limitation of his liability by petition is, as regards security for costs, in the same position as an ordinary plaintiff (The Wild Ranger, Lush. 553; 5 L. T. N. S. 164). An order for security for costs will also be made in cases where the plaintiff may be within the jurisdiction, when there are some exceptional circumstances to justify such an order, as the recent insolvency of the claimant (The Lake Megantic, 36 L. T. N. S. 183; 3 Mar. L. C. N. S. 382), for, in this matter the Admiralty Division acts upon principles long established in the Common Law Courts; moreover, the rule as to foreigners has been applied to foreign Governments (The Beatrice, 36 L. J. Ad. 10). The amount of the security depends on the circumstances of each particular case, as, the importance of the action, the character of the parties, and so forth. Thus, in an action for wages, when the plaintiffs are foreigners in England, it will be a moderate sum (The Zufall, ante). The application should be made as early as possible in an action (The Volant, 1 W. Rob. 384); and proceedings will be stayed until such security as is ordered is given. If the order is not complied with within a reasonable time, the claim will be dismissed (The Julia Fisher, L. R. 2 P. D. 115; 36 L. T. N. S. 259). The money must be paid into the Bank of England, to the account of the registrar, upon a receivable order, which can be obtained at the registry, or, if bail is given, the practice as set out at p. 154 is applicable. The rule as to security is not applicable to damages for which security is not required (The Mary or Alexandra, L. R. 1 Ad. 335; 16 L. T. N. S. 98). As to giving bond, see R. 3, p. 264. Court of It may be convenient to notice here the practice as to In the security for costs in the Court of Appeal. By O. lviii., r. Appeal. 15, security may be required under "special circumstances.' The Court of Appeal has decided that there must be really unusual circumstances to induce them to grant the application, and that they will, as far as possible, follow the Costs in jurisdic tion. practice of the Privy Council (The Victoria, L. R. 1 P. D. 281; 34 L. T. N. S. 391). As to "unusual circumstances," see infra. Security was required by the Privy Council when the appellant resided out of the jurisdiction of the Court (Privy Council Rules, No. 15; Macpherson, P. C. Prac., 2nd ed.; App., p. 121); but the practice as to amount and time under this rule would not now be in force, since, by O. lviii., r. 15, these are in the discretion of the Court. The time in which security must be given would seem to be a reasonable one, otherwise the appeal will be dismissed on motion by the respondent (Polini v. Gray, L. R. 11 Ch. D. 741; 49 L. J. Ch. 41; Judd v. Green, L. R. 4 Ch. D. 784; 46 L. J. Ch. 257). When an appellant is clearly obliged to give security, he ought to do so upon being applied to, and a reasonable offer should be entertained by the respondent. If an application is made to the Court, it will consider which party has made the application necessary, and deal with the costs accordingly (The Constantine, L. R. 4 P. D. 156; 24 W. R. 747). In an appeal from a division other than Admiralty, poverty and voluminous evidence have been considered special circumstances (Wilson v. Smith, L. R. 2 Ch. D. 67; 45 L. J. Ch. 692); in the Admiralty Division an appellant having been a bankrupt, and being at the time a liquidating debtor (The Constantine, L. R. 4 P. D. 156; 27 L. R. 747). Moreover, security must be only for future costs certain to be incurred, not for those which already exist or may possibly arise (Grant v. The Banque Franco-Egyptienne, L. R. 1 C. P. D. 143; 34 L. T. N. S. 470; L. R. 2 C. P. D. 430). As to time and mode of application, see O. lviii., r. 15. In actions within the County Court limits, unless the judge makes an order to the contrary, the plaintiff will obtain his costs (see ante, p. 15). But, in such a case it is usual for the defendant to apply for an order depriving the plaintiff of them, and the matter is then one wholly for the discretion of the judge. For examples of costs given before the Judicature Acts when a certificate was required, see The Minnehaha, Lush 335; The Fenix, Swa. 13; The Beaumaris Castle, 40 L. J. Ad. 41; 24 L. T. N. S. 448. It rests on the plaintiff to show some reason for proceeding in the High and not in an Inferior Court when he may do so. of costs. As regards the taxation of costs, the rules 119, 120, and Taxation 121, from A. C. R., 1859 (see post, App. III.), describe the initial proceedings, after which they continue in the manner described in the Rules of the Supreme Court (Costs); see App. II. When costs have been taxed, an application for the usual order for payment may be made to the judge, and it, as part of the judgment, may be enforced in the same way (see O. xlii., et seq.). Costs bear interest from the signing of the allocatur, since 1 & 2 Vict. c. 110, s. 17, is, by J. A., 1876, s. 