1214
Effect of failure of plaintiff to give security for costs.
s. 381.
Set-off for costs.
[ib. s. 221.]
Interest on costs.
*
Payment of costs out of subject-matter.
[ib. s. 222.]
Costs payable by or to the Crown.
+
No. 3 of 1901.
CODE OF CIVIL PROCEDURE.
364.-(1) In the event of the plaintiff who has been required to give security for costs not giving it within the time fixed for that purpose, the Court may dismiss the action unless the plaintiff is permitted to withdraw from the action or shows good cause why such time should be extended, in which case the Court may extend it.
(2) Where an action is dismissed under this section, the plaintiff may apply to the Court to set the dismissal aside, and if it is proved, to the satisfaction of the Court, that he was prevented by any sufficient cause from giving the security within the time fixed for that purpose, the Court may set aside the dismissal, on such terms, as to security, costs, or otherwise as it may think fit.
(3) The dismissal shall not be set aside unless the plaintiff has served the defendant with notice in writing of his application.
365. The Court may direct that the costs payable to one party by another shall be set off against a sum which is admitted or is found in the action or other proceeding to be due from the former to the latter.
366. Unless the Court otherwise orders, interest on costs, at such rate as may for the time being be fixed by the Court, shall be recoverable as costs from the date of judgment to the date of payment.
367. The Court may in any case direct that costs, with or without interest, shall be paid out of or charged upon the subject-matter of the action or other proceeding.
368. In every case where costs would be recoverable by or from a private party, they shall be recoverable by or from the Crown.
Summons to judgment debtor to appear and be examined as to his ability to pay
CHAPTER XVI.
EXECUTION.
Investigation as to Property of Judgment Debtor.
369.-(1) Where a judgment directing payment of money remains wholly or in part unsatisfied, (whether a writ of execution has issued or not), the judgment creditor may apply to the Court for a summons...
* The rate of interest fixed is 8% per annum.
+ As amended by No. 36 of 1911.