16. Costs specially reserved.

THE Court specially reserves the question how and by whom the costs of this action are to be borne.-Clough v. Reddish, Chitty, J., 31 July, 1882.

17. Taxation of Costs except so far as occasioned by particular Claim.

TAX the costs of the Plt of this action except so far as such costs have been occasioned by the Plt setting up a claim to the whole of the debt in the pleadings mentioned.-Hardy v. Hull, 17 Beav. 355; Begbie v. Fenwick, 27 July, 1868, A. 2681, S. C. 6 Ch. 869.

This order involves an apportionment of general charges: v. inf. p. 226. The Deft's costs occasioned by such claim had been given him at the hearing, so that no taxation and set-off of his costs was required.

18. Taxation of Deft's Costs of Action with Set-Off of Part, caused by Deft's wrongful Claim, including Costs of Co-Defts, Husband and Wife, in Redemption Action.

TAX the costs of the Deft P. (mortgagee) of this action, except so far as the same relates to the claim made by him in respect of the sum of £-charged by the deeds dated &c.; Tax the costs of the Defts W. and wife of this action; And Let the Plt O. pay unto the Deft W. the costs of the said Deft W., and of his said wife when so taxed; and the taxing master is to inquire and certify how much of such costs of the Deft W. and wife (if any) have been occasioned by the Deft P.'s said claim in respect of the said sum of £—, and he is also to tax the Plt his costs of this action so far as the same have been occasioned by the said claim of the Deft P. in respect of the said sum; And Let such costs of the Plt when so taxed, together with what he shall have paid to the Deft W. for the costs of the said Deft W. and of his said wife (if any) occasioned by the said claim of the Deft P. in respect of the said sum of £- be set off against the said costs of the Deft P. when taxed; and the taxing master is to certify to whom after such set-off the balance is due; And Let the party from whom such balance shall be certified to be due pay the amount thereof to the other party.-Orange v. Pickford, V.-C. K., 6 June, 1860, B. 1526.

And for direction to distinguish and set off part of costs of suit, see Burrows v. Walls, 5 D. M. & G. 256; Wheaton v. Graham, 24 Beav. 483.

An order in this form involves an apportionment of the costs of every general proceeding in the suit: v. inf. p. 226.

19. Taxation of Costs, except so far as increased by particular Claim.

TAX the costs of the Plt (Deft) of this action, except so far as such costs have been increased by the Plt's claim to, &c. [or Deft setting up &c., or claiming &c.]; Tax the costs of Plt (Deft) of this action so far only as the same have been increased by the said claim [or by the Deft

setting up &c., or claiming &c.]. Directions for set-off and payment. of balance.

An order in this form does not involve an apportionment of the costs of the general proceedings: v. inf. p. 226.

For order in favour of one of two Plts with costs, and dismissing the bill as to the other with costs, so far as occasioned by his being a Plt, see Umfreville v. Johnson, 10 Ch. 581.

20. Costs up to a particular Time.

LET the Plt A. pay to the Deft B. his costs of this action up to and including this hearing [or the trial of this action, or the day of (when the Deft offered by &c., in writing, to pay the amount sought to be recovered by Plt &c.)], such costs to be taxed &c.

Where costs are given up to a particular date they will include costs of briefs, affidavits, &c., actually and properly incurred previous to that date, although the application in support of which they were prepared was not heard until after: and see Webster v. Manby, 4 Ch. 372.

21. Where Action defective, and Leave to amend given at Trial.

THIS action coming on for trial &c., Leave to amend writ and statement of claim; And Let the Plt pay to the Deft his costs of his action so far as they may have been thrown away by reason of the said amendments.-Wethered v. Cox, Kay, J., 6 Dec. 1888, B.

1598.

22. Costs to be paid by Plt and Deft respectively from and to a

particular Time-Set-off.

