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 P ara Gold Min ing ( <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 ;
 
 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, 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, 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 ; 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, 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; 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, 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, 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 
 

 
 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 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, 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 witho ut any r e servati on, 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, 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, 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, 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 ''°''*'' 
 
 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, 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. 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, 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, 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 ^: \\ 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, 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, 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, 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, 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 
 
 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 . . . . . (3 8 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 . . . . 10 110 
 
 By tlie rules of 6tli April, 1880, writs of injunctiou 
 are abolished. 
 
 Or per folio 14 14 
 
 Writ of subpoena ad testificandum duces tecum . .068 (! 8 
 And if more than four folios, for each folio beyond four 14 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 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 7 10 
 
 And if more than four folios, for each folio beyond four 14 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 
 
 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 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 13 4 13 4 
 
 Copy for the Judge 2 2 
 
 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 
 10 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 
 
 ^ C i 
 
 Or '- ■' ' ' ' iH)t.t . . . . u I •", 1 
 
 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, 
 
 «• 1 
 
 */i : thr Jn If^'.'fi C'l:.injVcni for 
 
 .010 O 2 
 Or . I u 4 
 
 A^ r 
 
 ! to 
 
 . aiivl to ci^iilnLutvncA to 
 
 A I. 1> notice to 
 
 .! orxlcr for a 
 
 ■ 1 . . . 
 
 All n ronlributorien 
 
 10 10 
 
 U I U ti I o 
 
 10 o I 
 
 ft,- d notice to acne, i)or 
 
 f .001004 
 
 f . . , .ad 
 
 , I O I 
 
 For J . , „ ICO or atluiJl, and one copy 6 7 
 
 • ««• 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 
 
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 I' . . ._. .^.. . nt,tic« of motiun . . .OS 
 
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 Or t^TT^ f-illoi, for 
 
 , .01 
 
 j^i »h»«N« O O 
 
 O; 
 
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 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 
 
 
 
 
 
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 If rnt. r>.l it . • ti; .. f <r m fv iLaS OM pCTlun. ' 
 
 If 
 
 
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 lam *A « 
 
 mnccnuya. 
 
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 Uatwiittp* 
 
 
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 14 
 
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 6 
 
 8 
 
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 6 
 
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 6 
 
 8 
 
 6 
 
 8 
 
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 4 
 
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 6 
 
 8 
 
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 582 APPENDIX I. 
 
 Lower Scale. Higher Scale. 
 
 £ s. d. £ s. (L 
 
 For joinder of issue witliout other matter, and for 
 
 demurrer 068 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 
 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 
 
 
 
 10 
 
 
 
 1 1 
 
 
 
 
 
 1 
 
 
 
 1 
 
 
 
 
 
 5 
 
 
 
 10 
 
 
 
 
 
 1 
 
 
 
 1 
 
 
 
 
 
 5 
 
 
 
 1 1 
 
 
 
 
 
 1 
 
 
 
 1 
 
 
 
 
 
 5 
 
 
 
 10 
 
 
 
 
 
 1 
 
 
 
 1 
 

 
 
 
 1 
 
 
 
 1 
 
 
 
 
 
 6 
 
 8 
 
 10 
 
 
 
 
 
 1 
 
 
 
 1 
 
 
 
 
 
 G 
 
 8 
 
 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 . '. () 2 •' 
 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 . . . . ] 
 
 1 1
 
 584 APPENDIX I, 
 
 Lower Scale. Higher Scale. 
 £ s. d. & £. d. 
 
 1 
 
 5 
 
 4 
 
 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 . . . G 8 13 4 
 
 Ofperfolio 000 00^ 
 
 Of amendment of any such pleading in writing . . G 8 G 
 
 Or per folio 
 
 If same reprinted 
 
 Or per folio of amendment . . . . 
 
 Of interrogatories to he answered by a party by his 
 
 solicitor^ . G 8 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 
 
 4 
 
 G 8 G 8 
 
 4 
 
 6 8 13 4 
 
 4 
 
 G 8 13 4 
 
 4 
 
 G 8 13 4 
 
 4 
 
 G 8 13 4 
 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. 
 
 G 8 
 
 K 
 
 (I. 
 
 4 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 
 
 
 
 6 
 
 8 
 
 
 
 13 
 
 4 
 
 
 
 3 
 
 4 
 
 
 
 G 
 
 8 
 
 
 
 G 
 
 8 
 
 
 
 13 
 
 4 
 
 
 
 G 
 
 8 
 
 
 
 G 
 
 8 
 
 
 
 G 
 
 8 
 
 
 
 13 
 
 4 
 
 
 
 G 
 
 8 
 
 
 
 6 
 
 8 
 
 
 
 G 
 
 8 
 
 
 
 G 
 
 8 
 
 
 
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 8 
 
 
 
 6 
 
 8 
 
 
 
 G 
 
 S 
 
 
 
 G 
 
 8 
 
 
 
 13 
 
 4 
 
 
 
 13 
 
 4 
 
 2 
 
 2 
 
 
 
 2 
 
 2 
 
 
 
 
 
 
 
 
 
 3 
 
 3 
 
 
 
 
 
 G 
 
 8 
 
 
 
 G 
 
 8 
 
 
 
 G 
 
 S 
 
 
 
 G 
 
 8 
 
 1 
 
 1 
 
 u 
 
 1 
 
 1 
 
 
 
 G 8 G 8 
 
 
 
 3 
 
 4 
 
 
 
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 8 
 
 
 
 (J 
 
 8 
 
 
 
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 8 
 
 
 
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 8 
 
 
 
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 4 
 
 
 
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 1 
 
 
 
 
 
 
 
 
 
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 2 
 
 
 
 
 
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 8 
 
 
 
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 2 
 

 
 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 6 8 10 
 
 On same when heard 0134 110 
 
 Or according to circumstances not to exceed . _ . .110 2 2 
 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 10 10 
 
 When heard or tried 0134 110 
 
 Or according to circumstances 2 2 2 2 
 
 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 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 6 8 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 6 8 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. 
 
 
 
 8 
 
 6 8 
 
 6 
 
 8 
 
 8 
 
 13 
 
 4 
 
 13 4 
 
 
 
 4 
 
 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 
 
 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 
 
 Attending bespeaking manuscript of accounts . .068 
 
 Paid for olhce copy, certificate of payment in, at per folio 6 
 
 Drawing request to Paymaster- General to lay out cash . 2 6 
 
 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 15 15 
 
 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. 
 
 6 6 
 
 
 
 13 
 
 4 
 
 
 
 13 
 
 4 
 
 1 
 
 1 
 
 
 
 1 
 
 1 
 
 
 
 
 
 
 
 
 
 2 
 
 2 
 
 
 
 
 
 
 
 
 
 3 
 
 3 
 
 
 
 
 
 
 
 6 
 
 
 
 
 
 6 
 
 
 
 2 
 
 6 
 
 
 
 2 
 
 6 
 
 
 
 6 
 
 8 
 
 
 
 6 
 
 8 
 
 
 
 6 
 
 8 
 
 
 
 6 
 
 8 
 
 
 
 6 
 
 8 
 
 
 
 6 
 
 8 
 
 6 
 
 8 
 
 6 
 
 8 
 
 
 
 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. 
 
 6 8 
 
 2 C 
 
 Higher 
 
 Scale. 
 
 s. ((. 
 
 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. 
 
 
 
 
 
 10 
 
 6 to 1 
 
 1 
 
 
 
 
 
 5 
 
 „ 
 
 7 
 
 6 
 
 
 
 1 
 
 1 
 
 
 
 1 
 
 1 
 
 „ 3 
 
 3 
 
 
 
 
 
 7 
 
 6 „ 
 
 15 
 
 
 
 
 
 5 
 
 „ 1 
 
 
 
 
 
 
 
 10 
 
 „ 1 
 
 1 
 
 
 
 
 
 5 
 
 „ 
 
 10 
 
 
 
 
 
 3 
 
 „ 
 
 7 
 
 6 
 
 1 
 
 1 
 
 „ 3 
 
 3 
 
 
 
 
 
 
 
 1 
 
 
 
 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 
 
 3 3 
 
 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 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. 
 
 
 
 5 
 
 
 
 
 
 10 
 
 
 
 
 
 
 
 2 
 
 2 
 
 10 
 
 G 
 6 
 
 
 
 
 
 
 1 
 
 2 
 2 
 
 
 
 G 
 G 
 
 
 
 
 
 2 
 6 
 
 6 
 
 
 
 
 
 5 
 10 
 
 
 
 
 
 
 
 
 
 5 
 1 
 1 
 
 2 
 
 
 
 
 
 
 
 
 
 
 
 10 
 5 
 5 
 3 
 
 
 
 
 
 
 5 
 
 1 
 
 
 
 
 
 1 
 
 
 
 
 
 5 
 1 
 
 
 
 
 5 
 
 
 
 
 
 APPEARANCES. 
 
 On entering an appearance for each person . 
 
 .020 020 
 
 4 
 
 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 
 
 4 
 
 2 
 
 6 6 
 
 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 10
 
 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 1 
 
 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. 
 
 10 16 
 1 
 
 10 10 
 2 2 
 
 of execution with return .... 
 On filing a scheme pursuant to the statute 30 *& 31 
 
 Vict., c. 127, or the Liquidation Act, 18G8 . .10 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 . ' 
 
 10 4 
 
 10 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 . ' 9 n n 9 r 
 
 Not exceeding one day . • • t» ^ b 2 6 
 
 EXAMINATION OF WITNESSES. 
 
 For every witness sworn and examined bv an examiner 
 . or other officer m his office, including oath, for each 
 
 10 10 
 
 10 10
 
 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 () 2 
 
 For a certificate of an associate of the result of trial .10 10 
 
 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 10 10 
 
 Yov drawing up and entering any otlier order, Avhether 
 
 made in Court or at Cliamber.s 3 5 
 
 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 G 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 . 2 4 
 
 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. 
 
 5 10 
 
 5 
 
 10 
 
 
 
 10 
 
 10 
 
 
 
 10 
 
 1 
 
 
 
 more than one name'may have to he registered . .026 026 
 
 For re-registering same 010 010 
 
 For a search for each name 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 
 
 10 10 
 
 MISCELLANEOUS. 
 
 On a report of a Private Bill in Parliament . . .500 500 
 On an allowance of bye-laws or table of fees . .10 10 
 
 On a fiat of a Judge 050 050 
 
 On signing an advertisement 10 
 
 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 . _ . 10 10 
 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 10 
 
 On taking a recognizance or bond . . . . 10 10 
 
 On taking bail, and taking same ofFthe file and delivering 2 2 
 
 On a commitment 050 050 
 
 On an application to produce Judge's notes . . .050 050 
 On appointment of commissioners inderglebe exchange 10 10 
 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. 
 
 
 d. 
 
 
 
 5 
 
 s. 
 
 
 
 
 
 
 
 2 
 
 G 
 
 
 
 2 
 
 
 
 
 
 3 
 
 
 
 
 
 3 
 
 
 
 
 
 2 
 
 
 
 
 
 2 
 

 
 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 ..••-' ^' *^ 6 8 
 
 Drawing and engrossing affidavit of service, at per folio . 10 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. 
 
 
 
 6 
 
 K 
 
 13 4 
 
 
 
 5 
 
 
 
 
 
 
 
 6 
 
 8 
 
 13 4 
 
 
 
 5 
 
 
 
 5 
 
 
 
 3 
 
 4 
 
 6 8 
 
 1 
 
 3 
 
 6 
 
 1 3 6 
 
 
 
 5 
 
 
 
 10 
 
 
 
 
 
 8 
 
 8 
 
 
 
 
 
 4 
 
 4 
 
 
 
 5 
 
 
 
 5 
 
 
 
 1 
 
 
 
 1 
 
 4 4 
 
 Paid filin- atfidavit 020 020 
 
 Paid, fur office copy at per folio 
 
 (Xo charge for searching appearance is allowed now). 
 
 2 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.* '. ' ^ 2 
 1 aid i.riiiter's charges (ininr.s £ , the amount receive.l 
 
 tor copies) ..... 
 Copy statement of claim to deliver at per fulio " ' « 'i 
 Attending to deliver, ciich copy at . . ' 3 4 G 8 
 
 Attending summons fur time, to deliver statement of 
 
 delence when order made , 0G8 0G8 
 
 Lower Scalo. 
 
 Uigh 
 
 er Scale. 
 
 £ s. (/. 
 
 £ 
 
 s. a. 
 
 13 4 
 
 2 
 
 2 
 
 10 
 
 1 
 
 1 
 
 1 
 
 
 
 1 
 
 4 
 
 
 
 4 
 
 G 8 
 
 
 
 G 8 
 
 2 4 (i 
 
 2 
 
 4 G 
 
 3 
 
 
 
 G 8 
 
 2 
 
 
 
 3 
 
 2 
 
 
 
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 1 
 
 
 
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 4 
 
 
 
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 2 6 
 
 G 8 
 
 
 
 G 8 
 
 3 
 
 
 
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 G 8 
 
 
 
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 3 
 
 
 
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 2 
 
 
 
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 2 
 
 
 
 2 
 
 
 
 
 
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 1 
 
 
 
 2 
 
 4 
 
 
 
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 2 G 
 
 
 
 3 G 
 
 3 
 
 
 
 5 
 
 G 8 
 
 
 
 G 8 
 
 (5 8 
 
 13 4 
 
 2 G 
 
 
 
 2 G 
 
 4 
 
 
 
 4 
 
 4 4 
 4 4
 
 'PENDIX III. 
 
 
 
 
 Lower Scale. 
 
 Higlier Scale. 
 
 
 £, s. d. 
 
 £, s. d. 
 
 
 .068 
 
 13 4 
 
 ' 
 
 .000 
 
 4 
 
 * 
 
 .002 
 
 3 
 
 * 
 
 .004 
 
 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 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) 
 
 
 
 5 
 
 
 
 10 
 
 
 
 
 
 1 
 
 
 
 1 
 
 
 
 
 
 3 
 
 4 
 
 G 
 
 8 
 
 1 
 
 3 
 
 G 
 
 1 3 
 
 C 
 
 4 4 
 
 
 
 3 
 
 4 
 
 
 
 6 
 
 8 
 
 1 
 
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 2 3 
 
 
 
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 8 
 
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 8 
 
 
 
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 "0 G 
 
 
 
 
 
 
 
 
 
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 8 
 
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 5 
 
 
 
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 g
 
 plaintiff's bill of costs inaction in which issue is joined. G05 
 
 Sittings fee . 
 
 If agency, letters, &c. 
 
 Lower .Scale. IIit;hcr Scale. 
 
 £ s. il. .C s. (/. 
 
 15 15 
 
 G 
 
 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 a i dmiai > :ti'ation 3 "^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 adminiotration s <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 .... 
 
 
 
 G 
 
 8 
 
 
 
 13 
 
 4 
 
 
 
 4 
 
 
 
 
 
 4 
 
 
 
 
 
 2 
 
 G 
 
 
 
 2 
 
 G 
 
 
 
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 8 
 
 
 
 6 
 
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 8 
 
 
 
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 5 
 
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 8 
 
 
 
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 8 
 
 
 
 5 
 
 
 
 
 
 7 
 
 G 
 
 
 
 
 
 8 
 
 
 
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 4 
 
 
 
 
 
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 4 
 
 
 
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 G 
 
 
 
 5 
 
 
 
 
 
 7 
 
 G 
 
 
 
 
 
 8 
 
 
 
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 4 
 
 
 
 
 
 4 
 
 
 
 
 
 4 
 
 
 
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 G 
 
 
 
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 G 
 
 
 
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 8 
 
 
 
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 8 
 
 
 
 
 
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 8 
 
 
 
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 8 
 
 
 
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 8 
 
 
 
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 8 
 
 
 
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 4 
 
 
 
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 8 
 
 
 
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 8 
 
 
 
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 8 
 
 
 
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 8 
 
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 jOWi 
 
 er Scale. 
 
 Higher Scale. 
 
 £ 
 
 .<:. 
 
 d. 
 
 £ 
 
 s. d. 
 
 
 
 
 
 4 
 
 
 
 4 
 
 
 
 2 
 
 
 
 
 
 2 
 
 
 
 
 
 2 
 
 
 
 2 
 
 
 
 
 
 4 
 
 
 
 4 
 
 
 
 
 
 2 
 
 
 
 2 
 
 
 
 4 
 
 
 
 
 
 4 
 
 
 
 2 
 
 6 
 
 
 
 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 
 
 
 
 
 
 4 
 
 
 
 
 
 4 
 
 
 
 
 
 4 
 
 
 
 
 
 4 
 
 
 
 
 
 4 
 
 
 
 
 
 4 
 
 
 
 
 
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 4 
 
 
 
 
 
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 6 
 
 
 
 5 
 
 
 
 
 
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 5 
 
 
 
 
 
 5 
 
 
 
 
 
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 8 
 
 
 
 6 
 
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 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. 
 
 3 G 
 3 G 
 
 G 8 
 
 1 {) 
 
 G 8 
 
 2 4 6 
 
 Higher Scale. 
 £ s. d. 
 
 
 3 
 
 G 8 
 
 I 
 
 G 8 
 
 2 4 G 
 
 4 
 
 3 G 
 
 C 8 G 8 
 6 8 6 8 
 
 
 
 
 
 4 
 
 
 
 
 
 4 
 
 
 
 
 
 4 
 
 
 
 
 
 4 
 
 
 
 
 
 2 
 
 
 
 
 
 3 
 
 
 
 1 
 
 
 
 
 
 5 
 
 
 
 
 
 
 
 4 
 
 
 
 
 
 4 
 
 
 
 
 
 4 
 
 
 
 
 
 4 
 
 
 
 
 
 2 
 
 
 
 
 
 3 
 
 
 
 1 
 
 
 
 
 
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 4 
 
 
 
 
 
 4 
 
 
 
 
 
 4 
 
 
 
 
 
 4 
 
 
 
 
 
 4 
 
 
 
 
 
 4 
 
 
 
 
 
 2 
 
 
 
 
 
 3 
 
 
 
 
 
 4 
 
 
 
 
 
 4 
 
 
 
 
 
 2 
 
 
 
 
 
 3 
 
 
 
 
 
 4 
 
 
 
 
 
 4 
 
 
 
 6 
 
 8 
 
 
 
 G 
 
 8 
 
 I 
 
 
 
 
 
 2 
 
 
 
 
 
 
 
 G 
 
 8 
 
 
 
 G 
 
 8 
 
 
 
 G 
 
 8 
 
 
 
 G 
 
 8 
 
 1 
 
 1 
 
 
 
 2 
 
 2 
 
 
 
 
 
 I 
 
 
 
 
 
 1 
 
 
 
 
 
 
 
 4 
 
 
 
 
 
 4 
 
 
 
 
 
 4 
 
 
 
 
 
 4 
 
 
 
 
 
 2 
 
 
 
 
 
 3
 
 Low 
 
 er Scale. 
 s. cl. 
 
 Higher Sci 
 £, s. 
 
 lie. 
 
 d. 
 
 
 
 
 
 1 
 
 
 
 
 
 4 
 4 
 
 
 
 
 
 5 
 
 
 
 
 4 
 
 4 
 
 
 
 
 
 2 
 
 
 
 
 
 3 
 
 
 
 
 
 
 
 
 2 
 4 
 
 
 
 
 
 
 
 3 
 
 4 
 
 
 
 
 
 
 
 2 
 4 
 
 
 
 
 
 
 
 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 4 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 
 
 
 
 
 
 4 
 
 
 
 4 
 
 
 
 6 
 
 8 
 
 13 
 
 4 
 
 11 
 
 
 
 
 
 11 
 
 
 
 
 
 6 
 
 8 
 
 13 
 
 4 
 
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 6 
 
 8 
 
 6 
 
 8 
 
 2 
 
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 6 
 
 2 9 
 
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 3 
 
 4 
 
 
 
 8 
 
 1 
 
 3 
 
 6 
 
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 6 
 
 
 
 13 
 
 4 
 
 13 
 
 4 
 
 3 
 
 2 
 
 6 
 
 
 
 
 
 3 
 
 2 
 
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 3 
 
 2 
 
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 3 
 
 2 
 
 G 
 
 
 10 
 13 
 2 2 
 15 
 G 
 
 
 4 
 
 
 
 
 
 
 1 
 
 2 
 
 
 
 10 
 1 
 2 
 
 15 
 6 
 
 
 
 
 
 
 
 6 
 
 2 4 
 
 8 
 
 c 
 
 
 
 2 
 
 6 
 
 4 
 
 8 
 6
 
 Lower Scale. 
 
 Higher Scale. 
 
 & s. 
 
 d. 
 
 i; 
 
 s. 
 
 d. 
 
 3 
 
 4 
 
 
 
 C, 
 
 8 
 
 1 3 
 
 G 
 
 1 
 
 3 
 
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 13 
 
 4 
 
 1 
 
 1 
 
 (» 
 
 2 2 
 
 
 
 2 
 
 2 
 
 
 
 
 
 8 
 
 
 
 
 
 8 
 
 
 
 4 
 
 
 
 
 
 4 
 
 4 
 
 
 
 
 
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 2 
 
 6 
 
 
 
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 6 
 
 6 
 
 8 
 
 
 
 13 
 
 4 
 
 1 1 
 
 
 
 3 
 
 3 
 
 
 
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 4 
 
 
 
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 8 
 
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 2 
 
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 8 
 
 
 
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 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 . . ' G 8 G 8 
 
 Drawing Ijill of costs and cojiy, folio , and summary 
 
 ^folio , together folio ", at per folio . . "^.0 8 8 
 Warrant on leaving copy and service . . . . 4 (> 5 G 
 
 The like on the other solicitois 2 G 2 G 
 
 Warrant to tax, copy and service 4(5 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 . 2 G 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 
 
 2 
 
 
 
 2 
 
 
 
 
 
 
 
 J 
 
 
 
 G 
 
 8 
 
 6 
 
 8 
 
 3 
 
 
 
 3 
 
 
 
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 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. 
 
 
 
 1 
 
 
 
 1 
 
 
 
 
 
 4 
 
 4 
 
 
 
 G 
 
 8 
 
 6 8 
 
 3 
 
 5 
 
 G 
 
 3 5 G 
 
 
 
 G 
 
 8 
 
 G 8 
 
 2 
 
 4 
 
 G 
 
 2 4 6 
 
 
 
 G 
 
 8 
 
 6 8 
 
 2 
 
 9 
 
 G 
 
 2 9 6 
 
 
 
 3 
 
 4 
 
 6 8 
 
 1 
 
 3 
 
 6 
 
 1 3 6 
 
 
 
 13 
 
 4 
 
 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. 
 
 (/. 
 
 
 
 6 
 
 8 
 
 13 
 
 4 
 
 
 
 5 
 
 
 
 
 
 
 
 G 
 
 8 
 
 G 
 
 8 
 
 
 
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 8 
 
 G 
 
 8 
 
 
 
 1 
 
 
 
 2 
 
 
 
 
 
 2 
 
 
 
 -2 
 
 
 
 
 
 4 
 
 
 
 4 
 
 
 
 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 
 
 
 
 n 
 
 8 
 
 
 
 13 
 
 4 
 
 
 
 4 
 
 
 
 
 
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 8 
 
 
 
 13 
 
 4 
 
 
 
 3 
 
 
 
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 5 
 
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 8 
 
 
 
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 8 
 
 
 
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 3 
 
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 3 
 
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 6 
 
 8 
 
 U G 8 
 
 13 
 
 4 
 
 
 
 
 4 
 
 2 
 
 
 
 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 4 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 02 030 
 
 IMaking copy for Chamhers 020 020 
 
 The like for service 010 020 
 
 Service on plaintiff's solicitor 2 6 2 6 
 
 Attending summons when order made . . . .068 068 
 
 Paid for order 3 5 
 
 Attending for order, and attending to enter same . .068 068 
 
 Instruction fur statement of defence . . . .068 13 4 
 
 Drawing same 050 0100 
 
 Orperiolio .010 010 
 
 Drawing statement of defence and counter claim . .050 110 
 
 Or per folio 10 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 2 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 4 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 8 13 4 
 
 Or per folio of amendments 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 . . . 04 004 
 
 If defence amended charge. 
 
 Instructions to amend same 068 13 4 
 
 Drawing amendments 5 10 
 
 Or per folio . .• 1 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. ,'. 
 
 
 
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 4 
 
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 614 APPENDIX III. 
 
 Lower Scale. Hiuliei" Scale. 
 
 £ s. d 
 
 £ s. 
 
 d. 
 
 6 8 
 
 13 
 
 4 
 
 8 
 
 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.) 
 
 
 
 6 
 
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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. 
 
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 Iliglicr Haxle. 
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 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 
 
 G 8 8 
 
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 1
 
 Lower Scale. 
 £ s. d. 
 4 
 4 
 
 Hiijher Scale. 
 £ s. d. 
 4 
 4 
 
 1 
 
 
 
 
 
 4 
 
 
 
 
 
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 5 
 
 
 
 
 
 
 
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 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 
 
 
 
 4 
 
 
 
 4 
 
 6 
 
 8 
 
 13 
 
 4 
 
 7 12 
 
 
 
 7 12 
 
 
 
 6 
 
 8 
 
 13 
 
 4 
 
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 5 10 
 
 
 
 6 
 
 8 
 
 6 
 
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 6 
 
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 3 
 
 4 
 
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 8 
 
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 1 3 
 
 6 
 
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 4 
 
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 10 
 
 
 
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 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. 
 
 4 
 
 4 
 
 G 8 
 
 V.i 4 
 
 1 1 
 
 3 .3 
 
 G 8 
 
 13 4 
 
 Lower Scale. 
 
 Higher Scale. 
 
 £ s. d. 
 
 £ s. d. 
 
 4 
 
 4 
 
 3 
 
 G 8 
 
 2 
 
 3 
 
 2 
 
 2 
 
 3 G 
 
 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 ' 
 
 ]\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 . . 13 4 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,) . 
 

 
 Lower Scale. 
 £ s. il. 
 
 3 7 
 
 H 
 
 igher Scale. 
 £ s. d. 
 
 3 7 
 
 3 6 
 3 7 
 
 
 3 6 
 3 7 
 
 
 
 1 
 
 
 
 
 
 1 
 
 
 
 
 
 
 
 4 
 
 
 
 
 
 4 
 
 
 
 1 
 
 
 
 
 
 1 
 
 
 
 
 
 5 
 
 
 
 
 
 5 
 
 
 
 
 
 1 
 
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 1 
 
 6 
 
 
 
 1 
 
 
 
 
 
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 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 . . . " G 8 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 6 8 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 2 6 2 
 
 (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 .... 
 
 
 
 
 
 4 
 
 
 
 
 
 4 
 
 
 
 2 
 
 
 
 
 
 2 
 
 
 
 
 
 
 
 2 
 
 
 
 
 
 2 
 
 
 
 4 
 
 
 
 
 
 4 
 
 
 
 1 
 
 1 
 
 4 
 
 4
 
 Lower Scale. 
 
 £, 8. d. 
 
 5 
 
 Higher Scale. 
 M, ». ./. 
 5 
 
 3 
 
 r, 
 
 
 
 3 G 
 
 3 
 
 G 
 
 
 
 3 G 
 
 1 
 
 
 
 
 
 1 
 
 (J 1 
 
 
 
 
 
 1 I) 
 
 () 
 
 4 
 
 
 
 4 
 
 2 
 
 G 
 
 
 
 2 G 
 
 2 
 
 
 
 
 
 2 
 
 
 
 4 
 
 () 
 
 4 
 
 
 
 ■2 
 
 
 
 2 
 
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 8 
 
 
 
 13 4 
 
 
 
 1 
 
 
 
 G 8 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 ] ! G 8 
 
 Every two when it is the lower scale . . . ! 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 . . . . 4 4 
 
 If agency, at per folio . . . . [ ' ." 4 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 ' ' 15 15 
 
 If agency, letters, &c. . . . [ [ [ ! G G 
 
 ,„^„ ,, 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 
 
 2 G 2 6 
 
 
 
 
 
 4 
 
 
 
 
 
 4 
 
 
 
 
 
 4 
 
 
 
 
 
 4 
 
 
 
 
 
 4 
 
 
 
 
 
 4
 
 Lower Scale. 
 £ s. d. 
 4 
 4 
 4 
 4 
 
 Higher Scale. 
 £ s. d. 
 
 4 
 4 
 4 
 4 
 
 
 
 
 4 
 4 
 
 
 
 
 4 
 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 
 
 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 G 8 G 
 
 (This charge can be increased according to the 
 length of the attendance.) 
 
 
 
 
 
 6 
 
 
 
 
 
 6 
 
 
 
 G 
 
 8 
 
 
 
 G 
 
 8 
 
 
 
 G 
 
 8 
 
 
 
 G 
 
 8 
 
 
 
 
 
 4 
 
 
 
 
 
 4 
 
 
 
 
 
 2 
 
 
 
 
 
 2 
 
 
 
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 8 
 
 
 
 13 
 
 4 
 
 
 
 2 
 
 
 
 I) 
 
 3 
 
 
 
 
 
 2 
 
 
 
 
 
 2 
 
 
 
 
 
 1 
 
 
 
 
 
 2 
 
 
 
 
 
 
 
 4 
 
 
 
 
 
 4 
 
 
 
 2 
 
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 2 
 
 6 
 
 
 
 15 
 
 
 
 
 
 15 
 
 
 
 
 
 G 
 
 
 
 
 
 G 
 
 
 
 
 
 2 
 
 G 
 
 
 
 2 
 
 G 
 
 
 
 G 
 
 8 
 
 
 
 6 
 
 8 
 
 1 
 
 
 
 
 
 2 
 
 
 
 
 
 
 
 4 
 
 
 
 
 
 4 
 
 
 
 
 
 2 
 
 G 
 
 
 
 2 
 
 G 
 
 
 
 1 
 
 
 
 
 
 1 
 
 
 
 
 
 3 
 
 4 
 
 
 
 6 
 
 8 
 
 1 
 
 3 
 
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 1 
 
 3 
 
 6 
 
 
 
 
 
 4 
 
 
 
 
 
 4 
 
 
 
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 8 
 
 
 
 6 
 
 8
 
 
 
 
 
 4 
 
 
 
 
 
 4 
 
 
 
 2 
 
 
 
 
 
 2 
 
 
 
 
 
 
 
 4 
 
 
 
 
 
 4 
 
 
 
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 8 
 
 
 
 6 
 
 8 
 
 
 
 
 
 4 
 
 
 
 
 
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 4 
 
 
 
 
 
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 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 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.) 
 
 
 
 1 
 
 
 
 
 
 1 
 
 
 
 
 
 
 
 4 
 
 
 
 
 
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 5 
 
 10 
 
 
 
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 10 
 
 
 
 
 
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 t) 
 
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 3 
 
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 8 
 
 
 
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 8 
 
 
 
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 8 
 
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 2 
 
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 6 
 
 
 
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 8 
 
 
 
 6 
 
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 3 
 
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 4 
 
 
 
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 8 
 
 
 
 13 
 
 4 
 
 
 
 13 
 
 4 
 
 
 
 10 
 
 
 
 
 
 10 
 
 
 
 
 
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 8 
 
 
 
 10 
 

 
 it 
 
 er Scale. 
 s. d. 
 
 Higher Scale. 
 £ s. d. 
 
 
 
 1 
 
 13 
 1 
 
 4 
 
 
 1 
 
 2 
 
 1 
 
 2 
 
 
 
 
 
 G 
 
 
 8 
 4 
 
 
 
 
 6 8 
 4 
 
 
 
 
 
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 2 
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 1 
 
 
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 13 4 
 
 3 
 
 
 
 6 
 
 8 
 
 
 
 6 
 
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 4 
 
 
 
 
 
 4 
 
 
 
 
 
 4 
 
 
 
 
 
 8 
 
 
 
 
 
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 4 
 
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 5 
 
 6 
 
 
 
 4 
 
 6 
 
 
 
 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 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 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 '. ..... 8 6 8 
 
 Attending the Paymaster-General with direction for 
 
 sale of the fund 0G8 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 15 15 
 
 
 
 6 
 
 8 
 
 
 
 6 
 
 8 
 
 
 
 2 
 
 
 
 
 
 2 
 
 
 
 
 
 
 1 
 
 
 
 
 
 
 
 6 
 
 8 
 
 
 
 6 
 
 8 
 
 
 
 3 
 
 
 
 
 
 3 
 

 
 riJECEDENT OF DEFENDANT'S BILL OF Cu.STS AFTER DECREE. 023 
 
 Lower iSriilo. Higher Hcalc 
 il 1. <l. iC I. </. 
 
 It agency, letters, tkc. . . . . . . . G U 
 
 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 
 
 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 
 
 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 ..... 
 
 
 
 t) 
 
 
 G 
 
 8 
 8 
 
 
 
 
 1 
 
 G 
 
 4 
 8 
 
 
 
 
 
 1 
 
 
 
 (1 
 4 
 
 
 
 
 I 
 
 
 
 () 
 4 
 
 
 
 
 
 
 
 1 
 
 G 
 
 4 
 
 
 8 
 
 
 
 
 
 
 
 1 
 
 G 
 
 4 
 
 
 8 
 
 
 
 
 1 
 1 
 
 G 
 
 
 u 
 
 
 
 1 
 1 
 
 G 
 
 
 
 
 
 
 
 2 
 
 
 
 4 
 
 2 
 
 
 
 
 
 
 2 
 
 
 
 4 
 
 2 
 
 
 
 4 
 
 
 
 
 
 4 
 
 
 
 
 
 2 
 
 G 
 
 
 
 2 
 
 G 
 
 
 
 
 3 
 
 2 
 
 G 
 
 
 
 
 
 3 
 2 
 
 G 
 
 
 
 
 
 3 
 2 
 
 G 
 
 
 
 
 
 3 
 2 
 
 (> 
 
 
 
 
 
 3 
 2 
 
 
 
 
 
 
 .3 
 2 
 
 G 
 U 
 
 
 
 
 
 
 
 
 4 
 
 4 
 
 
 
 
 
 
 
 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 15 1.5 
 
 If agency, letters, &c 6 6 
 
 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 2 2 
 
 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 
 
 
 
 
 
 8 
 
 
 
 1 
 
 4 
 
 
 
 
 
 8 
 
 
 
 6 
 
 8 
 
 
 
 1 
 
 
 
 
 
 1 
 
 
 
 
 
 
 
 4 
 
 
 
 
 
 4 
 
 
 
 
 
 4 
 
 
 
 
 
 4 
 
 
 
 1 
 
 
 
 
 
 1 
 
 
 
 
 
 6 
 
 8 
 
 
 
 6 
 
 8 
 
 
 
 
 
 4 
 
 
 
 
 
 4 
 
 
 
 2 
 
 
 
 
 
 2 
 
 
 
 
 
 
 
 2 
 
 
 
 
 
 2 
 
 
 
 
 
 4 
 
 
 
 
 
 4 
 
 
 
 
 
 4 
 
 
 
 
 
 4 
 
 G 8 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. 
 
 l.'i 
 
 15 
 
 U (3 U 
 
 '", 
 
 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 IT) IT. 
 
 If agency, letters, &c G G O 
 
 
 
 4 
 
 
 
 
 
 4 
 
 
 
 
 
 G 
 
 8 
 
 
 
 13 
 
 4 
 
 
 
 3 
 
 
 
 
 
 5 
 
 
 
 
 
 
 
 4 
 
 
 
 
 
 4 
 
 
 
 
 
 4 
 
 
 
 
 
 4 
 
 
 
 •) 
 
 G 
 
 
 
 2 
 
 G 
 
 
 
 G 
 
 8 
 
 
 
 13 
 
 4 
 
 
 
 
 
 4 
 
 
 
 
 
 4 
 
 
 
 G 
 
 8 
 
 
 
 13 
 
 4 
 
 
 
 
 
 4 
 
 
 
 
 
 4 
 
 
 
 
 
 2 
 
 
 
 
 
 3 
 
 u 
 
 
 
 4 
 
 
 
 
 
 4 
 
 
 
 
 
 4 
 
 
 
 
 
 4 
 
 
 
 
 
 4 
 
 
 
 (t 
 
 4 
 
 
 
 
 
 4 
 
 
 
 (» 
 
 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 
 
 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). 
 
 
 
 4 
 
 
 
 4 
 
 
 
 4 
 
 
 
 4 
 
 15 
 
 
 
 15 
 
 
 
 6 
 
 
 
 6 
 
 
 
 
 
 3 
 
 
 
 
 
 6 
 
 8 
 
 
 
 2 
 
 
 
 
 
 3 
 
 
 
 
 
 2 
 
 
 
 
 
 2 
 
 
 
 
 
 3 
 
 6 
 
 
 
 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 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 
 
 6 8 
 
 
 
 6 8 
 
 1 
 
 
 
 1 
 
 4 
 
 
 
 ~4 
 
 
 
 6 
 
 8 
 
 
 
 6 
 
 8 
 
 
 
 1 
 
 
 
 
 
 1 
 
 
 
 
 
 
 
 4 
 
 
 
 
 
 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 6 8 
 
 Paid oath OIG 
 
 Paid cxhilnts, each . . . . . . .010 
 
 Paid filing affidavit 2 
 
 Notice of filing copy and service to defendant's solicitor 4 
 The like to solicitor after the first, each . . .020 
 
 Making copy for ottice copy and paid marking, folio , 
 
 at per folio 
 
 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 8 
 Perusing old abstracts and examining them Vvith title 
 
 deeds. 
 Drawing supplemental abstract of title, to lot 1, at per 
 
 foHo 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 
 
 Attending him 8 
 
 Drawing conditions of sale, folio , at per foUo . .010 
 Paid fee to ]\lr. , to settle, and clerk . . .3 r) (; 
 
 Attending him 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 
 
 Attending conference . . . . . . . 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 14 
 
 Paid fee to Mr. , to advise further on title, and 
 
 clerk 2 4 (5 
 
 Attending him 6 8 
 
 Paid fee to jMr. to resettle conditions of sale, and 
 
 clerk 240 
 
 Attending him 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 4 
 
 Making copy of valuation for reserved bid to be marked 
 
 as exhibit, folio , at per folio . . . .004 
 
 Attending deponent to be sworn 8 
 
 Preparing exhibits, each 10 i 
 
 Paid oath 16' 
 
 Paid exhibits, each . 10 
 
 s 8 2 
 
 Ilighcr Scale. 
 
