e rule above stated applies to civil proceedings on the crown side of
the king's bench division, including mandamus, prohibition _quo
warranto_, and certiorari (_R._ v. _Woodhouse_, 1906, 2 K.B. 502, 540);
and to proceedings on the revenue side of that division (O. 68, r. 1);
but it does not apply to criminal proceedings in the High Court, which
are regulated by the crown office rules of 1906, or by statutes dealing
with particular breaches of the law, and as to procedure in taxing costs
by O. 65, r. 27, of the Rules of the Supreme Court.

The rule is also subject to specific provision empowering the courts to
limit the costs to be adjudged against the unsuccessful party in
proceedings in the High Court, which could and should have been
instituted in a county court, e.g. actions of contract under L100, or
actions of tort in which less than L10 is recovered (County Courts Act
1888, SS 65, 66, 116; County Courts Act 1903, S 3).

For instance, in actions falling within the Public Authorities
Protection Act 1893 against public bodies or officials, the defendant,
if successful, is entitled to recover costs as between solicitor and
client unless a special order to the contrary is made by the court; and
under some statutes still unrepealed, double or treble costs are to be
allowed. Besides the rules above stated, there is also a provision,
adopted from the practice of courts of equity, that if tender was made
before action of a sum sufficient to satisfy the plaintiff's just demand
and is followed by payment into court in the action of the sum tendered,
the court will make the plaintiff pay the costs of action as having been
unnecessarily brought.

Costs of interlocutory proceedings in the course of a litigation are
sometimes said to be "costs in the cause," that is, they abide the
result of the principal issue. A party succeeding in interlocutory
proceedings, and paying the costs therein made "costs in the cause,"
would recover the amount of such costs if he had a judgment for costs on
the result of the whole trial, but not otherwise. But it is usual now
not to tax the costs of interlocutory proceedings till after final
judgment.

_Taxation._--When an order to pay the costs of litigation is made the
costs are taxed in the central office of the High Court, unless the
court when making the order fixes the amount to be paid (R.S.C., O. 65,
r. 23). Recent changes in the organization for taxing have tended to
create a uniformit