he is satisfied that the debtor has since the judgment had the means of payment (O. 50, r. 13). In Actions tried by Consent, under sec. 23 of the C. C. Act, 1856, to be taxed on the higher scale B, unless otherwise ordered (O. 50, r. 14). For recovery of Tenements and Actions of Replevin.-Where Court fees are paid on £5 or upwards, costs are to be allowed on the higher scale, applicable to actions where the amount claimed excceds £20, if so ordered (O. 50, r. 19). In Counter-claims.-If not established, the counter-claimant may be ordered to pay plaintiff's costs on either of the scales, as the Judge may think just; and where it is established, plaintiff may be ordered to pay counter-claimant the like costs (O. 50, r. 22). Costs of a Party in a fiduciary or representative Character, when necessarily incurred beyond scale charges, may be allowed by the Judge out of a fund in Court applicable to the purpose (O. 50, r. 27). Claim exceeding £20 and a less Sum recovered.-The Judge may allow costs under scale B applicable to actions between £20 and £100. If defendant succeeds, costs are to be taxed under the scale applicable to the amount claimed unless otherwise ordered (O. 50, r. 20). Perpetual Injunctions. Whether granted or refused, the Judge may direct under which scale the costs are to be taxed (foot-note to higher scale). Interpleader Proceedings.-The "subject-matter" mentioned at the head of the scales A, B, and C means: (1.) In the case of a claimant, the value of the goods his claim to which is allowed plus the amount of the damages (if any) adjudged; (2.) In the case of an execution creditor, the value of the goods seized plus the amount of the damage claimed, and (3) in the case of a high bailiff, the amount of the damages claimed-foot-note to higher scale). Actions by and against Executors or Administrators.-If a plaintiff executor or administrator fail, he is to pay defendant's costs, which are to be levied de bonis propriis, unless otherwise ordered (O. 30, r. 1). And if a defendant, executor, or administrator fail in any of his defences he is to pay plaintiff's costs of disproving same, to be levied de bonis testatoris si, &c., et si non de bonis propriis (O. 30, r. 12) Conveyancing Charges, where real property is directed to be sold, are to be allowed (O. 50, r. 29). Counsel's Fees, unless ordered by the Judge, are not to be allowed on the hearing of a motion or application, nor upon a reference (O. 50, r. 23), nor on a conference (r. 24). Disallowances of Solicitor's Costs occur in the following cases :— 1. For entering plaint when he omits to sign particulars of claim (O. 6, r. 10). 2. Costs of affidavits not prepared in conformity with rules 1, 2, 3, and 4 of Order 19. 3. Costs of an application which might have been included in a general application for directions (O. 15, r. 4). 4. No fee for perusals when the solicitor is acting for both parties (O. 50, r. 25). 5. Nor for any notice or inspection of documents unless the registrar is satisfied there were sufficient reasons for same (O. 50, r. 28). 6. Nor for instructions for special affidavits unless the facts had not become known to the solicitor or his clerks in the course of the business (0 50, r. 30). 7. Of more than one attendance at registrar's office unless registrar is satisfied that each attendance was necessary (O. 50, r. 31). 8. No costs to be allowed which do not appear to the registrar to have been necessary or proper for the attainment of justice, or defending the rights of the party, or have been incurred through over-caution, negligence, or mistake, or merely at the desire of a party (O 50, r. 32). Discretionary Fees or Allowances are to be allowed at the discretion of the registrar, who is to take into consideration, (a) the other fees and allowances to the solicitor and counsel, (b) the nature and importance of the action or matter, the amount involved, the interest of the parties, the fund or persons to bear the costs, the general costs and conduct of the proceedings, and all other circumstances (O. 50, r. 33). Costs when several Claims are united in one Action. It being now open to a plaintiff to unite several claims in the same action, except in actions for recovery of land and by trustees in bankruptcy (O. 4, rr. 1, 2, and 3): the question of how the costs are to be borne is of some importance where the plaintiff fails in one or more of his claims. By sec. 88 of the C. C. Act, 1846, the costs "are to be paid by or apportioned between the parties in such manner as the Judge shall think fit, and in default of any special direction are to abide the event of the action," and r. 10 of O. 22 provides that the Judge is to make such order as to costs as he shall think fit. It is respectfully suggested that where several