  ni. 

£      s.      il. 

Paid  coiuiiiissioUL'r  taking  JepoiiL-nt's  oath  and  luarkiiiL;  exhibit         .026 

Paid  tiling  altidavit  .       \         . .020 

^lalviug  copy  of  atlidavit  to  1)6  marked  as  an  otHce  copy,  and  paid 

for  otlice  copy,  at  per  folio 006 

Attending  ap]iointment  before  the  chief  clerk,  'when  he  assessed  the 

official  li(|uidator's  remuneration  and  order  for  payment  of  a  final 

dividend         ........... 

Preparing  summons  to  pass  the  linal  account  of  the  official  licjuidator 

of  receipts  and  payments,  and  attending  at  Chambers  to  get  same 

sealed    .         .        ' 0     6     8 

Paid  stamp        .         .         . 030 

^Making  copy  to  leave  at  (Jliambers   .  .  .  ...     0     2     0 

Instructions  for  affidavit  of  the  official  liquidator  verifying  his  linal 

account  . 068 

Drawing  same,  folios         ,  at  per  folio        .         .         .         .         .         .010 

Engrossing  same,  at  ])er  folio .004 

]\Iaking  copy  of  official  lic[uidator's  account  of  receipts  and  payments 

to  be  marked  as  an  office  copy,  folios         ,  at  per  folio   .         .         .004 

Preparing  exhil)it 010 

Attending  deponent  to  be  sworn  to  same  .         .         .         .         .         .068 

Paid  commissioner  taking  deponent's  oath  an<l  marking  exliibil        .026 

Paid  filing  affidavit .020 

Making  copy  affidavit  to  be  marked  as  an  office  coju',  and  paid  for 

office  copy,  folios        ,  at  per  folio  .         .         .         .         .         .     0     0     (! 

Making  co]>y  of  official  liquidator's  accounts  of  receipts  and   pay- 
ments for  tlie  chief  clerk,  folios         ,  at  per  folio    .         .         .         .004 

Attending  a])p()intment  before  chief  clerk,  when  the  official  li<[ni- 

dator's  account  was  jxissed      ........ 

Entering  official  lii[uidator's  account  in  two  books,  folios         ,  at  pei- 

folio,  each 

Instructions  for  affidavit  of  the  official  liipiidator  verifying  same 
Drawing  same,  at  ])er  folio  ........ 

Engrossing  same,  at  per  folio     ........ 

Preparing  two  exhibits       ......... 

Attending  de])onent  to  be  sworn  to  sanu'   ...... 

I'aid  commissioner  taking  deponent's  oath  and  marking  exliibits 

Paid  filing  affidavit "     . 

Making  copy  affidavit  to   be   marked  as  an   office  copy,  and  i>aid  for 

office  co]iy,  at  per  folio  ......... 

Paid  for  coi)y  certificate  approving  tlie  account,  at  per  folio 

Close  copy,  at  per  folio      ......... 

Attending  sett  ting  same    ......... 

Engrossing  certificate,  at  per  folio      .....  .         . 

Attending  on  same  being  signed         ....... 

Paid  '(d-valorc'iii  duty  ......... 

Making  copy  certificate  to  be  Jnaikcd  as  an  office  copy,  and  paid  for 

office  cojiy,  at  per  folio   ......... 

Attending  to  file  cerlificate  and  for  office  co2)y   ..... 

Drawing  order  lor  tlie  complete  winding-up  of  the  company,  anil 

attending  at  Chambers  to  get  same  settled,  signed,  and  entered 
Engrossing  same,  folios         ,  at  per  folio    ...... 

I'aid  stan)i)  for  same 

Making  copy  of  same  to  file  at  the  licgistrar-Cenerars  oflici- of  the 

Joint  Slock  Company's  office,  folios        ,  at  per  folio     .         .         .004 


0 

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COSTS    (iF    THE    OllICIAI.    I.lQribATmi    IN    WlNMNc;    ll'.         IMI* 

c     ..     ./. 

Paid  stftinjiiu;^  same 0     .'j     0 

Attending,'  at'ltiwanls  al  tliL-  Joint  Stu<  k  (uiiipaiiy's  otiice  willi  .siiiic 

for  ri'^'istration        .         .         .         .         .         .         .         .         .         .()<"»« 

Attending  the  Master  nf   Ivnlls'  setrelarv's  ollire  with   tin-  onler  to 
dissolve  the  inniiiany  for  the  Master  of  Rolls'  hat,  and  afterwards 

with  same  at  tlie  Public  Record  Ollice 0   i:5      1 

Paid  for  vacating  the  ollicial  licjuidator's  recognizance       .         .         .110 

Paid  for  vacating  Ixmd 1      1     U 

Attending  at  the  Rectnd  and  \\  lit   Clerk's  ollice,  depositing  the  j.ro- 
cecdings  ........... 

Sittings  fee "  1'*     ^ 

Letters,  messengers,  postages,  «SwC.       ....... 

Mfiiionnuhim. — If  the  oHicial  li(|uidiitor  re<[uires  any  artn.n  or 
riroceedings  in  bankruptcy  against  any  of  the  coiitiihutories, 
before  he  can  do  so  he  must  take  out  a  summons  for  leave  to 
commence  .same. 
If  there  are  Hindustan  or  foreign  contributorie.",  charge  its  fol- 
lowing- 
Drawing  schedule  to  draft  chief  clerk's  certificate  in  Hindustan  and 

foreigTi  names,  folios         ,  at  per  folio    .         .         .         .         .         .     <»     1     ('» 

Making  fair  copy  (d' same,  f(dios         ,  at  per  folio  .  .     0     U     C 

See  ob.servatious  as  to  agency  on  the  previous  bill. 


0     G     H 


WI\l)l\G-rP.  —  COST.S  OF  OFl'U'lAL  LlnllDATOR  Kni: 
TRANSFER  OF  FUND  OUT  OF  COURT  TO  THE  CREDIT  (»F 
HIS  ACCOUNT  AT  THE  RANK  OF  ENCLAND. 

In   TltK    HlGJI    CulUT   OF   JfJiTICE. 

CIFA  ^'CEJl  Y   DI  ]  'ISIOX. 
Til  the  lanWr  of  the  Compamj,  Liniitfl, 

AND 

771  thi-  mnlt'T  of  the  Coinpdiiies  Ait.<,  18G2  ti?i«/  IMJT. 
7lie  Bill  of  Coats  of  the  Official  Liquidator  if  the  ahoir-uaiual  r„;/.y.uMi/  ^>  U 
taxed  ill  jjurma nee  nf  the  Order  made   i»   ''"   -d.nr.-.u.innd  m.ittni  on  th< 
day  of  ,  1878. 

Ecutcf  Sittings,  1878. 
June,  1878. 
Preparing  summons  for  A.  P..  to  .'^how  cau>ewhy  the  £  paid  into 
Court  by  him  to  the  credit  "  In  the  matter  of  Conip-iny. 
Limited,  and  in  tin-  matter  of  the  Comjianies  Act.-J,  18(12  and  18G7 
Actount,"  should  not  be  tran.sferi-ed  and  stand  to  the 
credit  of  the  account  of  the  oHi.ial  licpiidator  of  the  s;iid  comi«uiv 
in  the  booksof  the  Governor  and  Company  of  the  Rank  .f  England, 
and  freed  and  dischargid  fr..m  his  alleged  set-off,  and  attending  at 
Chambers  to  get  same  scaled 0  13     4 


920  APPENDIX    III. 

Paid  stanii^ing  same ,         .         .         .030 

^Making  C(jpy  to  leave  at  Cliaiubers 0     2     0 

Copy  and  service  of  same  on  A.  B.'s  solicitors 0     4     G 

July. 

Attending  summons  before  tlie  chief  clerk,  Avlien  A.  B.'s  solicitors 
claimed  a  set-off,  and  the  chief  clerk  adjourned  the  summons  to  the 
Judge 0  13     4 

2.  Notice  to  A.  B.'s  solicitors  that  we  should  attend  the  adjourned 

summons  by  counsel,  copy  and  service 0     4     0 

Drawing  brief  for  counsel  to  appear  on  behalf  of  the  official  liqui- 
dator (exclusive  of  documents),  at  per  folio 0     10 

Making  brief  copy  of  same,  including  documents,  for  cf)unsel,  at  per 

folio 004 

Making  brief  copy  affidavit  of  A.  B.,  tiled  on  the  ,  1878,  for 

counsel,  at  per  folio 004 

Making  brief  copy  athdavit  of  official  liquidator,  filed  on  the  , 
1878,  for  counsel,  at  per  folio 

Attending  Mr.  with  same 

Paid  fee  to  him  and  clerk 

Attending  Mr.  appcjinting  conference  ..... 

Paid  conference  fee  to  him  and  clerk         ...... 

Attending  conference         ......... 

Attending  adjourned  summons  before  the  Judge,  when  same  was 
ad j(  turned  into  Court      ......... 

12.  Making  fair  co])y  of  brief  for  the  senior  counsel,  at  per  folio 

The  like  copy  affidavit  of  A.  B.,  at  per  folio 

The  like  co])y  athdavit  of  the  ofticial  liquidator,  at  per  folio 

Attending  Mr.  ,  Q.C.,  with  same 

Paid  fee  to  him  and  clerk  ......... 

Attending  Mr.  with  same      ....... 

Paid  fee  in  him  and  clerk  ......... 

Attending  Mr.  appointing  consullation  .... 

Paid  fee  to  him  and  clerk  ......... 

Attending  Mr.  appointing  consultation  .... 

Paid  fee  to  him  and  clerk  ......... 

13.  Attending  consultation         ........ 

Attending  Court,  adjourned  summons  on  paper  but  not  reached 
Attending  Court  seven  days,  adjourned  summons  in  paper  but  not 

reached 3  10     0 

A  iifiuxt. 

Attending  Court,  adjourned  summons  in  paper,  and  order  made 
upon  the  summons  setting  aside  A.  B.'s  claim  in  respect  of  set-off, 
and  ordeiing  the  fund  to  be  transferred  to  the  official  licjuidatfir's 
account  at  tlie  pKink  of  England,  and  A.  B.  was  ordered  to  pay  the 
official  liqXiidator's  costs  of  the  a})plication     .         .         .         .         .110 

Attending  at  the  Paymaster-General's  office  bespeaking  certificate  of 
fund  in  Court  to  account  entitled  "  ,"  and  afterwards 

for  same  ..         .         .         .         .         .         .         .         .         .         .0G8 

Attending  the  registrar  with  biief  and  papers,  and  bespeaking  draft 
order      ............ 

15.  Close  copy  draft  (jrder  of  tlie         instant,  at  per  folio  . 

Notice  to  sell  same,  copy  and  service         .         .  ... 


0 

0 

4 

0 

G 

8 

2 

4 

G 

0 

6 

8 

1 

6 

0 

0 

13 

4 

0 

13 

4 

0 

0 

4 

0 

0 

4 

0 

0 

4 

0 

13 

4 

4 

12 

0 

0 

6 

8 

4 

6 

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0 

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8 

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8 

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3 

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COSTS  OF  orriuiAi.  i-igrii>AT<'K  r<>iL  tkansfjcu  of 


Attendiiif?  before  the  rci^istrar  settling'  saiiif 

Notice  to  pass  same,  coj))'  ami  service 

20.  Corrcctiiij^  and  examining'  prrxif  .... 

Paid  for  order 

Attending  passing  same     ...... 

Michaelmas  Sittivyf,  1878. 

Making  copy  order  fur  the  Taxing  Master,  at  per  folio 

Drawing  this  bill  of  costs  and  copy,  at  per  folio. 

Warrant  on  leaving  same,  copy  and  service 

"Warrant  tn  tax  same,  copy  and  service       .... 

Attending  taxing  same,  for  every  25  folios  or  a  fractinnal  part 

C'ertiticate  and  transcribing 

Attending  to  tile  .«ame  and  for  otiice  copy. 

Paid  for  i)tlice  copy 

Letters,  &C 


FFNI',   K 

If.    •): 

£       >. 

0  i:{ 

4 

0     4 

0 

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ORDINARY  CONVEYANCING  CHARGES  IN  COMMON  CASES. 

{All  special  Attendances  relatiity  to  each  matter  viKst  he  iniroJuced  as  they 
occur;  these  Precedents  are  framed  more  as  a  tjuide  to  the  ordinary  and 
general  and  common  Charfjes.) 
Ordinary  Vendors  Solicitor's  Charges  on  Agreement  and  Conveyance. 

Attending  you  when  you  informed  me  that  you  had  agreed  with 
Mr.  for  Side  of  your  house  at  for  the 

sum  of  and  advising  agreement  to  be  entered  into 

between  you 

Attending  you  subsequently  and  taking  instructions  for  agreement 

to  be  sent  to  Mr.  ,  solicitor 

Drawing  agieement,  per  folio    ....•••• 

Pair  copy  lor  perusal  of  purchaser's  solicitor,  per  folio 

Writing  him  therewith  ami  clerk's  attendance  .         .         .         .         • 

Attending  him  on  his  returning  sjiTue,  going  through  hia  various 
alterations  antl  in  i)art  explaining  title  to  his  satisfaction,  and  <lraft 
agreement  appioveil        .         .         .         •         •         • 
Two  fair  copies  of  agreement  for  signature,  per  folio,  each 
Attending  attesting  execution  thereof         ...... 

Drawing  abstract  of  your  title  to  the  premises,  at  per  folio 

Pair  coj»y,  at  per  fnlio • 

Attending  jmrchaser's  solicitor  therewith,  and  afterwards  attending 

him,  making  an  appointment  to  compai-e  same  with  deeds     . 
Attending  examination  of  al-stiact  with  deeds  (each  li.iur) 
Perusing  and  considering  reciuisitions  upon  title        .         .         . 
This  must  entirelv  depend   upon  the  leiiuth  and  the   special  nature 
thereof,  having  reference  to  the  abstract  and  the  lime  engaged  ;  if 
short  rotiuisitions,  the  usual  diarge  would  be  .... 

If  special  and  extending  to  any  length.  His.  4d.  or  i'l  1*.  a>  the 
circumstances  of  each  case  would  disclose. 


(1 

(j 

8 

(1 

1 

0 

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(1 

4 

(1 

5 

0 

0 

6 

8 

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8 

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1 

0 

(1 

0 

4 

0 

6 

8 

0 

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8 

0     G     8 


9:^2  AiTENinx  iir. 


£ 


Atteiuliiij^  you  coiifeiring  on  the  requisition.s  and  takin;^'  duwu  lull 

instructions  to  answer  same  .         .         .         .         .         .         .         .068 

Drawing  replies  thereto,  folios        ,  at  per  folio         .         .         .         .010 

Fair  copy,  at  per  folio .004 

Purchaser's  solicitor  having  required  to  be  furnished  with  an  abstract 
of  the  deeds  recited  in  a  former  purchase  deed  and  covenanted  to 
he  produced,  drawing  abstract  accordingly,  at  per  folio  .         .         .010 

Fair  copy,  at  per  folio 004 

Writing  him  therewith,  and  where  he  could  see  the  deeds,  and  clerk's 

attendance 050 

Writing  the  solicitor  of  Mr.  to  produce  same  pursuant 

to  his  covenant,  and  that  I  would  pay  his  charges  .         .         .036 

Attending  purchaser's  solicitor  after  inspection  of  further  deeds,  and 
conferring  upon  the  requisitions,  and  satisfying  him  thereon  by 
reference  to  documents  in  my  possession        .         .         .         .         .068 

AYriting  Mr.  for  amount  of  his  charges,  and   clerk's 

attendance  paying  same  .         .         .         .         .         .         .         .050 

Paid  his  charges         .......... 

Perusing  draft  conveyance,  for  every  15  folios  .         .         .         .         .050 

Fair  copy  to  keep,  per  folio        .         .         .         .         .         .         .         .004 

Instructions  to  Mr.  to  settle  sanu-.  .         .         .         .068 

Attending  him 0     6     8 

Paid  his  fee  and  clerk        ......... 

Attending  returning  draft  approved  .         .         .         .         .         .         .068 

Attending  him  on  his  calling,  discussing  my  alterations  tlierein,  when 

draft  finally  settled         .        .         . 068 

Examining  engrossment,  each  skin  of  15  folios  .         .         .         .         .034 
Attending  purchaser's  solicitor,  when  he  informed  me  his  client  was 

ready  to  complete,  and  making  appointment  accordingly       .         .068 
Drawing  schedule  of  deeds  and  documents  to  be  given  on  comple- 
tion, at  per  folio     .         .         . 0     10 

Making  fair  co]n'  of  same  in  duplicate,  at  per  folio  each    .         .         .004 
Writing  and  infoiniing  you  of  the  time  appointed  to  complete  sale   .036 
Attending  completion        .         .         .         .         .         .         .         .         .0134 

Letters,  &c 0     5     0 


(Jrdiiiary  Vtvjhr''s  Solicitor s  Chargts — Balcx  hy  Auction, 

Attciidiiig  you  upon  your  bringing  me  deeds,  and  taking  insti'uc- 
tions  to  prepare  abstract  of  title,  in  order  to  sell  your  interest  in 
j)roperty  at  by  public  auction    ..... 

Drawing  abstract  accordingly,  at  per  folio  ..... 

Attending  you  confeiring  thereon,  and  taking  down  full  jiarticulars 
of  tenancy,  and  as  to  the  taxes,  &c.,  &c.,  for  particulars  and  condi- 
tions of  sale    ........... 

Diawing  jiaiticulars  and  conditions  of  sale,  ]ier  folio 

Fair  (;o})y  for  auction(;er,  each  folio    ....... 

Attending  auctioneer  thereon,  and  fully  instructing  him  . 

Attending  counsel  therewith,  to  settle        ...... 

Paid  his  fee  and  clerk 

Fair  copy  for  the  printer,  ]ier  folio 0     0    4 


0 

6 

8 

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8 

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()K1>inai;y  vi:ni)Ok\s  somcitou's  ciiarcks.     aictions.     1)23 


Examiniii},'  proof  sheet,  2<l.  ].ei  f.-liu  ;  and  uttemliii;,'  aiictionctT 
therewith  and  tlieroon    ......... 

Attending'  auftioiieer  previous  to  sale,  iully  instituting'  him,  and 
anan^'in;,'  resoivtd  Lidding     .         . 

Attending  sale  ........... 

Fair  copy  ahstract  fur  purchaser's  .solicitor,  at  jier  fulio 

Attending  delivering  same  ........ 

(See  further  charges  as  at  pages  t)21,  U22.) 


OnUn'tnj  Puirhusfrs  Costs,  on  Ayreem^nt  to  J'unhase  and  Conveyance. 

Attending  you,  whc-n  you  infoi  ined  nie  that  you  had  agreed  witii  Mr. 
for  the  imrchase  of  ,  and  taking  in- 

structions to  i)eruse  and  settle  agreement  on  your  behalf       ."       .     0     G     8 
Perusing  agreement  accordingly,  every  lo  folios        .         .         .         .050 

Fair  copy  tliereof,  per  folio       ".         .' U     0     4 

Attending  you,  reading  same  over,  and  giving  yuu  full  exjilanatiun 
as  to  certain  conditions  imposed   njjon  you  ;  you  agreed  thereto, 

subject  to  my  alterations  made  therein  ". 0     G     8 

AVriting  returning  agreement,  and  of  your  determination,  and  clerk's 

attendance      .         .         .         .         .         .         .         .         .         ,         .     0     .">     0 

Having    received   dujdicate    coi)y   agreement   for  your    signature, 

e.xamining  same,  for  every  1.")  folios       .         .         '.         .         .         .     (i     .3     4 

Attending  you  on  your  signing  same 0     G     8 

Appointment  to  exchange  and  attending  exchanging  .         .         .     O     G     8 

Writing  vendor's  solicitor  that  I  should  attend  to  examine  ab.itiact       0     3     G 
Attending   comparing  abstract  with  deeds.     Self  and  clerk,  e;ich 

l»o"i" 0  10     0 

Perusing  abstract  of  title,  for  every  3  sheets 0     G     8 

Drawing  and  fair  copy  instructions  for  counsel  to  advise  on  alistract 

(included  in  perusal) 

Attending  him  therewith  .         . 0G8 

Paid  his  fee  and  clerk 

Drawing  re(iuisitions  upon  title  and  fail- copy,  ])er  sheet    .  .         .0  10 

Writin;,'  to  vendor's  solicitor  therewith  and  clerk's  attendance  .         .     0     "j     0 
Perusing  replies  to  retpiisitions,  and  making  ol'servations  theivon, 

according  to  lengtli  of  requisitions 

Attending  Mr.  to  advise  on  sutiicieni  y  thereof    .         .     0     G     8 

Paid  his  fee  and  clerk        ......... 

Instructions  for  conveyance                .         .                                             .     0     G     8 
Drawing  same,  per  folio o     1     0 


{ff  settled  bij  Counsel.) 

Attending  Mr.  therewith  to  settle         .         .         .         .     <•     u     -- 

Paid  his  fee       ........... 

Fair  copy  for  perusal  of  vendor's  solicitor,  folios         ,  at  i»er  lolio      .004 
Perusing  and  considering  his  alterations  in  draft,  and  att«;nding  him 

thereon,  same  fiually  settled 0     6     8 


() 


9^4  APPENDIX   HI. 

£        !.        d. 

Ingrossing  conveyance,  per  folio 0     0     8 

Paid  stamps  (amount  paid)  and  parcliment  (55.  per  skin)  .  '      . 

Attending  sti\mping 068 

Attending  vendor's  solicitor  therewith  for  exan)ination     .         .         .068 
Attending   him  informing  him  of  my  readiness  to  complete,  and 

making  appointment  to  pay  over  purchase  money  .         .         .068 

Searching  for  judgments,   crown  debts,  lis  pendens,  annuities,  &c., 

each  hour  engaged 0,68 

Paid  search 

Searching   incumbrances    (if    at    Middlesex    Registry),   each   hour 

engaged  .         .         .         .         .         .         •         •         •         •         .068 

Paid  search        .         .         .         .         .         .         •         •         •         • 

Attending  inspecting   memorials   (according   to   time   occupied,   as 

above)    ....         

Paid 

Attending  searching  for  bankruptcy  proceedings  and  deeds  of  com- 
promise with  creditors 0  13     4 

Paid  search 020 

Attending  completion 0  13     4 

Letters,  messengers,  &c 0     5     0 


Ordinary  Mortijago/s  Solicitor's  Cliaajes. 

Attending  you  when  you  desired  me  to  obtain  for  you  the  luan  of 
£1000  upon  your  property  at  ,  when  you  requested  me 

to  insert  advertisement  for  the  loan,  and  taking  down  full  par- 
ticulars for  that  purpose  ........ 

Drawing  advertisement  accordingly  and  fair  copy      .         .         .         .068 

Copy  for  insertion  in  the  Times 0     10 

Attending  with  same  and  bespeaking  insertion  .         .         .         .     0     "     " 

Paid 

Writing  Mr.  in  answer  to  his  application  as  to  adver- 

tisement,   and   giving   him    full   and   general  particulars   of  the 

])roperty  proposed  to  be  mortgaged 

The  like  to  Mr.  0     5     0 

Attending  you,  when  you  informed  me  Mr.  had  agreed 

to  advance  you  the  retpiired  amount,  and  taking   instructions  to_ 
communicate  with  his  s(dicitor,  and  you  handed  me  the  whole  of 
the  ileeds         ......•••.• 

Drawing  abstract  and  fair  copy,  at  i)er  folio        .  .  .  .  . 

Attending   delivering   same    to   mortgagee's    solicitoi',    and    niukiiig 
appointment  to  compare  same  witli  deeds        ..... 

Atteniling  examination  of  abstract  (each  hour  engaged) 

Perusing  and  considering  requisitions  upon  title        .... 

(If  special,  13s.  4d.) 

Drawing  replies  thereto  and  fair  copy,  folios         ,  at  per  folio   . 

Writing  therewith  and  clerk's  attendance 

Fair  copy  draft  mortgage  to  keep,  40  foli(js         .  .  . 

Perusing  and  making  alterations  in  same,  eipial  to  3  skins 
Atteniling  conferring  as  to  my  alterations  and  finally  settling  draft  . 


0     6     8 


6 


0     5     0 


0 

6 

8 

0 

1 

•1 

0 

6 

8 

0 

6 

8 

0 

6 

8 

0 

1 

4 

0 

5 

0 

0 

13 

4 

0 

15 

0 

0 

6 

8 

0 

3 

r, 

0 

10 

0 

0 

13 

4 

0 

1 

0 

0 

0 

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0 

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OIU>ISARV    MoUKJAGOK'.s    CHAllOKS.  !>-■' 


Wriliii},'  mort<,'a^'t'c:'.s  snlicitur  lliat  |in'iin>tMl  aiiiiuiutiiu-nt  t<i  r<>m- 
])letc  would  suit      .         .  ...... 

Kx.iminiii^'  fnpms.Mmi'nt  of  inortj,'a;,'f  (35.  4*/.  jmt  skin  <>f  l.'»  f<'li<>s)     . 

Attcudin;,'  coinplflion  of  mortga^^e  iiioney  paid  ovt-r 

Drawing'  schedule  of  deeds  to  be  handed  over  and  signed  1>y  iii<«it- 
),'a;^'ee,  per  lolio        ........•• 

Fair  copy,  in  duplicate  folio,  at  per  folio  ...... 

Letters,  d^c 


Ordinary  Mortgagee's  Solicitor's  Cliargcx. 

Attendiu}^'  yon  on  your  infurnaiir^  me  of  your  consent  to  advance  Mr. 
the  sum  (if  ,  l>y  way  i>f  mortj,'a;,'«"  •"»  » 

and  that  hi.s  solicitur  would  cnmmunicate  with  me  <>ii  the  subject, 

and  taking'  your  iTistructions  therenn      .         .         .         .         .         .008 

Writing,'  niortj^agor's  .s()licit(jr  that  I  was  ready  to  proceed  with  the 

matter  and  recpU'.stin;.,'  to  be  furnished  with  abstract  of  title  as 

early  as  convenient         ......••• 

Having  received  abstract  of  title,  writing  making  ajipointment   to 

inspect  deeds  .  .  .  .  •  •  •  •  •      .    • 

Attending,  i)ur8uant  to  ai)pointment,  ami  coniparing  abstract  with 

deeds  i)roduced— self  and  clerk  engaged  two  hours  (105.  l)er  hour)      1 
Perusing  abstract,  folios  (for  every  3  sheet.s,  fk  b(/.)  .         .         .      1    13      1 

Instructions  for  Mr.  to  ;idvise  on  abstract  and  attendin- 

him 0     6     8 

Paid  his  fee  and  clerk 24G 

0     14 

0    :.    0 

0     (5     8 


0  3  G 
0  3  6 
0 


Drawing  requisitions  wyun  title  and  fair  cojiy,  folios     ,  at  per  lol 

Writing  mortgagor's  .solicitor  therewith  and  clerk's  attendance 

Perusiii''  and  considering  replies  to  reuuisititm 

Instructions  for  mortgage  .         .         .         .         •         •         •         .     u     «>     o 

Drawing  same,  40  folios  (l.s\  per  folio)         .         .         .         •  .200 

Fair  co])y  for  mortgagor's  solicitor's  approval  (4'/.  ]>er  folin)       .  0  13     4 

Attending  him  therewith ,.    ■     "^     ^'     ^ 

Perusing'  and    considering  his  alterations  in  ilraft,  and    attending 

him  thereon,  tinally  settling  same 

Insert  Iwre  such  other  and  general  attendances  as  mag  have  Itecowf 
necessary  by  the  alterations  in  draft,  or  agreeing  vj>on  final 
terms  upon  mortgage  money  advanced. 

Engrossing  mortgage,  8rf.  per  folio 

Paid  for  stamps  (as  paid). 

Parchment  (5.<.  per  skin) 

Attending  stamping .■      .   • 

Writing  mortgagor's  .solicitor  with  engrossment  for  exanunation  and 

clerks  attemlance  therewith 

Searching  for  judgments,  annuities,  and    crown   .lebts  (each    hour 

engaged)  .  

Paid  search  (as  ]>aid)  .         .         •         •  ■         •         • 

Searching  bankruptcy  and  deeds  of  compromise  with  creditors   sjune 

charge). 

Pai^  •         •         •  .       • .I  n     4 

Attending  execution  ot  mortgage ^     .     i; 

Letters,  &.c 


0     6     8 


1     n    8 


0 

6     8 

0 

.-.    0 

0 

n    8 

0    :>    0 


926 


APPENDIX    III. 


Lease  and  Coimtojnirt. 

Instnictions  for  lease • 

Dra^ving  same,  each  folio  .         .         . 

Fair  copy  for  perusal  of  lessee's  solicitor,  per  folio     .... 

Attending  him  therewith 

Perusing  and  considering  alterations  in  draft  and  consenting  thereto 
Engrossing  lease  and  counterpart,  each  per  folio  .... 
Paid  for  stamp  (as  paid)  and  parchment  (5s.  each  skin)      . 

Attending  to  stamp 

Attending  execution  of  lease 

Attending  making  appointment  and  exchanging  lease  for  counter- 
part         

Letters,  &c 


£     s. 


0     6 
0  13 


6     8 


Of  Memorial  of  Deed  Refjistered. 

Drawing  and  fair  copy  memorial,  per  folio 
Engrossing,  per  folio  .         .         . 

Paid  for  stamp  and  parchment 

Attending  execution  of  memorial       .         .         .         . 
Attending  to  register  memorial  and  afterwards  for  same 
Paid. 


0 

1 

0 

0 

0 

8 

0 

5 

0 

0 

6 

8 

0 

6 

8 

INDEX  OF  MATTER. 


ABANDONED 

motions. — Sec  Motions. 
petitions — See  Petitions. 
Kummous — See  Ciiambkhs. 

ABATEMENT  OF  ACTION, 

death  of  sole  plaintiff,  by,  order  made  on,  Sl] 
husband,  bj^  deatli  of,  in  joint  suit,  con^ecpicuces  of,   .SfiO 
marriage  of  sole  female  plaiutitl",  by,  order  made  ou,  S3 
and  see  Revivor. 

ABSTRACT, 

costs  of  comparing,  with  deeds,  .S7!) 

ABSTRACT  OF  DEED, 

to  accompany  case,  costs  of,  disallowed,  40(» 

ACCOUNT, 

client  may  bring  an  action  for,  against  solicitor,  4.")7  ;  but  not  solicitor 

against  client,  .")48 
costs  (if  actions  for  an,  102 — 164;  order  for  payment  of,  may  be  made 

at  the  hearing,  104 
wrong,  trustees  may  be  allowed  costs,  though  money  paid  into,  .'US 

ACCOUNTANT, 

costs  of  employing,  payable  by  personal  representative,  wlirn-,   1 10 
em])loyed  to  assist  the  court,  foes  to,  4SS 
scale  of  charges  for  payment  of,  407 

ACCOUNTANT-GENERAL, 

brokerage  payable  to,  ou  investment  of  purchase  money,  pai<l  by  rail- 
way company,  '287 
cheque  of  tlie,  not  delivered  out,  cannot  hi  t:ikeu  in  execution,  btit 
stop  order  may  be  obtained  ou  it,  523 

And  .s.<    I'AVMASTEK-CiENEKAI-. 

