6. Security for costs may be ordered where by law or by practice a party has heretofore been entitled to obtain secur 0. LXX. rr. 6-9. 891 When security ity for costs, and, without restricting the generality of this for costs may provision, also in the following cases: (a) Where the plaintiff resides out of the Province; and the Court or a Judge may make such order for security be ordered. [Cf. O. 65, r. Ga., (E)]. 895 for security (1) Where it appears, by the writ of summons, notice, Er parte order or other proceeding by which a cause or matter is commenced, for costs. or by an indorsement thereon, that the plaintiff resides out of the Province, the order may be obtained ex parte after appearance by the defendant applying therefor pursuant to any such writ of summons. (2) The order shall require the plaintiff, within 30 days from the service of the order, to give security in $400 for the defendant's costs of the action, and shall direct that all further proceedings be stayed in the meantime, and that in default of such security being given the action shall be dismissed with costs against the defendant obtaining the order, unless the Court or a Judge, upon special application for that purpose, otherwise orders. R. 1199, (O), am. 896 8. The Court or Judge may, by an order for security or Time for by any subsequent order, require the security to be furnished giving secur within a time to be appointed, and may stay all further pro ceedings in the meantime, and, in the case of a plaintiff required to give security, may direct that in default of the security being given the action shall be dismissed as for want of prosecution, with costs, as against the defendant entitled to the security, unless the Court or a Judge, upon special application for that purpose, otherwise orders. R. 1202, (O). 897 proceedings 9. Where an order for security for costs provides that, in Dismissal of default of security being given, the cause or matter shall be on default in dismissed with costs against a defendant, the Court or afty. Judge, upon default being made in giving security pursuant giving secur 0. LXX, r. 10-14. 898 Stay of proceedings until to the order, may, upon an ex parte application, order that the cause or matter be dismissed with costs against such defendant. R. 1203, (0). 10. Where security for costs is ordered, proceedings in the security given. action shall be stayed from the service of the order until the security is given, if given. R. 1204, (O), am. 899 To whom bond for security to be given. [R. 1205, (O)]. 900 Money as security in 11. Where a bond is given for security for costs, it shall, unless the Court or a Judge shall otherwise direct, be given to the party or person requiring the security, and not to an officer of the Court. O. 65, r. 7, (E). 12. (1). Instead of giving a bond as security for costs, a lieu of bond. party may, without special order, pay into Court, as such security, the sum of $500. 901 Payment of money out of Court. 902 Costs may be disallowed to (2). The party paying in the money shall, when paying the same in, state the purpose for which it is paid in, and shall forthwith serve a notice upon the opposite party specifying the fact and purpose of such payment. R. 1207, (O), am. 13. Where money has been paid into Court as security for costs, it may be paid out to the party entitled thereto on the consent of the solicitors in the cause or matter, without order. R. 1211, (O), am. 14. If in any case it shall appear to the Court or a Judge or ordered to that costs have been improperly or without any reasonable solicitor where cause incurred, or that by reason of any undue delay in pro be paid by delay or misconduct. ceeding under any judgment or order, or of any misconduct or default of the solicitor, any costs properly incurred have nevertheless proved fruitless to the person incurring the same, the Court or a Judge may call on the solicitor of the person by whom such costs have been so incurred to show cause why such costs should not be disallowed as between the solicitor and his client, and also (if the circumstances of the case shall require) why the solicitor should not repay to his client any costs which the client may have been ordered to pay to any other person, and thereupon may make such order as the justice of the case may require. The Court or Judge may, if they or he think fit, refer the matter to the Registrar for inquiry and report; and direct the solicitor in the first place to show cause before such Registrar. Such notice (if any) of the proceedings or order shall be given to the client in such manner as the Court or Judge may direct. O. 65, r. 11, (E), am. 0. LXX, 15-20. rr. 903 Costs of solici ad litem. 15. Where the Court or a Judge appoints one of the solicitors of the Court to be guardian ad litem of an infant or person of unsound mind, the Court or Judge may direct that tor guardian the costs to be incurred in the performance of the duties of such office shall be borne and paid either by the parties or some one or more of the parties to the cause or matter in which such appointment is made, or out of any fund in Court in which such infant or person of unsound mind may be inter. ested, and may give directions for the repayment or allowance of such costs as the justice and circumstances of the case may require. O. 65, r. 13, (E). 904 [Cf. R. 1165, 16. A set-off for damages or costs between parties may be Set-off. allowed notwithstanding the solicitor's lien for costs in the (0). particular cause or matter in which the set-off is sought. O. 65, r. 14, (E). estate. 905 17. The costs occasioned by any unsuccessful claim or Costs out of unsuccessful resistance to any claim to any property shall not be paid out of the estate unless the Judge shall otherwise direct. O. 65. r. 14a., (E). 