The New Practice, Pleading, and Evidence, in the Courts of Common Law at Westminster, as Regulated by the New Statute 15 & 16 Vict. Cap. 76, with All Necessary Forms

costs), the plaintiff's costs as against the defendant shall be taxed according to the lower scale of allowances in the schedule of costs hereunto annexed. Provided, that in case of trial before a judge of one of the superior courts, or judge of assize, if the judge shall certify on the postea that the cause was proper to be tried before him, and not before a sheriff or judge of an inferior court, the costs shall be taxed on the higher scale.1

8. Where in like actions the sum indorsed on the summons shall be more than twenty pounds, but the plaintiff fails to recover more than that sum, and the judge does not certify as aforesaid, the plaintiff's costs against the defendant, whether between party and party or as between attorney and client, shall be taxed as upon a writ of trial before a judge of a court of record where attorneys are not allowed to act as advocates, as hereinafter provided for, but the defendant's costs, if any, are to be taxed upon the higher scale; provided, that in cases triable before the sheriff or judge of an inferior court, where the judge shall refuse to make an order for such trial, the judge may, if he shall think fit, direct at the time of such refusal on what scale the costs of each party shall be taxed, and in default of such direction the costs of both parties shall be taxed on the higher scale.2

9. At the head of every bill of costs taken to the taxing officer to be taxed, it shall be stated whether the sum recovered, accepted, or agreed to be paid, exceeds the sum of twenty pounds, or not, in the following form:3

Debt above twenty pounds.

Debt twenty pounds or under.

General Allowance for Plaintiffs and Defendants; and in Cases under £20 as well between Attorney and Client as between Party and Party.*