The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1848-03-04
the judge, duly served such party witness msy be
punished by the judge, as for = contempt.



SEQ 2ss All statutes, establishing or regulating the
costs fees Of attorneys In civil actions and
all s.tins snss and provisions Of law rs:,rotiss or
or COUNSEL for his compensation, are repealed and
hereafter the Of such compensation shall be left
But there may be allowed to thu prevailing party upon
the Judgment certain sums by way Of ier me
In the sction which allowances are IN th ACT
sec 2bs Costs shall be allowed Of to the plain
til upon recovery, In the following Gases;
l. In action for tho OF real property OF
when claim of title to real property arises ON the plead
ins is certified by the court to have come In ques
In an action to recover thu possession Of personal
property. . 80
court Of justice of the peecs has no Jurisdiction.
In all other actions where the plaintiff shall recover
SEQ $50 Costs shall be allowed Of course to the d.
PENDANT the provided in the last section unless
the plaintiff be entitled TO costs therein.
Sec 26l. In other actions costs may DO allowed or
mot, In the diecrstou Of tho court
sec as2 When allowed, the costs shall be as foows:-
For al tho pro.s.dins. before, .p.wsz.stnE
psps Or tailaEe - & aSl a :.
for trial, or to tho commencement Of tzial by re-
fsssss. dollar: - ......,,-u. =. -.
part to the first day Of the court 1t which the cause
placed On the ssl.ndar for trial. or to tho commence
;nt For hs srs Of shs issue, o, law a0'f'
To the plaintiR dollars.
To the defendant dollars.
T. For the trial Of the issues Of fact,
To the plaintiR dollars.
To the defendant, dollars.
TO either party on appeal excepting to the court OF
Before argument, dollars.
TO ether party, on appeal 70 the court of appeals.
Before argument, dollars.
After argument, dollars.
T. To either party for every circuit term at which
the necessary the salenda. reached
postponed, excluding that at which 1t is tried
SEQ asa In addition to these allowances If the action
be Tor the Of money OF OF real OF pro-
pery and trial have been had the court allow at
the rate of per cent the recovery claim as In
the next section prescribed for any amount not exceed
ing ave hundred dollars; and per cent for any add
SEQ 2s4 These rates shall be estimated as follows
II the plaintiff recover Judgment, 1t shall be upon
the amount Of money or the value OF the property re-
the defendant recover Judgment, 1t shall be upon
the amount Of money. or the value OF the property
claimed by the plaintiff
Where the aotion 10 real personal property, the
value thereof must be detsrmioed by the jury court
referees, by whom the action to tried
SEQ 265 When the judgment 10 for the recovery OF
money interest from the time of the verdict report
the clerk and added to tina Of the party entitled
thereto
sse ass The clerk shall insert in the entry Of juas
ment on the application of the prevailing party upon
two days notice to the other the OF the charges
for costs above provided and tbs necessary dsbuse
ents, allowed BY law including the compensation OF
referees and ths expense of prntiog the papers upon
any appeal The disbursements shall be stated in de-
M Tns fh' be h'a
% every trial, from the party bringing 1t on,
On entering Judgment dollars
He shall receive other fee for any service what
In civil action except for copies papers at the
rate OF FIVE cents for every hundred words
In addition to the above charges the clerk of the
peror court Of this city Of New York aud the clerk OF
n, oSprs OF pleas LOT tine cry and
York, dollsrs for the entry Of every Judgment
in place OF tho fees now charged for SERVICES Of the
judges Of those courts at chambers And hereafter
Zee shall be paid for any service Of judge OF either Of
these courts
Sec a6S The fees of referees shall be three dollars
each for day spent in the business Of the rsfe
renee; but the parties may sgree in wicg upon any
SEQ a6e whsn an application shall be mads to
court referees to postpone trial. the payment to the
adverse party of a sum not exceed.ng dollars,
Decides the fees Of witnesses be imposed as the
condition Of granting the postponcment.
Sec. $40. No costs shall be allowed on q motion.
TITLE Xi.
Sec All Wrs of and appeals in civil actions ~
they have heretofore existed abolished and the only
mode of reviewing Judgment order In civil action
shell b. that prescribed by this title
Sec 272 An order, made out Of court without notice
to the adverse party. may be vacated modified, with
notice, by the judge who it, may be vacated
modified notice. in the manner in which other mo
lions are made.
SEQ a7s Any party sssrieved may appeal in the ca'se
See 274 The party appealing shall be known the
appellant and The ADVERSE party the respondent But
the title OF the action shall not be changed in cons,
275. An appeal must be made by the service of
notice Ia writing the adverse party and the clerk
with whom the Judgment order appealed from is enter
ed, stating the appeal from the specified
part thereof
Sec a76 Upon the appeal allowed by the second and
third chapters Of this tile, being perfected the clerk
with whom tie notice Of appeal Is fled shall, at the
expense Of the appellant transmit to the APP
peas court certified copy of the notice of appeal and
Of the judgment roll.
Sec a77. Upon appeal from Judgment, the court
review intcrns date order involving the merits
and necessarily affecting tbs judgment.
Sec. as. Upon an appeal from Judgment or order,
the appellate court may reverse affirm or modify the
Judgment order appealed from, in the respect men
tened in the netice of appeal and may, If necessary or
proper, order new trial
chapters of this title must be taken within two
after the judgment
Sec $50 The appeal allowed by the fourth chapter Of
this title must be taken, within ten days after writ
notice of the judgment order shall have been given
to the party appealing
Sec 2s4 The appellant shall furnish the court with
copies Of the notice OF appeal and order or Judgment
roll II he fail to DO So the appeal shall be Dismissed
unless the court shall otherwise order
ITO be continued
The secretary OF War Relative 10 the well
known Fables OF Esop.
WAR DEPARTMENT,
Washington, January ~, ls47
Sir deem 1t proper to send 10 you letter (taken
from nswspapsr) which 6rst appeared in the New York
Morning Express, snd has since, matter OF course
General Gaines that the letter Is genuine. This infor
NATION. assured he had previously given TO others
AZ the letter vss not marked confidential" ne ad'
judged thst circumstances existed which justified the
publication OF part of r though be expresses an
opinion that 1t was not written With suoh . Wow
1t will ia short time BE- in possession Of enemy
coming, rs it does frou the General to whom the
conduct OF tho var. our part was confded it viii
convey most valuable information to tho Mexiosn
naneer cot only In relation TO present line OF
rstions, but TO the which alone, IN your
opinion, can be taken with prospect OF success II an
attempt IL to be made on the city OF Mexico.
The sclosure OF your views as to the future opera
tions OF forces accompanied it Is with your OPT
that the fruits OF the IL completely success
fn will be of lite worth us will IL IL greatly to be
fared, not only embarrAes Subsequent movements,
dslDcbe the to enter into negotiations for
peace. With particular reereoce to these effects, the
publication Is most deeply to be regretted
The s5oth paragraph OF the General Regulations OF
the Army published Msreh L. 1875 declares that pri-
vste letters reports relative to military marches and