PAUPERS

Are those persons who, by reason of their poverty, are unable or incapable of asserting or defending their rights, and are therefore admitted to sue or defend in forma pauperis.

The circumstance which qualifies a party for this privilege is his not being worth £5 besides the matter in dispute.

The privilege consists in being exempted from fees and expenses in the suit; generally speaking, the Orders of Court, directing that after a party's admittance, no fee, profit, or reward, (except pauper fees,) is to be taken of the pauper by any counsel or attorney for the dispatch of business whilst it depends in Court and he continues in forma pauperis, nor shall any contract or agreement be made for Beames' any recompence or reward afterwards. Orders, chap. 507.

The admission is obtained by the party first making an affidavit before a Master, that he is not worth, in all the world, the sum of £5, his just debts being first paid, and his wearing apparel and the matters in question only excepted; after which affidavit a petition to the Master of the Rolls is to be presented, praying to be admitted in forma pauperis, and to have a counsel and Six Clerk assigned him, naming them. When the plaintiff petitions, he must, at the bottom of his petition, have a certificate under the counsel's hand, signifying that he has just cause of suit; and, although the bill be filed, he must have a special petition, shortly stating the merits of his cause and counsel's certificate, to be admitted.

(See further, 1 Grant)

SOLICITORS.

The Court, on motion or petition, will order a solicitor's bill to be taxed by the Master. An agency bill may be taxed. The solicitor is liable to an attachment for not delivering his client's writings under an Order, upon payment or tender of what is taxed. (Harr. 392.) The Master will tax conveyancing charges, if included in the bill referred.(Ibid.) But he will not tax proceedings at common law, or in the Exchequer; he will send them to those officers for taxation. If the solicitor's debtor do not pay the amount at which the bill is taxed, he is liable to an attachment. If the bill, as taxed, be less by a sixth part than the bill delivered, the solicitor pays the costs of taxation; otherwise, the costs are in the discretion of the Court. A

party wishing to get his papers, and change his solicitor, may move, as of course, for the solicitor to deliver his bill with the usual directions. The Order must be served personally.

(See further as to compelling delivery, &c. 1 Grant.)

COSTS.

Sometimes the Court, in pronouncing the Decree, at the hearing of the cause will decide the question of costs; but generally, when reference is made to a Master, the costs are reserved to come in for consideration with the further directions. Costs in equity are generally in the discretion of the Court; but there are certain rules which have been laid down in questions of this nature which are adhered to, and by many of the late Orders other regulations with respect to them are prescribed, some of which are here stated.

By Order 4, April 3d, 1828, "Where a third answer is reported insufficient, the defendant shall pay, in addition to the £4 costs heretofore paid, such further costs as the Court shall award."

By Order 18, " Publication is to be enlarged at the costs of the party applying, unless otherwise ordered."

By Order 27, "When the same solicitor is employed for two or more parties, and separate answers shall have been filed, or other proceedings had separately, the Master, on taxation, shall consider whether such separate answer or proceedings were necessary."

By Order 28, "Where a plaintiff obtains a Decree with costs, there the costs occasioned to the plaintiff by the insufficiency of the answer of any defendant, shall be deemed to be part of the plaintiff's costs in the cause, such sum or sums being deducted therefrom as were paid by defendant, according to the course of the Court, upon the exceptions to the answer being submitted to or allowed."

By Order 29," Where the plaintiff is directed to pay to the defendant the costs of the suit, there the costs occasioned to a defendant by any amendment of the bill shall be deemed to be part of such defendant's costs in the cause, (except as to any amendment which may have been made by special leave of

the Court, or which shall appear to have been rendered necessary by the default of such defendant), but there shall be deducted from such costs any sum or sums which may have been paid by the plaintiff, according to the course of the Court, at the time of any amendment."

By Order 30,"When upon taxation a plaintiff, who has obtained a decree with costs, is not allowed the costs of any amendment of the bill upon the ground of its having been unneccessarily made, the costs occasioned by such amendment shall be taxed, and the amount thereof deducted from the costs to be paid by the defendant to the plaintiff."

By Order 31, "Upon the allowance of any plea or demurrer, the plaintiff or plaintiffs shall pay to the defendant or defendants the taxed costs thereof, and when such plea or demurrer is to the whole bill then the further taxed costs of the suit also; unless in the case of a plea, the plaintiff or plaintiffs shall undertake to reply thereto, and then the costs shall be reserved, or unless the Court shall think fit to make other Order to the contrary."

By Order 32," Upon the overruling of any plea or demurrer the defendant or defendants shall pay to the plaintiff or plaintiffs the taxed costs occasioned thereby, unless the Court shall make other Order to the contrary."

By Order 34, "When a cause which stands for hearing is called on to be heard, but cannot be decided by reason of a want of parties, or other defect on the part of the plaintiff, and is therefore struck out of the paper; if the same cause is again set down, the defendant or defendants shall be allowed the taxed costs occasioned by the first setting down, although he or they do not obtain the costs of the suit."

By Order 35," Where a cause being in the paper for hearing is ordered to be adjourned upon payment of costs of the day, there the party to pay the same, whether before the Lord Chancellor, the Master of the Rolls, or the Vice Chancellor, shall pay the sum

of 107., unless the Court shall make other Order to the contrary."

By Order 36, "Whenever, upon the hearing of any cause or other matter, it shall appear that the same cannot proceed by reason of the solicitor for any party having neglected to attend personally, or by some proper person on his behalf, or having omitted to deliver any paper necessary for the use of the Court, and which, according to its practice, ought to have been delivered, such solicitor shall personally pay to all or any of the parties such costs as the Court shall think fit to award."

By Order 39, "Where any cause shall become abated or be compromised after the same is set down to be heard in either of the said two Courts, the solicitor certifying the fact to the Registrar shall be allowed the fee of 6s. 8d., if he shall so certify, as soon as the same shall come to his knowledge.'

By Order 40, "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, is increased from 407. to 100%."

By Order 41, "The deposit upon the exceptions to a Master's Report shall be increased to 10l., to be paid to the adverse party, if the exceptions are overruled, in which case the exceptant shall also pay the further taxed costs occasioned by such exceptions, unless the Court shall otherwise order; but in case the exceptant shall in part succeed, the deposit shall be dealt with and costs shall be paid as the Court shall direct."

And by Order 42, "The deposit upon every petition of appeal or rehearing is increased to 201., to be paid to the adverse party when the Decree or Order appealed from is not varied in any material point, together with the further taxed costs occasioned by the appeal or rehearing, unless the Court shall otherwise order."