ACCOUNTING  PARTY, 

mortgagee  may  be  charged  with  costs  as  an,  104,  2.'{i» 

ACCOUNTS, 

executor,  neglect  bj',  to  furnish,  not  e<juivalcut  to  refusal,  104  ;  bound 

to  render,  to  solicitor  of  legatees,  /'</'/. 
not  keeping,  defendant  chargeil  witli  costs,   103 
refusing  to  reruler,  defendant  chargetl  with  costs  up  to  the  hearing, 

but  may  have  subsctpieut  costs,  102,  103 


928  INDEX   OF   JIATTER. 

ACT  OF  PARLIAMENT, 

costs  of  obtaiuing  an,  for  regulation  of  a  charity,  208 
what  costs  now  payable  according  to,  2,  3,  26.3 
And  .sv,'  Pjuvate  Act. 

ACTIOX, 

commenced  without  authority,  86  seq. 
dismissal  of,  for  want  of  prosecution,  55 — 57,  80  seq. 
may  be  heard  ou  question  of  costs  alone,  135 
test,  136 

ACTION,  COSTS  OF  THE, 

advance,  ou  account  of,  where  made,  124 

allegations  preventing  cause  being  heard  on  demurrer,  effect  of,  on,  111 

apportionment  of,  129 — 132 

contriliutiou  for,  amongst  defendants,  121 

defendant  succeeding  only  on  some  grounds  of  defence,  may  have  full, 

where,  113  ;  not  putting  in  a  demurrer,  111,  112 
discretionary  iu  Chanc.  Div.,  but  in  general  follow  the  result,  94,  95 
disposed  of,  may  be,  at  different  times,  93,  94 
disposal  of,  before  trial,  73 — 89 

fraud,  how  affected  by,  100,  107  ;  by  uuproven  charges  of,  Ihuf. 
hard  case,  where  it  is  a,  109 
interlocutory  application,  cannot  be  disposed  of  on,  unless  by  consent, 

77 — 79  ;  but  defendant's  refusal  to  consent  may  influence  the  disposal 

of  costs   at   the   hearing,  ibid.  ;  exceptions  in  suits  which  are  not 

brought  to  a  hearing,  79 
jury,  where  action  tried  with  a,  follow  the  event,  unless  otherwise 

ordered,  95 
lacJtfs,    plaintiff  may   lose   the,    owing   to,   though   he  obtains   relief, 

107,  108 
misconduct  of  either  party,  effect  of,  on,  107—109 
negotiations  before  suit,  effect  of,  on,  105 
novelty  of  point  of  law,  in  case  of,  109 
payment  into  Court,  effect  of,  ou,  103,  104 
plaintiff   failing  ou  j^art  of   his  case  may  have  full,  or  the  contrary, 

where,  113  ;  failing  on  the  main  point  cannot  have  the,  by  raising  a 

minor  point,  114  ;  failing,  may  liavc  costs  out  of  a  fund  or  an  estate, 

90;  but '/''.  wlicthci' from  defendant  personally,  98;  successful,  may 

be  ordered  to  pay  all  the,  95  ;  suing  to  enforce  a  legal  right,  entitled 

to,  as  of  right,  98 
previous  decisiun  on  same  point,  cli'cct  of,  ou,  110 
reservation  of,  effect  of,  93 
reserved  with  further  consideration,  without  express  mention,  03  ;  but 

not  if  partly  disposed  of  Ijy  decree  at  the  hearing,  /////. 
solicitor  may  liavc  a  charge  for  the,  on  tlie  property  recovered,  561 
suggestion  or  recommendation  of  tlie  Court,  where  the  suit  is  instituted 

on  the,  1 14 
taxation  of  the,  extends  up  to  what  period,  475,  476 
tender,  effect  of,  ou,  102  —  106 
unsuccessful  paity  pays  the,  only  as  between  party  and  party,  unless 

there  is  a  fiduciaiy  relation  between  the  parties,  or  there  is  something 

in  tlic  nature  of  scaiufal,  96,  402 

ACTUAIU  i:.s, 

employed  to  assist  tlio  Court,  fees  to,  488 

ADDKESS, 

misdescrij)tion  of  plaintiff's,  where  security  for  costs  rotiuired  in   case 
of,  10,  II 


lNi>i:x  o:-  MATTi::i.  D-J'J 


ADMINISTRATION  OF  ASSKTS, 

[iiioiity  in,  of  solicitor's  lien  ou  finuls  recovered,  '>Cil 

AD.MlXlsriJATION  OK  ASSHTS,  AimONS   1«'()K, 

apportioiimcut  of  costs  of,  hutween  (liUoriiit  parts  of  residuL",  liJC,  \t',~  ; 
wliure  .suit  con)prises  oilier  purposes,  or  two  estates  are  u'lininisteri-d 

in  one  suit,    17^^;    wiiere  a   mixed   fund  of   realty   and   personalty 

is  created,  174,  17.");   between  appoiuteil  and  unappointed  parts  of  a 

fund,  177,  17s  ;  l>etsveeu  devised  and  descended  real  estate,  175 
assignor  and  assignee  entitled  only  to  one  set  of  costs  in,  187,  IS8 
consolidated,   several,   plaiiitill'  having  conduct  of,  allowed  his  extra 

costs,  17>S 
costs  of,  come  out  of  tlic  estate,  Ki.") 
costs  of  proce-idings  in,  occasioned  by  lauds  being  taken  conipulsorily, 

to  be  liornc  Ijy  tlie  company,  21)0,  .swy. 
county  Court,  in,  costs  of,   may  be  taxed  in  the  Chancery  Division, 

•204 
executorship  expenses,  costs  of,  included  in,  17- 
iusuiHcieucy  of  estate,   in  case  of,   costs  of,   how  borne,  '200,   irj.  ;  to 

wh^m  costs  as  between  solicitor  and  client  allowed,  •_'01,  'J()"J 
mortgagee,  instituted  by,  eosts  of,  where  payable  in  priority  to  principal 

and  interest.  1!)(>  — lil.S  ;  and  «.  MouTciACEK. 
particular  fund,  what  words  suHicieiit  to  ciiargc  a,  with  costs  of,  17- 
plaiutifl"  may  have  costs  of,  thougli  he  fails  in  some  particular  claim, 

171 
principles  as  to  costs  of,  where  applicable  to  special  case,  9J  • 

priority  of  costs  of,  over  costs  of  suit  in  Probate  Division,  17S  ;  but  not 

over  charges  of  ollicer  of  the  court,  iOi'l.  ;  over  debts,  200 
real  and  pcisoual  estate  administered  in  same  suit,  rules  as  to  costs, 

174,  17.". 
real  estate  only  administered,  rule  as  to  costs,  177 
receiver  appointed  by  will,  a  proper  party  to,  SS4 
residue,  costs  payable  out  of,  IG."),  10(5 
sale  of  mortgaged  property  in,  costs  of,   whether  payable  in  priority  to 

niortgagees  i)riucipal  and  interest,  19!) 
set-otr  of  costs  awarded  in,  to  parties  who  are  debtors  to  estate,  190 
"testamentary  expenses,"  costs  of,  included  in,  17- 
where  personal  estate  is  exhausted  in  payment  of  debts,  costs  of.  how 

to  be  Ijorue,  177;    where  tlierc  is  no  personal  estate,  ////(/. 
where  proceedings  are  not  for  the  benefit  of  the  estate,  costs  liow  t<i  be 

borne,  171  ;   where  some  of  residuary  legatees  or  next  of  kin  have 

been  settled  with  before  suit,  /'-/'/.  ;  or  object  to  the  suit  as  nuneces- 

sary,  /'//'/. 
where  two  are  instituteil,  one  may  be  stayed,  in  wluat  cases,  and  u]>on 

what  terms,  19J  — 19(i;  if  decree  made  in  second,  costs  of  it  payable 

out  of  assets  in  lirst,  19(i;  if  no  decree  made  in  second  suit,  costs 

allowed  up  to  notice  of  decree  in  lirst  suit  <udy,  /'//. 
And   S'--  Cm AMiiKii.s,  Ci.A.'^s,  CnKinroi:,  Ci:ki>i  roics'   AiTioX,  ExECl'- 

TOK.S.    LkcATKKs'    Ai'TItiN,     It KSIIH" Al! V    l,r.<; ATKKS. 

ADMINISTKATloN,  LKITERS  ()K, 

formal  party  in  administration  suit,  costa  of  taking  out,  \o  a.  189 
mortgagee  allowed  costs  of  taking  out,  to  incumbrancer  under  mort- 
gagor, and  to  mortgagor.  '2'^(^ 
revoked,  administrator  under,  wiicn  allowed  costs,  1S4,  1S."» 

ADMINISTR.VTOR  AD  LITEM, 
costs  of,  401 

3  o 


930  I^rOEX   OF    MATTER. 

ADMINISTRATOR  DE  BONIS  XOX, 
costs  of,  201 

ADMINISTRATORS.— ,SV.'  Execl^tov.s,  Tku.stees. 

ADMISSIONS, 

parties  refusing  to  make,  to  pay  costs  of  proof,  112 

ADVANCE  ou  acconut  of  costs,  where  made  to  plaintifT,  124 
ADVANCEMENT  of  caxisc,  costs  of  motion  for,  r>2 

ADVERSE  CLAIMANTS. 

costs  occasioned  by  litigation  between,  what  are,  2S-1,  a. 

AFFIDAVITS, 

costs,  ou  question  of,  what  may  be  used,  120 

counsel,  settled  by,  where  costs  of,  allowed,  489 

liled  but  not  entered  as  read,  costs  of,  disallowed  on  taxation,  4SG 

prolixity  of,  taxing  master  directed  to  regard,  39,  484 

scandalous  matter  in,  37 

supplemental,  neglect  of  trustee  to  file,  319 

trustees  not  allowed  costs  of  copies  of,  on  applications  under  Trustee 

Relief  Act,  319 
unnecessary  matter  in,  40,  488 

AGENCY  BUSINESS 

-within  the  Attornies  and  Solicitors  Act,  427 

AGENCY  CORRESPONDENCE, 
costs  of,  503 

AGENT.— ;S'ee  Town  Agent. 

AGREEMENTS  between  solicitor  and  client  as  to  costs,  417—425 
And  see  Solicitor  and  Client,  Agreements  Between. 

ALIQUOT  SHARE, 

persons  entitled  to,  of  purchase  monies,  may  obtain  payment  without 
service  on  other  parties,  298 

ALLOCATUR.— -Sec  Taxing  Master. 

ALTERNATIVE  RELIEF, 

bill  praying,  dismissed  with  costs  as  to  defendants,  not  necessary  parties 
in  view  adopted  by  court,  1 1 8 

AMBASSADOR.— >S'ce  Security  eou  Costs. 

AMENDMENTS, 

acceptance  of  costs  of,  waiver  of  irregularity  in  order  giving  leave  to 

amend,  .36 
counter,  33 
defendant,  liy,  32 
disallowance  of,  32 

fresli  case  set  up  by,  costs  wlierc,  35,  113 
general  ])0wers  of,  32 
misjoinder  of  parties,  in  case  of,  33 
l.laintitr,  by,  32 
lileadiug,  of,  generally  allowed  on  payment  of  costs,  33 


JN'PKX    I'F    MATTKI!.  '^•*  ^ 


A  M ICN I  >M  l''NT.S  —null  ill  loil. 

atrikiiig  out  iillegations,  :5'2,  .'ij 
uniiecfasary,  .'{<) 
voxiitious  ami  oppressive,  :]J 
writ,  of,  '.y2 

APPKAL. 

aljiuuloiietl,  costs  of,  U7,  H'^ 
ailiuiralty,  security  for  costs  of,  14^ 
h.inkniiitcy,  security  for  costs  of,  11.'} 

SS'for,'tI)rioa  without  leave.  Vu,  15S;  exceptions  to  rule,  l.S 

diir^re^nce  of  opinion  between  nionibers  r.f  the  (■ouit  of.  \^>^.  {"^'^ 
clismissca,  order  of  the  coi.rt  below  as  to  costs  u-.tjancl,  14.. 
hcarin..',  where  appellant  makes  default  at  the,  14/ 
olliciafli.iuidator,  costsof,  on,  -'71 
order  for  paynieut  of  costs  by  Lourt  of,  4,b 
printing  evidence  for  purposes  of,  without  leave,  140 
respondent,  costs  of,  14()  „         ,  ,  ,- 

short-handnotesnot  usually  allowed  on  an,  14/ 

Security  for  costs  of,   to  be  g.veu  under  special  cucumstaoces.  141  . 
from  whom  ie(iuircd,  141,  142 

application  for,  must  be  made  prompJy,  14_ 

foreigner  domiciled  abroad  must  give,  141 

how  to  be  given,  14:i 

insolvent  must  give,  142 

or  appeal  will  be  dismissed,  14.J 
stay  of  execution  for  costs,  pending  an   509  i. ..   l.nt  not  in- 

successful,    costs   of,    generally  given  to  appellant.    144  ,   but  not  in 

variably,  //'"'. 
winding  up  order,  from,  142 
withdrawal  of,  149 

And  srr  Hou.se  of  Lokds. 

APPOINTKD  ANl)  rNAPPOlNTI-D  I'Al'.TS  dl;  "\>i^     , 
ooits  of  suit  foi-  a.lniiuistratioi.  I»..l  .MciUy  out  ,.f,  1 . . .  1 . ^ 

*''S™S;g  to  t-ausfc,.  f«,uU  UU..O,.  „„,  .-..cu  a1,o«.  co,U,  m 

^'''X|S^S  ™1-^.    AnM,Ms..™o.   0.    A..«,  AC. 

CourrnotTuclined  to  make  nice  distinctions  ns  to,  123 

defendants,  between,  121,  122  nrnnortion   of.    and 

general   chaiges.    what   directions  for.   will   gnc  proportioa   oi. 

contra,  129,  130 
railway  companies,  between,  301 
subject-matter  of  the  suit,  with  re  ere  nee  to,  l.i> 
tenant  for  life  and  remaindermen,  between,  3-4,  6.o 
time,  as  to,  94 


932  INDEX    OF   MATTER, 

ARBITRATION, 

where  costs  have  beeu  referred  to,  an  order  of  course  for  taxation 
irregular,  439 

ARBITRATOR, 

uiistake  of,  as  to  law  of  costs,  9() 

party,  may  be  made  a,  for  the  purpose  of  having  costs  paid  by  him, 

38(J 
power  of,  to  award  costs,  9G 

ARGUMENT, 

short-haud  writer's  notes  of  the,  never  allowed,  499 

ARRANGEMENT, 

company  not  bound  to  pay  costs  of  petition  for  payment  of  pui-chase 
monies  into  Court  under  an,  '299 

ASSESSORS, 

nautical,  costs  of  employing,  499 

ASSETS,  ADMISSION  OF— ,SVy  Lkoatee's  Action. 

ASSETS,    ADMINISTRATION   OF—Scc  Administration   of   Assets, 
Actions  for. 

ASSIGNEES,  COSTS  OF, 

as  between  assignor  and  assignee,  187,  334 

as  between  themselves  and  strangers,  331 

mortgagee,  of,  in  suits  to  set  aside  securities,  232 ;  in  foreclosure  or 

redemption  actions,  where  assignment  before  action,  233,  234  ;  where 

assignment  pciuL'ntc  life,  234,  235 
i-eversions,  in  suits  to  set  aside  sales,  &c.,  of,  2r)0 

ATTACHMENT, 

bankrupt,  when  protected  from,  528 

costs  of,  533 

costs,  for,  527 

discharge,  533,  534 

dispensed  with,  530,  532 

execution  of  writ  of,  does  not  affect  lien  or  right  of  set-off,  509 

generally,  527 — 536 

irregularities  in,  534 

leave  to  issue,  necessary,  528 

not  liailable,  530 

peer  or  member  of  parliament,  writ  cannot  be  issued  against,  528 

prisoner  once  discharged  cannot  he  retaken  under  an,  534;  secus,  where 

the  first  taking  was  irregular,  ih. 
proceedings  on  return   of  writ  of,  where  party  is  taken,  530  ;  where 

sheriff  returns  non  cut  Inventus,  530,  seq. 
returns  to  writ,  530,  s/v/. 
service  of  notice  of  motion  for,  529 
set  aside  for  irregularity,  529 

solicitor's  lien  not  discharged  by  taking  client  under  an,  398 
solicitor  when  liable  to,  527,  529,  530 
writ  of,  may  issue  on  notice  of  motion  to  commit,  529 

ATTACHMENT  OF  DEBTS, 

costs  of  application  for,  521,  522 
execution  by,  520- -522 
order  not  enforcible  by,  521 
solicitor's  lieu,  ellcct  of,  on,  521 


INDEX    OF    MATTKK.  9^3 

ATTOKNEY-riENERAL, 

.•viHiearauoe  of,  on  pctitiou,  wlicrc  costs  of,  allowed  against  railway 
company,  .SOU 

appearing  in  a  suit,  without  Ijt'ing  iikkIu  a  party,  to  argue  a  point  on 
behalf  of  the  Crown,  not  allowed  costs,  if  unsuccessful,  .'{IIS 

brief  to,  on  hearing  of  charity  information,  allowed  ou  taxation  bctwcea 
party  and  party,  'JO") 

charity  suits,  in,  suing  rx  officio,  receives  but  does  not  pay  costs,  204, 
211,  '.V.i~  ;  where  there  is  a  relator,  disalloweil  costs  of  attending  pro- 
ceedings under  decree  by  s  ,'parate  solicitor,  20.")  ;  allowed  costs  out  of 
funds  where  defendant  onlcred  to  pay  is  insolvent,  20(3 

costs    charges    and  expenses  of,   relating  to  a  c!iarity,   how  obtained, 

2i;{,  .3:^7 

Crown,  in  suits  to  recover  i)ropcrty  on  behalf  of  the,  may  now  rejover 

costs,  ?>'M\  \  or  costs  may  be  recovered  against,  .'i.'i'J 
defendant,  as,  where  entitled  to  costs  out  of  fumls  or  estate,  2.37,  20S 
felon,  claiming  tiie  share  of  a,  in  an  admiiiistration  suit,  co3ts,  ISS,  .'J.'JS 
House  of  Lords,  appealing  to  the,  not  reipiired  to  enter  into  recogni- 
sance. 1,")0 
National  Debt  Act,  1S70,  under,  costs  of,  3J9 
petition  of  right,  on  a,  may  recover  costs  from  suppliant,  and  rice  versa, 

339 
proceedings  before  the.  Court  cannot  award  costs  of,  adversely,  213 
proceedings  before  the,  to  obtain  fiat,  costs  of,  arc  costs  in  the  cause, 
2US 

ATTORNEY,  POWER  OF, 

executor  refusing  to  pay  on  a,  allowed  costs  of  payment  into  Court 

under  Trustee  Relief  Act,  31 U 
legatee  omitting  to  oiler,  may  lose  costs  of  suit,  1G9 

ATT0RXIE8  AND  SOLICITORS  ACT,  1813  (0  &  7  Vict.  c.  73), 
s.  31  (attorney  in  custody  cannot  practise),  5.J9 
s.  37  (delivery  and  taxation,  and  costs  of  taxation \'  420 — 432,  435 — 

447 
ss.  38,  39,  40  (third  party  clauses),  4.58 — 46G 
s.  41  (taxation  after  jtaymcnt),  447 — 1")8 
to  be  construed  liberally  for  the  client,  429 

ATT0RN1P:s  and  .solicitors  act,   ISOl  (23&24  Vict.  c.  127), 
s.  27  (interest  on  costs),  .039 
8.  28  (solicitor's  charge  ou  property  recovered),  507 — 573 

ATTORNIES    and    solicitors    act,  1870  (.33  &  34  Vict.  c.    28), 
417— 42.3— i'ce  Solicitor  and  Cment,  Aukeemknt.s  betwkkx. 

auctioneer, 

costs  and  charges  of,  497 

deposit,  may  retain  costs,  kc,  out  of,  203 

trustee,  not  allowed  to  charge  commission,  405 


RANK  OF  ENGLAND, 
costs  of  the,  339 — 341 

BANKERS, 

trustees  not  allowed  compound  interest  ou  advances,  405 

BANKRCPT, 

certilicateil,    made  defendant,    where  entitled   to  costs   fiom   plaiulil)', 
118,  341 


934  INDEX    OF    MATTEK. 

BAXKRT^PT-  contlniicrL 

debtor  to  the  estate,  may  liave  costs,  341  ;  spcus,  as  to  his  trustee,  S35 

defcndaut  becomiug,  may  dismiss  suit  with  costs  for  waut  of  prosecii- 
tiou,  81,  o42 

defendant,  becoming,  plaintiff  may  lose  his  costs  up  to  the  bank- 
ruptcy, 342 

executor,  where  costs  of,  may  be  set  off"  against  debt  due  to  estate, 
190,  191,  342  ;  costs  of  assignees  of,  in  administration  suit,  188 

Imsband,  costs  of,  in  suit  between  wife  and  trustee,  o41 

party  interested,  is  not,  under  s.  o9  of  the  Attoruies  and  Solicitors  Act, 
1843,  4(i3 

plaiutiti',  sole,  Ijecoming,  order  made  on,  83,  341  ;  docs  not  pay  costs, 
though  suit  dismissed  on  merits,  except  in  case  of  fraud,  342 

trustee,  allowed  costs  as  between  solicitor  and  client,  325,  342 

BANKRUPTCY, 

effect  of,  on  solicitor's  lien,  557 
proof  in,  for  costs,  olO,  51 1 

BEDFORD  CHARITY  ACT, 

power  of  Court  to  award  costs  under  the,  212,  213 

BILL  IN  PARLIAMENT, 

costs  of  opposing,  264,  401 

costs  of  information  to  restrain  a  corporation  from  illegally  promoting, 
211 

BILL  OF  EXCHANfiE. 

lost,  costs  of  suit  in  respect  of,  llO 

BILLS  op;  costs, 

alterations  in,  not  permitted  after  reference,  except  in  special   cases, 

432,  473  ;  costs  of  application  to  make,  how  to  be  l^ornc,  ih. 
contents  of,  need  not  be  proved  in  action  by  solicitor,  430 
copies  of,  how  to  be  obtained,  471,  472 
delivered,  cannot  be  altered  in  taxation  between  solicitor  and  client, 

432;  secu.'<,  between  party  and  party,  ib.  ;  and  »c  473 
delivery  of,  j42(j— 432;  what  acts  solicitor  may  do  before,  429,   430; 

Low  enforced,  431  ;  Court  may  order,  though  twelve  months  have 

elapsed  since  paj'ment,  450  ;  to  third  party,  4(i4 
disljurscments,  what  should  be  entered  in,  427,  n. 
form  of,  432—435 

forms  and  precedents  of.  Appendix  III. 
gross  sum  charged  in,  solicitor  may  su^jply  a  detailed  explanation  of, 

on  taxation,  473 
including  cliurges  for  business  done  in  another  court,  4()y 
interest  on,  549 
items,  added  by  taxing-master,  to  be  considered  with  reference  to  costs 

of  taxation,  50(i  ;  but  new,  cannot  be  introduced  by  solicitor  with  a 

\iew  to  costs,  ih. 
liability  for,  co-petitionrr  cannot  diH[)ute  his,  while  order  for  taxation 

stands,  549 
non-delivery  of,  must  l)e  pleaded,  430 
paid,  may  be  opened  by  suit,  457 
])ayment  of,  how  enforced,  517 — 573 

payment  of,  what  amounts  to,  witli  lefeience  to  right  to  taxation,  448 
payment  and  delivery  of,  where  some  time  e!ai)Hes  between,  ell'ect  on 

right  t'>  taxation,  451,  .sry. 
recovery  of  amount  due  on,  by  solicitor  from  client,  547,  ?  '/. 


iNin;x  t>r  MM  U.K. 


y:i.i 


BILI^S  OF  COSTS  -ronf!nuf<l. 

ret.iincMl  l.y  «olicitor,  i)rt«im»e«l  to  l>c  taxaMc,  V2i,  ti. 
Bpcurity  for,  i-tlt-it  <>f  k'^  '"^''  ""  '■'^''*'  *"  •-.'xalioii.  JIS^ 
8ci>.-\rato  iBtatc  of  nianita  woiiian.  Iial.ilily  of,  for,  :Hi7 
Uliprofi'SHioiial  itfiim  alioulil  in.t  l.o  inclu.lcl  iii,  InU  lu  a  sq-avaU:  uiali 
account,  44'J,  474 

And  »<T  .Sol.KITOK,   Si)I.I(lTnu'>    I.II.N,   'I'WATION. 

BOUNDAUIKS,  C'bU  of  suit  to  acttlo,  -J  11 

BRKACH  OF  TIU'ST,  r  .         n    .1    „..J. 

ccstuis-ciMc-tiust  entitled   to  costs   of    m-itntus  respecting  a,    tlioii^li 

bcMfticial,  •_'!  1 
costs  of  suits  to  ii-i)air  a,  'JIO,  4(l.'i,  i  i 

executors  wlicrc  disallowed  or  cliarg.-.l  sMtii  osts  occasionL^I  I  , 

IS-J,  40S,  4(»;) 
And  so:  Exkcitous,  Tiustk.i:s. 

Attorncy-Ocneral,  to,  ou  hearing  of  a  charity  information,  allowc<l  on 
taxation,  '2()'>  n         i 

day  for  the  hearing,  to  lix  a,  where  counsels  fees  ou,  allowca  ou 
taxation,  494 

further,  fee  to  counsel  on  delivering,  493  .        ,  ,,  •.    .a.- 

pleadings,  of,  where  costs  of,  allowed  ou  compromise  of  the  suit,  4.K> 

CA.  SA.,  solicitor's  lieu  not  discharged  by  taking  client  in  execution  under  a 

writ  of,  7iM  .111  r  »r 

order  of  committal,  issued,  obeyed,  aud  executcu  Ukc  a,  o-O 

CALL  FOR  COSTS,  '274,  .sc/- 

CASH  ACCOUNTS  between  solicitor  and  client,  as  to,  \\-2,  474 

CAUSE, 

standing  over,  costs,  0<) 

struck  out  of  the  paper,  co.sts,  99 

CENTRAL  OFFICE,  attendance  of  taxing  masters  at,  4G7 

CERTIFICATE.— .?«  Ta\in(.  ^^\sTEu•s  CKUTiruATK. 

CESTUIS-QUE-TRUSTS,  entitled  U)  costs  of  in.piiry  i-c«pccting  a  breach 
of  trust,  thouL'h  boneticial,  "ill  . 

security  for  costs  re.,uired  fron,.  on  obtaining  leave  to  bnng  an  action 
at  law  in  name  of  their  trustee,  IS 

And  .sn-  Ti;rsTKK  am-  CKSTris-vrKTur.sT. 

CHAMUF.RS,  .        .    ,.  .      t   .>-! 

adiournment  from,  of  claim  in  winding  up  costs  of.  -.•» 
allidavits  filed  in,,  caunot  Ix:  used  ou  further  consideration  .•«  to  co«U, 

bills"  of  costs,  application  for  delivery  of  by  solicitor,  to  be  nia.lo  in,  431  ; 

or  special  applications  for  taxationof,  44,,  419 
cost.s  of  pi  ooee<lin-s  in,  generally.  I-^"  ,'••"„         ,    ,_^ 
counsel,  cost-s  of  employment  of.  in,  «hciea   owctl^.  13.S 
creditors,  costs  of  persons  tlaimmg  as.  m    I.»l,  \.K  _ 

parties  attending  in,  without  have,  not  allowed  cj>.t«.  1....  190 
paitKS  f..il.ng  to  attend  in,  .r  nttuid.ng  without  Uing  pnj^iwJ.  NO 


036  1N1)EX   OF   MATTEtl. 

CiLUlBERS—co>diniin/. 

parties  in  same  intei-est,  luiving  leave  to  atteud  procccdiugs  iu,  what 

costs  allowed  to,  120,  189 
review  of  taxation,  applications  for,  to  be  made  in,  479 
security  for  costs,  applications  for,  to  be  made  in,  2'2 
solicitor,  costs  occasioned  by  uou-atteudauce  of,  iu,  how  to  be  borne, 

140 
summons  iu,    abandoned,    costs   of,  140 ;  adjourned  from,    into  court, 

costs  of,  139  ;  refused,  costs  of,  139 
iiuneeessary  matter,  disallowance  of  costs  of,  iu  proceedings  in.  140 
And  see  Class,  Next  of  Kin. 

CHAMPERTY,  what  is,  39.-),  422 

CHANCERY,  COURT  OF,  practice  of  as  to  costs  still  iu  force,  except 
where  altered  by  new  rules,  467,  408 

CHANCERY    DIVISION,   costs  in,  are  in  the  discretion  of   the  Court, 
subject  to  provisions  of  Couuty  Courts  Act,  1807,  2,  3,  5 
judge  of,  cannot  try  a  case  with  a  jury,  3 

CHANGE  OF  SOLICITOR,  556,  557 

CHARGE  of  solicitor  for  costs  ou  property  recovered  iu  suit,  uuder  23  &  24 
Vict.  1 27,  567 — 573  ;  Act  to  be  construed  liberally,  567  ;  London 
agent  may  have  a  charge,  508  ;  costs  of  infant,  how  charged,  ib. ; 
married  women,  ib.  ;  prioi'ity  of  lien,  508,  509  ;  charge  extends  to  the 
whole  of  the  property,  recovered  or  preserved,  509 — 571  ;  what  is 
"recovery  or  preservation,"  571,  572  ;  order  for  charge,  how  made, 
572,  573  ;  how  intituled,  573 ;  form  of  order,  ib. 

CHARGING  ORDER  for  costs,  522,  523 ;  cannot  be  obtained  till  costs  are 
taxed,  523 

CHARITABLE  USES, 

Commissioners  of,  uuder  43  Eliz.  c.  4,  had  no  power  to  award  costs, 
213 

CHARITY, 

apportionment  of  costs  \\heu  gift  of  residue  to  a,  partially  fails,  1G6, 

167 
where  pure  personalty  is  bequeathed  to  a,  out  of  what  fund  costs  of 

suit  come,  107 

CHARITY  ACTIONS, 

Act  of  Parliament,  costs  of  application  for,  where  allowed  iu,  208 
Attorney-(;encral,  costs  of,  in,  srr' Attorn  ky-Genei;al. 
breach  of  trust  bcucHcial  to  charity,  costs  of  suit  iu  case  of,  211 
charity  estates,  costs  of,  may  be  raised  by  sale  or  mortgage  of,  but  Court 

unwilling  to  direct  a  sale  except  iu  special  cases,  212 
CO  (lefendants,   decree    made  for  payment    of    costs   between,    where 

Attorney-(;eneral  sued  without  a  relator,  123,  204 
Court,  costs  of  proceedings  taken  without  the  sanction  of  the,  205,  207 
estate,  Attoj  iicy-(;cueral  and  trustees  allowed  cists  out  of  the,  where 

defendant  ordered  to  pay  co.sts  i)roves  insolvent,  20() 
exceiitions,  trustees  not  allowed  costs  of,  in,  where  Attorney-General 

had  Hied  similar  ones,  21 1 
funds   recovered,  costs  of,   should    1)e   charged   ujjou   the,  in  the  first 

instance,  but  may  l)e  paid  out  of  the  charity  funds  generally,  212 
heir  at  law,  costs  of,  in,  350 
leases  of  charity  lands,  to  set  aside,  costs  of,  213 


INDEX   OF   MATTKlt.  937 

CHAIUTY  ACTIONS  -  cuiitbnifil. 
next  of  kill,  costs  of,  iu,  liitO 
public  auil  i-iiviito  charities,  no   distinction   now  made  bctwccu,  a«  to 

dismissal  uf  suit,  20.")  i-     .•       r 

public  notice,  persons  appeariuy  in  pursuance  of  a,  on  an  ai.pluatiou  lor 

appointment  of  new  trustees  not  allowed  costs,  -I'M 
relator,  costs  of,  iu,  '200,  207  ;  and  m  Rki.atok. 
Tvomilly's  ^Sir  S.)  Act,  where  relief  might  have  been  had  under,  no  costa 

allowed,  20.") 
several  charities,  relating  to,  costs  of,  how  to  be  bonic,  212 
solicitor  and  clieut,  costs  as  between,  fretiueutly  allowcl  in,  but  no  rule 

to  thatetl'ect,  200 
trustees,  costs  of,  iu,  20!)  ;  and  sec  Coki'OKAtion,  TursTKKs. 
trustees  ordered  to  pay  costs  of,  ])crsoually,  paying  them  out  of  chanty 

funds,  ordered  to  refund  with  interest,  20!) 

