breach of promise of marriage, if the plaintiff recovers less than fifty dollars damages, he shall recover no more costs and disbursements than damages; and in an action to recover the possession of personal property, if the plaintiff recover property or the value thereof, as established on the trial, and damages for the detention of the same, in all less than fifty dollars, he shall recover no more costs and disbursements than the sum of such value and damages. SEC. 511. When several actions shall be prosecuted for the same cause of action, against several parties who might have been joined as defendants in the same action, disbursements shall be allowed the plaintiff in each action if he prevail therein; but costs shall not be allowed such plaintiff in more than one of such actions, which shall be at his election, unless the party or parties prosecuted in such other action or actions shall at the time of the commencement of the previous action have been without the district or secreted therein. Costs in several actions on same cause. ant. SEC. 512. Costs are allowed of course to the defendant in the actions. Costs, when almentioned in section five hundred and eleven unless the plaintiff be lowed to defendentitled to costs therein; and when there are several defendants not united in interest, and making separate defenses by separate answers, costs shall be allowed or not to each of such defendants as if the action were commenced against him separately. Disbursements, SEC. 513. A party entitled to costs shall also be allowed for all necessary disbursements, including the fees of officers and witnesses, the when allowed. necessary expenses of taking depositions by commission or otherwise, the expense of publication of the summons or notices, and the postage where the same are served by mail, the compensation of referees, and the necessary expense of copying any public record, book, or document used as evidence on the trial. Costs and dis SEC. 514. In an action of equitable nature costs and disbursements bursements in an shall be allowed to a party in whose favor a judgment is given in like action of equitable manner and amount as in other actions, without reference to the nature. amount recovered or the value of the subject of the action, unless the court otherwise directs. SEC. 515. Every officer, witness, or other person required to do or perform any act or service for any party to any action or proceeding whatever shall be entitled to demand and receive from such party the compensation which the law allows therefor in advance; but a party to any action or proceeding in any court of justice in the district may, at his option, pay the fees of the officers thereof in advance or give such officers an undertaking with sufficient sureties therefor. The costs and disbursements which a party is entitled to recover from another may be collected by the execution to enforce the judgment as a part thereof. The fees secured to the officers of the court, or either of them, by any party to the judgment may be collected by an execution against the property of such party and that of his sureties in the undertaking therefor. Such officers' execution may issue in the name of the clerk as plaintiff in the writ and for the benefit of all officers of the court to whom fees are so due and secured, whenever an execution might issue to enforce the judgment at the instance of the prevailing party therein. SEC. 516. Costs and disbursements shall be taxed and allowed by the clerk. No disbursements shall be allowed any party unless he shall file with the clerk within five days from the entry of judgment a statement of the same, which statement must be verified except as to fees of officers. A statement of disbursements may be filed with the clerk at any time after five days, but in such case a copy thereof must be served upon the adverse party. A disbursement which a party is entitled to recover must be taxed, whether the same has been paid or not by such party. The statement of disbursements thus filed, and costs, shall be allowed of course unless the adverse party, within two Who liable for fees. Costs and disbursements, how taxed. When objections made. Appeal from alowance of costs. -effect of. Fees of referees. Costs on postponement, etc. Plea of tender costs. days from the time allowed to file the same, shall file his objections thereto, stating the particulars of such objections. SEC. 517. When objections are made to the claim for costs and disbursements, the clerk shall forthwith pass upon the same, and indorse upon the verified statement, or append thereto, the charges allowed or disallowed. Any party aggrieved by the decision of the clerk in the allowance of costs or disbursements may appeal from such decision to the court within five days from the date of such decision, by serving a notice of such appeal, and in what particulars, upon the adverse party or his attorney, which appeal shall be heard and determined by such court, or judge thereof, as