 £ s. d. 
 
 1 
 
 8 
 
 1 G 
 
 1 
 
 2 
 
 4 
 
 2 
 
 6 
 
 
 
 
 
 8 
 
 
 
 3 
 
 
 
 
 
 6 
 
 8 
 
 
 
 1 
 
 
 
 
 
 
 
 4 
 
 10 
 
 10 
 
 
 
 
 
 13 
 
 4 
 
 
 
 1 
 
 
 
 3 
 
 5 
 
 
 
 
 
 
 
 8 
 
 
 
 
 
 4 
 
 
 
 
 
 8 
 
 1 
 
 
 
 
 
 
 
 13 
 
 4 
 
 
 
 
 
 8 
 
 
 
 1 
 
 4 
 
 2 
 
 4 
 
 
 
 
 
 6 
 
 8 
 
 2 
 
 4 
 
 6 
 
 
 
 
 
 8 
 
 
 
 
 
 8 
 
 
 
 1 
 
 
 
 
 
 
 
 4 
 
 
 
 
 
 4 
 
 
 
 
 
 8 
 
 
 
 1 
 
 
 
 
 
 1 
 
 6 
 
 
 
 1 
 

 
 jOW 
 
 er Scale. 
 
 Higher Scale. 
 
 £ 
 
 s. d. 
 
 £, s. d. 
 
 
 
 2 
 
 2 
 
 
 
 4 
 
 4 
 
 
 
 2 6 
 
 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 4 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 
 
 4 
 
 4 
 
 2 6 
 
 2 6 
 
 
 
 
 
 
 6 
 
 
 4 
 8 
 2 
 
 
 6 
 
 
 4 
 8 
 2 
 
 
 
 6 
 
 8 
 
 13 
 
 1 
 
 4 
 
 
 
 
 6 
 
 8 
 
 6 
 
 8 
 
 
 
 
 
 4 
 
 
 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 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 6 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 
 
 
 
 2 
 
 12 
 
 6 
 
 . 
 
 6 
 
 8 
 
 
 
 6 
 
 8 
 
 . 
 
 1 
 
 
 
 
 
 1 
 
 
 
 . 
 
 
 
 4 
 
 
 
 
 
 4 
 
 . 
 
 6 
 
 8 
 
 
 
 6 
 
 8 
 
 . 
 
 1 
 
 6 
 
 
 
 1 
 
 6 
 
 . 
 
 2 
 
 
 
 
 
 2 
 
 
 
 etendant s 
 
 . 
 
 4 
 
 
 
 
 
 4 
 
 
 
 . 
 
 2 
 
 6 
 
 
 
 2 
 
 6 
 
 13 
 
 4 
 
 13 
 
 4 
 
 10 
 
 
 
 10 
 
 
 
 15 
 
 
 
 15 
 
 
 
 6 
 
 
 
 6 
 

 
 
 
 6 
 
 8 
 
 
 
 G 
 
 8 
 
 
 
 1 
 
 
 
 
 
 1 
 
 
 
 
 
 
 
 4 
 
 
 
 
 
 4 
 
 
 
 1 
 
 
 
 
 
 1 
 
 
 
 
 
 6 
 
 8 
 
 
 
 c 
 
 8 
 
 
 
 1 
 
 () 
 
 
 
 1 
 
 G 
 
 
 
 1 
 
 
 
 
 
 1 
 
 
 
 
 
 2 
 
 
 
 
 
 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 . . 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 G 8 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 3 3 
 
 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 G 8 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 
 
 
 , 
 
 
 
 4 
 
 
 
 
 
 4 
 
 
 
 
 
 
 
 2 
 
 () 
 
 
 
 2 
 
 
 
 at 
 
 ]ier folio 
 
 
 
 
 
 4 
 
 
 
 
 
 4 
 
 
 , , 
 
 
 
 
 
 4 
 
 
 
 
 
 4 
 
 
 
 4 
 
 
 
 
 
 4 
 
 
 
 8 
 
 
 
 
 
 8 
 
 
 
 8 
 
 
 
 G 
 
 8 
 
 
 
 
 
 
 
 
 
 G 
 
 
 
 13 
 
 4 
 
 13 
 
 4 
 
 
 
 
 
 6 
 
 
 
 
 
 1 
 
 > 
 
 
 
 1 I 
 
 
 
 1 
 
 1 
 
 
 
 2 2 
 
 
 
 1 
 
 1 
 
 
 
 3 3 
 

 
 G30 APPENDIX III. 
 
 Lower Scale. Higlier Scale. 
 £ s. d. £ s. d. 
 
 
 
 G 
 
 8 
 
 
 
 G 
 
 8 
 
 
 
 6 
 
 8 
 
 
 
 G 
 
 8 
 
 
 
 1 
 
 
 
 
 
 1 
 
 
 
 
 
 
 
 4 
 
 
 
 
 
 4 
 
 
 
 3 
 
 G 
 
 
 
 3 
 
 6 
 
 
 
 5 
 
 
 
 
 
 5 
 
 
 
 
 
 
 
 4 
 
 
 
 
 
 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 . 3 G 3 G 
 
 Writing to Mr. , solicitor, for purchaser of lot I , 
 
 approving of time named for cxaniiniiig abstract . 3 G 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 . 3 G 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 3 4 3 4 
 
 AVriting defendant's solicitor therewith for examination 
 
 and clerk attending with same 6 8 6 8 
 
 
 
 13 
 
 4 
 
 13 
 
 4 
 
 
 
 
 
 4 
 
 
 
 4 
 
 
 
 6 
 
 8 
 
 13 
 
 4 
 
 
 
 6 
 
 8 
 
 13 
 
 4 
 
 
 
 6 
 
 8 
 
 G 
 
 8 
 
 t) 
 
 2 
 
 6 
 
 2 
 
 6 
 
 
 
 6 
 
 8 
 
 6 
 
 8
 
 G 8 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 3 6 3 
 
 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 ° "" 8 S 
 
 Preparing list of deeds to bedianded to'purciiaser'of htt 
 
 1, and two copies thereof, at per folio. . . 18 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 . . . . 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 4 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 . . . 8 8 
 
 Drawing same, at per folio . . . . ' 010 010 
 
 Makhig copy for approval, at per folio . . '. ] o o 4 4 
 \\ ritmg to Mr. , pnrchasei-'s solicitor, therewith 3 3 
 
 Having received contract altered, perusing and ctmsider- 
 
 ]ng same ' _ _ .008 008 
 
 Engrossing contract in duplicate, at per folio" each' ! 8 8 
 
 Paid stamping each engrossment 
 
 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 . 8 13 4 
 
 Paid stamping same 2 3 
 
 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- 
 ^°^^ 6 8 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. 
 
 1 
 
 
 
 
 
 1 
 
 
 
 4 
 
 
 
 0- 4 
 
 1 
 
 
 
 
 
 1 
 
 () 
 
 8 
 
 
 
 6 8 
 
 1 
 
 {) 
 
 
 
 1 6 
 
 1 
 
 
 
 
 
 1 
 
 
 
 4 
 
 
 
 4 
 
 2 
 
 
 
 
 
 2 
 
 
 
 2 
 
 
 
 2 
 
 '. 4 
 
 
 
 
 
 4 
 
 , 2 
 
 6 
 
 
 
 2 6 
 
 6 8 13 4 
 4 4 
 
 
 
 4 
 
 
 
 4 
 
 
 
 
 
 2 
 
 6 
 
 2 
 
 6 
 
 
 
 G 
 
 8 
 
 13 
 
 4 
 
 
 
 4 
 
 
 
 4 
 
 
 
 
 
 2 
 
 6 
 
 2 
 
 6 
 
 
 
 3 
 
 
 
 5 
 
 
 
 
 
 6 
 
 8 
 
 13 
 
 4 
 
 6 8 6 8 
 
 4 
 3 4 
 
 4 
 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 
 
 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 
 
 
 
 3 
 
 
 
 
 
 G 
 
 8 
 
 
 
 2 
 
 
 
 
 
 3 
 
 
 
 
 
 2 
 
 
 
 
 
 2 
 
 
 
 
 
 3 
 
 G 
 
 
 
 4 
 
 G 
 
 
 
 G 
 
 8 
 
 
 
 13 
 
 4 
 
 
 
 
 
 4 
 
 
 
 
 
 4 
 
 
 
 4 
 
 
 
 
 
 4 
 
 
 
 
 
 2 
 
 G 
 
 
 
 2 
 
 6 
 
 
 
 6 
 
 8 
 
 
 
 13 
 
 4 
 
 
 
 4 
 
 
 
 
 
 4 
 
 
 
 
 
 2 
 
 6 
 
 
 
 2 
 
 G 
 
 
 
 3 
 
 
 
 
 
 o 
 
 
 
 
 
 6 
 
 8 
 
 
 
 13 
 
 4 
 
 
 
 9 
 
 2 
 
 
 
 9 
 
 2 
 
 1 
 
 
 
 
 
 2 
 
 
 
 
 
 
 
 4 
 
 
 
 
 
 4 
 
 
 
 
 
 2 
 
 c 
 
 
 
 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 \ G 8 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 4 4 
 
 Attending the plaintilf or defendant, explaining the ac- 
 count and obtaining his signature to original and du- 
 plicate to be filed 13 4 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 
 
 13 4 13 4 
 
 6 8 
 
 6 8 
 
 O 1 
 
 
 
 1 
 
 6 
 
 1 
 
 1 
 
 6 
 
 4 
 
 3 
 
 2 
 
 2 
 
 3 6 
 
 3 6 
 
 4 
 
 6 8 
 
 1 
 
 4 
 
 4 
 
 6 8 
 
 6 8 
 
 1 
 
 4 
 
 1 
 
 6 8 
 
 0-20 020 
 
 6 
 
 6 8 13 4 
 
 4 
 
 6 8 
 
 3 
 
 2 
 
 4 
 
 6 8 
 
 10 
 
 4 
 
 4
 
 
 
 
 
 4 
 
 
 
 
 
 () 
 
 G 
 
 8 
 
 
 
 G 
 
 
 
 G 
 
 8 
 
 
 
 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 G 8 
 
 Paid commissioner taking deponent's oatli and marking 
 
 exliiljit ".026 026 
 
 Paid filing affidavit 2 2 
 
 Making copy for office copy, and paid marking, at per folio 6 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 4 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 .' 6 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 „ 
 
 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 
 
 
 
 1 
 
 
 
 
 
 1 
 
 
 
 
 
 2 
 
 6 
 
 
 
 2 
 
 6 
 
 
 
 6 
 
 8 
 
 
 
 6 
 
 8 
 
 
 
 
 
 4 
 
 
 
 
 
 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 ^^ ^ ^ ^ 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 
 
 9 2 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 
 
 8 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 C 
 
 out of Court . • 
 
 ^Uil^^ r" therewith fully instructing him 
 
 AVritingto Uierewitii luiiy msuutuu^ .... ^ ^^ ^ ^ ^ 
 
 G 8 6 
 
 to execute same . • • • * • • ', fi ' 
 
 Attending at the Paymaster-General receiving tlic 
 
 3 6 3 
 G 8 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 15 15 
 
 Sittings fee . 6 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 
 
 5 
 
 1 
 
 Amount. 
 £ J. J. 
 10 !) G 
 GO 10 G 
 
 Tl (J 
 Taxed off 1 G 
 
 Paiil ad valorem (but this is not to be added when costs 
 are ordered to be paid out of fund in Court) 
 
 Gl) 11 
 
 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. 
 
 2 
 
 4 
 
 G 
 
 1 
 
 13 3 
 
 8 3 
 
 8 3 
 
 3 3 
 
 4 3 
 
 8 3 
 
 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 
 
 
 
 
 
 4 
 
 
 
 
 
 4 
 
 
 
 
 
 
 4 
 
 
 
 
 
 4 
 
 ^ , 
 
 
 
 
 
 4 
 
 
 
 
 
 4 
 
 ^ . 
 
 
 
 
 
 4 
 
 
 
 
 
 4 
 
 4 4 
 
 . 
 
 4 
 
 
 
 4 
 
 . 
 
 4 
 
 
 
 4 
 
 . 
 
 4 
 
 
 
 4 
 
 . 15 
 
 
 
 15 
 
 
 
 . 6 
 
 
 
 G 
 
 
 
 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 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 
 
 
 
 
 
 
 
 
 13 
 1 
 
 
 
 
 
 
 
 
 C 
 
 3 G 3 6 
 
 4 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 3 3 (5 
 
 Perufiing alterations niade in draft conveyance by 
 
 ])laintiff's solicitor, and cn]>ying same . . . G 8 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 3 4 3 4 
 
 Writing Mr. , plaintilf's solicitor, agreeing to aj)- 
 
 ]>ointnient made to comidete . . . . . . . 3 .0 3 
 
 "Writing to the defendant making appointment for him 
 
 to attend and execute conveyance . . . .030 030 
 Attending defendant obtaining his execution of the con- 
 veyance S 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). 
 
 
 
 
 
 4 
 
 
 
 
 
 4 
 
 
 
 
 
 4 
 
 
 
 
 
 4 
 
 
 
 
 
 4 
 
 
 
 
 
 4 
 
 4 
 
 4 
 
 4 
 
 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 5 5 
 
 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 15 15 
 
 If agency 060 060 
 
 Drawing bill of costs and copy, folio , at per folio 8 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 4 4 
 
 Attending taxing same 
 
 Sittings fee 15 15 
 
 If agency, letters, &c 6 
 
 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 10 
 
 Paid fee to him and clerk 136 136 
 
 Attending counsel with same _ 034 068 
 
 Attending counsel when leave given . . . .068 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 ." ' ^ ^' ^ 
 
 Attending Mr. Q.C., with same .' . . 6 8 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 
 
 1 
 
 . 3 G 
 
 3 G 
 
 . 3 G 
 
 3 6 
 
 G 8 
 
 6 8 
 
 . 10 
 
 10 
 
 3 4 
 
 6 8 
 
 1 3 G 
 
 1 3 6 
 
 G 8 
 
 6 8 
 
 1 10 
 
 1 10 
 
 6 8 
 
 6 8 
 
 2 4 6 
 
 2 4 6 
 
 034 
 
 3 4 
 
 2 
 
 2 
 
 6 8 
 
 6 8 
 
 3 6 
 
 3 6 
 
 3 4 
 
 034 
 
 2 
 
 2 
 
 1 8 
 
 1 8 
 
 10 
 
 10 
 
 5 
 
 5 
 
 G 8 
 
 6 8 
 
 6 6 
 
 6 6 
 
 10 
 
 10 
 
 2 
 
 2 
 
 5 
 
 5 
 
 4 
 
 4 
 
 5 
 
 5 
 
 1 
 
 1 
 
 1 
 
 1 
 
 2 6 
 
 2 6 
 
 18 
 
 1 8 
 
 2 
 
 2 
 
 10 
 
 10 
 
 13 4 
 
 1 1 
 
 10 
 
 10 
 
 1 15 4 1 15 4 
 
 10 
 3 4 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. 
 
 . (> 
 
 8 
 
 G 8 
 
 . 2 9 
 
 6 
 
 2 9 6 
 
 . 3 
 
 4 
 
 3 4 
 
 . 1 3 
 
 6 
 
 1 3 6 
 
 . 13 
 
 4 
 
 13 4 
 
 s 1 1 
 
 
 
 2 2 
 
 . 15 
 
 
 
 15 
 
 
 
 3 
 
 4 
 
 () 
 
 3 
 
 4 
 
 
 
 10 
 
 
 
 
 
 10 
 
 
 
 
 
 13 
 
 4 
 
 
 
 8 
 
 
 
 
 
 5 
 
 4 
 
 
 
 3 
 
 4 
 
 2 
 
 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 15 
 
 3 19 
 
 4 
 
 3 19 
 
 4 
 
 6 
 
 8 
 
 13 
 
 4 
 
 7 12 
 
 
 
 7 12 
 
 
 
 6 
 
 8 
 
 13 
 
 4 
 
 5 10 
 
 
 
 5 10 
 
 
 
 6 
 
 8 
 
 6 
 
 8 
 
 2 9 
 
 6 
 
 2 9 
 
 6 
 
 3 
 
 4 
 
 6 
 
 8 
 
 1 3 
 
 6 
 
 1 3 
 
 6 
 
 13 
 
 4 
 
 13 
 
 4 
 
 110 
 
 
 
 6 
 
 8 
 
 
 
 2 
 
 
 
 
 
 4 
 
 
 
 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 . 
 
 . 
 
 
 
 8 
 
 13 
 
 . 
 
 4 
 
 
 
 4 
 
 . 
 
 3 
 
 
 
 5 
 
 . 
 
 6 
 
 8 
 
 13 
 
 . 
 
 1 
 
 8 
 
 1 
 
 . 
 
 6 
 
 8 
 
 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 
 
 5 6 
 
 5 6 
 
 6 8 
 
 1 2 
 6 8 
 3 
 15 
 
 Higher S<"ale. 
 JC s. d. 
 
 1 3 
 
 5 6 
 
 5 6 
 
 6 8 
 
 1 2 
 6 
 3 
 
 
 
 
 15 
 
 6 8 13 4 
 
 4 
 
 4 
 
 6 8 
 
 4 
 
 3 4 
 
 1 3 6 
 
 4 
 
 6 8 
 
 5 10 
 
 6 8 
 3*6 
 
 6 8 
 
 2 9 6 
 
 3 4 
 
 1 3 6 
 
 6 
 
 
 
 4- 
 
 6 
 
 5 
 
 4 
 
 6 
 
 4 
 
 4 
 
 6 8 
 
 4 
 
 6 8 
 
 1 3 6 
 
 4 4 
 4 4 
 
 4 
 
 13 4 
 
 5 10 
 
 6 8 
 
 3 5 6 
 
 C 8 13 4 
 
 8 
 4 
 
 8 
 
 
 8 
 
 T T 2 
 
 6 8 
 
 4 
 
 4 
 
 13 4 
 
 10 
 
 4 
 
 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 . 
 
 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. 
 
 1 
 
 Highe 
 £, 
 
 
 
 rSc 
 s. 
 1 
 
 ile. 
 d. 
 
 
 
 4 
 o 
 5 
 
 
 
 
 
 
 5 
 5 
 
 4 
 
 
 
 
 10 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 
 
 
 
 2 
 
 
 
 
 
 5 
 
 
 
 
 
 1 
 
 
 
 
 
 1 
 
 
 
 
 
 
 
 4 
 
 
 
 
 
 4 
 
 
 
 2 
 
 6 
 
 
 
 2 
 
 6 
 
 
 
 6 
 
 8 
 
 
 
 6 
 
 8 
 
 
 
 1 
 
 
 
 
 
 1 
 
 
 
 
 
 
 
 4 
 
 
 
 
 
 4 
 
 
 
 1 
 
 
 
 
 
 1 
 
 
 
 
 
 6 
 
 8 
 
 
 
 6 
 
 8 
 
 
 
 1 
 
 (i 
 
 
 
 1 
 
 6 
 
 
 
 1 
 
 
 
 
 
 1 
 
 
 
 
 
 2 
 
 
 
 
 
 2 
 
 
 
 
 
 
 
 4 
 
 
 
 
 
 4 
 
 
 
 
 
 2 
 
 
 
 
 
 2 
 
 
 
 fi 
 
 8 
 
 
 
 6 
 
 8 
 
 
 
 1 
 
 
 
 
 
 1 
 
 
 
 
 
 (1 
 
 4 
 
 
 
 
 
 4 
 
 
 
 G 
 
 8 
 
 
 
 6 
 
 8 
 
 
 
 1 
 
 G 
 
 
 
 1 
 
 6 
 
 
 
 
 
 4 
 
 
 
 
 
 4 
 
 
 
 •2 
 
 
 
 
 
 2 
 

 
 
 
 6 
 
 8 
 
 
 
 6 
 
 8 
 
 
 
 1 
 
 
 
 
 
 1 
 
 
 
 () 
 
 
 
 4 
 
 
 
 
 
 4 
 
 
 
 6 
 
 8 
 
 
 
 6 
 
 8 
 
 
 
 1 
 
 6 
 
 
 
 1 
 
 6 
 
 
 
 
 
 4 
 
 
 
 
 
 4 
 
 
 
 2 
 
 
 
 
 
 2 
 
 
 
 
 
 
 
 2 
 
 
 
 
 
 2 
 
 
 
 4 
 
 
 
 
 
 4 
 
 
 
 4 
 
 
 
 
 
 4 
 
 
 
 4 
 
 
 
 
 
 4 
 
 plaintiff's costs of motion for ArrOINTMENT OF RECEIVER. 6-45 
 
 Lower Scale. Iligher Scalf. 
 £ 5. d. £ s. rf. 
 
 Paid for office copy, at per folio 2 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 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 .... 
 
 
 
 
 
 4 
 
 
 
 
 
 4 
 
 
 
 
 
 2 
 
 
 
 
 
 3 
 
 
 
 
 
 4 
 
 
 
 
 
 4 
 
 {) 
 
 6 
 
 8 
 
 
 
 6 
 
 8 
 
 3 
 
 5 
 
 6 
 
 3 
 
 5 
 
 6 
 
 
 
 .3 
 
 4 
 
 
 
 6 
 
 8 
 
 1 
 
 6 
 
 
 
 1 
 
 6 
 
 () 
 
 
 
 13 
 
 4 
 
 
 
 13 
 
 4 
 
 
 
 13 
 
 4 
 
 
 
 13 
 
 4 
 
 1 
 
 1 
 
 (t 
 
 2 
 
 2 
 
 
 
 
 
 (•) 
 
 8 
 
 
 
 6 
 
 8 
 
 
 
 
 
 4 
 
 
 
 
 
 4 
 
 
 
 4 
 
 
 
 
 
 4 
 
 
 
 
 
 2 
 
 6 
 
 
 
 2 
 
 6 
 
 
 
 6 
 
 8 
 
 
 
 13 
 
 4 
 
 1 
 
 1 
 
 
 
 3 
 
 3 
 
 
 
 
 
 4 
 
 (1 
 
 
 
 4 
 

 
 Lower Scale. 
 £ J. ,1. 
 2 6 
 3 
 6 8 
 
 Higher Scale. 
 
 £ S. ll. 
 
 2 6 
 5 
 13 4 
 
 
 
 
 
 4 
 
 4 
 
 
 
 
 
 
 3 
 
 2 
 
 2 
 3 
 
 
 
 
 6 
 
 6 8 
 3 
 2 0. 
 4 6 
 
 6 8 13 4 
 
 4 4 
 
 4 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 4 
 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 4 
 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 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 4 
 
 
 
 6 
 
 8 
 
 13 
 
 
 
 
 
 4 
 
 
 
 
 
 4 
 
 
 
 4 
 
 
 
 2 
 
 6 
 
 2 
 
 
 
 6 
 
 8 
 
 13 
 
 1 
 
 1 
 
 
 
 3 3 
 
 
 
 6 
 
 8 
 
 6 
 
 
 
 3 
 
 
 
 5 
 
 
 
 4 
 
 
 
 4 
 
 
 
 2 
 
 6 
 
 2 
 
 
 
 6 
 
 8 
 
 13 
 
 
 
 
 
 1 
 
 
 
 
 
 3 
 
 
 
 6 
 
 
 
 2 
 
 
 
 3 
 
 
 
 o 
 
 
 
 2 
 
 
 
 3 
 
 6 
 
 4 
 
 4 
 4
 
 Liiwcr .Scalo. 
 
 lli-liur .Scale. 
 
 JC 
 
 J(. 
 
 (/. 
 
 ^ 
 
 i. 
 
 d. 
 
 
 
 6 
 
 8 
 
 
 
 13 
 
 4 
 
 
 
 
 
 4 
 
 
 
 
 
 4 
 
 
 
 
 
 4 
 
 
 
 
 
 4 
 
 
 
 6 
 
 8 
 
 
 
 13 
 
 4 
 
 
 
 
 
 4 
 
 
 
 
 
 4 
 
 
 
 G 
 
 8 
 
 u 
 
 6 
 
 8 
 
 
 
 
 
 4 
 
 
 
 
 
 4 
 
 
 
 () 
 
 8 
 
 
 
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 8 
 
 
 
 
 
 2 
 
 
 
 
 
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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 . / 4 4 
 
 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). 
 
 
 
 
 
 4 
 
 
 
 
 
 4 
 
 
 
 
 
 4 
 
 
 
 n 
 
 4 
 
 
 
 
 
 4 
 
 
 
 
 
 4 
 
 
 
 6 
 
 8 
 
 
 
 6 
 
 8 
 
 
 
 1 
 
 
 
 
 
 1 
 
 
 
 
 
 
 
 4 
 
 
 
 
 
 4 
 
 
 
 6 
 
 8 
 
 
 
 6 
 
 8 
 
 
 
 1 
 
 6 
 
 
 
 1 
 
 6 
 
 
 
 
 
 4 
 
 
 
 
 
 4 
 
 
 
 2 
 
 
 
 
 
 2 
 
 
 
 
 
 
 
 2 
 
 
 
 
 
 2 
 
 
 
 
 
 4 
 
 
 
 
 
 4 
 
 
 
 
 
 4 
 
 
 
 
 
 4 
 
 
 
 
 
 2 
 
 
 
 
 
 3 
 
 
 
 
 
 4 
 
 
 
 
 
 4 
 
 
 
 G 
 
 8 
 
 
 
 6 
 
 8 
 
 4 
 
 G 
 
 G 
 
 4 
 
 G 
 
 (t 
 
 
 
 3 
 
 4 
 
 
 
 G 
 
 8 
 
 1 
 
 G 
 
 
 
 1 
 
 6 
 
 
 
 u 
 
 13 
 
 4 
 
 
 
 13 
 
 4
 
 Lower Scale. 
 
 Higher Scale. 
 
 £, s. 
 
 (/. 
 
 £ s. d. 
 
 13 
 
 4 
 
 13 4 
 
 1 1 
 
 
 
 2 2 
 
 
 
 4 
 
 4 
 
 6 
 
 8 
 
 13 4 
 
 1 1 
 
 
 
 3 3 
 
 6 
 
 8 
 
 13 4 
 
 648 . APPENDIX III. 
 
 Attending Court, motion heard and orderniade directing 
 
 Receiver to be appointed at Cliambers 
 
 Or according to circumstances 
 
 Close copy minutes of order, folios , at per folio 
 
 Attending settling same 
 
 'Or at Taxing Master's discretion not to exceed 
 
 Attending passing order 
 
 Attending summons to pi-oceed under order when as 
 
 the defendant proposed Mr. as Eeceiver, 
 
 the chief clerk adjourned the appointment and 
 
 directed the evidence to be filed within days prior 
 
 to the adjourned appointment 6 8 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 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 
 
 
 
 6 
 
 8 
 
 
 
 13 
 
 4 
 
 
 
 
 
 4 
 
 
 
 
 
 4 
 
 
 
 6 
 
 8 
 
 
 
 13 
 
 4 
 
 
 
 6 
 
 8 
 
 
 
 13 
 
 4 
 
 
 
 6 
 
 8 
 
 
 
 13 
 
 4 
 
 
 
 
 
 4 
 
 
 
 
 
 4 
 
 
 
 
 
 4 
 
 
 
 
 
 4 
 
 
 
 
 
 4 
 
 
 
 
 
 4 
 
 
 
 6 
 
 8 
 
 
 
 13 
 
 4 
 
 
 
 
 
 4 
 
 
 
 
 
 4 
 
 
 
 
 
 4 
 
 
 
 
 
 4 
 
 
 
 6 
 
 8 
 
 
 
 13 
 
 4 
 
 
 
 6 
 
 8 
 
 
 
 6 
 
 8 
 
 
 
 
 
 4 
 
 
 
 
 
 
 
 5 
 
 
 
 
 
 f) 
 
 
 
 (5 
 
 8 
 
 
 
 6 
 
 
 
 5 
 
 
 
 
 
 5 
 
 
 
 1 
 
 8 
 
 
 
 1 
 
 
 
 6 
 
 8 
 
 
 
 6 
 
 
 
 1 
 
 (5 
 
 
 
 1 
 
 
 
 2 
 
 
 
 
 
 2
 
 j<i\ver Scalf. 
 
 Hi^ilicr Seal''. 
 
 e 
 
 >-. 
 
 </. 
 
 K 
 
 s. 
 
 ('. 
 
 
 
 1 
 
 8 
 
 
 
 1 
 
 8 
 
 
 
 
 
 10 
 
 
 
 
 
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 13 
 
 4 
 
 
 
 13 
 
 4 
 
 
 
 7 
 
 G 
 
 
 
 7 
 
 (5 
 
 
 
 6 
 
 8 
 
 
 
 6 
 
 8 
 
 u 
 
 ■ 7 
 
 6 
 
 
 
 7 
 
 6 
 
 
 
 6 
 
 8 
 
 
 
 13 
 
 4 
 
 
 
 
 
 4 
 
 
 
 
 
 4 
 
 
 
 4 
 
 
 
 
 
 4 
 
 
 
 
 
 C) 
 
 8 
 
 
 
 13 
 
 4 
 
 
 
 3 
 
 
 
 
 
 r> 
 
 
 
 
 
 4 
 
 
 
 
 
 4 
 
 
 
 
 
 6 
 
 8 
 
 
 
 13 
 
 4 
 
 
 
 
 
 4 
 
 
 
 
 
 4 
 
 
 
 5 
 
 
 
 
 
 5 
 
 
 
 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 ......... 
 
 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, 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 ..... 
 
 
 
 3 
 
 
 
 
 
 G 
 
 8 
 
 
 
 2 
 
 
 
 
 
 3 
 
 
 
 
 
 2 
 
 
 
 
 
 2 
 
 
 
 
 
 3 
 
 6 
 
 
 
 4 
 
 G 
 
 
 
 6 
 
 8 
 
 
 
 13 
 
 4 
 
 
 
 
 
 4 
 
 
 
 
 
 4 
 
 
 
 (5 
 
 8 
 
 
 
 13 
 
 4 
 
 
 
 2 
 
 
 
 
 
 2 
 
 
 
 
 
 G 
 
 8 
 
 
 
 G 
 
 8 
 
 
 
 G 
 
 8 
 
 
 
 G 
 
 8 
 
 
 
 
 
 4 
 
 
 
 
 
 4 
 
 
 
 
 
 2 
 
 
 
 
 
 2 
 
 
 
 5 
 
 
 
 
 
 5 
 
 
 
 
 
 
 
 8 
 
 
 
 1 
 
 4 
 
 
 
 
 
 
 3 
 
 2 
 2 
 
 
 
 
 
 
 
 (t 
 
 
 G 
 3 
 2 
 
 8 
 
 
 
 
 
 3 
 
 G 
 
 
 
 4 
 
 6 
 
 
 
 
 
 4 
 
 
 
 
 
 4
 
 C50 ArPENDIX III. 
 
 Lower Scale. Higher Scale. 
 £, s. d. £ *•• d. 
 
 6 8 13 4 
 4 4 
 
 6 8 6 8 
 10 10 
 
 3 6 3 6 
 
 2 2 0. 
 
 6 6 
 
 4 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 9 
 
 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 2 
 
 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 
 
 
 
 
 
 4 
 
 
 
 
 
 
 
 6 
 
 8 
 
 
 
 6 
 
 
 
 
 
 4 
 
 
 
 
 
 
 
 6 
 
 8 
 
 
 
 6 
 
 
 
 6 
 
 8 
 
 
 
 6 
 
 
 
 
 
 6 
 
 
 
 
 
 
 
 
 
 8 
 
 
 
 
 
 4 4 
 6 8 6 8 
 
 6 6 
 5 10 
 
 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 
 
 
 
 
 
 6 
 
 
 
 
 8 
 4 
 8 
 
 13 
 
 
 
 
 
 
 
 
 (; 
 
 4 
 
 8 
 
 
 (i
 
 COSTS OF PASSING KECElVKU's ACCOUNTS. Gol 
 
 Attending taxing co.sts at per 25 folios, or fiactioiial i^art 6 
 Attending taxing receiver's costs Ditto 6 
 
 Letters, &c y r 
 
 ih: 
 
 Hit,'licr !Sc<dr. 
 
 <l. 
 
 .C .V. <l. 
 
 8 
 
 6 8 
 
 8 
 
 6 8 
 
 
 
 5 
 
 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 6 8 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 4 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^\. ' • i:} 4 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 1 S 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 . '. '. 
 
 
 
 6 
 
 8 
 
 
 
 6 
 
 8 
 
 
 
 
 
 8 
 
 
 
 
 
 8 
 
 
 
 
 
 4 
 
 
 
 
 
 4 
 
 
 
 o 
 
 
 
 
 
 5 
 
 
 
 
 
 6 
 
 S 
 
 
 
 6 
 
 8 
 
 
 
 5 
 
 
 
 
 
 5 
 
 
 
 
 
 1 
 
 8 
 
 
 
 1 
 
 8 
 
 
 
 6 
 
 8 
 
 
 
 () 
 
 8 
 
 
 
 1 
 
 6 
 
 
 
 1 
 
 6 
 
 
 
 1 
 
 8 
 
 
 
 1 
 
 8 
 
 
 
 2 
 
 
 
 
 
 
 
 
 
 
 
 
 
 10 
 
 U 
 
 
 
 10 
 
 
 
 4 
 
 
 
 
 
 4 
 
 
 
 
 
 2 
 
 6 
 
 
 
 --) 
 

 
 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 
 
 6 8 6 8 
 
 16 16 
 
 2 2 
 
 2 2 
 
 10 10 
 
 4 4 
 
 4 4 
 
 4 4 
 
 6 8 13 4 
 
 6 8 13 4 
 
 4 4 
 
 4 4 
 
 2 6 2 6 
 
 6 8 13 4 
 
 3 5 
 
 4 4 
 
 2 6 2 
 
 6 8 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. 
 
 15 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 
 
 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 G C 
 
 Letters, &c 5 (t 10 «'. 
 
 Lower Scale. 
 
 Higher Scale. 
 
 £ 
 
 s. 
 
 rf. 
 
 £ 
 
 s. 
 
 d. 
 
 
 
 
 
 4 
 
 () 
 
 
 
 4 
 
 
 
 
 
 8 
 
 
 
 1 
 
 4 
 
 
 
 3 
 
 
 
 
 
 6 
 
 8 
 
 
 
 2 
 
 
 
 
 
 3 
 
 
 
 
 
 2 
 
 
 
 I) 
 
 2 
 
 
 
 
 
 3 
 
 G 
 
 
 
 4 
 
 G 
 
 
 
 
 
 4 
 
 
 
 
 
 4 
 
 
 
 
 
 4 
 
 
 
 
 
 4 
 
 
 
 G 
 
 8 
 
 () 
 
 G 
 
 8 
 
 
 
 1 
 
 
 
 
 
 1 
 
 (1 
 
 
 
 
 
 4 
 
 
 
 (J 
 
 4 
 
 
 
 1 
 
 
 
 
 
 1 
 
 
 
 
 
 G 
 
 8 
 
 
 
 13 
 
 4 
 
 
 
 1 
 
 G 
 
 
 
 1 
 
 G 
 
 
 
 1 
 
 
 
 
 
 1 
 
 
 
 
 
 
 
 4 
 
 
 
 
 
 4 
 
 
 
 
 
 •2 
 
 
 
 
 
 2 
 
 
 
 
 
 4 
 
 
 
 
 
 4 
 
 
 
 
 
 4 
 
 
 
 
 
 4 
 
 
 
 
 
 4 
 
 
 
 
 
 4 
 
 
 
 G 
 
 8 
 
 
 
 13 
 
 4 
 
 
 
 
 
 4 
 
 
 
 
 
 4 
 
 
 
 6 
 
 8 
 
 
 
 G 
 
 8 
 
 
 
 G 
 
 8 
 
 
 
 G 
 
 8 
 
 
 
 
 
 4 
 
 
 
 
 
 4 
 
 
 
 
 
 2 
 
 
 
 
 
 2 
 
 
 
 
 
 8 
 
 
 
 
 
 8 
 
 
 
 
 
 4 
 
 
 
 
 
 4 
 
 
 
 G 
 
 8 
 
 
 
 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 3 6 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 
 
 Attendinu- settling draft order 6 8 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 . • ^* ^ ^^ 5 
 
 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 3 6 3 
 
 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 4 
 
 Attending to settle same (i 8 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 6 8 6 
 
 
 
 
 
 4 
 
 
 
 
 
 
 
 
 
 4 
 
 
 
 
 
 
 
 
 
 4 
 
 
 
 
 
 
 
 4 
 
 
 
 
 
 4 
 
 
 
 6 
 
 8 
 
 
 
 6 
 
 
 
 6 
 
 8 
 
 
 
 6
 
 
 
 1 
 
 1 
 
 
 
 4 
 
 4 
 
 
 
 6 8 
 
 G 8 
 
 
 
 
 
 4 
 
 
 
 
 
 4 
 
 
 
 2 
 
 
 
 
 
 2 
 
 
 
 
 
 
 
 2 
 
 
 
 
 
 2 
 
 
 
 4 
 
 
 
 
 
 4 
 
 
 
 
 
 G 
 
 8 
 
 
 
 G 
 
 8 
 
 
 
 G 
 
 8 
 
 
 
 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 ......... 
 
