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
Kr-rvicr, or • d
J- ■ ' ■ ii.cc may i «_• ma'i<- ..s the
'1
Fo: •! 11' •■ ' '! woncc 18 to
I the Taxi: lit.
8<: n|)|Kai.i:.' • in-< 1 ' ' .1 r:acrvil on tllC
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,
0 0 «• 1
*/i : thr Jn If^'.'fi C'l:.injVcni for
.010 O 2 0
Or . 0 0 I 0 u 4
A^ r
! to
. aiivl to ci^iilnLutvncA to
A I. 1> notice to
.! orxlcr for a
■ 1 . . .
All n ronlributorien
0 10 0 10
U I U ti I o
0 10 o I 0
ft,- d notice to acne, i)or
f .001004
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 ■■
folio
And for Mick copy b«Ton>| tb« flnl, wich
Um Tuiiiff MMtcr liudl Uimk |>fv{i«r, tt^i < ^ « n
iwrfulio 0 0
I' . . ._. .^.. . nt,tic« of motiun . . .OS
■ " '
.^ . '. '. •' »
0 o
... 0 I
Or t^TT^ f-illoi, for
, .01
j^i »h»«N« O O
O;
1 r
El . nriM praritlnl, Um allovaaee for Mnrt<^
WkrTD DoUfc riu U rvqQiml, onljr oor
BoCio t of odkUviu filed, or
which
Ib Iirof«s..ii ••* •'• l.•^r^
fur im "-
cJuuv
rricr i<f
.•■iuUucQl,
<^ 1
4
0
0
4
0
0
&
0
0
0
1
0
0
0
1
0
0
0
0
4
A
0
1
6
0
0
1
0
4
0
0
4
Arrmuxcai.
Entrriog amy •{tptorinw
If rnt. r>.l it . • ti; .. f <r m fv iLaS OM pCTlun. '
If
rnoiw U» r
lam *A «
mnccnuya.
To.
cUim
For
i "
tor
Uatwiittp*
O A N 0 ta 4
0 13 4 S t 0
0 6- "'14
0 0 14
t 4
1 4
0 6
8
0 13
4
0 6
8
0 13
4
0 6
8
0 6
8
0 13
4
1 1
0
0 6
8
0 13
4
0 6
8
0 6
8
0 13
4
1 1
0
0 G
8
0 10
0
0 13
4
1 1
0
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
0
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
0
G 8
0 3 0
0
n 0
0 G 8
0
G 8
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 G
0
3 G
0 3 0
0
5 0
0 G 8
0
G 8
0 (5 8
0 13 4
0 2 G
0
2 G
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
1
3
G
1 3
C
0 0 4 0 0 4
0
3
4
0
6
8
1
6
0
1
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0
0
13
4
0
13
4
0
1
0
0
5
0
0
0
4
0
0
4
0
0
4
0
0
4
0 0 2 0 0 2
0 0 2 0 0 3
0
1
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0 5
0
0
0
4
0 0
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0
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8
0
G
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0 13
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0
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0
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g._„
"0 G
0
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0
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0 G
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0
0
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0 0
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0
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0 6
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0
0
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0 0
4
0
0
2
0 0
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
G
8
0
13
4
0
4
0
0
4
0
0
2
G
0
2
G
0
G
8
0
6
8
0
13
4
1
1
0
0
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8
0
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8
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5
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3
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6
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0
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0
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. 0
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8
0
6
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4
G
2
4
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. 0
0
4
0
0
4
. 0
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0
0
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6
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0
6
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. 0
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0
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6
. u
1
0
0
1
0
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
0
4
0
0 4
0
0
2
0
0 2
0
4
0
0
4 0
0
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
4
0
1
4
0
2
6
0
5
0
0
1
0
0
2
0
0
1
4
0
1
4
0
5
0
0
5
0
0
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8
0
6
8
0
1
4
0
1
4
0
2
6
0
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
0
4
0
0
4
0
0
4
0
0
4
0
0
2
0
0
3
0
1
0
0
5
0
0
0
4
0
0
4
0
0
4
0
0
4
0
0
2
0
0
3
0
1
0
0
.")