soon thereafter as convenient. SEC. 518. Such appeal shall stay the proceedings as to the costs and disbursements to which the appeal is taken or relates, unless the respondent file with the clerk an undertaking, with one or more sureties, to the effect that if the decision of the clerk be reversed or modified he will make such restitution as the court or judge may direct. The sufficiency of the sureties in the undertaking may be excepted to by the appellant, and they may be required to justify in like manner and with like effect as in an ordinary undertaking for an appeal. SEC. 519. The fees of referees shall be four dollars per day to each for every day spent in the business of the reference, but the parties may agree in writing upon any other rate of compensation, and thereupon such rates shall be allowed. SEC. 520. Upon an application to postpone a trial, the payment to the adverse party of a sum, not exceeding ten dollars, as costs may be imposed by the court as a condition of granting the postponement; and in all cases where this code authorizes a court or judge to allow a party to do any act in an action or proceeding upon terms, such court or judge may, as a condition of such allowance, impose upon such party the payment of a like sum as costs. SEC. 521. When in any action for the recovery of money or damages and effect as to only the defendant shall allege in his answer that before the commencement thereof he tendered to the plaintiff a certain amount of money in full payment or satisfaction of the cause of action, and now brings the same into court and deposits it with the clerk for the plaintiff, if such allegation of tender be found true, and the plaintiff do not recover a greater sum than the amount so tendered, he shall not recover costs off the defendant, but the defendant shall recover them off him. Guardian of an SEC. 522. When costs or disbursements are adjudged against an infant plaintiff lia- infant plaintiff, the guardian by whom he appeared in the action shall be responsible therefor, as if he were the actual plaintiff in such action, and payment thereof may be enforced against him accordingly. ble. Costs where per son sues SEC. 523. In an action prosecuted or defended by an executor, adminorde istrator, trustee of an express trust, or a person expressly authorized fends in the right of another. by statute to prosecute or defend therein, costs shall be recovered as in ordinary cases, but such costs shall only be chargeable upon or collected off the estate, fund, or party represented, unless the court or judge thereof shall order the same to be recovered off the plaintiff or defendant personally for mismanagement or bad faith in such action or the defense thereto. Costs on review of inferior court. Costs in certain cases. SEC. 524. When the decision of any officer, tribunal, or court of inferior jurisdiction is brought before a court for review, such review shall, for all the purposes of costs or disbursements, be deemed an appeal to such court upon errors in law, and costs therein shall be allowed and recovered accordingly. SEC. 525. In all actions prosecuted or defended in the name and for the use of any public corporation in the district the public corporation shall be liable for and may recover costs in like manner and with like effect as in the case of natural persons. When the action is upon the information of any natural person, he shall be liable in the first instance for the defendant's costs; and such costs shall not be recovered from the United States until after execution issued therefor against such person and returned unsatisfied in whole or in part. costs. SEC. 526. The attorney of a plaintiff who resides out of the district, Security for or is a foreign corporation, against whom costs are adjudged in favor of the defendant, is liable to such defendant therefor; and if he neglect to pay the same upon the information of such defendant, shall be punished as for a contempt. The attorney may relieve or discharge himself from such liability by filing an undertaking at the commencement of the action, or at any time thereafter before judgment, for the payment to the defendant of the costs and disbursements that may be adjudged to him, executed by one or more sufficient sureties. qualification SEC. 527. The sureties in such undertaking shall possess the qualifications of sureties in an undertaking for bail on arrest, and their suf- of sureties. ficiency may be excepted to by the defendant at any time within five days from notice of filing the same, and if so, they shall justify in an amount not less than two hundred dollars, in like manner and with like effect as such sureties for bail on arrest. Until the time for excepting to the sufficiency of the sureties has expired, or if excepted to, until they be found sufficient, the attorney is liable as if no undertaking had been given. A deposit of two hundred dollars, or other sum which the court or judge may direct, with the clerk may be made in lieu of such undertaking. SEC. 528. A sum not exceeding five dollars as costs may be allowed to the prevailing party on a motion, in the discretion of the court, and etc. may be absolute or directed to abide the event of the action. In any action or proceeding as to which the allowance and recovery of costs may not be provided for in this title, costs may be allowed or not; according to the measure herein prescribed, and apportioned among the parties, in the discretion of the court. CHAPTER FIFTY-THREE. OF THE RECORDS AND FILES OF COURT. Costs on motion, Sec. 529. Records of court, what constitute. 