 (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 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 
 
 Paid sealing same ....... 
 
 Making cojiy to leave at Chambers 
 
 Or per folio ........ 
 
 Copy and service of same on defeiulants' solicitor, each 
 
 Or per folio 
 
 
 
 G 
 
 8 
 
 G 
 
 13 
 
 4 
 
 
 
 1 
 
 
 
 
 
 1 
 
 
 
 
 
 3 
 
 4 
 
 
 
 G 
 
 8 
 
 1 
 
 3 
 
 G 
 
 1 
 
 3 
 
 G 
 
 
 
 
 
 4 
 
 
 
 
 
 4 
 
 
 
 
 
 2 
 
 
 
 
 
 2 
 
 
 
 
 
 4 
 
 G 
 
 G 
 
 4 
 
 
 
 3 
 
 4 
 
 G 
 
 G 
 
 8 
 
 G 
 
 
 
 I 
 
 
 
 G 
 
 1 
 
 
 
 G 
 
 4 
 
 
 
 
 
 4 
 
 
 
 
 
 4 
 
 
 
 
 
 4 
 
 
 
 G 
 
 2 
 
 
 
 
 
 3 
 
 
 
 
 
 2 
 
 G 
 
 
 
 3 
 
 
 
 
 
 4 
 
 G 
 
 G 
 
 4 
 
 
 
 G 
 
 8 
 
 G 13 
 
 4 
 
 
 
 2 
 
 
 
 3 
 
 G 
 
 
 
 2 
 
 
 
 2 
 
 
 
 
 
 
 
 4 
 
 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. 
 
 
 
 4 
 
 
 
 (» 
 
 4 
 
 
 
 
 
 2 
 
 G 
 
 
 
 2 
 
 G 
 
 
 
 1 
 
 
 
 
 
 1 
 
 
 
 
 
 
 
 4 
 
 
 
 
 
 4 
 
 
 
 G 
 
 8 
 
 
 
 6 
 
 8 
 
 2 
 
 4 
 
 G 
 
 2 
 
 4 
 
 G 
 
 
 
 3 
 
 4 
 
 
 
 6 
 
 8 
 
 1 
 
 a 
 
 
 
 1 
 
 G 
 
 
 
 
 
 13 
 
 4 
 
 
 
 13 
 
 4 
 
 Attending summons for farther answers to interrogatories 
 
 Avlieu same adjourned at defendants' request . . G 8 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 .......... 
 
 
 
 6 
 
 8 
 
 
 
 6 
 
 
 
 
 
 4 
 
 
 
 
 
 
 
 4 
 
 
 
 
 
 4 
 
 
 
 G 
 
 8 
 
 
 
 13 
 
 
 
 4 
 
 
 
 
 
 4 
 
 
 
 3 
 
 
 
 
 
 5 
 
 
 
 G 
 
 8 
 
 
 
 13 
 
 
 
 
 
 1 
 
 
 
 
 
 
 
 
 
 4 
 
 
 
 
 
 
 
 
 
 4 
 
 
 
 
 
 
 
 
 
 2 
 
 
 
 
 
 
 
 
 
 2 
 
 
 
 
 
 
 
 
 
 4 
 
 
 
 
 
 
 
 6 
 
 8 
 
 
 
 
 13 
 
 
 
 
 
 
 2 
 
 
 
 
 
 
 
 
 
 2 
 
 
 
 
 
 
 
 
 
 4 
 
 
 
 
 
 
 
 3 
 
 
 
 
 
 G 
 
 
 
 2 
 
 
 
 
 
 3 
 
 
 
 2 
 
 
 
 
 
 
 2 

 
 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 
 
 3 G 
 
 4 
 
 4 
 
 4 
 
 (3 8 
 
 6 8 
 
 3 
 
 5 
 
 () 8 
 
 (5 8 
 
 8 
 
 
 
 10 10 
 
 
 
 
 
 4 
 
 
 
 
 
 4 
 
 
 
 
 
 2 
 
 
 
 
 
 3 
 
 
 
 
 
 4 
 
 
 
 
 
 4 
 
 
 
 1 
 
 
 
 
 
 1 
 
 
 
 
 
 
 
 8 
 
 
 
 
 
 8 
 
 
 
 1 
 
 
 
 
 
 1 
 
 
 
 
 
 1 
 
 
 
 
 
 1 
 
 
 
 
 
 3 
 
 (5 
 
 
 
 3 
 
 6 
 
 
 
 3 
 
 
 
 
 
 3 
 
 
 
 
 
 2 
 
 
 
 
 
 2 
 
 
 
 
 
 
 
 2 
 
 
 
 
 
 - 
 
 
 
 
 
 4 
 
 
 
 
 
 4 
 
 
 
 
 
 2 
 
 
 
 
 
 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 . . . 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 
 
 13 4 
 
 8 13 4 
 
 Or per folio 
 
 13 
 
 5 
 
 2 
 
 
 
 1 1 
 10 
 2 
 
 
 V V
 
 Lower Scale. 
 
 Higher Sc 
 
 £, s. 
 
 d. 
 
 £, 
 
 s. 
 
 2 
 
 
 
 
 
 2 
 
 
 
 4 
 
 
 
 
 
 1 
 
 4 
 
 
 
 1 
 
 1 
 
 
 
 
 
 5 
 
 1 
 
 
 
 
 
 2 
 
 
 
 4 
 
 
 
 
 
 1 
 
 
 
 
 
 5 
 
 5 
 
 
 
 
 
 5 
 
 658 APPENDIX in. 
 
 Making duplicate to file at Record and Writ Clerics' 
 
 Office 
 
 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 10 1 
 miles extra.) 
 If sent to agent for service ...... 
 
 Writing to agent therewith 3 6 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 . . . . . , . . . ' 
 
 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 
 
 Attending defendant's solicitors, examining and signing 
 
 admissions 8 13 
 
 Attending summons when the chief clerk adjoiniu^d 
 
 same at defendant'.s reij[ue3t 
 
 
 
 6 
 
 8 
 
 
 
 6 
 
 
 
 1 
 
 
 
 
 
 1 
 
 
 
 
 
 4 
 
 
 
 
 
 
 
 6 
 
 8 
 
 
 
 6 
 
 
 
 1 
 
 6 
 
 
 
 1 
 
 
 
 
 
 4 
 
 
 
 
 
 
 
 2 
 
 
 
 
 
 2 
 
 
 
 
 
 2 
 
 
 
 
 
 
 
 4 
 
 
 
 
 
 4 
 
 
 
 1 
 
 
 
 
 
 1 
 
 
 
 
 
 4 
 
 
 
 
 
 
 
 2 
 
 6 
 
 
 
 2 
 
 
 
 5 
 
 
 
 
 
 7 
 
 
 
 
 
 8 
 
 
 
 1 
 
 
 
 6 
 
 8 
 
 
 
 13 
 
 
 
 6 
 
 8 
 
 
 
 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. 
 
 
 
 4 
 
 4 
 
 4 
 
 
 
 4 
 
 6 
 
 8 
 
 13 4 
 
 1 1 
 
 
 
 3 3 
 
 10 
 
 
 
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 4 
 
 
 
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 8 
 
 13 4 
 
 3 G 
 
 
 
 
 
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 1 
 
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 2 
 
 
 
 
 
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 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 
 
 3 
 
 4 
 
 6 
 
 8 
 
 1 3 
 
 6 
 
 1 3 
 
 G 
 
 15 
 
 
 
 15 
 
 
 
 6 
 
 
 
 6 
 
 
 
 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. . • • • 
 
 13 4 
 
 6 8 
 
 13 4 
 
 1 1 
 
 1 1 
 
 2 2 
 
 G 8 
 
 G 8 
 
 4 
 
 4 
 
 4 
 
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 G 8 
 
 13 4 
 
 1 1 
 
 3 3 4 
 
 10 
 
 10 
 
 4 
 
 4 
 
 G 8 
 
 13 4 
 
 2 G 
 
 2 G 
 
 G 8 
 
 G 8 
 
 G 8 
 
 G 8 
 
 4 
 
 4 
 
 8 
 
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 4 G 
 
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 G 8 
 
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 4 
 
 
 
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 G 8 
 
 . 
 
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 . 
 
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 1 2
 
 
 Lower Scale. 
 
 Higher Scale. 
 
 
 £ 
 
 s. 
 
 rf. 
 
 X 
 
 S. (1. 
 
 
 
 
 G 
 
 8 
 
 
 
 ] .3 4 
 
 service ol' 
 
 
 
 
 
 
 
 
 
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 8 
 
 
 
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 8 
 
 
 
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 ne jierson, 
 
 
 
 
 
 
 
 
 
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 4 
 
 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 
 
 
 
 
 
 
 
 
 
 4 
 4 
 4 
 
 
 
 
 
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 4 
 
 4 
 
 
 
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 8 
 
 13 
 
 4 
 
 
 
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 8 
 
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 8 
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 13 
 
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 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. 
 
 3 6 
 
 3 6 
 
 6 8 
 
 6 8 
 
 
 
 1 
 
 
 
 
 
 1 
 
 
 
 
 
 
 
 4 
 
 
 
 
 
 4 
 
 
 
 
 
 4 
 
 
 
 
 
 4 
 
 
 
 6 
 
 8 
 
 
 
 6 
 
 8 
 
 4 
 
 6 
 
 6 
 
 4 
 
 6 
 
 6 
 
 
 
 6 
 
 8 
 
 
 
 6 
 
 8 
 
 3 
 
 5 
 
 6 
 
 3 
 
 5 
 
 6 
 
 
 
 6 
 
 8 
 
 
 
 6 
 
 8 
 
 2 
 
 9 
 
 6 
 
 2 
 
 9 
 
 6 
 
 
 
 3 
 
 4 
 
 
 
 6 
 
 8 
 
 1 
 
 3 
 
 6 
 
 1 
 
 3 
 
 6 
 
 
 
 15 
 
 
 
 
 
 15 
 
 
 
 
 
 6 
 
 
 
 
 
 6 
 
 
 
 Trinity Sittings, 1878. 
 
 Attending consultation 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 . 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 15 
 
 If agency, letters, &c . .060 
 
 Letters, messengers, &c. 
 
 
 
 
 
 8 
 
 
 
 13 
 
 4 
 
 1 
 
 1 
 
 
 
 
 
 
 
 4 
 
 
 
 6 
 
 8 
 
 1 
 
 1 
 
 
 
 
 
 6 
 
 8 
 
 
 
 
 
 8 
 
 
 
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 6 
 
 
 
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 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 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 5 5 
 
 Attending Mr. with same to settle . . .034 068 
 
 Paid fee to him and clerk 136 136 
 
 Paid issuing writ • .050 10 
 
 Making four copies of writ for service, folio , at 
 
 per Mio beyond 2 12 12 
 
 Service of same on the four defendants, at 5s. each .10 10 
 
 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 ! 7 7 
 
 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 10 10 
 
 Preparing exhibit .010 010 
 
 Paid commissioner taking defendant's oath and marking 
 
 exhibit . . <' :2 <> 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. 
 
 2 2 
 
 Paid filing affidavit • •,. 2 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 
 Paid conference fee to him and clerk . _ . • • 
 Attending conference when counsel advised that an ap- 
 plication should be made for appointment ^^ '^ ^ 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 
 
 6 8 
 
 6 8 
 
 3 4 
 
 6 8 
 
 1 3 G 
 
 1 3 6 
 
 6 8 
 
 13 4 
 
 1 
 
 10 
 
 4 
 
 4 
 
 2 6 
 
 2 6 
 
 3 4 
 
 6 8 
 
 1 3 6 
 
 1 3 6 
 
 6 8 
 
 6 8 
 
 10 
 
 1 
 
 3 4 
 
 6 8 
 
 1 3 6 
 
 13 6 
 
 13 4 
 
 2 2 
 
 10 
 
 1 1 
 
 10 
 
 10 
 
 4 
 
 0-4 
 
 6 8 
 
 6 8 
 
 2 4 6 
 
 2 4 t 
 
 4 
 
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 10 
 
 1 ( 
 
 6 8 6 
 
 
 
 
 
 4 
 
 
 
 
 
 
 
 2 
 
 
 
 
 
 2 
 
 
 
 
 
 2 
 
 
 
 
 
 
 
 4 
 
 
 
 
 
 4 
 
 
 
 2 
 
 6 
 
 
 
 2
 
 Lower Scale. 
 
 Higher Scale. 
 
 £ 
 
 s. 
 
 d. 
 
 a 
 
 s. 
 
 d. 
 
 
 
 
 
 8 
 
 
 
 f) 
 
 8 
 
 
 
 1 
 
 
 
 
 
 1 
 
 
 
 
 
 .3 
 
 4 
 
 
 
 6 
 
 8 
 
 1 
 
 3 
 
 6 
 
 1 
 
 3 
 
 6 
 
 
 
 
 
 4 
 
 
 
 
 
 4 
 
 
 
 1 
 
 
 
 
 
 1 
 
 
 
 
 
 6 
 
 8 
 
 
 
 6 
 
 8 
 
 
 
 2 
 
 6 
 
 
 
 2 
 
 6 
 
 
 
 
 
 4 
 
 
 
 
 
 4 
 
 
 
 2 
 
 
 
 
 
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 4 
 
 
 
 
 
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 plaintiff's costs of action for APPOINTMRNT of RECE;VEn. 065 
 
 Instructions for furtlier aflidavit of jilaintilT in support 
 of notice of motion for a]iii(iintni('iit of a receiver and 
 
 injunction 
 
 Drawing same, folio , at per folio .... 
 Attending counsel with same to settle .... 
 
 Paiil fee to him and clerk 
 
 Engrossing athdavit, at jx-r fulio .... * 
 
 Preparing exhibit 
 
 Attending plaintiif before a comniissicjner on his l)eing 
 sworn til same ....... ^ 
 
 Paid commissioner takijig defendant's oath and marking 
 exhibit .-......" 
 
 Making copy alhdavit to be marked as an office copy, at 
 
 per folio 
 
 Paid tiling affidavit 
 
 Paid for office copy, at per folio 
 
 Notice of tiling same, copies and services on defendant's 
 solicitors ......... 
 
 Service on the solicitors for other defendants, each at . 
 Paid for copy affidavit of , folio , at per folio 
 
 Perusing same, at per folio 
 
 If agency close copy 
 
 The like charges for further affidavit tiled in opposi- 
 tion to motion. 
 Instructions for brief for ai)pointment of receiver and 
 
 for writ of injunction 
 
 Dra\ying same, folio , at ])er folio 
 
 Making two copies of same for counsel, at per folio, 
 each ......... 
 
 The like two copies of notice of motion for counsel, 
 
 at per folio each 
 
 The like for copies of writ of summons for counsel, at 
 per folio each ........ 
 
 The like for copies of afiidavit of ])laiiitiir in sujiport of 
 motion and exhibits therein refeired to for counsel, 
 at ])er folio each ....... 
 
 Tiie like for cojjies of athdavits fih-d in opposition to 
 motion for counsel, at per folio each .... 
 
 Tlie like for copies of will, &c., for counsel, at per- folio 
 
 each 
 
 Attending Mr. , g.C, with same ! .' ! 
 
 Paid fee to him and clerk 
 
 Attending Mr. with same . . . . 
 
 Paid fee to him and clerk 
 
 Attending Mr. ,g.C., appointing consultation '. 
 
 Paid lee to him and clerk ...... 
 
 Attending Mr. appointing consultation . 
 
 Paid lee to him and clerk 
 
 Attending consultation with counsel .... 
 Attending court when motion made, and the Judge ap- 
 pointed the phtintitr and some of the defendants to be 
 receivers without giving securitv, tliey undertaking to 
 act without salary, and granted' the injunction . . 13 4 110 
 
 
 
 13 
 
 4 
 
 1 
 
 1 
 
 
 
 
 
 1 
 
 
 
 
 
 1 
 
 
 
 
 
 
 
 4 
 
 
 
 
 
 4 
 
 
 
 
 
 4 
 
 
 
 
 
 4 
 
 
 
 
 
 4 
 
 
 
 
 
 4 
 
 
 
 
 
 4 
 
 
 
 
 
 4 
 
 
 
 
 
 4 
 
 
 
 
 
 4 
 
 
 
 
 
 4 
 
 
 
 
 
 4 
 
 
 
 (5 
 
 8 
 
 
 
 13 
 
 4 
 
 5 
 
 10 
 
 
 
 5 
 
 10 
 
 
 
 
 
 (i 
 
 8 
 
 
 
 6 
 
 8 
 
 3 
 
 5 
 
 () 
 
 3 
 
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 G 
 
 
 
 (5 
 
 8 
 
 
 
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 8 
 
 2 
 
 9 
 
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 2 
 
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 3 
 
 4 
 
 
 
 6 
 
 8 
 
 1 
 
 3 
 
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 1 
 
 3 
 
 6 
 
 
 
 13 
 
 4 
 
 
 
 13 
 
 4
 
 QQQ ArrENDix III. 
 
 Lower Scale. Higlier Scale. 
 
 Attending the registrar With brief ana papers and be- ^ ^ ^ 
 
 speaking draft order . • • • • _ q 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 6 8 
 
 iuLding Mr. ^ ^ appointing consultation . . ^ ^ ^ 
 
 Paid fee to hiin and clerk . , • ' i.^+:* ,, 3 4 b ^ 
 
 Attending Mr. appointing consultation . ; ^ 3 , ^ 3 t 
 
 Paid fee to him and clerk . • • • 0134 013< 
 
 t^s^:^^'^"^'^^"''-^'^^'''''''. 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- ! . 4 
 
 2 
 4 
 3 4 
 
 
 
 6 
 
 6 8 
 
 1 1 
 
 13 
 3 3 
 
 3 6 
 4 
 2 6 
 3 
 6 8 
 
 3 
 
 4 
 2 
 5 
 13 
 
 4 
 5 
 
 
 5 
 
 6 8 
 
 6 
 
 ,068 
 , 15 
 .060 
 
 c 
 li; 
 (
 
 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. 
 
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 APPENDIX in. 
 
 raiashoHW ..iter foH..anona.nce,taU.g notes ^'^ 
 
 d. 
 
 and transcript of same ' . / i conferring Avith 
 
 13 ^ 
 
 4 
 2 6 
 
 7 
 5 4 
 
 4 
 8 
 6 
 
 him at great lengui io^i-'^-.-.e, -- - _ ^ • ^ /' n 15 
 
 hearing^f the demurrer . • • . " T? 6 
 
 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 6 8 
 raidfeetolumandcleik .^^^^_ . . • • « ^^ «, 2 4 
 
 Attending Mr. , • ■ ■ ' n fi 8 6 
 
 raid fee to hmi aiKUleik .^^.^^^.^^g ,,,,,,,, ^^ 6 8 ^ ^ 
 
 Attending Mr. ' ^'^ ' ^ ^ . . . • ;^ o 4 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 ^ 6 
 
 act on down as shou, an i „ -^^^tes of orders ■ . • ^ " 
 
 »^=iutLS:^sr!>":''^": :-. 
 
 ;^f trirtf tSiS- r„. ,^e .,U,c. .*.,.«... 3 4 3 
 WriUng^to each with same . • • " ' 
 
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 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 . . . . . . . G 8 1"] 1 
 
 Or according to circumstances not to exceed . . .110 2 ■* 
 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 G 8 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 . . G 8 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 . 
 
 £ 
 
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 G70 
 
 APPENDIX HI. 
 
 Lower Scale. Higher Scale. 
 £ s. d. 
 
 Attendingbefore the registrar settling draft judgment . 6 8 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. • ^2 6 u ^ ^ 
 
 Paid for judgment . • •.• • ' "068 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; 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 -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 10 
 
 Drawing' same ,010 01 
 
 §Li;Sg^py"of -ill and other doc^ie^^^^ ^ ^ 
 
 to settle draft demurrer, at per ioho . . • ' ^ ^ g 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 
 
 Paid stamping same .- 020 
 
 Making copy to leave at chamtx-rs . • • • ^ 
 
 Or per folio !o26 
 
 Service of same . ■ • • • • " * 6 8 
 
 Attending summons when order made . . • ; ^ 3 
 
 Paid for order . ■ • • .' 1 * 6 8 
 
 Attending for order and to get same en ered r i- ' n 4 
 
 MaSgcqwdruiUlcmurrer for the printer, at per folio 4 
 
 
 
 6 
 
 8 
 
 
 
 6 
 
 
 
 
 
 8 
 
 
 
 
 
 
 
 4 
 
 6 
 
 
 
 5 
 
 
 
 4 
 
 6 
 
 
 
 5 
 
 
 
 6 
 
 8 
 
 
 
 6 
 
 
 
 2 
 
 
 
 1 
 
 2 
 
 
 
 6 
 
 8 
 
 
 
 6 
 
 
 
 3 
 
 
 
 
 
 3 
 
 
 
 15 
 
 
 
 
 
 15 
 
 
 
 6 
 
 
 
 
 
 6 
 
 6 8 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. 
 
 (/. 
 
 
 
 
 
 2 
 
 
 
 
 
 2 
 
 
 
 
 
 2 
 
 
 
 
 
 3 
 
 
 
 
 
 4 
 
 
 
 
 
 4 
 
 
 
 
 
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 8 
 
 
 
 6 
 
 8 
 
 
 
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 8 
 
 
 
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 8 
 
 
 
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 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 . 
 
 6 
 
 10 
 
 
 
 13 
 
 4 
 
 1 
 
 1 
 
 
 
 1 
 
 1 
 
 
 
 2 
 
 2 
 
 
 
 
 
 
 
 4 
 
 
 
 
 
 4 
 
 
 
 6 
 
 8 
 
 
 
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 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. 
 
 4 
 
 6 
 
 5 
 
 6 
 
 2 
 
 6 
 
 2 
 
 6 
 
 15 
 
 
 
 15 
 
 
 
 6 
 
 
 
 6 
 
 
 
 5 
 
 
 
 10 
 
 
 
 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 
 
 
 
 6 
 
 8 
 
 13 
 
 4 
 
 
 
 5 
 
 
 
 
 
 
 
 6 
 
 8 
 
 13 
 
 4 
 
 
 
 6 
 
 8 
 
 13 
 
 4 
 
 
 
 5 
 
 
 
 5 
 
 
 
 
 
 3 
 
 4 
 
 6 
 
 8 
 
 1 
 
 3 
 
 6 
 
 1 3 
 
 6 
 
 
 
 5 
 
 
 
 10 
 
 
 
 
 
 2 
 
 
 
 2 
 
 
 
 
 
 
 
 4 
 
 
 
 4 
 
 their 
 e will 
 
 6 8 
 
 3 G 
 
 6 8 
 
 3 6 
 
 6 8 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. 
 
 3 3 G 
 
 () 8 8 
 
 3 3 
 
 
 
 G 
 
 8 
 
 
 
 
 
 8 
 
 
 
 5 
 
 
 
 
 
 5 
 
 
 
 
 
 4 
 
 2 
 
 
 
 4 
 
 2 
 
 
 
 4 
 
 
 
 
 
 4 
 
 
 
 
 
 4 
 
 
 
 
 
 4 
 
 
 
 
 
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 8 
 
 
 
 
 
 8 
 
 
 
 4 
 
 
 
 
 
 4 
 
 
 
 
 
 
 
 8 
 
 
 
 
 
 8 
 
 
 
 1 
 
 4 
 
 
 
 1 
 
 4 
 
 
 
 6 
 
 8 
 
 
 
 
 
 8 
 
 
 
 1 
 
 6 
 
 
 
 1 
 
 
 
 
 
 1 
 
 4 
 
 
 
 1 
 
 4 
 
 
 
 2 
 
 
 
 
 
 2 
 
 
 
 
 
 
 
 8 
 
 
 
 
 
 8 
 
 
 
 4 
 
 
 
 
 
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 1 
 
 
 
 2 
 
 2 
 
 
 
 
 
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 8 
 
 
 
 13 
 
 4 
 
 
 
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 8 
 
 
 
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 3 
 
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 8 
 
 8 
 2 8 
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 3 
 
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 8 
 
 8 
 2 8 
 4
 
 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. 
 
 
 
 6 
 
 8 
 
 
 
 13 
 
 
 
 3 
 
 
 
 
 
 6 
 
 
 
 2 
 
 
 
 
 
 3 
 
 
 
 2 
 
 
 
 
 
 2 
 
 
 
 3 
 
 6 
 
 
 
 4 
 
 
 
 6 
 
 8 
 
 
 
 6 
 
 
 
 2 
 
 8 
 
 
 
 2 
 
 
 
 G 
 
 8 
 
 
 
 6 
 
 
 
 (> 
 
 8 
 
 
 
 6 
 
 1 
 
 
 
 
 
 2 
 
 
 
 
 
 1 
 
 4 
 
 
 
 1 
 
 
 
 10 
 
 
 
 1 
 
 
 
 
 
 4 
 
 
 
 
 
 4 
 
 
 
 (j 
 
 8 
 
 
 
 13 
 
 
 
 3 
 
 4 
 
 
 
 3 
 
 
 
 2 
 
 4 
 
 
 
 2 
 
 
 
 2 
 
 4 
 
 
 
 2 
 
 
 
 2 
 
 4 
 
 
 
 2 
 
 
 
 2 
 
 4 
 
 
 
 2 
 
 
 
 13 
 
 4 
 
 1 
 
 6 
 
 
 
 G 
 
 8 
 
 
 
 13 
 
 
 
 2 
 
 
 
 
 1 
 
 2 
 
 
 
 
 G 
 
 8 
 
 
 
 G 
 
 
 
 G 
 
 8 
 
 
 
 13 
 
 
 
 3 
 
 4 
 
 
 
 3 
 
 
 
 G 
 
 8 
 
 
 
 () 
 
 
 
 3 
 
 4 
 
 
 
 3 
 
 
 
 G 
 
 8 
 
 
 
 G 
 
 
 
 1 
 
 8 
 
 
 
 1 
 
 
 
 G 
 
 8 
 
 
 

 
 Higher Scale. 
 £ 1. <l. 
 
 
 
 
 (', 
 G 
 
 
 
 8 
 
 
 
 C 
 
 8 
 
 
 
 G 
 
 8 
 
 
 
 8 
 
 13 
 
 4 
 
 
 
 1 8 
 
 1 
 
 8 
 
 
 
 (5 8 
 
 13 
 
 4 
 
 
 
 G 8 
 
 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 G 
 
 Atti'iuliiij,' to insert same in .... 
 
 Paid lor insertions and C(i|>ics (it" papers . 
 
 Attt'iidin;.,' to insert same in . . . . . . 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 . . . . 3 G 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 . . 3 G 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 . . G 8 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 . . . G 8 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 3 G 3 G 
 
 Attending the receiver, conferring with him as to what 
 
 steps should be tiken with regard to the property in 
 
 (juestion . , . . ' , . . . ' . G 8 G 8 
 
 X X 2 
 
 
 
 G 
 
 8 
 
 
 
 G 
 
 8 
 
 
 
 8 
 
 
 
 
 
 8 
 
 
 
 
 
 () 
 
 8 
 
 
 
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 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 
 
 
 
 6 
 
 8 
 
 13 
 
 4 
 
 
 
 2 
 
 
 
 3 
 
 
 
 
 
 1 
 
 
 
 2 
 
 
 
 
 
 3 
 
 6 
 
 4 
 
 6 
 
 
 
 4 
 
 
 
 4 
 
 
 
 
 
 1 
 
 4 
 
 1 
 
 4 
 
 
 
 3 
 
 
 
 3 
 
 
 
 
 
 6 
 
 8 
 
 6 
 
 8 
 
 
 
 4 
 
 6 
 
 4 
 
 6 
 
 
 
 1 
 
 4 
 
 1 
 
 4 
 
 
 
 2 
 
 
 
 2 
 
 C 
 
 
 
 
 
 8 
 
 
 
 e 
 
 
 
 4 
 
 U 
 
 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 . • • • • ■ 
 
 6 8 6 
 
 Michaelmas Sittings, 1876. 
 
 the accounts ._ • • „ ^ ^d hy the 
 
 Attending the [oceiver as^ ^1 £ J^^J-,, ,,aer 
 
 Bank when he promised ^^s a uu recoverv , ^ 
 
 to take immediate proceeding, lor . \ C 8 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 
 Writiii;.,' to plaiutiflV solicitors as to the result of ap- 
 pointment for adjudication of claims, they not having' 
 
 attended the ai)pointment .3 .3 G 
 
 Paid for copy list of claims, folios 32 . . . . 12 8 12 H 
 
 Paidfor copy list r>., folios 20 G 8 (> 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 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 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 13 4 
 
 Attending appointment settling draft order . . .068 13 4 
 1877. Instructions for assignment of & Co.'s 
 
 bill of exchange to Messrs. . . . .068 068 
 
 Drawing same, folios 20 10 10 
 
 :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 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 G 8 
 Sittings fee 15 15 
 
 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 ..... 
 
 
 
 G 8 
 
 
 
 6 
 
 8 
 
 
 
 9 
 
 
 
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 3 
 
 
 
 3 
 
 
 
 
 
 G 8 
 
 
 
 6 
 
 js
 
 1 1 
 
 3 f) 5 
 
 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 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 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 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 2 2 
 
 "Writing to defendant's solicitors therewith and theicon 3 6 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 . . . • • • .... 6 8 6 
 
 AVriting to defendant's solicitois for copy of their 
 
 counsel's opinion _ 3 () .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 . . . . 13 4 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 
 
 6 8
 
 8 
 
 6 8 
 
 3 G 
 
 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 1.3 4 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. ... 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 ...... 
 
 
 
 8 
 
 13 
 
 4 
 
 6 
 
 8 
 
 6 
 
 8 
 
 9 
 
 
 
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 6 
 
 
 
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 8 
 
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 8 
 
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 6 
 
 2 4 
 
 G
 
 Lower Scale. 
 
 Higher Scale. 
 
 £ s. (/. 
 
 £ s. d. 
 
 3 4 
 
 6 8 
 
 1 6 
 
 16 
 
 13 4 
 
 13 4 
 
 6 8 
 
 13 4 
 
 15 
 
 15 
 
 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 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 6 8 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 68 068 
 
 Attending a])pointment on adjourned adjudication, when 
 
 same was adjourned for a week at defendant's reipiest 6 8 6 8 
 
 
 
 3 
 
 6 
 
 3 
 
 6 
 
 
 
 1 
 
 
 
 1 
 
 
 
 
 
 6 
 
 8 
 
 13 
 
 4 
 
 
 
 6 
 
 8 
 
 13 
 
 4 
 
 3 
 
 6 
 
 5 
 
 
 
 15 
 
 
 
 15 
 

 
 
 
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 8 
 
 
 
 
 
 8 
 
 
 
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 4 
 
 
 
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 8 
 
 I 
 
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 (J 
 
 
 
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 4 
 
 
 
 
 
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 1 
 
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 4 
 
 
 
 13 
 
 4 
 
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 15 
 
 
 
 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 8 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 . . . ;5 G 5 
 
 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 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 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 ' " ' ' 3 8 3 8 
 Paid for copy draft certificate, folios 11 • • " q 3 8 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 1 f 
 
 Perusing same ] . 15 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^^ ^, 8 6 
 
 certificate of fund m Court and aiten^ aids lor. auu j, 2 8 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 • 
 
 
 
 6 
 
 8 
 
 1 
 
 1 
 
 
 
 2 
 
 
 
 
 
 3 
 
 
 
 1 
 
 
 
 
 
 2 
 
 
 
 3 
 
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 4 
 
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 7 
 
 
 
 
 
 7 
 
 
 
 2 
 
 4 
 
 
 
 2 
 
 
 
 2 
 
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 2
 
 .<i\ver 8c 
 
 .t n. 
 
 
 Higher Stale. 
 £ s. d. 
 
 6 
 
 
 8 
 8 
 
 6 8 
 6 8 
 
 6 
 
 8 
 
 1 
 
 1 
 
 
 
 4 
 
 
 
 
 
 4 
 
 
 
 6 
 
 8 
 
 
 
 6 
 
 8 
 
 10 
 
 
 
 1 
 
 
 
 
 
 (i 
 
 8 
 
 
 
 13 
 
 4 
 
 2 
 
 8 
 
 
 
 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 6 8 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 
 
 
 
 
 
 8 
 
 
 
 
 
 8 
 
 
 
 2 
 
 6 
 
 
 
 2 
 
 6 
 
 
 
 2 
 
 6 
 
 
 
 2 
 
 6 
 
 
 
 6 
 
 8 
 
 
 
 6 
 
 8 
 
 
 
 
 
 4 
 
 
 
 
 
 4 
 
 
 
 6 
 
 8 
 
 
 
 6 
 
 8 
 
 
 
 2 
 
 
 
 1 
 
 2 
 
 
 
 
 
 6 
 
 8 
 
 
 
 6 
 
 8 
 
 
 
 3 
 
 
 
 
 
 3 
 
 
 
 6 
 
 8 
 
 6 
 
 8 
 
 15 
 
 
 
 15 
 
 
 
 3 3 
 
 
 
 4 4 
 
 
 
 2 2 
 
 
 
 2 2 
 
 
 
 10 
 
 6 
 
 10 
 
 6 
 
 6 
 
 8 
 
 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 6 8 6 
 
 Writing to the testator's son requesting him to call upon 
 
 us to-morrow morning 3 6 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 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 
 
 
 
 6 
 
 8 
 
 
 
 
 
 3 
 
 6 
 
 
 
 
 
 3 
 
 6 
 
 
 
 
 
 6 
 
 8 
 

 
 l»wer Scale. 
 H. $. (I. 
 
 IlinlitT Scale. 
 
 3 
 
 G 8 
 2 
 
 3 (', 
 
 G 8 
 2 
 
 
 
 6 
 
 8 
 
 
 
 G 
 
 8 
 
 
 
 3 
 
 (5 
 
 
 
 3 
 
 G 
 
 
 
 3 
 
 G 
 
 
 
 3 
 
 G 
 
 
 
 2 
 
 
 
 
 
 2 
 
 
 
 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 . . G 8 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 . . . 3 G 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 3 G 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 . . 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 . . . . G 8 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 3 G 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 
 
 
 
 G 
 
 8 
 
 
 
 G 8 
 
 
 
 3 
 
 (! 
 
 
 
 .3 G 
 
 
 
 G 
 
 a 
 
 
 
 G 8 
 
 
 
 G 
 
 
 
 
 
 G 
 
 
 
 ■> 
 
 
 
 
 
 2
 
 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 . • 
 
 1 
 
 2 
 
 4 
 
 
 
 6 
 
 1 8 
 
 1 8 
 
 1 1 
 6 8 
 2 
 
 1 
 2 
 
 1 
 2 
 6 
 4 
 3 
 6 
 
 8 
 
 8 
 
 8 
 6 
 4 
 
 
 i;her Scale. 
 
 & s. ('• 
 
 1 
 
 2 
 
 2 
 
 1. 
 
 4 
 
 1 ? 
 
 1 e 
 
 2 2 ( 
 
 6 i 
 
 2 ( 
 
 3 (; 
 
 13 4 
 
 13 4 
 3 
 
 13 4 
 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 
 
 G 8 
 
 3 G 
 
 6 
 
 2 4 
 
 G 
 
 1 G
 
 COSTS, CHAUCKS, AND KX'I'KNsKS Ol' KKKKNDANT. CS? 
 
 Iy)wer Stale. 
 
 Iliglitr 8.a|p, 
 
 £ -.. </. 
 
 *: «. (/. 
 
 2 8 
 
 •0 2 8 
 
 G 8 
 
 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 8 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 ' 8 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 008 134 
 
 
 
 
 
 8 
 
 
 
 
 
 8 
 
 
 
 <; 
 
 8 
 
 
 
 13 
 
 4 
 
 
 
 
 
 8 
 
 
 
 
 
 8 
 
 
 
 
 
 8 
 
 
 
 13 
 
 4 
 
 
 
 
 
 8 
 
 
 
 13 
 
 4 
 
 
 
 
 
 8 
 
 
 
 
 
 8 
 
 
 
 7 
 
 
 
 
 
 1 
 
 
 
 
 
 2 
 
 4 
 
 
 
 2 
 
 4 
 
 
 
 
 
 8 
 
 
 
 
 
 8 
 
 
 
 1 
 
 C 
 
 
 
 1 
 
 
 
 
 
 2 
 
 4 
 
 
 
 ■; 
 
 4 
 
 
 
 2 
 
 
 
 
 
 2 
 
 
 
 
 
 1 
 
 2 
 
 
 
 1 
 
 2 
 
 
 
 
 
 S 
 
 
 
 G 
 
 8 
 
 
 
 7 
 
 
 
 
 
 - 
 
 
 
 
 
 2 
 
 4 
 
 
 
 2 
 
 4 
 
 
 
 
 
 8 
 
 
 
 G 
 
 8 
 
 
 
 1 
 
 
 
 
 
 1 
 
 
 
 
 
 2 
 
 4 
 
 
 
 .-) 
 
 4 
 
 
 
 2 
 
 
 
 
 
 2 
 
 
 
 u 
 
 1 
 
 2 
 
 
 
 1 
 
 2 
 
 (1 
 
 4 
 
 
 
 
 
 4 
 
 
 
 
 
 
 
 8 
 
 
 
 
 
 8 
 
 
 
 3 
 
 4 
 
 
 
 3 
 
 4 
 
 (1 
 
 3 
 
 
 
 
 
 3 
 

 
 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 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 . 3 6 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 . 
 