0
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
0
2
0
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0
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8
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0
0
4
0
0
4
0
0
4
0
0
4
0
0
2
0
0
3
Low
er Scale.
s. cl.
Higher Sci
£, s.
lie.
d.
0
0
0
1
0
0
0
4
4
0
0
0
5
0
0
0
4
4
0
0
2
0
0
3
0
0
0
0
2
4
0
0
0
0
3
4
0
0
0
0
2
4
0
0
0
0
3
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
4
0 0
4
0
6
8
0 13
4
11
0
0
11 0
0
0
6
8
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0
7 12
0
0
6
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0 6
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9
6
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1
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6
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0
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0
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8
c
0
2
6
4
8
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
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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
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0 3
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0
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8
0 4
0
0
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0 2
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0
2
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0 G
8
0
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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
G
8
0
1
0
0
1
0
0
0
4
0
0
4
0
G
s
0
(j
8
0
1
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(1
1
(J
0
0
4
0
0
4
0
'2
0
0
2
0
(t
0
.)
0
0
2
0
3
G
0
3
G
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
•f
0
0
0 4
C. 8
. 0 1
. 0 0
. 0 0
0
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0 4
0 4
0 0 :i
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0 0 2
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0 0 4
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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
G
0
1
0
0
1
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0
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8
0
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8
0
1
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0
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0
0
4
0
0
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0
2
0
0
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0
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0
2
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0
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0
0
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8
0
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8
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1
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0
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0
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0
0
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0
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0
0
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0
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0
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0
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0
2
0
2
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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
0
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0
0
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0
0
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0
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0
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0
0
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0
0
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0
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0
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8
1
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1
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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
f;
8
0
4
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1
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0
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0
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0
3
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0
3
0
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
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2
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C
0
3
4
0
6
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1
3
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1
3
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0 G
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0 G
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G
2 9
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0 3
4
0 G
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6
1 3
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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
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0
3 G
0 1
0
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1 0
(J 1
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0 0
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0 4
0 0
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0
0 2
0 G
8
0
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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
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3
0
0
2
0
0
2
0
0
1
0
0
2
0
0
0
4
0
0
4
0
2
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0
2
6
0
15
0
0
15
0
0
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0
0
G
0
0
2
G
0
2
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0
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8
0
6
8
1
0
0
2
0
0
0
4
0
0
4
0
0
2
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0
2
G
0
1
0
0
1
0
0
3
4
0
6
8
1
3
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1
3
6
0
0
4
0
0
4
0
G
8
0
6
8
0
0
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0
0
4
0
2
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0
2
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4
0
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8
0
6
8
0
0
4
0
0
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0
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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
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0
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8
0
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8
3
5
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3
5
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0
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8
0
6
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1
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3
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8
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2
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0
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8
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6
0
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8
0
6
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1
3
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1
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0
3
4
0
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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
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1
0
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8
0
0
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0
3
4 0
2 6
13 4
3 0
0
6
8
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6
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0
10
0
1
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6
8
0
13
4
0
0
4
0
0
4
0
0
8
0
0
. 8
0
4
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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
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0
2
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0
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0
0
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2
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0
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2
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U
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
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0
0
4
0
0
4
0
0
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0
0
4
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0
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4
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0
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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
•)
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0
2
G
0
G
8
0
13
4
0
0
4
0
0
4
0
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8
0
13
4
0
0
4
0
0
4
0
0
2
0
0
3
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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
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0
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0
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6
8
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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
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0
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8
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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
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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
2
6
0 2
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6
8
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3 3
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0 6
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0 4
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0 0 4 0 0
Liiwcr .Scalo.
lli-liur .Scale.
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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
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0
0
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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
0
3 3 0
0 6
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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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0
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0
6
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j<i\ver Scalf.
Hi^ilicr Seal''.
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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 .....
