, 1854-07-08


name Of plaintiff who has no real inter
est in the contract upon which the action
is founded, so much Of demand existing
against those whom the plaintiff represents,
or for whose benefit the action is brought
may be set off as will satisfy the plaintiff
debt, if the same might have been set off
in an action brought by those benefcially
interested.
Sec. 36I. In actions brought by execu-
tors and administrators, demands against
their testators and inteStates and belonging
10 defendant at the time Of their DEATH
may be set off by the defendant in the same
manner as if the action had been brought
by and in the name of the deceased.
Sec. 1862. When set off shall be es-
tablished in an action brought by executors
or administrators, and balance found due
to the defendant, the judgment rendered
thereto against the plaintiffs shall have
the same effect as if the action had been
originally commenced by the defendant
Sec. 1863. In actions against executors
and administrators and against trustees
and others sued in their representative
character, the defendants may set of de
mands belonging to their testators or iutes-
tates or those whom they represent, in the
same manner as the persons so represented
would have been entitled to set of the same
in an action against them
Sec. 364. To entitle q defendant to o
set of, he must set the same forth in his an
swer.
Sec. 365. II the amount of the set off
duly established, be equal to the plaintiff S
debt or demand, judgment shall be entered
that the plaintiff take nothing by his ac-
ton; If it be less than the plaintiff IS debt
or demand, the plaintiff shall have judg-
ment for the residue only.
Sec. $3.50. If there be found balance
due from the plaintiff in the action to the
defendant, Judgment shall be rendered in
favor of the defendant for the amount there
Of, bat no such Judgment shall be rendered
against the plaintiff, when the contract
which is the subject of the action shall have
been assigned before the commencement
Of such action, nor for any balance due from
any other person than the plaintiff in the
action.
COSTS IN CIVIL ACTIONS.
Sec. 367. The measure and mode of
compensation Of attorneys and counsellors
shall be left to the agreement express or
implied of the parties, but there may he
allowed to the prevailing party upon the
Judgment, certain sums by way Of indemni-
ty for his expenses in the action, which al
lowances are termed costs.
Sec. 96S. Costs shall be allowed the
party in whose favor the Judgment is rem
dered, except as is otherwise provided by
law.
Sec 800. The plaintiff shall not be en-
titled to costs in any action within the ju-
risdction Of justice of the peace, which
shall be commenced in the district court,
where the recovery is for less amount
than one hundred dollars.
Sec. $40. In an action for an assault
or an assault and battery, or for false i'm
prisonmeut, libel, SANDER, malicious prose-
cution, criminal conversation or seduction,
If the plaintiff recover less than ten dollars,
he shall be entitled TO no more costs or dis
bursements than the damages recovered.
Sec. 371. When several actions are
brought on one bond, undertaking, prom
isory note, bill Of exchange or other instru-
ment in writing, or in any other case for
kut odAlC ChuSC VI hIllOu dkdluol bcNtTdl
partirs, who might have been joined as de-
PENDANTS in the same action, no costs or
disbursements shall be allowed TO the plain
tiff in more than one of such actions, which
may be at his election, if the parties pro-
ceeded against in the other actions were,
at the commencement of the previous ac-
ton, openly within this Territory.
Sec. 372. In all cases where costs and
disbursements are not allowed to the plain
tiff, the defendant shall be entitled to have
judgment in his favor for the same.
Sec. 313. In all actions where there
are several defendants, not united in inter
est. and making separate defences by sep
-arate answers, and the plaintiff fails TO re-
cover judgment against all, the court may
award costs to such of the defendants as
have judgment in their favor, or any of
them.
Sec. S74. When allowed to either party,
costs shall be as follows
lst. In all actions settled before issue is
Joined, FIVE dollars
I'd. In all actions where judgment is
rendered without jury, ten dollars
3D.. In all actions where Judgment is
rendered after empanneling jury, fifteen
dollars;
"a 4th. In all actions removed to the su-
preme court and settled before argument,
ten dollars H.
5th. In all actions when Judgment is
= rendered in the supreme court after argu-
ment, fifteen dollars.
Sec. S75. The prevailing party, in ad-
dition TO the allowance for costs as provi-
ded in the last section, shall also be allowed
for all necessary disbursements, including