 
 
 or 8<nlc. 
 ». <t. 
 9 
 
 IIlKJicr Scale. 
 £ ». </. 
 9 
 
 
 
 3 
 
 
 
 3 
 
 I 
 
 4 
 
 
 
 1 4 
 
 
 
 (> 
 
 8 
 
 G 8 
 
 :i 
 
 fj 
 
 f) 
 
 3 r» «> 
 
 
 
 3 
 
 4 
 
 (5 8 
 
 1 
 
 () 
 
 
 
 1 n 
 
 
 
 13 
 
 4 
 
 13 4 
 
 3 G 
 
 G 8 
 
 2 
 
 2 1) 
 
 3 6 
 
 3 G 
 
 1 1 
 
 3 
 
 2 
 
 4 
 
 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 
 
 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 
 
 Vriting the receiver with and upon the claim of . 
 
 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 . . 
 -lose copy order appointing agent at , folios 3 . 
 
 ^'otice to settle same, copy and service .... 
 
 0. Attending the receiver on his calling, conferring 
 with him in reference to various matters, and in 
 
 3 G 3 G 
 2 2 
 
 G S G 8 
 
 G 8 G 8 
 
 G 8 G 8 
 3 3 
 
 G 8 6 8 
 
 3 G 3 G 
 3 3 
 
 6 8 6 8 
 
 6 8 6 8 
 10 10 
 4 4 
 
 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 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^^ 3 G 3 
 
 wXgaocU.idantinreplytoh^ 3 G 3 
 
 and fully thereon _. •• • • 030 05 
 
 S;^SL^S:;-"iii^-th:Lgistrar,p^sing;^^^ G 8 13 
 99 WrithS^^o plaintiif 's solicitors hereon and nuinir- 
 
 incT whether all the advertisements had been inserted 
 
 iiig »v..- -- -;^ 3 G 3 
 
 in pursuaiice ot the order . • • ^^ -^^^.^ -^^^.^^ 
 
 ^rt^SSrjvingthem^forir^i.n.to..^ G 8 G 
 
 tioii thereof, and they were to ^^^^^^.^^ ^'-;^^ ;" ;\t,; 
 30. Writing to Me-rs. . . .. "V,f ^^ '° '^^'" ''''\' 3 G 3 
 
 and acknowledging receipt oi claim . • • n "i G 3 
 
 Writing to the receiver therewith and thereon . .030 
 
 Odoher \st. . , 1 
 
 ,,ck™>vl..lginKrocolptoltl.OTcla.m. . • ' ^ 3 „ 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 
 
 3 G 
 3 G 
 
 3 G 
 
 G 8
 
 
 
 6 
 
 8 
 
 
 
 C 8 
 
 
 
 G 
 
 8 
 
 
 
 8 
 
 
 
 (; 
 
 8 
 
 
 
 (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 3 G 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 :'. '"> 
 "SVritinf^ to the receiver therewith and thereon . . 3 G (^ 3 G 
 Writing to defenchint lonj,^ letter in reiily to hers, as to 
 
 the furniture whieh she ])ro]iose(l to .-^ell . . . 3 G 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 . 3 G ' 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 G 8 G 8 
 
 Writing to the receiver in reply to his letter of yestenlay, 
 
 and acknowledging receipt of Mr. 's account . 3 G 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 
 
 
 
 3 
 
 G 
 
 
 
 .'i 
 
 
 
 
 
 1 
 
 
 
 
 
 1 
 
 
 
 
 
 3 
 
 G 
 
 
 
 3 
 
 G 
 
 
 
 3 
 
 G 
 
 
 
 3 
 
 G 
 
 
 
 3 
 
 G 
 
 
 
 5 
 
 
 
 
 
 6 
 
 8 
 
 13 
 
 1 
 
 
 
 3 
 
 G 
 
 3 
 
 () 
 
 
 
 3 
 
 G 
 
 3 
 
 G 
 
 
 
 3 
 
 G 
 
 3 
 
 G 
 
 
 
 3 
 
 G 
 
 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 ,. . 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 3 (J 
 Writin<' to the receiver therewith and thereon ... U J 
 W ng to the receiver in reply to his letter as 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 (; 3 
 The like to Messrs. <x (^0. . • • • 
 
 Wiltin- to the receiver with these two claims, an.l 
 
 3 3 
 
 3 G 3 
 
 9/AUendin'' Mr! ' ,"a creditor, on 'his calling 
 ''fotlnforn^rtion as to the 'position of this estate, and 
 
 informing him thereof 
 
 3 3 
 8
 
 3 
 
 
 
 3 
 
 
 
 (J 3 
 
 C) 
 
 3 
 
 (3 
 
 10 
 
 
 
 10 
 
 
 
 3 
 
 (; 
 
 3 
 
 (J 
 
 
 
 1 
 
 4 
 
 1 
 
 4 
 
 
 
 1 
 
 4 
 
 ] 
 
 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 3 (! 3 G 
 
 25. Writing' to tlie rcccivir in reference to the secu- 
 rities at the Bank 3 G 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 6 8 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 (> 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 .... 
 
 3 
 
 6 
 
 3 
 
 6 
 
 3 
 
 6 
 
 3 
 
 G 
 
 10 
 
 6 
 
 10 
 
 6 
 
 3 
 
 6 
 
 3 
 
 6 
 
 3 
 
 6 
 
 3 6 
 
 13 
 
 
 
 10 
 
 
 
 3 
 
 6 
 
 
 
 3 
 
 6 
 
 
 
 3 
 
 (■> 
 
 
 
 3 
 
 
 
 
 
 3 
 
 G 
 
 
 
 3 
 
 6 
 
 
 
 6 
 
 8 
 
 
 
 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 
 
 their claims, and thereon . • \ '•,'•„' n "i ^^ 036 
 wSg to the receiver with and iipon the two^^^^^^^ 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 ^ 3 
 
 6 8 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 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 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 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 
 
 3 6 3 
 3 6 3
 
 6 8 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 3 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 6 fi 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 . 6 8 6 8 
 
 Writing to three creditors acknowledging receipt of 
 
 tlieir claims, and thereon 10 C 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 
 
 
 
 3 
 
 6 
 
 
 
 3 
 
 6 
 
 
 
 6 
 
 8 
 
 
 
 6 
 
 8 
 
 
 
 3 
 
 6 
 
 
 
 3 
 
 6 
 
 
 
 3 
 
 6 
 
 
 
 3 
 
 6 
 
 3 6 <) 3 6 
 
 
 
 8 
 
 8 
 
 
 
 8 
 
 8 
 
 
 
 6 
 
 8 
 
 
 
 6 
 
 8 
 
 
 
 3 
 
 6 
 
 
 
 5 
 
 
 
 
 
 3 
 
 6 
 
 
 
 3 
 
 6
 
 696 APPENDIX IIT. 
 
 lower Scale. Higher Scale. 
 £ s. d. £ s. d. 
 
 5 
 
 
 
 
 
 5 
 
 
 
 4 
 
 
 
 
 
 4 
 
 
 
 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 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 
 
 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 . . . . . . 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 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 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 6 8 6 
 
 
 
 6 
 
 8 
 
 
 
 6 
 
 8 
 
 
 
 14 
 
 
 
 
 
 14 
 
 
 
 
 
 4 
 
 8 
 
 
 
 4 
 
 8 
 
 
 
 3 
 
 6 
 
 
 
 3 
 
 6 
 
 
 
 6 
 
 8 
 
 
 
 6 
 
 8 
 
 
 
 1 
 
 6 
 
 
 
 1 
 
 6 
 
 
 
 4 
 
 8 
 
 
 
 4 
 
 8 
 
 
 
 2 
 
 
 
 
 
 2 
 
 
 
 
 
 2 
 
 4 
 
 
 
 2 
 
 4 
 
 
 
 4 
 
 
 
 
 
 4 
 
 
 
 
 
 6 
 
 8 
 
 
 
 6 
 
 8 
 
 
 
 K) 
 
 
 
 
 
 16 
 
 
 
 
 
 .") 
 
 4 
 
 
 
 5 
 
 4 
 
 
 
 18 
 
 
 
 
 
 18 
 
 
 
 
 
 8 
 
 8 
 
 
 
 8 
 
 8 
 
 
 
 4 
 
 
 
 
 
 4 
 

 
 iiwcr Scalf. 
 i; s. d. 
 
 HiKlicr Scale. 
 Ji, t. d. 
 
 2 
 
 G 
 
 
 
 2 G 
 
 G 
 
 8 
 
 
 
 G 8 
 
 3 
 
 G 
 
 
 
 3 G 
 
 5 
 2 
 2 
 4 
 
 4 
 
 8 
 
 
 
 
 
 
 
 5 4 
 2 
 
 2 8 
 4 
 
 G 
 
 8 
 
 13 
 
 4 
 
 3 
 
 G 
 
 3 
 
 () 
 
 3 
 
 G 
 
 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 
 "Writing to plaintiff's solicitors informing thereof and 
 
 thereon 3 G 3 G 
 
 The like to the receiver. . . . . . . 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 3 6 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 
 
 3 
 
 G 
 
 3 
 
 fi 
 
 1 11 
 
 6 
 
 1 11 
 
 G
 
 m Ari>E>^DlX 111. 
 
 Lower Scale. Higher Scale. 
 £ s. d. £ s. rf. 
 
 3 6 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 • ^, • , ' * ' ' ! 2 ^ - 
 
 attending posting same at U 6rf. eatti . • _ q 5 n 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 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 13 4 
 
 'tfu. business, and advising l^i"\tl\ercon • • • 
 
 take with reference to receipt ior .£ . 3 6 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 ^ 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 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 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 
 
 
 
 6 
 
 8 
 
 
 
 6 
 
 8 
 
 
 
 8 
 
 
 
 
 
 8 
 
 
 
 
 
 6 
 
 8 
 
 
 
 6 
 
 8 
 
 
 
 2 
 
 8 
 
 
 
 2 
 
 8 
 
 
 
 1 
 
 
 
 
 
 1 
 
 
 
 
 
 6 
 
 8 
 
 
 
 6 
 
 8 
 
 
 
 2 
 
 6 
 
 
 
 2 
 
 6 
 
 
 
 2 
 
 8 
 
 
 
 2 
 
 8 
 
 
 
 2 
 
 
 
 
 
 2 
 
 
 
 
 
 1 
 
 4 
 
 
 
 1 
 
 4 
 
 
 
 4 
 
 
 
 
 
 4 
 

 
 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 6 8 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 , • • 6 8 u 1,5 
 
 Attending Messrs. . , creditors, on heir call ng, 
 
 mving them information respecting the testatoi s 
 
 estatcrasre.iuested,andconferringwith them thereon 6 8 6 
 Writing to Messrs. & Co. acknowledging 
 
 receipt of their claim, and thc'reon . . • • l' 03 
 
 Writing to the receiver therewith, and thereon . .036 ^ 
 Writing to Messrs. , creditors, m reply to tlu-.r 
 
 lette? as to the position ol tins matter as requested 3 6 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..^; : 18 oi8 
 
 ^rS:Xg Messrs. ' "^ C.;. with reference ^ ^ ^ , , 
 to their account, and thereon 
 
 
 
 6 
 
 8 
 
 
 
 6 
 
 
 
 7 
 
 
 
 
 
 7 
 
 
 
 2 
 
 4 
 
 
 
 2 
 
 
 
 1 
 
 
 
 
 
 1 
 
 
 
 6 
 
 8 
 
 
 
 6 
 
 
 
 2 
 
 6 
 
 
 
 2 
 
 
 
 2 
 
 4 
 
 
 
 2 
 
 
 
 2 
 
 
 
 
 
 2 
 
 
 
 1 
 
 2 
 
 
 
 1 
 
 
 
 4 
 
 
 
 
 
 4
 
 lie Ifceiver 
 
 
 
 
 
 
 
 f; 
 
 8 
 
 
 
 n 
 
 8 
 
 
 13 
 
 
 
 
 
 13 
 
 
 
 G 
 
 8 
 
 G 8 
 
 10 
 
 
 
 10 
 
 1 
 
 
 
 1 
 
 G 
 
 8 
 
 G 8 
 
 2 
 
 
 
 2 
 
 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 G 8 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 3 G 3 G 
 
 Subsequently attending the receiver on his calling upon 
 
 us, and going through and settling draft power of 
 
 attorney G 8 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 . G 8 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 6 8 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 6 8 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 
 
 
 
 6 
 
 8 
 
 13 
 
 4 
 
 
 
 9 
 
 G 
 
 9 
 
 G 
 
 
 
 3 
 
 G 
 
 3 
 
 6 
 
 
 
 2 
 
 
 
 2 
 
 
 
 
 
 4 
 
 
 
 4 
 
 
 
 
 
 G 
 
 8 
 
 13 
 
 4 
 
 
 
 4 
 
 
 
 4 
 
 
 
 
 
 3 G 
 
 T) 
 
 
 
 
 
 3 
 
 () f) 
 
 
 
 
 
 G 8 
 
 13 
 
 4
 
 702 APPENDIX III. 
 
 Lower Scale. Higher Scale. 
 £, s. d. £, s. d. 
 
 3 6 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 . . • . 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 
 
 6 8 6 
 3 6 3 
 
 6 8 6 
 
 6 8 6 
 10 1 
 
 3 6 3 
 
 6 8 
 
 G 
 
 8 
 
 
 
 13 
 
 4 
 
 
 
 6 
 
 8 
 
 
 
 2 4 
 
 6 
 
 2 
 
 7 
 
 
 
 
 
 3 
 
 4 
 
 
 
 3 
 
 6 
 
 
 
 3 6 
 
 3 6 
 6 8
 
 
 
 8 
 
 G 8 
 
 15 
 
 
 
 15 
 
 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 G 8 G 8 
 
 8. Writing to Mr. infonnini,' him that we liad 
 
 no funds out of wliich to pay his client's interest .030 3 G 
 Writing to defendant in reply to her letter as to the 
 
 sale of the furniture 3 G 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 . . . . 3 G 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 3 G 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 3 G 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 . '. G 8 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 3 G 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 3 G 3 G 
 
 13. Writing to the plaintilf's solicitors requesting to 
 
 know what course they intended to pur.-ue as to i: .030 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 
 
 3 6 3 
 
 5 5 
 
 6 8 6 
 
 3 6 3 
 
 2 4 2 
 
 3 6 3 
 
 6 8 6 
 
 6 8 6 
 2 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. 3 6 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 _. . . 10 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 
 
 6 8 6 
 13 4 13
 
 G 8 G 8 
 
 ^ 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 
 
 8 8 
 8 13 4 
 3 
 
 
 
 3 () 
 
 
 
 3 
 
 
 
 
 
 3 (; 
 
 
 
 3 
 
 
 
 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 
 
 3 
 
 
 
 3 
 
 
 
 
 
 3 
 
 
 
 3 
 
 
 
 
 
 3 G 
 
 
 
 G 
 
 8 
 
 
 
 G 8 
 
 
 
 3 
 
 
 
 
 
 3 6
 
 Lower Se; 
 X. 6-. 
 
 lie. 
 
 Hi-lifi 
 
 
 
 
 G 
 
 8 
 
 
 
 6 
 
 
 
 3 
 
 6 
 
 
 
 3 
 
 
 
 
 6 
 1 
 
 8 
 
 
 
 
 
 6 
 
 1 
 
 
 
 
 (5 
 
 2 
 
 8 
 
 
 
 
 
 (5 
 2 
 
 
 
 3 
 
 6 
 
 
 
 3 
 
 
 
 3 
 
 6 
 
 
 
 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 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 3 (5 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 . . . . 3 (> 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! •> 4 U 
 
 Preparing exhilnt 10 
 
 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 2 
 
 Making coy.y of allidavil to 1-e mnrl<ed as an office copy 18 
 
 I'aid for office copy 10 
 
 Notice of tiling same, coi)y ami service . . . .040 
 Making copy list of tlie.se claims for the cliiid' cUik, 
 
 folios 10 3 4 
 
 Attending phdntiffis' solicitors on tlieir cal.ing as to tin; 
 claim a''ainst the P.ank, and -■onbTiiiig willi 
 
 3 
 
 (•) 8 G 
 14 14 
 8 8 
 
 8 
 .-) 
 18 
 
 G 8 
 
 2 (J 
 
 2 
 
 18 
 
 10
 
 
 
 :i 
 
 4 
 
 (1 
 
 :} 4 
 
 u 
 
 3 
 
 «; 
 
 U 
 
 :j t; 
 
 
 
 n 
 
 (; 
 
 
 
 ;} C) 
 
 
 
 ."3 
 
 4 
 
 
 
 3 4 
 
 
 
 3 
 
 G 
 
 
 
 3 G 
 
 
 
 G 
 
 8 
 
 13 
 
 4 
 
 
 
 3 
 
 G 
 
 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 . G S 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 G 8 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 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 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 13 4 13 4 
 
 Attending the receiver, informing him thereof, and con- 
 ferring and advising him thereon . . . . (> 8 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 ....... 
 
 
 
 G 
 
 s 
 
 
 
 G 
 
 8 
 
 
 
 G 
 
 8 
 
 
 
 G 
 
 8 
 
 
 
 10 
 
 
 
 
 
 10 
 
 
 
 
 
 G 
 
 8 
 
 
 
 (i 
 
 8 
 
 3 
 
 T) 
 
 G 
 
 3 
 
 .') 
 
 G 
 
 
 
 G 
 
 8 
 
 
 
 (i 
 
 8 
 
 2 
 
 1 
 
 
 
 2 
 
 4 
 
 
 
 
 
 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 (> 8 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 2 3 
 
 Paid stamping same . .• • • • ' q 2 02 
 Afakin*' copy to leave at tluimocrs • . ." ' ' a •> r. a A 
 
 C^l^an'lSviceofs.^^^^^ • " ^ ^ 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 
 
 
 
 G 
 
 8 
 
 
 
 6 
 
 
 
 3 
 
 G 
 
 
 
 3 
 
 
 
 G 
 
 8 
 
 
 
 6 
 
 
 
 IG 
 
 
 
 
 
 16 
 
 
 
 G 
 
 8 
 
 
 
 6 
 
 
 
 (i 
 
 8 
 
 
 
 6 
 
 
 
 G 
 
 
 
 
 
 G 
 
 
 
 2 
 
 
 
 
 
 2 
 
 
 
 3 
 
 G 
 
 
 
 3 
 
 
 
 .'-) 
 
 4 
 
 
 
 5 
 
 
 
 1 
 
 
 
 
 
 1 
 
 Pa'id the testator's son his fee for atlen-ling and makin 
 the affidavit 
 
 2 6 
 
 1 1
 
 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 5 4 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 . C G 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 G 8 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 
 
 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 . . . . ■ (; 6 
 
 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 5 6 5 6 
 
 Making copy allidavit to 1h' marked as an office CO}) V .060 060 
 
 Paid tiling allidavit ".020 020 
 
 Paid for otiice copy 3 030 
 
 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 (! 8 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 . . . 3 (! 3 6 
 
 26. Having received a letter from Mr. as to Mr. 
 
 claim of tiic 23rd inst. writing him in reply . 3 (i 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 . . .' 3 6 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 6 8 6 8 
 
 Writing to the receiver as to whether Mr. should
 
 '10 APPENDIX ITT. 
 
 Lower Scale. 
 
 
 
 3 
 
 6 
 
 
 
 3 
 
 6 
 
 
 
 3 
 
 6 
 
 
 
 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 3 6 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 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 3 6 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 13 4 II 
 
 
 
 3 
 
 6 
 
 
 
 r> 
 
 
 
 
 
 
 
 8 
 
 
 
 
 
 8 
 
 1 
 
 
 
 
 
 I 
 
 
 
 
 
 
 
 6 
 
 8 
 
 
 
 6 
 
 8 
 
 
 
 15 
 
 4 
 
 
 
 15 
 
 4 
 
 
 
 6 
 
 8 
 
 
 
 6 
 
 8 
 
 3 
 
 5 
 
 6 
 
 3 
 
 5 
 
 6 
 
 
 
 6 
 
 8 
 
 
 
 6 
 
 8 
 
 1 
 
 6 
 
 
 
 1 
 
 6 
 
 
 
 
 
 13 
 
 4 
 
 
 
 13 
 
 4
 
 
 
 3 
 
 r. 
 
 
 
 n 
 
 r, 
 
 
 
 ;j 
 
 () 
 
 
 
 :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 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 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 6 8 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 ,") 5 
 
 Tlir like to the jdaintilfs' solicitors . . .05 5 
 
 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 £■ ..... 
 
 
 
 6 
 
 8 
 
 
 
 6 
 
 8 
 
 
 
 6 
 
 8 
 
 
 
 6 
 
 8 
 
 
 
 6 
 
 8 
 
 
 
 6 
 
 8 
 
 
 
 3 
 
 6 
 
 
 
 3 
 
 6
 
 712 APrp;NDix iii. 
 
 Lower Snale. Higlier Scale. 
 A s. d. a s. (I. 
 
 3 6 3 
 
 6 8 13 
 
 3 6 3 
 3 6 3 
 
 3 6 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 3 6 3 
 
 14. Attending Mr. , a creditor, on_ his calling, . 
 
 giving hini information respecting the position of the 
 
 estate as requested . . . • ... 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 . . (i 8 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 ^ 
 
 
 
 6 
 
 8 
 
 
 
 6 
 
 
 
 3 
 
 / 
 
 
 
 3 
 
 
 
 1 
 
 
 
 
 
 1 
 
 
 
 4 
 
 
 
 
 
 4 
 
 
 
 2 
 
 6 
 
 
 
 2 
 
 () 8 6 
 
 
 
 4 
 
 
 
 
 
 4 
 
 
 
 2 
 
 6 
 
 
 
 2 
 
 
 
 3 
 
 
 
 
 
 5 
 
 
 
 6 
 
 8 
 
 
 
 13 
 
 
 
 1 
 
 4 
 
 
 
 1 
 
 
 
 2 
 
 6 
 
 
 
 2 
 
 
 
 3 
 
 6 
 
 
 
 3 
 
 
 
 3 
 
 (5 
 
 
 
 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 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 .j 
 
 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 , . . . 3 3 
 
 Writing to Mr. with cheque for £ inpay- 
 
 ment of Mr. elaim as arram;ed, and for 
 leceipt ' .03 036 
 
 15. Writing to plaintitfs' .solicitors with reference t<J 
 their en«|uiry as to the retention of the £ and 
 
 thereon 03 036 
 
 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^ , 3 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 . . " . S 6 8 
 
 rai.l telegram ! 1 1 Q 
 
 ^'""'a'^^^-*^ l.j 1.5 
 
 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 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 
 
 
 
 3 
 
 G 
 
 ; 
 
 ") 
 
 
 
 3 
 
 
 
 .' 
 
 '.
 
 3 6 
 
 3 6 
 
 3 6 
 
 5 
 
 3 6 
 
 3 6 
 
 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 „ 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 !."» "^-^ »"' 3 6 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^ » 
 
 action and very iully -^^^J\^.^ letter of the 30th 
 ""[^rCtJ^'defendanianc^ with the information he ^3,03 
 
 ^€S^^^^^^^ 3 6 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 
 
 
 
 7 
 
 
 
 7 
 
 
 
 2 4 
 
 
 
 2 
 
 
 
 (•) 8 
 
 
 
 6 
 
 
 
 1 6 
 
 
 
 1 
 
 
 
 2 6 
 
 
 
 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 ". . 3 6 3 
 
 "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 3 3 
 
 Makiiij; copy of h'tter received from Messrs. , 
 
 and writin;,f to the receiver with same and the invoice 3 .") 
 "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 3 3 
 
 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 . . . R 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 . . . ' 8 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 3 
 
 
 
 6 
 
 8 
 
 
 
 6 
 
 
 
 3 
 
 6 
 
 
 
 3 
 
 
 
 3 
 
 
 
 
 
 3 
 
 6 
 
 
 
 3 
 
 (i 
 
 
 
 3 
 
 6
 
 r^-^Q APrE^TDix ni. 
 
 Lower Scale. Higlier Scale. 
 
 -S^Sl..,...^l^^^^^ 3 3 
 
 WSS;^^^ secretary of the AVaterworkJ Company, ^ _^ ^ ^ 3 ^ 
 
 Tetumin"- accounts and thereon . . • ; .i" 
 Wx^itinTt^rther^^^^^^^ 3 3 
 
 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 
 
 3 3 
 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 3 6 
 
 wStll^'to the secretary of ^ Waterworks returning ^ ^ ^ ^ 3 ^ 
 receipt for payment of divideml . • • • 
 
 3 P 3 
 
 8 13 
 3 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^-^ 3 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 (, 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 3 3 
 
 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 3 3 
 
 Writing to the secretary of the Spring Water- 
 works Company enclosing his fee for entry of trans- 
 fer of shares to the defendant 3 3 
 
 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 3 5 
 Writing to Messrs. & Co., and informing them 
 
 that we had sent a copy of their letter to the receiver 3 3 
 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. 3 3 
 
 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 3 3 
 
 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 3 3 6 
 
 3 
 
 
 
 3 
 
 
 
 15 
 
 
 
 15 
 

 
 718 
 
 ArPENl>lX 111. 
 
 Lower Scale. 
 
 Higher Scale. 
 
 4-' S. II. 
 
 3 6 
 
 3 6 
 
 3 6 
 
 3 
 
 3 6 
 3 6 
 
 3 6 
 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 
 
 3 6 
 
 3 6 
 3 6 
 
 6 3 6 
 
 2 
 U 
 
 3 6 
 
 6 8 
 
 3 6 
 
 6 8 
 
 3 6 
 
 3 6 
 
 3 6 
 
 3 6 
 3 6 
 
 3 6 
 3 6 
 
 6 ! 
 
 -2 2 
 14 
 
 3 
 
 6 
 
 3 
 6 
 
 5 
 
 3 
 
 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 . . . 3 (i 3 
 
 "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 3 G 
 
 Engaged all day finally settling schedule to he apj)ended 
 
 to the chief clerk's general certilicate . . . 2 2 3 3 
 
 "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. . . " 3 6 3 6 
 
 Attentling plaintitfs solicitors on their calling, and as \n 
 
 taking the cariiage of the certiticate, and very fully 
 
 thereon \ \ 6 8 6 8 
 
 Sittings fee (J ir> 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 . . 3 (! 3 6 
 Attending the receiver by appointment in long con- 
 ference, going through the chief il,-rk's general 
 
 certificate 8 13 4 
 
 Attending appointment befoie the chief clerk, partly 
 
 settling hisdraft general certificate, when apiiointment 
 
 was adjourned 2 i d 3 3 
 
 (1 
 
 1 8 
 
 o 
 
 1 8 
 
 
 
 3 4 
 
 
 
 3 4 
 
 
 
 3 4 
 
 
 
 3 4
 
 *J20 APPENDIX III. 
 
 6 8 
 
 3 G 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 6 8 
 
 dividend . • • • ',. ' n' ■ ' •.^' 
 Attending the receiver on his calhngconferrmg with 
 
 him fully on the business, and as to the assets realized 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 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 3 3 
 Attending Messrs. on their calhng with 
 reference to the dividend and giving them iniormatioii 
 with reference to the estate 
 
 110 11 
 
 3 6 3 
 
 30 3 
 3 6 5 
 
 6 8 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 3 
 
 Attending,' the receiver on his calling', and cont'erriii;^' 
 
 and advising him with reference to the interviews we 
 
 had bad witli various creditors . . . . .068 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 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 . G 8 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 3 G 
 
 March. 
 Writing to ])laintifT's solicitors, requesting them to issue 
 
 summons for order en further consideration . .06 8 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. 3 3 6 
 
 
 
 8 
 
 6 
 
 8 
 
 18 
 
 4 
 
 18 
 
 4 
 
 6 
 
 8 
 
 6 
 
 8 
 
 18 
 
 4 
 
 18 
 
 4 
 
 6 
 
 8 
 
 6 
 
 8 
 
 9 
 
 2 
 
 9 
 
 2 
 
 
 
 G 8 
 
 13 4 
 
 
 
 '1 4 
 
 2 4 
 
 
 
 2 4 
 
 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. 
 
 
 
 3 
 
 15 
 
 6 
 
 
 
 
 
 3 
 
 15 
 
 ( 
 
 ( 
 
 13 
 
 2 
 (! 
 
 4 
 4 
 8 
 
 1 
 
 
 
 
 1 
 
 2 
 
 13 
 
 ( 
 4 
 
 
 2 
 2 
 6 
 
 
 8 
 6 
 G 
 
 8 
 4 
 
 
 
 
 
 
 
 
 2 
 2 
 6 
 
 
 
 15 
 3 3 
 
 
 
 
 
 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 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 . . . . G 8 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. 
 
 1 
 
 
 
 
 
 1 
 
 U 
 
 •1 
 
 
 
 4 
 
 
 
 4 
 
 
 
 4 
 
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 8 
 
 
 
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 2 4 
 
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 5 8 
 
 
 
 5 
 
 8 
 
 3 4 
 
 
 
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 8 
 
 1 (J 
 
 1 
 
 G 
 
 
 
 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 . . . 3 G 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 13 4 13 4 
 
 Drawing authority to act as next friend i'or infant 
 
 and fair copy and attending to get same signe<l . .068 13 4 
 
 Instructions to sue . . . . . . .068 0134 
 
 Writ of .summons and >pecial iiulorsement . . . 11 8 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 0100 
 
 24. Instructions for statement of claim . . . 13 4 2 2 
 
 Drawing same, at per folio . . . . . .010010 
 
 Attending counsel with same to settle . . . . 6 8' G 8 
 
 Paid fee to him and clerk 246 24G 
 
 27. Making copv of counsers ojiinion on evidence, ;tl 
 
 l.er folio . ' 4 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 .... 
 
 
 
 G 
 
 8 
 
 
 
 6 
 
 8 
 
 
 
 1 
 
 
 
 
 
 1 
 
 
 
 
 
 1 
 
 
 
 
 
 1 
 
 
 
 
 
 3 
 
 6 
 
 
 
 3 
 
 6 
 
 
 
 1 
 
 
 
 
 
 1 
 
 
 
 
 
 
 
 4 
 
 
 
 
 
 4 
 
 
 
 
 
 4 
 
 
 
 
 
 4 
 
 
 
 
 
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 •> 
 
 
 
 3 
 
 4 
 
 
 
 6 
 
 8 
 
 
 
 13 
 
 4 
 
 
 
 13 
 
 4
 
 APPENDIX III. 
 
 Lower Scale. Higher Scale. 
 
 ^^S 9" 10 9 
 
 Paid t^^rsearcluu, ana &>vc^jtm^ 
 
 En'^rossmtr aradavit oi ? ' i . 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. • • _ • 15 15 
 
 Sittings fee ■■■'']..- ^ ^ ^ ^ 
 If agency, letters, CSc. . 
 
 Hilary Sittings, 1878. n n 4 
 
 ■ f and at per folio 4 4 
 U. Engrossing affidavit ot ^ ;j.- .^ith him hereon 
 
 14. Attending Mr. ....^tlement to be exhibited 6 8 
 
 r;htSv!tT'"aur'"bei„g.wo™tosa,„e 8 6 „ 
 
 Wril^'JoMr. • with ™sv.-u-.t of Ws afliaavu ^ ^ ^ ^ 3 , 
 this affidavit . ;.,:•,.„ s\vorn to his affidavit. G 8 
 
 per folio . • ■ .: * Cm. iud^'ment, atperfolu* 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 ^ ^ ^ 2 u 
 
 Paid printers charges . • • • ' ". ".060 6 
 
 99 Aid tiling 3 affidavits . • ■ ' .002 00 
 
 Paidfo^ hoc? copy (print), at per oho. • • q 8 6 
 
 iSending to set down action for tnal • .10 2 
 
 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 ,_^^^^' \ . . 1 1 
 Drawing same, folio ,a 1 ^^^6 of motion, fobo 
 
 ^^^^^^"^S^hibr^Sed .'foUo , for counsel, ^ ^ , 
 together folios, at per folio • • '
 
 ijiWOT S( 
 
 •alp. 
 
 Uiglier S<-i 
 
 alp. 
 
 i; s. 
 
 </. 
 
 £ 
 
 *. 
 
 </, 
 
 
 
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 ■2 
 
 
 
 
 
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 G 
 
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 8 
 
 
 
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 1 
 
 
 
 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 3 (] 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 
 
 
 
 fi 
 
 8 
 
 
 
 n 
 
 8 
 
 
 
 2 
 
 
 
 
 
 2 
 
 
 
 
 
 6 
 
 8 
 
 
 
 13 
 
 4 
 
 
 
 10 
 
 
 
 1 
 
 
 
 
 
 u 
 
 6 
 
 8 
 
 
 
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 4 
 
 
 
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 fj 
 
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 8 
 
 
 
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 8 
 
 
 
 
 
 8 
 
 
 
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 3 
 
 
 
 
 
 6 
 
 8 
 
 
 
 6 
 
 8 
 
 
 
 2 
 
 
 
 1 
 
 2 
 
 
 
 
 
 6 
 
 8 
 
 
 
 6 
 
 8 
 
 
 
 3 
 
 
 
 
 
 3 
 
 
 
 
 
 15 
 
 
 
 
 
 15 
 
 
 
 
 
 6 
 
 
 
 
 
 6 
 
 
 
 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. 
 
 « . ,,. . . «"^ }!^- 3 6 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. 
 
 3 6 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 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 
 
 3 6 3 
 
 3 6 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 3 6 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 
 
 3 6 3 
 
 6 8 6 
 
 G 8 6 
 
 3 6 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. ... .'i C 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 10 
 
 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 
 
 
 
 f) 
 
 8 
 
 
 
 6 
 
 8 
 
 
 
 (i 
 
 S 
 
 
 
 13 
 
 4 
 
 
 
 7 
 
 S 
 
 
 
 8 
 
 8 
 
 
 
 4 
 
 
 
 
 
 4 
 
 
 
 
 
 6 
 
 8 
 
 
 
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 8 
 
 
 
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 4 
 
 
 
 6 
 
 8 
 
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 8 
 
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 <J 
 
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 (i 
 
 
 
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 4 
 
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 8 
 
 
 
 13 
 
 4 
 
 
 
 6 
 
 8 
 
 
 
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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 
 
 6 8 
 
 Higher Scale. 
 £ s. d. 
 
 6 8 
 
 
 
 6 
 
 8 
 
 
 
 13 
 
 4 
 
 
 
 1 
 
 
 
 
 
 1 
 
 
 
 
 
 
 
 4 
 
 
 
 
 
 4 
 
 
 
 6 
 
 8 
 
 
 
 6 
 
 8 
 
 
 
 1 
 
 6 
 
 
 
 1 
 
 6 
 
 
 
 
 
 4 
 
 
 
 
 
 4 
 
 
 
 2 
 
 
 
 
 
 2 
 
 
 
 
 
 
 
 2 
 
 
 
 
 
 2 
 
 
 
 1 
 
 4 
 
 
 
 1 
 
 4 
 
 
 
 1.3 
 
 4 
 
 
 
 13 
 
 4 
 
 
 
 13 
 
 4 
 
 
 
 13 
 
 4 
 
 
 
 15 
 
 
 
 
 
 15 
 
 
 
 1 
 
 1 
 
 
 
 1 
 
 1 
 
 
 
 it 
 
 4 
 
 
 
 4 
 
 
 
 . 
 
 6 
 
 8 
 
 13 
 
 4 
 
 . 
 
 3 
 
 
 
 5 
 
 
 
 . 
 
 
 
 4 
 
 
 
 4 
 
 . 
 
 2 
 
 6 
 
 2 
 
 6 
 
 . 
 
 15 
 
 
 
 15 
 
 
 
 . 1 
 
 1 
 
 
 
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 . 
 
 
 
 4 
 
 
 
 4
 
 
 
 5 
 
 
 
 
 
 
 
 
 
 6 
 
 8 
 
 13 
 
 4 
 
 
 
 5 
 
 
 
 5 
 
 
 
 
 
 5 
 
 
 
 10 
 
 
 
 
 
 
 
 8 
 
 
 
 8 
 
 
 
 
 
 4 
 
 
 
 4 
 
 
 
 5 
 
 
 
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 7 
 
 8 
 
 
 
 6 
 
 8 
 
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 I'LAINTll-l's COSTS OF sl'liCIAL CA^K. 72lj 
 
 Plainfifs Costs on Special Case, 
 
 Micliaelmai Sittings, 187 . 
 
 Lower Scale. Higher Scale. 
 iC s. (1. £, I. d. 
 
 Xovcmbcr, 187 . 
 
 Instructions to sue . . 0C8 0134 
 
 (When taken separately from more than 3 persons 
 not being co-jxirtners), the Taxing Officer may 
 make such further allowance as he shall consider 
 reasonable. See Special Allowance and General 
 Provisions of Additional Rules of Court, dated 
 12th August, 1875.) 
 Certificate of lower scale ...... 
 
 Writ of summons ........ 
 
 Special indorsement ....... 
 
 Paid issuing writ ........ 
 
 Copy writ for service ....... 
 
 At per folio beyond 2 folii>s ...... 
 
 Service on each defendant 
 
 Search api)earance and i)aid . . . * . 
 In.^tructions for special case ...... 
 
