Prepayment of fees and costs

(1) All fees and costs payable under or by virtue shall in the first instance be paid by the party applying for the summons, warrant or other process or document, in respect whereof they are payable, but they shall be costs in the cause or matter in which they are paid– (a) no fees shall be payable in any case in which the magistrate or justice of the peace indorses on the plaint, information or complaint, that the case is proper to be brought by the public body or officer prosecuting as concerning the public interest, or that it is a fit case for the remission of fees on account of the poverty of the party; and (b) in that case the fees and costs shall, in the discretion of the magistrate, be recoverable from the other party if the decision is given against him. (2) No court fees, nor fees payable to any officer of the court, shall be taken under the Schedule or any Order of the Minister made under section 60, where they are payable by any Government department, but they shall, nevertheless, be taken as paid for the purpose of assessing any costs which the court directs to be paid.