CLASS,  ,     ,  .  •   ■       ., 

legacy  given  to  a,   costs  of  raising,   aud  of  ascertaining  the  persons 

entitled,  how  to  be  borne,  18G  ,  r        i        x     i 

residuary  legatees,  of,  costs  of  ascertaining  members  of  a,  how  to  be 
borne,  18(5 
Aud  src  Nkxt  of  Kin. 

CLERGYMAN,  payment  of  costs  by  a,  how  enforced,  508,  518,  519 
CLERK,  counsel's,  fees  payable  to,  497 

"  CLIENT,"  meaning  of  under  Attorneys  aud  Solicitore  Act,  1870,  418 
COLONY,  costs  incurred  iu,  under  commissiou,  how  taxed,  488 

CO-DEFENDANTS, 

costs,  liability  of,  for,  121,  476 

contribution  amongst,  for  payment  of  costs,  121  — li.> 

motion  for  injunction  against,  before  decree,  irregular,  00 

payment  of  costs  betweeu,  123 

retaining  same  solicitor,  costs  of,  470 

COMMISSION  ABROAD,  costs  of,  488 

COMMISSIONERS    for   pai-titiou    have  no   lieu  on  couuiiiss":ou  for  their 
expenses,  244 

COMMISSIONERS, 

charitable  uses,  of,  under  43  Eliz.  c.  4,  213 

church  estates,  costs  of,  300 

copyhold,  costs  of,  00  ,    r   ,    ■  .i.... 

ecclesiastical,  costs  of  service  on,  and  of  then  apiiearance,  -.M 

national  debt,  costs  of,  320  ;  suitors  fund  transferred  to,  3/  ^ 

public  works,  of,  costs  payable  by,  302 

COMMITTAL  UNDER  DEBTORS'  ACT,  1800, 
appiicatiou  for,  how  made.  pH 
costs,  for  noupaymentof,  'f2') 
discharge,  .")25 
execution  of  order  for,  520 
non-payment  of  instalments,  .")2.") 
order,  524  ;  should  be  for  immediate  committal,  o20 
proof  of  inc:r.is,  524 


938  INDEX    OF    MATTER. 

COMMON  LAW  TAXING  OFFlCErv, 

refereuce  may  be  made  to  a,  469  ;  from  a,  4S1 

COMPANIES  ACTS,  costs  uuder,  ioo-^Sl 

COMPANIES  ARRANGEMENT  ACT,  1870,  costs  of  applicat  on  imder, 
281 

COMPANIES,  SEVP]RAL,  purcliasc  mouey  of  lands  taken  by,  costs  of 
payment  out,  how  to  be  borne,  oOO  ;  costs  of  investment  of,  how  to  be 
borne,  300,  301  ;  one  petition  only  allowed  for  payment  of  dividends 
to  person  becoming  entitled,  30  i 

COMPANY,  LIMITED, 

security  for  costs,  \\here  liable  to  give,  15 — 17 
"  sufficient  security,"  what  is,  to  be  given  by,  21 

undertaking  as  to  damages  by,    not  sufficient  on  obtaining  ex  parte 
injunction,  17 

COMPANY,  PUBLIC, 

filing  bill,  where  they  might  have  proceeded  under  their  Act,  disallowed 

costs,  263 
where  suit  is  instituted  in  name  of  a,  without  proper  authority,  88 

COMPANY,  RAILWAY,  &c., 

conveyance  and  making  out  title,  costs  of,  payable  by,  308 

doubt,  in  case  of,  the  Court  inclines  to  give  costs  against,  285,  286 

form  of  order  for  payment  of  costs  by,  284 

ground  rents,  costs  of  apportionment  of,  288,  300 

heir-at-law  becoming  entitled  under  ultimate  limitation,  whether  entitled 

to  investment  in  lands  at  the  expense  of  the,  286, ». 
insolvent,  costs  where,  288 
investment,  abortive  attempts  at,  costs  of,  308 
investments,  interim,  costs  of,  305  ;  several,  where,  306,  307 
Lands  Clauses  Consolidation  Act,  costs  payable  by,  uuder,  286,  s^q. 
parties,  service  on,  and  appearance  of  what,  allowed  against,  293 — 300 
private  act,  costs  of  taking  lauds  settled  by  a,  302 
re-investment  in  laud,  costs  of,  288 
several  petitions,  costs  of,  305,  300 
special  act,  costs  where  there  is  a,  301,  scq.  ;  all  costs  now  in  discretion 

of  the  Court,  265,  303,  304 
suit,  where  lands  taken  are  the  subject  of  a,  what  costs  payable  by, 

290,  ^<q. 
transmission  of  interest,  costs  where,  299 
Trustee  Act,  costs  of  proceedings  under  the,  285,  n. 
two  acts,  taking  lands  under,  payment  of  costs,  how  regulated,  302 
unnecessarily  served  -with  petition,  entitled  to  costs,  298 
unnecessaiy  expenses,  not  to  be  charged  with,  304,  ;>06 
vendors  devising  in  strict  settlement,  costs  occasioned  by,  286,  n. 
wlicn  purchase-money  exceeds  sum  paid  into  Court,  304,  305 

COMPROMISE, 

solicitor's  lien  docs  not  interfere  with  a,  562 
suit,  of  a,  where  costs  of  preparing  l)riefs  allowed  on,  496 
taxing-master  cannot  enter  into  propriety  of  a,  as  between  solicitor  and 
client,  481 

CONFERENCE.— /^ee  Counsel. 

CON.SIGNEE.— ,S'rf  R  eciuvei:. 


INDKX    OF    MATTKH.  UIJIJ 

CONSTltrCTIOX, 

contract,  of  tlic,  costs  of  suit  lor  spccilic  performance,  wlieic  iiuestiuu 

is  one  of,  "J.")!) 
lieir  ami  devisee,  costs  as  l)et\vceii,  w  lien  4iicslioii  is  one  of,  34'.) 
will,  of,  costs  of  special  case  on,  !)2,  1G."> 
will,  of,  diliicult,  estate  l)ears  tlic  costs  in  case  of,  IG.j 

CONSULTATIOX.-,?cc' CoUNSKL. 

CONTEMPT, 

costs  of,  when  to  be   recovered,  .IS;  pri.soner  cannot  lie    detained  for 

non-payment  of,  ^^Xi 
pau])er'8,  may  be  paid  out  of  tlie  Suitor's  Ter  Fund,  wlicrc,  :i~C,,  ;;77 
discliar^'c  of  pcison  in,  'y.y.i 
motion  to  commit  for,  co.sts  of,  T)?,  .18,  l.'iS 
prisoner  in  custody  for,  entitled  to  be  discliari'ed,  cannot  waive  the 

ri^'lit,  r>:u 

proceedings,  what  may  be  taken  by  a  party  in.  (»7,  .")."?•_' 

proceedings  may  be  stayed  till  party  in,  clear  his,  .").'{•_'  ;  Imt  s<iit  cannot 

be  dismissed  in  default,  8"i,  r).S2 
process  of,  costs  of  issuing,  48.3 

sherifr  letting  prisoners  in,  go,  liability  of  the,  so:  .Sukrifk. 
waiver  of,  534 
And  sec  ATTAfUMKNT,  l'\i  tkh. 

CONTRIBUTION.— ,^f--    Co-defkni>an-ts,    CiiEDiToii.s'    Action,    Tithf:.s 
Suit. 

CONTRIBUTORY  disputing  hia  liability,  costs  of,  277  scj. 

CONVEYANCE, 

costs  of,  under  Lauds  Clauses  Consolidation  Act,  310 
e(juitable  mortg.agcc,  to,  of  leg.al  estate,  costs  of,  how  to  1)e  borne,  'yi'.l 
heir  of  purchaser,  not  entitled  to  costs  of,  out  of  pei-soual  estate.  3.">l 
settling  in  chambers,   where    purchaser's    costs   of,  allowed,  37!*  ;    on 

belialf  of  infants,  costs  of,  come  out  of  estate,  3(!(),  379 
unexecuted,  costs  oi,  payable  \)y  the  company,  .")()!) 

CONVEYANCING  ACT,  1881, 
costs  under,  332 

CONVEYANCING  COUNSEL.— <S'c<?  Cgun.sel. 

COPIES, 

costs  of,  500 

CO-PLAINTIFF, 

amend  bj"^  leaving  out  a,  leave  given   to,  on  security  for  costs  Wing 

given,  17 
costs,  liability  of,  for,  121 

deceased,  defendant  entitled  in  representation  of  a.  121 
name  of,  inserted  without  autliority,  struck  out  witli  costfr  against  soli- 
citor, 87 
unnecessarily  made  so,  plaintills  to  pay  costs  thereby  occaisioned,  IIS 
witlidraw  from  suit,  not  permitted  to,  witiiout  consent  of  other  plain- 
titrs,  75,  87 

COPY, 

bill  of  costs,  of,  471,  472 

pleadings,  of,  costs,  wlien  allowed,  4!><j 


940  INDEX    OF   MATTER. 

COPYHOLDS, 

fines  payable  on  investment  of  purchase  monies  in,  not  to  be  borne  by 
the  company,  289^ 

COPYHOLD  COMMISSIONEPvS.— ^S-fc  Commissioneks. 

CORPOPvATION, 

charity  suits,  may  be  charged  with  costs  of,  out  of  corporate  funds,  210, 
211 

charging  order  ou  stock  of,  523 

ignorance,  alleging,  of  facts  appearing  from  scheduled  documents,  to 
pay  costs  of  suit,  210 

new,  under  Muuici})al  Corporations  Act,  succeeds  to  rights  and  liabili- 
ties of  old,  210 

payment  of  costs  by,  how  enforced,  514 

predecessors,  where  liable  in  costs  for  breach  of  trust  of  their,  210, 
407 

property  of,  a  charging  order  for  costs  may  be  obtained  upon,  523 

where  persons  sue  as  a,  without  title,  agent  respousible  for  costs,  391 

CORRESPONDENCE, 

agencj',  allowance  in  respect  of,  503 
costs  of  copy,  500 

COSTS,  CHARGES,  AND  EXPENS]<:S, 

may  be  comprised  under  just  allowances,  5 

order  as  to  may  be  appealed  from,  158 

And  see  Executors,  Official  Liquidators,  Pukchasee,  Receiyee, 

ReLATOE,    TEUSTEf:S. 

COSTS 

generally,  1—3,  94,  95,  101 

COUNSEL, 

affidavits  settled  l)y,  where  costs  of,  allowed,  489 

a])pcal,  on,  fees  to,  493 

chambers,  employment  of,  in,  where  allo\\ed,  138,  139,  490 

clerk  of,  fees  payable  to,  497 

conference  with,  wliere  costs  of,  allowed,  495 

consultation  witli,  fees  on,  what  allowed  in  taxation,  495 

conveyancing,  costs  of  investigation  of  title  by,  subject  to  taxation,  309 
fees  to,  489 

cross-examination,  on,  fees  to,  494 

fees  to,  items  in  respect  of,  should  specify  the  particular  fee  paid,  434  ; 
amount  of,  in  the  discretion  of  the  taxing-master,  489 

foreign  connnissiou,  employment  of,  on,  4'.)5 

further  Ijrief,  fee  to,  493 

number  of,  what  allowed  on  taxation,  489,  ncr/. 

observations  for,  costs  of  prepaiiug  wlieie,  and  what,  allowed,  495 

opinion  of,  no  protection  to  defendant  against  costs  in  suits  for  specific 
performance,  114,  251  ;  trustees,  to  wliat  extent  protected  by,  183, 
414 

pauper,  of,  to  take  no  remiuieration,  374 

private,  costs  of  investigation  of  title  by,  allowed  to  a  puicliascr  dis- 
charged, 380 ;  wliere  allowed  against  a  com2)any,  309  ;  costs  of 
having  drafts  settled  liy,  not  allowed  on  taxatiori,  497 

refrcHhcrs,  493,  494 

retaining  fees  to,  where  allowed  on  taxation  Ijctwcen  party  and  luirty, 
494 

Bcandal,  may  be  mu<le  lo  pay  costs  in  case  of,  38 

three,  where  allowed  or  disallowed  on  taxation,  491,  492,  493 

two,  where  allowed  (Ui  taxation,  489,  490 


IN  I  MIX    "K    MATTF.R.  041 

COUNTKial-AlM. 

costs  ill  casus  of,  \'M,  l-*"- 

Bocurity  for  costs  where  there  is  a,  1!),  '-''» 

COUNTY  cor IIT,  .  .._    ^_ . 

costs  where  actiou  shoiiU  have  beoujironglit  m,  -',  :i,  •»<  -,  .>-^ 
scale,  where  costs  on,  allowed,  ")77,  "uS 
security  for  costs  ou  transfer  from,  -'."> 

payment  into,  umlcr  'Prustee  Aet,  trustee  cannot  he  or.ler.-.l  to  nfmi.l 

costs  of,  3i:{  ;  out  of  what  fund  payaMe    :V2j),  :V2l 
auggestiou  of  the,  plaintitV  misled  l.y,  might  dismiss  hill  without  cost^. 

^f  ;  costs  of  suit  instituted  on,   1  I  I 

^  ^'action  instituted  by,  after  notice  of    administration  decree,  dismissed 

with  costs,  19t  ....  .     r  ii  It 

:idministratrix,  succeeding  against  henelicial  interest  of  the,  cosU  of, 

1V( ' 
e.unim'  in,  after  an  insullieient  estate  apportioned,  costs  of,  lilj 
failing"  ill  claim,  pays  costs,  l!t2;  and  onler  for  payment  of  costs  by. 

may  be  made  on  separate  summons,  <■/<.     ^  .     o--, 

joint  stock  company,  of  a.  may  sue  iu  J<;;u>i  ,><ti(/>rri.i   -h- 
prosecuting  action  after  notice  of  au  administration  decree  allowed  no 

costs     1 M'^ 

nrovin.'  his  debt  in  chambers,  what  sums  allowed  for  costs,  101 
restrained  from  prosecuting  action  or  suit  after  an  administration  .lecrec, 

upon  what  terms,  102,  xi']. 
secured,  costs  of,  'Hu 
winding-up,  umler,  costs  of,  200-209 

CREDITORS'   ACTION,  r    ,  •   *•«••      oni 

contribution  by  other  creditors  to  costs  of  plaintiff  in,  -0.5 
costs  of   out  of  what  fund  payable,  l~-2.  fc/.  ,  ■   ^-tr-       ,  ., 

costs  as  between  solicitor  and  client,  where  allowed  to  plamtilT  m.  '2,r2  ; 

to  heir-atdaw,  where  real  estate  exhausted,  '-00 
mortgagee  who  is  also  simple  contract  creditor,  instituted  by.  costs  of, 

prosecuted  after  notice  that  there  are  no  .assets   costs   2i>:{ 

resi.luary  legatee  not  a  necessary  party  to.  «here  there  is  a  trust  for 

payment  of  debts,  IIS,  18.') 
winding-up,  after,  272 

CREDITOU.S"  REPRESENTATl V  K. 

costs  of,  2.SU 

CROSS- APPEALS, 
costs  of,  14."),  l.")0 

CROSS-EXAMINATION. 

■ibmdoned.  cross  examining  party,  must  pay  cximmi.cs  ot.   U 

ixpens^  of.  not  paid  in  the  lirst  instanee  by  the  p.arty  roqumug  the 

.roduction  of  the  witness  to  the  party  producing,  lo 
interpreter,  expenses  of,  on,  how  to  be  Iwrne,  44 

CROSS-EXAMINE. 

heir  may,  without  losing  costs.  .>u 


942  INDEX    OF   MATTER. 

CROWN, 

officer  of  the.  uot  required  to  enter  iuto  recognisauce  on  appeal  to  the 
House  of  Lords,  150  ;  appeal  for  costs  where  costs  awarded  against 
an,  KJO 

And  sec  Attorney-General,  Solicitor  to  the  Treasury. 

DAMAGES, 
cotts  as,  o 

DAY,  COSTS  OF  THE, 

actual,  party  in  default  must  pay  the,  89 

defendants,  one  sum  to  be  divided  amongst,  for  the,  91 

fixed  at  10/.,  were  formerly,  90 

House  of  Lords,  iu,  I'm 

plaintiff,  where  payable  by,  90 

solicitor,  where  jiayable  bj',  90 

where  defect  occurred  after  cause  at  issue,  91 

DEATH  of  plaintifi"  or  defendant,  consequences  of,  see  Dismissal  before 
THE  Trial. 

DEBT, 

specifically  bequeathed,  costs  of  getting  iu,  allowed  out  of  general  estate, 
179,  n. 

DEBTS, 

costs  of  administration  suit  payable  in  priority  to,  200 
executors  entitled  to  retain  their  own,  iu  priority  to  costs,  178 

DEBTORS  ACTS,  1869  &  1878, 
generally,  523,  527,  528 
policy  of,  526 
solicitor's  charges  under,  52G,  527 

DECLARATION  OF  TITLES  ACT,  1862, 
costs  under,  829 

DEEDS, 

charges  for.  in  bills  of  costs,  to  specify  number  of  folios,  43-i 
discovery  of,  costs  of  suit  by  heir  for,  349 
mortgage,  costs  incurred  respecting  the,  234 

DEFAULT  AT  TRIAL, 

appeal,  of,  where  appellant  or  respondent  makes,  155 
defendant,  by,  practice  in  case  of,  1 36 
plaintiff,  by,  practice  in  case  of,  in  a  cause,  1 30 

defp:nce, 

ground  of,  arisen  after  action  brought,  104 

DEFENDANT, 

action  dismissed,  cannot  be  ordered  to  pay  the  costs  of,  98 

authority  of,  where  action  is  instituted  by,  88 

deceased,  representative  of,  may  dismiss  the  action  in  default  of  plaintiff 
continuing,  84  ;  proceedings  iu  a  fresh  suit  by  original  plaintiff  against 
the  representatives  of  a,  may  be  stayed  till  costs  of  the  first  suit  are 
paid,  537 

default  at  trial,  making,  136 

demur,  omitting  to.  111,  112 

discovery,  made  a  party  for,  only,  costs  of,  119 


IMPEX    OF   MATTKIl.  0413 

DEFENDANT— (•o«/;/iHr./.  ,     .  ,      ^ 

iliHiiiissal  of  action  on  apiilication  of,  wliero  action  cnMunenccd  without 

jiioiier  autliority,  .S8 
dismissed  with  costs  lias  no  lien  on  funds  in  suit,  or  on  real  eatato,  .>23 
notice  of  motion   for  dismissal,    &c.,    of   action    commenced    without 

authority,  sliouKl  lie  served  on,  Sti 
iilaintiir,  refusing  to  join  the,  as  co-plaintiH",  when  in  the  same  lutertst. 

120  ;  infant,  not  made  a  co-plaiutitl",  how  costs  occaaioucd  therehy  to 

1)0  hornc,  1  l"i  . 

prisoner,  Lord  (  liaMcellor  may  assign  solicitor  to,  on  report  of  solicitor 

to  Suitors'  Fee  Fund,  'Mi> 
security  for  costs,  where  liable  to  give,  IS 
tiiird  party,  may  ljex)rdered  to  pay  costs  of,  whether,  119,  120 
unnecessary  party,  who  is  an,  entitled  to  costs  from  jilaintitr,  IIS;  hut 

should  object  at  once,  ll'J  ;  claiming  an  interest,  may  yet  ha%-e  puit 

dismissed  against  him,    but   without  costs,    1 1<.»  ;    remaining   before 

court,  and  attending  proceedings  under  decree,  119 
And  so:  Co-1)Efen'J>a.nts,  Disolaimim!  Defknua.nt. 

DELIVERY.— -S'ce  Bills  of  Costs. 

DEMUR,  .      ,  ,     ,., 

defendant  may,  without  prejudice  to  right  to  security  for  cokts,  '-J 
defeudaut  omitting  to,  costs,  111,  11- 

DEMURRER,  c  c     -l 

allegations  preventing  cause  being  heard  on,  cfrect  of,  on  costs  of  suit, 
111,  ll'i  ,    ,  . 

allowed,  costs  of,  27,  '29  ;  partially,  30  ;  to  whole  statement  of  claim, 
27,  2!) ;  with  leave  to  amend.  28  ;  costs  of  pending  motion  included 
iu  costs  of,  29  ;  what  costs  allowed  on  taxation,  49.3 

amendment,  pending,  27 

frivolous,  may  be  set  aside  with  costs,  2o 

not  entered,  costs  where,  27 

ore  iontii,  costs  of,  2(5,  27 

overruled,  costs  of,  .SO,  .SI  ;  partially,  3(»;  on  appeal,  .SI 

witness,  by,  costs  of,  31 

DEPONENTS, 

several,  costs,  487 

DF  POSIT 

"  auctioneer  entitled  to  retain  costs,  &c.,  out  of,  221,  2()3 
petition  for  payment  out  of,  costs,  31 1 
railway  company,  by,  on  entering  on  lauils,  vendor  has  no  hen  on  the 

for  costs,  31 1  .       ,       •  ,  .  i.    a-    » 

specific  performance,  on  suit  for,  dismissed  with  costa,  no  set-ot!  of 
costs  against  the,  263 ;  but  refusal  by  vendor  to  return  it  may  influence 
costs,  iOiil. 

DEVISEE, 

disclaimer  of,  to  what  period  it  relates,  Ho 

DIRECTORS, 

prosecution  of,  270.  277 

DISBURSEMENTS,  ^_ 

what  may  be  entered  in  solicitor's  bill  of  eo-ts.  i:..  1,1 


944  INDEX    OF    MATTER. 

DISCLAIMING  DEFENDANT, 

costs  of,  rules  as  to,  114 — IIS  ^ 

dismissal  before  the  hearing  of  a,  by  plaiutiff,  70  ;  on  defeudaut  s  own 

applicatiou,  Sti 
evidence,  where  entitled  to  go  into,  117 
foreclosure  decree  may  be  made  against  a,  115  /(. 
should  otler  to  have  the  suit  dismissed  without  costs,  117 

DISCLAIMING  HEIll  AT  LAW,  costs  of,  115 

DISCLAIMING  TRUSTEE, 
what  costs  allowed  to,  -1()"J 

DISCONTINUANCE, 

costs  payable  on  a,  73,  74  ;  how  taxed,  48o 

notice  of,  effect  of,  75 

plaintiir,  by,  before  defence  by  notice  on  payment  of  costs,  (3 

plaintiff!  by,  by  leave  of  the  Court,  73 

signing  judgment  for  costs  on  a,  73 

subsecpient  action,  no  bar  to,  73 

terms  on  which  allowed,  74 

DISC0VE1{Y, 

action  for,  costs  of,  214,  2  h)  . 

action  for,  defendant  entitled  to  costs  of  an,  on  putting  m  a  full  answer, 

214  ;  though  plaintiff  bankrupt,  iV;. 
Bank  of  England  made  defendant  for  purpose  of,  only,  demurrer  will  he 

commission  to  examine  witnesses,  where  bill  for,  also  prayed  a,  costs,  215 

deeds,  of,  costs  of  suit  by  heir  for,  349 

hearing,  suits  for,  not  Ijrought  to  a,  or  dismissed  for  want  of  prosecution, 
7')   "14 

injunction,  where  bill  for,  also  prayed,  defendant  unsuccessfully  resist- 
ing paid  costs  of  motion,  215 

perpetuation  of  testimony,  where  suit  for,  also  seeks,  210 

DISENTAILINC!  DEED, 

of  purchase  monies  paid  into  Court,  whether  company  must  pay  costs 
of  a,  290 

DISCHETION, 

costs  are  in  the,  of  the  Court,  3,  9.) 

Taxing  Master,  of  the,  as  to  allowances,  482,  4cS3 

DISMISSAL  BEFORE  THE  TRIAL,  ,,,,,,,. 

bankruptcy,  on,  of  .sole  plaiutifl,  83,  84  ;  of  defendant,  84 
co-])laintill,  by,  75 
death,  on,  of  plaiutili',  83 
deceased  defendant,  by  re])rescntatives  of,  81 
default,  where  plaintill'  makes,  in  obeying  an  order  of  tlie  (  ourt,  81,  82  ; 

luit  not  where  phiititill'  is  in  ((.ntcmpt  and  proceedings  have  been 

stayed,  82 
diHclaiming  defendant,  of,  7<i,  SO 

infant,  by,  70  .       .  ,  ,   c      ■,     ^-  i-     l-        or- 

infant's  suit,  in,  if  iniproperlv  instituted,  on  defenilant  s  application,  SO, 
354  ;  or  by  infant  himself  by  a  next  friend  for  the  purpose  of  the 
ai>pl'ication,  80  ;  but  infant  coming  of  age  cannot  dismiss  with  costs 
against  the  next  friend,  80 

pauper,  by,  70  _^    _      

plaintiff,  by,  practice  in  Chancery  as  to,  /.>,  ,(.,  ,  , 


INI'KX    «>F    MAlTKIt.  1H5 

DISMISSAL  llKFOin;  TIIK  T\i\\\. -ro„t;,nif.r. 

prDseciitiiiU,  for  w.iiit  of,  witli  cohIh,  H<)  ;  jiraotjce  in  ( 'l»anc<?ry,  80,  81 

l>ro«icntioii,  for  w.int  <<f,  ait|i!icatioii  how  iii;i<lf,  .V»,  /Wl 

Batiflfactiou  of  iil.iintiirH  <ltiii.uitl  .iml  |i.iyiiient  of  all  tlio  vtmU  of  tlio 

action  l>y  tlio  defiiiilaiit,  on,  Nl  ;  Imt  not  if  any  (juc-xtion  in  k-ft,  H,'i 
Bolicitor.  witli  coHtit  against  tlie,  of  action  cuninieii<-v<l  m  itiiont  antliority 

on  plaintill's  amplication,  t>(j— Si> ;  ou  ilcfcuJaut's  apiilicatiou,  SS 
And  see  Disconti.m'a.mk. 

DISTRICT  RKOISTIIY, 
costs  of  actions  in,  470 

ixecution  for  cuforcin),'  judgiueut  or  order  in,  jI4 
taxation  of  costs  in,  4<39 

DIVISIONAL  COURT, 

apiilications  to,  as  to  costs,  101 

DOCr.MKNTS, 

copies  of,  costs  of,  ">0l).  .")(ll 

inspection  and  transmission  of,  for  tlic  purpose  of  taxation,  474.  47'> 

insiHiction  of,  costs  of,  ."HH 

production  of,  wliere  enforced,  not\vith8tan<ling  solicitor's  lien,  4.'>,  5j3, 

'I'u,  ."»r»s 

order  for,  inatle  on  solicitor  dischargiuR  himself,  .158 
production  of,  at  solicitor's  office,  costs,  501 
refusal  to  admit,  costs,  ll'J 

DONATIO  MORTIS  CAUSA, 
costs  of  suit  to  establish  a,  IG8 

DOWER,  ,   .     ,         ,       , 

uo  costs  of  suit  for  ;ussienmeut  of,   •_M7  ;  unless  dcicndant  has  kept 
dowress  out,  or  dcnicillicr  title,  ///. 

ECCLESIASTICAL  COMMISSIONERS.— 5t'f  Commissioners. 

ELErriON  I'ETITloN^ 
costs  of,  how  taxed,  ."»0.'? 

ELEGIT, 

execution  hy,  .">17  i        »      n- 

payment  of  costs  enforced  by  writ  of,  between  jarty  ami  party,  ol,  : 
between  solicitor  ami  client.  CAS 

ENGINEER.S, 

employed  to  assLst  the  court,  fees  to,  4 88 

ENGRO.S.SMENT,  .   ,    r-. 

solicitor's  lieu  ou  an,  not  lost  by  its  being  executed,  ^2 

"  EQUITABLE  EXECUTION,"  518 

ESTATE, 

appeal  ;is  to  costs  given  out  of  an,  100  

where  costs  are  ciiarged  uiwn  an,  Court  will  direct  a  sale  for  purpose* 

of  raising  them,  177,  ■''►4'J 
And  ye  Rem,  Estatk. 

EVIDENCE, 

costs,  on  question  of,  wh.at  iu.iy  be  used,  TJt),  111 
disclaiming  defendant,  where  entitknl  to  go  mto,  117,  119 
printing,  for  purfx^c  of  an  apjieal,  costs  of,  140 


9-iG  INDEX   OF   MATTER. 

