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 Drawing bankruptcy petition, including order for If exceeding 10 folios, a shilling a folio. Attesting signature of each petitioner, except in 0 10 0 0 10 0 . 0 6 8 078 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 Preparing subpoena and serving witnesses, or ar- 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 Drawing order for hearing of petition Drawing order for bankrupt's attendance at first meeting, and copy for service and attending and obtaining signature Attending first meeting and clerk . 0 3 4 100 068 1 5 0 Where Act of Bankruptcy the filing a Declaration of Inability 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 Cost of Debtor's Summons. Instructions for affidavit of debt, and for debtor's Affidavit of debt, and for copy Particulars of demand (three copies) at 4d. per Summons and two fair copies and particulars Attending sealing summons, copies and particulars Paid stamp Service of summons . 0 6 8 068 0 68 068 068 0 6 8 0 5 0 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- Drawing exceptions to sureties Service thereof on debtor's attorney. Attending Court when sureties allowed or dis- Costs of affidavits in opposition to the allow- |