Taxation of Costs

189. A party desiring to have a bill of costs taxed shall apply to the Registrar to fix a day for the taxation. The Registrar shall appoint any time for such taxation which in his opinion will enable all parties interested to appear before him and notice of the time so fixed shall be served on all parties affected by the taxation by the party applying therfor.

190. The Registrar shall copy every bill of costs presented to him for taxation into a book to be kept by him for that purpose (and hereafter called the Taxing Book), so that, after taxation, it shall appear which items are allowed and which are disallowed, and at the foot of such copy of the bill of costs he shall certify the total amount of costs allowed by him.

191. The costs to be allowed on taxation shall include all fees of Court, all sums reasonably expended in the employment of advocates, in procuring the attendance of witnesses, and in the travelling, lodging, and maintenance of the party entitled to recover costs.

192. The Registrar may, if he think fit, require the party applying for taxation to prove the payment of any sums alleged by him to have been expended and which he seeks to recover from the adverse party.

193. The costs of and occasioned by the taxation shall be paid by such of the parties as the Registrar shall, at the time of the taxation, direct; provided that where the application for taxation is made by the party entitled to the costs of the action, the Registrar shall not allow him his costs of taxation unless such party has, previous to the application for taxation, served on the party by whom the costs are to be paid a copy of the bill of costs and demanded payment of the same.

194. At the time appointed for the taxation, if either party is present, the taxation may be proceeded with; provided that where the party applying for taxation only appears, the Registrar may require service of the notice of the time fixed for taxation to be proved.

195. Any party may apply to the Court for a review of the taxation by the Registrar; provided that he shall, within three days from the date of such taxation, give notice of his application to the Registrar and to the other party to the taxation.

196. The Registrar shall, on the application of the party asking for a review, fix a time for such review, and notice of the time so fixed shall be given by the party applying for the same to the other party to the taxation.

197. On any review of the Registrar’s taxation by the Court or Judge, the Taxing Book shall be presented to the Court or Judge, and the Judge, or one of the Judges of the Court, shall certify the amount allowed by the Court or Judge on such review.

198. Any review of the Registrar’s taxation by a Judge shall be final.

199. At the expiration of three days from the date of the taxation, if no notice of application for review has been given, and at any time after review of taxation by the Court or Judge, the Registrar shall, on the application of the party entitled to the costs, furnish him with a certificate stating the amount at which the costs have been taxed.

200. The Court or Judge may, on the hearing of the application for review of taxation, fix the amount of the costs occasioned thereby, and may direct by whom the same shall be paid, and may add or deduct the amount of such costs to or from the amount of the bill of costs allowed on review.

201. Costs may be taxed either as between advocate and client or as between party and party.

202. If in a taxation between advocate and client more than one sixth of the amount of the bill of costs is struck off, the advocate may be ordered to pay all the costs attending the taxation.