TAX the costs of the Plt G. of the first-mentioned action up to the day of —, the date of the letter from the solr for the Plt in the second-mentioned action, in his said affidavit referred to; And tax the costs of the Deft L. incurred in the first-mentioned action since the day of —, and also his costs of this application; And the taxing master is to set off such costs of the Plt G. and of the Deft L. respectively, when so taxed, and certify to whom after such set-off the balance is due; And Let the party from whom such balance shall be certified to be due pay the amount thereof to the other party.-Gresham v. Luke, V.-C. S., 26 March, 1860, A. 647.

23. Costs taxed and set off against Sum due.

TAX the Plt his costs of this action &c.; And Let such costs when taxed be set off against the sum of £-, due from the Plt to the Deft under the agreement dated &c., with interest &c. ; And the taxing master is to certify to whom, after setting off the said costs when so taxed against the said sum of £-, and interest &c., the balance is due; And Let the party from whom the balance shall be certified to be due, within one month after the date of the taxing master's certificate, pay

the amount thereof to the other party.-Liberty to apply. See Radley v. Ingram, V.-C. S., 3 March, 1860, B. 716.

24. Taxation of Exor's Costs between Party and Party, and also between Solr and Client-Payment of Party and Party Costs by Plt and Balance out of Funds in hand.

TAX the costs of the Deft of this action as between party and party, and also as between solr and client, including in such lastmentioned costs any charges and expenses properly incurred by the Deft in the admon of the estate of G., the testatrix &c., not being costs of action, and not already taxed or allowed. And Let H., the next friend of the infant Plts, pay to the Deft &c., what shall be certified as his said costs as between party and party. And Let the Deft be at liberty to retain and pay out of the funds in his hands, or which may hereafter come into his hands, as the exor of the will of the said testatrix, so much of the said costs as between party and party as he shall not recover and actually receive from the said H., and also what shall be certified to be the amount of the difference between the said costs as taxed between party and party, and as taxed between solr and client.-See Re Garmeson, Garmeson v. Sharrod, V.-C. M. at Chambers, 7 June, 1872, A. 1451.

For order when the costs are to be paid out of fund in Court, see Chap. XVI., "LODGMENT AND PAYMENT OF FUNDS."

25. Taxing Master to look into Affidavits, and if improper or of unnecessary length, to distinguish and set off Costs.-O. LXV. 27 (20).

LET the costs of the Plts of this action be taxed by the taxing master (including the costs of the Plts' motion made unto this Court on the - day of ―); And in taxing such costs the taxing master is to look into the affidavits filed in this cause on behalf of the Plts, and disallow the costs thereof or of such part thereof as he shall find to be improper, unnecessary, or vexatious (or to contain unnecessary matter, or to be of unnecessary length, or caused by misconduct or negli gence), and to ascertain the costs (if any) occasioned to the Deft thereby as may be so disallowed; And Let such last-mentioned costs be deducted from the Plts' said costs; And Let the balance be certified. Directions for payment, or, if necessary, directions for set-off and payment. And see Cracknall v. Janson, Fry, J., 27 June, 1878, A. 1315; 11 Ch. D. 1, 14.

26. Reference to Tax under O. LXV. 11.

THIS cause coming on for further consideration &c. in the presence of counsel for &c., Let it be referred to the taxing master to tax the costs of the Plt and the Deft, und of parties having liberty to attend the hearing under the order, dated &c., and of all other parties

properly attending the proceedings up to the date of the classification order, dated &c.; and after that date of those parties only attending the proceedings who were not excluded or classified out by the said classification order &c., and in such taxation the taxing master is, under 0. LXV. 11, to inquire whether any costs have been improperly or without any reasonable cause incurred, and as to the cause of delay in the proceedings in this cause between the years 1873 and 1884, and to make such disallowance as he may think fit for costs (if any) which have been so improperly or without any reasonable cause incurred, or which have been occasioned by the improper delay (if any), and to call on the solrs engaged in this action to show cause why such disallowance should not be made.-Furness v. Davis, Kay, J., 19 January, 1885, A. 615.

