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shall recover his costs from the former, and the latter shall recover their costs against the plaintiff. (a)

ble actions.

§ 13. In actions in equity, the party succeeding, on the Costs in equita- merits or otherwise, shall recover his costs, except against nominal defendants; but when the plaintiff succeeds against a part of the defendants, he shall recover his costs against Nominal parties. Such only. Defendants who are necessary nominal parties, and against whom the complainant does not succeed, shall not recover their costs, but each party shall be decreed to pay his own costs. Defendants who are not necessary parties shall recover their costs. But in actions between ten- parceners, tenants in common, joint tenants, and for setthing the distribution and division of deceased persons' estates, and to settle partnerships, and to settle or enforce trusts, courts shall have a judicial discretion in regard to

Parceners,
etc., and settle

ants in common,

ment of estates & partnerships.

costs.

not

Defendants necessary parties shall recovercosts

§14. Garnishees who make only a just defense shall not be adjudged to pay costs, but shall be allowed costs without attorney's fees.

15. The party prosecuting an appeal to a court inferior to the Court of Appeals shall recover his costs on the same,

1 R. S., 290. Costs on appeals

to inferior courts. if he succeed in whole or in part in reversing the decision

of the inferior court. If the decision of the inferior court be affirmed, the appellee shall recover his costs. If the decision of the inferior court be reversed as to part of the appellees and affirmed as to others, the appellant shall recover his costs against the appellees as to whom the case shall be reversed, and shall be adjudged to pay those as to whom it is affirmed their costs.

1 R. S., 289. Garnishees.

§ 16. If the defendant, before an appeal is taken, tenders Tender on appeal to the plaintiff the amount he is willing to pay, and the same shall be refused, and the amount recovered upon the appeal shall not exceed the amount tendered, the original plaintiff, if he is the appellant, shall not recover his costs, but shall pay the costs in the court trying the appeal; but if the decision on such appeal is more favorable to the party prosecuting the same than the decision of the inferior tribunal, and for more than the amount tendered, he shall have costs. § 17. A personal representative, plaintiff or defendant in

1 R. S., 291. Personal repre

sentative to pay any action, shall, if unsuccessful, be adjudged to pay costs

costs.

(a) The party who succeeds in the action, how small soever the recovery may be, is entitled to judgment for cost. (Brandies vs. Stewart, ▾ Metcalfe, 396.)

as other litigants. The judgment for costs in such case shall only be against the assets which have or may come to his hands.

friend, &c.

§ 18. A next friend or relator on a bond shall, upon fail- Prosecutor, next ure in the action, be adjudged to pay the defendant his costs. If the plaintiff succeed, the next friend or relator shall be adjudged his costs against the defendant.

§19. When an injunction shall be dissolved, the plaintiff On injunctions. shall pay the costs occasioned by the same, unless otherwise adjudged by the court.

$20. When a party to an action shall obtain further time to plead or to amend his pleadings, the court shall adjudge him to pay the costs occasioned thereby.

§ 21. Any person applying for a passway or to erect a Passway or gate. gate, or to discontinue a passway or remove a gate, whether successful or not, shall pay the costs of the procedure in the inferior court.

Party obtaining

further time shall

pay costs.

to remove officer.

§ 22. Any person who shall take steps in any court to On proceedings remove any officer from office, and fail in so doing, shall pay such officer his costs expended in the defense of such procedure. If the officer shall be removed by such procedure, then the person instituting and carrying on the same shall be adjudged his costs against such officer.

§ 23. When by any procedure a cause shall be taken from one tribunal to another, and the latter shall give final judgment, and proceed to execute the same without remanding the cause to the inferior tribunal, the court rendering such final decision shall adjudge costs agreeably to the provisions of this chapter, and issue execution therefor.

Taxation of costs

§ 24. The clerk of each court, and judges who act as 1 R. S., 292. their own clerks, shall, after the termination of an action, or any other procedure therein, tax the costs of the successful party on a paper filed among the other papers in the cause, for the inspection of the parties, which taxation shall be subject to revision and correction by the court, by rule or motion, due notice thereof being first given.

on continuance.

$25. When a cause is continued at the cost of either Taxation of costs party, a like taxation of the costs of that term shall take place and be subject to the same revision and correction.

§ 26. A motion or rule of court shall be considered an action; but when made in a pending suit or action, an attor

Costs adjudged final decision.

by court giving

Motion tion.

or rule considered an ac

New trial.

Alimony and di

vorce.

I R. S., 293. When either party is insolvent.

ney's fee shall not be recovered as a part of the costs of the motion or rule.

§ 27. The party to whom a new trial is granted, upon the payment of costs, shall, within forty days thereafter, pay the costs of the former trial. If he fail to pay the same within said time, the court may, upon motion of the opposite party, made within three days after the commencement of the next regular term, set aside the order granting a new trial, and enter judgment on the verdict rendered in the case.