76, applicable to the Admiralty Division (The Jones Brothers, 37 L. T. N. S. 164; 3 Mar. L. C. N. S. 478; see also Schroder v. Clough, 46 L. J. C. P. 365). Retainers, both to the leading and junior counsel, are usually allowed on taxation, and refreshers if a case takes more than one day (The Neaera, L. R. 5 P. D. 118; 42 L. T. N. S. 743). On a taxation of costs between solicitor and client, items rendered necessary by the negligence of the solicitor were allowed, on the ground that the negligence complained of would be cause for an action of negligence against the solicitor (The Pappa de Rossie, L. R. 3 P. D. 160). With regard to appeals against the taxation of bills of Appeals costs, see Rules of Supreme Court (Costs), rules 30-33, taxation. against App. II. The judge is very reluctant to interfere with the discretion of the registrar in the matter of taxation, the guiding principle in which is, that the party who has been successful in the action shall be indemnified for all expenses Notices. Service. Filing docu ments. Minutes. to which he has necessarily been put (The Karla. Br. & L. 367). 3. Where a bond is to be given as security for costs, it shall, unless the Court or a Judge otherwise directs, be given to the party or person requiring the security, and not to an officer of the Court. ORDER LVI. NOTICES AND PAPER, ETC. 1. All notices required by these rules shall be in writing, unless expressly authorised by a Court or judge to be given orally. The next three rules from A. C. R., 1859, should be read with the above: 151. "The service of a notice by a solicitor may be effected by his clerk or agent, and if required to be verified shall be verified by affidavit." 152. "Notices required to be left in the registry shall be signed by the solicitor, or his clerk for him." 153. "Notices sent from the registry may be sent by post, and the day on which the notice is posted shall be considered as the day of the service thereof, and the posting thereof shall be a sufficient service." 156. No document shall be filed, unless properly indorsed and stamped. 157. No document of which a copy is required to be served on the adverse solicitor shall be filed in the registry without a certificate indorsed thereon, signed by the solicitor or by his clerk for him, to the effect that the document has been duly served. 159. If a solicitor, save by permission of the judge or registrar, do not file or serve on the adverse solicitor, as may be required of him, any document within the time allowed by any of these rules, the adverse solicitor shall not be compelled to receive the same, save by order of the judge. 160. On filing any instrument or document, the solicitor shall state, in writing, on a printed form to be obtained in the registry, called a minute, the nature of the instrument or document filed, and the date of the filing thereof. 161. A record of all minutes, and of all causes instituted and appearances entered, and of all decrees and orders of the Court, shall be entered in a book to be kept in the registry, called the "Minute Book." The cause book, Order V., R. 8, p. 109, has, for public purposes, superseded the minute book, which is now only used for the convenience of the officials of the registry. 180. Other persons may inspect the Court books on payment of Searches. the proper fee. 181. No person, except a party or solicitor in the cause or a clerk of the latter, shall be allowed, save by permission of the judge, to inspect any of the documents in a pending cause. "Other," that is, than the parties and solicitors in a cause who are charged the fees for searches set out in the list of fees, see App. II. 3. Proceedings required to be printed shall be printed on cream Paper. wove machine drawing foolscap folio paper, 19 lbs. per mill ream, or thereabouts, in pica type leaded, with an inner margin about three quarters of an inch wide, and an outer margin about two inches and a half wide. 4. Any affidavit may be sworn to either in print or in manuscript, Affidavits. or partly in print and partly in manuscript. See Rules of Supreme Court (Costs), Orders i., iii., v., App. II. ORDER LVII. TIME. 1. Where by these rules, or by any judgment or order given or Months. made after the commencement of the Act, time for doing any act or taking any proceeding is limited by months, not expressed to be lunar months, such time shall be computed by calendar months. 2. Where any limited time less than six days from or after any Days not date or event is appointed or allowed for doing any act or taking any reckoned. proceeding, Sunday, Christmas Day, and Good Friday shall not be reckoned in the computation of such limited time. 3. Where the time for doing any act or taking any proceeding Sundays. expires on a Sunday, or other day on which the offices are closed, and by reason thereof such act or proceeding cannot be done or taken on that day, such act or proceeding shall, so far as regards the time of |