Fractional or
gross Burns in place of taxed costa.
(5) The Court may direct that police of any proceedings or order against a solicitor under this rule shall be given to his client in such manner as may be specified in the direction.
(6) Where in any proceedings before a taxing master the solicitor representing any party is guilty of neglect or delay or puts any other party to any unnecessary expense in relation to those proceedings, the taxing master may direct the solicitor to pay costs personally to any of the parties to those proceedings; and where any solicitor fails to leave his bill of costs for taxation within such time as may be fixed under these rules or otherwise delays or impedes the taxation, then, unless the taxing master otherwise directs, the solicitor shall not be allowed the fees to which he would otherwise be entitled for drawing his bill of costs and for attending the taxation.
(7) It, on the taxation of costs to be paid out of a fund, one-sixth or more of the amount of the bill for those costs is taxed off, the solici- tor whose bill it is shall not be allowed the fees to which he would otherwise be entitled for drawing the bill and for attending the taxation.
(8) In any proceeding before the Registrar in which the party by whom the fees prescribed by any enactment relating to Court fees are payable is represented by a solicitor, if the fees or any part of the fees payable under the said enactment are not paid as therein prescribed. the Court may, on the application of the Attorney General by summons, order the solicitor personally to pay that amount in the manner so prescribed and to pay the costs of the Attorney General.
10. (1) Subject to these rules, where by or under these rules or any order or direction of the Court costs are to be paid to any person, that person shall be entitled to his taxed costs.
(2) Paragraph (1) shall not apply to costs which by or under any direction of the Court-
(a) are to be paid to a receiver appointed by the Court under rule I of Order XXVIII in respect of his remuneration, disburse- ment or expenses; or
(b) are to be assessed or settled by a taxing master but rules 28, 31 and 32 shall apply in relation to the assessment or settlement by a taxing master of costs which are to be assessed or settled as aforesaid as they apply in relation to the taxation of costs. (3) Where a writ in an action is indorsed in accordance with rule 15 of Order Il and judgment is entered in default of appearance or of defence for the amount claimed for costs, whether alone or together with any other amount claimed, paragraph (1) shall not apply to those costs, but if the amount claimed for costs as aforesaid is paid in accord- ance with the indorsement, or is accepted by the plaintiff as if so paid. the defandant shall nevertheless be entitled to have those costs taxed.
(4) The Court in awarding costs to any person may direct that, instead of taxed costs, that person shall be entitled-
(a) to a proportion specified in the direction of the taxed costs or to the taxed costs from or up to a stage of the proceedings so specified; or
(b) to a gross sum so specified in lieu of taxed costs.
11. (1) If a plaintiff accepts money paid into court in satisfaction When a of his claim, or if he accepts a sum or sums paid in respect of one or party may
sign juda- more specified causes of action and gives notice that he abandons the ment for others, he may, after four days from payment out and unless the Court costs without otherwise orders, tax his costs incurred to the time of payment into an order. court, and forty-eight hours after taxation may sign judgment for his taxed costs.
(2) Where a plaintiff in an action for libel or slander against several defendants sued jointly accepts money paid into court by one of the defendants, he may tax his costs and sign judgment for them against that defendant in accordance with paragraph (1).
(3) Where a plaintiff by notice in writing and without leave either wholly discontinues his action against any defendant or withdraws part of his alleged cause of complaint against any defendant, the defendant may tax his costs of the action or his costs occasioned by the matter withdrawn, as the case may be, and, if the taxed costs are not paid within four days after taxation, may sign judgment for them.
12. (1) Where an action, petition or summons is dismissed with costs, or a motion is refused with costs, or an order of the Court directs the payment of any costs, or any party is entitled under rule 11 to tax his costs, no order directing the taxation of those costs need be made.
(2) Where a summons is taken out to set aside with costs any proceeding on the ground of irregularity and the summons is dismissed but no direction is given as to costs, the summons is to be taken as having been dismissed with costs.
PART IIL
POWERS OF TAXING OFFICERS.
13. A taxing master shall have power to tax-
When order for sxation of costs not required.
Powers of waxing masters to
(a) the costs of or arising out of any cause or matter in the Court: (A) the costs directed by an award made on a reference to arbitra- tax costs.
tion under any enactment or pursuant to an arbitration agree- ment to be paid; and
(c) any other costs the taxation of which is directed by an order
of the Court.