40. If the amount awarded be greater than the amount tendered, the Minister shall pay the costs of arbitration, but, if it be not greater, the costs shall be paid by the person who refused the tender.
Such costs shall, in either case, be taxed by a judge of the Superior Court.
Whenever the claimant is represented or assisted by an advocate before the arbitrators, fees shall be taxed and allowed such advocate as in a contested case in the Superior Court or the Provincial Court, according to the amount awarded.
R. S. 1964, c. 138, s. 40; 1965 (1st sess.), c. 17, s. 2.