BY  iDE^sCK— c  nit  iuHfd. 

procuring,  coats  of,  48G,  seq. 

review  of  taxation,  what,  receivable  ou,  481,  482 

shorthand  writer's  note  of  the,  costs,  147 

unnecessary,  costs  of,  how  and  when  disposed  of,  71,  112,  iK 

EXAMINERS, 

fees  payable  to,  588 

EXECUTION, 

district  registry,  in,  514 

generally,  511 — 514 

leave  to  issue,  when  uecessary,  513,  514 

lien,  or  right  of  set-off  for  costs  not  discharged  by  taking  the  debtor's 

body  in,  509 
partners,  against,  513 
persons  not  parties,  against,  513 
privileged  persons,  against,  514 
stay  of,  for  costs,  pending  appeal,  500,  510 
writs  of,  511 — 513 

EXECUTORS  AND  ADMINISTRATORS, 

accounts,  not  justified  in  refusing,  to  solicitors  of  parties,  164  ;  refusing 
where  charged  with,  and  with  what,  costs,  1G3,  104,  182  ;  neglect  by, 
to  render,  uot  equivalent  to  refusal,  104,  183 
administration  suit,  entitled  to  costs  of,  in  ])riority  to  all  other  parties 
and  debts,  though  estate  insolvent,  200  ;  unless  tliey  improperly  deny 
assets,  398,  407 
admission  of  assets  by,  198 

assignees  of  bankrupt,  costs  of,  in  an  administration  suit,  188 
bankrupt,  set-olF  of  costs  awarded  to,  against  balance  due  from,   189, 

J  00,  342.  343 
breach  of  trust,  where  disallowed,  or  charged  with  costs  occasioned  by, 

181,  182,  408 
claiming  beneficially,  costs  of,  185 
client,  of,  solicitor's  lien  valid  against,  550,  505 

co-executor,  refusing  to  join  their,  as  co-plaintids,  not  allowed  costs,  179 
continuing  procc;edings  become  personally  liable  for  costs,  390 
"costs,  charges,  and  expenses,"  what,   and  where  allowed  to,  5,  179, 

404,  ■':cq.  ;  order  depriving  them  of,  may  be  ajipealed  from,  158 
counsel,  how  far  protected  by  o])iniou  of,  against  costs,  183,  414 
debts,  entitled  to  retain  their  own,  in  priority  to  the  costs  of  the  suit, 

178 
defaulting,  suit  against  personal  representative  of,  costs  of,  how  to  be 

Ijorne,  174,  182 
defending  testator's  estate  against  claims,  where  allowed  costs  incurred 

in,  182,  402 
in  formd  pau/ierin,  where  allowed  to  sue,  372 
interest  on  balances,  tliough  charged  with,  uot  refused  costs,  181 
interest  on  costs,  not  allowed  to,  405 
jointly  charged  with  costs,  wlierc,  182,  400 
legacy,  refusing  to  pay  a,  183  ;  or  secure  it  in  Court,  lb. 
legal  doubts,  having,  in  a  clear  case,  183,  412 
misconduct,  what,  will  deprive,  of  costs,  178,  .w/. ;  409,  ■ii'(/. 
negligence  will  not  deprive,  of  costs  of  suit,  179,  180,  409  ;  unless  gross 

and  wilful,  179,  ISO 
"parties  chargeable,"  may  be,  under  Attornies  and  Solicitors  Act,  437 
perversely,  acting,  or  with  iinreasonablc  caution,  182 
professional,  what  costs  allowed  to,  405 


IXr>KX    CtF   MATTER.  017 

EXFX'UTORS  AND  ADMINISTRATORS— coHriHue//. 
retainer  of  debts,  l>y,  178 

security  for  costs,  liaMc  to  t,'ive,  where  rcaident  abroad,  9 
solicitor,  of  a,  entitled  to  insist  on  lien,  oST 
solicitor  anil  client,  entitled  to  costs  as  between,  r>,  179,  39S 
stock,  disallowe<l  the  costs  of  transferrin^',  into  tlu  ir  own  uamcJi,  -105 
taxation  of  bills  of  costs  of  solicitor  of,  by  legatee,  4()"J 
And  *(<' AuMiNisTKATioN  or  Assets,  Ckeditous'  Action,  LeuatktV 
Action,  Tkustkes. 

"EXECUTORSHIP  EXPENSES," 

costs  of  admiuistration  action  included  in,  17- 

extua  costs, 

entry  of  items  for,  only,  without  mentioning  taxed  costs  received  from 
the  other  side,  uot  a  sullicient  bill  of  costa,  4:{4 


FEES— 5fe  Counsel,  Somcitoh. 

I'lERI  FACIAS, 

consolidated  orders  relating  to  writs  of,  olo,  r>lG 
execution  of,  510 
generally,  514 — 517 

payment  of  costs  enforced  by,  between  p^rty  and  party,  514-I»17  ,  be- 
tween solicitor  and  client,  54S 
two  writs  of,  may  be  issued  in  difVerent  counties,  513 

FIERI  FACIAS  DE  BONIS  ECCLESIASTICIS, 
coDSolidated  orders  relating  to  writs  of,  518 

"FOLLOW  THE  EVENT," 

meaning  of  rule  that  costs  arc  to,  101 

FORECLOSUltE  DECREE, 

where  time  for  i)aymeiit  in  a,  is  enlarged,  interest  jviyable  on  amount 
of  the  costs,  o'.VJ 

FORECLOSURE,  ACTION   FOR, 

costs  of  cross  suit  to  redeem,  not  allowed  in,  237 

defendant  docs  uot  pay  costs  of,  personally,  -'2*J  :  unless  he  disputes  the 
validity  of  the  mortgage,  ib.  •.  i-      •       i 

defendants  in,  assigning //t^c/fH^f  lit',  should  offer  to  have  suit  dismissed 
without  costs,  117  , 

disclaiming  defendants,  costs  of,  in,  114-117  ;  a  decree  may  be  made 
in,  against,  115,  n.  i  •     ■«- 

extraneous  matter,  or  unnecessary  parties",  plaintiff  pays  costs  occa- 
sioiicil  l)V   *21V2  — i>Ii 

married  woman  entitled  for  her  separate  use,  by,  costs  of  liu»l«uid  in. 
:iliS 

notice  of  intention  to  re<leem  will  not  save  costs  of,  '_U 

puisne  incumbrancers,  by,  costs  of,  224 

sale,  where  plaintiff  asks  in  the  alternative,  costs.  225 

sub-mortgagees,  plaintill'  entitled  to  costs  of.  against  mortgagor.  234 

tender,  effect  of.  on  costs  of.  2.S(»,  2:U  •     »        ^ 

trustee  for  i>laintiff.  made  defendant,  costs  .>f.  allowc«l  ngaiDst  mort- 
gagor, 233 

trustee  to  bar  dower  of  mortgagor,  a  pro^Kr  party  to,  ..33 

And  i*tv  InCIMBKANCEKS,    MOKTIJAC.EE.  ^ 


948  INDEX   OF   MATTER. 

FOREIGN  COURT,  .        . 

trustees  maj^  be  ordered  to  pay  costs  of  proceedings  lu,  410 

FOREIGNER,  .     ^  .  .^     , 

temporarily  residing  in  this  country,  not  required  to  give  security  lor 
costs,  9 

FRAUD,  ,  „        1    .. 

allegations  of,  effect  of,  ou  costs  of  demurrer  allowed,  '2S 

charges  of,  unproven,  effect  of,  ou  costs  of  the  suit,  100,  107 

solicttor  may  be  made  a  party  to  a  suit  for  mere  purpose  of  praying 

costs  against  him,  in  case  of,  385 
solicitor's  biU  of  costs  may  always  be  re-opened  in  case  of,  45G 

FUNDS, 

recovered  in  the  suit,  solicitor's  lieu  on,  561,  scq.  ;  charge  on,  obi 

FUND,  COSTS  OUT  OF  A, 
appeal  for  costs  as  to,  100 
payment  of,  how  obtained,  541,  542 
solicitor,  ordered  to  be  paid  to  the,  directly,  5,  127 
taxation  of,  distinction  made  in,    according  to  party's  interest  in  the 
fund,  5 

FUNERAL  EXPENSES, 

not  comprised  in  executor's  "costs,  charges,  and  expenses,'  404 

FURTHER  CONSIDERATION, 

adjournment  of,  reserves  costs  of  the  suit,   witliout  express  mention, 

where,  U'A 
costs  of,  not  reserved,  where  the  "  costs  of  tlie  action  "  arc  disposed  of 

at  the  first  hearing,  94 

GARNISHEE  ORDER, 

solicitor's  lien  on  funds  recovered  has  priority  over  a,  502 

GENERAL  CHARGES, 

apportioiiable,  where,  129 

GROSS  SUM,  ,      .,  ^ 

bill  of  costs,  in,  where  solicitor  has  cliarged  a,  he  may  supply  a  detailed 

(•xijhinatiou  of  it,  on  taxation,  473 
interlocutory  applications,  may  be  allowed  in  lieu  of  taxed  costs  of,   70 
payment  of,  by  client,  without  delivery  of  bill  of  costs,    effect  of,  on 

right  to  taxation,  448 

GROUND  RENTS, 

costs  of  apportioning,  l)etween  houses  taken  and  not  taken,  where  pay- 
a])le  V)y  the  company,  288,  309 

GUARDIAN  J] J  LITEM, 
costs  of,  343,  344 

HARD  CASE, 

costs,  whore  it  is  a,  1 09 

HEIR-AT-LAW, 

charity  cases,  costs  of,  in,  350 

construction,  where  question  between  the,  and  a  devisee  is  one  of,  349 

disclaiming,  costs  of,  115,  351 


INDEX    or    MAI  IKK.  D-IO 

IIKIR-AT-T.AW— con^uM/ri/. 

ciititlol  iiinkT  the  ultimate  limitation  in  a  settlement,  wlictlier  cutitlcJ 

to  invfstniL-nt  in  lanil  at  tlie  expeiisf  of  the  comiiany,  'JSU  ii. 
favour  to,  incsont  inclination  of  court  not  to  hIiow,  'M'.i 
infant,  costs  of  oKtaining  reconveyance  of  niortgagecl  estate  from  au, 

'2:?'.>,  .TJ()  ;   costs  of  suit  for  si)ecitic  performance  a;,'aiuBt  an,  I'til  ;  are 

costs   occasioned   l>y   litigation  between    "adverse  rlmnants,"  'JiV.i, 

28:) 
insanity  of  testator,  where  the,  seta  up,  and  fails,  ',U(\_ 
issue  i/t-ciwvil  III  non,  not  entitled  to,  as  of  course,  :J47 
lunatic,  of  mortgagee,  costs  of  obtaining  reconveyance  from,  240 
lunatic's,  costs  of  appearance  of,  allowed  in  proceedings  with  reference 

to  land  taken  coinpulsorily,  against  the  comi>auy,  2!»:{ 
mortgagee's,  costs  of.  as  defendant  in  foreclosure  suit  by  ilcvisee,  not 

allowed  against  the  mortgagor,  J.VJ 
pedigree,  costs  of  proving  his,  how  to  be  borne,  ISfi,  bST,  ."J'tl 
perpetuation  of  testimony,  costs  of,  in  suits  for,  :U.") 
purchaser's,  entitled  to  costs  of  suit  for  a  re  sale,  from  atlministratrix, 

202  ;  not  entitled  to  costs  of  conveyance  of  real  estate  coutracteil  for, 

out  of  personal  estate,  '^'^\ 
set  aside  deeds,  suit  to.  costs  of,  in,  .S.')0  ,     •    • 

solicitor  and  client,  when  cntitle<l  to  costs  as  between,  in  admimatra- 

tion  suit,  2(K),  .T)! 
spoliation  of  will,  pays  costs  where  guilty  of,  ."544,  :i4.">,  :U7,  'MS 
vendor's,  refusing  to  "convey,  pays  costs  of  suit  for  specific  inrfonnance, 

2(iH,  .h!-)1  '  ... 

will,  costs  of,  in  suits  to  establish  a,  .S4-i— :US  ;  in  suits  to  imi>cach  a, 

MS,  :u\) 

HOUS?:  OF  LORDS, 

action  lies  to  recover  costs  ordered  to  be  paul  liy,  1.x.  o-l.» 
appeals  to,  costs  of,  generally,  149— loT  ;   dismissed  for  want  of  prose- 
cution, costs,  54(3 
appeal  for  costs,  to.  not  allowed,  100 
api)ellaut,  successful,  in,  generally  gets  las  costs,  l.)4 
cross  appeals  to,  1  .Mi 

default,  wlierc  appellant  or  respondent  makes,  costa,  I.m 
competency  of  appeal  to,  objection  to,  l."iti 
dilVerencc  of  opinion  in,  jiractice  where,  !.■>(>,  1.">1 
dismissal  of  ap[.eal  to,  may  be  without  costs.   l.VJ 
estate,  costs  of  appeal  where  allowed  out  of,  !.'•:!,  l.»4 
order  of,  made  order  of  court  below,  54.-)  _ 

payment  of  costs  under  order  of,  how  enforced,  J. »<,  .»4:{-.»4/ 
power  of,  to  commit  for  non-payment  of  costs,  -MO 
respondent,  succcessful,  in,  gcner.illy  gets  his  co.sts.  I.M) 
security  for  costs  on    appeal  to,    14«»  ;  deposit,   how  dealt  with.    M.i, 

545,  r>40 
taxation  of  costs,  in,   1.57,  4S2  ,    ,    .       »  *         •   »  » 

trustee,  respondent,  entitled  to  appear  by  counsel,  but  not  to  print  a 
case  or  appendix,  157 

HUSBAND,  .^  .     ,     ^,     .,_, 

costs  of  suit  by,  after  wife  8  death,  .\,  I 

And  v.  Bankki  IT,  FoKKci-osvKK  Action,  IIi-.«in.v>D  and  AN  ife, 
Mahkiki)  W().m.\n. 

HUSBAND   AND   WIFE,  ,,,,,.  .ore 

co-plaintit^s,  suing  jointly  .as.  the  husban.l  solely  lablc  for  cost^  :WVs  : 
if  husband  dies,  wife  may  continue  suit  or  not,  .>WI ;  her  habUity  lor 
Costs,  if  s^he  continues  suit,  i''. 


950  INDEX   OF   MATTER. 

HUSBAND  AND  V;'IFE— continued. 

costs  of  suit  against,  dismissed,  may  be  set  off  agaiust  payments  to  be 

made  by  husband  alone,  oG'J  ;  in  general,  both  entitled  to  costs,  369 
defending  jointly,  costs,  oGS 

defending  separately,  Avhere  allowed  separate  sets  of  costs,  370 
demurrer  in  suits  between,  Avhether  allowed  without  costs,  28 
litigation  between,  costs  of,  367,  370,  371 
marriage  of  feme  sole  plaintiff,  husband  reviving  suit  abated  by,  entitled 

to  and  lialde  for  costs  from  commencement,  369 
separation  between,  costs  of  suit  to  enforce  agreement  for,  3G7 


IMPERTINENT  MATTER, 
costs  of,  36 — 40 

IMPROPER  LENGTH.— &c  Prolixity. 

IMPROPRIETY 

of  proceedings,   taxing  master  may  take  into  consideration,  on  the 
common  order,  442 

IN  FORMA  PAUPEBIS, 

appeal,  order  to,  not  necessary  after  order  to  sue  or  defend  below,  373 
married  woman  may  sue,  without  next  friend,   365  ;  order,  for,  how 

obtained,  il>. 
next  friend  of  infant,  whether,  may  sue,  358,  359 
order  to  sue,  discharged  for  irregularity,  374  ;   but  not  after  lapse  of 

time,  ih. 
peeress  may  sue,  306 
proceedings,  what  may  l)e  taken,  373 
remuneration  not  to  be  taken  of  the  pauper  l)y  his  counsel  or  solicitor, 

after  admittance  to  sue  or  defend,  374,  375 
service  of  notice  of  motion  to  dismiss,  where  application  to  sue,  is  made 

after,  costs,  375 
stamp  on  order  to  sue,  whether  costs  of,  can  be  remitted,  375 
unserved  order  of  course  to  sue  or  defend,  effect  of,  375 
•  who  may  sue  or  defend,  371,  372,  373 
And  sec  Paupkk. 

INCUMBENT, 

costs  of  order  for  payment  of  dividends  to  new,  to  be  paid  by  company, 

287 

INCUxMBRANCERS, 

puisne,    costs   of    suit   by,   for   foreclosure    and  redemption,   224  ;   to 

ascertain  priorities,  ib.  ;  consenting  to  sale  in  foreclosure  suit,  costs 

of,  224,  225 
solicitors  lien  valid  against,  on  client's  interest,  554 
winding-up,  costs  of,  in,  273 

And  w«  AssiGNKKs,  MuKTCi.vdKi;,  PaivTition  Action. 

INCUMBRANCES, 

costs  of  ai)plication  of  purchase-money  in  di.schai'ge  of,  when  to  be  borne 
by  the  company,  289 

INDEMNITY, 

against  costs  of  suit,  88,  89  ;  agaiust  costs  of  winding  up,  what  amounts 
lo  an,  27(),  277 


INDKX    OF    MATTF.I!.  'J 51 

INFANT, 

any  person  may  institute  proceedings  in  the  name  of  an,  .iril,  .'I.V2 

coming  of  a<,'c,  may  elect  to  repinliato  or  a  lopt  suit,  .■J,"i7  ;  liability  of,  to 
costs,  i7). ,  .'{.")S  ;  cannot  move  to  dismiss  suit,  witli  costs  against  next 
friend,  .S.")7  ;  co-plaintifl",  may  have  his  name  struck  out  before  or 
after  decree,  358 

contempt  of,  costs  occasioned  by,  to  be  borne  by  the  plaintilF,  .'{GO 

conveyance,  costs  of  settling,  in  chambtirs  on  behalf  of  an,  come  out  of 
estate,  300,  379 

defendant,  costs  of,  how  to  be  borne,  359,  3G0  ;  where  he  should  have 
been  a  co-plaintilV,  1  \2,  'MO 

dying  before  taxation,  costs  cannot  be  recovered  from  next  friend.  352 

fraudulent,  may  be  ordered  to  pay  costs,  31)0 

guardian  ml  llr  in  to,  costs  of,  how  to  liC  b(;rnc,  343,  344 

heir.  — Sr>:  HKiii-AT  Law. 

inquiry  whether  suit  is  for  the  benefit  of  an,  when  and  on  whose  appli- 
cation granted,  354  ;  should  not  be  added  to  a  decree  for  accounts,  ib. 

next  friend  of. — Srr  'Sv-Xf  Fiukmj. 

real  estate  of,  may  be  sold  for  payment  of  costs  in  administration 
suit,  177 

trustee,  costs  of  suit  to  declare  an,  327 

ward  of  court,  in-nna  furlr  fur  tlie  benefit  of  an,  to  be  marlc  a,  172,  3.'>1 

where  suit  is  found  not  to  be  for  the  benefit  of  an,  costs,  354,  355 

where  two  or  more  suits  are  in.-<tituted  in  the  name  of  an,  costs  of  suits 
in  which  proceedings  are  stayed,  how  to  be  borne,  35G 

INSOLVENT, 

estate,  executors  entitled  to  costs  out  of  an,  200  ;  so,  resid nary  legatees, 
or  plaintiff  in  legatees  suit,  201  ;  .<(<.■«.<,  next  of  kin,  ih. 

not  a  "party  chargeable"  within  Atturuics  and  Solicitors  Act,  437 
And  so:  B.ankri'pt, 

INSPECTION  OF  DOCUMENTS, 

costs  of,  501 

taxation,  for  purposes  of,  474,  475 

INTEREST, 

agreement  to  allow,  on  untaxed  bills  of  costs,  550 
costs,  on,  where  payable,  53S — 40,  549,  550 
executors  cliargcd  witli,  on  lialances.  —  S<r  ExKclTuiw*. 
solicitor,  charged  with  and  allowed,  442.  5."iU 

INTERLOCUTORY  AI'I'LICATION, 

afhdavits  tiled  on,  cannot  be  used  on  questions  of  cost«  of  tlie  suit, 

where.  121 
costs  of  the  suit  cannot  be  disposed  of  on,  upon  the  merits  or  adversely 

to  defeudauts,  unless  by  consent,  77     79 

INTERLOCUTORY  APPLICATIONS, 

costs  of,  generally,  4(i— 73  ;  how  recovered,  532 

INTERPLEADER, 

costs  of  proceedings  in  the  nature  of,  221 

INTEHPLE.ADER  ACTION. 

colbusion  between  plaintiff  and  one  defendant  in,  costs  in  case  of,  220 
costs  in.  generally,  2IS-  221 
failing  defendant  pays  costs  of,  21S 


952  .     INDEX    OF   MATTER. 

INTERPLEADER  ACTION— condnucd. 

plaintift'  has  lien  ou  fuuds  for  his  costs  of,  218  ;  to  be  taxed  as  between 
party  aud  party  only,  221  ;  but  cannot  ol>tain  them  Ijefore  the  liear- 
ing,  219  ;  and  may  lose  them  by  misconduct,  220  ;  disallowed  costs 
of  unnecessary  evidence,  proceedings.  &c. ,  220 

scale,  lower,  applicable  to,  221 

security  for  costs,  defendant  in,  where  liable  to  give,  IS 

set-off  of  costs  of,  where  part  of  bill  dismissed,  219 

where  there  is  no  case  for  interpleader,  costs,  220 

where  all  claims  but  one  withdrawn,  should  not  be  brought  to  a  hear- 
ing, 219 

INTERPLEADER  BY  SHERIFF, 
costs  in  cases  of,  218,  220 

INTERPRETER, 

costs  of  examination  and  cross-examination  through  an,  to  he  borne  by 

examining  party,  44 
where  costs  of  employment  of,  allowed  ou  taxation  between  party  and 

party,  497 

INTERROGATORIES, 

costs  of,  where  disallowed,  480 
improper,  costs  of,  40 

INTESTACY, 

plaintiff  instituting  a  suit  on  the  footing  of  au,  may  have  costs,  though 
will  afterwards  discovered,  171 

INVESTMENT, 

interim,  of  purcliasc  monies  paid  into  Court,   where  costs  of,  allowed 

against  the  company,  305 
legacy,  of,  iu  real  estate,  costs  of,  how  to  be  borne,  108 
not  carried  out,  costs  of,  where  payable  by  the  compauy,  307 
petition  of  tenant  for  life  for,  of  purchase  monies  paid  into  Court,  ou 

whom  to  be  served,  294  ;  M'here  fund  is  standing  to  credit  of  a  cause, 

295 
vary,  costs  of  application  to,  328 

INVESTMENTS,  SEVERAL, 

where  costs  of,  allowed  against  the  company,  306,  307 

IRELAND, 

costs  allowed  in,  on  payment  iu  under  Ti-ustee  Relief  Act,  319 
judgment  of  Chancery  Division  for  payment  of  costs,  how  enforced  iu, 

509 
receivers,  costs  allowed  to,  in,  384 
security  for  costs  not  required  from  resident  in,  7 

IRREGULAR  MOTION,  COSTS  OF—See  Motiox. 

IRRE(iULAR  ORDER, 

in  force  until  discharged,  04 

notice   of  motion  to  discharge,   need  not  specify  the  ground  of  irre- 
gularity, 05 
order  to  discharge  with  costs,  carries  costs  of  the  application,  64 

IRREGULARITY, 

costs  of  motiou  occasioned  liy  au,  fice  MoTiox. 
effect  of,  generally,  02  —  05 

slight,  summary  ap2)lications  in  case  of,  not  encouraged,  63 
waiver  of,  in  order  of  course  to  amend,  30  ;  iu  order  of  course  for  taxa- 
tion, 441 


INDEX    OF    MATTRK.  953 

ISSUES, 

costs  of,  generally,  !•!) — lOl  ;  tricil  liy  a  jury  follow  the  event,  iiulcss 

otherwise  onlend,  101 
interlocutory  application,  costs  of,  might  l»c  disposed  of  on,  90 
new  trial,  costs  in  case  of  a,  100 
several,  found  each  way,  costs  of,  90,  101 

JUDGMENT, 

allocatur  of  taxing  master  does  not  create  a,  548 

costs,  for,  in  Chancery  Hivision,  r)(IO 

enforcing,  under  Judgment  Extension  Act,   ISGS,  500 

how  enforced,  ")0S 

order  for  payment  of  costs  enforced  as  a,  508 

setting  aside  a,  where  one  party  does  not  appear  at  the  trial,  SO 

JUDGMENT  CTvEDlTOi;, 

solicitor's  lieu  on  funds  recovered  has  prority  over  a,  50i2 

JUDGMENT  LAW  ACTS, 
execution  under,  517,  518 

JURISDICTION, 

ai>plication  which  tlic  Court  has  not  anj',   to  grant,   or  to  enforce  an 

order  made  thereon,  may  be  dismissed  with  costs,  (51 
Lands  Clauses  Act,  under  the,  to  order  the  company  to  paj'  costs,  295 
plaintiff  out  of  the,  to  give  security  for  costs,  where,  7 — 10 

JURY, 

action  or  issue  tried  with,  costs  of,  "J,  ',\,  95,  101,  10"J  ;  follow  the  event 
unless  Court  otherwise  orders,  or  the  action  ought  to  have  been 
brought  in  a  County  Court,  3,  95,  101 

Judge  of  Chancery  Division  cannot  try  action  with  a,  3 

"JUST  ALLOWANCES," 
what  included  in,  237,  238 

LACHES, 

costs  of  the  suit  how  affected  by.  in  instituting  or  prosecuting  the  suit, 
107,  108,  1G9 

LANDS  CLAUSES  CONSOLIDATION  ACT,  1845, 
costs  under,  2S1 — 311 

jurisdiction  under  the,  to  order  company  to  pay  costs,  205 
sections  of,  should  not  be  set  out  in  petition,  304 

LAND  TRANSFER  ACT,   1875, 
costs  under,  330 

LAPSE  OF  TIME, 

suit  dismissed  on  grounds  of,  alone,  without  costs,  250,  386 

LAW, 

mistake  as  to,  where  suit  dismissed  without  costs  m  case  of  a,  ,7,  1 1<» 
new,  where  point  of,  is,  no  costs  of  the  suit  are  given,  109,  1 10 
where   the,   is  changed  pending  the  suit  by  a  case  l>eiug  overruled, 
plaintiff  may  dismiss  his  suit  without  costs,  77,  1 10 

LAW,  COURT  OF,  . 

costs  of  obtaining  opinion  of  a,  have  been  held  costs  in  the  cause,  90 

LAW  OF  PIJOrERTY  AMENDMENT  ACT  (2-2  &  23  Vict.  c.  35), 
costs  under,  .328 


954  INDEX   OF   MATTER. 

LEASEHOLDS,  ,  ,  .       , 

costs  of  lialf-yearly  sales  of  stock  representing  the  purchase-monies  ot, 
payable  by  the  company,  287,  288 

LEGACIES,  .  .         .  .^   ., 

abatement  of,  for  payment  of  costs  of  admmistratiou  suit,  li  assets  in- 
sufficient, '200 

LEGACY 

costs  of  suit  to  establish  title  to  a,  168  ;  or  declare  rights  of  parties  in 

a,  lb.  ;  or  to  have  a,  secured,  1C8,  169,  170  ;  or  to  raise  a,  charged  on 

real  estate,  186 
investment  of,  in  real  estate,  how  costs  to  be  borne,  1G8 
members  of  a  class  entitled  to  a,  costs  of  ascertaining  the,  how  to  be 

borne,  186 

LEGAL  ESTATE. --^S'ee  Conveyance. 

LEGAL  TITLE,  v      •       i      -m 

appeal  for  costs  where  a  bill  failing  to  establish  a,  was  dismissed  with- 
out costs,  160  ^ 
plaintiff,  suing  in  respect  of  a,  successful,  entitled  to  costs,  98  ;  unsuc- 
cessful, to  pay  costs,  98,  99 

LEGATEE,  ^  ^    ,        ,.  .^         ,         ^-, 

may  obtain  taxation  of  bill  of  costs  of  executor  s  solicitor,  where,  IbZ, 

4()3  ;  form  of  order  for  that  purpose,  466 
And  we  Legatee's  Action. 

LEGATEE,  RESIDUARY.— ^^'ee  Residuary  Legatee. 

LEGATEE'S  ACTION,  ,.„        ,  .       • 

admission   of  assets  in  a,  extends  to  costs,   I6S  ;  where  executor  is 

charged  on  an,  costs,  ib. 
considered  to  be  instituted  ou  l)elialf  of  all  the  legatees,  167 
contingent,  where  plaiutifif  's  interest  is,  and  fails  pending  the  suit,  no 

costs  of  a,  168 
costs  of  a,  generally,  how  payable,  167,  seg.  ,„,     ,co         j 

executors,  where  costs  of  a,  are  payable  by,  personally,  181,   182  ;  and 

see  Executors. 
plaintiff  should  exhaust  every  means  of  obtaining  payment  before  in- 
stituting a,  169;  where  entitled  to  costs  of  a,  in  priority  to  debts, 
201  ;  where  allowed  costs  as  between  solicitor  and  client  in  a,  201, 
202 
prosecuted  after  notice  of  an  administration  decree  in'  another  suit, 
where  proceedings  will  be  stayed,  and  costs,  196 ;  after  notice  of  no 
assets,  costs,  204 

LESSEE,  .         ,     , 

costs  of,  in  a  partition  suit,  to  be  borne  by  lessor,  lid 

LETTERS,  ,  ,  ,-         e         I      ^on 

written  "  without  prejudice  "  may  be  read  on  question  ot  costs,  1^0, 
though  not  referred  to  in  the  pleadings,  sanble,  ib. 

items  in 'a  lull  of  ccsts,  respecting  which  the  client  disputes  his,  do  not 
constitute  an  overcharge,  455  -,,...■ 

petitioner  cannot  dispute  his,  for  bill  of  costs,  while  order  for  taxation 
stands,  549 


INDEX    OF   MATTER.  955 


LIBEL. 

publicatiou  of  by  receiver,  costs,  H84 

LIEN.— .S'ec   Commissioners,   Defendant,    DiiPosix,  Soliciiok's  Lien, 
Trustees. 

LIEN  FOR  COSTS, 

on  goods  bearing  pirated  trade  mark,  12.") 

LORD  ADVOCATE, 

entitled  to  costs  wliou  suing  for  the  Crown,  .3.3<j 

LORD  CHANCELLOR,  .,•.,,    r        ,  ,•        o,.> 

costs  of  application  to,  as  visitor  of_ charitable  foundations,  ^lo 
meaning  of,  in  G  &  7  Vict.  c.  73,  435,  n. 

LOSS  OF  TIME, 

where  professional  trustee  allowed  compcusation  lor.  Wo 

^costs  of  proceedings  in,  occasioned  by  purchase  of  lauds  taken  com- 
pulsorily,  to  be  borne  by  the  company,  -293;  to  obtain  reconveyance 
of  mortgaged  estate,  how  to  be  borne,  239,  320 

guardian  ud  liltm  to,  costs  of,  by  whom  to  Ijc  borne,  343  ;  where  lunatic 
recovers  pendente  lite,  344  .   .       r  i       *    u 

reconveyance  of  mortgaged  estate,  costs  of  obtaining  from  a,  liow  to  be 
borne,  239.  320  . 

specific  performance,  no  costs  of  suit  for,  against.  J61 

supposed,  costs  of  proceedings  taken  in  name  of,  87 

trustee,  costs  of  obtaining  conveyance  from  a,  239,  240,  6Lh 

MARRIAGE, 

of  sole  female  plaintilT,  order  made  on,  b^ 

MARRIED  AVOMAN,  .  ,      .  ,  i.  n,-, 

action  cannot  be  brought  inname  of  a,  without  her  consent,  303 
costs  of  a,  ''cuerally,  301 — 371  .     .  ^i     i      i       i 

costs  of,  in  proceedings  for  a  divorce  arc  chargeable  against  the  husband, 

enuitV  to  a  settlement,  costs  of  suit  by,  to  enforce,  36S  :  cosU  of  pro- 

cecdings  to  enforce,  out  of  what  fun<l  payable,  3<0 
estate  of  a,  costs  of  administering,  where  will  is  made  under  a  power, 

fraud  of,  husband  not  responsible  in  costs  for   370 
„  fonna  pau,.ns,  may  sue,  without  a  next  friend,  13,  ..0  ,,  .. -/.  ;  ho« 

costs  becoming  payable  to  a,  so  suing,  orderc.l  to  be  paid,  30  . 
infant  co-plaintiir,  on  coming  of  age,  may   have  her  name  struck  out, 

liat.Uity  of,  for  costs,  at  law,  .301,  302  ;  in  equity,  302   303 

motion  by,  without  a  next  friend,  costs  of  a.  p.-.yablc  by  8<^;'C't^'-. ''' 

next  friend,  may  by  leave  sue  without,  on  giving  security  for  costs,  14, 

SOI  ;  and  . <-•(-'  Nkxt  Fkiknt).  ,  o  v  •*        \f    i-v 

"  party  chargeable,"  may  be  a,  under  Attornics  and  .Solicitora  Act,  4.i< 
security  for  costs,  may  sue  without  giving   .301 
separate  estate  of  a.    liability  of,   to  costs  of  suit  by,   30.,   .364.  for 

solicitor's  bills  of  costs.  307  :  how  enforced.  .30,.  ..4.S 
suit  of  a^by  ^  "ew  next  friend,  after  death  of  next  friend  in  a  former 

suit,  proceedings  in,  cannot  be  stayed   till  costs  of  former  suit  arc 

pail  I,  .');i7 


95G  INDEX    OF    MATTER. 