530. Register, how kept. 531. Journal, what to be entered therein. 532. Judgment docket, how arranged. 533. Execution docket, how kept. 534. Fee book, what to be entered therein. Sec. 535. Final record, what to be recorded 536. Jury book, how kept. 537. Files of the court, what are. 538. Custody of the records and files. SEC. 529. The records of the district court are a register, journal, Records of court, judgment docket, execution docket, file book, jury book, and final what constitute. record. SEC. 530. The register is a book wherein the clerk shall enter, by Register, how its title, every action or proceeding commenced in, or transferred or kept. appealed to, the court whereof he is clerk, according to the date of its commencement, transfer, or appeal; and thereafter, until the entry of judgment, note therein, according to the date thereof, the filing or return of any paper or process, or the making of any order, rule, or other direction in or concerning such action or proceeding. Journal, what to SEC. 531. The journal is a book wherein the clerk shall enter the proceedings of the court during term time, and such proceedings in be entered therein. vacation as this code specially directs. SEC. 532. The judgment docket is a book wherein the judgments are Judgment dockdocketed, as elsewhere provided in this code. Each page thereof shall et, how arranged. be divided into eight columns, and headed as follows: Judgment debtors; Judgment creditors; Amount of judgment; Date of entry in journal; When docketed; Appeal, when taken; Decision on appeal; Satisfaction, when entered. Execution docket, how kept. SEC. 533. The execution docket is a book wherein the clerk shall note, under the title of every cause, the issue and return of execution, and generally the filing or return of any paper or process, or the making of any order, rule, or other direction therein, from and after the entry of judgment or decree until satisfaction or performance thereof. Fee book, what SEC. 534. The fee book is one wherein the clerk shall enter, under to be entered the title of every cause, against the party to which the service is rendered, the clerk's fees earned, and received or not received, and none other, except as specially directed by this code. therein. Final record, SEC. 535. The final record is a book wherein the clerk shall record what to be record- the papers, pleadings, and proceedings in a cause, as elsewhere provided in this code. ed therein. Jury book, how kept. Files of the court, what are. Custody of the records and files. Search and ex ords and files. SEC. 536. The jury book is one wherein the clerk shall enter the names of the persons attending upon the court at a particular term as grand or trial jurors, the time of the attendance of each, and when discharged or excused, and the amount of fees and mileage earned by each. SEC. 537. The files of the court are all papers or process filed with or by the clerk of the court in any action or proceeding therein or before the judge thereof. SEC. 538. The records and files of the court are to be kept in the clerk's office in the custody of the clerk, and he is responsible for them. They shall not be taken out of the office by anyone, except by the judge of the court, or an attorney thereof when allowed by special order of the court or judge, or some general rule therefor prescribed by the court and entered in the journal. SEC. 539. Whenever requested the clerk, upon being tendered legal amination of rec- fees therefor, shall furnish to any person a certified copy of any portion of such records or files, and no person other than such clerk is entitled to make such copy or to the use of the records or files for such purposes. Whenever requested the clerk shall search such records and files and give a certificate thereof according to the nature of the inquiry. Parties to special Sec. CHAPTER FIFTY-FOUR. GENERAL PROVISIONS CONCERNING SPECIAL PROCEEDINGS. Sec. 540. Parties to special proceedings, how 541. Judgments, orders, and motions. designated. SEC. 540. The party prosecuting a writ of review, writ of mandamus, proceedings, how writ of habeas corpus, or a proceeding for contempt shall be known as designated. the plaintiff, and the adverse party as the defendant. Judgments, or- SEC. 541. A judgment in a special proceeding is the final determinaders, and motions. tion of the rights of the parties therein. The definition of a motion and an order in an action are applicable to similar acts in a special proceeding. CHAPTER FIFTY-FIVE. OF THE WRIT OF REVIEW. Sec. 542. Writ of certiorari to be known as writ of review. 