 (In liigher scale actions the Taxing Officer may 
 make such allowance as in his discretion he may 
 think fit.) 
 
 Drawing same, folios 40 200 200 
 
 Making copies of testator's will, and other document, 
 
 to enable counsel to settle same, folio 60 . 
 Fee to counsel to settle ....... 
 
 Attending him ........ 
 
 Making two copies for defendants .... 
 
 Attending Mr. with same for defendants . 
 The like, Mr. , for other defendants . 
 Attending , explaining the nature and duties 
 of guardian in order to have a proper person ap- 
 pointed 068 068 
 
 (Charge for attendances on alteration of special 
 case, if any.) 
 Attending producing documents set out in special case 
 for examination of Mr. on behalf of defen- 
 dants 
 
 The like to Mr. on behalf of other defendants 
 
 Paid fee to counsel on re-settling case . 
 Attending him ....... 
 
 Having received alterations on behalf of defendants, 
 
 perusing and considering same 6 8 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 
 
 
 
 
 
 1 
 
 
 
 
 
 3 
 
 5 
 
 6 
 
 3 
 
 5 
 
 6 
 
 
 
 6 
 
 8 
 
 
 
 6 
 
 8 
 
 1 
 
 6 
 
 8 
 
 1 
 
 6 
 
 8 
 
 
 
 6 
 
 8 
 
 
 
 6 
 
 8 
 
 
 
 6 
 
 8 
 
 
 
 6 
 
 8 
 
 
 
 6 
 
 8 
 
 
 
 6 
 
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 6 
 
 8 
 
 
 
 6 
 
 8 
 
 1 
 
 3 
 
 6 
 
 1 
 
 3 
 
 6 
 
 
 
 3 
 
 4 
 
 
 
 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 
 
 Drawing same, folios 5 ..... . 
 
 Engrossing same 
 
 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 ....■■...• 
 
 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 
 
 
 
 6 
 
 8 
 
 
 
 13 
 
 4 
 
 
 
 5 
 
 
 
 
 
 5 
 
 
 
 
 
 1 
 
 8 
 
 
 
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 8 
 
 
 
 6 
 
 8 
 
 
 
 6 
 
 8 
 
 
 
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 6 
 
 
 
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 6 
 
 
 
 I 
 
 8 
 
 
 
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 8 
 
 
 
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 10 
 
 
 
 
 
 10 
 
 
 
 4 
 
 
 
 
 
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 8 
 
 
 
 13 
 
 4 
 
 
 
 3 
 
 
 
 
 
 5 
 
 
 
 
 
 13 
 
 4 
 
 
 
 13 
 
 4 
 
 
 
 6 
 
 8 
 
 
 
 6 
 
 8 
 
 
 
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 8 
 
 
 
 10 
 
 
 
 
 
 3 
 
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 8 
 
 
 
 10 
 
 
 
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 8 
 
 
 
 10 
 
 
 
 
 
 3 
 
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 6 
 
 8 
 
 
 
 15 
 
 
 
 
 
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 4
 
 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 
 
 
 
 3 
 
 4 
 
 
 
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 8 
 
 
 
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 8 
 
 
 
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 8 
 
 
 
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 4 
 
 
 
 15 
 
 
 
 
 
 15 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 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 
 
 . 
 
 6 
 
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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 
 
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 6 
 
 8 
 
 
 
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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/. 
 
 
 
 6 
 
 8 
 
 
 
 10 
 
 
 
 
 
 6 
 
 8 
 
 
 
 10 
 
 
 
 
 
 13 
 
 4 
 
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 8 
 
 
 
 
 
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 6 
 
 
 
 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 ........ 
 
 . () 
 
 8 
 
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 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. 
 (> 8 
 
 Higher Scale. 
 £ r. (I. 
 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 
 
 3 
 
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 13 
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 Trinity Term, 187 . 
 
 One brief copy of special case for counsel, f<dios 40 . G 8 
 Two brief copies of will and other documents for counsel, 
 
 folios 60, each . . 2 
 
 One copy of writ for counsel, f<dios 10 . . . .03 
 
 Drawing observations, folios 20 10 
 
 Two fair copies for counsel 13 
 
 13 4 
 
 
 
 2 
 
 
 
 4 
 
 3 
 
 4 
 
 
 
 1 
 
 
 
 4 
 
 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 
 
 . (5 
 
 8 
 
 
 
 6 
 
 8 
 
 . 4 6 
 
 6 
 
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 6 
 
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 6 
 
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 8 
 
 
 
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 6 
 
 
 
 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 
 
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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 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 0G8 
 
 If special at Ta.\ing Master's di.scret ion not exceeding . G 8 110 
 
 Paid stamp 020 030 
 
 Making copy to leave at chambers 2 2 
 
 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 G 8 G 8 
 
 Drawing same, folios 5 5 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. 
 
 
 
 1 
 
 
 
 
 
 1 
 
 
 
 
 
 6 
 
 8 
 
 
 
 6 
 
 8 
 
 
 
 2 
 
 6 
 
 
 
 2 
 
 6 
 
 
 
 2 
 
 
 
 
 
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 8 
 
 
 
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 8 
 
 
 
 
 
 10 
 
 
 
 
 
 10 
 
 
 
 4 
 
 
 
 
 
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 8 
 
 
 
 13 
 
 4 
 
 
 
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 4 
 
 
 
 
 
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 8 
 
 
 
 13 
 
 4 
 
 
 
 5 
 
 
 
 
 
 5 
 
 
 
 
 
 4 
 
 
 
 
 
 4 
 
 
 
 
 
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 8 
 
 
 
 13 
 
 4 
 
 
 
 5 
 
 4 
 
 
 
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 4 
 
 
 
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 8 
 
 
 
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 8 
 
 
 
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 8 
 
 
 
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 8 
 
 
 
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 8 
 
 
 
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 8 
 
 
 
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 8 
 
 
 
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 8 
 
 
 
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 8 
 
 
 
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 8 
 
 
 
 15 
 
 
 
 
 
 15 
 
 
 
 1 
 
 1 
 
 
 
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 1 
 
 
 
 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 . 
 
 8 
 
 C 8 
 
 )lication, folios 5 
 
 1 
 
 8 
 
 
 
 1 
 
 8 
 
 . 
 
 1 
 
 8 
 
 
 
 1 
 
 8 
 
 
 
 . 
 
 G 
 
 8 
 
 
 
 13 
 
 4 
 
 
 
 . 
 
 2 
 
 
 
 
 
 2 
 
 
 
 
 
 . 
 
 6 
 
 8 
 
 
 
 13 
 
 4 
 
 
 
 . 
 
 6 
 
 8 
 
 
 
 13 
 
 4 
 
 
 
 . 
 
 3 
 
 4 
 
 
 
 3 
 
 4 
 
 , 
 
 
 . 
 
 (J 
 
 8 
 
 
 
 G 
 
 8 
 
 
 
 . 
 
 2 
 
 8 
 
 
 
 2 
 
 8 
 
 
 
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 8 
 
 
 
 6 
 
 8 
 
 
 
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 15 
 
 
 
 
 
 15 
 
 
 
 
 
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 1 
 
 
 
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 1 
 

 
 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 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 . 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 6 
 
 Notice to pass same, copy and service . . .04 
 
 Paid for order 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** 
 
 2 6 
 
 2 
 
 2 4 
 
 I 2 
 
 4 
 
 Higher Scale. 
 Jb $. d. 
 
 G 
 
 1 1 
 3 
 2 
 
 3 
 
 
 6 8 
 
 7 
 
 2 4 
 
 1 
 
 6 8 
 
 2 6 
 
 2 
 
 2 4 
 
 12 
 
 4 
 
 8 
 13 4 
 
 4 
 13 
 4 
 5 
 4 
 13 
 
 6 8
 
 738 APPENDIX IIT. 
 
 Lower Scale. Higher Scale. 
 X. s. d, £, s. d. 
 
 
 
 G 
 
 8 
 
 13 
 
 4 
 
 
 
 2 
 
 
 
 3 
 
 
 
 
 
 2 
 
 
 
 2 
 
 
 
 
 
 4 
 
 6 
 
 5 
 
 6 
 
 
 
 4 
 
 6 
 
 5 
 
 G 
 
 
 
 4 
 
 G 
 
 5 
 
 6 
 
 G 8 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 . . . G 8 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 . 3 G 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 
 
 
 
 6 
 
 8 
 
 
 
 6 
 
 8 
 
 
 
 
 
 6 
 
 
 
 
 
 6 
 
 
 
 3 
 
 G 
 
 
 
 3 
 
 6 
 
 
 
 5 
 
 
 
 
 
 5 
 
 
 
 
 
 3 
 
 
 
 
 
 3 
 
 
 
 6 8 6 8 
 
 
 
 o 
 
 6 
 
 
 
 3 
 
 6 
 
 
 
 2 
 
 
 
 
 
 2 
 
 
 
 
 
 1 
 
 
 
 
 
 2 
 
 
 
 
 
 1 
 
 
 
 
 
 2 
 
 
 
 
 
 1 
 
 
 
 
 
 2 
 
 
 
 
 
 1 
 
 
 
 
 
 2 
 

 
 
 
 4 
 
 
 
 
 
 4 
 
 
 
 
 
 2 
 
 6 
 
 
 
 2 
 
 6 
 
 
 
 2 
 
 6 
 
 
 
 2 
 
 G 
 
 
 
 2 
 
 G 
 
 
 
 '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 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 . . . G 8 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 G 8 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 
 
 
 
 
 
 8 
 
 
 
 G 
 
 8 
 
 
 
 
 
 8 
 
 
 
 
 
 8 
 
 
 
 
 
 5 
 
 
 
 
 
 5 
 
 
 
 
 
 G 
 
 
 
 
 
 G
 
 
 
 3 
 
 4 
 
 
 
 3 
 
 4 
 
 
 
 9 
 
 
 
 
 
 9 
 
 
 
 
 
 6 
 
 8 
 
 
 
 13 
 
 4 
 
 
 
 1 
 
 8 
 
 
 
 1 
 
 8 
 
 
 
 3 
 
 
 
 
 
 5 
 
 
 
 
 
 9 
 
 
 
 
 
 9 
 
 
 
 
 
 G 
 
 8 
 
 
 
 13 
 
 4 
 
 1 
 
 
 
 
 
 1 
 
 
 
 
 
 
 
 13 
 
 4 
 
 
 
 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 . . . . 7 G 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 6 8 6 8 
 
 Letters, &c 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 10 
 
 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 
 
 Instructions for affidavit of ... 
 
 
 
 6 
 
 8 
 
 1 
 
 1 
 
 
 
 
 
 2 
 
 
 
 
 
 3 
 
 
 
 
 
 3 
 
 6 
 
 
 
 4 
 
 6 
 
 
 
 
 
 4 
 
 
 
 
 
 4 
 
 
 
 6 
 
 8 
 
 
 
 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. 
 
 4 
 1 4 
 
 6 8 
 () 
 
 1 
 
 2 
 
 1 
 
 
 
 4 
 
 8 
 
 6 8 
 
 4 
 
 1 4 
 
 6 8 
 
 1 6 
 
 2 
 
 1 4 
 
 8 
 
 4 
 
 6 8 
 
 6 8 
 
 6 
 
 2 
 
 6 8 
 
 1 
 
 2 
 
 2 
 
 1 
 
 4 
 
 6 
 
 
 
 
 
 6 8 
 18 
 6 
 ,3 6 
 
 6 
 
 6 8 
 
 4 
 
 13 4 
 
 6 8 
 
 1 4 
 6 8 
 
 1 
 
 4 
 
 6 
 
 4 
 
 1 
 
 6 
 
 1 
 
 2 
 
 1 
 
 
 
 4 
 
 
 8 
 
 4 
 6 
 
 
 1 4 
 8 
 
 13 4 
 
 6 8 
 
 6 
 
 2 
 
 6 
 
 1 
 
 2 
 
 2 
 
 1 
 
 4 
 
 6 
 
 18 
 
 6 
 
 3 6 
 
 6 
 
 13 4 
 
 4 
 
 1 1 
 
 13 4 
 
 1 4 
 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 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!) 
 
 
 
 5 
 
 4 
 
 
 
 5 
 
 4 
 
 
 
 2 
 
 
 
 
 
 2 
 
 
 
 
 
 3 
 
 6 
 
 
 
 3 
 
 6 
 
 
 
 2 
 
 
 
 
 
 2 
 
 
 
 
 
 1 
 
 4 
 
 
 
 1 
 
 4 
 
 
 
 
 
 8 
 
 
 
 
 
 8 
 
 
 
 6 
 
 8 
 
 
 
 13 
 
 4 
 
 
 
 2 
 
 8 
 
 
 
 2 
 
 8 
 
 
 
 4 
 
 
 
 
 
 4 
 
 
 
 
 
 13 
 
 4 
 
 
 
 13 
 
 4 
 
 
 
 1 
 
 4 
 
 
 
 1 
 
 4 
 
 
 
 3 
 
 
 
 
 
 5 
 
 
 
 
 
 4 
 
 
 
 
 
 4 
 
 
 
 
 
 6 
 
 8 
 
 
 
 13 
 
 4 
 
 
 
 5 
 
 4 
 
 
 
 5 
 
 4 
 
 
 
 1 
 
 6 
 
 
 
 1 
 
 6 
 
 
 
 6 
 
 8 
 
 
 
 6 
 
 8 
 
 
 
 5 
 
 
 
 
 
 5 
 
 
 
 
 
 6 
 
 8 
 
 
 
 6 
 
 8 
 
 
 
 5 
 
 
 
 
 
 5 
 
 
 
 
 
 12 
 
 
 
 
 
 12 
 
 
 
 
 
 6 
 
 8 
 
 
 
 6 
 
 8 
 
 
 
 1 
 
 8 
 
 
 
 1 
 
 8 
 
 
 
 6 
 
 8 
 
 
 
 6 
 
 8 
 
 
 
 6 
 
 8 
 
 
 
 6 
 
 8 
 
 
 
 6 
 
 8 
 
 
 
 6 
 
 8 
 
 
 
 6 
 
 8 
 
 
 
 6 
 
 8 
 
 
 
 15 
 
 
 
 
 
 15 
 
 
 
 
 
 10 
 
 6 
 
 1 
 
 1 
 
 
 
 . 
 
 9 
 
 8 
 
 
 
 9 
 
 8 
 
 . 
 
 9 
 
 8 
 
 
 
 9 
 
 8 
 
 . 
 
 8 
 
 4 
 
 
 
 8 
 
 4 
 
 . 
 
 8 
 
 4 
 
 
 
 8 
 
 4 
 
 . 
 
 3 
 
 
 
 
 
 3 
 

 
 Lower He 
 & s. 
 3 
 
 olo. 
 
 (1. 
 
 
 Higher Scalp. 
 4i s. <^ 
 
 3 
 
 2 8 
 6 
 
 3 5 
 6 
 2 4 
 
 
 8 
 6 
 8 
 6 
 
 2 
 
 3 
 
 2 
 
 8 
 6 8 
 
 5 6 
 
 6 8 
 4 6 
 
 G 8 13 4 
 2 4 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 
 
 
 
 7 
 
 
 
 
 
 7 
 
 
 
 2 
 
 4 
 
 
 
 2 4 
 
 
 
 6 
 
 8 
 
 
 
 G 8 
 
 
 
 1 
 
 6 
 
 
 
 1 6 
 
 
 
 2 
 
 
 
 
 
 2 
 
 
 
 2 
 
 4 
 
 
 
 2 4 
 
 
 
 1 
 
 2 
 
 
 
 1 2 
 
 
 
 6 
 
 8 
 
 
 
 6 8 
 
 
 
 13 
 
 
 
 
 
 13 
 
 
 
 4 
 
 4 
 
 
 
 4 4 
 
 
 
 1 
 
 
 
 
 
 I 
 
 
 
 6 
 
 8 
 
 
 
 6 8 
 
 
 
 2 
 
 6 
 
 
 
 2 6 
 
 
 
 4 
 
 4 
 
 
 
 4 4 
 
 
 
 2 
 
 2 
 
 
 
 2 2 
 
 
 
 6 
 
 8 
 
 
 
 G 8 
 
 1 
 
 1 
 
 
 
 1 
 
 1 
 
 
 
 7 
 
 
 
 
 
 7 
 
 
 
 4 
 
 
 
 
 
 4 
 
 
 
 6 
 
 8 
 
 
 
 G 8 
 
 
 
 5 
 
 6 
 
 
 
 5 6 
 
 
 
 2 
 
 
 
 
 
 2 
 
 
 
 7 
 
 
 
 
 
 7 
 
 
 
 3 
 
 6 
 
 
 
 3 6 
 
 
 
 6 
 
 8 
 
 
 
 6 8 
 
 1 
 
 3 
 
 
 
 1 
 
 3 
 
 
 
 7 
 
 8 
 
 
 
 7 8 
 
 
 
 6 
 
 8 
 
 
 
 G 8 
 
 
 
 1 
 
 G 
 
 
 
 1 6 
 
 
 
 2 
 
 
 
 
 
 2 
 
 
 
 7 
 
 8 
 
 
 
 7 8 
 
 
 
 3 10 
 
 
 
 3 10 
 
 
 
 3 
 
 
 
 
 
 3 
 
 
 
 1 
 
 
 
 
 
 I 
 
 
 
 6 
 
 8 
 
 
 
 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. 
 1 6 
 1 
 6 
 4 
 
 Higher Scale. 
 £ s. d. 
 16 
 1 
 6 
 4 
 
 3 
 3 
 11 
 
 
 6 
 
 
 3 
 3 6 
 11 
 
 2 
 
 14 
 
 
 
 2 
 
 14 
 
 
 
 
 
 13 
 
 4 
 
 
 
 13 
 
 4 
 
 5 
 
 10 
 
 
 
 5 
 
 10 
 
 
 
 
 
 6 
 
 8 
 
 
 
 6 
 
 8 
 
 3 
 
 5 
 
 6 
 
 3 
 
 5 
 
 6 
 
 
 
 6 
 
 8 
 
 
 
 6 
 
 8 
 
 2 
 
 9 
 
 6 
 
 2 
 
 9 
 
 6 
 
 
 
 3 
 
 4 
 
 
 
 6 
 
 8 
 
 1 
 
 3 
 
 6 
 
 1 
 
 3 
 
 6 
 
 
 
 13 
 
 4 
 
 
 
 13 
 
 4 
 
 
 
 6 
 
 8 
 
 
 
 13 
 
 4 
 
 
 
 3 
 
 4 
 
 
 
 3 
 
 4 
 
 
 
 3 
 
 4 
 
 
 
 3 
 
 4 
 
 
 
 6 
 
 4 
 
 
 
 6 
 
 4 
 
 
 
 6 
 
 4 
 
 
 
 6 
 
 4 
 
 
 
 8 
 
 
 
 
 
 8 
 
 
 
 1 
 
 4 
 
 8 
 
 1 
 
 4 
 
 8 
 
 
 
 6 
 
 8 
 
 
 
 6 
 
 8 
 
 2 
 
 4 
 
 6 
 
 2 
 
 4 
 
 6 
 
 
 
 3 
 
 4 
 
 
 
 6 
 
 8 
 
 1 
 
 3 
 
 6 
 
 1 
 
 3 
 
 6 
 
 6 8 
 
 13 4 
 
 1 1 
 
 13 4 
 
 13 4 
 2 2 
 
 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 
 
 
 
 2 
 
 8 
 
 2 
 
 8 
 
 
 
 4 
 
 
 
 4 
 
 
 
 
 
 6 
 
 8 
 
 13 
 
 4 
 
 1 
 
 1 
 
 
 
 3 3 
 

 
 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. 
 
 4 
 
 
 
 4 
 
 
 
 6 
 
 8 
 
 13 
 
 4 
 
 13 
 
 4 
 
 13 
 
 4 
 
 4 
 
 6 
 
 5 
 
 6 
 
 4 
 
 6 
 
 5 
 
 6 
 
 6 
 
 8 
 
 6 
 
 8 
 
 2 
 
 
 
 1 2 
 
 
 
 6 
 
 8 
 
 6 
 
 8 
 
 3 
 
 
 
 3 
 
 
 
 10 
 
 6 
 
 1 1 
 
 
 
 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 
 
 . 
 
 
 
 4 
 
 
 
 4 
 
 . 
 
 
 
 4 
 
 
 
 4 
 
 . 
 
 
 
 4 
 
 
 
 4 
 
 . 
 
 6 
 
 8 
 
 13 
 
 4 
 
 '. 
 
 
 
 4 
 
 
 
 4 
 
 . 
 
 6 
 
 8 
 
 13 
 
 4 
 
 . 
 
 6 
 
 8 
 
 13 
 
 4 
 
 . 
 
 5 
 
 
 
 10 
 
 
 
 8 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 
 
 6 8 
 
 2 6 2 6 
 6 8 6 8
 
 Lower Scale. 
 £ s. (1. 
 5 
 
 Higliev Sei 
 £ s. 
 
 ale. 
 
 3 
 
 2 
 2 
 
 
 
 
 
 
 
 
 
 13 
 3 
 
 2 
 
 4 
 
 
 
 6 
 1 
 
 1 
 
 8 
 
 4 
 
 
 
 
 
 
 
 6 
 1 
 
 1 
 
 8 
 
 4 
 
 
 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 
 
 
 
 
 
 4 
 
 
 
 
 
 4 
 
 
 
 2 
 
 
 
 
 
 2 
 
 
 
 
 
 
 
 2 
 
 
 
 
 
 2 
 
 
 
 6 
 
 8 
 
 
 
 13 
 
 4 
 
 
 
 1 
 
 8 
 
 
 
 1 
 
 8 
 
 
 
 6 
 
 8 
 
 
 
 13 
 
 4 
 
 
 
 6 
 
 8 
 
 
 
 6 
 
 8 
 
 
 
 3 
 
 
 
 
 
 5 
 
 
 
 
 
 6 
 
 8 
 
 
 
 13 
 
 4 
 
 
 
 6 
 
 8 
 
 
 
 6 
 
 8 
 
 
 
 6 
 
 8 
 
 
 
 6 
 
 8 
 
 
 
 
 
 8 
 
 
 
 
 
 8 
 
 
 
 6 
 
 8 
 
 
 
 6 
 
 8 
 
 
 
 15 
 
 
 
 
 
 15 
 
 
 
 
 
 6 
 
 
 
 
 
 6 
 

 
 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 13 4 
 
 Paid for 9 copies of same, folios 8 each (printed) . .034 034 
 
 If agency, close copy, at per folio 2 3 
 
 June. 
 Drawing notice of motion to exclude counterclaim, 
 
 folios 3 3 3 
 
 Copy and serAdce of same 036 036 
 
 Drawing brief for counsel, folios 12 . . . . 12 12 
 Making two copies of same and notice of motion for 
 
 counsel, folios 15, each 10 10 
 
 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 5 10 
 
 Attending Mr. with brief 6 8 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 13 4 13 4 
 
 Attending Court on every special motion each day .068 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 6 8 13 4 
 
 Or according to circumstances 110 2 2 
 
 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. 
 
 6 
 4 
 3 
 6 
 
 8 
 
 
 
 8 
 
 13 4 
 4 
 5 
 13 4 
 
 6 8 
 
 1.") 
 
 1 1 
 
 6 8 
 
 . 
 
 
 
 2 
 
 
 
 
 
 3 
 
 . 
 
 
 
 4 
 
 
 
 
 
 4 
 
 
 
 
 
 8 
 
 
 
 
 
 8 
 
 . 
 
 4 
 
 6 
 
 
 
 5 
 
 6 
 
 . 
 1 
 
 4 
 
 6 
 
 
 
 5 
 
 6 
 
 ll 
 . 
 
 6 
 
 8 
 
 
 
 6 
 
 8 
 
 . 
 
 2 
 
 
 
 1 
 
 2 
 
 
 
 . 
 
 6 
 
 8 
 
 
 
 6 
 
 8 
 
 . 
 
 3 
 
 
 
 
 
 3 
 
 
 
 . 
 
 10 
 
 
 
 
 
 10 
 
 
 
 15 
 
 1 1 
 
 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 ...... 
 
 6 8 
 
 6 8 
 
 
 
 
 
 4 
 
 
 
 
 
 4 
 
 
 
 
 
 4 
 
 
 
 
 
 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 . G 8 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 . . . (5 8 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 . 
 
 G 
 
 8 
 
 
 
 G 
 
 8 
 
 3 o 
 
 G 
 
 3 
 
 5 
 
 G 
 
 3 
 
 4 
 
 
 
 6 
 
 8 
 
 1 6 
 
 
 
 1 
 
 G 
 
 
 
 13 
 
 4 
 
 
 
 13 
 
 4 
 
 13 
 
 4 
 
 1 
 
 
 
 
 
 1 1 
 
 
 
 1 
 
 1 
 
 
 
 13 4 110 
 
 G 8 G 8 
 
 18 18 
 
 4 4 
 
 6 8 13 4 
 
 3 5 
 
 4 4 
 
 6 8 13 4 
 
 10 10 
 
 4 6 5 6 
 
 4 6 5
 
 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. 
 
 . 6 
 
 8 
 
 6 8 
 
 . 2 
 
 
 
 1 2 
 
 . 6 
 
 8 
 
 6 8 
 
 . 3 
 
 
 
 3 
 
 . 1 1 
 
 
 
 1 1 
 
 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 
 
 4 
 4 
 4 
 
 8 
 8 
 
 4 
 4 
 4 
 
 6 8 
 8 
 
 
 
 G 
 
 
 
 
 
 6 
 
 
 
 
 
 3 
 
 4 
 
 
 
 6 
 
 8 
 
 1 
 
 3 
 
 6 
 
 1 
 
 3 
 
 6 
 
 
 
 2 
 
 
 
 
 
 2 
 
 
 
 
 
 4 
 
 
 
 
 
 4 
 
 
 
 
 
 6 
 
 8 
 
 
 
 6 
 
 B 
 
 
 
 1 
 
 
 
 
 
 1 
 
 
 
 
 
 
 
 4 
 
 
 
 
 
 4 
 
 
 
 1 
 
 
 
 
 
 1 
 
 
 
 
 
 G 
 
 8 
 
 
 
 6 
 
 8 
 
 
 
 2 
 
 6 
 
 
 
 2 
 
 6 
 
 
 
 
 
 4 
 
 
 
 
 
 4 
 
 
 
 2 
 
 
 
 
 
 2 
 
 
 
 
 
 
 
 2 
 
 
 
 
 
 2 
 
 
 
 4 
 
 
 
 
 
 4 
 
 
 
 4 
 
 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 . . 4 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. 
 
 
 
 
 
 4 
 
 
 
 
 
 4 
 
 
 
 
 
 4 
 
 
 
 
 
 4 
 
 
 
 6 
 
 8 
 
 
 
 G 
 
 8 
 
 
 
 1 
 
 
 
 
 
 1 
 
 
 
 
 
 
 
 4 
 
 
 
 
 
 4 
 
 
 
 6 
 
 8 
 
 
 
 G 
 
 8 
 
 
 
 I 
 
 G 
 
 
 
 1 
 
 G 
 
 
 
 
 
 4 
 
 
 
 
 
 4 
 
 
 
 2 
 
 
 
 
 
 2 
 
 
 
 
 
 
 
 2 
 
 
 
 
 
 2 
 
 
 
 4 
 
 
 
 
 
 4 
 
 
 
 3 
 
 
 
 
 
 3 
 
 
 
 
 
 2 
 
 
 
 
 
 2 
 
 
 
 
 
 
 
 4 
 
 
 
 
 
 4 
 
 
 
 4 4 
 
 4 4 
 4 4 
 
 Dcceniht 
 
 9. Making copy notice of motion for the Court . •> -^ 
 
 Attending lodging same .... 6 8 r ft 
 
 Attending Mr. Q.C., with brief and papers .068 0134 
 
 Paul fee to him and clerk . . 5 10 5 10 n 
 
 Attending Mr. ^vith Ijrief and papers . '. ' G 8 \; 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 .' * 3 4 6 8 
 
 Paid fee to him and clerk .... 1 3 6 1 "J r 
 
 Attending consultation . . . ,' * ' ' 13 4 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 '^ '^ O 
 
 Attending the defendant, informing him the result of - - U 
 
 the application in Court this day' . 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 
 
 
 
 6 
 
 8 
 
 6 
 
 8 
 
 
 
 2 
 
 4 
 
 2 
 
 4 
 
 
 
 4 
 
 
 
 4 
 
 
 
 
 
 6 
 
 8 
 
 13 
 
 4 
 
 
 
 3 
 
 6 
 
 3 
 
 6 
 
 
 
 4 
 
 
 
 4 
 
 
 
 
 
 3 
 
 
 
 5 
 
 
 
 
 
 (J 
 
 8 
 
 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 . 
 
 
 
 6 
 
 8 
 
 
 
 13 
 
 4 
 
 
 
 2 
 
 4 
 
 
 
 2 
 
 4 
 
 
 
 6 
 
 8 
 
 
 
 G 
 
 8 
 
 
 
 
 
 8 
 
 
 
 
 
 8 
 
 
 
 4 
 
 G 
 
 
 
 5 
 
 6 
 
 
 
 4 
 
 G 
 
 
 
 5 
 
 G 
 
 
 
 6 
 
 8 
 
 
 
 6 
 
 8 
 
 
 
 2 
 
 
 
 1 
 
 2 
 
 
 
 
 
 6 
 
 8 
 
 
 
 6 
 
 8 
 
 
 
 3 
 
 
 
 
 
 3 
 
 
 
 
 
 15 
 
 
 
 
 
 15 
 
 
 
 
 
 6 
 
 
 
 
 
 6 
 
 
 
 10 6 
 
 1 1
 
 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 . . . G 8 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. . 10 10 
 
 Paid stamping same . . . . . . .050 100 
 
 Making copy petition for the Judge . . . . 10 10 
 
 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 . . 3 G 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
 
 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 10 
 
 of the numW settlement ol petitioner sBiotlier . 10 
 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-' . * ' ' * 14 4 14 4 
 Paid searching, and for four certificates . • • . ., 2 
 
 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* . • 
 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. 0b u ^ ^ 
 Paid for searching and certificate . _. • • • 
 
 Instructions for affidavit of m support ol peti- ^ _, ^ Q G ^ 
 
 tion r. i"- , ■ ■ ' 17 17 
 
 ^rawing same, folios 17, at per folio 1.-. • • 058 
 
 Engrossing same, at per folio 4(/. . . ■ ■ • ^^ ^ ^ q 
 
 6 8 
 3 7 
 
 
 
 
 6 8 
 3 7 
 
 3 6 
 11 
 
 
 
 
 3 6 
 
 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 6 8 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 
 
 8 8 6 
 
 
 
 5 
 
 8 
 
 
 
 5 
 
 8 
 
 
 
 2 
 
 
 
 
 
 .2 
 
 
 
 
 
 2 
 
 10 
 
 
 
 2 
 
 10 
 
 
 
 3 
 
 
 
 
 
 3 
 
 
 
 
 
 16 
 
 8 
 
 
 
 16 
 
 8 
 
 
 
 6 
 
 8 
 
 
 
 6 
 
 8 
 
 2 
 
 4 
 
 6 
 
 2 
 
 4 
 
 6 
 
 
 
 3 
 
 4 
 
 
 
 6 
 
 8
 
 COSTS OF rETITIOXER FOK PAYMENT OF IIJ.S SHARE. 755 
 
 Lower Scale. Higher Scale. 
 £■ >■• '/. £ s. d. 
 
 3 C 
 
 3 G 
 
 G 8 C 
 
 Paid fee to him and clerk l" G 1 G 
 
 Attending conference ' ' 13 4 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 . . . 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 "^ f. n -i r 
 
 Writing to the parish clerk of ^ f.,r tiie certih- 
 
 cate of death of Mr. . . "^ G "^ T 
 
 21. Writing again to the parisli clerk nf' ' fur the 
 
 certificate of death or burial of :ili-. 3 G 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. . °. G 8 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. .... 
 
 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 3 G 3 G 
 
 W riting to Mr again as to the appointment of 
 
 trustees to Mrs. 's settlement . . 3 G 3 G 
 
 3 G 3 6 
 
 3 G 3 G 
 
 G 3 G 
 
 2 2 
 
 3 (i 3 G 
 
 3 G 3 G 
 
 c 2
 
 7o6 APPENDIX III. 
 
 Lower Soiile. Higher Scale. 
 £ s. d. £ s. d 
 
 
 
 
 3 
 
 6 
 
 
 
 3 
 
 6 
 
 
 
 
 3 
 
 G 
 
 
 
 3 
 
 6 
 
 iJentifviiig 
 
 
 
 
 
 
 
 
 
 
 6 
 
 8 
 
 
 
 6 
 
 8 
 
 
 
 
 4 
 
 
 
 
 
 4 
 
 
 
 
 
 
 1 
 
 4 
 
 
 
 1 
 
 4 
 
 
 
 
 1 
 
 
 
 
 
 1 
 
 
 
 in to . 
 
 
 
 3 
 
 6 
 
 
 
 3 
 
 6 
 
 6 
 
 8 
 
 G 
 
 10 
 
 
 
 10 
 
 G 
 
 8 
 
 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. . . 3 G 3 
 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 1 G 
 
 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 
 
 
 
 1 
 
 4 
 
 
 
 1 
 
 4 
 
 
 
 2 
 
 
 
 
 
 2 
 
 
 
 
 
 
 
 8 
 
 
 
 
 
 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 15 15 
 
 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 3 6 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\ 13 4 13 4 
 
 3 3 6 
 
 
 
 5 
 
 
 
 
 
 5 
 
 
 
 
 
 1 
 
 8 
 
 
 
 1 
 
 8 
 
 
 
 3 
 
 4 
 
 
 
 6 
 
 8 
 
 1 
 
 3 
 
 6 
 
 1 
 
 3 
 
 6 
 
 
 
 6 
 
 8 
 
 13 
 
 4 
 
 
 
 10 
 
 
 
 10 
 
 
 
 
 
 3 
 
 4 
 
 
 
 8 
 
 1 
 
 3 
 
 6 
 
 1 3 
 
 6
 
 15 
 
 
 
 15 
 
 
 
 3 
 
 
 
 3 
 
 
 
 5 
 
 
 
 5 
 
 
 
 2 
 
 
 
 2 
 
 
 
 2 
 
 6 
 
 2 
 
 6 
 
 6 
 
 
 
 6 
 
 
 
 
 
 G 
 
 8 
 
 
 
 6 
 
 
 
 3 
 
 4 
 
 
 
 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 6 8 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 15 15 
 
 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 
 
 3 6 
 
 3 6 
 
 4 
 
 4 
 
 6 8 
 
 6 8 
 
 7 
 
 7 
 
 2 4 
 
 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 . . . \ 6 8 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 2 4 2 4 
 
 Attending deponent to l)e sworn to same . . .068 068 
 Paid commissioner taking deponent's oatli . . .016 016 
 
 Paid filing affidavit 2 2 
 
 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. 
 
 
 
 6 
 
 8 
 
 
 
 6 
 
 8 
 
 
 
 1 
 
 6 
 
 
 
 1 
 
 6 
 
 
 
 2 
 
 4 
 
 
 
 2 
 
 4 
 
 
 
 2 
 
 
 
 
 
 2 
 
 
 
 
 
 1 
 
 2 
 
 
 
 1 
 
 2 
 
 
 
 6 
 
 8 
 
 
 
 13 
 
 4 
 
 
 
 6 
 
 8 
 
 
 
 6 
 
 8 
 
 
 
 6 
 
 8 
 
 
 
 13 
 
 4 
 
 
 
 6 
 
 8 
 
 
 
 6 
 
 8 
 
 
 
 10 
 
 
 
 1 
 
 
 
 
 
 
 
 4 
 
 
 
 
 
 4 
 
 
 
 
 
 6 
 
 8 
 
 
 
 13 
 
 4 
 
 
 
 13 
 
 4 
 
 1 
 
 
 
 
 
 
 
 6 
 
 8 
 
 
 
 13 
 
 4 
 
 
 
 6 
 
 
 
 
 
 6 
 
 
 
 
 
 2 
 
 
 
 
 
 2 
 
 
 
 
 
 6 
 
 8 
 
 
 
 6 
 
 8 
 
 
 
 1 
 
 6 
 
 
 
 1 
 
 6 
 
 
 
 2 
 
 
 
 
 
 2 
 
 
 
 
 
 2 
 
 
 
 
 
 2 
 
 
 
 
 
 1 
 
 
 
 
 
 1 
 

 
 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. 
 
 4 
 
 
 
 
 
 4 
 
 
 2 
 2 
 
 8 
 6 
 6 
 
 
 
 
 
 8 
 2 6 
 2 6 
 
 6 
 
 
 8 
 4 
 
 
 
 
 6 8 
 4 
 
 2 
 6 
 3 
 15 
 10 
 
 
 8 
 
 
 6 
 
 
 
 
 
 
 1 
 
 2 
 6 8 
 
 3 
 15 
 
 1 
 
 17 
 G 
 4 
 
 13 
 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 
 
 6 8 13 4 
 
 April. 
 
 Writing to the surviving trustee in reply to his letter 
 
 hereon 036 
 
 Sittings fee 15 
 
 3 6 
 15 
 
 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 ..... 
 
 . 6 
 
 8 
 
 13 
 
 4 
 
 . 3 
 
 4 
 
 6 
 
 8 
 
 . 1 3 
 
 6 
 
 1 3 
 
 6 
 
 . 6 
 
 8 
 
 13 
 
 4 
 
 . 15 
 
 
 
 15 
 

 
 COSTS OF SURVIVING TRUSTEE. 761 
 
 Trinity Sittings, 1879. 
 
