, 1854-07-08


ment of the action he rendered to the plain
tiff the full amount to which he was enti-
tied, in such specie as by agreement ought
to be rendered, and thereupon brings into
court for the plaintiff, if in money, the
amount so rendered, aud the allegation
be found true, the plaintiff shall not recov-
er costs, but shall pay them to the defend
ant
Sec. 379 Ifthe defendant in any action
pending shall at any time deposit with the
clerk of the court, for the plaintiff, the
amount which he admits to be due, togeth-
er with all costs that have accrued, and no.
tify the plaintiff thereof, and such plaintiff
shall refuse to accept the same in discharge
of the action, and shall not afterwards re-
cover larger amount than that deposited
with the clerk, exclusive OF interest and
cost, be shall pay all costs that may accrue,
from the time suchmoney was so deposited.
Sec. $50. In all civil actions tried be-
fore justice of the peace, in which an ap-
peal shall be taken to the district conrt,
and the party appellant shall not recover a
more favorable Judgment in the district
court than before the justice Of the peace,
such appellant shall pay all costs accruing
after the appeal.
Sec. 3Sl. When costs are adjudgcd
against an infant plaintiff, the guardian or
person by whom he appeared in the action,
shall be responsible therefor, and payment
may be enforced by execution.
Sec. 3S2. In an action prosecuted or
defended by an executor, administrator,
trustee of an express trust, or a person ex-
pressly authorized by statute, costs shall be
recovered as in an action by or against a
person prosecuting or defending in his own
right, but such costs shall be chargeable
only upon or collected off the estate of the
party represented, unless the court shall di-
rect the same TO be paid by the plaintiff or
defendant personally, for mismanagement
or bad faith in such action or defence.
Sec. 1888. When the cause of action af-
ter the commencement of the action by as
signment, or in any other manner becomes
the property of person not party thereto,
and the prosecution or defence IS thereafter
continued, such person shall be liable to the
costs in the same manner as if he were o
party, and payment thereof may be enforced
by attachment.
Sec 1884, In all actions prosecuted in
the name and for the use Of the territory,
or in the name and for the use Of any coun-
ty, the territory or county shall be liable for
costs in the same cases and TO the same
extent as private parties.
IUIo, h, 1aotEsnr nf nttrt
of inferior jurisdiction in an action or spe-
cial proceeding is brought before the su-
preme court, or district court, for review,
such proceedings shall for purposes of costs
be deemed an action at issue upon qhes-
ton of law from the time the same is
brought into the supreme court, or district
court, and costs thereon may be awarded
and collected in such manner as the court
shall direct, according to the nature of the
case.
Sec. 1885, In the following cases the
costs of an appeal to the supreme court
shall he in the discretion of the court
lst When new trial shall be ordered.
3D. When judgment shall be affirmed
in part and reversed in part.
Sec. 3S1. In all other actions and pro-
ceedings than those mentioned in this chap
ter, where no provision is made for the re-
covery Of costs, they may be allowed or
not, and if allowed may be apportioned be-
tween the parties in the discretion of the
court.
Sec. 3SS. Any party aggrieved by the
taxation of costs by the clerk Of the court,
may upon application have the same re-
taxed by the court in which the action or
proceedings is had.
Sec 9S9 When the plaintiff in an ac-
ton resides out of the county, or is a for
eign corporation, security for the costs and
charges which may be awarded against such
plaintiff may be required by the defendant.
When required, all proceedings in the ac-
tion shall be stayed until bond executed
by two or more persons be fled with the
clerk, conditioned that they will pay such
costs and charges as may be awarded
against the plaintiff by judgment, or in the
progress of the action, not exceeding the
sum Of two hundred dollars. A new or ad-
ditional bond may be ordered by the court,
or judge, upon proof that the original bond
is insufficient security, andproceedings in the
action stayed until such new or additional
bond be executed and filed. The plaintiff
may deposit with the clerk the sum Of two
hundred dollars in lieu of bond.
[ro BE CONTINUED.