543. Who may prosecute. Sec. 547. To whom directed. 548. Stay of proceedings; when returnable. 544. By whom allowed and how applied 549. When and by whom writ issued; for. 545. When allowed. 546. Undertaking of plaintiff. how served. 550. Incomplete return; limitation of writ. 551. Power of court to review. Writ of certio- SEC. 542. The writ formerly known as the writ of certiorari is rari to be known known in this title as the writ of review. as writ of review. Who may prose cute. SEC. 543. Any party to any process or proceeding before or by any inferior court, officer, or tribunal may have the decision or determina tion thereof reviewed for errors therein as in this chapter prescribed. Upon a review, the court may review any intermediate order involving the merits necessarily affecting the decision or determination sought to be reviewed. SEC. 544. The writ shall be allowed by the district court or judge By whom althereof, upon the petition of the plaintiff, describing the decision or lowed and how determination sought to be reviewed with convenient certainty, and applied for. setting forth the errors alleged to have been committed therein. Such petition shall be signed by the plaintiff or his attorney, and verified by the certificate of an attorney of the court, to the effect that he had examined the process or proceeding and the decision or determination therein, and that the same is erroneous, as alleged in the petition. SEC. 545. The writ shall be allowed in all cases where there is no When allowed. appeal or other plain, speedy, and adequate remedy, and where the inferior court, officer, or tribunal in the exercise of judicial functions appears to have exercised such functions erroneously, or to have exceeded it or his jurisdiction, to the injury of some substantial right of the plaintiff. SEC. 546. Before allowing the writ, the court or judge shall require Undertaking of the party applying therefor to give an undertaking, with one or more plaintiff. sureties, subject to its or his approval, in the amount to be fixed by it or him, conditioned that he will perform the judgment or decision sought to be reviewed in case the district court shall so order, and judgment may be given by said court against the applicant and his surety or sureties in case the judgment or decision sought to be reviewed shall be affirmed for the amount thereof, and the costs of said proceeding. To whom di SEC. 547. The writ shall be directed to the court, officer, or tribunal whose decision or determination is sought to be reviewed, or to the rected. clerk or other person having the custody of its records or proceedings, requiring it or them to return the writ to the district court, within a time therein specified, with a certified copy of the record or proceedings in question annexed thereto, that the same may be reviewed by such district court, and requiring the defendant to desist from further proceedings in the matter to be reviewed. SEC. 548. The words in the writ requiring the stay of proceedings. Stay of proceedmay be inserted or omitted in the discretion of the court or judge ings; when returnissuing the same, and the proceedings shall be stayed or not accord- able. ingly. The writ shall be made returnable at the next term of the district court, or in vacation, and if the latter, the same may be tried and judgment given therein, by the judge thereof, in like manner and with like effect as in term time. When and by how served. SEC. 549. Upon the filing of the order allowing the writ, and the petition and undertaking of the plaintiff, the clerk shall issue the writ, whom writ issued; according to the direction of the order. The writ shall be served by delivering a copy of the original to the opposite party in the action or. proceeding sought to be reviewed, at least ten days before the return of the original writ, and may be served by an officer or person authorized to serve a summons, who shall indorse on the original writ the manner of service thereof. Incomplete re SEC. 550. If the return to the writ be incomplete, the court may order a further return to be made. In no case shall a writ be allowed turn; limitation of unless the application therefor be made within six months from the writ. date of the decision or determination complained of. SEC. 551. Upon the review the court shall have power to affirm, Power of court modify, reverse, or annul the decision or determination reviewed, and, to review. if necessary, to award restitution to the plaintiff, or, by mandate, direct the inferior court, officer, or tribunal to proceed in the matter reviewed according to its decision. From the judgment of the district court on review an appeal may be taken in like manner and with like effect as from a judgment of such district court in an action. SUP R S VOL 2– -86 |