 Lower Scale. 
 £ s. d. 
 
 Higher Scale. 
 £ s. d. 
 
 6 
 6 
 
 
 8 
 8 
 8 
 
 13 4 
 13 4 
 
 8 
 
 6 
 15 
 
 10 
 
 8 
 
 6 
 
 6 8 
 15 
 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 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 
 
 
 
 6 
 
 8 
 
 6 
 
 8 
 
 1 
 
 
 
 
 
 1 
 
 
 
 1 
 
 
 
 
 
 1 
 
 
 
 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 ........ 
 
 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 
 
 
 
 6 
 
 8 
 
 
 
 6 
 
 8 
 
 
 
 1 
 
 4 
 
 
 
 1 
 
 4 
 
 
 
 1 
 
 4 
 
 
 
 1 
 
 4 
 
 
 
 5 
 
 8 
 
 
 
 5 
 
 8 
 
 
 
 5 
 
 8 
 
 
 
 5 
 
 8 
 
 
 
 10 
 
 
 
 
 
 10 
 
 
 
 
 
 7 
 
 
 
 
 
 7 
 
 
 
 
 
 6 
 
 8 
 
 
 
 6 
 
 8 
 
 
 
 6 
 
 8 
 
 
 
 6 
 
 8 
 
 2 
 
 4 
 
 6 
 
 2 
 
 4 
 

 
 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 
 
 13 
 
 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 
 
 
 
 3 
 
 6 
 
 3 
 
 6 
 
 
 
 6 
 
 8 
 
 13 
 
 4 
 
 
 
 6 
 
 8 
 
 13 
 
 4 
 
 
 
 
 
 4 
 
 
 
 4 
 
 G 8 6 8 
 
 4 
 
 4 
 
 
 
 6 
 
 8 
 
 
 
 6 
 
 8 
 
 
 
 
 
 8 
 
 
 
 
 
 8 
 
 
 
 2 
 
 6 
 
 
 
 2 
 
 6 
 
 
 
 2 
 
 6 
 
 
 
 2 
 
 6 
 
 
 
 15 
 
 
 
 
 
 15 
 
 
 
 
 
 10 
 
 6 
 
 1 
 
 1 
 
 
 
 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 
 
 
 
 13 
 
 4 
 
 1 
 
 1 
 
 
 
 
 
 -T 
 
 
 
 
 
 5 
 
 
 
 
 
 1 
 
 
 
 
 
 1 
 
 
 
 
 
 
 
 4 
 
 
 
 
 
 4 
 
 
 
 2 
 
 G 
 
 
 
 2 
 
 6 
 
 
 
 G 
 
 8 
 
 
 
 G 
 
 8 
 
 1 
 
 
 
 
 
 2 
 
 
 
 
 
 
 
 
 
 2 
 
 
 
 
 
 3 
 
 
 
 
 
 4 
 
 
 
 
 
 4 
 
 4 
 
 4
 
 
 
 G 
 
 8 
 
 13 
 
 4 
 
 
 
 1 
 
 
 
 1 
 
 
 
 
 
 
 
 4 
 
 
 
 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 04 004 
 
 Making 2 copies of the order ajipealed from for counsel, 
 
 at per folio each 4 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 
 
 
 
 
 
 4 
 
 
 
 
 
 4 
 
 
 
 6 
 
 8 
 
 
 
 13 
 
 4 
 
 8 
 
 13 
 
 
 
 8 
 
 13 
 
 
 
 
 
 6 
 
 8 
 
 
 
 13 
 
 4 
 
 5 
 
 10 
 
 
 
 5 
 
 10 
 
 
 
 
 
 6 
 
 8 
 
 
 
 G 
 
 8 
 
 2 
 
 9 
 
 6 
 
 2 
 
 9 
 
 G 
 
 
 
 3 
 
 4 
 
 
 
 G 
 
 8 
 
 1 
 
 3 
 
 6 
 
 1 
 
 3 
 
 6 
 
 
 
 13 
 
 4 
 
 
 
 13 
 
 4 
 
 
 
 10 
 
 
 
 
 
 10 
 
 
 
 
 
 13 
 
 4 
 
 1 
 
 1 
 
 
 
 2 
 
 2 
 
 
 
 2 
 
 2 
 
 
 
 
 
 6 
 
 8 
 
 
 
 G 
 
 8 
 
 
 
 
 
 4 
 
 
 
 
 
 4 
 
 
 
 4 
 
 
 
 
 
 4 
 
 
 
 
 
 2 
 
 6 
 
 
 
 
 G 
 
 
 
 6 
 
 8 
 
 
 
 13 
 
 4 
 
 1 
 
 1 
 
 
 
 3 
 
 3 
 
 
 
 
 
 6 
 
 8 
 
 
 
 6 
 
 8 
 
 
 
 10 
 
 
 
 1 
 
 
 
 
 
 
 
 3 
 
 
 
 
 
 5 
 
 
 
 
 
 4 
 
 
 
 
 
 4 
 
 
 
 
 
 2 
 
 6 
 
 
 
 2 
 
 G 
 
 
 
 G 
 
 8 
 
 
 
 13 
 
 4 
 
 
 
 
 
 4 
 
 
 
 
 
 4 
 
 
 
 G 
 
 8 
 
 
 
 G 
 
 8 
 
 
 
 
 
 8 
 
 
 
 
 
 8 
 
 
 
 4 
 
 G 
 
 
 
 5 
 
 G 
 
 
 
 4 
 
 G 
 
 
 
 5 
 
 G 
 
 
 
 2 
 
 G 
 
 
 
 2 
 
 G 
 
 
 
 1") 
 
 
 
 
 
 15 
 
 
 
 
 
 G 
 
 
 
 
 
 6 
 

 
 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 
 1 8 
 
 1 6 8 
 6 8 
 7 12 
 6 8 
 5 10 
 6 8 
 
 2 J) 6 
 
 3 4 
 
 1 3 6 
 13 4 
 
 Higher Scale. 
 & i. U. 
 
 1 8 
 
 1 8 
 
 1 6 8 
 13 4 
 7 12 
 13 4 
 5 10 
 6 8 
 
 2 9 6 
 
 6 8 
 
 1 3 6 
 13 4 
 
 10 
 
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 8 
 
 
 
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 6 
 
 
 
 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 
 
 
 
 10 
 
 
 
 12 
 
 4 
 
 2 4 
 
 
 
 14 
 
 8 
 
 18 
 
 
 
 4 
 
 
 
 13 
 
 4 
 
 5 15 
 
 6 
 
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 6 
 
 1 2 
 
 
 
 5 
 
 
 
 2 2 
 
 
 
 8 
 
 
 
 2 13 
 
 4 
 
 13 
 
 4 
 
 11 
 
 6 
 
 3 
 
 
 
 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 3 6 
 
 Attending Messrs. & Co., conferring as to the appeal and 
 
 the appendix, and final settlement thereof, and generally advising 13 4 
 
 Writing to Messrs. & Co., requesting them to return ap- 
 pendix in order to finally settle same 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 
 
 
 
 2 
 
 2 
 
 
 
 
 
 7 
 
 6 
 
 
 
 13 
 
 4 
 
 
 
 5 
 
 
 
 
 
 13 
 
 4 
 
 
 
 3 
 
 6 
 
 1 
 
 11 
 
 6 
 
 1 
 
 11 
 
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 13 
 
 4 
 
 
 
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 8 
 
 
 
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 4 
 
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 2 
 
 13 
 
 4 
 
 
 
 13 
 
 4 
 
 
 
 13 
 
 4 
 
 5 
 
 
 
 
 
 
 
 6 
 
 8 
 
 2 
 
 10 
 
 
 
 
 
 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 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 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 . . . 13 4 
 
 Writing to Messrs. & Co. accordingly 5 
 
 Writing to Messrs. <fc Co. requesting to hear from them defin- 
 itely as to completion of joint appendix 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 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 
 
 
 
 6 
 
 8 
 
 5 
 
 5 
 
 
 
 3 
 
 3 
 

 
 ■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 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 . . . 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 . . . . 13 4 
 Making amendments in printed joint appendix for printer . . 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 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 . . . . • • • • • • . 13 4 
 
 Sessions fee 5 5 
 
 Letters, messengers, cab hire, «S:c. . . . . . • .330 
 
 Session 187 . 
 187 . Fehnumj. 
 
 Drawing notice to set down appeal for hearing 10 
 
 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 
 
 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 
 
 1.3 
 
 4 
 
 3 
 
 (5 
 
 13 
 
 4 
 
 6 
 
 8 
 
 2 7 
 
 
 
 13 
 
 4 
 
 13 
 
 4 
 
 55 2 
 
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 5 15 
 
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 33 
 
 
 
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 5 15 
 
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 4 
 
 22 1 
 
 
 
 1 1 
 
 
 
 5 15 
 
 6 
 
 13 
 
 4 
 
 1 1 
 
 
 
 G 
 
 8 
 
 enquiries 
 
 13 4 
 
 "Writing to the appellant informing him that appeal appointed to 
 
 be heard for Thursday next 5 
 
 Having made appointment for consultation with counsel, letter to 
 
 the appellant informing him thereof 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 13 4 
 
 Paid refresher to Mr. and clerk . .' HOG 
 
 Attending him 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 
 
 
 
 8 15 
 
 
 
 1 1 
 
 
 
 1 1 
 
 
 
 13 
 
 4 
 
 13 
 
 4 
 
 13 
 
 4 
 
 5 5 
 
 
 
 10 
 
 
 
 10 
 
 
 
 3 3 
 
 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 
 
 13 
 
 4 
 
 13 
 
 4 
 
 2 
 
 6 
 
 13 
 
 4 
 
 1 1 
 
 
 
 5 
 
 
 
 13 
 
 4 
 
 5 
 
 
 
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 2 2 
 
 
 
 13 
 
 
 
 4 6 
 
 8 
 
 17 
 
 4 
 
 2 
 
 8 
 
 5 
 
 4 
 
 5 
 
 4 
 
 3 4 
 
 4 
 
 2 
 27 10 
 
 1 1
 
 UESI'ONDENT's costs ok Al'I'EAL (hoUSE OF LOJtDS). 771 
 
 13 4 
 
 1 1 
 
 5 15 (•> 
 
 2 2 
 
 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 , '^ 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 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 
 
 Drawing joint appendix, folios 2,819, at Is. per folio" .' " '140 19 
 
 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 .... " 
 
 IG 
 13 4 
 13 4 
 
 6 8 
 9 10 
 
 6 8 
 
 6 
 
 5 
 
 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 
 
 13 4 
 
 1 1
 
 772 AITENDIX HI. 
 
 £ 
 
 5 5 
 13 4 
 
 6 
 
 8 
 
 4 G 
 
 8 
 
 13 
 
 4 
 
 1 1 
 
 8 
 
 13 
 
 4 
 
 5 5 
 
 
 
 3 3 
 
 
 
 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 .......•••• 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 . . . . . 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 13 4 
 
 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 
 
 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 , 
 
 13 1 
 2 2 
 
 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. ....••• 
 
 13 4 
 5 
 
 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 . . 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 ....••••• 
 
 5 
 
 1 1 
 
 1 1 
 
 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 . 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 . 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 . . 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 
 
 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 . . . . . . . . . . . . 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 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 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 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 . . . . . . . 13 4 
 
 Paid printer's charges ......... 
 
 Attending printer with revised case of respondent and instructing 
 
 him . 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 
 
 6 8 
 
 
 
 3 
 
 6 
 
 
 
 13 
 
 4 
 
 1 
 
 1 
 
 
 
 
 
 13 
 
 4 
 
 1 
 
 1 
 
 
 
 1 
 
 1 
 
 
 
 1 
 
 1 
 
 
 
 2 
 
 2 
 
 
 
 
 
 3 
 
 6 
 
 
 
 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 
 
 10 
 
 1 1 
 
 13 4 
 
 13 4 
 
 July. 
 
 Attending lodging bound cases for use of the Law Lords 
 
 Session fee . 
 
 Letters and messengers 
 
 13 4 
 5 5 
 3 3 
 
 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 
 
 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 
 
 13 4 
 
 .5 15 6 
 
 2 2 
 
 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 
 
 3 6 
 
 13 4 
 
 
 
 6 
 
 8 
 
 
 
 13 
 
 4 
 
 11 
 
 
 
 
 
 
 
 13 
 
 4 
 
 
 
 13 
 
 4 
 
 5 
 
 15 
 
 6 
 
 2 
 
 2 
 
 
 
 5 
 
 5 
 
 
 
 5 
 
 5 
 
 
 
 3 
 
 3 
 
 
 
 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 
 
 13 4 
 
 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 
 
 
 
 . 13 
 
 4 
 
 . 13 
 
 4 
 
 110 
 
 
 
 2 2 
 
 
 
 '. r, Ui 
 
 6 
 
 . 13 
 
 4 
 
 . 11 
 
 
 
 . 13 
 
 4 
 
 . 5 15 
 
 (3 
 
 . 13 
 
 4 
 
 . 2 2 
 
 
 
 . 6 
 
 
 
 5 5 
 
 11 
 
 13 4 
 
 5 15 6 
 
 13 4 
 
 11 
 
 13 4 
 
 5 15 6 
 
 13 4 
 
 2 2 
 
 5 5 
 
 folios. 
 
 11 
 
 
 
 13 
 
 4 
 
 5 15 
 
 6 
 
 13 
 
 4 
 
 11 • 
 
 
 
 13 
 
 4 
 
 5 15 
 
 6 
 
 13 
 
 4 
 
 2 2 
 
 
 
 5 5 
 
 
 
 8 15 
 
 
 
 5 5 
 
 
 
 5 
 
 
 
 13 
 
 4 
 
 13 
 
 4 
 
 13 
 
 4 
 
 5 5 
 
 
 
 10 
 
 
 
 10 
 

 
 77S APPENDIX III. 
 
 Attending taxing 
 Paid fees for taxing . 
 Attending settling costs 
 Letters, messengers, &c. 
 
 3 3 
 
 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 . . . . 10 
 
 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 . . . . . . 10 
 
 Paiil fee on presentation of appeal . . . . . _• .110 
 
 Atteniling at Parliament Ofiice and ol)tainiiig order for service on 
 
 respondents and perusing same 10 
 
 Paid fee on order of service 110 
 
 13 
 
 4 
 
 13 
 
 4 
 
 10 
 
 
 
 5 15 
 
 6 
 
 10 
 
 
 
 1.") 
 
 6
 
 
 
 10 
 
 
 
 
 
 10 
 
 
 
 
 
 10 
 
 
 
 
 
 10 
 
 
 
 2 
 
 1 
 
 
 
 
 
 10 
 
 
 
 
 
 10 
 
 
 
 2 
 
 7 
 
 
 
 1 
 
 
 
 
 
 3 
 
 (5 
 
 
 
 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 in () 
 
 Drawing and engrossing affidavit of service of order npon the re- 
 spondents' agent 10 
 
 Attending swearing 0100 
 
 Paid oath 
 
 Attending at Parliament Office and filing order and affidavit thereon 10 
 
 Attending at the Parliament Office and obtaining the recognizance 
 and Ixmd for executidn by the appeUaiits, and sureties before a 
 commissioner 10 
 
 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 . . . . . . . . . 10 
 
 Having received proofs of the apjiendix from printer, attending re- 
 spondents' agents with a copy for his perusal . ._ . . 10 
 
 Attending respondents' agent, when we arranged an appointment to 
 
 examine proof of appendix with the original documents . . 10 
 
 Examining and correcting proof with respondents' agents, foliu.s, 
 at 2d. per folio ........•• 
 
 Attending printer therewith and instructing him to print same . 10 
 
 Paid printer's account .......•• 
 
 Attending paying same • . 10 
 
 Attendin" respondents' agents, when we supplied them with 
 
 copies for their use and for the use of cf>unsel . . . . 10 
 
 Instructions for appellants' case . . . • • .10 
 
 Drawing same, folios, at 2.s. per folio . . . . . 
 
 Copy thereof for Mr. A. (counsel) to peruse and .settle, folios, at (i('. 
 
 Attending him therewith 10 
 
 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 10 
 
 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 
 
 
 
 
 
 5 
 
 15 
 
 6 
 
 ,T 
 
 15 
 
 6 
 
 1 
 
 
 

 
 
 
 10 
 
 
 
 () 
 
 10 
 
 
 
 1 
 
 1 
 
 
 
 1 
 
 1 
 
 
 
 
 
 10 
 
 
 
 1 
 
 1 
 
 
 
 1 
 
 1 
 
 
 
 
 
 
 10 
 
 
 
 
 6 
 
 copies of 
 use of the 
 
 
 
 
 10 
 10 
 
 780 APPENDIX III. 
 
 Attending the printer therewith and giving him instructions to print 
 
 the same " / 10 
 
 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 . . . . . . . 10 
 
 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 . . 10 
 
 Attending Mr. A. fixing consultation 10 
 
 Paid las fee and clerk 5156 
 
 Attending Mr. B. fixing consultation 10 
 
 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 6 
 
 Attending paying same 10 
 
 Paid refresher fee to ]\Ir. B. and clerk 7 14 6 
 
 Attending laying same 10 
 
 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 . 10 
 
 Attending Mr. A. infurming him thereof 10 
 
 ♦ 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 
 
 10 
 
 10 
 
 10 
 3 3 
 3 3 
 
 1 11 G 
 
 10 
 
 10 
 
 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 .... 
 
 
 
 13 
 
 4 
 
 
 
 10 
 
 
 
 
 
 10 
 
 
 
 
 
 10 
 
 
 
 
 
 10 
 
 
 
 '2 
 
 7 
 
 
 
 
 
 10 
 
 
 
 
 
 10 
 
 
 
 2 
 
 7 
 
 
 
 1 
 
 
 

 
 1 
 
 1 
 
 
 
 1 
 
 6 
 
 8 
 
 
 
 10 
 
 
 
 5 
 
 15 
 
 6 
 
 
 
 10 
 
 
 
 5 
 
 15 
 
 G 
 
 1 
 
 
 
 
 
 '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 10 
 
 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 . . 10 
 
 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 . . . . . . • • • • . 10 
 
 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 10 
 
 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. 
 
 10 
 
 
 
 10 
 
 
 
 5 15 
 
 G 
 
 10 
 
 
 
 5 15 
 
 6 
 
 1 
 
 
 
 3 6 
 
 8 
 
 11 
 
 6 
 
 10 
 
 
 
 7 14 
 
 6 
 
 10 
 

 
 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 
 
 10 
 
 10 
 
 11 
 
 1 G 
 
 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 
 
 1 11 G 
 
 10 
 
 1(» 
 
 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. 
 
 
 
 2 
 
 
 
 
 
 5 
 
 
 
 
 
 
 
 4 
 
 
 
 
 
 4 
 
 
 
 2 
 
 G 
 
 
 
 2 
 
 G 
 
 
 
 
 
 4 
 
 
 
 
 
 4 
 
 
 
 
 
 4 
 
 
 
 
 
 4 
 
 
 
 
 
 2 
 
 
 
 
 
 3 
 
 
 
 
 
 4 
 
 
 
 
 
 4 
 
 
 
 « 
 
 8 
 
 
 
 G 
 
 8 
 
 
 
 (i 
 
 8 
 
 
 
 G 
 
 8 
 
 1 
 
 (1 
 
 (1 
 
 2 
 
 
 
 
 
 
 
 G 
 
 8 
 
 
 
 G 
 
 8 
 
 
 
 <; 
 
 s 
 
 
 
 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 
 
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 HiKlicr Scale. 
 
 £ s. 
 
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 13 
 
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 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 13 4 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 2 2 
 
 Attending Conrt on motion when order made . . 13 4 110 
 
 Or according to circumstances 2 2 2 2 
 
 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 
 
 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 6 8 13 4 
 
 Sittings fee 15 15 
 
 If agency, letters, &c 6 6 
 
 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 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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 8 
 
 
 
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 8 
 
 
 
 
 
 4 
 
 
 
 
 
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 5 
 
 
 
 
 
 
 
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 Ah UKFKHKK. /S/ 
 
 I/iwcr Scale. 
 
 Iliglicr Scale 
 £ s. <L 
 
 9 
 
 
 
 3 G 
 
 3 G 
 
 3 
 
 3 
 
 1 
 
 (•) 
 
 1 
 
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 U -2 
 
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 2 
 
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 PLAINTIFF S COSTS OX TKIAL BKI'iUtK OFITClAh 
 
 Service of same on , at , six niiles 
 
 from ollice of the solicitor ...... 
 
 If sent to af,'eiit for service, cliarj^e — 
 AVriting to a;^cnt with same for service .... 
 
 On rL'ceipt of sul)p( I'ua duly served, writing to aycut with 
 amount of his charges for service .... 
 
 Paid his cliarges (post oilice order) .... 
 
 If plaintiff has to give evidence, charge — 
 Writing to plaintiff informing him i>i the appointment 
 to proceeu . . . . . . • . 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 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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 lit- 
 
 £ .-'. 
 
 ./. 
 
 £ s. 
 
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 6 
 
 8 
 
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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; *. ./. 
 
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 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 
 
 4 
 
 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. 
 
 
 
 
 
 4 
 
 
 
 
 
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 8 
 
 
 
 6 
 
 8 
 
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 5 
 
 6 
 
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 6 
 
 
 
 6 
 
 8 
 
 
 
 6 
 
 8 
 
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 6 
 
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 6 
 
 
 
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 8 
 
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 hower S( 
 
 £ 8. 
 
 •al.-. 
 
 llinlicr Scale. 
 
 6 
 
 2 
 
 5 
 
 8 
 4 
 6 
 
 4 
 
 
 
 
 
 
 
 
 
 6 8 
 4 
 5 
 4 
 5 
 
 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 (j 8 
 If more than 4 folios, for each folio beyond 4 . .004 004 
 Copy syhpana duces tecum, for service, folios , at 
 
 per folio 4 (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 .'} (i ;i (? 
 
 .Notice to admit and copy Ti o 7 (i 
 
 Or per folio . . ". 8 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 2 6 2 6 
 
 Attending plaintiffs solicitors, giving them inspection 
 
 of documents proposed to be admitted . . .068 13 4 
 
 Or per hour 6 8 6 8 
 
 Making copy notice to admit, at per folio . . .004 004 
 Attending jdaintiff's solicitors on their examining and 
 
 signing admissions 6 8 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 6 8 13 4 
 
 Or per folio 6 8 (i 8 
 
 Attending plaintiff's solicitors, examining and signing 
 
 admissions 6 8 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 . 
 Making fair copy of same for counsel, at per folio . . 
 Making copy of documents necessary for counsel on his 
 examination and cross-examination of witnesses, if 
 written, at per folio 004 004 
 
 8 
 
 
 
 n 
 
 
 
 1 
 
 
 
 
 
 1 
 
 
 
 4 
 
 
 
 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. 
 
 
 
 2 
 
 
 
 
 
 3 
 
 6 
 
 8 
 
 
 
 6 
 
 8 
 
 5 10 
 
 
 
 5 
 
 10 
 
 
 
 3 
 
 4 
 
 
 
 6 
 
 8 
 
 1 6 
 
 
 
 1 
 
 6 
 
 
 
 13 
 
 4 
 
 
 
 13 
 
 4 
 
 1 1 
 
 
 
 1 
 
 1 
 
 
 
 1 
 
 
 
 
 
 1 
 
 
 
 
 
 4 
 
 
 
 
 
 4 
 
 6 
 
 8 
 
 
 
 6 
 
 8 
 
 •2 4 
 
 6 
 
 2 
 
 4 
 
 6 
 
 1 1 
 
 1 1 
 
 
 
 15 
 
 15 
 
 
 
 6 
 
 6 
 
 
 
 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 ...... 
 
 
 
 1 
 
 
 
 
 
 1 
 
 
 
 
 
 
 
 4 
 
 
 
 
 
 4 
 
 
 
 6 
 
 8 
 
 
 
 6 
 
 8 
 
 2 
 
 4 
 
 (5 
 
 2 
 
 4 
 
 6 
 
 
 
 13 
 
 4 
 
 
 
 13 
 
 4 
 
 
 
 1 
 
 
 
 
 
 1 
 
 
 
 
 
 
 
 4 
 
 
 
 
 
 4 
 
 
 
 6 
 
 8 
 
 
 
 6 
 
 8 
 
 2 
 
 4 
 
 (5 
 
 2 
 
 4 
 
 6 
 
 1 
 
 1 
 
 
 
 1 
 
 1 
 
 
 
 
 
 
 
 4 
 
 
 
 
 
 4 
 
 
 
 
 
 4 
 
 
 
 
 
 4 
 
 
 
 
 
 4 
 
 
 
 
 
 4 
 
 
 
 
 
 4 
 
 
 
 
 
 4 
 
 
 
 
 
 4 
 
 
 
 
 
 4 
 
 
 
 1 
 
 
 
 
 
 1 
 
 
 
 
 
 
 
 4 
 
 
 
 
 
 4 
 
 
 
 () 
 
 8 
 
 
 
 13 
 
 4 
 
 5 
 
 10 
 
 
 
 5 
 
 10 
 
 
 
 
 
 () 
 
 8 
 
 
 
 6 
 
 8 
 
 ;) 
 
 5 
 
 (; 
 
 3 
 
 5 
 
 6 
 
 
 
 6 
 
 8 
 
 
 
 6 
 
 8 
 
 2 
 
 9 
 
 () 
 
 2 
 
 9 
 
 6 
 
 
 
 3 
 
 4 
 
 
 
 (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 ... 10 n in n 
 
 Attending Court on moti.m for judgment, when 'order uu 
 
 made 
 
 Oraccording to circumstance!, , . '. " ' 
 
 As to subseciuent charges for drawing' up orderj 
 
 ta.xing costs, paying witnesses, &c., see pages 588 
 
 13 4 110 
 :2 2 2 i! 
 
 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 4 4 
 
 Drawing and engrossing consent of Mr. and t» 4 u 
 
 obtaining his signature thereto . . (\ H n r a 
 
 Instructions for alh.lavit in support of the applicati.m ! 6 8 (5 8 
 
 Drawing same, at per folio . . . '[ . 10 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 .... "^ •"> f 
 
 Making copy alHdavit to be ni'arked as an oftire coin- at ^ 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 .' 6 8 Vi 1 
 
 Paid lor order .... -i n - 
 
 Making copy for service, at ju'r folio .' ' " " n a n n ? 
 
 Service of same on each solicit(u- . ' ' ■> r n > • 
 
 Making copy order for chambers, at per folio ' 1 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 . . f ^ n 
 
 Attending to present petition 'and for order .' .' 6 8 o it ? 
 
 Paid lor order . . ' T O i '- 
 
 Attending amendin- writ at tiie Record and Vvrit Clerks o 
 
 Oifice . . ^ „ r. 
 
 fi 8 1.3 4
 
 owt 
 
 ii- Scale. 
 
 Higher Scale. 
 
 £ 
 
 s. (L 
 
 £ s. d. 
 
 
 
 2 6 
 
 2 6 
 
 
 
 4 
 
 4 
 
 
 
 5 
 
 5 
 
 
 
 3 
 
 
 
 
 
 6 
 
 8 
 
 
 
 2 
 
 
 
 
 
 3 
 
 
 
 
 
 2 
 
 
 
 
 
 2 
 
 
 
 
 
 
 
 4 
 
 
 
 
 
 4 
 
 
 
 1 
 
 
 
 
 
 2 
 
 
 
 
 
 
 
 
 
 
 4 
 
 
 
 2 
 
 6 
 
 
 
 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 3 5 
 
 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 
 
 
 
 6 
 
 8 
 
 
 
 6 
 
 8 
 
 
 
 6 
 
 8 
 
 
 
 13 
 
 4 
 
 
 
 5 
 
 
 
 
 
 10 
 
 
 
 
 
 1 
 
 
 
 
 
 1 
 
 
 
 
 
 3 
 
 4 
 
 
 
 6 
 
 8 
 
 1 
 
 3 
 
 6 
 
 1 
 
 3 
 
 6 
 
 
 
 1 
 
 
 
 
 
 ry 
 
 
 
 
 
 
 
 4 
 
 
 
 
 
 4 
 
 
 
 
 
 4 
 
 
 
 
 
 4 
 
 
 
 O 
 
 2 
 
 
 
 
 
 2 
 
 
 
 
 
 2 
 
 
 
 
 
 3 
 
 
 
 3 
 
 4 
 
 
 
 6 
 
 8 
 
 
 
 
 
 4 
 
 
 
 
 
 4 
 
 
 
 
 
 2 
 
 
 
 
 
 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 
 
 If agency, letters, &c 
 
 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.) 
 
 4 4 
 
 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, 
 
 3 
 
 6 8 
 
 2 
 
 2 
 
 .3 6 
 
 6 8 
 
 1 
 
 4 
 
 10 
 
 6 8 
 
 1 6 
 
 1 
 
 4 
 
 2 
 
 2 
 
 4 
 
 2 6 
 
 6 8 
 
 1 1 
 3 
 2 
 4 
 4 6 
 4 
 6 8 
 1 
 4 
 1 
 6 8 
 
 4 
 
 2 
 
 2 
 
 4 
 
 2 6 
 
 
 
 
 
 4 
 
 
 
 4 
 
 
 
 4 
 
 0* 
 
 4 
 
 
 
 
 
 2 
 
 6 
 
 2 
 
 6 
 
 
 
 6 
 
 8 
 
 13 
 
 4 
 
 
 
 3 
 
 
 
 .5 
 
 
 
 
 
 4 
 
 
 
 4 
 

 
 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. (/. 
 
 2 G 2 U 
 
 8 13 4 
 
 5 10 
 
 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. 
 
 
 
 .3 
 
 
 
 
 
 G 
 
 8 
 
 
 
 G 
 
 8 
 
 I 
 
 1 
 
 
 
 
 
 2 
 
 
 
 
 
 3 
 
 
 
 
 
 2 
 
 
 
 
 
 2 
 
 
 
 
 
 
 
 
 
 
 4 
 
 
 
 3 
 
 G 
 
 
 
 4 
 
 G 
 
 
 
 
 
 
 
 
 4 
 
 
 
 G 
 
 8 
 
 
 
 G 
 
 8 
 
 
 
 1 
 
 
 
 
 
 1 
 
 
 
 
 
 
 
 4 
 
 
 
 
 
 4 
 
 
 
 G 
 
 8 
 
 
 
 G 
 
 8 
 
 
 
 1 
 
 G 
 
 
 
 I 
 
 6 
 
 
 
 
 
 4 
 
 
 
 
 
 4 
 
 
 
 '2 
 
 
 
 
 
 2 
 
 
 
 
 
 
 
 2 
 
 
 
 
 
 •2 
 
 
 
 4 
 
 
 
 
 
 4 
 
 
 
 
 
 
 
 4 
 
 
 
 
 
 4 
 
 
 
 4 
 
 
 
 
 
 4 
 
 
 
 
 
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 8 
 
 
 
 13 
 
 4 
 
 1 
 
 1 
 
 
 
 3 
 
 3 
 
 
 
 
 
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 8 
 
 
 
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 4 
 
 
 
 
 
 4 
 
 
 
 
 
 4 
 
 G 8 
 
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 13 
 
 4 
 
 
 
 5 
 
 
 
 
 
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 8 
 
 
 
 13 
 
 4 
 
 
 
 5 
 
 
 
 
 
 
 
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 5 
 
 
 
 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 . 
 
 
 
 3 
 
 6 
 
 
 
 3 
 
 6 
 
 
 
 G 
 
 8 
 
 
 
 
 
 4 
 
 
 
 
 
 4 
 
 
 
 5 
 
 6 
 
 
 
 5 
 
 G 
 
 
 
 3 
 
 6 
 
 
 
 3 
 
 6 
 
 
 
 
 
 4 
 
 
 
 
 
 4 
 
 
 
 
 
 4 
 
 
 
 
 
 4 
 
 
 
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 8 
 
 
 
 
 
 8 
 
 
 
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 6 
 
 
 
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 8
 
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 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 . . . . . . . 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 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 
 
 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 
 
 
 
 
 
 10 
 
 
 
 
 
 2 
 
 
 
 
 
 
 
 4 
 
 
 
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 4 
 
 
 
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 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. 
 
 
 
 1 
 
 
 
 
 
 
 
 4 
 
 
 
 1 
 
 
 
 
 
 6 
 
 8 
 
 
 
 1 
 
 6 
 
 
 
 1 
 
 
 
 
 
 
 
 4 
 
 
 
 2 
 
 
 
 
 
 
 
 2 
 
 
 
 4 
 
 
 
 
 
 
 
 4 
 
 
 
 
 
 4 
 
 
 
 
 
 4 
 
 
 
 
 
 4 
 
 
 
 4 
 
 
 
 
 
 13 
 
 4 
 
 3 
 
 3 
 
 
 
 
 
 5 
 
 
 
 
 
 4 
 
 
 
 
 
 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 
 
 
 
 13 
 
 4 
 
 
 
 6 
 
 8 
 
 
 
 2 
 
 
 
 
 
 2 
 
 
 
 
 
 4 
 
 
 
 
 
 
 
 4 
 
 
 
 
 
 4 
 
 
 
 
 
 4 
 
 
 
 
 
 4 
 
 
 
 4 
 
 
 
 
 
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 3 
 
 3 
 
 
 
 
 
 b 
 
 
 
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 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. (/. 
 15 
 G 
 
 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 
 
 
 
 5 
 
 
 
 
 
 
 
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 5 
 
 
 
 
 
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 3 
 
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 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. 
 
 2 
 
 4 
 
 1 
 
 4 
 6 8 
 3 5 (5 
 
 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 
 
 
 
 
 
 4 
 
 
 
 
 
 4 
 
 
 
 
 
 4 
 
 
 
 
 
 4 
 
 
 
 6 
 
 8 
 
 2 
 
 4 
 
 6 
 
 
 
 6 
 
 8 
 
 1 1 
 
 
 
 6 
 
 8 
 
 
 
 
 
 4 
 
 
 
 4 
 
 
 
 
 
 13 
 
 4 
 
 
 
 5 
 
 
 
 
 
 4 
 
 
 
 
 
 13 
 
 4 
 
 
 
 10 
 
 
 
 
 
 10 
 
 
 
 
 
 
 
 8 
 
 
 
 
 
 4 
 
 
 
 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 . . . (J 8 G 8 
 
 Subsequently, Mr. CD., and conferring with him thereon 8 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 . . ° . G 8 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 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 . . G 8 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 
 
 4 4 
 
 March. 
 Attending Mr. with 
 
 Paid fee to him and clerk 
 
 3 4 
 
 G 
 
 8 
 
 1 3 G 
 
 1 3 
 
 G
 
 80 i AITEXDIX III. 
 
 Lower Scale. Hi^'her Scale. 
 
 £ s. J. £. s. d. 
 
 4 4 
 
 6 8 13 4 
 
 G 8 13 4 
 
 C 8 13 4 
 
 4 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 10 
 
 Drawing same, at per folio . . ■ ^ ~ ;.,. " ^ « q n « 8 
 Attending Mr. Avith same, to settle dratt petition 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 
 
 6 8 6 8 
 
 3 6 3 6 
 
 6 8 13 4 
 
 3 4 6 8 
 
 1 3 6 1 3 6 
 4 4 
 4 4 
 
 
 
 5 
 
 
 
 
 
 
 
 
 5 
 
 
 
 1 
 
 
 
 
 
 
 
 6 
 
 8 
 
 
 
 6 
 
 8 
 
 
 
 
 
 4 
 
 
 
 
 
 4 
 
 
 
 5 
 
 
 
 
 
 5 
 
 
 
 10 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 
 
 .3 () 
 
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 Lower Scale. 
 £ s. d. 
 
 Higher Scale 
 £ s. d. 
 
 6 
 
 7 
 
 8 
 2 
 
 
 
 
 6 8 
 
 7 2 
 
 6 
 1 
 
 
 2 
 6 
 
 8 
 
 4 
 
 
 8 
 
 
 
 
 
 
 
 6 8 
 
 1 
 4 
 
 2 
 6 8 
 
 4 
 
 
 
 
 
 4 
 
 2 
 
 
 
 2 
 
 
 
 2 
 
 
 
 
 
 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 
 
 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 3 6 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 .... 
 
 
 
 1 
 
 
 
 
 
 1 
 
 
 
 
 
 
 
 4 
 
 
 
 
 
 4 
 
 
 
 1 
 
 
 
 
 
 1 
 
 
 
 4 
 
 
 
 4 
 
 2 
 
 
 
 2 
 
 
 
 
 2 
 
 
 
 1 
 
 
 
 1 
 
 
 
 
 
 4 
 
 
 
 
 
 4 
 
 
 
 I 
 
 
 
 1 
 

 
 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. 
 
 2 (5 
 
 Higher Rente. 
 £ s. (/. 
 
 2 
 
 
 
 
 
 4 
 
 
 
 
 
 4 
 
 
 
 2 
 
 
 
 
 
 2 
 
 
 
 
 
 
 
 2 
 
 
 
 
 
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 4 
 
 
 
 
 
 4 
 
 
 
 
 
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 U 
 
 
 
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 8 
 
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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. 
 
 
 
 
 6 
 
 8 
 
 6 8 
 
 
 
 
 4 
 
 
 
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 6 
 
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 8 
 
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 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. </. 
 4 
 4 
 
 HiKher Scaln. 
 £ .1. it 
 4 
 4 
 
 
 1,-) 
 6 
 
 4 
 
 
 
 
 4 
 1.-) 
 6 
 
 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.) 
 