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3
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0
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0
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
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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
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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
1 3 G
1 3 6
0 6 8
0 13 4
0 1 0
0 10
0 0 4
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
0 10
0 0 4
0 0-4
0 6 8
0 6 8
2 4 6
2 4 t
0 0 4
0 0 ^
0 10
0 1 (
0 6 8 0 6
0
0
4
0
0
0
2
0
0
2
0
0
2
0
0
0
4
0
0
4
0
2
6
0
2
Lower Scale.
Higher Scale.
£
s.
d.
a
s.
d.
0
0
8
0
f)
8
0
1
0
0
1
0
0
.3
4
0
6
8
1
3
6
1
3
6
0
0
4
0
0
4
0
1
0
0
1
0
0
6
8
0
6
8
0
2
6
0
2
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
2
6
0
2
G
0
0
4
0
0
4
0
0
4
0
0
4
u
0
4
0
0
4
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
1
0
0
1
0
0
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
0
4
0
0
4
0
(5
8
0
13
4
5
10
0
5
10
0
0
(i
8
0
6
8
3
5
()
3
o
G
0
(5
8
0
G
8
2
9
G
2
y
G
0
3
4
0
6
8
1
3
(i
1
3
6
0
13
4
0
13
4
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
0 2
0 5
0 13
0 0 4
0 5 0
0 0
0 5
0 6 8
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
0
0
3
0
G
8
0
13
4
0
5
0
0
10
0
0
1
0
0
I
0
0
3
4
0
G
8
1
3
G
1
3
6
0
1
0
0
5
0
0
0
4
0
0
4
0
0
4
0
0
4
0
0
2
0
0
3
0
0
2
0
0
3
0
1
0
0
5
0
0
0
4
0
0
4
0
0
4
0
0
4
0
3
4
0
G
8
0 6
8
0 G
8
0 6
8
0 6
8
0 3
4
0 G
8
1 3
G
1 3
6
0 6
8
0 13
4
0 1
0
0 1
0
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 0
2
0 0
3
0 G
8
0 13
4
.-) 10
0
5 10
0
0 ()
8
0 6
8
3 f)
G
3 5
6
0 ()
8
0 6
8
2 9
G
2 9
6
0 3
4
0 G
8
1 3
G
1 3
6
0 13
4
0 13
4
0 G
8
0 G
8
0 6
8
0 10
0
0 13
4
1 1
0
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
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0
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0
1
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0
1
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0
4
0
0
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0
0
6
8
0
13
4
0
3
0
0
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0
0
4
0
0
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0
0
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8
0
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4
0
0
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0
0
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0
0
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0
0
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0
0
2
0
0
3
0
0
4
0
0
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0
0
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0
0
3
0
3
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0
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0
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0
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8
1
1
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0
0
1
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0
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0
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0
5
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0
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3
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0
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8
2
9
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2
9
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0
3
4
0
6
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1
3
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1
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(5
0
13
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0
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0
3 4
0
3 4
0
3 4
0
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1
3 G
1
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0 G
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0
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0 0
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0
0
4
0 4
0
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0
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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
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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
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8
0
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0
1
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0
0
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0
0
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0
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0
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8
5
10
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5
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0
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6
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0
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8
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3
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0
6
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0
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8
2
9
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9
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0
3
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0
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8
1
3
6
1
3
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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
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8
0
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0
4
0
0
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0
0
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0
0
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8
0
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4
0
0
8
0
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8
0
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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
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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
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0
1
1
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2
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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
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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
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1
6
0
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8
0
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0
2
0
0
1
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0
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0
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8
0
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0
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0
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0
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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
6
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
8
0
6
8
0
3
6
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
8
0
6
8
0
14
0
0
14
0
0
4
8
0
4
8
0
3
6
0
3
6
0
6
8
0
6
8
0
1
6
0
1
6
0
4
8
0
4
8
0
2
0
0
2
0
0
2
4
0
2
4
0
4
0
0
4
0
0
6
8
0
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
G
8
0
G 8
0
3
0
0
3 6
Lower Se;
X. 6-.
lie.