claims are joined in one action, and the plaintiff fails as to one or more of them, he should only recover his costs on the claims in which he succeeds; but each claim, if of an altogether different character from the other or others, should be regarded as a distinct action, except as to such items as are common to all, such as fees for services of summons, notices to produce and admit, demand of jury, interrogatories, or discovery of documents applicable to two or more of the claims, costs of taxation, &c. The plaintiff should also recover Court fees on the aggregate amount of his successful claims; a defendant succeeding on the other claims, should be allowed his costs relating to them as if they were separate actions, except such items as are common to all. This apportionment would appear to be in consonance with the spirit of the section above referred to that the costs shall abide the result, and with the admirable maxim victus victori in expensis condemnatus est. In some cases there may of course be exceptional circumstances justifying a departure from this method of apportioning costs. Witnesses.-Their costs are to be allowed whether examined or summoned or not, unless otherwise ordered (O 50, r. 16). Where the costs are to be taxed on the higher scales B and C (over £20), the Judge may order allowances to scientific witnesses for qualifying to give evidence, and for attending trial, such sums as the registrar may think fit on taxation, not exceeding the maximum allowances in the official Appendix. And in the like cases the Judge may order that the expense of preparing and proving plans, drawings, models, &c., be allowed in accordance with such scale (O. 50, r. 18). It is to be observed that the scales of costs do not include costs in proceedings under the jurisdiction with regard to the winding up of Joint Stock Companies; specific performance of contracts; partition suits; suits for the dissolution and winding up of partnerships; foreclosure and redemption of mortgages; Trustees Relief and Trustees Acts; contentious proceedings under the Court or Probate Acts; maintenance and advancement of infants; Coal Mines Regulation Act; Explosives Act; The Ballot Act, and other proceedings under special Acts, and inasmuch as the rule-making Judges have framed no scales applicable to such cases, the costs will be taxed on scales used in the High Court, if any, and if none, reasonable costs will be allowed for everything necessarily done by solicitors. It may be useful to direct attention to a singular inconsistency with regard to costs in actions of contract transferred from the High Court, under sec. 7 of the C. C. Act, 1867. The latter part of the section provides that the costs of the proceedings in the High Court, before the transfer, shall be allowed according to the scale in use in that Court; but this enactment is impliedly repealed by r. 12 of S. C. O. 65, if not also by C. C. O. 50, r. 7. By the former a plaintiff recovering a sum (exclusive of costs) not exceeding £50, is entitled to no more costs than he would have been entitled to if he had brought his action in a County Court, unless the Court (i.e. the High Court) or a Judge (thereof) otherwise orders. When a High Court action for not exceeding £50 on contract has been transferred to a County Court, it becomes a County Court action and continues so for all purposes, and the High Court has no jurisdiction over it so as to make an order to tax costs (Moody v. Steward, L. R. 6 Ex. 35; 40 L. J Ex. 25; 23 L. T. 465; 9 W. R. 161). It follows therefore that a successful plaintiff cannot apply to the High Court or to a Judge of it for an order giving him the costs, on the High Court scale, of the action previous to its transfer; but such a plaintiff may do so if the action has been remitted to the County Court for trial only, under sec. 26 of the County Courts Act, 1856, because after trial the action returns to the High Court and judgment is entered up therein. It would also seem that if rule 7 of C. C. Order 50, is a valid rule a plaintiff in an action transferred under sec. 7 of C. C. Act, 1867, is absolutely deprived of his costs in the High Court, inasmuch as it is not possible for him to recover more than £50 exclusive of costs, because a transfer can only take place when the debt claimed does not exceed_£50. The author avails himself of this opportunity of referring to the inadequacy of the costs allowed to solicitors in actions on the lower scale (between £2 and £10). Notwithstanding the absolute and frequent necessity for interlocutory proceedings, e.g. applications for substituted service of a default summons, interrogatories, discovery and inspection of documents, notices of special defence, demand of a jury, notices to produce