 
 
 6 
 
 8 
 
 
 
 6 
 
 8 
 
 
 
 1 
 
 
 
 
 
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 8 
 
 
 
 6 
 
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 1 
 
 3 
 
 6 
 
 1 
 
 3 
 
 6 
 
 
 
 (5 
 
 8 
 
 
 
 6 
 
 8 
 
 
 
 13 
 
 4 
 
 
 
 13 
 
 4 
 
 
 
 6 
 
 8 
 
 
 
 10 
 
 
 
 
 
 13 
 
 4 
 
 1 
 
 1 
 
 
 
 1 
 
 1 
 
 
 
 2 
 
 o 
 
 
 
 
 
 
 
 4 
 
 
 
 
 
 4 
 
 
 
 6 
 
 8 
 
 
 
 13 
 
 4 
 
 1 
 
 1 
 
 
 
 3 
 
 3 
 
 
 
 
 
 6 
 
 8 
 
 
 
 13 
 
 4
 
 810 
 
 APPENDIX in. 
 
 Sittings fee , 
 
 It agency, letters, &c. 
 
 Letters, messengers, &c. 
 
 Lower Scale. Higher Scale. 
 
 £ s. (h £, s. d. 
 
 15 15 
 
 6 6 
 
 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 
 
 6 8 6 8 
 
 1 
 
 6 
 
 2 4 
 
 
 
 1 
 
 6 
 
 1 
 
 1 
 
 
 
 
 
 2 
 
 
 
 13 
 
 
 13 
 
 
 
 13 
 3 
 
 6 8 
 
 6 8 
 
 10 
 
 6 8 
 
 2 4 6 
 
 4 
 
 10 
 
 6 8 
 
 16 
 
 10 
 
 4 
 
 2 
 
 2 
 6 
 
 6 8 
 
 13 4 
 6 
 
 6 8 
 
 13 4 
 
 6 
 
 13 4 13 4 
 
 13 4 
 3 6
 
 COSTS OF PAYMENT IN OF CASH. 811 
 
 Lower Scale 
 
 Or attending him obtaining his execution of Loth 
 
 poAvers 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 10 
 
 Making fair copy thereof, at per folio . . . .004 
 
 Service thereof, each 5 
 
 Letters, &c 050 
 
 Higher Scale. 
 £ s. d. 
 
 13 
 3 
 
 4 
 6 
 
 13 
 
 
 4 
 6 
 
 13 
 
 
 4 
 6 
 
 1 
 
 5 
 10 
 
 
 4 
 
 
 
 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 3 3 
 
 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;; 4 
 
 Paid fiUng afiidavit 020 020 
 
 Paid for office copy, at per folio 2 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 J, !^ 
 
 Attending conference . . • • • • • J ^;! f n i n n 
 
 Attending Court i.etition 111 i-aper, but not rr.uiud . 6 8 10 
 
 4 4 
 2 2 
 2 2 
 
 10 10 
 
 4 4 
 
 10 10 
 
 6 8 6 8 
 
 10 10 
 
 3 6 3 6 
 3 6 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. 
 
 13 4 
 
 1 1 
 
 G 8 
 
 4 
 
 4 
 
 6 8 
 
 1 1 
 10 
 4 
 G 8 
 15 
 C 
 
 Higher Soale. 
 £ .-. </. 
 
 1 1 
 
 2 2 
 
 8 
 
 4 
 
 4 
 
 13 4 
 
 3 3 
 
 1 
 4 
 13 4 
 15 
 G 
 
 Easter Sittings, 1879. 
 
 Attending the Paymaster-General with order and 
 
 bespeaking cheque G 8 
 
 Attending the Paymaster-General to bespeak jjower of 
 
 attorney to receive £ payable to the petitioner . G 8 
 
 Paid for stamp and paper (as paid) .... 
 
 Attending the petitioner upon his signing power and 
 
 attesting his execution of same 8 
 
 ^Filling up and completing affidavit of execution, and 
 
 attending to depose thereto 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 (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 6 8 
 
 ♦Filling up and completing affidavit of execution, imd 
 
 attending to depose thereto 13 4 
 
 * Preparing exhibit 10 
 
 ♦Paid commissioner taking deponent's oath and mark- 
 ing exhibit 2 
 
 (If sent to agent for execution, charge as before). 
 
 ' Xo aflidavit is le'iuired uow to verify executions of powers of attomie?. 
 
 6 8 
 
 6 8 
 
 6 8 
 
 13 4 
 
 1 
 
 2 6 
 
 3 6 
 
 3 6 
 
 G 8 
 
 2 
 
 6 8 
 
 6 8 
 
 8 3 
 
 6 8 
 
 13 4 
 
 1
 
 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 . . 
 
 If agency, letters, &c. ....... 
 
 Letters, messsengers, &c 
 
 
 
 6 
 
 8 
 
 
 
 6 
 
 8 
 
 
 
 
 
 4 
 
 
 
 
 
 4 
 
 
 
 
 
 8 
 
 
 
 
 
 8 
 
 
 
 4 
 
 6 
 
 
 
 5 
 
 6 
 
 
 
 4 
 
 6 
 
 
 
 5 
 
 6 
 
 
 
 6 
 
 8 
 
 
 
 6 
 
 8 
 
 
 
 2 
 
 
 
 1 
 
 2 
 
 
 
 
 
 6 
 
 8 
 
 
 
 6 
 
 8 
 
 
 
 3 
 
 
 
 
 
 3 
 
 
 
 
 
 15 
 
 
 
 
 
 15 
 
 
 
 
 
 6 
 
 
 
 
 
 6 
 
 
 
 1 
 
 1 
 
 
 
 2 
 
 2 
 
 
 
 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 
 
 Paid filing affidavit 
 
 
 
 6 
 
 8 
 
 
 
 13 
 
 4 
 
 
 
 1 
 
 
 
 
 
 1 
 
 
 
 
 
 
 
 4 
 
 
 
 
 
 4 
 
 
 
 6 
 
 8 
 
 
 
 6 
 
 8 
 
 
 
 1 
 
 6 
 
 
 
 1 
 
 6 
 
 
 
 
 
 4 
 
 
 
 
 
 4 
 
 
 
 2 
 
 
 
 
 
 2 
 

 
 £ 
 
 s. 
 
 il. 
 
 £ 
 
 s. 
 
 d. 
 
 
 
 
 
 2 
 
 
 
 
 
 2 
 
 
 
 6 
 
 8 
 
 
 
 10 
 
 
 
 
 
 
 
 4 
 
 
 
 
 
 4 
 
 
 
 6 
 
 8 
 
 
 
 6 
 
 8 
 
 2 
 
 4 
 
 6 
 
 2 
 
 4 
 
 6 
 
 
 
 1 
 
 
 
 1 
 
 
 
 
 
 
 
 4 
 
 
 
 4 
 
 
 
 5 
 
 
 
 5 
 
 
 
 
 
 
 
 4 
 
 
 
 4 
 
 
 
 G 
 
 8 
 
 13 
 
 4 
 
 
 
 3 
 
 
 
 5 
 
 
 
 
 
 G 
 
 8 
 
 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 7 
 
 Trinity Sittings. 
 
 20. Drawing and engrossing affidavit of service of 
 
 charging order nisi, at per folio 10 10 
 
 Paid commissioner taking deponent's oalli . . . 1 G 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 10 
 
 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 6 8 13 4 
 
 Attending the registrar \\ith brief ami papers and 
 
 bespeaking draft order 0G8 068 
 
 5 
 
 5 
 
 4 
 
 4
 
 810 APPENDIX III. 
 
 Lower Scale. Higher Scale. 
 £ s. d. £, s. d. 
 
 . 
 
 
 
 4 
 
 
 
 4 
 
 . 
 
 6 
 
 8 
 
 13 
 
 4 
 
 . 
 
 3 
 
 
 
 5 
 
 
 
 . 
 
 6 
 
 8 
 
 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 6 8 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 
 
 
 
 6 
 
 8 
 
 
 
 10 
 
 
 
 
 
 
 
 4 
 
 
 
 
 
 4 
 
 
 
 
 
 4 
 
 
 
 
 
 4 
 
 
 
 6 
 
 8 
 
 
 
 6 
 
 8 
 
 3 
 
 5 
 
 6 
 
 3 
 
 5 
 
 6 
 
 
 
 3 
 
 4 
 
 
 
 6 
 
 8 
 
 1 
 
 
 
 
 
 1 
 
 6 
 
 
 
 
 
 
 
 8 
 
 
 
 6 
 
 8 
 
 
 
 4 
 
 
 
 
 
 4 
 
 ■0 
 
 
 
 
 
 4 
 
 
 
 4 
 
 
 
 
 
 8 
 
 13 
 
 4 
 
 
 
 G 
 
 8 
 
 13 
 
 4 
 
 1 
 
 1 
 
 
 
 1 1 
 

 
 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. </. 
 
 4 
 
 (5 
 
 
 
 5 t; 
 
 () 
 
 8 
 
 
 
 G 8 
 
 2 
 
 
 
 1 
 
 2 
 
 6 
 
 8 
 
 
 
 6 8 
 
 3 
 
 
 
 
 
 .-} 
 
 1 1 
 
 
 
 1 
 
 1 
 
 • 
 
 
 
 • 
 
 • 
 
 
 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 
 
 
 
 6 
 
 8 
 
 
 
 6 
 
 8 
 
 
 
 1 
 
 
 
 
 
 1 
 
 
 
 
 
 
 
 4 
 
 
 
 
 
 4 
 
 
 
 6 
 
 8 
 
 
 
 6 
 
 8 
 
 
 
 6 
 
 8 
 
 
 
 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. 
 
 G 8 
 
 1 
 
 4 
 
 6 8 
 
 1 
 
 4 
 
 3 
 
 5 
 
 4 
 
 4 
 
 6 8 
 
 3 5 6 
 
 
 
 5 
 
 6 
 
 1 
 
 
 
 1 
 
 6 
 
 Higher Scale. 
 
 £ s. il. 
 
 6 8 
 
 10 
 
 4 
 
 6 8 
 
 10 
 
 4 
 
 3 6 
 
 5 
 
 4 
 
 4 
 
 6 8 
 
 3 5 6 
 
 6 8 
 
 4 
 
 6 8 
 
 1 6 
 
 6 8 
 
 1 
 
 6 8 
 
 2 4 6 
 
 4 
 
 6 8 
 
 5 
 
 4 
 
 1 6 
 
 1 
 
 4 
 
 2 
 
 2 
 
 6 8 
 3 7 
 
 6 
 
 
 
 6 
 
 1 
 
 6 
 
 1 
 
 6 
 
 2 4 
 
 
 
 6 8 
 
 1 
 4 
 
 4 
 
 5 
 
 6 8 
 
 1 
 
 1 
 
 6 8 
 
 4 
 2 
 2 
 
 6 8 
 3 7
 
 
 
 6 
 
 8 
 
 
 
 6 
 
 8 
 
 
 
 1 
 
 
 
 
 
 1 
 
 
 
 
 
 
 
 4 
 
 
 
 
 
 4 
 
 
 
 -2 
 
 
 
 
 
 2 
 
 
 
 
 
 U 
 
 8 
 
 
 
 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 13 4 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 3 (i 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 (5 8 G 8 
 
 March Int. 
 Attending with trustee receiving amount of interest 
 
 due in addition to cash paid into Court . . G 8 G 8 
 
 3 G 2 
 
 
 
 
 
 4 
 
 
 
 
 
 4 
 
 
 
 2 
 
 
 
 
 
 2 
 
 
 
 
 
 
 
 2 
 
 
 
 
 
 2 
 
 
 
 4 
 
 
 
 
 
 4 
 
 
 
 
 
 1 
 
 
 
 
 
 1 
 
 
 
 
 
 
 
 4 
 
 
 
 
 
 4 
 
 
 
 6 
 
 8 
 
 
 
 6 
 
 8 
 
 •; 
 
 4 
 
 G 
 
 2 
 
 4 
 
 G 
 
 
 
 3 
 
 4 
 
 
 
 6 
 
 8 
 
 1 
 
 G 
 
 
 
 1 
 
 G 
 
 
 
 
 
 13 
 
 4 
 
 
 
 13 
 
 4 
 
 
 
 6 
 
 8 
 
 
 
 G 
 
 8 
 
 
 
 13 
 
 4 
 
 1 
 
 1 
 
 
 
 1 
 
 1 
 
 
 
 2 
 
 2 
 
 
 
 
 
 G 
 
 8 
 
 
 
 6 
 
 8 
 
 
 
 
 
 4 
 
 
 
 
 
 4 
 
 
 
 4 
 
 
 
 
 
 4 
 
 
 
 
 
 G 
 
 8 
 
 
 
 13 
 
 4 
 
 1 
 
 1 
 
 
 
 3 
 
 3 
 
 
 
 
 
 G 
 
 8 
 
 
 
 G 
 
 8 
 
 
 
 10 
 
 
 
 1 
 
 
 
 
 
 
 
 4 
 
 
 
 
 
 4 
 
 
 
 
 
 6 
 
 8 
 
 
 
 13 
 
 4 
 
 
 
 G 
 
 8 
 
 
 
 G 
 
 8 
 
 
 
 
 
 G 
 
 
 
 
 
 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. 
 3 4 
 
 'lier Scale. 
 
 6 8 6 
 
 2 6 
 
 6 8 
 
 1 11 6 
 
 6 8 
 
 2 6 
 
 6 8 
 
 1 
 4 
 
 13 4 
 
 6 8 
 
 4 
 
 8 
 
 4 6 
 
 4 6 
 
 6 8 
 
 2 
 
 6 8 
 
 3 
 
 15 
 
 6 
 
 1 1 
 
 2 
 6 
 
 1 11 6 
 
 6 8 
 
 2 6 
 
 6 8 
 
 1 
 4 
 
 13 
 
 6 
 
 
 
 
 
 5 
 
 5 
 
 6 8 
 
 12 
 
 6 8 
 
 3 
 
 15 
 
 6 
 
 2 2 
 
 " 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. 
 
 
 
 6 
 
 8 
 
 
 
 13 
 
 4 
 
 
 
 1 
 
 
 
 
 
 1 
 
 
 
 
 
 6 
 
 8 
 
 
 
 6 
 
 8 
 
 2 
 
 4 
 
 6 
 
 2 
 
 4 
 
 6 
 
 
 
 1 
 
 
 
 
 
 1 
 
 
 
 
 
 
 
 4 
 
 
 
 
 
 4 
 
 
 
 :i 
 
 4 
 
 
 
 6 
 
 8 
 
 1 
 
 A 
 
 () 
 
 1 
 
 li 
 
 6 
 
 
 
 6 
 
 8 
 
 
 
 \:i 
 
 4 
 
 
 
 1 
 
 
 
 
 
 1 
 
 
 
 
 
 
 
 4 
 
 
 
 
 
 4 
 
 
 
 6 
 
 8 
 
 
 
 6 
 
 8 
 
 
 
 1 
 
 6 
 
 
 
 1 
 
 6 
 
 
 
 
 
 4 
 
 
 
 
 
 4 
 
 
 
 2 
 
 
 
 
 
 2 
 
 
 
 
 
 
 
 2 
 
 
 
 
 
 2 
 
 1 
 
 4 
 
 1 
 
 4 
 
 
 
 
 
 4 
 
 
 
 
 
 4 
 
 
 
 () 
 
 8 
 
 
 
 6 
 
 8 
 
 2 
 
 4 
 
 6 
 
 2 
 
 4 
 
 6 
 
 
 
 3 
 
 4 
 
 
 
 3 
 
 4 
 
 1 
 
 6 
 
 
 
 1 
 
 6 
 
 
 
 
 
 13 
 
 4 
 
 
 
 13 
 
 4 
 
 
 
 13 
 
 4 
 
 
 
 13 
 
 4 
 
 
 
 3 
 
 7 
 
 
 
 3 
 
 7 
 
 6 8 6 8 
 
 
 
 H 
 
 8 
 
 
 
 6 
 
 8 
 
 
 
 3 
 
 7 
 
 
 
 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 6 6 
 
 Paid commissioner his fee for his attendance and taking 
 
 oath of deponent, and marking exhibit . . . 10 10 
 
 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 
 
 6 8 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 
 
 4 4 
 4 4 
 5 
 
 5 10 
 
 4 4 
 Preparing exhibits, each at 10 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
 
 
 
 1 
 
 
 
 
 
 1 
 
 
 
 
 
 
 
 4 
 
 
 
 
 
 4 
 
 
 
 6 
 
 8 
 
 
 
 6 
 
 8 
 
 
 
 1 
 
 G 
 
 
 
 1 
 
 6 
 
 
 
 
 
 4 
 
 
 
 
 
 4 
 
 
 
 2 
 
 
 
 
 
 2 
 
 
 
 
 
 
 
 2 
 
 
 
 
 
 2 
 
 
 
 4 
 
 
 
 
 
 4 
 
 
 
 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 . . . 13 4 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. 
 
 
 
 10 
 
 (1. 
 9 
 
 
 
 10 
 
 9 
 
 
 
 
 
 4 
 
 
 
 
 
 4 
 
 
 
 3 
 
 6 
 
 
 
 3 
 
 6 
 
 
 
 3 
 
 6 
 
 
 
 3 
 
 6 
 
 
 
 
 3 
 3 
 
 6 
 7 
 
 
 
 
 3 
 3 
 
 6 
 7 
 
 
 
 3 
 
 (i 
 
 
 
 3 
 
 6 
 
 
 
 3 
 
 7 
 
 
 
 3 
 
 7 
 
 
 
 6 
 
 8 
 
 
 
 6 
 
 8 
 
 
 
 3 
 
 7 
 
 
 
 3 
 
 7 
 
 
 
 6 
 
 8 
 
 
 
 fi 
 
 8 
 
 
 
 1 
 
 
 
 
 
 I 
 
 
 
 
 
 
 
 4 
 
 
 
 
 
 4 
 
 
 
 2 
 
 
 
 
 
 2 
 
 
 
 
 
 6 
 
 8 
 
 
 
 (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 10 10 
 
 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 3 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 
 
 
 
 
 
 4 
 
 
 
 
 
 4 
 
 
 
 
 
 
 
 
 
 2 
 
 
 
 
 
 
 
 2 
 
 
 
 
 
 2 
 
 
 
 6 
 
 8 
 
 
 
 6 
 
 8 
 
 
 
 1 
 
 
 
 
 
 1 
 
 
 
 
 
 
 
 4 
 
 
 
 
 
 4 
 
 
 
 7 
 
 
 
 
 
 7 
 
 
 
 
 
 
 
 4 
 
 
 
 
 
 4 
 
 
 
 2 
 
 
 
 
 
 2 
 
 
 
 
 
 
 
 2 
 
 
 
 
 
 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 (5 8 6 8 
 
 September. 
 
 2. Making calculations of dividend for order . .068 068 
 Drawing amendment to petition, at per folio . .010 010 
 
 Amending ix^tition 13 4 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 10 10 
 
 ."■). 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 6 8 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 . . . . ' . . \ 6 8 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 
 
 
 
 10 
 
 
 
 1 
 
 
 
 
 
 
 
 4 
 
 
 
 
 
 4 
 
 
 
 
 
 6 
 
 8 
 
 
 
 13 
 
 4 
 
 
 
 1 
 
 
 
 
 
 1 
 
 
 
 
 
 
 
 4 
 
 
 
 
 
 4 
 
 
 
 «) 
 
 8 
 
 
 
 6 
 
 8 
 
 
 
 1 
 
 (i 
 
 
 
 1 
 
 6 
 
 
 
 
 
 4 
 
 
 
 
 
 4 
 
 
 
 2 
 
 
 
 
 
 2 
 
 
 
 
 
 
 
 2 
 
 
 
 
 
 2 
 
 
 
 15 
 
 
 
 
 
 15 
 
 
 
 
 
 6 
 
 
 
 
 
 6 
 

 
 ]'2Q APPENDIX III. 
 
 Michaehnas Term, 1881. 
 
 Lower Scale. Higher Scale. 
 £ s. (?. £ s. d. 
 5 5 
 
 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 . . . ^ b ^ ^ ^ 
 Warrant to tax same copy and service . ^ . • .02 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 . . - • • ' , :. "^ ^ ^ 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 . . 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. . . . • . ^ 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 
 
 6 8 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 
 
 6 8 6 8 
 16 16 
 
 Sittings fee n « o fi 
 
 If agency, letters, &c ? ? n ? ? 
 
 Letters, messengers, &c. i i u 
 
 15 15 
 
 
 
 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 
 
 6 8 6 8 
 4 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. 
 
 6 8 
 
 1 
 
 4 
 
 (J 8 
 
 1 6 
 
 4 
 
 2 
 
 2 
 
 ilighcr Sc.iIp. 
 
 £ f. (I. 
 
 6 8 
 
 1 
 
 4 
 
 6 8 
 
 1 6 
 
 4 
 
 2 
 
 2 
 
 10 10 
 
 4 
 
 4 
 
 
 
 
 
 2 
 
 
 
 
 
 3 
 
 
 
 6 
 
 8 
 
 
 
 6 
 
 8 
 
 3 
 
 5 
 
 6 
 
 3 
 
 5 
 
 6 
 
 
 
 3 
 
 4 
 
 
 
 6 
 
 8 
 
 1 
 
 f; 
 
 
 
 1 
 
 6 
 
 
 
 
 
 13 
 
 4 
 
 
 
 13 
 
 4 
 
 
 
 13 
 
 4 
 
 
 
 13 
 
 4 
 
 
 
 
 
 4 
 
 
 
 
 
 4 
 
 
 
 
 
 4 
 
 
 
 
 
 4 
 
 
 
 
 
 4 
 
 
 
 
 
 4 
 
 
 
 
 
 4 
 
 
 
 
 
 4 
 
 
 
 
 
 4 
 
 
 
 
 
 4 
 
 
 
 
 
 4 
 
 
 
 
 
 4 
 
 September. 
 
 2. Attending petitioner's solicitors on their amending 
 
 petition 
 
 23. Close copy draft order of » 1881, f(dios l"i .0 
 
 Attending before registrar settling draft order . . 
 
 6 8 
 
 6 
 
 8 
 
 5 
 
 
 
 
 
 6 8 
 
 13 
 
 4 
 
 October. 
 
 20. Attending passing same 
 
 Sittings fee . 
 
 If agency, letters, cScc. . 
 
 6 8 13 4 
 15 I'l 
 6 6 
 
 Michaelmas Sitting!^, 1881. 
 
 Drawing bill of costs and copy, at per folio , 
 "Wari'anf on leaving same coyx and service . 
 
 8 
 2 6 
 
 8 
 2 6
 
 l,owcr Scale. 
 £ s. il. 
 4 
 2 6 
 
 Higher Scale. 
 £. s. il. 
 
 4 
 2 6 
 
 6 
 
 
 8 
 8 
 
 
 
 
 6 8 
 8 
 
 6 
 15 
 
 6 
 
 1 1 
 
 8 
 
 
 
 
 
 
 
 1 
 
 6 8 
 
 15 
 
 6 
 
 1 
 
 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 13 4 
 
 DraAving notice, at per folio 010 010 
 
 Instiuctions for afhdavit of 6 8 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 . . .' 2 6 2 6 
 
 Making copy affidavit and notice to be marked as an 
 
 ' office copv, at ]»er folio 004 004 
 
 Paid filing affidavit 2 2 
 
 Paid for office copv, at jier folio 2 2 
 
 Paid stamping notice 10 10 
 
 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 13 4 13 4 
 
 Paid the charges of the solicitor to the bank . . . 13 4 13 4 
 
 Sittings fee 15 15 
 
 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 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 
 
 
 
 13 
 
 4 
 
 1 
 
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 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. 
 
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 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 2 
 
 i'ciusiii^' saint' . . . . . . . . . . . -2 
 
 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,' . . 13 4 
 Drawing' brief for counsel (exclusive of correspondence), folios 10 . 10 
 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 
 
 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 H 
 
 -Makin^^ 2 brief copies of affidavits of for counsel, fulios 17 each Oil 4 
 
 Attending' Mr. with brief and papers 13 4 
 
 Paitl fee to him and clerk . . . . . "> 10 
 
 Attending' Mr. with brief and papers 8 
 
 Paid fee to him and clerk 3 .'» 
 
 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 
 
 24. Attending cttnsultation 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 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 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 3 
 
 
 
 
 
 
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 8 
 
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 13 
 
 4 
 
 
 
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 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. <'. 
 
 2 
 
 4 6 
 
 15 
 
 C 
 
 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 
 
 2 4 
 
 6 8 
 
 5 
 
 6 8 
 
 1 1 
 
 clerk to ap])oint an otficial 
 as otficial li(iuidator, 
 
 
 
 13 
 
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 8 
 
 
 
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 8 
 
 
 
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 8 
 
 
 
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 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 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
 
 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 
 
 
 
 
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 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 
 
 13 4 
 
 
 
 
 
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 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 
 
 4 
 4 
 4 
 
 
 
 1 
 
 
 
 
 
 
 
 4 
 
 
 
 
 
 4 
 
 
 
 
 
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 4 
 
 
 
 6 
 
 8 
 
 3 
 
 5 
 
 6 
 
 
 
 6 
 
 8 
 
 2 
 
 4 
 
 6 
 
 
 
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 8 
 
 2 
 
 9 
 
 6 
 
 
 
 6 
 
 8 
 
 1 
 
 3 
 
 6 
 
 
 
 13 
 
 4 
 
 
 
 10 
 
 
 
 1 
 
 1 
 
 
 
 2 
 
 2 
 
 
 
 
 
 
 
 4 
 
 
 
 13 
 
 4 
 
 3 
 
 3 
 
 
 
 
 
 13 
 
 4 
 
 8 
 
 5 G 
 
 5 
 
 6 8 
 
 15 
 
 C 
 
 1 1
 
 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 
 
 
 
 6 
 
 8 
 
 I 
 
 1 
 
 
 
 
 
 .3 
 
 
 
 
 
 2 
 
 
 
 
 
 6 
 
 8 
 
 
 
 4 
 
 
 
 
 
 1 
 
 4 
 
 
 
 2 
 
 
 
 
 
 6 
 
 8 
 
 
 
 3 
 
 6 
 
 
 
 1 
 
 4 
 
 
 
 2 
 
 
 
 
 
 
 
 8 
 
 13 4 
 
 1 1 
 
 1 10 
 
 13 4 
 
 10 
 
 10 
 
 1 1 
 6 8 
 5 
 13 4 
 
 6
 
 836 APPENDIX III. 
 
 £ s. il. 
 
 Attending taxing same 0G8 
 
 Paid ad valorem duty 
 
 Sittings lee . " . • ... 15 
 
 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 . . . . 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 . . . . . . 13 4 
 
 Paid stamping same 030 
 
 Making copy to leave at Chambers 2 
 
 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 14 
 
 Engrossing same . . . . . . . . . .048 
 
 Preparing two exhibits . . . 020 
 
 Attending deponent to be sworn to same 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 4 
 
 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 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 6 8 
 
 Drawing same, folios 6 060 
 
 Engrossing same . . . . . . . . . .020 
 
 Attending dej^onent to be sworn to same 6 8 
 
 Paid commissioner taking deponent's oath 16 
 
 Paid his expenses for journey to and from Oxford and London to 
 
 make affidavit 1 10 
 
 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. 
 
 
 
 2 
 
 
 
 
 
 1 
 
 
 
 
 
 4 
 
 
 
 
 
 6 
 
 8 
 
 
 
 9 
 
 
 
 
 
 3 
 
 
 
 
 
 6 
 
 8 
 
 
 
 1 
 
 6 
 
 
 
 10 
 
 6 
 
 
 
 3 
 
 
 
 
 
 2 
 
 
 
 
 
 1 
 
 6 
 
 
 
 (5 
 
 8 
 
 
 
 7 
 
 
 
 
 
 2 
 
 4 
 
 
 
 6 
 
 8 
 
 
 
 1 
 
 6 
 
 
 
 10 
 
 6 
 
 
 
 2 
 
 4 
 
 
 
 2 
 
 
 
 
 
 1 
 
 2 
 
 
 
 4 
 
 
 
 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 
 
 13 4 
 
 1 
 
 1 
 
 
 
 
 
 6 
 
 8 
 
 2 
 
 4 
 
 6 
 
 
 
 6 
 
 8 
 
 1 
 
 (5 
 
 8 
 
 
 
 13 
 
 4 
 
 
 
 13 
 
 4 
 
 
 
 8 
 

 
 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 
 
 
 
 4 
 
 
 
 
 
 13 
 
 4 
 
 
 
 2 
 
 8 
 
 
 
 5 
 
 
 
 6 
 
 .3 6 
 
 
 13 
 
 4 
 
 
 2 
 
 8 
 
 
 16 
 
 8 
 
 
 5 
 
 6 
 
 
 5 
 
 6 
 
 
 6 
 
 8 
 
 
 1 2 
 
 
 
 
 6 
 
 8 
 
 
 3 
 
 
 
 
 1 1 
 
 
 
 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 _ . . . 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 
 
 
 
 2 
 
 6 
 
 1 
 
 1 
 
 
 
 
 
 1 
 
 fi 
 
 
 
 10 
 
 (> 
 
 
 
 1 
 
 <i 
 
 
 
 10 
 
 6 
 
 
 
 
 
 4 
 
 
 
 2 
 

 
 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. 
 
 2 
 
 4 
 
 2 
 
 2 
 
 
 
 2 
 
 
 
 4 
 
 6 
 
 1 
 
 
 
 1 
 
 6 8 
 
 4 
 
 2 
 
 2 
 
 4 
 
 Januanj, 1880. 
 
 Instructions for affidavit of 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 4 
 
 Sittings fee 15 
 
 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 .,,,,,,.,, 
 
 
 
 3 
 
 6 
 
 
 
 2 
 
 4 
 
 
 
 
 
 6 
 
 
 
 
 
 4 
 
 6 8 
 
 4 
 
 
 
 1 
 
 
 
 4 
 
 
 
 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. 
 
 '/. 
 
 
 
 
 1 
 
 8 
 
 
 
 
 1 
 
 
 
 folio 
 
 
 
 
 fV.lio 
 
 
 
 
 
 4 
 
 
 
 
 6 
 
 8 
 
 
 .3 
 
 .') 
 
 6 
 
 
 
 
 (5 
 
 8 
 
 
 1 
 
 (5 
 
 
 
 
 
 
 i:j 
 
 4 
 
 an<l 
 
 
 
 
 three 
 
 
 
 
 1 
 
 4 
 
 1 *10 
 (5 
 1') 
 
 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 . . . . . 
 
 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 
 
 
 
 4 
 
 
 
 
 
 1 
 
 
 
 
 
 
 
 4 
 
 
 
 
 
 4 
 
 . 
 
 (j 
 
 8 
 
 . 3 
 
 .■) 
 
 6 
 
 . 
 
 6 
 
 8 
 
 . 1 
 
 (i 
 
 
 
 . 
 
 l.j 
 
 
 
 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
 
 
 
 5 
 
 
 
 
 
 
 
 6 
 
 
 
 
 
 4 
 
 
 
 
 
 6 
 
 
 
 
 
 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 . 10 
 10. Attending Court adjourned summons in paper but not reached . 10 
 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 
 
 
 
 3 
 
 6 
 
 
 
 1 
 
 9 
 
 .3 
 
 3 
 
 
 
 
 
 1 
 
 
 
 
 
 
 
 4 
 
 
 
 6 
 
 8 
 
 2 
 
 4 
 
 6 
 
 
 
 6 
 
 8 
 
 1 
 
 6 
 
 
 
 
 
 13 
 
 4 
 
 
 
 6 
 
 8 
 
 
 
 3 
 
 6 
 
 
 
 3 
 
 6 
 
 
 
 2 
 
 8 
 
 
 
 4 
 
 
 
 
 
 13 
 
 4 
 
 
 
 4 
 
 
 
 
 
 5 
 
 
 
 
 
 13 
 
 4 
 
 
 
 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. 
 
 
 
 5 
 
 6 
 
 
 
 5 
 
 6 
 
 
 
 6 
 
 8 
 
 1 
 
 2 
 
 
 
 
 
 6 
 
 8 
 
 
 
 3 
 
 
 
 
 
 If) 
 
 
 
 1 
 
 1 
 
 
 
 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 ........... 
 
 Instructions for aftidavit of otticial liquidator verifying the assets of 
 
 the company 
 
 Drawing same, folios 12. 
 
 Engrossing same .......... 
 
 Preparing exhibit 
 
 Attending deponent on his being sworn to same . . . . 
 Paid commissioner taking deponent's oath and marking exhibit . 
 
 Paid filing affidavit ^ 
 
 Making copy of same to be marked as an office copy . . • 
 Paid for ofiice copy ^ 
 
 ■named 
 
 of his 
 
 7 , in 
 
 11 6 
 
 6 
 
 8 
 
 1 
 
 
 
 (i 
 
 8 
 
 12 
 
 
 
 4 
 
 
 
 1 
 
 
 
 6 
 
 8 
 
 2 
 
 6 
 
 2 
 
 
 
 4 
 
 
 
 2 
 

 
 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 
 
 Instructions for recognizance of the official liquidator, folios 10 . 10 
 ^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 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> . . . 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 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 3 6 
 
 Instructions for affidavit of secretary of Society . . .068 
 
 Diawing same, fdlios 15 15 
 
 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 . 15 
 
 "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. . . . -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 . . . . . . 1.3 1 
 
 Drawing advertisement of app(jintment of olhcial litpiidator and fair 
 
 copy, and attending settling same . . . . . .0134 
 
 Paid stami>ing same . . . . . . . .10 
 
 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 . . . . . . . . . . .3 4 
 
 Drawing appointment of solicitor, and copy ,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 15 
 
 Trinity Sitlinij.'i, 187 . 
 
 Having received letter from the official liiiuidator enclosing 
 account and copy correspondeixce relating to the illegal distress, 
 perusing same ! 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 
 
 1 8 
 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 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 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 
 
 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 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 
 
 
 
 13 
 
 4 
 
 
 
 1 
 
 
 
 1 
 
 
 
 
 
 
 
 1 
 
 8 
 
 
 
 5 
 
 
 
 
 
 6 
 
 8 
 
 
 
 6 
 
 8 
 
 
 
 16 
 
 
 
 
 
 8 
 
 8
 
 IC 
 
 .1. 
 
 <i. 
 
 
 
 (5 
 
 
 
 
 
 (5 
 
 8 
 
 
 
 7 
 
 (; 
 
 
 
 2 
 
 
 
 
 
 8 
 
 8 
 
 
 
 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 . . . 12 
 
 Attending counsel with same . . . . . . . . (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 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 . . .3 
 
 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 . . . . . 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. . . . . . . . , . 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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 9 
 
 
 
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 5 
 
 
 
 
 
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 6 
 
 
 
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 5 
 
 10 
 
 
 
 
 
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 8 
 
 
 
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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 
 
 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 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. 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 
 
 7 
 
 
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 8 
 4 
 
 
 
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 8 
 
 
 
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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 . 10 
 
 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 8 
 
 Diawing furthei' biief for counsel, folios 42 2 2 
 
 Making fair copy of same for counsel , . . . . . 14 
 
 Attending counsel with same 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 7 4 
 
 Paifl stanijiing same 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 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 3 
 
 Making copy of s;ime to leave at Chambers 2
 
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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 '. . .") 
 
 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 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 . . . . . . . . . 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 . . ' 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 3 C 
 
 3 I -l 
 
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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 . . 10 
 
 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 . . (> 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 . . . . .3 
 
 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 3 6 
 
 Preparing draft order of instant, and attending to get same settled, 
 
 signed, and eutereil 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 
 
 
 
 
 
 
 
 
 6 
 
 8 
 
 
 
 
 
 10 
 
 
 
 
 
 
 
 3 
 
 4 
 
 
 
 
 
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 8 
 
 
 
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 5 
 
 6
 
 OFFICIAI- I.lQlII>.\ToU S COSTS. 
 
 .S5{ 
 
 AttiMiiliii,^' a rli-rk from tlio Ci>m])aiiy in r>'ffrcnci- tn the 
 
 issiu! dl" the ciiriihii- wliich we had settled, and reiiuesteil u.s tn 
 
 make a final ciinimunicalioii to his ofliie ..... 
 
 Atleiidin;,' the special examiner and paying his fee fur the furthi-r 
 
 examination ui" Mr. on the instant 
 
 I'aiil lee to hini and clerk ......... 
 
 Writing' to the secretary of the Company and informing; 
 him that the at^'reement had been approved of l>y the chief clerk, 
 and that the circulai's conld be issued . . . . 
 Atteiulin.i,' the othcial li(iuidator, conferring' with him with reference 
 to the refusal of Mi'. on his last examination to produce 
 the letters which he had received, and which he alle^^ed were pri- 
 vate communications from the directors, none of which letter;^ 
 appeared to be entered on the minutes, and allVcted Mr. 
 responsibility as a guarantor ; also confeiriuL,' with referent? to the 
 arrauLjement with Mr. , the lessor of the company's pre- 
 mises, and advising' him thereon 
 
 Eniirossin;,' order of ultimo, folios 4 
 
 Paid stainpin;^ same . . . . . 
 
 Attendin;^' ap|>ointmeiit before the special examiner for the further 
 examination of Mr. , when same adjourned till 
 
 next at o'clock . . . . . . . . 
 
 "Writinj,' to Mr. with formal notice of the appointment to exa- 
 
 nune him on next ......... 
 
