|
|
Costs where judgment does not exceed 20l.
|
9. If the plaintiff in any such proceeding by way of attachment shall not obtain judgment for debt or damages for a sum exceeding twenty pounds, he shall not be entitled to any costs, but the defendant shall be entitled to recover his costs from the plaintiff, unless the judge of the court from which attachment shall have issued shall, within one month after final judgment, certify that the plaintiff had reasonable cause for filing an affidavit of debt for the full amount for which such attachment issued; and in case any such defendant shall be entitled to his costs from the plaintiff as aforesaid, the court shall, by a general or special order, limit the period within which the defendant shall have the amount of such costs taxed and ascertained, and until the expiration of such period, unless the defendants costs shall be taxed and ascertained in the meantime, the plaintiff shall be disabled from taking out any execution for the sum recovered by the judgment; and in case the defendant’s costs shall be ascertained within the period aforesaid, the plaintiff shall take out execution in such sum only by which the amount of the judgment shall exceed the amount of the taxed costs of the defendant; and in such case, if the sum recovered by the judgment shall be less than the amount of the defendant’s taxed costs, then the defendant shall be entitled, after deducting the amount of the judgment from the amount of his taxed costs, to take out execution for the balance of his taxed costs, in like manner as a defendant in any such court may now have execution for costs in other cases, or in such manner as such court may, by a general or any special order, direct.
|
