The daily phoenix. [volume] (Columbia, S.C.) 1865-1878, 1870-08-20
SEC. 345. Costs in an action by tic

SEC. 347. Costs against assignee after
action brought. of cause of action.
SEC. 34S. Costs on settlement
SECTION 320. All statutes establishing
or regulating the costs or fees of attor.
neys, solicitors and counsel in civil ac-
tons are repealed; and hereafter the
measure Of such compensation shall be
lett to the agreement, express or implied.
OF the parties. But there may be allow
ed to the prevailing party, upon the
Judgment, certain sums, by why of in
demnity, for his expenses in the action.
which allowances are in this Act termed
costs.
Sec. $50. Costs shall be allowed of
course to the plaintiff, upon recovery,
IN the following cases.
l. In an action for the recovery of real
property, or when claim of title to real
property arises on the pleadings, or is
certified by the court to have como in
question at the trial.
z. In on action to recover the posses
sion Of personal property.
3. In the actions of which Court of
Trial Justice has no jurisdiction.
4. In nm action for the recovery of
money, where the plaintiff shall recover
fifty dollars. But in an action for as
sault, battery, false imprisonment, libel.
SANDER, malicious prosecution, criminal
conversation, or seduction, if the plain
till recover less than fifty dollars da-
IMAGES, he shall recover no moro costs
than damages. And in an action to re-
cover the possession of personal pro-
perty. if the plaintiff recover less than
hfty dollars damages, he shall recover no
more costs than damages, unless he re-
covers also property. the value of which,
With the damages, amounts to fifty dol
lars, or the possession of property be
adJudged to him, the value of Which,
with the damages, amounts to fifty dol
lars. Such value must be determined
by the Jury, court or referee by whom
the action is tried. When several actions
shall be brought on one bond, recogni-
zance, promissory note, bill of exchange
or other instrument in writing, or in any
other case, for the Same cause of action.
against several parties who might have
been joined as defendants in the same
action. no costs other than disbursements
shall be allowed to the plaintiff in more
than one OF such actions, which shall be
at his election: Prorided, That the party
or parties proceeded against in such
other action or actions shall, at the time
OF the commencement of the previous
action or actions, have been in this State
and not secreted.
SEC. 331. Costs shall be allowed Of
course to the defendant, in the actions
mentioned in the last Section, unless the
plaintiff be entitled to costs therein.
= SEC. 332. In other actions, costs may
be allowed, or not, in the discretion of
the Court.
In all actions where there are several
6afpn6onto nnf - :-k
making separate defences by separate
answers. and the plaintiff fails to recover
judgment against NIL, the court may award
costs to such of the defendants as have
judgment in their favor, or any of them.
In the following cases, the costs of an
appeal shall be in the discretion of the
court:
l. When new trial shall be ordered.
q When judgment shall bo affirmed
In part and reversed in part
Sec. 333. When allowed, except in
courts of Trial Justices, costs shall be
as follows:
l. To the plaintiff. for all proceedings
before notice of trial, in actions where
Judgment for failure to answer can be
taken without application to the court.
fifteen dollars; whore judgment can only
be taken on such application, twenty ve
dollars; for all proceedings after notice
of and before trial, fifteen dollars; for
each additional defendant served with
process, not exceeding ten, two dollars;
and for each necessary defendant in ex.
cess of that number, served with process,
one dollar.
2. To the defendant, for all proceed
ings before notice of trial, ten dollars;
and for all proceedings after notice of
and before trial, fifteen dollars.
8. To either party for the trial of an
ISSUE of law, twenty dollars; for every
trial of an issue of fact thirty dollars
and where the trial shall necessarily oc.
cnpy more than two days, ten dollars in
addition hereto.
4. TO either party, where new trial
shall be had for all proceedings after the
granting of and before such new trial
twenty five dollars; for attending upon
and taking the deposition of witness
conditionally, or attending to perpetuate
his testimony, ten dollars; for drawing
Interrogatoriest to annex to commission
for the taking of testimony, ten dollars;
tor attending the examination of party
before trial, ten dollars; for making and
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