Hi-lifi
0
G
8
0
6
0
3
6
0
3
0
0
6
1
8
0
0
0
6
1
0
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
0 G 8 0
0 2 (J 0
0 2 0 0
0 18 0
0 0 10 0
0
:i
4
(1
:} 4
u
3
«;
U
:j t;
0
n
(;
0
;} C)
0
."3
4
0
3 4
0
3
G
0
3 G
0
G
8
0 13
4
0
3
G
0 3
G
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
G
8
0
10
0
0
10
0
0
G
8
0
(i
8
3
T)
G
3
.')
G
0
G
8
0
(i
8
2
1
0
2
4
0
0
13
4
(t
13
4
()
3
G
/. Z
(J
3
G
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
r.
0
n
r,
0
;j
()
0
:i
<J
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
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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
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0
0
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4
0
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0
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0
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0
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0
6
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0
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0
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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.
Uiglier S<-i
alp.
i; s.
</.
£
*.
</,
0 0
2
0
0
3
0 0
■2
0
0
:'.
0 (;
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0
(1
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3 5
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0 6
8
0
fi
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1
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0
0 13
4
0
13
4
0 13
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1
1
0
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
0
fi
8
0
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8
0
2
0
0
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6
8
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0
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8
0
6
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0
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0
0
3
0
0
3
0
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
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
0
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8
0
6
8
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0
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4
0
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8
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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
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
4
0
1
4
0
1.3
4
0
13
4
0
13
4
0
13
4
0
15
0
0
15
0
1
1
0
1
1
0
it 0
4
0
0 4
0
. 0
6
8
0 13
4
. 0
3
0
0 5
0
. 0
0
4
0 0
4
. 0
2
6
0 2
6
. 0
15
0
0 15
0
. 1
1
0
1 1
0
. 0
0
4
0 0
4
0
5
0
0 0
0
0
6
8
0 13
4
0
5
0
0 5
0
0
5
0
0 10
0
0
0
8
0 0
8
0
0
4
0 0
4
0
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0
0 ')
0
0
4
4
0 7
8
0
6
8
0 13
4
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
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6
8
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6
8
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6
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4
0
6
8
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
0
6
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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
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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
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
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0
2
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. 0
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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
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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
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8
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6
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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
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0
. 0 n
8
0 6
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0
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0 13
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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
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8
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8
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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
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6
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0
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0
. 0 (5
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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
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1
1
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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
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8
0
13
4
. 0
13
4
0
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4
. 0
3
6
0
5
6
. 0
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'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
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6
8
0
6
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1
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6
8
0
6
8
0
6
8
0
6
8
0
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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
0 2 4
0 I 2
0 4 0
Higher Scale.
Jb $. d.
0 G
1 1
0 3
0 2
0 0
0 3
0 0
0 6 8
0 7 0
0 2 4
0 1 0
0 6 8
0 2 6
0 2 0
0 2 4
0 12
0 4 0
0 0 8
0 13 4
0 0
0 4
0 13
0 4
0 5
0 4
0 13
0 6 8
738 APPENDIX IIT.
Lower Scale. Higher Scale.