27. Costs of Affidavits to be disallowed.

DIRECTION to tax, and the Defts are to be allowed no costs of the following affidavits, that is to say, an affidavit of &c.

28. Costs of Affidavits to be allowed although not read as Evidence. ORDER by consent, no evidence being read; "And let the Deft B. pay to the Plt A. the costs of this application, including therein the costs of the affidavits mentioned in the schedule hereto."

29. Costs in any event.

AND the Plts' (Defts') costs of this application are to be borne by the Defts (Plts) in any event.

SECTION II.-TAXATION OF COSTS AND PAYMENT OUT OF
FUNDS IN COURT.

1. Taxation of Costs and Payment to Solr.

REFER it to the taxing master to tax the costs of the Plt and the Defts [or all parties] of this action, or application, or Let the costs of the Plt and Defts of this &c. be taxed by the taxing master [If ordered, as between solr and client, or if ordered as to exor or trustee only, the costs of the Deft B., the exor or trustee of &c., as between solr and client]; And Let the fund in Court be dealt with as directed by the schedule hereto. [Add Payment Schedule, Form No. 32.]

The amount raised includes the fees of taxation.

Where the costs are payable out of a fund in Court, they are paid to the solrs of the parties, but in other cases they are always ordered to be paid to the parties themselves.

2. Taxation of Costs of Application-Payment out of Cash. TAX the costs of the Petr (Applicant) and of &c. of this application [If so ordered, and relating thereto, and consequent thereon, If so, as

between solr and client]; And Let the fund in Court be dealt with as directed in the schedule hereto. [Add Payment Schedule, Form No. 32.]

3. Fund deficient-Apportionment.

DIRECTION to tax costs; And Let the fund in Court be dealt with as directed by the schedule hereto, and in case the said fund shall be insufficient to pay such costs when taxed in full, the taxing master is to apportion the same rateably among the said parties in proportion to the respective amounts of their said costs when taxed. [Add Payment Schedule, Form No. 32.]

For direction for the apportionment of costs between pure and impure personal estate and real estate, v. inf. Chap. XLII. "CHARITIES."

For direction to apportion costs between two estates, v. inf. Chap. XLIV.. "ADMINISTRATION."

4. Order to tax and include Costs in Certificate under former Order.

TAX the costs of the Plt of the application of the day of, and the costs of all parties of this application [If so, and relating thereto, and consequent thereon] respectively [as between solr and client]; And the taxing master is to include the amount of such costs in his certificate to be made in pursuance of the order dated, &c.; And Let the fund in Court be dealt with as directed in the schedule hereto. [Add Payment Schedule, Form No. 32.]

5. Taxation as between Party and Party, and as between Solr

and Client, and Payment.

TAX the costs of the Plt of &c., as between party and party, and also as between solr and client, and certify the difference; And Let the Deft B., out of the testator's residuary personal estate, pay to the Plt A. what shall be certified to be the amount of his said costs as between party and party; And Let out of the £- cash in Court &c., what shall be certified to be the amount of the difference between the Plt's costs, as taxed between party and party and as taxed between solr and client, be paid as directed in the schedule hereto. [Add Payment Schedule, Form No. 32.]

For direction to pay costs out of dividends on fund in Court, v. sup. p. 188.

6. Costs to be apportioned between two Funds.

DIRECTION to tax costs; And the taxing master is to apportion the said costs, when taxed, between the £500 cash in Court to the credit of &c., "Personal estate account," and the £3,000 cash in Court to the credit of &c., "Real estate account," in proportion to the respective amounts thereof; And Let so much of the said costs as the taxing master shall certify to be the proportion to be paid out of the £500 be paid thereout as directed &c.-Like direction for payment of the costs apportioned to the other fund. [Add Payment Schedules, Form No. 32, for each account.]