906 particular 18. The costs of inquiries to ascertain the person entitled Costs out of to any legacy, money, or share, or otherwise incurred in rela- shares. tion thereto, shall be paid out of such legacy, money, or share, unless the Judge shall otherwise direct. O. 65, r. 14b., (E). 907 not to be difficulties shares. 19. Where some of the persons entitled to a distributive Distribution share of a fund are ascertained, and difficulty or delay has delayed by occurred or is likely to occur in ascertaining the persons en- as to some titled to the other shares, the Court or a Judge may order or allow immediate payment of their shares to the persons ascertained without reserving any part of those shares to answer the subsequent costs of ascertaining the persons entitled to the other shares; and in all such cases such order may be made for ascertaining and payment of the costs incurred down to and including such payment as the Court or Judge shall think reasonable. O. 65, r. 14c., (E). 908 award. 20. Costs Costs may be taxed on an award, notwithstanding the Costs on an time for setting aside the award has not elapsed. O. 65, [R. 1166, (O)]. r. 15, (E). 0. LXX, rr. 21-26. 909 Notice of taxation, [R. 1159, (O)]. 910 When notice of taxation unnecessary. [R. 1160, (O)]. 911 Mode of drawing bill of costs. 912 Gross sum for costs. 21. Where a notice of taxation is necessary, one day's notice shall be sufficient if served with a copy of the bill of costs. O. 65, r. 16, (E), am. 22. Notice of taxation shall not be necessary where the defendant has not appeared in person, or by his solicitor or guardian. O. 65, r. 17, (E), am. 23. In every bill of costs the professional charges shall be entered in a separate column from the disbursements, and every column shall be cast before the bill is brought in for taxation. O. 65, r. 19h., (E). 24. In any case, where the Court or a Judge shall think [R. 1137. (0)]. fit to award costs to any party, the Court or Judge may by the order direct taxation of the costs of such party and payment of a proportion thereof or direct payment of a sum in lieu of taxed costs, and direct by and to whom such proportion or sum shall be paid. O. 65, r. 23, (E). 913 Affidavit of mileage. 914 Affidavit of disbursements. 25. Mileage shall not be taxed or allowed for the service of any writ, paper or proceeding, without an affidavit stating the sum actually disbursed and paid for such mileage, and the name of the person to whom such payment has been made. R. 1172, (O), part. 26.—(1) An affidavit of disbursements shall be made by the solicitor in the cause or matter or some clerk having the management thereof, or by the client. (2) The affidavit shall set forth the sums paid to counsel, naming them, and for what services, the names of witnesses, their place of abode, the place at which they were subpoenaed, and the distance which each such witness was necessarily obliged to travel in order to attend the trial, and the sums paid by them, and shall state that all such witnesses were necessary and material for the client in the cause or matter, that they did attend, and that they did not attend as witnesses in any other cause (or otherwise, as the case may be), and the number of days which each witness was necessarily absent from home in order to attend such trial. If a solicitor attends as a witness, it shall be stated whether or not he attended at the place of trial as solicitor or witness in any other cause, and whether or not he had any other business there. The day on which the trial took place shall be stated. R. 1173, (O). 0. LXX, r. 27. 915 ances and 27. The following special allowances and general regula- Special allowtions shall apply to all proceedings and all taxations in the general reguSupreme Court of Judicature: lations. of taxing (1) As to writs of summons requiring special indorsement, Allowances for pleadings, etc., and as to special cases, pleadings, and affidavits in answer to in discretion interrogatories, and other special affidavits, and admissions officer. under Order XXXII., Rule 4, the taxing officer may, in lieu of the allowances for instructions and preparing or drawing, and attendances, make such allowance for work, labour and expenses in or about the preparation of such documents as in his discretion he may think proper. O. 65, r. 27 (1), (E). pleadings. (2) As to drawing any pleading or other document, the Drawing fees allowed shall include any copy made for the use of the solicitor, agent, or client, or for counsel to settle. O. 65, r. 27 (2), (E). to sue or (3) As to instructions to sue or defend, or the preparation Instructions of briefs, if the taxing officer shall on special grounds consid- defend, etc. er the fee in the table provided inadequate, he may make such further allowance as he shall in his discretion consider reasonable. O. 65, r. 27 (3), (E). affidavits. (4) As to affidavits, when there are several deponents to Swearing be sworn, or it is necessary for the purpose of an affidavit being sworn to go to a distance, or to employ an agent, such reasonable allowance may be made as the taxing officer in his discretion may think fit. O. 65, r. 27 (4), (E). affidavits and deponent. (5) The allowances for instructions and drawing an affi- Drawing davit in answer to interrogatories and other special affidavits, attending and attending the deponent to be sworn, include all attendances on the deponent to settle and read over. O. 65, r. 27 (5), (E). pleadings. (6) As to delivery of pleadings, services, and notices, the Delivery of fees are not to be allowed when the same solicitor is for both parties, unless it be necessary for the purpose of making an affidavit of service. O. 65, r. 27 (6), (E). |