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amount of his taxed bill of costs, in the discretion of the Court.

prosecute Writ of

10 Wend., 574.

(5614.) SEC. 19. The Court to which any writ of error may Neglecting to be returnable, or to which any appeal may be made, may Error or appeal. award costs against the party neglecting to file such writ, or the transcript of the record intended to be removed thereby, or neglecting to file such appeal, and the pleadings and proceedings appealed from, according to law, and the rules of the Court; and may also award costs against either party for any discontinuance or default.

ges on appeals

Probate Courts.

(5615.) SEC. 20. Upon appeals from Probate Courts to a Costs and damaCircuit Court, and from the Circuit Courts to the Supreme from Circuit and Court, costs shall be paid by the appellant or respondent, as 11 wend., 530. shall be directed by the Court to which the appeal is made; and upon affirming any sentence, determination or decree, or upon the appeal being discontinued or quashed, the Court may, in its discretion, award damages for the delay and vexation caused by such appeal.

manding notice of

(5616.) SEC. 21. Whenever a cause shall be noticed for trial Costs on counterby the plaintiff, and such notice be countermanded, the defen- trial. dant shall be entitled to all the costs actually and in good faith incurred by him, previous to the service of such countermand. (5617. SEC. 22. In all civil suits and proceedings by or in Liability of the the name of the People of this State, instituted by any officer duly authorized for that purpose, and not brought on the relation, or for the use of any citizen, or upon any penal statute, the People shall be liable for costs in the same cases, and to the same extent, as if such suit or proceeding was instituted by an individual.

costs.

(5618.) SEC. 23. When a suit or proceeding shall be instituted Relators liable for in the name of the People of this State, on the relation of any citizen, such relator shall be entitled to and liable for costs, in the same cases, and to the same extent, as if such suit or proceeding had been instituted in his own name.

Mandamus, etc.

(5619.) SEC. 24. In suits and proceedings upon. writs of Costs on Writ of mandamus, the Supreme Court may, in its discretion, award 10 Wend., 599. or refuse costs to any party therein; and upon refusing an alternative or peremptory mandamus, the Court may award costs to be paid by the party applying for such mandamus.

ment.

(5620.) SEC. 25. In proceedings by attachment, to enforce Costs on Attachor protect the civil rights or remedies of parties, or for the non-payment of any sum of money, costs shall be awarded to be paid by the offending party.

In suits brought in name of another.

7 Wend., 497. 10 do. 622.

When security may be required.

9 Wend., 462.

Security after suit brought.

Order for security, etc.

9 Wend., 482.

given.

Wend., 482.

(5621.) SEC. 26. When any action shall be brought in the name of another, by an assignee of any right of action, or by any person beneficially interested in the recovery in such action, such assignee or person shall be liable for costs in the same cases, and to the same extent, in which a plaintiff would be liable, and the payment of such costs may be enforced by attachment in all cases where judgment is not by law required to be rendered therefor against such assignee or person interested.

(5622.) SEC. 27. When a suit shall be commenced in any Court:

1. For or in the name of the Trustees of any debtor; or: 2. For or in the the name of any person being insolvent, who shall have been discharged from his debts pursuant to law, brought for the collection of any debt contracted before the assignment of his estate; or:

3. For or in the name of any person committed in execution for a crime; or:

4. In the name of any infant whose next friend has not given security for costs;

The defendant may require such plaintiff to file security for the payment of the costs that may be incurred by the defendant in such suit.

(5623.) SEC. 28. If, after the commencement of a suit, all the plaintiffs shall become insolvent, and be discharged as aforesaid, or be sentenced to imprisonment in the State prison for any term less than for life, the defendant may also require such security to be filed.

(5624.) SEC. 29. The order to file such security, and that all proceedings on the part of the plaintiff be stayed, until such security be filed and the sureties shall justify, if excepted to, may be made by the Court in which the action is pending, or by any Judge thereof or Circuit Court Commissioner in vacation, upon due proof, by affidavit, of the facts entitling the defendant thereto.

How security (5625.) SEC. 30. Such security shall be given in the form of a bond, in a penalty of at least one hundred dollars, with one or more sufficient sureties, to the defendant, conditioned to pay, on demand, all costs that may be awarded to the defendant in such suit.

Bond to be filed.

(5626.) SEC. 31. Such bond shall be filed with a Clerk of the Court in which the action is pending, and notice thereof be given to the defendant or his Attorney.

sureties.

(5627.) SEC. 32. Within twenty days after the service of Exception to such notice, the defendant may except to the sufficiency of the sureties, by giving notice of such exception to the plaintiff's Attorney.

sureties, etc.