MARRIED  WOMAN— continued. 

surviving  lier  liusband,  liability  of,  for  costs  of  joint  suit,  369  ;  entitled 

by  survivorship  to  costs  ordered  to  be  paid  to  husband,  ib. 
trustees  refusing  to  transfer  funds  of  a,   where  disallowed  or  charged 

with  costs,  414  ;  where  entitled  to  pay  share  of  a,  into  Court,  under 

the  Trustee  Relief  Act,  318 
unnecessary  proceedings  commenced  in  name  of,  costs,  364 

marrii^:t)  avomen'S  property  acts, 

costs  under,  363 

And  see  Husband  and  Wife. 

master, 

costs  of  suit  instituted  on  suggestion  or  recommendation  of  a,  114 

MEETING  HOUSE, 

trustees  of  a,  becoming  disqualilied  and  refusing  to  retire,  charged  with 
costs,  410 

MEMBER  OF  PARLIAMENT, 

payment  of  costs  by  a,  how  enforced,  514 

MERCHANDIZE  MARKS  ACT,   1862, 
costs  of  suits  under,  how  taxed,  246,  n. 

MERCHANT  SHIPPING  ACTS, 

costs  of  suit  under  the  limited  liability  clauses  of  the,  110 

MERCHANTS, 

employed  to  assist  the  Court,  fees  to,  488 

MINUTES, 

costs  of  speaking  to  cause,  on,  135  ;  moving  to  vary,  ib. 
settling,  costs  of,  503 

MISDESCRIPTION, 

costs  of  suit  for  specific  performance  in  case  of,  258 
plaintiff,  of,  sec  Securitv  for  Costs. 

MISREPRESENTATION, 

costs  of  suit  for  specific  performance  in  case  of,  258 

MISTAKE, 

costs  omitted  from  decree  l^y  a,  how  to  be  obtained,  50,  134 

court,  of  the,  plaintiff  misled  by,  might  dismiss  his  bill  without  costs, 

77 
parol  evidence  of,  admitte<l  in  opposition  to  specific  performance,  259 
plaintiff  might  dismiss  liis  bill  without  costs,  in  case  of  a,  where,  76 
registrar,  of,  costs  occasioned  by  a,  by  whom  to  be  borne,  63 

MISUNDERSTANDING,  costs  of  suit  for  specific  performance  in  case  of, 
258 

MONTH,  meaning  of,  in  Attornies  and  Solicitors  Act,  and  how  to  be  calcu- 
lated, 428,  n. 

MORTGAGE  DEEDS,  costs  incurred  respecting  the,  by  whom  to  be  borne, 
234 

MORTGAGEE, 

accounting  party,  may  be  charged  with  costs  as  an,  164,  230 
actions  by  or  against,  costs  of,  where  allowed  to,  and  as  against  whom, 
2:50,  2.37 


1N1>KX    OF    MATTl'lR. 


L»57 


MORT(!A(;KH     ront'titued.  ,    .        i 

aaniinistration  suit    institutc.l  by,   costs  of,  payable  in   wliat  onk-r, 

196,  seq. 
admiuistration  suit,  cutitlcl  to  prove  lu  an,  how,  l.»s 
appeal  for  costs  by,  100, -iO:}  .,.,..,.  ,    ,     i-,      .>-»i 

asbiguccs   from,   before   suit,   costs  of,   2.{.!,   'IXX  ;    i.-mbnl.'   hi.;    .'.{4, 

claTming  balance  when  none  due,  pays  costs,  or  not  allowe.l  any,  -J-'O, 
230  •  srrns,  if  he  merely  claims  more  than  is  due,  •_•_.» 

costs  of,  general  rule,  -'-Jl,  -Ji'-' ;  bis  ri-ht  to,  depends  substantially 
upon  contract,  •iH'i  .        -.i  x „    o-i\ 

expenses,  what  allowed  to,  in  settluig  accounts  with  mortgagor  2.1... 
L,.  ;  in.)uiry  as  to,  not  of  course,  but  case  for,  must  be  made  ou 

lirstl^'entitred" to  costs  of   taking  transfer  of  second  mortgage  peu.ling 

fraud  kud  oppression  by,  costs  of  suit  to  be  relieved  against,  2:il,  232 
losing  the  title  deeds,  costs  of,  22S,  221) 

raort°a"e  deed,  where  allowed  costs  of  preparing  the,  2.}/,  -.5^ 
"xritfkl  when  action  instituted,  pays  costs,  220,  .......  if  decree  made 

before  overpayment  discovered,  //>»/.  ;,-  ,..;n.  nnfinn 

paid  off,  not  bound  to  transfer  to  no.niuee  of  mortgagor,  it  nmIIi  notice 

of  an  cciuitable  claim,  23."'>  n         i 

possession,  in,   refusing  to  account  pays  costs,  230;  expenses  allowed 

pm^chase' monies  of  lands  compulsorily  taken    costs  of  SY^''^;';:?":  ^.r^ 
^   appearance  of,  on  petition  to  deal  with,  Nvhere  allowed  agam.t  the 

renting  rk;U*t  redeem,  costs  where  .lisallowed  to,  or  to  be  borne  by. 
rcSning  deeds  on  redemption,  must  covenant  at  his  own  expense  for 
production,  234  ^     <    n  TV         i    0"i   •'•^1 

oiler  in  fei  ;  in  a  !'>""«  ii.cum1.raQccr'3  slut,  2-24  ;  lu  forcdo.ure 

suit,  tf'i'l. 
sale,  costs  of  suit  for,  by,  22..,  •_•-(. 
sale  and  administration,  costs  of  suit  for,  by,  UO,  6"/- 
solicitor,  what  costs  allowed  to   srr  ^o.  i.Trou 
solicitor  has  no  lien  on  papers  delivered  to  bun  as,  ...._ 

?Xi?^piS!SM"aS^.r^^^^^  to  accept,  pays  costs. 

tr^L,  may  be  charged  .xs  a,  -here  power  of  sale  exemsed,  -G 
trustee  for,  costs  of,  allowed  against  inortg.a^i,-- 3,  --U 
trust  for  sale  of  ecpiity  of  redemption,  availing  him.clf  of,  costs,  --0 
And  sec  Forkclosuuk,  KKDEMrnoN. 

equiiy,  —  '  '  ...i..,  i„    posts  of   bv  w  u>m  to  bo  boine,  —J 

conveyance  of  legal  estate  to,  costs  oi,  ly  _^  _^ 
mortgagor,  entitled  to  costs  as  against  the  - 
remedj^of,  whether  sale  or  loreclosure,  I'AS,  -0 


958  INDEX   OF   MATTER. 

MORTGAGOE, 

entitled  ou  redemption  to  custody  of  all  deeds  relating  to  the  mortgage, 

or  attested  copies  at  mortgagee's  expense,  234 
mortgagee's  solicitors  bills  may  be  taxed  by,  as  third  party,  459,  40 1 

MORTGAGOR  AND  MORTGAGEE, 
costs  of  suits  between,  221 — 240 
lieu  of  solicitor  who  acts  for  both,  554 
And  sec  Foreclosure,  Redemption. 

MOTION, 

abandoned,  65—67  ;  taxation  of  costs  of,  practice  as  to,  67,  485 

advancement  of  cause,  for,  costs  of,  52 

application  by,  instead  of  summons,  what  costs  allowed,  61 

bad  faith,  of  respondent,  occasioned  by,  costs  of,  54  ;  order  obtained  in, 
costs  of,  to  discharge,  63 

contempt,  to  commit  for,  costs  of,  57,  58 

costs  of.  Sir  J.  Leach's  rules  as  to,  47  ;  followed  where  order  silent  as 
to  costs,  47  ;  exceptions  to  rules,  49,  acq. 

death  of  plaintiff  after  giving  notice  of,  costs  occasioned  by,  how  to  be 
Ijorne,  iS(S 

default  of  moving  party,  occasioned  by,  costs  of,  51,  52 

default  of  respondent,  occasioned  by,  costs  of,  54  -  60 

dismiss,  to,  for  want  of  prosecution,  costs  of,  55—57 

entitled  in  several  causes,  where  costs  of  may  be  set  off  in  one.  70 

ex  -[Kirte,  order  for  payment  of  costs  on,  irregular,  46 

"four day  order,"  for,  costs  of,  54 

granted,  costs  of,  not  generally  reserved,  49 

gross  sum,  where  allowed  in  lieu  of  taxed  costs  of,  70 

indulgence,  party  seeking  an,  pays  costs  of,  51,  52 

injunction,  for  an,  costs  of,  47 

interlocutory,  refused,  order  as  to  costs  of,  does  not  enlarge  time  for 
appealing,  51 

irregular,  costs  of,  60 

irrec^ular  order,  to  enforce  an,  costs  of,  61  ;  to  discharge,  62;  where 
irregularity  occurs  through  registrar's  mistake,  03 

irregularly  filed  document,  to  remove  a,  from  file,  costs  of,  62 

new  trial,  for  a,  costs  of,  100 

notice  of,  costs  may  be  given  though  not  asked  for  by  the,  46  ;  but  not 
unless  respondent  appears,  ib. 

notice  of,  to  discharge  irregular  order  need  not  mention  grounds  of 
irregularity,  %o 

notice,  without,  what  may  be  made,  46 

parties  not  served  with  notice  of,  but  appearing,  70 

parties  properly  appearing  on  a,  do  not  lose  their  costs  by  opposing,  69 

parties  served  with  notice  of,  unnecessarily  appearing,  costs  of,  67 — 69 

pending,  included  in  costs  of  demurrer  allowed,  29 

principal  part  of  the,  moving  party  failiug  in  the,  pays  full  costs,  70 

jn-o  fonnd,  party  making  a,  should  inform  the  other  side  under  penalty 
of  costs;  •<>7 

purchaser,  by,  costs  of,  what  allowed,  09 

receiver,  relating  to,  costs  of,  382,  383  ;  where  receiver  improperly  ap- 
pointed, 62 

refused,  costs  of,  may  be  made  costs  in  the  cause,  51 

reserved  until  the  trial,  where  costs  of,  are,  49—51  ;  ouglit  not  to  be 
ultimately  given  to  unsuccessful  party,  49  ;  reservation  of  costs  should 
be  until  trial  or  further  order,  50  ;  reserved  costs  should  be  ex- 
pressly included  in  the  judgment  at  the  trial,  ib.  ;  where  action  dis- 


INDEX    OF    MATTKll.  05 0 

MOTION— cu/i/nuttW. 

missed  with  costs  at  the  Rolls   reserved   costs   are   included,   ih.  ; 

reserved  costs  of  motion  not  included  in  general  reservation  of  costs 

of  suit  at  the  hearing  unless  expressly  mentioned,  Hi.  ;  sepaiate  order 

may  be  made  for  their  payment,  50,  51 
stand  over,  ordered  to,  47 

stay  proceedings  under  decree,  to,  pending  appeal,  costs  of,  r)3 
transfer,  for,  of  purchase  money  paid  in  by  public  company  to  credit  of 

cause,  on  whom  notice  to  be  served,  09 
transfer,  for,  from  one  branch  of  the  Court  to  another,  costs  of,  aO,  00 
two,  made,  where  only  one  necessary,  what  costs  allowetl,  71 


NATIONAL  DEBT  ACT,  1870, 
costs  under,  329 

NAUTICAL  ASSESSORS, 
costs  of  employing,  499 

NEGOTIATIONS,  before  suit,  effect  of,  on  costs  of  suit,  105,  200 

NEXT  FRIEND, 

infant,  of,  liability  of,  to  costs,  351,  352,  35S  ;  entitled  to  reimburse- 
ment out  of  infant's  estate,  where.  352,  353  ;  improperly  instituting 
a  suit  may  be  ordered  to  pay  all  the  costs,  354,  355  ;  has  no  lien  on 
fuuds  or  estate  recovered  in  the  suit,  353  ;  allowed  costs  as  between 
solicitor  and  client,  l:>ut  not  as  of  right,  353  ;  inquiry  whether  the 
suit  is  for  the  infant's  benefit,  not  directed  on  the  apidication  of  the, 
354  ;  deceased,  wluui  infant  comes  of  age  and  repuiliates  suit,  costs 
cannot  be  recovered  from  the  estate  of,  357  ;  whether,  may  sue  in 
forma  pauperis,  358,  359  ;  death  of,  who  may  nominate  new,  357,  n.; 
changed,  costs,  359  ;  may  be  a  "  party  chargeable  "  under  Atturnies 
and  Solicitors  Act,  437  :  and  si'c  Infant,  Sulicituu. 

married  woman,  of,  becoming  insolvent,  order  made  in  case  of,  3GG  ; 
changed,  13  ;  death  of,  order  made  on,  300  ;  liable  for  injurious 
charges  against  husband  in  petition  under  Trustee  Acts,  30S  ;  and 
for  costs  of  unnecessary  proceedings  taken  without  her  consent,  304  ; 
must  give  security  for  costs,  if  poor,  12,  304  ;  objection  that  he  has 
no  authority  may  be  taken  by  defendant.  12,  304 

new,  liable  to  costs  from  commencement,  121 

solicitor  has  no  lien  on  papers  delivered  to  liim  as,  552 

supposed  lunatic,  of,  costs,  87 

NEXT  OF  KIN, 

charity  cases,  costs  of,  in,  350 

insolvent  estate,  not  allowed  costs  out  of  an,  201 

plaintiffs  unsuccessfiUly  claiming  to  be,  may  have  costs  out  of  the  estate, 

171,  172 
proving  their  title  in  chambers,  costs  of,  how  to  bo  borpe,  180,  1S7 
residue,  suit  by,  claiming  the,  against  the  executors,  lUsniissed  without 

costs,  349 

NOTICE, 

solicitor's  lien  on  money  or  costs,  payable  to  client,  may  be  enforced 
by,  562,  505 

NOTICE  OF  MOTION.— ^Vc  Motion. 


9G0  INDEX   OF   MATTER. 

OBSERVATION;=<.— -S-e*'  Counsel. 

OFFICER, 

abroad,  on  tlie  pul.lic  service,  not  required  to  give  security  for  costs,  8 
ou  half  pay,  uot  allowed  to  sue  in  funai  pauperis,  872 

OFFICER  OF  THE  COURT, 

entitled  to  costs  of  successfully  defending  his  character,  38 

OFFICIAL  LIQUIDATOR, 

appeals,  costs  of,  ou,  271,  272 

costs  allowed  to,  271  ;  order  ou,  for  payment  of  costs,  Ih. 

costs,  charges,  and  expenses,  of,  273,  274 

solicitor,  not  liable  to  his,  for  costs,  270  ;  must  not  make  payments  to, 

without  the  sanction  of  the  Court,  271 
unsuccessful  claim  l)y,  costs  of,  273 
where  disallowed  costs,  271 

OMISSION,   of  costs  from  decree,  how  repaired,  50,  134 

ORDER, 

how  enforced,  508 

ORDERS, 

of  1  Feb.,  1861,  328 

of  5  Feb.,  1861,  r.  19—45 

of  Nov.,  1862,  r.  72—281 

of  27  May,  1865-191.  192 

of  17  April,  1867—431,  447,  449,  456,  460,  463,  479 

of  7  Jan  ,  1870-431,  519,  524,  525,  527,  529,  530,  531 


ORDERS,   CONSOLIDATED, 

III.  r. 

4—173 

VII.  r. 

9—374,  375 

,,     r. 

11—374 

IX.    r. 

7—216 

XII.  rr.  : 

2,  3—534 

XIV.   r. 

1—26 

,,     r. 

13—27 

,,     r. 

14—63 

XXI.  r. 

12—90,  393 

XXIIL  r. 

1     468 

,,      r. 

10     431 

,,      r. 

12—137 

,,      r. 

13—75 

,,      r. 

16—238 

XXVI.  r. 

1-72 

XXIX.  r. 

1-.548 

,,       r. 

7—515 

),      r. 

8—516 

,,      r. 

9-516 

..      r- 

11—518 

,,      r. 

13—518 

XXX.  r. 

2-531 

XXXII.  r. 

4—83 

XXXV.  r. 

11—140 

,.       r. 

16—138 

,.       r. 

20-138 

,,       r. 

60-38 

INDEX  OF  MATir.n.  001 

ORDERS,  CONSOLIDATED— eon^HK^,/. 
XXXVI.rr.7,S-47-2 

r.  1-2 -aOO 

r.  i;{     47'-',  AOO 
XXXVII.  r.  14— 2.S 

XL.  rr.  1,  2—467,  46S 
^,     r.    8—469 
,,     r.    4 — .'U.'J 
„     r.    5-;i74 
,,     r.    8-36 
,,     r.    9— 7L  304,  484 
,,     r.  10—71,  4S4 
„     r.  12-127 
,,     r.  14-214 
,,     r.  16-217 
,,     r    17— 4S9 
,,     r.  IS— 484 
^_     1,   11)  -484 
,,     r.  20-484,  489,  491 
,,     r.  21—90 
„     r.  22—90 
,,     r.  23—65 
,,     r.  24—140,  191,  470 
,,     r.  25-140,  470 
,,     r.  26—474 
„     r.  28—137,  190 
,,     r.  29—138 
„     r.  30—497 
„     r.  31—140 
„     r.  32-483 
„     r.  33-478 
,,     r.  34—479 
,,     r.  37—70 
,,     r.  38—469 
,,     r.  39—470 
,,     r.  40-477 

ORDINARY,  .       r  .       * 

costs  of  service  on,  of,  aiul  of  his  appearaucc  on  pctitiou  for  inycstmeut 
of  purchase  monies,  wlicther  allowed  against  the  company,  l.U 

OVERCHARGES,  .     ,      .  .         •     i    '.  ♦ 

objections  to  liability  as  regards  particular  items,  not  cf|Uivalent  to, 

455 
onus  of  proving,  lies  on  petitioner,  455  .,-,,,-, 

special  application  to  tax,  wliere  suflKicnt  grounds  for  a,  44...  14"..  4-. I, 

sn,.  :  should  be  proved  on  a,  as  well  as  pressure,  4o2 
specific  items  of,    should  be  pointed  out,  454,  455;  scats,  if  solicitor 

refuses  to  produce  the  bill,  455,  456 
taxation  by  r<\slui  qnr  tnuyi,  on,  what,  must  be  shown,  403 

OUTLAW,  .  ,  ..  ,  ••.        K  ,    ii- 

not  a  "party  chargeable,"  under  Attornies  and  bolicitoi-s  Act,  4.}< 

PAPERS, 

cause  struck  out  for  want  of,  costs  wlierc,  90 
And  i^cc  SoLiciTou's  LiEX. 

PARISH,  ,        ,  ,    w      on 

costs  of  one,  formed  out  ot  another,  how  provided  for,  -U 

3  Q 


962  INDEX    OF   JIATTEE. 

PAR  TIG  EPS  CUIMINIS, 

where  j)laiiitiff  is,  decree  made  without  costs,  109 

PARTIES, 

forrual,  costs  of,  120 
fourth,  costs  of,  120 
plaintiff  uot  justified  iu  making  persons,  because  other  defendants  oLject 

for  want  of  them,  119 
third,  costs  of,  119 

unnecessary,  entitled  to  costs  from  plaintiff,  where,  118,  119 
Avant  of,  defect  for,  90 
And  see  Defendants. 

PARTITION,  ACTIONS  FOR, 

costs  of,  how  disjiosed  of,  240,  241  ;  cannot  lie  taxed  as  between 
solicitor  and  client  except  by  consent,  244 

defendant  setting  up  agreement  as  a  bar  to  partition,  or  disputing  plain- 
tiff's title,  to  pay  costs  thereby  occasioned,  241  ;  but  costs  of  an 
inquiry,  where  plaintiff:"  was  heir-at-law,  were  allowed,  242 

incumbrancers  on  one  share,  costs  of,  how  to  be  borne.  243 

parties  not  sui  juris,  costs  of,  in,  may  be  declared  a  charge  upon  their 
shares,  242 

purchaser  of  plaintiff's  undivided  share,  costs  of,  in,  243 

tenant  in  common,  liability  of,  for  costs  of,  243 

tenant  for  life,  costs  of,  in,  243 

tenant  iu  tail,  costs  of,  in,  243 

PARTITION,  AGREEMENT  FOK, 
costs  of  carrying  out,  243 

PARTNERS, 

costs  payable  to,  1 27 
execution  against,  513 

PARTNERSHIP, 

dissolution  of,  is  a  discharge  of  the  client  by  the  solicitors,  559  ;  effect 

of,  on  retainer,  387  ;  on  solicitor's  lien,  559 
actions  for  dissolution  of,  costs  of,  244,  245  v 

PARTY  AND  PARTY, 

taxation  of  costs  as  between,  4,  396,  483 

"PARTY  CHARGEABLE," 

under  Attoruies  and  Solicitors  Act,  who  may  be  a,  437,  438 

"PARTY  INTERESTED," 

under  Attoruies  and  Solicitors  Act,  1843,  bankruiit  is  not,  463 

PAST  ^MEMBERS, 

liability  of,  for  costs  of  winding  up,  275 

PATENTS,  ACTIONS  RELATING  TO, 

amendment  of  particulars  of  objection,   terms  on  which  allowed,  iu, 

247 
certificate,  what  sulficicnt,  247 

costs  in,  under  Patent  Law  Amendment  Act,  1852,  how  taxed,  245,  246 
directors  of  a  company  may  be  made  personally  liable  for  coste  of,  247 
particulars  of  objections,  costs  in  respect  of,  in,  246 


JNIiKX    or    MATTKIl.  1^)3 

rAUPER, 

appeal,  may,  to  Houae  of  I^rds,  without  recognisance,  l.)0 

l.ill.  coiiM  not  diBiuiss  liis  own,  r.--  ]>iiytr,  without  costs,  7G 

contempt  liy,  custs  of,  how  ilischiir^'cil,  :i7tj 

costs  payable  to,  to  be  taxed  as  dirf.i  costs,  ?>~\ 

defendant,  solicitor  assij^ned  to,  where,  :{7<J 

dispaupered,  may   be,    under  what  circumstauces,   'M'.\  '.\~\  ;  but  may 

be  readmitted  to  sue  or  defend  in  forma  jmu/irr'n,  'M'.i 
liability  of,   for  costs  of  proceeding's  before  order  tj  buc  or  defend  in 

/();■»('?  ;'a(//)«;ri<  obtained,  :{7"),  '>7<> 
second  suit  by,  stayed,  until  pajmcnt  of  costs  of  previous  suit  dismissed, 

377 
And  see  Ix  Forma  Pauperis. 

PAYMASTER  GENERAL, 

cheque  of,  for  payment  of  costs  out  of  fund  in  Court,  .^l 

PAYMENT  INTO  COURT, 
cfFcct  of,  on  costs,  103,  10 1 

PAYMENT  OF  COSTS, 

where  appeal  pending,  509,  510 

PAYMENT  OF  COSTS,  HO\y  ENFORCED, 
clergyman,  against  a,  ol8,  .")]0 

corjioration,  against  a,  ■)  14  -,,-,, 

fund  or  estate,  where  payable  out  of,  or  charged  upon,  jll,  o4- 
House  of  Lords,  in  the,  543—547 
Lands  Clauses  Consolidation  Act,  under  the,  310,  311 
member  of  parliament,  against  a,  514 
party  and   party,   between,  by  /.  fa.   dc<jit,  and    jjrocccdmgs   under 

.Tudgmcnt  Law  Acts,  514—519  ;  sequestration,  519,  5-20;  attaohment 

of  debts,  5-20  — 5-22  :  charging  order  on  stocks  and  shares,  522,  .>2:>  ; 

arrest  and   imprisonment,  523— 53(j  ;_  staying  a  second  action  until 

costs  of  former  action  are  paid,  530— 53S 
peer,  against  a,  514 

several  modes,  50>>  _,„     ,  r  ii 

solicitor  and  client,  between,  by  action,  .>4/,  .)4S  ;  by  process  of  the 

Court   548—550  ;  by  lien  on  the  iinjiers  of  the  client,  .mI  —  KK)  ;  by 

lien  on  the  funds  recovered.  501,  5(;(;  ;  by  a  charge  on  the  property 

recovered  under  23  <fe  24  Vict.  c.  127,  507-573 

PAY'MENTS  ,  ,        .  ,,., 

by  client,  what  to  be  allowed  on  taxation,  under  an  order  of  course,  44- 

paymeutof  costs  by,  how  enforced,  ;> 1 4 

security  for  costs,  not  exempt  from  liability  to  give,  9 

PEERESS  .     ,^,, 

may  sue  in  forma  paup'-ri-',  300 

^^™iulSned,  respondent  entitled  to  costs  of,  on  producing  hia  ovnx  affi- 
davit  of  having  been  served.  07 
demurrable,  costs  of  aflidavits  in  opposition  to,  ,  1 
evidence,  unnecessary,  costs  of,  7 1  .      r   -a 

gross  sum  may  be  allowed  in  lieu  of  taxed  costs  of,  ,0 
improper  matter,  in,  7 1 

lonL',  unnecessarily,  costs  of.  71  ,. m 

pirtKS  i-roperly  appearing  on,  do  not  lose  costs  by  opposition,  69 
*  3  Q  2 


964  ■  INDEX    OF   MATTER. 

TETlTIO'^—conthmcrJ. 

parties  served  aud  appearing  xiunecessarily,  wliere  entitled  to  costs,  G7, 
seq.  ;  under  Trustee  Eelief  Act,  320 

perusing,  tender  of  costs  for,  to  be  made  to  respondent  whose  appear- 
ance is  unnecessary,  08  ;  sura  to  be  tendered,  ib. 

prayer  of,  costs  may  be  given  tliougli  not  asked  for  by  the,  46  ;  but  not 
if  respondent  does  not  appear,  ib. 

purchase-monies  of  Lauds  compulsorily  takeu,  to  deal  Avith,  on  whom  to 
be  served,  293,  srq. 

served  on  solicitor  for  two  parties,  without  specifying  for  which,  TO 

solicitor  of  party  served,  perusing,  without  appearing  on,  fee  allowed 
to,  68 

stop  order,  for,  costs  of,  not  allowed,  72 

tenant  for  life,  by,  for  payment  of  income,  costs  of  how  to  be  borne,  in 
administration  suit,  200  ;  under  Trustee  Eelief  Act,  322 

Trustee  Eelief  Act,  under,  trustees  should  not  present,  319  ;  for  pay- 
ment out  of  fund,  costs  of,  321  ;  for  payment  out  of  income,  costs  of, 
322  ;  respondent  may  be  ordered  to  pay  costs  of,  323 

winding-up,  for,  sec  Winding-up. 

PETITION  OF  EIGHT.— -S'ee  Attorney-General. 

PETITKINEE, 

security  for  costs,  where  liable  to  give,  17,  18  ;  what  sufficient  amount, 
21 

PETITIONS, 

what  costs  allowed,  where  two  presented,  though  one  only  necessary, 
71,  209,  305,  323,  325 

PLAINTIFF, 

deceased,  proceedings  in  a  fresh  suit  by  representatives  of  a,  may  be 

stayed  till  costs  of  first  suit  are  paid,  536,  537 
non-appearance  of,  at  the  trial,  130 
unsuccessful,  lAay  have  costs  out  of  a  fund  or  an  estate,  96,  07 ;  but 

not  from  defendants  personally,  98 

PLEADINGS, 

amendment  of,  32,  seq. 

POLICY  OF  ASSUEANCE, 

payment  into  Court  of  monies  due  on,  317,  318 

POUNDAGE, 

party  entitled  to  execution  may  levy,  512 
sheriff,  when  entitled  to,  516 

POVEETY, 

not  in  general  a  ground  for  requiring  security  for  costs,  14  ;  sccus,  in 
case  of  an  appellant,  142 

PEA(JTICE, 

former,  as  to  costs,  still  in  force  unless  specially  altered,  467 

PEESSUEK, 

doetriue  of,  in  cases  of  taxation,  not  to  be  extended,  454 
not  suiKcient  grounds  for  special  ai)plication  to  tax  solicitor's  bill  with- 
out overcliargcs,  452 
what  amounts  to,  by  solicitor  on  client,  449 — 454 

PEISONEE.— *S'ce  Attachment,  Contempt. 


INDEX    OF   MATTKIt.  005 

PRIVATE  ACT, 

costs  payable  by  company  taking  lands  scttlcl  by  a,  .102 

PRO  INTERE.SSE  SUO, 

a  person  may  be  examined,  inforiud  puupcns,  37."} 

PROBATE, 

costs  of,  not  comprised  in  "costs,  charges,  and  expenses,    401 

PROBATE  DIVISION,  ,...,-  •.,->. 

costs  of  suit  in  the,  postponed  to  costs  of  an  administration  suit,  \  ,>> 
married  woman  may  be  ordered  to  pay  costs  in,  'M\ 

PROCESS,  ,      ,  ,       1       1  f^ 

for  payment  of  costs  may  be  joint  or  several,  where  several  onlered  to 

pay,  501)  ,        , 

messenger  who  has  let  prisoner  go  on  an  undertaking  cannot  use  tlie,  ot 
the  Court,  to  enforce  it,  533 

PRODUCTION.— ^ee  Documents. 

PROFESSIONAL  MEN, 

what  expenses  allowed  to,  as  witnesses,  43 

PROFESSIONAL  SERVICES, 
what  included  in,  389,  390 

PROFESSIONAL  TRUSTEES, 
^    what  costs  allowed  to,  405  J  and  see  Solicitor^.  *.  /      ^ 

Ttojtl'  C(l4jcj^,  .  Hct^i^  (r^,u.A^Uo>.  ccU4cWf70U^  *^9m^  ^e^cT  ^>4C*f  _ 

PROLIXITY 

in  pleadings,  costs  of,  disaUowed,  38,  39,  484,  485 ;  instances  of,  485 

PROTECTION  OF  SETTLED  ESTATE, 
costs  of  proceedings  for,  332 

PROTEST,  ^  ^     ^      ^.        ,. , 

pavment  under,  not  alone  a  ground  for  taxation,  4j4 
specific  items  objected  to  should  be  pointed  out,  on  payment  under, 
454 

PROVISIONAL  LIQUIDATOR, 

costs  of,  207 

may  be  appointed  to  receive  costs,  208 

PUBLIC  SERVICE,  .  .^    ,  .^  ^ 

plaintiff  abroad  on  the,  not  re^iuircd  to  give  security  for  costs.  8 

^^^cafntt^ii^oVer  at  law  costs  of  suit  for  specific  performance,  where  vendor 
has  no  title,  253 
costs,  may  have  to  pay,  for  the  sake  of  the  title,  ...U 
death  of,  costs  of  suit  for  re-sale  occasioned  by,  -0- 
partition  suit,  in,  costs  of,  243  .„  „«  „    ,v>,«»vn  title  ia 

fe-sale,  cannot  recover  from  vendors  at  law  costs  of  a,  ^^helC  title  u 

bad,  381 
And  see  Specific  Performance. 