and to admit documents, issue and service of summonses to witnesses, correspondence with and attendances on the solicitor for the other party, &c., no fee whatever is allowed for the same; nor is any fee allowed to a plaintiff's solicitor for the affidavit of service of a default summons, nor to a defendant's solicitor when plaintiff discontinues before trial, and to neither party for a taxation of costs, and except in special cases, provided for by sec. 5 of the C. C. Act, 1882, the practitioner has to content himself, even as between himself and his own client, with the almost nominal fees allowed on the issue and service of a summons, and for attending Court on the hearing, although the action may involve several claims of an altogether distinctly different nature, each of which would involve the trouble of a separate action; the highest fee of 108. upon an application for a new trial being assumed to be a sufficient remuneration for preparing and serving notice of application, affidavits in support or in opposition, fees paid to the commissioner for taking them, copies for the other side, looking up and considering decisions, and propably an attendance of several hours on the hearing, including, it may be, a journey of several miles to the Court. Actions between £5 and £10 not unfrequently involve much trouble and difficulty, and necessitate the personal attention of the solicitor. It would almost seem that the framer of the scales of costs had determined to discourage the employment of solicitors in actions not exceeding £10, in disregard of the fact that it is practically impossible for a non-professional suitor to carry out the rules for regulating the procedure. It is therefore reasonable to express a hope that in awarding costs, the Judges will remedy the injustice done to solicitors by giving effect to item 7 of the lower scale, which enables them to allow a fee of £1 66 as costs for preparing for and attending trial." Practitioners should never omit to apply for this allowance in every contested case; and a generously disposed Judge would readily comply with the condition requiring the reason for the increased fee, by simply stating that in his opinion the allowance was a just one under the circumstances of the case. With regard to actions between £10 and £20 (higher scale A), it will be seen that no allowances are made for many interlocutory proceedings. The higher scale B (for actions between £20 and £100) ought in fairness to practitioners to be divided into two sub-scales, one for actions up to £50, to which the present items might be applicable, a higher rate of remuneration being allowed in actions between £50 and £100. The author also ventures to call attention to the allowance made to a plaintiff who happens to be a witness. Under the scale he receives his actual travelling expenses only, whatever his position may be, so that a solicitor suing a dishonourable client for law charges may be compelled to attend a Court at a distance of 10 miles, and although detained from his business the greater part of the day, is to be remunerated by an allowance of 58. only, at the utmost, for his travelling expenses. The same result would take place if the plaintiff happened to be a surgeon, merchant, or manufacturer, and it is difficult to understand the principle which led to such a regulation. A debtor who compels his creditor to sue him ought to bear every necessary and reasonable expense incurred in enforcing payment of a just demand, but the rule-framing Judges appear to think such a creditor should bear part of the expense himself, besides submitting to the inconvenience involved in having to prove the debt by his own evidence. The author therefore respectfully urges the rule-making Judges to put a plaintiff on the same footing as an ordinary witness. The regulation might not be an unreasonable one in the case of a plaintiff who has a number of small cases which are all heard on the same day, e.g. travelling drapers (or tallymen as they are commonly called) and other peripatetic tradesmen. Taxation of Costs. Tables of Court fees, solicitor's costs, and allowances to witnesses, with precedents of bills of costs and affidavits of increase (where the costs have to be taxed in the High Court), will be found in the Appendix. 1. Certificate by Solicitor of Attendance of Witnesses. I certify that all the above-named persons were personally present in Court at the trial of the above-mentioned cause, and were material and necessary witnesses for the plaintiff [or defendant]. Date of hearing, 18-. " Solicitor for plaintiff [or defendant]. 2. Affidavit to obtain Allowances for Witnesses living at a Distance. I, J. B., of solicitor in this action for the plaintiff [or defendant] make oath and say: |