(5628.) SEC. 33. Within twenty days after such notice of Justifying by exception, the sureties shall justify, by an affidavit, that they are worth double the penalty of such bond, over and above all debts; of which affidavit a copy shall be served on the defendant or his Attorney; and such justification shall operate to discharge the order to stay proceedings.

TAXATION OF COSTS.

taxed in Supreme

(5629.) SEC. 34. Costs in the Supreme Court shall be taxed By whom costs by one of the Justices or a Clerk thereof, and by such other Court. officers as the Supreme Court shall, by general or special order, designate for that purpose; and upon such notice to the opposite party, as shall be prescribed by the general rules of the Court.

in Circuit Courts.

(5630.) SEc. 35. Costs in the several Circuit Courts may be By whom taxed taxed by any officer authorized to tax costs in the Supreme Court, by Circuit Court Commissioners or the Clerks of the said Circuit Courts respectively, and upon the like notice as shall be required in the Supreme Court.

taxed.

(5631.) SEC. 36. Upon the settlement of an execution by a When fees to be defendant, or upon settling any suit or demand, the Sheriff or Attorney claiming any fees which shall not have been taxed, shall, upon being required by the defendant, and on his paying the expenses thereof, have his fees taxed by some proper officer authorized to tax costs in the Court in which the suit may be pending; or from which the execution shall have been issued.

ed until taxed.

(5632.) SEC. 37. No Sheriff or Attorney shall collect any Not to be collectfees, after having been required as aforesaid to have the same taxed, without such taxation having been made.

foreclosure of

(5633.) SEC. 38. The costs and expenses of foreclosing any Taxing costs of mortgage by advertisement, shall be taxed by some officer Mortgage. authorized to tax costs in a Circuit Court, upon the requisition of any party liable to pay the same, and upon such party paying the expense thereof.

officers.

(5634.) SEC. 39. Every officer authorized to tax costs in any Duties of taxing Court for services rendered in any proceeding authorized by law, shall examine the bills presented to him for taxation,

to be proved.

whether such taxation be opposed or not, and shall be satisfied that the items charged in such bill are correct and legal; and shall strike out all charges for services, which, in his judgment, were not necessary to be performed.

Certain charges (5635.) SEC. 40. When there shall be charges in a bill of costs for the attendance of any witness, or for copies or exemplifications of documents or papers, or for any other disbursements, except to officers for services rendered, such charges. for witnesses shall not be taxed without an affidavit stating the distance they respectively traveled, and the days they actually attended; and such charges for copies shall not be taxed without an affidavit that such copies were actually and necessarily used, or necessarily obtained for use; nor shall such disbursements be allowed without an affidavit specifying the items thereof particularly, nor unless they appear to have been necessary and reasonable in amount.

Evidence of right to costs, etc., in certain cases.

6 Wend., 555.

(5636.) SEC. 41. If, upon the trial of any cause, the plaintiff's claim shall be reduced by set-off, or any other fact shall appear which will entitle either party to costs, or to double costs, the Judge holding the Court shall, on the application of either party, either before or after verdict rendered, cause an entry to be made in the minutes of the Court, specifying that such fact appeared; and no evidence shall be received by any taxing officer of such matter, other than a certified copy of such minutes, or the certificate of the Judge who tried the

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OF THE FEES OF CERTAIN OFFICERS IN CIVIL CASES.

SECTION

5636. Allowance of Fees.

5637. Fees of Clerks of the Circuit Courts.

5638. Of Clerks of the Supreme Court.
5639. Of Masters in Chancery.

5640. Of Commissioners to take Testimony.
5641. Of Registers in Chancery.

SECTION

5642. Of Circuit Court Commissioners and other

officers authorized to perform certain duties.

5643. Of Judges of Probate.

5644. Of Executors and Administrators.
5645. Of Witnesses.

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fees.

(5637.) SECTION 1. For the services mentioned in this chap-Allowance of ter, hereafter done or performed in the several Courts in this 1840, p. 182, etc State, by the officers thereof, or in any proceeding authorized by law, the fees hereinafter prescribed shall be allowed.

FEES OF CLERKS OF THE CIRCUIT COURTS.

Circuit Courts.

(5638.) SEC. 2. The fees of the Clerks of the Circuit Courts, Fees of Clerks of and Clerks of Counties, for any services herein specified, to be rendered by them respectively, shall be as follows:

For issuing and sealing every writ when filled up by the Clerk, twenty-five cents; and each exemplification or certifi cate, when required, twelve cents;

Entering the return of every writ, and filing such writ, twelve cents;

Entering an appearance, retraxit, discontinuance, non-suit or default, twelve cents;

Entering every rule in term, founded on motion, twelve cents for each folio;

Entering every other rule, not exceeding two folios, six cents for each folio, and for every additional folio, four cents;

For certified copies of rules, the same fees as for entering such rules;

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