Note 54 — PREFACE TO THE NOTES.

Taxation is entirely regulated by custom, and the principle upon which it is conducted often produces the greatest injustice as well to the solicitor as to the client. To get a party into contempt for disobedience to an order of the court a writ of execution must be taken out and served upon him, and various other expensive proceedings resorted to; and yet should he obey the order before the whole process is actually completed, not one sixpence will be allowed against him in costs. There are other instances equally gross. I have often argued against such injustice, but have been always answered “this is our rule, we cannot do otherwise.” Is it not high time that a remedy should be provided. There are some, who in taxing discretionary charges as between a solicitor and his client, invariably take off one half of each item. How must a conscientious solicitor suffer from this mode of exercising direction! The resource of a less delicate mind is obvious.