X. s. d, £, s. d.
0
G
8
0 13
4
0
2
0
0 3
0
0
2
0
0 2
0
0
4
6
0 5
6
0
4
6
0 5
G
0
4
G
0 5
6
0 G 8 0 6 8
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
6
8
0
6
8
0
0
6
0
0
6
0
3
G
0
3
6
0
5
0
0
5
0
0
3
0
0
3
0
0 6 8 0 6 8
0
o
6
0
3
6
0
2
0
0
2
0
0
1
0
0
2
0
0
1
0
0
2
0
0
1
0
0
2
0
0
1
0
0
2
0
0
4
0
0
4
0
0
2
6
0
2
6
0
2
6
0
2
G
0
2
G
0
'2
G
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
0
8
0
G
8
0
0
8
0
0
8
0
0
5
0
0
5
0
0
G
0
0
G
0
3
4
0
3
4
0
9
0
0
9
0
0
6
8
0
13
4
0
1
8
0
1
8
0
3
0
0
5
0
0
9
0
0
9
0
0
G
8
0
13
4
1
0
0
1
0
0
0
13
4
0
13
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
1
0
0
2
0
0
3
0
0
3
6
0
4
6
0
0
4
0
0
4
0
6
8
0
6
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
0 1 4
0 6 8
()
0 1
0 2
0 1
0 0
0 4
0 0 8
0 6 8
0 4 0
0 1 4
0 6 8
0 1 6
0 2 0
0 1 4
0 0 8
0 4 0
0 6 8
0 6 8
0 6 0
0 2 0
0 6 8
0 1
0 2
0 2
0 1
0 4
6
0
0
0
0
0 6 8
0 18 0
0 6 0
0 ,3 6
0 6 0
0 6 8
0 4 0
0 13 4
0 6 8
1 4 0
0 6 8
0 1
0 0
0 4
0 6
0 4
0 1
0 6
0 1
0 2
0 1
0 0
0 4
0
8
0
4
6
0
0 1 4
0 0 8
0 13 4
0 6 8
0 6 0
0 2
0 6
0 1
0 2
0 2
0 1
0 4
0 6
0 18 0
0 6 0
0 3 6
0 6 0
0 13 4
0 4 0
1 1 0
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
5
4
0
2
0
0
2
0
0
3
6
0
3
6
0
2
0
0
2
0
0
1
4
0
1
4
0
0
8
0
0
8
0
6
8
0
13
4
0
2
8
0
2
8
0
4
0
0
4
0
0
13
4
0
13
4
0
1
4
0
1
4
0
3
0
0
5
0
0
4
0
0
4
0
0
6
8
0
13
4
0
5
4
0
5
4
0
1
6
0
1
6
0
6
8
0
6
8
0
5
0
0
5
0
0
6
8
0
6
8
0
5
0
0
5
0
0
12
0
0
12
0
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
6
8
0
6
8
0
6
8
0
6
8
0
15
0
0
15
0
0
10
6
1
1
0
. 0
9
8
0
9
8
. 0
9
8
0
9
8
. 0
8
4
0
8
4
. 0
8
4
0
8
4
. 0
3
0
0
3
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
0 0 4
0 0 4
0 0 4
0 0 8
0 0 8
0 0 4
0 0 4
0 0 4
0 6 8
0 0 8
0
G
0
0
6
0
0
3
4
0
6
8
1
3
6
1
3
6
0
2
0
0
2
0
0
4
0
0
4
0
0
6
8
0
6
B
0
1
0
0
1
0
0
0
4
0
0
4
0
1
0
0
1
0
0
G
8
0
6
8
0
2
6
0
2
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
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.
£
s.
(?.
£
s.
d.
0
0
4
0
0
4
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
6
8
0
G
8
0
I
G
0
1
G
0
0
4
0
0
4
0
2
0
0
2
0
0
0
2
0
0
2
0
4
0
0
4
0
3
0
0
3
0
0
2
0
0
2
0
0
0
4
0
0
4
0
0 0 4 0 0 4
0 0 4 0 0 4
0 0 4 0 0 4
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
0
6
8
0 6
8
0
2
4
0 2
4
0
4
0
0 4
0
0
6
8
0 13
4
0
3
6
0 3
6
0
4
0
0 4
0
0
3
0
0 5
0
0
(J
8
0 13
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
0
6
8
0
13
4
0
2
4
0
2
4
0
6
8
0
G
8
0
0
8
0
0
8
0
4
G
0
5
6
0
4
G
0
5
G
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
10 6
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
0
5
8
0
5
8
0
2
0
0
.2
0
0
2
10
0
2
10
0
3
0
0
3
0
0
16
8
0
16
8
0
6
8
0
6
8
2
4
6
2
4
6
0
3
4
0
6
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
3
6
0
3
6
0
3
G
0
3
6
iJentifviiig
0
6
8
0
6
8
0
4
0
0
4
0
0
1
4
0
1
4
0
1
0
0
1
0
in to .
0
3
6
0
3
6
0 6
8
0 G
0 10
0
0 10
0 G
8
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.