§ 28. In actions for alimony and divorce the husband shall pay the costs of each party, unless it shall be made to appear in the action the wife is in fault, and has ample estate to pay the same. (a)

§ 29. Whenever either party to an action is insolvent, or in doubtful circumstances, and such party shall recover a judgment for the costs of the action, or for a continuance, the court, on motion of any person interested, shall indorse the costs so recovered, or so much thereof as may be necessary, for the benefit of the officers and witnesses who shall have rendered service in the action, so far as the same are embraced in the judgment then rendered, and they shall be entitled to so much of the costs as will satisfy their fees. The indorsement shall secure the officers and witnesses a preference to all transfers, set-off, or attorney's lien. The indorsement shall be copied on the execution that issues for the costs, and shall show what part each officer and witness is entitled to, and authorize each to receive the amount so indorsed.

§ 30. In proceedings by habeas corpus, the judge or court Habeas corpus. before whom the same shall be returned may award costs to be paid, including pay for transporting the prisoner, as shall seem right.

31. In the settlement of insolvent estates, a party who

insolvent estates.

In settlement of shall present a claim against the estate of the deceased which is not allowed shall pay the costs occasioned thereby, except an attorney's fee. No attorney's fee shall be allowed any claimant in any case against an insolvent estate.

(a) In an action by wife against husband for a divorce, the allowance to her attorney for his fee must be made by the court, and taxed as cost, else the husband cannot be compelled to pay it. No suit, therefore, against the husband, by the attorney of the wife, can be maintained. It is, however, otherwise in an action for alimony, or to require him to keep the peace toward her. (Williams vs. Monroe, 18 B. M., 484.)

1

$ 32. Clerks shall tax one attorney's fee only in the bill of costs of the successful party at the termination of the cause, and the tax on process and all fees of officers which the party appears to be chargeable with in the case including postage on depositions. One copy of any of the pleadings R. S., 294or exhibits obtained shall be taxed as costs, and the costs of any copies made exhibits; also, the allowance to witnesses, which the court may, by order, confine to not exceeding two to any one point.

$33. No attorney's fee shall be taxed in any court, if the amount in controversy, exclusive of interest and costs, does not exceed fifty dollars.

I

34. If an action be dismissed for want of jurisdiction, R. S., 295: S. it shall be at the cost of the party in error.

A., Feb. 9, 1858. Costs for want of jurisdiction.

In Court of Ap

peals, costs

in

$ 35. On a reversal of a judgment in the Court of Appeals of this State, the appellant shall recover of the appellee such costs as the judges in their discretion shall award.

discretion of the

court.

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Attorney's fees

postage copies

made exhibits,

etc.

3. If any person shall fail to give to the assessor a list of tithables in his family, including himself, after being required so to do, shall, upon a proceeding similar to that provided in case of failure to give in a list of property subject to taxation, be subjected to the payment of three times the amount of the levy imposed in the county for that year.

If less than $50,

no attorney's fee

to be taxed.

ARTICLE I.

How and upon whom imposed.

295.

Who tithable.

§ 1. All male persons over twenty-one years of age shall R. S., be chargeable for levies imposed for county purposes. The county court authorized to impose levies may exempt persons on account of age, infirmity, or other charitable reasons, from the payment of the county levy.

§ 2. The assessor of tax in each county shall, at the time he assesses the taxable estate of any person who is tithable, require of him to furnish the names of all others in his family who are tithable.

Assessor shall re

quire the names

of others in the

family who are tithable.

Penalty for refalse list.

fusing or giving

But if the failure resulted from sickness or absence, the person failing shall be exempt from the additional levy, provided he does return his list to the county court before judgment for such failure, and pay all cost that may have accrued. The assessor shall return no person a delinquent under the provisions of this section until he has called at his residence, or made a personal application for his list.

§ 4. The assessor, at the time he returns his book to the clerk of the county, shall give in to said clerk his own list. his own list to If he fail, he shall be subject to the penalties above pre

I R. S., 296.

Assessor to give

clerk.

scribed.

I R. S., 296. Levy not to exceed $3.

The amount to be

paid each indi

§ 2. At the time when the county court imposes the levy, What shall be the claims against, and the expenses legally incurred by, said

stated on the order-book.

county, and chargeable upon the county levy, to whom and for what due, shall be stated on the order-book of said court; also, the amount of all moneys or credits on hand, or due or owing the county, applicable to the payment of the demands against the county, shall be ascertained and stated on the record, from which there shall, immediately after the adjourn ment of court, be made by the clerk a statement, in tabular form, showing the debts and assets of the county, the allowances by the court, to whom, and for what purpose made. This statement the clerk shall cause to be inserted in some newspaper published in the county, or, if there be none, then to be printed in handbill form, and distributed among the citizens of the county.

vidual to be stat

ed.

Sheriff to collect, and to give bond with surety.

ARTICLE II.

Mode of collecting and accounting for county levy.

1. The county levy shall not exceed three dollars on each tithable in any one year. If a sum be due by the county greater than can be met by a levy limited to three dollars in any year, the same shall be divided into installments, and payment provided for in the subsequent annual county levies.

§ 3. For any balance due by the county the court shall assess on the tithables, equally, a sum sufficient to pay, including the expenses of collection, subject to the limitations in the first section of this article. The court shall specify in its orders the amount to be paid to each individual county creditor.

§ 4. The sheriff, by virtue of his office, shall be collector

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