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Costs

BOOK VII. COSTS
CHAPTER 1. GENERAL PROVISIONS
 

Art. 462.- Power of court
Unless otherwise expressly provided, the costs of and incident to all suits shall be in the discretion of the court and the court shall have full power to decide by whom or out of what property and to what extent such costs are to be paid and to give all necessary directions to this effect.

Art. 463.- Bill of costs
(1)    Where the court has ordered the unsuccessful party to pay the costs, the successful party shall prepare an item side bill of costs showing the expenses he has incurred in the sit.
(2)    The bill shall be filed in the court having given judgment and a copy thereof shall be served on the party liable for costs.

Art. 464.- Taxation of bill
(1)    On the filing of the bill, the court shall fix a day for considering the bill and shall summon the parties to appear on such day.,
(2)    After considering the bill and hearing the parties, the court may:
(a)    reduce any item in the bill which in its opinion is excessive:
or
(b)    disallow  such costs, charges and expenses as in its opinion were not necessary or proper for the attainment of justice or for the defending of the rights of any party.
(3)    Where the party entitle to costs has failed to fill a bill the court shall, after recording such failure, certify the costs of the other sum so as to prevent any other party being prejudiced by such default.
(4)    Costs shall carry interest at the legal rate as from the day of the judgment until final settlement.
(5)    Nothing in this Article shall prevent the court from requiring the registrar to consider the bill and hear the submissions of the parties and to report thereon to the court before any decision is made under this Article.

Art. 465.- Compensatory costs
(1)    Where in any suit or proceeding, a party objects to a claim or defiance on the ground that it is, in whole or in party, as against the objector, false or vexatious to the knowledge of the party by whom it has been put forward, and such claim or defense is subsequently disallowed, abandoned or withdrawn in whole or in part as against the objector, the court may, if it thinks fit and after recording its reasons for holding such claim or defense false or vexatious make an order for the payment to the objector, by the party by whom such claim or defense was put forward, of costs by way of compensation up to an amount not exceeding five hundred dollars.
(2)    No person against whom an order has been made under this Article shall, by reason thereof, be exempted from criminal proceedings under Art. 446 of the Penal Code with respect to any false statement made by him.
(3)    The amount of any compensation awarded under this Article shall be taken into account in any subsequent suit for damages or compensation with respect to the claim or defense held to be false or vexatious.

Art. 466.-Appeal
A party may, notwithstanding that he does not appeal from a judgment, appeal from any decision on costs made in such judgment and the decision of the Appellate Court shall be final.