Suing in Forma Pauperis.]-There is no provision, Suing in formâ either in the statutes or rules of practice, relative to a pauperis. party's suing in formâ pauperis in the county court. In a case which came before the Court of Common Pleas (a), where a plaintiff suing in a superior court in formâ pauperis obtained a verdict under 201. for a cause of action for which he might have sued in the county court, and a suggestion was moved for to deprive him of costs, it was argued on the part of the plaintiff that had he sued in the county court he would have lost the benefit of suing as a pauper; the court, however, expressed an opinion, that under sect. 78 of the 9 & 10 Vict. c. 95 (which directs that where no rule of practice has been framed, the general principle of practice of the courts of common law may be applied by the judges of the county courts to proceedings in those courts) a discretionary power existed to admit a plaintiff to sue in formâ pauperis. Costs to abide Event, if no order to the contrary.]-All Costs to abide costs of any action or proceeding not otherwise provided event, if no for by statute, are to be paid or apportioned between the contrary. (a) Chinn v. Bullen, 8 C. B. 447; S. C., 19 L. J., C. P. 42. order to the PART II. When plaintiff does not appear, or prove his demand. Treble costs for bringing second suit. Allowance to witnesses. parties as the judge thinks fit. In default of any special direction, they abide the event of the action (b). When Plaintiff does not appear, or prove his Demand, or there is a want of Jurisdiction.]-We have already seen that if the plaintiff or his attorney does not appear, or appearing does not prove the demand, the judge may order him to pay to the defendant the costs of his attendance, or costs by way of satisfaction for his trouble (c); and if at the return-day of a summons, or at any adjournment of the court at which it is returnable, the plaintiff does not appear, and the defendant does appear, and does not admit the plaintiff's demand, the judge may in his discretion award to the defendant costs in the same manner, and to the same amount, as to counsel, attorney, witnesses, and other matters, as if the cause had been tried, but no hearing fee may be charged (d). And if the cause is struck out for want of jurisdiction, the judge has the same power to award costs as if the plaintiff had failed to appear, or to prove his claim (e). Treble Costs for bringing Second Suit.]-If any party sues another in a county court for a debt, or other cause of action, for which he has already sued the same party, and obtained judgment in another court, on proof of such former suit and judgment being given, the party suing is not entitled to recover in the second suit, and is adjudged to pay three times the costs of the second suit to the opposite party (f). Allowance to Witnesses.]—The judge must in each case direct what number of witnesses shall be allowed on taxation of costs between party and party. Their allowance for attendance must in no case exceed the highest rate of the allowances therein mentioned in the scale in the schedule to the rules (g). The costs of witnesses, whether they have been examined or not, may, in the discretion of the judge, be allowed, though they have not been summoned (h). The scale of allowance to witnesses contained in the schedule to the rules is as follows: Gentlemen, merchants, bankers and professional men, per diem CHAP. IX. Scale. from 0 10 0 to 1 0 0 Tradesmen, auctioneers, accountants, clerks and yeomen, per diem Artisans and journeymen, per diem from 0 5 0 to 0 10 0 Travelling expenses, sum reasonably paid, but not more than 6d. per mile, one way. If the witnesses attend in more than one cause, they will be entitled to a proportionate part in each cause only. claim does not exceed 201. Fees to Counsel and Attorney's Costs, where Claim does Fees to counsel not exceed 201.]—Where the debt or damage claimed does and attorney's not exceed 207., and the summons is not issued in the form costs, where referred to in sect. 2 of 30 & 31 Vict. c. 142, the fees to be received by counsel and attorneys are limited to certain amounts by the 9 & 10 Vict. c. 95, s. 91. By this section no person, except he be an attorney, can recover fees for acting in court; nor can an attorney recover fees unless the debt claimed is more than 40s. If above 40s. and under 51., he may not recover more than 10s. If above 51. and under 201., not more than 15s. in any case within the summary jurisdiction given by that act. To barristers, no fee exceeding 17. 3s. 6d. can in any case where the debt claimed is under 207. be allowed (i). The fees of neither barrister nor attorney can be allowed against a defendant on taxation of costs where less than 57. is recovered or claimed (¿). It was decided that the above provisions applied to costs recoverable by the attorney from his client, as well as to costs taxed between party and party (k). But it was also held, that the amount named therein applied only to the appearing and acting of the attorney in court, and not to his services out of court in advising or getting up the case (1); now, however, by the 19 & 20 Vict. c. 108, s. 36, an attorney cannot in suits where the claim is within 207. recover any further costs than the above, unless upon taxation of costs the registrar is satisfied, by writing under the hand of the client, that he has agreed to pay further (i) 9 & 10 Vict. c. 95, s. 91, p. 427. (k) Re Clipperton, 12 Q. B. 687. (1) Keighley v. Goodman, 9 C. B. 338; S. C., 1 L. M. & P. 204; 19 L. J., C. P. 166; Re Toby, 12 Q. PART II. Fees, &c., where claim exceeds 201. costs or charges. In such case the registrar may allow any costs or charges not exceeding the amount which may have been so agreed to be paid. Fees, &c., where Claim exceeds 201., and in other cases.] -Where the debt or damage claimed exceeds 207., the fees of counsel and costs of attorneys are regulated by a scale of costs framed by five judges of county courts, under the 19 & 20 Vict. c. 108, s. 33 (m). Where the summons is issued under sect. 2 of 30 & 31 Vict. c. 142, or the cause is sent by a judge of a superior court for trial in a county court under sects. 7 & 10, or in actions under sects. 11 & 12, the costs are regulated by a scale framed under sect. 15 of that act. The scale, which came into operation on the 1st November, 1856, now superseded by the following, which came into operation on the 1st January, 1868. It is as follows, so far as it applies to actions. The scale as to equitable matters will be found, post, Part III., Chap. VIII. (n). Affidavit of service with copy of summons annexed Attending to file affidavit of service, including entering up judgment by default N.B.-The total amount of these items where applicable to be entered on the summons. Attending lodging judge's order, and preparing statement of cause of action or defence, including copies, and lodging same with registrar, if signed by attorney (sections 7 and 10 of "The County Courts Act, 1867") Examining and taking minutes of evidence of each witness afterwards allowed by the judge If more than six folios every additional folio (whether counsel employed or not) Drawing brief for counsel, per folio Copy brief, per folio, and necessary docu ments to accompany same Attending counsel therewith If conference with counsel allowed, appointing it and attending counsel 0 10 0 10 10 0 10 004 004 004 34 034 0 34 0 13 4 Fee to counsel and clerk, sum paid not exceeding 3 56 3 56 5 10 0 1 60 Fee to counsel and clerk, on conference Attending court and conducting cause, where no counsel employed Where judgment is deferred, attending court to hear it |