0
2
0
0
5
0
0
0
4
0
0
4
0
2
G
0
2
G
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
«
8
0
G
8
0
(i
8
0
G
8
1
(1
(1
2
0
0
0
G
8
0
G
8
0
<;
s
0
G
8
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.
£
«.
d.
0
4
0
0
4
0
0
2
6
0
2
6
1
1
0
2
2
0
0
1
0
0
1
0
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
4
0
0
4
0
(j
8
0
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8
.3
5
6
3
5
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0
6
8
0
G
8
2
4
6
2
4
6
0
G
8
0
6
8
2
9
6
2
9
6
0
3
4
0
6
8
1
3
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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
G
8
0
G
8
1
1
0
2
2
0
0
1
0
0
1
0
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
4
0
0
4
0
6
8
0
6
8
3
5
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3
5
6
0
6
8
0
6
8
2
4
6
2
4
G
0
G
8
0
G
8
2
9
G
2
9
6
0
3
4
0
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8
1
3
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1
3
6
Lower S<-alp.
HiKlicr Scale.
£ s.
(/.
JC I. </.
0 13
4
0 13 4
0 10
0
0 10 0
0 13
4
1 1 0
2 2
0
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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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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I/iwcr Scale.
Iliglicr Scale
£ s. <L
0 9 0
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0 3 G
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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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Ldwer Sc
alt'.
IIif,'hi'r Sea
lit-
£ .-'.
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£ s.
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0 6
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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 .
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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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0 (5 8
■2 U ()
(J 3 4
1 .3 C
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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.
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£ 8.
•al.-.
llinlicr Scale.
0 6
0 0
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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
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0
0 13
4
0
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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
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0
1
0
0
1
0
0
1
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0
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0
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0
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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
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0 1
0 0
0 1
0 6
0 1
0 1
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0 2 6
0 0 4
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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
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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 10 0 10
0
0
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0 0
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0
6
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0 13
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8 13
0
0
6
8
0 13
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11
0
6 11
0
0
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0 6
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0 6 8
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6
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10
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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
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1
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0
1 0 0
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0
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6
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0
6
8
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6
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6
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6
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15
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0
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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
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8
0
6
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1
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1
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1
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0
0
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0
4
0
6
8
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1
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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
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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
0
8
8
IC
.1.
<i.
0
(5
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
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5
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6
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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
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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
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0 13
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10
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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
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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
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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
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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
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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
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0
6
0
6
8
0
16
0
0
3
6
0
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6
8
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10
6
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5
4
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2
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0
2
8
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13
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0
3
6
0
3
6
5
10
0
0
6
0
0
1
0
0
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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
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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
») Hi 0
1 0 0
0 (! H
(I (; K
■2 1 (i
0 (] 8
1 C. 0
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
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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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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
r,
s
0
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0
1
0
0
U
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0
2
(;
0
8
0
0
2
(J
0
4
0
0
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
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6
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0
6
8
0
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6
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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
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8
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8
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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
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8
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7
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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
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8
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»/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
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0
4
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8
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6
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0
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8
0
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0
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0
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0
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0
0
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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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13
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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
1
10
0
0
3
0
0
4
Ci
0
10
0
0
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0
0
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5
8
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8
2
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0
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8
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0
13
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0
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4
0
6
8
0
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4
0
1
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
0
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0
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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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Ilis ndi
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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
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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
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0
4
6
0
13
4
0
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0
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0
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iitoi' veiil'ying \
liis .secord
0
6
8
0
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0
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8
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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
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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
I
0
0
2
0
0
1
4
0
2
0
0
0
8
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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
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8
1
2
0
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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
0 1
0
0 1
<;
0 2
0
0
fi
8
0
1
0
0
0
4
0
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(1
1
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0
13
4
0
4
")
0
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 ....
0
1 0
0
'• 0
0
1 0
0
0
4
0
0
4
0
0
4
0
0
8
0
1
0
0
0
4
(1
r,
s
tt
1
0
91G
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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£ 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
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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 . . ...
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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
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If. •):
£ >.
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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.
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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
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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
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0
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
jr snuTHfn»;nFCio';Ai tmRARYrAciuTY
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