966  INDEX   OF   MATTER. 

PURCHASER  UNDER  DECREE, 

costs  of,  geuerally,  o77 — ^:)S1 

discluarged,  eutitled  to  costs,  charges,  and  expenses,  380,  381  ;  by  whom 
to  be  borne,  ih. 

making  default  iu  completion,  to  pay  costs  of  re-sale,  381 

motion  to  pay  piirchase-mone}^  into  Court,  costs  of,  not  allowed  to,  378 ; 
to  deal  with  purchase-money,  where  entitled  to  costs  of  appearance 
on,  09,  378,  379  ;  to  substitute  one,  for  another,  costs  of,  378 

And  sec  Title,  Refep^ence  as  to. 

QUEEN  ANNE'S  BOUNTY, 

costs  of  service  on  the  Governors  of,  and  of  their  appearance,  where 
allowed  against  the  company  under  the  Lands  Clauses  Consolidatiou 
Act,  299 

QUEEN'S  BENCH  DIVISION, 
costs  iu,  3 

QUEEN'S  COUNSEL, 

costs  of  consultation  with,  on  the  frame  of  the  bill,  allowed  on  taxatiou 
as  between  solicitor  and  client,  4 

RAILWAYS  ABANDONMENT  ACTS, 
costs  under,  329 

REAL  ESTATE, 

administration  of,  costs  of  suit  for,  where  realty  and  personalty  admin- 
istered in  same  suit,  17-4,  scq.  ;  where  realty  only  administered,  or 
there  is  no  personal  estate,  177 

charity,  belonging  to  a,  may  be  sold  for  payment  of  costs,  212 

infant's,  may  be  sold  for  payment  of  costs  iu  an  administration  suit, 
177 

investment  of  legacy  in,  costs  of,  how  to  be  borne,  168 

legacy  cliarged  on,  costs  of  suit  respecting  a,  168 

sale  of,  costs  incurred  iu  effecting  a,  come  out  of  the  proceeds  of  sale, 
177  ;  but  not  in  priority  to  mortgagee's  principal  and  interest,  199 

solicitor  has  no  lieu  on,  for  costs,  561 ;  but  may  have  a  charge  under 
23  &  24  Vict.  c.  127,  567 

tenant  for  life,  where  costs  of,  are  charged  on  the  inheritance  in,  the 
Court  will  direct  a  sale,  542 

REBUILDING, 

whether  costs  of  application  to  lay  out  purchase-money  in,  are  payable 
by  the  company,  287 

RECEIVER, 

costs,  charges,  and  expenses,  entitled  to,  382 ;  iu  priority  to  the  costs 
of  an  administration  suit,  178,  382 

default,  in,  costs  payable  by,  383,  384 

improper  person  appointed,  costs,  62 

interference  wdth,  costs  occasioned  by,  how  to  be  borne,  384 

Ireland,  costs  allowed  to,  in,  384 

liliel  puljlished  by,  costs,  384 

liquidation  petition,  appointed  under,  costs,  382 

officer  of  the  court,  is  au,  aud  should  not  in  general  originate  proceed- 
ings, but  may  in  special  cases,  382 

petition  to  discharge  a,  costs  of,  384  ;  should  not  be  served  on  receiver, 
who  will  not  be  allowed  costs  if  he  appears,  382 


INDEX    OF   MATTER.  0G7 

RECEIVER— coniinu  eel. 

poundage,  and  expenses  of  passing  accounts  of,  payable  by  tenaut  for 

life,  -Mi-l 
proceedings  by,  without  leave  of  tlio  court,  wliere  costs  of,  allowed,  382, 

38.3 
suit  for  a,  pending  litigation  respecting  probate,  costs  of,  liow  and  wlicu 

disposed  of,  79 
will,  appointed  by,  a  proper  party  to  an  adininistratiou  suit,  384 

RECOdNIZA^X'ES, 

entered  into  by  appellant  to  House  of   Lords,  141),  l.")0  ;  but  not  by 
attorney-general  or  ofiicer  of  the  crown,  100  ;  or   ouc  appealing  in 

fnnnd  j>at(j>crh,  ihld. 
estreat  of,  how  ellected,  544 

RECONVEYANCE,  of  mortgaged  estate,  costs  of,  in  general,  to  be  borne 
by  mortgagor,  'JoS  ;  from  infant  heir,  "239 ;  from  lunatic  mortgagee, 
ibhi.  ;  from  lunatic  heir  of  mortgagee,  240 

RECOVERY  OF  COSTS.— ,S'w  Payment  of  Costs,  how  enforced. 

RECTIFICATION  OF  REGISTER,  costs  of  application  for,  279 

"RECTOR  OF,"  &c.,  sufticieut  description  of  ])laintitf,  though  not  resident 
in  the  parish,  11 

REDExMPTlON,  ACTION  FOR, 

appeal  for  costs  will  lie,  where  mortgagee  refused  costs  of  an,  100,  223 
over-payment,  where  alleged,  costs  are  reserved,  22!) 
plaintiff'  pays  costs  of  an,  though  mortgagee  is  in  possession  and  charged 
with  annual  rests,  229  ;  except  whore  ilefendant  resists  the  right  to 
redeem,  227  ;  or  there  is  a  (|ucstion  of  ])riority  between  tsvo  mort- 
gagees, 228  ;  or  mortgagee  has  lost  his  deeds,  228,  S2!)  ;  or  is  overpaid, 
229  ;  or  iu  case  of  tendei-,  2.S0,   2;U  ;  or  the  plaintitl"  seeks  to  be 
relieved  against  fraud  and  oppression.  2:52 
puisne  incumbrancer,  by,  rule  as  to  costs  of  an,  224 
tenant  for  life,  by,  costs  of  an,  how  to  be  borne,  228,  2.'->(! 
two  estates,  where  suit  is  to  redeem,  and  one  only  is  redeemable,  costs 

payable  by  plaiutill',  22."> 
And6C<;  MoKTCAcEi;. 

REFERENCE  as  to  title,  vr  Title. 

REFEKENCE,  in  administration  suit,  as  to  propriety  of  purch.aso  of  lands 
taken  compulsorily,  costs  of,  ordered  to  i>e  paid  by  the  company, 
292 

REGISTRAR  OF  TRADE  MARKS,  costs  of  appearance  of,  0  i 

REINVESTMENT,  in  land,  costs  of  service  of  petition  for,  ou  proposed 
vendor,  not  allowed  against  the  company,  298,  299 

RELATOR, 

information   tiled  witliout   the   authority   of   the,    though   afterwards 

assented  to,  taken  off  the  file  witli  costs  against  solicitor,  88.  208 
security  for  costs,  must  give,  if  iu  poverty,  1.") 
solicitor  and  client,  costs  as  between,  usually  allowed  to,  in  ch.aritj'  suits. 

and  in  special  cases  full  costs,  charges,  and  expenses,  20G,  207 
And  6CC  CuARiTv  Actions. 


968  INDEX   OF   MATTER. 

REMAINDERMEN, 

Lands  Clauses  Cousolidation  Act,  under,  where  costs  of  service  on,  of 
petition  of  tenant  for  life  for  investment,  allowed  against  the  company, 
294 

REPRESENTATION, 

deceased  co-plaintiff  of,  defendant  entitled  to,  121 
And  see  Administeation,  Letters  or. 

REPRESENTATIVE  CASES, 
costs  of,  278 

RESALE, 

costs  of  suit  for,  on  death  of  purchaser,  262 

purchaser  cannot  recover  costs  of  a,  from  original  vendor,  where  the 
title  is  bad,  381 

RESETTLEMENT, 

after  payment  of  purchase  monies  into  Court,  the  company  not  bound 
to  pay  the  costs  of  an  application  for  payment  of  dividends,  occa- 
sioned by  a,  299  ;  but  see  2SG,  n. 

RESIDUARY  LEGATEES, 

incumbering  their  shares,  costs,  187 

insolvent  estate,  entitled  to  costs  out  of  a,  231  ;  but  not  as  between 
solicitor  and  client,  202 

not  entitled  of  right  to  costs  as  between  solicitor  and  client,  190 

not  necessary  parties  to  creditor's  suit  where  there  is  a  trust  for  pay- 
ment of  debts,  118 

proving  their  titles,  costs  of,  how  to  be  borne,  186 

RESIDUE, 

aj^portionment  of  costs  between  different  portions  of,  166,  seq, 

meaning  of,  166 

real  estate,  of,  cannot  be,  176 

And  see  Administhation  of  Assets,  Real  Estate. 

RESPONDENT— /Sec  Appeal,  Petition. 

RETAINER— ^'ce  Solicitor. 

REVERSIONS,  ACTIONS  TO  SET  ASIDE  SALES,  &c.,  OF, 
assignees  of  the  property,  costs  of,  in,  250 
costs  of,  may  be  given  against  defendant,  if  he  has  refused  a  proper 

offer,  249,  250 
lapse  of  time,  wliere  suit  is  dismissed  on  the  grounds  of,  aloue,  no  costs, 

250 
redemption,  costs  of,  awarded  on  the  footing  of,  248,  249 

REVIVOR, 

costs,  for,  540,  541 

default  of,  in,  dismissal  of  suit,  82 — 84 

taxation  between  solicitor  and  client,  of  proceediugs  on,  477 

ROMILLY'S  (SIR  S.)  ACT, 

Court  may  dismiss  petition  under,  with  costs,  212 
And  see  Cuakitv  Actions. 


e^^J^^cic^^ Cf nJu-lT^  aii^uLJ  riiy(U-A£  e^*^^t^  /^>»-^  ^^er. 
INDEX   OF   M.VTTKU.  ^(d^l/SiffJ / f^  /^ 


RULE.S  OF  THE  SUPREME  COURT, 
Uiil.  11.  r.  '2-:W.  481 
Ord.  XV.  r.  1— 1».S 
Oril.  XVI.  r.  I— 11-2 

„     r.  8—14,  01,  3:)-2,  301 
„     r,  12^-1 '.to 
,,     r.  13-:W,  5-2 
,,     r.  18—110 
Onl.  XIX.  r.  2  -3<»,  484 

,,     r.  2<)r(  (Miirch,  IST!*),  478 
Oril.  XX.  r.  .3—104 
Old.  XXI.  r.  Ic— 112 
Old.  XXI 1.  r.  4—112 
Old.  XX 111.  r.  1—73,  75,  70 

,,     r.  2a — 73 
Ord.  XXVII.  r.  1—32,  34,  36,  38 
„     r.  2—32,  33 
„     r.  3-32,  33 
„     r.  4-33 
„     r.  5-33 
„     r.  6-33 
„     r.  11-32 
Ord.  XXVIII.  r.  2—20 
„     r.  0-27 
,,     r.  7-27 
„     r.  8-27 
,,     r.  9-27 
,,     r.  n— .30 
Ord.  XXIX.  r.  1— 5.") 

,,     r.  12—50 
Ord.  XXX.— r.  4-10.3.  104 
Ord.  XXXI.  r.  2—40,  484 
„     r.  5—38 
,,     r.  14—501 
,,     r.  20 — 55 
Ord.  XXXII.  r.  2—112 
Ord.  XXXIV.  r.  1—01 
„     r.  0-0 1 
,,     r.  7—01 
Ord.  XXXV.  r.  3—400,  514 
Ord.  XXXVI.  r.  4—50 

,,     r.  4(1 — 55,  50 
,,     r.  18-1:30 
,,     r.  19—130 
„     r.  20—89 
„     r.  21—90 
Ord.  XXXVII.  r.  1-41,  55 
r.  2 — 41 
„     r.  3—40 
,,     r.  3a— 40 
Ord.  XXXVIII.  r.  4-45 
Ord.  XLI.  A.  (Dec.  1879),  51 
Ord.  XLII.  r.  1-508 
,,     r.  5-431 
,,     r.  6—511 
.„     r.  7-514 
„     r.  8-514 
,,     r.  9—511 
,,     r.  10—511 
..     r.  11—512 


970  INDEX   OF   MATTER. 

RULES  OF  THE  SUPREME  COJJT.T— continued.     ■ 
Ord.  XLII.  r.  12— 512 
„     r.  13—512 
„     r.  14-512 

,,     r.  15rt  (April,  1880),  509,  515 
,,     r.  lG-512 
,,     r.  17—512 
,,     r.  18—513,  514 
,,     r.  19—513,  514 
,,     r.  20—431,  508 
,,     r,  21—513 
,,     r,  23—513 
,,     r.  24—513 
Ord.  XLIII.  rr.  1,  2—515 
Ord.  XLIV.  r.  1-528 

,,     r.  2—514,  528 
Ord.  XLY.  r.  2-509,  520 

,,  r.  10—522 
Ord.  XLVI.  r.  1—522 
Ord.  XLVII.  r.  1-519 

,,     r.  2  (April,  1880),  509,  515 
Ord.  L.  r.  1—83 
'       „     r.  2-342 
Ord.  LT.  CO 

„     r.  2((— 193 
Ord.  LIII.  V.  3—46 

Ord.  LV.  r.  1—2,  94,  101,  104,  105,  213,  221,  265,  312,  390 
,,     r.  2-20 
,,     r.  3—22 
Ord.  LVIII.  r.  5—144 
„     r.  6— 146 
„     r.  12-147 
„     r.  15—141 
Ord.  LIX.  r.  1—64 

,,     r.  2— .32,  64 
Ord.  LX.  A.  (Dec.  1879),  467 

RULES  OF  THE  SUPREME  COURT  (COSTS), 
Ord.  V.  r.  5—500 
,,     rr.  8,  9-472 
„     r.  12-472 
„     r.  13-472 
„     r.  14-500 
,,     r.  15—500 
Old.  VI.  332,  482,  575,  seq. 
Schedule,  r.  1—482 

r.  2-483 

r.  3—483 

r.  4-487 

r.  5—487 
,,         r,  6—500 
„        r.  7—500 
„        r.  8—42,  486,  487 
„         r.  9-503 

r.  10—140 
,,         r.  11—140 

r.  13—489 

r;  14—138,  496 

r.  15—501 


INDEX   OF    MAITEH.  071 

RULES  OF  THE  Sl'l'llEME  COURT  (COHTH)-ci>,itin,>cd. 
Schedule,  r.  lU— r>01 

r.  17     tl.S,  -Jiir.,  207 

r.  IS— .-{(;.  :vj,  71,  ii:{,  iio,  Mi,  4S-j 

r.  ID— ;{i;,  S'.),  ].•{•_',  477 

r.  -JO— ;iG,  lid 

r.  '21—0!),  l;!7 

r.  2-_'((-140 

V.  2;i-4()7 

r.  24     4(38 

r.  2.-)- 472 

r.  2(;— 483 

1.  27— 4C8 

r.  28— ;J,  {)-),  467 

r.  29— 4G8,  489 

r.  30-478 

r.  31—479 

r.  32—479 

r.  33—482 

r.  34—470 

"  RYDE'S  SCALE," 

commissiou  allowed  to  surveyors  according  to,  499 


SALE, 

costs  of,  how  to  be  borue,  and  in  what  order,  in  administration  suits, 

177,  199  ;  in  mortgagee's  suit,  224,  22(5 
costs  of  suit  for  a,  by  mcu'tgagee,  197,  22.j 
where  costs  are  charged  upon  an  estate,  Court  may  direct  a,  for  the 

IJurpose  of  raising  them,  in  the  case  of  infants,  177  ;  for  a  tenant 

tor  life,  542  ;  in  charity  suits,  212 
And  sf-e  Admimstkation  of  Assets,  Actioxs  for;    FnuEOLoscnE, 

Mortgagee, 

SALE  BY  THE  COURT— ,9rf-  Pihciiasek  under  Decree,  Title. 

SCALES  OF  COSTS, 

as  to  higher  and  lower,  57.'),  577 

SCANDALOUS  MATTER, 
affidavit  containing,  38 
application  to  strike  out,  how  made,  38 
costs  occasioned  by,  are  paiil  by  olfunding  parties,  30,  37 
costs  of,  generally  given  as  between  solicitor  and  client,  5,  37 
relevant  matter  cannot  be,  37 
striking  out,  38 

SCIENTIFIC  PERSONS, 

employed  to  assist  the  Court,  fees  to,  488 

SCOTLAND,  . 

judgment  of  Chancery  Division  for  payment  of  costs,  how  enforced  in, 

509 
security  for  costs,  resident  in,  need  not  give,  7 

SEAFARING  MAN, 

not  exempted  from  giving  security  for  costs,  9 


972  IKDEX   OF   MATTER. 

SECURITY, 

client,    given   by,    to   .solicitor,    whether    eqiiivaleut   to    paymeut   for 

purposes  of  taxation,  44S 
solicitor's  lieu  superseded  by  taking,  5G0 

SECURITY  FOR  COSTS, 

amliassador's  servant,  required  from,  but  sevihle,  not  ambassador  him- 
self, 10 
amend,  where  leave  given  to,  by  leaving  out  co-plaintiffs,  required,  17 
amount  and  form  of,  "20,  21 
application  for,  may  be  made  at  any  time,  20 
assignees  of  bankrupt   made  defendants   by  supplemental   bill  might 

require,  though  bankrupt  had  obtained,  22 
boud  for,  how,  and  to  whom  to  be  giveu,  22- 
Couveyaucing  Act,  1881,  under,  25 
counter  claim,  in  cases  where,  19 

County  Court,  in  place  of  remitting  to,  2-4  ;  on  transfer  from,  25 
cross  suit,  plaintiff  in,  exempted  from  giving,  18,  but  not  as  against 

defendants  not  parties  to  original  suit,  19 ;  what  suits  within  the 

rule,  19 
Declaration  of  Titles  Act,  1862,  under,  25 
default,  where  plaintiff"  makes,  iu  giving,  practice,  23,  24 
defendaats,   where  required  from,   IS ;   each  of,   entitled   to   separate 

security,  where,  22 
demur,  defendant  may,  without  prejudice  to  his  right  to,  23 
executors,  &c.,  resident  abroad  must  give,  9 

foreigner  temporarily  residing  in  this  country',  not  required  from,  9 
insolvent  must  give,  15 
Ireland,  resident  in,  not  re(]uired  from,  7 
Life  Assurance  Companies  Act.  1870,  under,  17 
limited  company,  where  and  what  required  from,  15—17,  21 
married  woman  may  sue  without,  when,  361 
money,  i^laintiff  may  pay,  into  Court,  instead  of  giving,  21 
next  friend  of  married  woman,  where  required  from,  11 — 13,  365:  of 

infants,  ib.  :  of  married  woman  or  infants,  changed,  what,  and  where 

required  from  former  one,  13 
order  for,  discharged  on  plaintiff'  coming  within  the  jurisdiction,  10 ; 

how  obtained,  22,  23  ;  form  of,  20  ;  effect  of,  23 
past  costs,  may  extend  to,  21 
peer  resident  abroad,  required  from,  9 

petitioner,  where  re(|uired  from,  17  ;  for  taxation,  \vliat,  IS 
plaintiff  out  of  the  jurisdiction,  where  required  from,  7 — 10  ;  intending 

to  go  abroad,   not,  8  ;  mis-de.scribed,  where,  10,  11  ;  keeping  out  of 

the  way,  or  who  cannot  be  found,  10,  11  ;  changing  his  abode,  11 
poverty,  on  account  of,  not  iu  general  required  from  plaintiff",  14  ;  from 

next  friend  of  married  woman,   11 — 13;  from  relator  in  a  charity 

suit,  15 
public  service,  plaintiff'  abroad  on  the,  not  required  from,  8 
recovery  of  land,  iu  actions  for,  25 
Scotland,  resident  in,  not  required  from.  7 
seafaring  man,  no  exemption  in  favour  of.  9 
solicitor,  undertaking  by,  not  sufficient,  22 
solicitors,  defendant  should  communicate  with,  before  applying  for,  if 

plaintiff  cannot  be  found,  1 1 
sureties  for,  who  may  he,  22  ;  dying  or  becoming  bankrupt,  practice, 

transfer  of  actions,  on,  25 

trustee,  where  obtained  by,  from  cestuis  que  trust,  IS 

And  see  Appeal. 


INDEX   OF   MATTER.  073 

SEQUESTRA L'f  FACIAS  DE  BOXIS  ECCLESIASTfCIS, 
cousolidatcd  onlcrs  related  to  writs  of,  518 

SEQUESTRATION, 
costs  of,  520 

costs,  for,  caunnt  be  issued  without  leave,  r»l!) 
execution  by,  51!),  5"20 
property  liable  to,  what,  519,  520 

SERJEANT  AT  ARMS, 

allowing  prisoner  to  escajie,  order  for  a  second,  may  be  hail,  531 
order  for  a,  in  what  case  obtained,  5S(»-5.S2  ;  not  discharged  without 
pajMuent  of  the  fees  of  the,  5.'?1 

SERVICE,  of  decree  or  order  for  costs,  not  necessary  before  iisuiug/. /«. 
515 

SET  OFF, 

administration  actions,  in,  of  costs  awarde<l  to  debtors  to  the  estate,  100, 

19]  ;    where,  of  costs  of  bankrupt  executor.  /'».,  'M2 
bankruptcy,  in,  none  of  untaxed  costs  against  debts,  34.3 
contempt,  person  in,  may  move  for  a,  of  costs.  532 
costs,  of,  against  costs,  or  against  money  payable  under  the  same  order, 

1.32,  133,  210,  477  ;  or  under  dilVcrcnt  orders  in  tliu  .same  suit,  1.3.3  ; 

or  in  two  suits,  134  ;  but  not  of  costs  in  equity  against  costs  at  law, 

ib.  ;  nor  of  costs  in  the  High  Court  against  costs  in  bankruptcy,  ih.  ; 

nor  where  proceedings  are  separate,  ib. 
interpleader  suits,  in,  21!) 
solicitor's  lien  does  not  interfere  with  any  right  of,  between  the  parties, 

133 
unascertained  amount,  none  of  costs  against  a  sura  due  on  an,  133 

SETTLED  ESTATES  ACT,  1877, 
costs  under,  3.30 — 332 

SETTLED  FUND, 

whether  trustee  entitled  to  pay  a,  into  court,  318 

SETTLEMENT, 

solicitor's  lien  on  a,  for  costs  of  preparing  it,  .).)2 

SETTLEMENT,  EQUITY  TO  A.— .Sec  Makkikd  Womav. 

SETTLEMENT,  FRAUDULENT, 

costs  of  suit  to  set  aside,  by  assignees  or  trustees  in  bankruptcy,  .^>!i, 
3!)() ;  by  purchaser,  ///. 

SEVERING, 

husband  and  wife,  1 25 

mortgagor  and  mortgagee,  125 

parties  in  the  same  interest,  124,  sc'i. 

residence  in  distant  parts  of  the  countrj',  where  a  suHicicnt  reason  for 

125 

trustees,  and  other  persons  having  a  joint  fiduciary  interest,  125,  403 
ti-ustee  and  ce.'<lim  que  trust,  125,  126 

SHERIFF, 

attachment,  improper,  by,  ,>9  . 

bail,  improperly  taking,  under  an  attachment,  .•.3.>  ;  tailing  to  make  a 
return  to  a,,ji./a.,  .59 


974  INDEX    OF    MATTER. 

SRERlFV—continufd. 

lettiug  prisoners  go,  or  disobeying  writ  of  habeas  corpus,  or  making  no 

return,   may  be  committed,   535  ;   or   may  be  made  answerable   in 

damages,  58,  59,  535 
poundage,  when  entitled  to,  516 

SHORT  CAUSE, 

struck  out  of  the  paper,  in  what  case  defendants  entitled  to  costs  of  the 
day,  90 

SHORTHAND  NOTES, 

where  costs  of,  allowed  on  taxatiou,  147,  497,  scfj. 

SITTINGS  FEE, 

solicitor  entitled  to  charge,  501 

SOLICITOR, 

account,  client  may  sue  for  an,  against  a,  457  ;  costs,  162,  50C  ;  but  not 

solicitor  against  client,  548 
action  by,  against  client,  costs  of,  506  ;  brought  after  order  for  taxation 

is  a  contempt,  548 
agent,  not  being  a,  disallowed  all  items  except  disbursements,  127,  475 
agreement  of,  with  client,  taxing  master  may  have  regard  to,  but  a 

special  application  to  tax  proper  in  case  of  an,  439 
agreement  with,  to  allow  interest  on  untaxed  bills  of  costs,  550 
And  see  Solicitor  and  Client,  ACxReements  Between. 
attachment,  where  liable  to,  527,  529,  530 
bankrupt,  liability  of  assignees  of,  for  costs  of  taxatiou,  507 
blunder,  cannot  be  made  to  pay  costs  of  suit  occasioued  by  a,  385 
cesfuls  que  trust,  of,  and  trustee,  extent  of  lieu  as  between,  555 
character,   is  entitled  to  appear  and  defend  his,   as  an  officer  of  the 

Court,  38 
change  of,  423,  556 
company,  of  a,  being  wound  up,  disallowed  costs  of  business  xlfra  vires 

of  company,  out  of  assets,   279,  280,   391  ;  right  of,  to  retain  papers 

against  official  liquidator,  558 
conhrmation  liy  client,  suit  to  set  aside  a  sale  to,  dismissed  without 

costs  on  the  ground  of,  386 
consultation,  no  charge  for  attendance  at  a,  alloAved  to,  Avhere  no  fee  is 

paid  to  counsel,  495 
costs  of  suit  against  a,  385  seq. 
custody,  in,  for  debt,  incapable  of  practising,  aud  considered  as  having 

discharged  himself,  559 
death  of,  422 

deceased,  liability  of  representatives  of,  for  costs  of  taxatiou,  507 
delivery  up  of  pajiers  by,  costs  of  motion  for,  54 
discharge  of,  bj'  client,  what  is  a,  556  seq.  ;  by  himself,  559 
fees  to,  rules  aud  regidatious  as  to,  A^jp.  I. 
fraud,  may  be  made  a  party  to  a  suit,  in  case  of,  for  mere  purpose  of 

prayiug  costs  against  liim,   385,   386  ;  charged  with,   refused  costs 

though  suit  dismissed,   where,   106,   107,   385,  386;  bill  of  costs  of, 

may  always  be  opened  in  case  of,  456 
fund,  costs  payable  out  of  a,  ordered  to  be  paid  to  the,  directly,  5,  127  ; 

and  see  Solicitor's  Lien. 
improper  agreement  nnder  Attornies  and  SoKcitors'  Act,  1870,  420 
incapacity  of,  422 

indemnity  against  costs,  giving  his  client,  88,  89 
interest,  where  chargcalde  with  and  allowed,  442,  550  ;  on  bills  of  costs, 

where  recoverable  liy,  549 
interpleader  suit,  in,  ordered  to  i)ay  costs  in  case  of  collusion,  220 


1N1>J;X    "1     MATTKU.  •' <  "^ 

^'*^l!il.sc^f'timu,  'hi'at  iigaiust  a,  cUamisscd  on  grounds  of,  ulono,  witli.Mil 
costs,  3b<) 
lieu  of,  N'"'  ^^UI.UITOU'S   LlKN.  f  , 

man-ica  woman,  of,  liability  of  separate  estate  to,  .»0<  ;  to  be  cnluree-l 

by  suit,  548  ,     < ,  , 

mouies  out  of  poeket,  entitled  to  be  allowed,  44'- 

monies  paid  to,  by  elient,  for  spccilic  purpose,  to  be  considered  «ith 

refereucc  to  costs  of  taxation,  'ii)-> 
mortKagee,  costs  of  preparing  mortgage  .Iced  not  covered  by  sceunty  to, 

•"7   2S8  ;  acting  tor  himself,  not  allowed  profit  costs  against  mort- 

gaf'or   890;  taxation  how  directed  in  that  case,  >''. 
mortgagee's,  and  mortgagor,  extent  of  hen  as  between,  i)o4 
negligence,  how  made'responsiblc  for,  :!..4  ;  a  good  '^^^^-'-«    o  ^^ -- 

bv  a,  as  a  creditor  in  adn.inistrati.m  suit,  ,/-.  ;  canm-t  coi  t.act  J.ini- 

self  out  of  his  liability  for,  by  any  agreement   under  Attormes  an.l 

•       J^^in.'^^'io^r  onel^'purcs  no  lien.  .5..  504  ;  has  priority  of 
lien  on  funds  over  former  one,  .)G4 
next  friend,  of,  may  have  a  charge  on  the  property  recovered  under 

•'>:i  &  "24  Vict.  c.  1"27,  :^">:!  . 

non-attendance  or  neglect  of,  in  chambers,  costs  occasioned  by,  how  to 

be  borne,  140  _  ^ 

non-payment  of  costs  by,  .V27,  ">20,  .).M) 
offer  by,  to  pay  disputed  items,  etlect  of,  on  t/vxatiou   4..ti 
opening  of  agreement  under  Attornies  and  Solicitors  Act,  lb<0,  421 
muuer?  of,  to  take  no  remuneration,  .i74  ,    .  _ 

payment  by  client  to,  of  amount  of  bills  of  cost.,  how  enforced,  ,A,- 

573  •  of  a  gross  sum,  efTect  of,  on  right  to  taxation.  448 
personklly  liable  for  costs,  of  proceedings  inst.tutcd  -.thout  authontj 
8G-88,  :i'.)l),  :m  ;  where  proceedings  are  irregular   (.1,  -Wl  ,  or  arc 
not  l.'nd   //:/.-,  m  ;  in  cases  of  malfeasance  by,  :f  ^ ;  P  ^^^^''-^.^i^Vn ' 
3n-i-  of  ne<dif'euce,  14(1,  393,  394  ;  on  personal  undertaking,  MA,  o.».. , 
or   where°the    solicitor    has    guaranteed   his   client  again.t   cosU. 

88,  89,  395  .    .     tin      n 

nrpssure  bv   on  client,  what  amounts  to,  449,  v^. 
rrchaser,^disclaiming   to   hohl   as,   and  claiming  only  as    mortgagee, 

allowed  costs  from  date  of  the  answer,  381.  ..^^;,i 

refusing'to  consent  to  conmion  order  for  taxation,  pays  costs  of  sih^cuI 

application,  438 
remuneration  of.  agreement  as  to    *' '-  i'^^'^-*  ,  ,      ,    recovered 

retainer,  acting  without  a,  may  have  his  costa  out  of  funds  reco>ereci, 

reSner  of   what  is  sufficient,  89  ;  eflect  of  .lissolution  of  i««-tnership 
on"387  ;'  ILu.g  ma..ter  canu-t  go  into  .,nest.ou  of,  under  common 

re?ainc;b5'%f  amount  of  bill,  m.t  equivalent  to  payment,  as  respects 

.eSllta^iU  b;!'a;^c;;^yuient,  effect  of,  ,on  nght  to  taxatiou,  450 

vptirinf  from  suit,  postponed  to  successor,  1-/,  .>0* 

sfcun1^%Xther'  LiviJg  to,  is  equivalent  to  payment  for  purposes  of 

taxation.  448 
security  for  future  costs,  may  take,  4-.1 

several  defendants,  api>earing  for,  rule  as  to  costs  of,  I2(,,  1...  4.(, 
term  fee. -.NVtSiTTi.N.:sl<EE  :,(i>   .503  ;  on  wh.it 

travelling  expenses,  where  allow eil  to  a,  J,.',  ■*/.-..-, 


976  INDEX    OF   MATTER. 

SOLlClTO'R—contimied. 

coustructive  trustees,  387  ;  or  where  solicitor  is  a  member  of  a  firm, 
ill.  ;  but  be  may  employ  bis  partner,  ib. ;  and  allowed  the  expenses  of 
a  town  agent,  388  ;  acting  for  himself  and  co-trustees,  where  allowed 
profit  costs,  388  ;  acting  for  crsftiiti  que  (riiyf,  888;  may  make  special 
contract  for  costs,  389  ;  what  words  sufficient  to  give  full  costs  to, 
389  ;  or  Couit  may  give  remuneration  to  a,  390 

trustees,  of,  has  no  lieu  on  trust  property,  367  ;  but  may  have  on  papers 
to  extent  of  trustees"  lien  on  the  funds,  555 

undertaking  by,  for  payment  of  costs,  394  ;  how  enforced,  395  ;  not  a 
sufficient  security  for  costs,  22  ;  to  refund,  at  time  of  payment, 
effect  of,  on  right  to  taxation,  456 

unprofessional  items,  where  entitled  to  credit  for,  442  ;  not  to  be  taken 
into  account  with  reference  to  costs  of  taxation,  505 

unqualified,  cannot  recover  costs,  566  ;  nor  can  his  client,  ib. 

