Number 40 of 1931.
COURTS OF JUSTICE (No. 2) ACT, 1931.
ARRANGEMENT OF SECTIONS
Section | |
Costs in High Court cases within the jurisdiction of the Circuit Court. | |
Act Referred to | |
No. 10 of 1924 | |
Number 40 of 1931.
COURTS OF JUSTICE (No. 2) ACT, 1931.
The appointed day.
1.—In this Act the expression “the appointed day” means the day on which Rules of the Circuit Court made under Part II of the Courts of Justice Act, 1924 (No. 10 of 1924), and providing a scale of costs for the Circuit Court come into operation.
Costs in Circuit Court cases.
2.—Whenever and wherever, either before the passing of this Act or after such passing and before the appointed day, a Judge of the Circuit Court has or had jurisdiction to award any costs and expenses or either of them (whether to be paid by a person or persons or out of an estate or fund) he shall have and be deemed always to have had jurisdiction at his discretion either to fix the amount of such costs and expenses or either of them (as the case may be), or to direct the manner in which and the principles on which such amount is to be ascertained.
Costs in High Court cases within the jurisdiction of the Circuit Court.
3.—(1) Whenever and wherever either before the passing of this Act or after such passing and before the appointed day, the costs of any party to any proceedings in the High Court are required by law or by an order of that Court to be taxed or ascertained as if they were costs incurred in the Circuit Court, the Taxing Master charged with the duty of taxing such costs shall have and be deemed always to have had jurisdiction to tax such costs either, at his discretion, on the principle that the amount of such costs should be two-thirds of the sum to which such costs would amount if taxed as if they were costs incurred in the High Court, or on such other principle as such Taxing Master thinks proper to adopt in any particular case.
(2) Nothing in this section shall apply to any costs which before the passing of this Act were directed by the Supreme Court to be taxed on any particular principle appointed by that Court in respect of those particular costs.
Costs in appeals from the Circuit Court.
4.—Whenever and wherever, before the passing of this Act or after such passing and before the appointed day, costs are awarded (whether payable by a person or persons or out of an estate or fund) by the High Court in an appeal from the Circuit Court, the Taxing Master charged with the duty of taxing such costs shall have and be deemed always to have had jurisdiction to tax so much of such costs as relate to proceedings in the Circuit Court either, at his discretion, on the principle that the amount of such costs should be two-thirds of the sum to which such costs would amount if taxed as if they were costs incurred in the High Court, or on such other principle as such Taxing Master thinks proper to adopt in any particular case.
Short title and citation.
5.—(1) This Act may be cited as the Courts of Justice (No. 2) Act, 1931.
(2) For the purposes of collective citation the expression “the Courts of Justice Acts, 1924 to 1931” shall include this Act.