 Having received a lettei' from Me>srs. in reference to the 
 position of the policy-holders, writini.: them in re])ly, and informini,' 
 them we would confer with the oliicial li(|uidator on same, and 
 then woulil write them a;j;ain 
 
 Makin.i,' copy of Messrs. & Co.'s letter, and writing to the 
 otlicial li([uidator with same ■ . : 
 
 rerusin-,' copy coiresi)ondence r-ceived from the otlicial lii|ui<lator 
 with reference to the refus-al of the trustees of the company to 
 transfer the stock except under the order of the Court . 
 
 I'leparinj,' summons for the trustees of the company to show c;iuse 
 whv they should not trinsft-r in the name of the otlicial li(iuiilator 
 the sum'of £ consols, and attendinj^ at Chambers to },'et same 
 8,'aled 
 
 Paid stamping same 
 
 Making copy of summons to leave at Chambiis . . . . 
 
 Copy and service of same on Mr. . . . . . 
 
 The' like on Mr. 
 
 The like on Mr. . . •,.-.: 
 
 Notice of return of this summons to the olhcial liquidator 
 
 £ J. d. 
 
 8 
 
 1.3 4 
 
 .-. 10 
 
 3 G 
 
 1.3 4 
 1 4 
 -J 
 
 13 4 
 
 3 G 
 
 3 G 
 
 4 (') 
 
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 13 
 
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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 . 
 
 13 4 
 
 n 8 
 
 3 b (i 
 
 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 
 
 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 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 
 
 
 
 (i 
 
 8 
 
 
 
 
 
 6 
 
 
 
 6 
 
 8 
 
 
 
 16 
 
 
 
 
 
 3 
 
 6 
 
 
 
 5 
 
 4 
 
 
 
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 8 
 
 
 
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 6 
 
 
 
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 4 
 
 
 
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 8 
 
 
 
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 4 
 
 
 
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 6 
 
 5 
 
 10 
 
 
 
 
 
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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 i' 
 
 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 .") . . . . . . . . . 1 H 
 
 Paid lor ..tlice copy • . U 10 
 
 "Writin*^ to Mr. , enclosing,' nii;,'inal sunimon.s with consi^'nt 
 
 endoi-sed for sij,'naturo by his solicitoi- .3 (I 
 
 Instructions for atlidavit of otHcial licjuidatio- verifyin:^ list of debts 
 
 and claims (i 8 
 
 Drawinj,' siuue, folios '> '> 
 
 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 
 
 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 . . . • , 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 " . ... . 10 
 
 Attending on the' otlicial li.|uidator on his signing iliivctions for 
 
 o])cning an account at I'.aiik of England 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 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 (> 8 
 
 "Writing to Mr. with n-^tice of ap])ointment to .settle the onhr 
 
 to transfer the stock 0-10 
 
 The like to Mr. • • . :! 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 . ' 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 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. . . 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. . . ' 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 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 
 
 13 
 
 4 
 
 3 
 
 
 
 2 
 
 
 
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 8 
 
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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 . . . . . . 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 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 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 . . . . . . • . 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 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 . . . . 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 13 4
 
 
 
 2 
 
 
 
 
 
 1 
 
 
 
 
 
 1 
 
 
 
 
 
 
 
 •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 .......... 
 
 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 
 
 Making fail' copy i'or the otlicial lii[uidator . . . . . 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 . . . 13 4 
 
 Having received ameiKhid copy of corrected addicsses of contribu- 
 
 tories from the official ii(|uidator, ])erusing same and making notes 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 3 
 
 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 . . . . . 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, 
 
 . 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: >. ./. 
 
 13 4 
 
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 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 
 
 13 4 
 
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 SCO APPENDIX III. 
 
 £ s. d. 
 
 pontative rases in which they desired to ajt, and writing to the 
 
 otticial li(|uiilator with same 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 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 
 
 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 . . . . . . . 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 . " 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
 
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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 13 4 
 
 Attending Messi's. iv< to Mr. case on their calling, 
 
 
 
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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 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 3 6 
 
 Instructions for affidavit of the official liipiidatur, verifying all the 
 
 books of the company 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 6 8 
 
 Instructions for affidavit of official liipudator as to claim against 
 
 Mr. . _ (i 8 
 
 Drawing same, hilins S 8 
 
 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 3 
 
 Prejiaring forty-two exhibits 2 2 
 
 Attending deponent to be sworn to same (> 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) _ . . . 14 
 
 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 . . . .• . • . • • . 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 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 6 8
 
 :} n 
 
 OFFICIAL LIQUIKATOk's COSTS. 8G3 
 
 £ >. it. 
 
 Dmwiu;^ same, fulins .') 'J •» '> 
 
 Knj,'r(>s.sin;^ siiiiic . . • • • • • • • . 1 H 
 
 rivi>iiiiii- cxliil.it U 1 
 
 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 13 4 
 
 Enj,'rossin^' alliduvit of othcial li«[uiilat<)r in siipjioit of ctduiiany'.s 
 
 c-laim against Mr. , inehuling correspondeiiee, folios 2.') 8 4 
 
 Preparing' 7 exhibits < 
 
 "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 . . 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 . 2 (i 
 Makim; cojiv of this athdavit to be marked as an ollicL- copy, f(dios 5 18 
 
 Paid tiTin- athdavit 020 
 
 Pai.l for ortice copy 10 
 
 Attending' the ollicial litpiidator on his bein;,' sworn to hisallidavit in 
 
 support of company's claim a;4ainst Mr. . . . . 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 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. . . . (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 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 G 8 
 
 Drawin-^ Siune, folios 24 14 
 
 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 •. .• .• . 3 G 
 
 Preparing summons for leave to proceed on official li'juidators first 
 
 3 
 3 6
 
 
 
 G 
 
 8 
 
 
 
 3 
 
 
 
 
 
 2 
 
 
 
 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 5 
 
 "Writing to official licjuidator with notice of appointment to vouch 
 
 his hist account of receipts and payments 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 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 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. 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 . . . . ' ' .' . . ] ] 
 
 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
 
 
 
 r, 
 
 s 
 
 
 
 H 
 
 u 
 
 
 
 1 
 
 
 
 
 
 U 
 
 H 
 
 
 
 2 
 
 (; 
 
 
 
 8 
 
 
 
 
 
 2 
 
 (J 
 
 
 
 4 
 
 
 
 
 
 4 
 
 
 
 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 £ 3 (> 
 
 Paid for office copy alfidavit of , folio;. G . . :i o 
 
 Perusing same . . . • • ; . . U '2 
 
 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 . 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 . . :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 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 . . . :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 13 4 
 
 Attending summons taken out on behalf of and othei-s 
 
 for further time to file evidence in oppositi(.n, when order made . 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 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 . . . . . . . . . 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 . . 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 
 
 (> 
 
 
 
 4 
 
 
 
 
 
 2 
 
 8 
 
 the coinjtany he was not liiiV)lc hy riason of his never haviii;^ 
 exercised the rif^hts of a diri'ctur 5 
 
 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. . . . :{ <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 . 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 3 
 
 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. 13 4 
 
 Writing to Mes.srs. & Co. informing them the result of 
 
 their siimmons . . . . . . . • • . 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 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 
 
 
 
 1 
 
 3 
 
 4 
 
 
 
 8 
 
 
 
 (; 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 . . . . 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 . 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 15 
 
 6 8 
 
 6 8 
 
 1 17 
 
 18 
 
 6 8 
 
 3 6 
 
 3 6 
 
 6 8 
 
 4 6 8 
 
 6 
 2 
 2 
 
 3 6 
 
 3 6 
 
 nUaqi Sitting.^, 167 
 
 a 12 . . . .060 
 4 
 5 
 3 4 
 
 Piild for office copy utlidavil nf , 
 
 Perusing same ^'*/% 
 
 Paid for office copy alliduvil Mf , iuli.is 10 . . . . o 
 
 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 1
 
 
 
 (j 
 
 8 
 
 
 
 3 
 
 G 
 
 
 
 2 
 
 
 
 
 
 2 
 
 
 
 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 . . (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 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 .' . . 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 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 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 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 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 6 8 
 
 Paid stamping same ......... 030
 
 £ 
 
 s 
 
 d. 
 
 
 
 2 
 
 
 
 
 
 4 
 
 6 
 
 
 
 6 
 
 8 
 
 1 
 
 2 
 
 
 
 
 
 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 . . .... 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 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 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 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. 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 .... 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. 
 
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 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. 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 . . 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 3 
 
 Making copy to leave at chambers o 2 o 
 
 Copy and service of same on Mr. , solicitor for . . 4 G 
 
 2 copies and services for !Mr. and Mr. , solicitors . . 1) 
 
 Paicl for oHice copy affidavit of , f<dios 10 . . . . (» T) 
 
 Perusing same 034 
 
 Attending summons for further time, within which to give notice to 
 
 cross-examine , when order made as asked . . . . G 8 
 
 Writing to the official liquiilator with notice of return of summons 
 
 to extend the time of hling evidence herein 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 . . . 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 . . . . \ . . . . . . . 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 . . . . . . . . . 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 . . 3 G 
 
 Attending at the examiner's office for and obtaining an appointment 
 
 for the , to cross-examine on his affidavit 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 4 
 
 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 
 
 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 6 8 
 
 Drawing same, folios 10 10 
 
 \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 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 . . . . . . 13 4 
 
 Drawing same, folios 20 . . . . . . . . .10 
 
 Writing to Messrs. for an appointment to inspect the exhibits 
 referred to in affidavit, and also to inspect the probate of 
 the will of 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 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 , . . . . 
 
 
 
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 OFI'IC'IAL LIQIIDATOU'S COSTS. .S73 
 
 £ >. .'. 
 
 Paid for oflirc co]>v . 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 . . . . . . . . . . . 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 3 
 
 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 3 
 
 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 <> « 
 
 Drawing form of notice of appointment before the examiner to cro.^- 
 
 examine , and fair cojiy 4 
 
 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 . . . '. 3 
 
 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 3 
 
 
 
 
 
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 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 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 4 
 
 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 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 ......... 
 
 
 
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 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 . . . 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 . . . . 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 • . 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 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 
 
 
 
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 »/b' APPENDIX 111. 
 
 Instructions for affidavit of official li(|uidator in reply to the affidavit 
 
 filed on behalf of 6 8 
 
 Drawing same, folios 10 . . . . . . . . . 10 
 
 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 
 
 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 , 
 
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 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- C K 
 
 Paid cdiumissiDiu-r takin-,' (lepimcnt's oath and niiirkinj,' exhibit . :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 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 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 '2 u 
 
 Paid for office copy affidavit of , folios 3 1 •; 
 
 Perusinf; s;ime •. ." -010 
 
 En<j;rossin},' affidavit of official liquidator in reply to athdavit «jf 
 
 folios 10 '..... 3 4 
 
 Attending' deponent to be sworn to same (» H 
 
 Paid commissioner taking' deponent's fiath 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 3 
 
 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 <! 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 . . . . 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 
 
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 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 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 
 
 
 
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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 (> 8 
 
 Paid his fee 10 
 
 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 . . . . . . . . 3 (> 
 
 Atteudiu}^ at the record and will clerk's othce ami bespeakiufj; ofHce 
 
 Copy depositions r>f , and afterwards for same . . G S 
 
 llavin;^ obtained an aj)pointment to proceed with 's claim 
 
 for the next, notice thereof to Mcssi-s. 
 
 & Co., his .solicitors 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 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 ........... 
 
 Drawing brief for counsel to attend liefore the judge at chaml»ei-s to 
 
 support the official liquidator's claim ngaiust , folios 24 14 
 
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 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 . 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 10 
 
 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 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 . . 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 . . . . 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 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 £ 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 :•. 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) . . . ."> •• 
 
 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 . . . . . . 1:J 4 
 
 -Makin;,' cojn' of brief and evidence for Mr. to appear in 
 
 su])]>ort of the ollicial liquidator's claim a- linst . . 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 . 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 13 4 
 
 Paid fee to him and clerk :» 10 U 
 
 Attendin'i Mr. , ajipoiutin^; consultation . 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 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. 
 
 
 
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 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 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 (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 . . . . . . . . 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 7 
 
 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 . . . . 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 . . . . 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 . . 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 . . . . (! 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 5 
 
 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 . 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 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. . . . \ . . . . . . 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) . . 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 . G 8
 
 
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 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 . . . . . . . 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 . . . . . . . . . . 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»- 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 3 
 
 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 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 . . ... 3 
 
 o I 2 
 
 
 
 
 
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 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 . . 13 4 
 
 Paid stamping same 030 
 
 Making copy of summons to leave at Chambers . . . .020 
 
 Copy and service of same on & Co 4 6 
 
 Drawing list of policy-holders whose notices had been returned 
 
 through the De<id Letter Office, folios 30 1 10 
 
 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 . . . 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 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 
 
 
 
 9 
 
 
 
 
 
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 OFFICiAI. LIQUIDATOll's COSTS. S85 
 
 llii-iu ami ])iiKlaLin;4 tn tin in tin- ili il't uidcis nlitaiiicd in 
 
 and Ciise3 (» 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 . . . . . 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 
 
 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 . " . " 3 
 
 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 13 4 
 
 
 
 
 
 10 
 
 
 
 5 
 
 
 
 
 
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 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 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 
 
 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 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 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 
 
 
 
 6 
 
 8 
 
 2 
 
 4 
 
 6 
 
 
 
 6 
 
 8 
 
 1 
 
 6 
 
 
 
 
 
 13 
 
 4 
 
 
 
 6 
 
 8 
 
 
 
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 6 
 
 
 
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 (5 
 
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 8 
 
 
 
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 OFFICIAL I.IQUll»AT01l's COSTS. 887 
 
 £ ». <i. 
 
 Paid f(.r..flui-ini,y 18 
 
 St'Veii copies and services, lii>t -1.S-. iiiid tile olliiTs 2/f. <)(/. tiidi . . 11) 
 "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 . . . . . . . . . 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 10 
 
 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 . . 10 
 Attendin'4 a])i)ointing conft-renep with counsel . . . . .068 
 
 Paid fee to him and clerk 16 
 
 Attending inference with counsel on Mr. 's claim . . 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 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 . . . . . . 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 . . . . . ." 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 . 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 . 3 6 
 
 Paid for order . . . , . . . . . . .050 
 
 Attending jiassing order of the 9th ultimo made against . 13 4 
 
 Writing to Mr. , requesting to know whether he still 
 
 appeared for Mi-. , as he had not attended any recent ap- 
 
 liointment herein . ........ 3 6 
 
 Writing to Mr. in icj)]y to liis letter, as to his liaving with- 
 drawn before tlie Judge in 's case 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<"_ '.'.'. 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 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 . , . 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. 
 
 1 «J 
 
 .1 n 
 
 8 
 
 r> 8 
 
 13 4 
 
 3 6 
 
 n 8 
 
 2 (i 
 
 3 6 
 
 t 6 
 
 3 6 
 
 3 6 
 
 lo 
 
 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
 
 
 
 3 
 
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 6 
 
 
 
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 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 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 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 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 .' 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 3 6
 
 OFFICIAL LlgUIKATOu's ( OST.S. 'S!>1 
 
 3 r, 
 
 
 
 3 
 
 
 
 1 (J 
 
 
 
 3 n 
 
 
 
 3 (j 
 
 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 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 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 . . . . G 
 
 Perusing Simie . . . . . . . • • • .040 
 
 Drawing and engrossing allidavit < if , folios ") . . * '^ "'* [! 
 
 Paid commissioner taking deponent's oath 1' 
 
 Making copy allidavit to l)e markeil as an office copy . . .01 
 
 Paid tiling allidavit ^ - 
 
 Paid for otHce copy 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 . . . . 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 T. 8 
 
 Drawing same, lolios (•) (5 
 
 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 . 2 fi 
 Makinu' eopy affidavit to bo marked as an office copv . .020 
 
 Paid filing affidavit .020 
 
 Paid fur office Copy .....•••• 
 
 G 
 
 S 
 2 
 
 1 G 
 2 O 
 O 1 
 
 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 . . . . . 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 . . . . . 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. 
 
 
 
 3 
 
 6 
 
 
 
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 ].-> 
 
 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 3 6 
 
 Wiitin;^ lo Messrs. & Co. with the rayinaster-Ueneral's 
 
 direction lor to pay into Uuurt £ . . . . 3 <> 
 
 Miikin;^' co)iy of jud^'ineiit of the Lords Justiees on the in>Lant, 
 
 folios <), lor the olliiial li«iiii(Uitor 3 
 
 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 . . . . . . . . 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 3 •; 
 
 Writin;^ to otlicial linuidator reiiue.-tin^ to know whether 
 
 had any claim ai^ainst the company . . . . . 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 . 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 . . . . . . . . 3 (I 
 
 Writing a similar letter to Messrs. vS: Co., .s«ilicitoi-s 
 
 for • • . . 3 ti 
 
 Instructions for affidavit of otlicial lit[uidator, verifyiii;,' his >econ.| 
 
 account of receii)ts and i>ayments «> 8 
 
 Diawinj^ s;ime, folios 5 5 
 
 Kn;,'rossin;^' sjime . . . . . . 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 -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 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 . . fi 8 
 
 Attcndin;,' counsel appointiuj^ conference (> H 
 
 i'aid conference fee to him and clerk 1 (» 
 
 Attendin;^ conference, when counsel advi.^ed we .should apply for a 
 
 4-day oixler '. . 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 
 

 
 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 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 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 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 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 
 
 
 
 
 
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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 ............ 
 
 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 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 
 
 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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 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 . 13 4 
 
 Paid stamping same . . 030 
 
 Making copy of same to leave at Chambers 2 
 
 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 . . 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 . 3 
 
 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 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 . . (> 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 
 
 \\'riting to the ulhcial li<juidator in reply to his letter a^ to the call 
 
 ti> be applied for . . . . . . . . . . .'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 . 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 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 . . . . . . . . ■ . .'i 
 
 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' 
 
 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 . . . . . . 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, 3 
 
 I'erusing sanw . . . . 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 . . . . 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, (,^<. ....... 
 
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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. 18 
 
 Making biief copv allidavit of the otiicial li([uidator, filed folios 
 
 .-), for Mr. ■ 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 . . 13 4 
 
 Attending Couit ad journed sumnmns in p:'.per but not leaelud . o 10 
 
 I'ai.l for olHcc copyaHidivit of , folios 4 -J 
 
 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 
 
 
 
 4 
 
 8 
 
 
 
 13 
 
 4 
 
 7 
 
 12 
 
 
 
 
 
 
 
 8 
 
 4 
 
 
 
 
 
 
 
 
 
 8 
 
 2 
 
 9 
 
 6 
 
 
 
 
 
 8 
 
 1 
 
 3 
 
 
 
 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 
 
 8 
 
 
 
 3 
 
 
 
 7 
 
 
 
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 8 
 
 ti 
 
 
 
 1 
 
 4 
 
 13 
 
 4 
 
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 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 . . . . . . . . 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 . 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 .'» 
 
 Drawing brief for counsel to ajijiear on Khalfofthe oHicial lifjui- 
 
 dator in supi>ort of his claim against , f<dios 70 . . . 3 10 
 
 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 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 
 
 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 . . . . . . . . . . . 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 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 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 . . ' . ' 10 
 
 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 
 
 
 
 
 1 
 
 6 
 
 . * 
 
 
 
 4 
 
 
 
 licitors 
 
 
 
 1 
 
 4 
 
 copy and service 
 
 
 
 
 
 
 
 4 
 
 
 
 . 
 
 
 
 3 
 
 
 
 his solicitors 
 
 
 
 4 
 
 
 
 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 3 Ti 
 
 Makiiij* copy of Messrs. & ('<>. s letter, and w ritin;,' to tlie oHh ial 
 
 Ii<Hii(lat<>r with sjuiie . . . . . . . I H 
 
 AtieiKliii;; Court all day on adjo\truod siiniinons of wiiiip, in ]i.i]Nrbtit 
 
 not reaelieil . . ' 10 
 
 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 . . . '! H 
 
 Atteuilin;,' the ollicial liipiidator in very Ion;,' interview as to the pro- 
 
 po.sed apjdication for a balame onler . . . . . 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 . . . l.'l 1 
 
 Drawiu),' onler a;,'aiu>t , folios 3 3 
 
 Notice to .settle .siiuu-, copy and service on & Co., their solicitors 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 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 . . . 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 . . 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 (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 
 
 
 
 
 6 
 
 8 
 
 
 2 
 
 4 
 
 6 
 
 same in 
 
 
 
 
 
 
 
 10 
 
 
 
 same in 
 
 
 
 
 
 
 
 10 
 
 
 
 saiiio in 
 
 
 
 
 
 
 
 10 
 
 
 
 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 . . . ' 13 4 
 
 Attending shorthand wiiter and reipiesting him to take notes . . 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 O 8 
 
 2 
 1 
 
 2 
 
 1 
 
 
 
 
 
 
 6 
 
 8 
 
 
 
 G 
 
 8 
 
 i; 
 
 ? t 
 
 (» 1; 
 
 > 
 
 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 
 
 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 
 
 ( 'lose cojty tlnift oilier of instant, folios li' . <) I o 
 
 Notice to sittle same, (! copies and service Id «) 
 
 Attendin.,' Uefore the registrar settling,' draft onler .110 
 
 Notice to pass .siime, (i copies an<l service . . . . l<j (5 
 
 Making' copy of letter received from Me.ssix. ^ A: Co., 
 
 solicitors for , and writinj,' to the oflicial li<[uidator 
 
 with stune I H 
 
 ( 'lo.^e copy of draft ordei; of the iM>tant, folios «i . . . 2 (J 
 
 Notice to settle s;ime, copy and service of same on Messrs. 
 
 .'s: ( V) 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 13 J 
 
 ( 'orrecting proof of order of instant, folios 1 1' . . . .0-20 
 
 Paid foror.ler O .') 
 
 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. . .3 
 
 ]>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 
 
 13 
 
 1 
 
 o 1 
 
 
 
 1 
 
 
 
 o .•> 
 
 
 
 U 13 
 
 4 
 
 »i 
 
 s 
 
 3 
 
 (i 
 
 n
 
 
 
 3 
 
 6 
 
 
 
 
 6 
 
 
 
 
 6 
 
 
 
 
 6 
 
 
 
 
 6 
 
 
 
 
 6 
 
 
 
 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 6 8 
 
 I'aid for same .... .040 
 
 Preparing endorsement tor ]ieisoiial ser\iee on four prints df oi'der, 
 
 together 3 folics 10 
 
 Cojiy an<l service of same on , at . . . ,") 
 
 Wiiting to Messrs. , requesting to know it' they wouhl 
 accept service of order on liehalf of , so that Ave need 
 not .serve him personally . .'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 . 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 
 
 
 
 4 6 
 
 
 
 T) 
 
 
 
 1 4 
 
 
 
 8
 
 (•Fl'IrlAL LH.MIHATOU'S tUSTS. 'JU7 
 
 ic .. ''. 
 
 Vnk] printer's chai>;e.s 9 
 
 Makiii},' copy suniinKiis of tliL- la>;t lor tin- pi inter, loli..o .014 
 
 IU'vi.siii^ and concctiii^' pr<Kif H 
 
 I 'aid pnntii's charges . . . . • . . . . :i lii 
 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 2 
 
 Attending.; tlie l'aynuu<ter-Gfnerul witli Siinic '» 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 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 £ 1 r» 
 
 Attending at to .serve with cujiy onhr of 
 
 ultimo, when We Were infornieil he was out of town . . lo Q 
 Attending at the to .serve with ropy onler 
 
 of the ultimo, Avhen We were informed he was abroad . ."» 
 
 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 (5 8 
 
 Making copy of letter received from Messrs. v^ ( 'o., antl 
 
 writing the otUcial li<iuidatoi- with .s;ime (» 4 
 
 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 G o 
 
 Attending at tlie raymaster-Geueiid's Ollice and obtaining onhr 
 directing transfer of 's £ , with note thereon that 
 
 tramsfer luid taken jilace R 
 
 Engiiged filling uj) and directing I13tt copy summons for balanto 
 
 ordei-s.andaildressingenvelopes to the contribulories at 1 .<.(!</. i-ach 84 l."> 
 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 
 
 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 . . . 
 
 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 
 
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 orni lAI, l.l'j! IDATull's COSTS. 1>0J) 
 
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 l\ii.l lilii.uatli.lavil (I 2 O 
 
 I'lii.! lor oHi.r iu|.y <) 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 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 
 
 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.!.; . .1 
 
 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, ^:.'. ... 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 . 
 
 
 
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 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 . . 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 . . . 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 ...,,,.,. 
 
 
 
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 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 . . . . . . . . . (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 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 '.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 . . . . 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 (■> 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' 
 
 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 . . , . . . . . 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 
 
 £ 
 
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 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 i:] 4 
 
 Paid >taiiipiii;^' same :} n 
 
 Makin<; copy to h'ave at Chambers .... . . :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 (1 4 
 
 Instructions for atliilavit in support (i « 
 
 Drawing siime, at per folio 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 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 (» :| 
 
 Making copv summons for chambers 2 
 
 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 . »> 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 
 
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 Marking exhibits, each 
 
 3 N 
 
 1
 
 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 2 
 
 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 , 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 13 4 
 
 Paid stiimping same 030 
 
 Making copy summons to leave at chambers 2 
 
 copies for ser\ace, each 2 
 
 (Sec previous notice about printing.) 
 Services of same on contributories, each . . . . .016 
 
 Drawing and engrossing affidavit verifying service of summons, 
 
 fiilios , at per folio . 10 
 
 Paid commissioner taking deponent's oath 16 
 
 Pai<l filing affidavit ..020 
 
 Making copy affidavit to be marked as an office copy, and paid for 
 
 office copy, at per folio 6 
 
 Instructions for affidavit of official licpiidator in support of summons 6 8 
 
 Drawing same, folios , at per folio 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 13 4 
 
 Engrossing same, at ])er foli • 004 
 
 I'aid for order 5 
 
 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 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 ' . . 13 4
 
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 ") 
 
 
 
 COSTS OF TIIK oriKIAL LIQUIOAT' 'U IN WISDINi; ri'. 
 
 Paid stiimiiinf^ samo .030 
 
 Making t()|»y smiimoiis to k-ave ill ( 'liaiiibcis . .020 
 
 ciipii's for senico, cjich . . . . . .020 
 
 (Si'e i)revinus notice alxmt printing.) 
 
 Sirvico of .><anie upon contributoriis, each . . . .010 
 
 Drawing anil t'ngros.sing aflidavit verifying service of same, folio , 
 at per folio .......... 
 
 Paid commissioner taking deponent's oath .... 
 
 Paid tiling ailidavit 
 
 Making coi)y ailidavit to be marked a.s an office copy, and ])aid for 
 
 oliice copy, folios , at per folio (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 «! 
 
 Attending summons when order made ...... 
 
 Drawing up order and attending to get same .settled, signed, and 
 entered '^ 
 
 Engrossing .«ame, folios , at per folio ' » 
 
 Paid stiimping same " 
 
 copies of the order for .service, at per fidio .... 
 (See above as to printing.) 
 
 Prei>aring and filing u]) notices of the order for payment of a 
 
 call, each ........... 
 
 Sei-vire, each ........... 
 
 Mileage for each mile beyond two, each 
 
 (Purther allowance may be made.) 
 If served by agent — 
 
 Writing to agent instructing him with panic to be .-crved, and after- 
 wards with his chargis . . . . . . . .070 
 
 Paid his charges . 
 
 Attending Mr. , one of the contributories, on his Cidliug and 
 
 .stating that he was not in a jiosition to yay the amount of the 
 call, but offeretl to i)ay £ in full discharge, when we refjucsted 
 him to make an affidavit stating fully his ]>osition, and upon re- 
 ceiving that wc woultl confer with the olficial liipiidator thereon .068 
 
 Paid for cojiy ailidavit (-f , one of the contributories, in suppat 
 
 of proposiil to conijtronu.se, folio.s , at per folio . 
 
 Perusing same, at i>er folio ........ 
 
 If agency, clo.se copy, at jter ftdio ....... 
 
 Attcniling the otlicial li'juidator theieon, and arranging lor him to 
 
 investigate the statements made . . . . . . .008 
 
 Instructions for athdavit of the olficial li«iuidator verifying that lie 
 investigated the debtor's statement.% and that he considered that it 
 would be for the benefit of the creditors to take amount offered . 
 
 Drawing .^ame, folios , at per folio 
 
 Engrossing .same, folios , at per folio ..... 
 
 Attending deponent to be .sworn to same ..... 
 
 Paid commissioner taking deponetit's oath .... 
 
 
 
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 APPENDIX III. 
 
 Making copy affidavit to he marked as an office copy, folios , at 
 
 per folio 
 
 Paid filing affidavit 
 
 Paid for office copy, folios , at per folio ..... 
 
 Preparing summons to approve of proposed compromise with , 
 
 a contributory, and attending at Chambers to get same sealed 
 Paid stamping same .......... 
 
 ]\Iaking copy of same to leave at Chambers 
 
 Instructions for agreement for compromise . . . . . 
 
 Drawing same, at per folio 
 
 Making copy thereof for perusal of contributory 's solicitor, at per 
 folio ............ 
 
 Meriting to the solicitor therewith for his approval .... 
 
 Attending summons, order made, and chief clerk settled draft agree- 
 ment ............ 
 
 Engrossing agreement in duplicate, at per folio each 
 
 Paid stamping same and duplicate ....... 
 
 Attending the official li(|uidator ol)taining his execution thereof 
 AVriting to the contributory's solicitor witli duplicate agreement for 
 executi(jn ........... 
 
 Attending the chit-f clerk, ulitaiuing his approval of the agreement 
 marked in the margin ......... 
 
 AVriting to contributory's solicitor with appointment to complete 
 Drawing order approving of compromise, and attending to get same 
 settled, signed and entered ........ 
 
 Engrossing same, folios , at ])er folio ..... 
 
 Paid stamping same .......... 
 
 Attending a])pointment, exchanging agreements and receiving the 
 
 amount agreed to be ])aid to the official li(piidator 
 AVriting to the official liquidator with cheque for payment of the 
 amount received from the contributory . . . . . . 
 
 (In some cases of comju-omises it has been necessary to obtain 
 an appointment to cross-examine the contributory on his affi- 
 davit, and also make several inquiries as to his means, and 
 coiTespttndence resjjecting same. In such cases further cliarges 
 for same Would Ite allowed, and the contrilnitory in many 
 ca.ses lias not only been ordered to ])ay the amount he pro- 
 posed to compromise but also the costs of the ap]ilicati(in.) 
 Pre]iaring summons for the fiflicial li(juidator to be at libi'i'ty to ] 
 
 a dividend of in the ])ound to creditors 
 
 ]'aid starnjiing same ......... 
 
 [Making coj)y of same; to leave at (.'liambers .... 
 
 Instructions for affidavit of the official li(jui<latoi' in su]i]ioit of sa 
 Drawing same, folio , at ]ier folio ..... 
 
 Engrossing sanie, at ])er folio ....... 
 
 Attending deponent to be swoiii to same . .... 
 
 J'aid commissioner taking deixment's oath .... 
 
 I'aid filing affidavit ......... 
 
 Making co])y of affidavit to Ik: iii.iikcd as an office copy, and ]) 
 
 for office copy, at ]ier folio . 
 Attr;nding summons when order made ..... 
 
 Drawing order, attending to get same settled, signed and entered 
 Engro.ssing same, folios , at ])fr folio ..... 
 
 Paid .stamp .......... 
 
 
 
 
 
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 COSTS or tup: orriciAi. liqi'ipatoi; in winiunm; it. 
 
 rii'iiariii^' summons fi)r taxation <if the (.Hi. ial li<|ui(latoi'V cost.-, 
 
 jtas-sinj,' liia final account, jiaynifnt of linal tli\ idi-nd, ii.v,H«-s»iii;^ 
 
 liis runiuntration to vacate tin- n-ii.i^niziince and Ijond (if any), 
 
 and to linally wind ujt ami to di.-isolvi' liis conijiany 
 
 I'.iiil stamp ........... 
 
 .Making; copy to leave at Clianil»er.< ....... 
 
 Altemiinf^ tliereon -wlien order made ...... 
 
 niawiiiL; Older, attending to ;,'et same .settled, .si;,'neil and enleicd 
 I'.n^'idssiuj^ some, folios , at per folio ...... 
 
 i'aid stamp ........... 
 
 Making' copy order for Ta.xin^' Master, folios , at per foli.i . 
 Diawint,' V)ill of costs and coi)y, folios , and .nummary, foli.is , 
 to^'ether, folics , at per folio ....... 
 
 Warrant on leavin;,' .......... 
 
 Warrant to tax .......... 
 
 Attending,' to lax, for every 25 folio.s or a fractional part . 
 C'ertilicate and transcript ......... 
 
 Attending' to tile, and lor ollicc copy ...... 
 
 Paid i'or oili<e copy .......... 
 
 Attending,' and bespeakin;,' olfice coi>y,reco;^ni/.ance and 1m. nd (if any) 
 and afterwards for .sime ........ 
 
 Paid for otlice cojiy iccognizauce, folios , at per folio 
 
 Paid for oflice copy bond, folio.s , at ju-r folio ..... 
 
 Prej)aring summons f.r the otHcial liipiidator to be at liberty to pay 
 
 a tinal dividend of in the jxnind to creditors 
 
 Paid .stamp ........... 
 
 Making' copy of .same to leave at (,'iiambeis ..... 
 
 Instructions for aflidavit of the ollicial liquidator in .-upport of 
 .simo ............ 
 
 Drawing,' .'same, folios , at per folio ...... 
 
 Enfjrossin^' .'^ime, folios , at per folio ...... 
 
 Attending; deponent to be sworn to i^iime ...... 
 
 Paid commi.-isioner taking' deponent's oatli ..... 
 
 Paid tiliu},' alli.lavit 
 
 Makin},' copy of sjimeto be marked a.-< an ollice copy, and paid mark- 
 
 inj^ oflice cojty, folios , at i>er folio . . . . . . 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 . . . . . (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 . . . . . 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 
 
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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 . . ' 6 8 
 
 Paid stamp . . . 030 
 
 ^Making copy to leave at (Jliambers . . . ... 2 
 
 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 . . . . . . (! 
 
 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 .'j 
 
 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 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 . . U C 
 
 See ob.servatious as to agency on the previous bill. 
 
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 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 13 4
 
 920 APPENDIX III. 
 
 Paid stanii^ing same , . . .030 
 
 ^Making C(jpy to leave at Cliaiubers 2 
 
 Copy and service of same on A. B.'s solicitors 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 13 4 
 
 2. Notice to A. B.'s solicitors that we should attend the adjourned 
 
 summons by counsel, copy and service 4 
 
 Drawing brief for counsel to appear on behalf of the official liqui- 
 dator (exclusive of documents), at per folio 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 
 
 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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 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. 
 
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 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 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 . . . 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 5 
 
 (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 4 
 
 
 
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 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 ." . G 8 
 Perusing agreement accordingly, every lo folios . . . .050 
 
 Fair copy tliereof, per folio ". .' U 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 ". G 8 
 
 AVriting returning agreement, and of your determination, and clerk's 
 
 attendance . . . . . . . . . , . ."> 
 
 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 G 8 
 
 Appointment to exchange and attending exchanging . . . O G 8 
 
 Writing vendor's solicitor that I should attend to examine ab.itiact 3 G 
 Attending comparing abstract with deeds. Self and clerk, e;ich 
 
 l»o"i" 10 
 
 Perusing abstract of title, for every 3 sheets 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 . . "j 
 Perusing replies to retpiisitions, and making ol'servations theivon, 
 
 according to lengtli of requisitions 
 
 Attending Mr. to advise on sutiicieni y thereof . . G 8 
 
 Paid his fee and clerk ......... 
 
 Instructions for conveyance . . . G 8 
 Drawing same, per folio o 1 
 
 {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 6 8 
 
 ()
 
 9^4 APPENDIX HI. 
 
 £ !. d. 
 
 Ingrossing conveyance, per folio 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 13 4 
 
 Paid search 020 
 
 Attending completion 13 4 
 
 Letters, messengers, &c 5 
 
 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 10 
 
 Attending with same and bespeaking insertion . . . . " " 
 
 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. 5 
 
 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 . 
 
 6 8 
 
 6 
 
 5 
 
 
 
 6 
 
 8 
 
 
 
 1 
 
 •1 
 
 
 
 6 
 
 8 
 
 
 
 6 
 
 8 
 
 
 
 6 
 
 8 
 
 
 
 1 
 
 4 
 
 
 
 5 
 
 
 
 
 
 13 
 
 4 
 
 
 
 15 
 
 
 
 
 
 6 
 
 8
 
 
 
 3 
 
 r, 
 
 
 
 10 
 
 
 
 
 
 13 
 
 4 
 
 
 
 1 
 
 
 
 
 
 
 
 K 
 
 
 
 5 
 
 
 
 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 6 8 
 
 Paid his fee and clerk 24G 
 
 14 
 
 :. 
 
 (5 8 
 
 3 G 
 3 6 
 
 
 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) . 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 
 
 6 8 
 
 1 n 8 
 
 
 
 6 8 
 
 
 
 .-. 
 
 
 
 n 8 
 
 :>
 
 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. 
 
 6 
 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. 
 
 
 
 
 
 1 
 
 
 
 
 
 
 
 
 
 8 
 
 
 
 
 
 5 
 
 
 
 
 
 
 
 6 
 
 8 
 
 
 
 
 
 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 
 
 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, 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 
 
 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.
 
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