And  sec  Bills  of  Costs,  Solicitors,  Taxation. 

SOLICITOR  TO  THE  SUITORS'  FUND, 

guardian  ck!  litem  to  infant  or  lunatic,  costs  of,  how  to  be  borne,  343  ; 

cannot  be  paid  out  of  the  Suitors"  Fee  Fund,  344 
prison,  to  visit  quarterly,  and  report  to  the  Lord  Chancellor,  376 
several  capacities,  appearing  in  the  same  suit  in,  entitled  to  full  costs, 

127,  344 
And  see  Suitors'  Fee  Fund. 

SOLICITOR  TO  THE  TREASURY, 

administration,  taking  out,  on  behalf  of  the  Crown,  costs  of,  33S  ;  where 

letters  of  administration  are  revoked,  ib. 
appealing  unsuccessfully  against  a  decree  finding  certain  persons  to  be 

next  of  kin,  cannot  have  costs,  338 
corporation  sole,  is  a,  339 

SOLICITOR  AND  CLIENT,  AGREEMENTS  BETWEEN, 

Attornies  and  Solicitors'  Act,  1870,  under,  417 — 423;  amount  of  remu- 
neration may  be  fixed  by  agreement,  417,  418  ;  amount  not  to  be  paid 
till  allowed  by  taxing  officer,  418  ;  "client,"  meaning  of,  ih.  ;  "agree- 
ment in  writing,"  meaning  of,  418,  419  ;  saving  of  interest  of  third 
parties,  419;  further  claims  excluded,  'ib.;  reservation  of  responsibility 
for  negligence,  ib.  ;  examination  and  enforcement  of  agreements,  419, 

420  ;  improper,  may  be  set  aside,   420 ;  may  be  re-opened,  where, 

421  ;  stipulations  prohibited,  what,  422  ;  Act  not  to  give  validity  to 
contracts,  &c.,  void  in  bankruptcy,  ib.  ;  provision  in  case  of  death 
or  incapacity  of  solicitor,  ib.  ;  change  of  solicitor  after  agreement, 
423  ;  exemption  from  taxation,  ib.  ;  security  may  be  taken  for  future 

costs,   ib. 

costs,  as  to,  former  rule,  41" 

may  amount  to  champerty,  422 

not  to  charge  anything  for  costs,  419,  422 

Solicitors"  Eemuneration  Act,  1881,  under,  423 — 425 

SOLICITOR  AND  CLIENT,  COSTS  AS  BETWEEN, 

charity  cases,  frequently  allowed  in,  but  no  rule  to  that  effect,  206,  350  ; 

usually  allowed  to  relator,  2U6 
creditor's  suit,  where  plaintiff  in  a,  entitled  to,  202 
definition  of,  4 
difference  between,  and  costs  as  between  party  and  party  in  an  action, 

cannot  be  given  as  damages  in  the  same  action,  5 
executors,  &c.,  allowed,  where,  5,  178,  179,  398 
heir-at-law,  allowed  to,  where  real  estate  exhausted  by  creditors,  200 


IXltKX    or    MATTKH.  977 

SOLICITOR  AND  CLIENT,  COSTS  AS  liKTWEEN -<"„^//,.cr/. 

husband,  bankrupt,  have  bceu  allowcil  to,  in  suit  bi-twccu  wife  aud 

assignees,  ;{(iS 
interpleader  suit,  not  aHowcil  to  plaintitV  in  an,  'J"JI 
legatee's  suit,  wlicre  plaintilViu  a,  entitled  to,  "JUl 
Merchandise  Marks  Act,  lS()-2,  uuder  the,  24(j,  //. 
jnotion  to  commit  lor  contempt,  on,  '>S 
next  friend  of  infant,  allowed  to,  tlmugh  uot  of  right,  Xui 
Patent  Law  Amendment  Act,  IS.VJ,  uuder  the,  24"),  '2\H 
residuary  legatees  uot  entitled  to.  1!)0;  though  estate  is  insolvent,  '02 
scandal,  awarded  in  cases  of,  .">,  lid-    :W,  !»0  .         .       ,  .    cq 

solicitor  to  pay,  where  proceedings  taken  without  authority,  iU,  SO,  88 
suit    of,  did  not  include  costs  of  rehcariugs,  404 
trustee  entitled  to,  a,  :i\)S  ;  though  a  bankrupt,  342,  39:)  ;  or  Eomctimea 

where  dismissed  with  costs,  402  ;  but  uot  uuder  a  void  instrument,  31(9 
uusucccssful  party  cannot  iu  geueral  be  ordered  to  pay,  90  ;  .nc(w,  as  to 

costs  of  trustees,  402 

SOLICITORS  LIEN,  i      .    f    f   -.-i  • 

funds    or  costs  recovered  in  the  :<uit,  on,  uature  and  extent  ot,  .)i)l  , 

how  enforced,  ib.  ;  priority  of,  M-2  ;  not  allowed  to  interfere  with  a 

compromise  or  set-ott;  502,  5(53  ;  solicitor  may  have,  though  acting 

without  a  retainer,   391,   504  ;  not  discharged   by  taking  client   lu 

executiou,  504  ;  nor  by  clients  death,   505  i   etlect  of  discharge  or 

retirement  of  solicitor  on,  504  __      __      ._ 

nailers  of  the  client,  on  the,  uature  aud  extent  of,  ool,  o.)2,  oo.i ;  may 

be  assigued,   553;   a-ainst  whom  valid,  553  srq.  ;  does  not  protect 

solicitor  from  production   of  a  deed  as  witness,   4..,  .)..!  ;   etlect  ot 

change  of  solicitors  ou,  550  sr^.  ;   of  .lissolution  of  i-artuerslnp   or 

alterations  in  the  firm,  559  ;  superseded  by  express  security,   .j(.0  ; 

where  production  iu  a  suit  may  be  enforced,  notwithstanding  the, 

557  scq. 

real  estate,  none  ou,  501 

dissolutiou  of  partnership  between,  a  discharge  of  client,  559  ;  cfVect  of, 

ou  retainer,  387  ;  on  lien,  559 
firm  of,  how  costs  directed  to  be  jtaid  to  a,  1:./,  1-8 
firms  of,  two,  may  arrange  for  conduct  of  each  other  s  trust  business,  38 < 
geueral  jurisilictiou  of  the  Court  over,  394 
And  see  Solicitor. 

SOLICITORS'  REMUNERATION  ACT,  18S1,  423-425 

SPECIAL  CASE,  costs  of,  how  to  be  borne,  91-93  ;  a  question  tVc'iuently 
disked  as  to  the,  91  ;  or  the  costs  arc  arranged,  ,b.  ;  otherwise  costa 
are  iu  the  discretion  of  the  Court,  (/'. 

SPECIFIC  PERFORMANCE,  ACTIONS  FOR, 
"""^    compensation,  where  specific  performance  ^^ith,  is  sought    -o^^  J 
contract,  where  the  question  is  one  atrecting  t^'^'  ;;f  •  "f  /  ^^,*^,^,"  H 

]>e  dismissed,  aud  with  costs,  on  grounds  "«t  sufhcient  to  ca,Kcl  tl  c 

aLrreemeut  258  ;  person  uot  a  party  to  the,  not  a  proper  pai   v  to,  J.3  . 

pStTfrcaunotiitro^  t>'«-  t''°"«>'  ^""'"^^ 

couve?r;S,  where  there  is  a  fair  doubt  on  a  point  of,  no  costs.  251 
deducting  costs  of,  from  purchasc-niouey,  -<.4  clcDosit 

deposit  ctnuot  be  set  olV  against  costs,  but  refusal  to  return  the  deposit 

may  affect  the  costs,  203 


S78  INDEX    OF   MATTEPx, 

SPECIFIC  PErvFOEMAXCE,  ACTIONS  YOB.— co)it!nued. 

interest,  where  tlic  (^uestiou  is  as  to  the  payment  of,  costs,  201,  262 

objectious  to  title  argued  in  chambers  and  afterwards  abandoned,  costs 
of,  how  to  he  borne,  2r)2 

objection  to  title  taken  late  in  the  suit,  costs  where,  256 

occasioned  by  vendor  d^'iug  intestate  leaviug  an  infant  heir,  costs  of, 
how  to  be  borne,  261  ;  or  becoming  lunatic,  ib.  ;  or  devising  to  an 
infant.  201,  262;  are  "costs  occasioned  by  adverse  litigation,' 
2(i:],  285,  n. 

parol  agreement,  defendant  disallowed  costs  of  setting  up  the  vStatute 
of  Frauds  to  a,  where,  200 

parol  evidence,  admitted  in  opposition  to  specific  performance,  259  ;  if 
decree  is  made  according  to  the,  introduced  by  defendant,  the  plaintiti 
jDays  costs,  259 

possession,  purchaser  taking,  waives  the  title,  where,  257 

principle  of,  as  to  costs,  wliere  applicable  to  a  special  case,  92 

public  company  not  entitled  to  costs  of,  where  they  might  have  pro- 
ceeded under  their  Act,  203 

purchaser,  waiving  objectious,  where  charged  with  costs  of  investigation 
of  title  in,  253 

purchaser's  action,  where  vendor  has  no  title,  dismissed  without  costs,  253 

third  party,  in  a  case  of  a  claim  by  a,  no  costs,  252  ;  ^^•here  concurrence 
of  a,  is  recpiired  to  make  a  good  title,  253 

title,  where  i[uestion  is  oue  of,  and  title  is  good,  costs,  250,  251  ;  where 
title  is  V)ad  or  doubtful,  251  Acy.  ;  but  defect  is  known  to  the  pur- 
chaser before  suit,  253 

title  deeds,  where  the,  are  burnt  before  the  title  is  accepted,  vendor's 
suit,  dismissed  with  costs,  252 

trustee  for  vendor,  refusing  to  convey,  costs  of,  263 

vendor  pays  costs  of,  up  to  time  when  a  good  title  is  first  shown,  except 
those  occasioned  l)y  })urchaser's  unsuccessful  objections,  254  ;  excep- 
tions to  the  rule,  255  fn-q.  ;  and  vendor  may  have  all  the  costs,  though 
inquiry  directed  when  a  good  title  lirst  sliown,  257 

undervalue,  Avithout  fraud,  contract  executed  without  costs  in  case  of, 
258 

waiver  of  title,  plaiutifF  imsucccssfully  insisting  on,  but  having  good 
title,  no  costs,  257 

And  .SYV:  PrKCH.NSKK. 

SPOLIATION  OF  WILL,  heir  pays  costs  where  guilty  of,  315 

STAKEHOLDER,  costs  of  defendant  in  position  of  a.  221 

litigating  with  rival  claimants  separately,  may  lose  his  right  to  costs, 
219 

STAMP,  apportionment  of,  between  dill'ercnt  companies,  300 

STAMP  FEE,   whether  the,    can  be  remitted  on  order  to  sue  iti  Jo  mid 
paiqKris,  375 

STATEMENT  OF  CLAIM,  nunecessary,  costs,  112 

STATUTE  OF  LIMITATIONS,  when  it  begins  to  run  against  solicitor  in 
respect  of  his  claim  for  costs,  573 

STATUTES, 

6  Ed.  ]  (Statute  of  (iloucester),  1 

11  Hen.  7,  c.  12  (Paupers),  371 

23  Hen.  8,  c.  15  (Costs),  371 

4  Anne,  c.  16  (Costs  of  Bill  dismisscd"1,  75 

2  Oeo.  2,  c.  23  (Attornies  and  Solicitors),  429 


r.  ci-  (i  Will. 

4, 

1  &  2  Vict. 

c. 

•2  &  :^  Vict. 

c. 

3  &  -t  Vict. 

c. 

,, 

c. 

U  &  7  Vict. 

c. 

8  &  !)  Vict. 

0. 

,  , 

c. 

IKDEX    OF   MATTER.  I'/!) 

STATUTES  -WH//«  itrd. 

40  Geo.  3,  c.  ."(i  (IJank  of  Tln^lands  340 

5-2  fico.  3,  c.  101  (Sir  .S.   lloiniUv's  Act), '20."),  212,  nCM") 

r)3  (Jeo.  3,  c.  101  (  IkMllonl  (  hiirity  Act),  213 

57  Cilco.  3,  0.  20  (Metropolitan  I'aviiig  Act>,  304 

(5  Ceo.  4,  c.  74  (Kei)ealeil  Trustee  Act),  340 

7  Geo.  4,  c.  40  (-nanks),  r)14 

11  Geo.  4  &  1  Will.  4.  c.  30  (Sir  E.  Sngdeu's  Contempt  Act),  372,  .J.34 

3  &  4  Will.  4,  c.  00  l<,)ucen'.s  Kenicnihrancer),  r)44,  7i. 

' ,  c.  70  (Municipal  Corporations  Act),  210,  523 

110  (.lu.lgincnts),  72,  r)17,  .122.  538,  548,  549 

54  (Custody  of  Infants),  305 

82  (Jud-nients),  522 

87  (Public  Works),  302 

73— .SVr'  Attorniks  .vnd  SoLicrnuts  Act,  1843 

10  (Com])anies  Clauses  Consolidation),  514 

18  (Lands  Clauses  Consolidation  Act,  1845),  281—310 

9  &  10  Vict.  c.  34  (Public  Works^  :;02 
,,  c.  35  (County  Courts  i,  25 

10  &  II  Vict.  c.  90  (Trustee  Pelicf  Act\  311-323,  301,  415 
13  &  14  Vict.  c.  35  (Sir  Geo.  Turners  Act),  91,  92,  121 

0.  60  (Trustee  Act,  1850),  324—328,  3G1,  415 
15  &  16  Vict.  c.  54  (County  Courts),  105 

,,  c.  oo  (Trustee  Act,  1852),  32C  -328,  361,  415 

80  (Masters  in  Chancery  Al)olition  Act\  488 
83  (Patent  Law  Amendment  Act,  1852),  245 
86  (Improvement  of  Jurisdiction  of  P^piity),  165,  189, 

304 
125  (C.  L.  P.  Act,  1854),  25 
IS  &  19  A'ict.  c.  90  (Costs  of  the  Crown),  204,  336 

19  &  20  Vict.  c.  97  (Mercantile  Law  Amendment  Act),  407 
c.  108  (County  Courts),  25 

,,  c.  120  (Leases  and  Sales  of  Settled  Estates),  331 

20  &  21  Vict.  c.  14  (Limited  Liability),  10 
,,  c.  85  (I)ivorce  Act),  303 

22  &  23  Vict.  c.  35  (Law  of  Property  Amendmeut),  328,  332,  398 

23  &  24  Vict   c.  34  (Petitions  of  Pight.i,  ."39 
,,            c.  127  (Attornies  and  Solicito;^).  35.3,  367,  5.39,  550,  567 
,,            c.  149  (Pr'souf^'s  in  Contempt),  .370 

24  &  25  Vict.  c.  1.34  (IJankruptcy  Act,  lS(ih,  441 

25  &  26  Vict.  0.  42  (('hancery  Regulation  Act,  1862),  1(K» 
„           c.  67  (Declaration  of    Titles  Act,  1862),  25,  329 

c.  89  (Companies  Act,  1862),  15,  26.">,  27<»,  274,  270,  277, 
279 

27  &  28  Vict.  c.  45  (Settled  Estates i,  331 
,,  c.  1 12  (.ludgmcnt  Law  Ananduieiit  Act,  1864),  517 

28  &  29  Vict.  c.  !I5  (County  Courts  Act,  lS(i5).  25 

30  &  31  A'ict.  c.  131  (Companies  Act.  1SC)7).  2S0,  2M 
,,  c.  142  (County  Courts  Act.  1867t,  s.  5     2  ;  s.  1(1-24 

31  Vict.  c.  4  (Sales  of  Reversions  Act),  249 
31  &  32  Vict.  c.  4<l  (Partition  Act.  1 80S),  240,  243 

,,  c.  .")4  i.ludgments  Extension  Act,  1S08),  7,  .">09 

,,  c.  125  (Parliamentary  Elections  Act,  ISOS  .  ."»<»3 

3''  &  33  Vict   c.  18  (Lands  Clauses" Con.'^olidation  Act.  18r>9),  461 

c.  02  ( I  tcbtors  Act,  IS09',  .".2:?,  .'.25.  .V27.  .V2S,  .-.:{it,  ."4.-., 

.-.40 
c.  71  (P.ankruptcy  Aet,  lS69  .  4.".,  391 
„  c.  91  i Courts  of  .Justice  .Salaries  .and  Funds  ,  .377 

„  c.  1 14  (Railways  Abandonment  Act,  1869),  :i29 

3  i:  2 


>> 
)> 

c. 
c. 
c. 

17 

&  18  Vict. 

c. 

980  INDEX    OF    MATTEll. 

STATUTES— cort/uii^ct?. 

33  &  34  Vict.  c.  23  (Criminal  Law),  41 G 

c.  28  (Attornies  and  Solicitors  Act,  1870),  394,  417—423, 
442,  477,  540,  550 
,,  c.  61  (Life  Assurance  Companies  Act,  1870),  17 

c.  71  (National  Debt  Act,  1870),  329 
,,  c.  93  (Married  Women's  Property  Act,  1870),  363 

,,  c.  104  (Companies  Arraiigemert  Act,  1870),  281 

36  &  37  Vict.  c.  12  (Custody  of  Infants),  365 

c.  66  (.Judicature  Act,  1873),  s.  16—437  ;  s.  25—199,  317, 
318 
„  „     s.  49—157,  158  ;  s.  56—499  ;  s.  67—2,  3,  25 

„     s.  76—7;  s.  87— 426 

37  &  38  Vict.  c.  50  (Married  Women's  Property  Act  Amendment  Act, 

1874),  363 
,,  c.  68  (Solicitors  Act,  1874),  566 

c.  78  (Vendor  and  Purchaser  Act,  1874),  329 

38  &  39  Vict.  c.  77  (Judicature- Act,  1875),  s.  10—199,  267,  398  ;  s.  14— 

426  ;  s.  33—2 
c.  79  (The  Legal  Practitioners  A.ct,  1875),  436,  547 
,,  c.  87  (Land  Transfer  Act,  1875),  330 

39  &  40  Vict.  c.  17  (Partition  Act,  1876),  243 

,,  c.  IS  (Treasury  Solicitor),  339 

c.  59  (Appellate  .Jurisdiction  Act,  1876),  150 

40  &  41  Vict.  c.  18  (Settled  Estates  Act,  1877),  330 

41  &  42  Vict.  c.  54  (Debtors  Act,  1878),  528,  533 

43  Vict.  0.  18  (Parliament,  Corrupt  Practices,  &c.).  503 

44  &  45  Vict.  c.  41  (Conveyancing  Act,  1881),  25,  332 

,,  c.  44  (Solicitors'  Eemuueratiou  Act,  1881),  417,  424,  425 

STAYING  PROCEEDINGS, 

contempt,  till  plaintiff  in,  clear  liis,  532,  537 

creditor's  action,  in  an,  after  an  administration  decree,  192  —  196  ;  after 
commencement  of  winding-up,  272,  273 

decree,  under  the,  pending  appeal,  costs  of  motion  for,  53 

infant's  suit,  in  an,  where  two  are  instituted,  356 

legatee's  suit,  in  a,  after  an  administration  decree,  196 

payment  of  costs,  for,  pending  appeal,  509 

second  suit,  in  a,  until  costs  in  first  suit  are  paid,  377,  536  scq.  ;  suit 
must  be  for  the  same  matters,  536  ;  what  persons  within  the  rule, 
536,  537  ;  costs  must  be  taxed  befoi-e  the  motion  is  made,  537 

suit,  in  a,  where  plaintifi's  demand  is  satisfied,  84  scq. 

STEWARD  OF  A  MANOR, 

solicitor  has  no  lien  on  papers  delivo'cd  to  him  as  a,  552  ;  fees  of  soli- 
citor who  acts  as,  where  taxable,  427 

STOP  ORDER, 

chambers,  should  be  ol)taiued  in,  72 

defendant  dismissed  with  costs  cannot  obtain  a,  on  funds  in  the  suit 
523 

incumbianccr,  where  allowed  costs  of  obtaining,  72 

interim,  may  be  obtained  on  stock,  &c.,  in  court,  where  party  has  ob- 
tained a  charging  order  for  costs,  522 

petition  for,  costs  of  will  not  be  allowed,  72 

trustees  served  witli  iDetition  for  a,  costs  of,  318 

SUBMORTGAGEES.— SVc  Assignees. 


INDRX    or    MATIKK.  <J8 1 

SUBSALE.— .?«•/■  Eksat.e. 

srBsci{ii''ri()N, 

what  siiliuuoiit  to  a  solicitor's  Mil  of  costs,  4"2S,  ,i. 

towards  a  pauper's  co.its,  not  a  ^muinl  fur  ilisjiaiipcriii!,',  W,  \ 

SUITORS'  FEE  FUND, 

(lisbiirsemoiits  on  behalf  of  a  dufeiulant,  or  jtrisoiicr,  to  whom  solicitor 
uiul  couusel  have  been  assigned,  may  lie  m.ule  out  of  the,   .'{TO  ;  pro- 
visions for  reimbursement  of  the,  .S77 
guardian  ad  lilcin,  costs  of,  cannot  be  paid  out  of  the,  .T14 
pauper's  costs  of  contempt  may  be  paid  out  of  the,  ,'?7(i 
plaii)till"s  costs,  on  discharge  of  pauper  defendant  iu  contempt,  not  paid 

out  of  the,  37(j,  /(.,  'Ml 
transferred  to  National  Debt  Coramissiouers,  ."{77 

SUITS, 

two  instituted  where  one  only  necessary,  what  costs  allowed,  1  1 1 

SUxMMONS.— .Sre  Chambers. 

SURVEYOR, 

fee  of,  apportioned  between  different  companies,  300,  .'{01 
.  trustee,  allowance  to,  405 

SURETIES, 

contribution  amongst,  for  costs  of  suit,  1  10 
security  for  costs,  as,  who  may  be,  '22 

SURVEYORS, 

charges  allowed  to,  4fl0 

TAXATION', 

abandoned  motion,  of  costs  of,  48.") 

affidavit  of  increase,  not  required  in  Chancery  Division.  474 

agreement  between  solicitor  and  client,  incasoof  an,  43!»,  440;  .igrcc- 
mcnt  tmder  Attoruies  and  Solicitors  Act,  1S70,  exempt  from,  421 

application  for,  where  to  be  made  to  the  judge  who  heard  the  ca-isc, 
4. ■>."),  ii. 

application  for,  by  parties  jointly  chargeable,  should  be  joint,  4SS 

apportionment  of  costs,  iu  c;ujc  of,    I'JK  — l.'i.'J 

Companies  Acts.  un<lcr,  "281 

contempt,  party  in,  may  proceed  with,  4.37 

conveyancing  counsel,  fees  jKiid  to,  liable  to,  .300 

costs  of,  how  and  l)y  whom  to  be  borne,  ."lOl  -.■>07  ;  items  struck  out  as 
chargeable  a'4ainst  another  pci-son  to  bo  taken  into  account  with  re- 
ference to  the,  .')0r)  ;  where  (piestion  as  to  liability  is  rcserviMl,  .">(Ki  ; 
-where  several  bills  are  taxed  together,  .Ml'.,  .'•(Mi 

default  iu  bringing  in  costs  for,  47- 

defendants  appearing  by  same  solicitor,  of  costs  of,  l-2<i  ;  severing,  I'JJ  - 
1-2G 

delay,  effect  of,  on  right  to,  after  payment.   Il!l 

discontinuance,  on,  4S.') 

disbursements,  jirofcssional,  what  allowed  as,  on.  474 

discretionary  fees,  allowance  of,  on.  4(iS,  4S-J,  4S.3 

district  registrv,  iu.  4(i!>  ,      i       -i    i 

gross  sum,  where  solicitor  has  charged  a.  he  may  supply  detailcl  expla- 
nation of  it,  on.  473.  474 

House  of  Lords,  in,  4S2 

"  in  case  the  parties  ililfer,"  proceedings  on.   )7<i 


98'-^  INDHX    (»F    MATTK!;. 

TAXATIONS- conl!n,(rd. 

iuspection  of  documents  fur  purposes  of,  474 

Lauds  Clauses  Coasolidation  Act,  under  the,  .SOH.  310 

modes  of,  three,  3 

uon-atteudance  of  either  part}'  ou.  cousetpieace  of,  472,  473 

objections  to  a^o\^ance  or  disallowance  of  items  ou,  how  to  l)e  taken, 

478 
official  liquidator,  by,  281 

order  for,  may  be  made  by  any  judge  of  the  High  Court,  437 
order  for,  where  not  uecessary,  409  ;  where  joint  and  several,  47G 
order  of  course  for,  how  and  on  whose  application  obtained,  435  scq. 
where  irregular,  439,  440  ;  cannot  be  supported  on  the  merits,  440; 

irregularity  of,  how  waived,  441 
form  of,  441  ;  where  solicitor  claims  a  lien,  442,  443;  obtained  ou 

solicitor's  application,  549 
powers  and  duties  of  taxing  master  under  an,  441,  442 
parties  to  attend  the,  in  the  discretion  of  the  taxing  master  to  determine 

who  are,  468 
party  and  party,  between,  what  items  allowed  on,  483 
pauper,  of  costs  payable  to,  374 
proceedings  on,  general  course  of,  471  seq. 
reference  for,  to  be  made  to  taxing  master  in  rotation,  408 
review  of,  sr-'c  Taxinu  Master's  Certificate. 
revivor  of  proceedings  on,  477 
security,  petitioner  if  abroad  must  give,  for  costs  of,  and  for  amount  to 

be  found  due  on,  18 
service  of  proceedings  on,  ou  whom  and  how  to  be  made,  473 
solicitor  and  client,  as  between  ;  see  Solicitor  and  Client,  Costs  as 

BETWEEN. 

solicitor  mortgagee,  whether  special  directions  should  be  given  for,  of 
costs  of,  390,  499  ;  solicitor  trustee,  of  costs  of,  388 

special  application  for,  to  be  made  by  summons  in  chambers,  447,  449  ; 
unnecessary,  costs  of,  by  whom  to  be  borne,  438  ;  solicitor  not  con- 
senting to  common  order,  may  have  to  pay  costs  of  a,  ib. 

special  application,  on  a,  before  paj-ment,  443 — 447 

special  aii))lication  for,  after  payment,  where  granted,  447 — 458  ;  to  be 
made  within  twelve  months,  447,  457  :  ho\v  to  be  calculated,  456  ; 
form  of  order  for,  made  on  a,  458 

statutory  direction  for,  by  a  "Taxing  Master,^'  479 

survivors  of  several  plaintiffs,  against,  122,  541 

third  party,  by,  458 — 460  ;  by  order  of  course,  or  special  application, 
where,  460  ;  to  be  as  between  the  solicitor  and  his  client,  460  ;  forms 
of  orders  for,  465,  460 

Trustee  Kelief  Act,  trustee's  costs  of  payment  into  Court  under  the, 
liable  to,  313 

up  to  what  period,  extends,  475,  470 

what  bills  liable  to,  427 

winding-up  order,  effect  of,  on  right  to,  281,  447 

And  see  Bills  of  Cos'rs. 

TAXING  MASTERS, 

allocatur  of,  does  not  cr-eate  a  judgment,  548 

attendance  of,  at  Central  Office,  467 

judge  may  require  the  assistance  of  one  of  the,  where,  470 

powers  and  province  of  the,  467—480,  481,  482,  483 

to  assist  each  other,  469 

unnecessary  matter,  may  disallow  costs  of,  30,  483,  484 

And  see  Common  Lanv  Taxing  Officer. 


INDKX    OF    MATTHn.  083 

TAXTNC;  MA.'^TKirs  CKItTI  Fl<  A'I'i;, 
tiling  of  tlie,  477,  47S 
review  of  tlie,  application  for,  how  to  he  ni.aile,  i'A,  470  ;  aud  evidence 

to  he  used  tliereoii,  4Sl,  4Si'  ;  what  (jiiestions  may  he  eiitcrtaiucd  ou, 

481),  4SI  ;  costs  of  application  for,  4S| 
service  of  the,  47:< 

total  amount  of  costs  to  he  stated  in  the,  477 
valid  tliongli  not  tiled  within  the  proper  time,  47'*^,  548 

TENANT  t'OR  LIFE, 

allowed  costs  of  assigning  a  charge  ou  the  inheritance  vested  in  him 
after  decree  to  raise  it,  '2')'> 

costs  of,  chargevl  upon  the  estate,  Coni-t  w  ill  direct  a  sale  to  raise  the, 
r.4-2 

costs  of  petition  bj%  for  payment  of  income,  how  to  be  Itorno,  in  ad- 
ministration suit,  '201) ;  undei-  the  Tinstee  llelief  Act,  '.i'22,  '.V2:i 

costs  and  expenses  of,  which  are  not  payal)le  by  tlie  company,  L'!)(i 

iucnmbrancer  of,  where  company  pays  the  costs  of  ap[)earance  of  an, 
2!)7 

partition  suit,  costs  of,  in  a,  24:$ 

petition  by,  to  deal  with  purchase  monies  paid  into  (.'oiirt.  on  whom  to 
be  served,  2!I4 

receiver's  poundage,  &c.,  payalile  by,  382 

redem[)tion  suit  by,  costs  of,  how  to  be  borne,  22S,  2;'(J 

TENANT  IN  TAIL, 

costs  of,  in  a  partition  suit,  24."} 

TENANTS  IN  COMMON, 

entitled  to  costs  of  separate  appearance,  where,  .'iOD 

TENDER. 

costs  of  suit,  how  affected  bj%  102  so/. 

costs  up  to  date  of  tender  must  be  included  in  a,  102,  10.'} 

decree,   after,   may  be  proved  ou  motion,  or  ou  further  consideration, 

2:u 

defendant  satisfying  plaintitVs  demand,  and  dismissing  bis  action  must 

pay  costs  notwithstanding  a,  85 
mortgagor  and  mortgagee,  as  between,  2.S0,  20 1  ;  proper  co.irsc  in  case 

of  a,  4.i2 
unconditional,  should  be,  102 

TERM  FEE.— -S'ff  SrniNi;s  Ekk. 

