The Belmont chronicle, and farmers, mechanics and manufacturers advocate. [volume] (St. Clairsville, Ohio) 1848-1855, 1853-06-24
TITLE XVII.
CHAPTER |.

Sec. 5i3 In all cases in which the plaintiff is non
residentofte county in which the action TO be
before commencing such action the plaintiff must fut.nsl
sufficient surety for costs. The surety must be resi-
den, OF the county where the action is to he brought
and approved by tile clerk His obligation shall be
petc simply by endorsing the mons, or signing h
name on the complaint security for costs lie shal
lc bound for the payment Of all COSTS viii may be ad
judged against the plaintiff in the ccurt, in which III,
action Is brought, or in any other TO which may be
carried, and for the costs of the plaintiffs witnesses
whether the plaintiff obtained judgment, or not.
Sec. 5i4. An action in which security for costs is
CURED by the last section, and has not been given shall
be dismissed on the motion and notice by the defendant
a. any proper time before Judgment unless in
bic time to be allowed by the court, such security for
Sec. 545 Ifthe plaintiff In an action, after its com.
nencenicnt, become non president OF the county in
which II is brought he shalt give security for costs in
the manner and under the restrictions provided in the
Two preceding sections.
Sec. 5i6 IN action in which security for has
peeh given, the defendant may al time before judg
ment, after rea sonabe notice TO the plaintiff, the
court for additional security the part OF the plaintiff
surety has removed from this State, suic lent,
the action may be dismissed unless in reasonable
10 be hred by The COURT sufficient security be given by
Sec. 5i7. Amer final Judgement has been rendered in
an action, In which security for costs has been given
required by this chapter the court, motion OF the de.
fendant any other person having right such costs
or any part thereof ser ten days notice of such notion
may eiiier up judgment in the of the defendant or
costs, his executors or for the amount
Oh costs adudsed against the plaintiff or so
as may lie unpaid. Eecuton may be issued such
judgment, as in other casos for the and benefit
persons entitled 10 such costs.
Sec JiS Ii any iniormer, under penal statute, to
whom the penalty, or any part thereof IL recovered, is
gven shall dismiss his suit or prosecution, or fail
IN the same, he shall all costs accruDg such suit
or prosecution, unless he be an officer whose duty IL is
TO commence the same. . a.. 80 ..
Sec. $40. Where defendants dsceim having any title,
or interest in land, other property, the subject
ofte action they shall their COSTS unless
special reasons, the court decide otherwise. .'...
Sec $50 Unless otherwise provided by statute, the
costs of motions, contnuances, amendments, and the
like shall 9e taxed and paid, the COURT in its dsee
tion may direct. &c.. . ...
Sec. 5l Where it Is not otherwise by this
and other statutes, costs shah be allowed OF course 10
the plaintiff upon Judgment in his favor in actions for
the recovery OF money only, for the recovery
cific real or personal property.
Sec. 5je If shall appear that Justice Of the peace
has Jurisdiction OF an action, anal the has been
brought in any other COURT the plaintiff shall not
costs and In all actions for he SANDER pros
criminal conversation, actions for nuisance
or against justice of the peace misconduct in oc
II the damages assessed he under five dollars plaintiff
shall not recover any costs.
Sec. 553 Costs shall he allowed of course, to any
defendant upon Judgment in his favor In the actions
mentioned in the lasttwO sections.
Sec, 554. IN other actions the court may award and
tax COSTS and apportion the between the parties
on the adverse sides, in lis discretion il may
thiuk right and equitable.
Sec. JJJ Where several actions are brought on one
instrument in writing airst parties, might
have been Joined defendants in the action, al.
lowed by section thirtyeight no COSTS shall he
cred by the plaintiff in more than of such actions
the parties proceeded against in the other actions
at the commencement OF the previous action, openly
within the State.
Sc. $50. When summons is issued TO another coun
~ than that in which the action proceeding pend
ing, may he returned by mail aud The sheriff shall be-
entitled to the fees as if the summons had issued in
the county OF which he is sheriff.