Page images
PDF
EPUB

The balance of the plaintiffs' claim having been paid to them, and the summons being dismissed,-Held, that the plaintiffs were entitled to their costs. (14 S. J. 298.)

In a case in which the creditor paid the debt before the hearing of the summons the Court held that it had no jurisdiction to give the creditor the costs of the summons as the matter was not within Rule 186. (Re a Debtor's Summons, June 16th, 1870.)

A creditor filed his affidavit of debt for a trader debtor's summons, under the Act of 1849. In an action for the debt, he recovered less than the amount sworn to on the affidavit. The Court, on being satisfied of the absence of reasonable and probable cause for his swearing to that amount, ordered him to pay the costs of the summons. (Falconar v. M'Kenzie, L. R. 2 Ex. 248.)

The plaintiff filed an affidavit in the Court of Bankruptcy, in which he swore that the defendant was indebted to him in a sum amounting to nearly 2001. for work and labour and money paid. On the trial the plaintiff recovered only 100%. It was held that the defendant was entitled to costs under the 86th section of the Act, 1849, there having been no reasonable nor probable cause for swearing to that as a debt which as to part at least was only a claim for unliquidated damages. (Pratt v. Goswell, 9 C. B. N. S. 711.)

If the plaintiff recover judgment in an action for debt and costs, and the defendant pay such debt and costs before the day upon which a trader-debtor summons sued out against him before trial of the action in respect of the same debt is returnable, the Court will not give the plaintiff his costs of the proceedings in bankruptcy. (Ex p. Purdue, 32 L. T. Rep. 246.) So also where an action at law and proceedings under a trader-debtor summons were both commenced on the same day in respect of the same debt, and the debtor paid the debt and costs in the action before the summons was returnable, the Court refused the plaintiff his costs on the ground of oppression. (Re a Trader-Debtor Summons, 31 L. T. R. 381.)

A creditor should allow his debtor a reasonable time within which to pay the demand; where this was not done, but the creditor served his debtor with a writ in an action at law and with particulars of demand and a trader-debtor summons all on the same day, and the debt was paid immediately, without

COSTS.

waiting the return of the summons, the Court allowed the creditor his costs of the particulars of demand and affidavit of debt, but refused him the costs of the summons for want of a reasonable time within which the debtor might have paid the demand. (Re a Trader-Debtor Summons, 30 L. T. R. 173.) Action commenced under the Bills of Exchange Act, on the 18th May; particulars of demand served on the 21st; summons served on the 24th returnable on the 30th; defendant paid debt and costs in the action on the 28th. Held, that the plaintiff was entitled to his costs of the proceedings in bankruptcy. (Ex p. Brown, 33 L. T. R. 245; Covington v. Hogarth, 9 Jur. 88; and see Ex p. Baily, 6 L. T. R. N. S. 443.)

475

THE BANKRUPTCY ACT, 1869.

SCALE OF ATTORNEY'S COSTS IN BANKRUPTCY.

Petitioning Creditor's Bill of Costs to the Appointment of

Trustee.

Instruction for petition

Examining witnesses as to trading, where neces

sary

Ditto as to act of bankruptcy

Examining particulars of petitioning creditor's

[merged small][merged small][merged small][merged small][merged small][merged small][merged small][ocr errors]

Drawing bankruptcy petition, including order for
hearing.

If exceeding 10 folios, a shilling a folio.
Ingrossing same, 4d. per folio only to be allowed
where the petition exceeds seven folios.
Paid for stamp and parchment

Attesting signature of each petitioner, except in
case of partnership

[merged small][merged small][ocr errors]

0 10 0

0 10 0

. 0 6 8

[ocr errors]

078

[ocr errors]

0 10 0

5 1 0

.0 6 8

£ s. d.

Drawing and fair copy affidavit verifying petition. 0 3 4 Attending petitioner to be sworn

Paid oath (if paid)

Two copies of petition for sealing, 4d. per
folio.

Preparing subpoena and serving witnesses, or ar-
ranging with witnesses for their attendance on
presentation of petition

Paid them.

See Witnesses' Scale. Petitioning creditor is not to be regarded as a witness, and is not to be paid for loss of time; he may claim his expenses of travelling and subsistence. Attending on presentation of petition when Court

068

0 13 4

investigated statements therein, and clerk.. 1 0 0
One fee only for attending will be allowed,
unless by direction of the Court at the time,
and a memorandum of its allowance pro-
duced to the taxing officer.

Drawing order for hearing of petition
Service of petition (see General Rules).
Attending Court on hearing (where debtor does not
appear or dispute), including two fair copies of
adjudication and certificate of registrar's appoint-
ment of trustee.

[ocr errors]

Drawing order for bankrupt's attendance at first meeting, and copy for service and attending and obtaining signature

Attending first meeting and clerk

[ocr errors]
[ocr errors]

. 0 3 4

100

[ocr errors]

068 1 5 0

Where Act of Bankruptcy the filing a Declaration of Inability

[merged small][merged small][merged small][merged small][merged small][ocr errors][merged small][ocr errors][merged small][ocr errors][merged small][merged small]

Where Act of Bankruptcy is an Assignment for Benefit of

Creditors (to be allowed only by Special Order of the Court).

Instructions for assignment

068

[merged small][ocr errors][merged small][merged small][merged small][merged small][merged small][merged small][ocr errors][merged small][ocr errors][merged small]

Cost of Debtor's Summons.

Instructions for affidavit of debt, and for debtor's

[merged small][ocr errors][ocr errors]

Affidavit of debt, and for copy

Particulars of demand (three copies) at 4d. per

[merged small][merged small][merged small][merged small][merged small][ocr errors]

Summons and two fair copies and particulars

Attending sealing summons, copies and particulars

Paid stamp

[ocr errors]

Service of summons

.

0 6 8 068

0 68

068

068

0 6 8

0 5 0

[ocr errors]
[merged small][ocr errors]

Attending Court on hearing of summons

0 13 4

Costs where the Debtor is required by the Court to enter into

a Bond.

Attending making inquiries as to sufficiency of

sureties.

. . 0 13 4

This charge will be subject to increase, ac-
cording to the distance of the sureties' resi-
dence; and, where necessary, agency charges
for making such inquiries.

Drawing exceptions to sureties

Service thereof on debtor's attorney.

Attending Court when sureties allowed or dis-
allowed

Costs of affidavits in opposition to the allow-
ance of the bond for want of sufficiency of
sureties, the same allowance as for other
special affidavits.

[ocr errors][merged small][merged small][merged small]
« PreviousContinue »