TESTAMENTARY  EXPENSES, 

costs  of  administration  action  included  in,  172 

TESTIMONY,  Sl'IT  TO  PERPETUATE, 

defendant,  where  entitled  to  costs  of  a,  21. ">  ;  costs  of  a,   nover  given 

against  the,  /'/. 
hearing,  not  brought  to  a,  210 
heir  at  law,  costs  of,  in  a,  3t4 
plaintiff  not  proceeding  with  a,  order  made  in  case  of,  21  0 

THIRD  PARTY, 

costs  of,  110,  120 

delivery  of  bills  of  costs  to,  404,  400 

taxation  by,  .•-v<'  Taxation'. 

who  may  apply  for  taxation  as  a,  409 


984 


INDEX    OF    MATTER. 


TIME, 

applications  for,  costs  of,  140 

for  dismissing  action  for  want  of  prosecution,  .IG 

TITHES  SUIT, 

where  contribution   ordcrea  amongst  defendants  for  the  costs  of  a, 

ITLE, 

costs  of  investigation  of  the,  where  discharged  purchaser  will  not  be 
entitled  to  the,  3S1 

costs  of  reference  as  to,  under  a  sale  by  the  Court,  where  title  is  good, 
how  to  be  borne,  377,  378  ;  where  the  title  is  taken  with  compensa- 
tion, 378 ;  where  the  title  is  bad  or  doubtful,  380 

•„  TOWX  AGENT, 

;£i^<^/rir/i^c«K-^charge,  may  have  a,  on  property  recovered  in  the  suit,  568 

Aj-Uicy  ft^u^  '.-H'f**.^  "^?^^^  *^i^'  o"  t^^e  client's  papers,  560  ;  on  funds  recovered  in  the  suit, 

^^  — '  trustee  sohcitor  entitled  to  the  costs  of  employiuo-  a   3SS 

where  liable  for  mistakes  in  pleading,  391  ° 

TRADE  MARK,         ^«  *if^k^  u^4-C»ua-  ofZlo<t  ,^AU-*<^  ^MA  -  Wn^c  7/ 

costs  of  suits  to  restrain  the  infringement  of,  9.9,  123 

TRANSFER  TO  CREDIT  OF  CAUSE, 

of  purchase  monies  paid  into  Court  by  a  comiiany,  application  for, 
costs,  69,  292,  293,  294  i     ^'    11 

TRAVELLING  EXPENSES. -5ec'  Solicitor. 

TREASURY, 

cannot  be  ordered  to  pay  costs  of  pauper  defendant's  contempt  on 
application  of  plaiutitf,  377 

TRIAL, 

action  may  be  brought  to,  ou  question  of  costs  only,  135 
default  at,  where  plaiutitf  or  defendant  makes,  ]  36 

TRUSTEE, 

bankrupt,  allowed  costs  as  between  solicitor  and  client,  342,  399 
detaultiug,  deceased,  costs  of  suit  to  charge  the  estate  of  a,  406,  407 
inuocent,  should  join  as  co-plaiutitf  in  suit  to  repair  a  breach  of  trust, 

403 ;  liability  of,  as  l^etweeu  himself  aud  the  cestui^-que-lnisf,  aud  as 

between  himself  aud  his  co-trustee,  182,  406,  407 
mortgagee's,   made  a  defendant  to  foreclosure  suit,  costs  of,  allowed 

against  mortgagor,  233 
professional,  what  costs  allowed  to,  40.5 

refusing  to  join  co-trustee,  or  cediil-que-trusf,  as  co-plaintitf,  125,  403 
solicitor,  .sec  Solicitor. 
to  bar  dower,  of  vendor,  purchaser  entitled  to  concurrence  of  the,  where 

no  power  of  appointment,  253 ;  of  mortgagor,  a  proper  party  to  a 

foreclosure  suit,  233  o  o    >       i     i       i       j 

vendor's,  refusing  to  convey,  pays  costs,  263   413 
And  sec  Trustkks.  ' 

TRUSTEE  AND  CESTUI-QUE-TRUST, 
appearing  by  trustee  solicitor,  388 
severing,  wliere  entitled  to  separate  costs,  125,  403 
taxation,  as  l)ctween,  461 


INDKX   OF   MATTKU. 


9S5 


TRI'i^TEE  ACTS 

company,  wlio'rc  bound  undor  Lands  Clauses  Consolidation  Act  to  pay 

costs  of  proceedings  under  the,  to   obtain  a  conveyance  of  lands, 

•28."),  /^ 
costs  under  the,  generally,  3'24— 828  i      u      + 

reconveyance  of  mortgaged  estate,  costs  of  proceedings  nutler  the,  to 

obtain,  239,  2 in,  .S2G 
respondent  to  petition  under,  liability  of,  to  costs,  32.J 
vendor  and  purchaser,  as  between,  how  costs  of  proceedings  under  the, 

to  complete  the  title,  to  be  borne,  327,  37!),  3S0 

TRUSTEE  RELIEF  ACT, 

costs  under  the,  generally,  311— 323  ,,,,.,      .      i      •  i  i. 

infant  legatees  bill  not  dismissed_ on  the  ground  that  the  fund  might 

have  been  j)aid  in  under  the,  35G 
insurance  monies,  payment  of,  into  Court,  under,  317 
pay  legacy  into  Court  under,  when  executor  should  not,  317 
payment  in  under,  costs  of,  320,  321 
two  petitions  under,  costs,  323 
And  see  Tkustke.s. 

TRUSTEES,  ,    ,  ,.  ,     ^,     T     .     T  V  * 

action,  instituting  an,  instead  of  proceeding  under  the  Trustee  Lelief 
Act  111  310,320,414;  dismissed  as  against,  generally  allowed  costa 
of  as  between  party  and  party  only,  3<ia  ;  but  may  be  allowed  costs 
as  between  solicitor  and  client,  402  ;  and  may  be  allowed  the  costs 
out  of  the  trust  funds,  where,  304,  366  ,      -.,^ 

breach  of  trust,  costs  of,  and  payable  by,  in  suits  to  repair  a,  to,  210, 

405—409 
charities,  of,  costs,  209-212 

corporation,  costs  of,  and  payable  by  a,  as,  see  CoRPORATioy. 
costs   charges,  and  expenses,  allowed,  5,  398  ;  but  should  be  expressly 
mentioned,  >h.  ;  what  comprised  in,  404  ;  not  costs  in  ordinary  dis- 
cretion of  the  Court,  6  ;  where  amount  is  disputed,  313 
counsers  advice,  to  what  extent  protected  by,  183,  414 
credits,  disallowed  ill  accounts,  costs  of,  409  ,.-,-,- 

disclaiming,    entitled  to  costs  as  between  party  and  party  only,  .y_.>, 

402  ;  should  not  put  in  full  defence,  402  _ 
in  for  in 'i  i>'iii  perls,  where  allowed  to  sue,  372 
indemnity,  improperly  asking  for  an,  414 
interest,  charged  with,  on  balances,  where  allowed  costs,  4<»9 
iuvalidly  appointed,  costs,  399  ,      ,,    .  ,        ,  ,,, 

legal  estate,  using  their,  unfairly,  or  for  their  own  advantage    411  :  rc- 

fusinrr  to  convey  the.  according  to  the  proper  diiections.  41- 
lien  of,"on  trust  estate  for  their  costs,  chai-es,  and  expenses,  399,  4 (»0  ; 
how  enforced,  401  ;  none  on  an  estate  held  to  be  lost  to  a  charity  l.y 
breach  of  condition,  211,  400,  401  ;  nor  upon  the  estate  of  one  chanty 
for  costs  incurred  respecting  anotlier,  vested  in  the  same  trustees, 
400,  401 
misstating  accounts,  412  i      r    tno 

negligence,  not  deprived  of  costs  on  grounds  of  409 
new  costs  of  suit  for  appointment  of,  instead  of  petition  under  Trustee 
Act  111  3"'8  •  of  a  charity,  company  where  bound  to  pay  costs 
of  petition  for  payment  of  the  dividends  to,  298  ;  costs  of  appointmg. 
under  Trustee  Act,  how  to  be  borne.  324  :  appointment  of,  )>en>len(e 
Vd<>  by  former  trustees,  consequences  of.  410  ^  ,  ^,  ^  .  ,  , 
ordered  to  pay  costs  personally,  paying  them  out  of  the  trust  funds, 

209   416 
paying  money  to  wrong  account,  costs  of.  318 


C)9>6  INDEX    OF    MATTER. 

TRUSTEES— eoHf'^H^'v/.  ^^   . 

power  of  sale,  with,  are  persons  absolutely  eutitled  uuder  L.  C.  C.  Act, 
8.  69,  282 

pixrcliases  by,  of  trust  property,  costs  of  suits  to  set  aside,  408 

quarrelliug  between  themselves,  411 

rcfusiiic  to  account,  411,  412  ;  to  act  without  the  sanction  of  the  Court, 
412  .s?r/.  ;  to  retire,  410  ;  to  convey,  412,  418  ;  to  give  iufox-matiou,  412 

repairing  breach  of  trust  ]iromptly,  costs,  408 

respondents  in  House  of  Lords,  entitled  to  appear  by  counsel,  but  not 
to  print  case  or  appendix,  157 

retiring,  where  allowed  costs,  or  the  contrary,  415 

service  on,  of  petition  for  transfer  or  investment  of  purchase  monies, 
what  costs  allowed  against  tlie  company,  294,  295 

severing,  where  entitled  to  separate  costs,  125,  126,  403 

solicitor  and  client,  entitled  to  costs  of  suit  as  between,  5,  398  ;  sectis, 
under  a  void  instrument,  399 

stop  order,  costs  of,  on  petition  for,  318 

strangers,  as  against,  in  same  position  as  to  costs  as  parties  suing  in 
their  own  right,  396 

submission  to  the  Court,  claiming  by  way  of,  allowed  costs,  390 

taxation  of  bills  of  costs  of  solicitor  of,  by  ci'-slul  que  trust,  462  seq. 

Trustee  Acts,  wliether  liable  to  pay  costs  of  applications  under  tlie,  325 

Trustee  Itelief  Act,  paying  money  into  Court  vmderthe,  to  avoid  a  suit, 
315  ;  vexatiously,  may  be  refused  costs  of  appearance,  or  made  to  pay 

costs,  313 315;  but  not  to  refund  costs  of  payment  in,  313  ;  where 

allowed  costs  of  appearance  on  applications  under  the,  314—319  ;  what 
costs  allowed  to,  under  the,  319  ;  should  not  present  a  petition  under 
the,  th.  ;  whether,  may  decline  to  ^ay  money  into  Court  under  the, 
319,  320 

unnecessary  litigation,  causing,  charged  with  costs,  410,  411 

unreasonably  cautious,  costs  where,  414 

vexatious,  where  their  conduct  is,  costs,  410 

voidable  settlement,  costs  of,  in  suits  to  set  aside  a,  3DG— 398 

And  sec  Executors,  Tiiustee. 

TRUSTEES  IN  BANKRUPTCY, 

adopting  suit  become  liable  to  costs  from  commeuceraent,  335 
appeal,  payment  of  costs  of,  by,  144,  334 
client,  of,  solicitor  s  lien  against,  557,  558 
costs  of,  general  rules  as  to,  334,  335 

defendant,  of,  cannot  dismiss  suit  in  default  of  plaintiff  continuing  pro- 
ceedings, 84 
executor,  of,  costs  of,  in  administration  suit,  188,  342 
mortgagor,  of,  where  e(putal)le  mortgagee  entitled  to  costs  against,  222 
personal  liability  of,  for  costs,  149,  334,  335 
parties  chargealde  uuder  Attornies  and  (Solicitors  Act,  1843,  may  be, 

437 

respondent  to  successful  appeal  not  personally  liable  for  costs,  144 
secuiity  for  costs,  may  obtain,  though  bankrupt  has  already  done  so, 

22 
suit  by,  to  set  aside  fraudulent  settlement,  costs  of,  3()0 
'  trustees, '  are  not,  within  s.  39  of  the  Attornies  and  Solicitors  Act,  1843, 

463 

UNNECESSARY, 

evidence,  costs  of,  112,  486 

matter  in  petition  under  the  Lands  Clauses  Act,  costs  of,  304 
matter  in  any  proceeding  may  be  disallowed  by  court  or  taxing  master, 
39,  483 


iNhKX  or  MA'iTr.i;.  '.>s7 

party  remaining  befori-  tlu'  coiiit  in  an  ailiiiini-stratioii  .suit,  ii'it  all<t\\<-<l 

costs,  181) 
proceeding,  costs  of,  how  to  be  borne,  :{il,  1  l(»,  111,  II 'J 
service  of  petition,  trustee  insisting  on  will  lose  costs,  :5l.'j 

T'NOPPOSED  APPLICATION,  wlictlicr  costs  of  employing  two  counsel 
ou  an,  allowed,  41)0 

UNPROFESSIONAL  ITEMS.— ,S'r  P,ii,ls  of  Co.st.s,  Solicitoh. 

UNQUALIFIED   SOLKTTOIJ,   cannot  recover  costs,  5G0  ;    nor  can  \\'i^ 
client,  ih. 

UNSIGNED  bill  of  costs,  M-liere  taxable,  428 

VARIATION,  in  details  of  the  decree,  will  not  save  costs  of  appeal,  l.">.> 

VENDITIONI  EXPONAS,  consolidated  order  as  to  writ  of,  ,"))(; 

VENDOR,  costs  of  service  ou,  of  petition  for  investment  in  land  of  purchase 
monies,  not  allowed  against  the  company,  I'liS,  2!)!) 

VENDOR  AND  PURCHASER  ACT,  costs  under,  .S29,  3.30 

'  VEXATIOUS'  payment  into  court  under  the  Trustee  Relief  Act,  what  is 
a,  814  se<i. 

VEXATIOUS  PROCEEDINGS,  costs  of,  81) 

VISITOR  OF  CHARITABLE  FOUNDATIONS,  costs  of  applications  to 

the  Lord  Chancellor  as.  218 

'WILFUL  NEGLECT,'  wliat  is  a,  under  Lauds  Cla\i8es  Act,  s.  SO,  28,3,  vi. 

WILFUL  NEGLECT   AND    DEFAULT,  costs  incurred  in  injudiciously 
defending  an  action,  do  not  come  within,  182 

'  WILFUL    REFUSAL,'   what   is  a,    under  Lauds   Clauses   Act,    .s.    80, 
282,  Ji. 

WILL, 

costs  of  suit  to  establish  a,  :{4.")  ;  to  set  aside  a,  84 S 
solicitor  has  no  lien  ou  the,  of  his  client,  ."):»2 

WINDING-UP, 

call  for  costs  of,  274  .sf/. 

costs  incurred  by  company  iu,  how  payable.  272 

costs  of,  where  assets  are  insuiruicut,  270 

creditors,  costs  of,  on  pititiou  for.  2tiU 

debts,  cost  of  proving,  iu,  272^  278 

illegal  associations,  costs  of,  274 

incumbrances,  costs   where  property  being  realised  in,  is  subject  to, 

278 
order  of  payment  of  costs  in,  2j0 
past  members,  liabilitv  of,  for  costs  of,  27.') 
petition,  costs  of,  fnr^  2(').j— 270  ;  abandoned,  costs  of,  2(iS  ;  diamisscil 

witliout  costs,  208  .  . 

petitioner,  costs  of,  priority  of.   iu.  2G7  :  dismissing  pctitiou,  costa  of, 

2G8 


988  INDEX    OF   MATTER. 

WINDING-UP— rrtH./Z/nf^^/. 

provisional  liquidator,  not  entitled  to  costs  of  appearing  on  petition  for, 

2o7 
secnred  creditors,  costs  of,  on  petition  for,  267 
set-off,  in.  of  unpaid  calls  against  petitioner's  costs,  none,  267 
several  petitions  for,  costs  of,  rule  as  to,  209 
shareliolders,  costs  of,  on  petibion  for,  266 
unlimited  insurance  companies,  costs  of,  276 
voluntary,  costs  of,  277 
And  see  Official  Liquidator. 

WITNESSES, 

allowances  to,  scale  of,  42 

country,  43 

colony,  costs  of  commission  to  examine  in,  46,  488 

commission  to  examine  abroad,  costs  of,  45,  4S8 

cross-examination  of,  42  ;  brought  up  for,  but  not  examined,  costs,  486  ; 

abandoned,  44 
demurrers  by,  31 

expenses,  entitled  to  before  being  sworn,  41 
foreign,  43 

interpreter,  examination  of,  through,  44 
medical,  43 

persons  detained  to  appear  as,  43 
production  of,  for  cross-examination,  45 
professional,  43 

qualifying,  expenses  of,  43,  487,  488 
refusing  to  be  sworn,  42 
refusing  to  produce  deeds,  44,  45 
sciei]tific,  costs  of,  487 
tender  of  expenses  to,  41 

WRITS, 

execution,  of,  511 — 513 
several,  513 

WlilTS  OF  SUMMONS,   prolix  forms  and  endorsements,  costs  occasioned 
by,  39 


INDEX  TO  THE  ArPEN DICES. 


ABSTRACT  OF  TITLE, 
drawing,  022 
making  fair  copy  of,  922 
perusing,  *J23 

ACCOUNTS, 

taking,  ")94,  595 

ACTION, 

proving  claim  in,  79(5 
])Iaiutitrs  costs  of,  002,  722 
defendant's  costs  of,  (ill,  6S.3 
proceedings  to  dismiss,  costs  of,  797 

ADJOURNMENT,  586 

ADMINISTRATION  ORDER, 

costs  of,  t)57,  GGl 

ADMISSIONS,  605 

ADVERTISEMENTS, 
drawing,  583 

ADVICE  ON  EVIDENCE,  605 

AFFIDAVIT,  5^2,  GO.".,  006 

AGENT,  602 

ALLOWANCES  TO  WITNESSES,  588 

AMENDMENT,  582,  604 
of  writ,  793 
of  statement  of  claim,  794 

APPEALS,  762,  764,  765,  770,  778,  781 

APPELLANT,     

costs  of,  762,  765,  778 

APPEARANCES,  581,  592 

APPENDIX, 

drawing,  i.'v:c.,  766 — 768 

APPOINTMENT  OF  NEW  TRUSTEE  , 
petitioner's  costs  of,  803 


990  IKDEX   TO   THE   AITENDICES. 

ATTENDANCES, 

generally,  585,  586,  59-2 

on  (lefendaut's  solicitors  ou  tlieir  cxamiuiDg  and  signing  admissions,  605 

on  defendant's  solicitors,  and  inspecting  their  documents  proposed  to  Le 

admitted,  605 
on  defendant's  solicitors,  examining  aud  signing  tlieir  admissions,  605 
on  defendant's  solicitor,  obtaining  his  consent  to  set  down  action  short, 

607 
in  Court,  actiou  in  list  but  not  reached,  608 
in  Court,  when  action  in  list  aud  partly  heard,  008 
to  refresh  counsel,  (J08,  609 

in  Court,  actiou  in  list  aud  order  made  for  enquiries,  609 
attending  registrar  with  papers  aud  bespeaking  draft  order,  609 
attending  settling  draft  order,  609 
solicitor  having  carriage  of  order  for  examiuing  and  correcting  proof  if 

printed,  609 
for  })assing  order,  609 

to  certify  and  get  Master  in  rotation  marked,  609 
attending  and  giving  undertakiug  to  appear,  611 
for  entering  appearance,  611 

ATTORNEY, 

power  of,  Paymaster-Geueral's  charges  for,  637 

BAR  FEE,  780 

BILLS  OF  COSTS,  602  6c:?. 

BREACHES,  582 

BRIEF,  582,  583,  607 

CALL, 

order  for,  Ol-i 

CASE   FOR   OPINION,  677,  688 
CERTIFICATES,  593,  609 

CHAMBERS, 

application  in,  7  i5 

CHARGING  ORDERS,  81 

CHIEF  CLERK'S  CERTIFICATE, 
application  to  vary,  836 

CLOSE  COPIES,  584,  604,  606,  609 

COMMISSIONS, 
Court  fees,  592 

COMMITTAL,  801 

COMPANIES, 

winding  up,  829,  833,  835,  836,  838,  843,  913,  919 

CONCURRENT  WRIT  OF  SU^SIMONS,  579,  592 

CONSULTATION,  010,  62  L  777 

CONVEYANCING, 

general  charges,  921,  926 


INDKX    TO    TIIR    APPENDICES. 

COPIES  OF  I'LKADIXCS.  I'.r.lKFS,  kv.,  58:^  5S4,  :.0'2 

COSTS, 

obtaining  onkr  to  tax,  7''"^,  TOO 

COSTS,  cha]u;ks,  a^\)  exi'EJssks,  i\y.\  -r2r> 

COUNTY   COURT  SCALE, 

costs  ou,  577,  578 

COUNSEL,  585,  C04,  G08,  GIO,  7(iO,  777.  770,  780 

COUNTER-CLAIM,  581,  582, 

plaintiffs  costs  of  disallow iag,  i^t 

COURT  FEES,  5S0-07 

CREDITOR, 

claim  of,  costs  of  proving,  705 

CREDITORS, 

plaintiffs,  costs  of,  G7'2 

DECREE, 

costs  after,  617,  623 

parties  served  with  notice  of,  costs  ot,  b'-o 

DECREES, 

Court  fees,  504 

DEFENCE,  581,  582 

DEFENDANT'S  COSTS,  750,  784,  789 

DEMANDS,  580 

DEMURRER,  582,  667-670 

DISCOVERY,  651 

DRAWING,  ,  ^     _-   .„ 

pleadings  and  otl.cr  duciuncuts,  ob-,  ob 
anRiidnicnts,  604 
niinutes  of  decree,  607 
brief,  582,  583,  607 


^^^i:^S^;JS^>  May,  1845,  Ord.no.,  58. 
EXAMlNINCi  AND  CORRECTING  RROOFS,  603 

EXECUTRIX, 
costs  of,  836 

EXHIBITS, 

marking,  5S7_ 
preparing,  587 

FILING,  593 


091 


992  IKDEX   TO   THE   AITENDICES. 

FORMS  OF  WRITS  OF  EXECUTION, 

fieri  faciiis,  598 

clcgi),  598,  599 

venditioni  ex2}07ias,  599 

fieri  facias  dc  bonis  ccclcsiasficis,  600 

fieri  facias  to  the  Archbishop  clc  bonis  ccclcsiasficis  during  vacancy  of  a 

bishop's  see,  600 
sequestra ri  facias  de  bonis  ccch'siasticis,  600,  601 
sequestration,  601 
court  fees  for  sealing,  592 

FURTHER  CONSIDERATION, 
costs  on,  617 

HEARING,  585,  783,  784 
court  fees,  594 

HOUSE  OF  LORDS, 
appeals,  765,  771,  778 

INFANT,  740,  745 

INJUNCTION,  582 

plaintiff's  costs  of,  640 
defendant's  opposing,  642 

INSPECTION, 

court  fees  on,  593 

INSTRUCTIONS, 

generally,  581,  582 

to  sue,  602 

for  statement  of  claim,  603 

to  amend  statement  of  claim,  604 

for  rejjly,  604 

for  affidavit  of  plaintiff  verifying  statement  of  claim,  605 

for  brief,  582,  607 

to  defend,  61 1 

for  affidavit  in  support  of  guardian,  611 

for  interrogatories,  582 

for  affidavit  in  answer  to  interrogatories,  582 

to  counsel  to  advise  on  evidence,  605 

INTERROGATORIES,  582,  655 

INVESTMENT, 

costs,  charges,  and  expenses  of,  725 

ISSUE, 

joinder  of,  581,  582 

JUDGE, 

attendance  to  deliver  papers  for  use  of,  585 

JUDGMENT,  586,  594 

J  URISDICTION, 

service  out  of,  580 

LANDS  CLAUSES  CONSOLIDATION  ACT,  811-814,  81 
LEASE  AND  COUNTERPART,  926 


INDEX   TO   TUE   APPENDICES. 


D93 


LETTERS,  C80  srq.,  S63  .-^rq. 
ill  agcuey  matters,  587 

LORDS,     . 

House  of,  7(35,  771,  778 

LOWER  SCALE, 
certificate  of,  002 

MEMORIAL,  926 
MINUTES  OF  ORDER,  620 
MORTGAGEE,  739,  925 
MORTGAGOR,  924 

MOTIONS,  640,  642,  644,  647,  801 
for  judgment,  783,  784 

NEW  TRUSTEES, 

appointment  of,  803,  scq. 

NEXT  FRIEND, 

of  infant  or  married  woman,  602,  6bl 

NEXT  OF  KIN, 
enquiries,  617 


NOTICE, 

generally.  580 

preparing,  to  produce  and  copy,_  OOo 

nrepariu",  to  admit  and  copy,  605 

of  ming  afiidavit  verifying  statement  of  elami.  copy  and  service,  606 

to  settfe  draft  order,  copy  and  service,  609 

to  pass  same,  copy  and  service,  609 

to  restrain  transfer  of  stock,  costs  of,  828 


OATHS,  587,  593 
OBJECTIONS,  582 
OFFICIAL  LIQUIDATOR,  835,  838,  U:\  913,  919 

OFFICIAL  REFEREE, 

plaintiff's  costs,  785 
defendant's  costs,  789 

ORDER  OF  COURSE, 
costs  of  obtaining,  793 


'   Court  fees  uu  drawing  up  and  entering,  5;i4 

I'AllTICULARS,  582 

^''^™ ved  Mith  notice  of  decree,  costs  of,  025 


994  INDEX   TO   THE   APPENDICES. 

PARTNERS, 

applicatiou  for  uames  of,  71*5 

PAYMASTER-GEXEHAL,  810,  813 

for  attending  to  beqieak  directions  for  payment  of  money  into  conrt, 
587 
drawing  reqnest  to  invest  cash,  587 
attending  the  Paymaster-General  with  directions  for  sale  or  transfer 

of  stock,  587 
attending  and  identifying  a  party  on  his  receiving  chei^ue,  587 

PAYMA.STER-GENERAL'S  OFFICE, 

proceedings  in,  587,  588 

PAYMENT  INTO  COURT, 

under  Trustee  Relief  Act,  810  ;  payment  out,  758,  821 

PEDIGREE, 

drawing,  018 

PERCENTAGES  OR  AD  VALOREM  DUTIES,  594,  595 

PERUSALS,  584,  585 

statement  of  defence,  G04 
amended  statement  of  defence,  G04 
joinder  of  issue,  005 
affidavit  of  defendant,  GOO 
alterations  in  minutes  of  decree,  007 
statement  of  claim,  Oil 
notice  to  inspect,  005 

PETITION,  803,  808,  817,  829 
instructions  for  special,  582 
Court  fees,  590 

PETITIONER, 

costs  of,  753,  808,  817,  829 

PLAINTIFF, 

costs  of,  742,  747,  748,  702,  783,  785 
infant,  costs  of,  735,  740,  745 

PLEADING,  582,  583 

PRINTING,  583 

RECEIVER, 

action  for  appointment  of,  003 
motion  for  appointment  of,  042 — 040 

RECEIVER'S  COSTS,  640,  049,  051 

RECOGNIZANCE, 

on  appeal  to  the  House  of  Lords,  778,  779 

REFRESHERS,  008,  009,  780 

REGISTER  OF  JUDGMENTS   AND  LIS  PENDENS,  COURT  FEES, 
590 

REGISTRAR, 

attending  for  directions  for  sale  or  transfer  of  stock,  588 
bespeaking  order,  009,  G22 
to  settle  draft  order,  622,  041 
to  pass  same,  022,  041 


INDEX   TU   THE    AITENDICES.  ^95 


RENEWAL, 

of  writ  of  smnnious,  579,  5*J2 
writ  of  execution,  579 

HEPLY, 

iustruclious  for,  G04 


^'■^^drawing,  to  raymastcr-Geueral  to  i-lace  cash  on  deposit,  588 


to  iuvest,  587 

to  carry  over  stock,  588 

RESIDUARY  ACCOUNT,  633 

RESPONDENTS,  764,  770,  781,  808 

REVIE^V  OF  TAXATION,  748 


SALE, 

costs  of,  626,  633,  03/ 

SCALES  OF  COSTS,  575—578 

SCANDAL,  ,     ^,,    .      _,, 

taking  affidavits  ofl ,  tlie  lilc  tor,  /  oU 

'"^"^Slo  in  the  13thRuleof  (General  Order  of  Fe|.n,ary  5tl.  IS^,  5^ 
Is  to  Court  fees  referred  to  in  the  Order  of  l>Sth  October,  lb/a,  592,  593, 
594,  595,  596,  597 
SEALING,  592 
SEARCHES,  593,  617 
SERVICES,  580,  581 
SESSION  FEE,  781,  783 
SHORT  CAUSE  OR  ACTION,  615 

SITTINGS  FEE,  609,  622, 636 
■where  not  allowed,  752 

SOLICITOR'S  BILL, 

taxation  of,  798,  799,  800 

SOLICITOR  AND  CLIENT, 
taxation  as  between,  6^0,  /oU 

SPECIAL  CASE,  729,  732 

STATEMENT  OF  CLAIM,  582,  603 
amendment  of,  794 

^^^Snsfer  of,  costs  of  notice  to  restrain,  728,  828 
STOP  ORDER,  745 

SUBPfENA,  _ 

cJuccs  tecum,  costs  of,  o,y,  oJ- 
ad  tesH/lcanduvi,  579,  592 


99G  INDEX   TO   THE   ArPENDICES. 

SUMMONS,  737 

to  attend  at  Judge's  Chambers,  579,  592,  603 
original,  for  proceeding  in  Cliambers,  579,  592 
Court  fees,  592 

TAXATION,  595,  798,  799,  800 

TEEM  FEES,  587.— And  srr  Sittings  Fee.    ' 

TRANSFER  OF  STOCK, 

application  to  restrain,  728 

TRAVELLING  EXPENSES,  GIO 

TRUSTEES,  736,  760,  761,  S03,  808,  817      ' 

TRUSTEE  RELIEF  ACT,  810,  821 


WANT  OF  PROSECUTION, 

dismissal  for,  797 

WARRANT, 

on  leaving  copy  and  service,  609 
to  tax  copy  and  service,  609 
sei'vice  of,  through  agent,  580 
Court  fees,  592 
where  appearance  entered,  580 

WINDING-UP, 

ofhcial  liquidator,  835,  838,  S43,  913,  919 
petitioner,  829 
respondent,  833 

WITNESSES,  610  _^ 
allowances  to,  588 
Court  fees,  593,  594 

WRIT, 

amending,  costs  of,  793 

of  summons,  for  commencement  of  action,  579,  592 

concurrent,  579,  592 

special  endorsement,  579,  602 

renewal  of,  579,  592 

notice  of  a  Avrit  for  service  in  lieu  of  writ  out  of  jurisdiction,  579,  592 

of  iuquii-y,  579 

mandamus  or  injunction,  579,  592 

subpoena  duces  tccuvi,  579,  592 

ad  testificandum,  579,  592 
distringas,  579,  592 
execution,  579,  592 


TUE  END. 


ERAMIRY,   AG^■l:W,   &   CO.     mNTEPS,  WHITEVRIAES. 


SCHOOL  OF  LAW  LIBRARY 
PI«JIVKRS1TY  OF  CALIF0Rlil4, 

LOS  ANtJELES 


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