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Master shall make orders as to payment of costs of meetings had on summons before them.
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33. And whereas it frequently happens that delays and adjournments of meetings on references and proceedings in the offices of masters in Chancery frequently take place, for the accommodation and convenience or through the negligence and non-attendance of one of the parties concerned in such reference or proceeding; and it is unreasonable and unjust that the party attending and prepared to proceed should pay the expence of meetings so rendered nugatory by the non-attendance of the opposite party, even though such opposite party should, by a final decree or otherwise, be ordered to pay the several costs of the cause; and according to the present practice of the Court of Chancery the masters in Chancery have not any power or authority to make any order touching the costs of the proceedings before themselves: Be it therefore enacted, that at any and every meeting which shall be had before any master of the Court of Chancery in Ireland upon summons issued in manner aforesaid, the master shall on the back of the summons for such meeting to be produced to him according to the directions of this Act endorse or cause to be endorsed and shall sign such order, as under the circumstances of the case shall to him seem fit, as to the payment of the costs of such meeting, and as to the person or persons by whom the costs of such meeting shall be paid, as between party and party, or whether such costs shall abide the rule, order, or decree as to the payment of costs which may be made on the hearing of the cause, or whether such costs shall be paid by the complainant or defendant or other party in the cause or matter, independent of any general order or decree which may be pronounced by the court as to the general costs of such cause or matter, or whether as between solicitor or client, the costs of such meeting in the master’s office, so as aforesaid rendered nugatory, shall constitute a fair and reasonable charge against the client; and every such summons, with such order so thereon endorsed and signed by the said master, shall, on the taxation of such costs, be produced to the master when taxing such costs, who shall allow or disallow the costs in respect thereof accordingly, either as between party and party, or as between solicitor and client, or otherwise, according to the order so as aforesaid endorsed on the back of such summons; and in no case shall the master, upon the taxation of any bill of costs, allow any sum or sums as and for the expences of any such meeting or proceeding, unless the summons on which such meeting was had be produced before such master at the time of such taxation.
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