98. Where the sum in dispute or the value of the res does not exceed one thousand dollars half costs only shall he charged and allowed. In any other action the Court may in its discretion order that half costs only shall be allowed.
99. Where costs are awarded to a plaintiff the expres- sion "sum in dispute" shall mean the sum recovered by him in addition to the sum, if any, counterclaimed from him by the defendant; and where costs are awarded to a defendant, it shall mean the sum claimed from him in addition to the sum, if any, recovered by him,
COSTS.
100. The judge may direct payment of a lump sum in lieu of taxed costs.
101. If any plaintiff (other than a seaman sning for bis wages or for the loss of his clothes and effects in a collision), or any defendant making a counterclaim is not resident in the Colony, the judge may, on the application of the adverse party, order bim to give bail for costs.
102. If a tender is rejected, but is afterwards accepted, or is held by the judge to be sufficient, the party rejecting the tonder shall, unless the Court shall otherwise order, be condemned in the costs incurred after tender made.
TAXATION Or Costs.
103. A party desiring to have a bill of costs taxed shall file the bill, and, as soon as conveniently may be, the registrar shall send to the parties notice of the time at which the taxation will take place.
104. At the time appointed, if either party is present, the taxation shall be proceeded with.
105. Within one week from the completion of the taxation, application may be made to the Court to review the taxation, 106. Costs many he taxed either by the Court or by the registrar, and as well between solicitor and client, as between party and party,
107. If in a taxation between solicitor aud client more than one sixth of the bill is struck off, the solicitor shail pay all the costs attending the taxation.
APPRAISEMENT AND SALE, &C.
108. The Court may, either before or after final judg- ment, order any property under the arrest of the Court to be appraised, or to be sold with or without appraisement, and either by public auction or by private contract.
109. If the property is deteriorating in value, the Court may order it to be sold forthwith.
110. If the property to be sold is of small value, the Court may, in its discretion, order it to be sold without a commission of sale being issued.
111. The Court may, either before or after final judgment, order any property under arrest of the Court to be removed or any cargo under arrest on board ship to be discharged.
112. The appraisement, sale, and removal of property, the discharge of cargo, and the demolition and sale of a vessel condemned under any Slave Trade Act, shall be effected under the authority of a commission addressed to the bailiff. Forms of commissions of appraisement, sale, appraisement and sale, removal, discharge of cargo, and demolition and sale, will be found in the Appendix hereto, Nos. 27 to 82.
113. The commission shall, as soon as possible after its execution, bo filed by the bailiff, with a return setting forth the manner in which it has been executed.
114. As soon as possible after the execution of a com- mission of sale, the bailiff shall pay into Court the gross proceeds of the sale, and shall with the commission file his accounts and vouchers in support thereof.
115. The registrar shall tax the bailiff's account, and shall report the amount at which he considers it should be allowed; and any party who is interested in the proceeds may be heard before the registrar on the taxation.
116. Application may be made to the Court ou motion to review the registrar's taxation.
117. The Court may, in its discretion, order any property under the arrest of the Court to be inspected. A form of order for inspection will be found in the Appendix hereto, No, 33.
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