The daily phoenix. [volume] (Columbia, S.C.) 1865-1878, 1870-08-21
CODE OF PROCEDURE. Continued.

P".n'i uDoil tue reCoVeTy Oh JuuBmcnG
by him in any action for tho partition of
real property, or for the foreclosure of q
mortgage, or in any action in which q
warrant Of attachment has been issued,
or for an adjudication upon will or
other instrument of writing, and in pro-
ceedings to compel tho determination of
claims to real property, tho sum of ten
per cent. on the recovery, rs in the next
section prescribed, for my amount not
exceeding two hundred dollars; IN addi-
tlonal sum of five per cent. for any adj
dItlonal amount not exceeding four hun
dred dollars, and on additional sum of
two per cent. for any additional amount
not exceeding one thousand dollars.
And i'll the actions above named, if the
same shall be settled before Judgment
therein, like allowances upon the amount
paid or secured upon such settlement, at
one-half the rates above specified.
SEC. 335. These rates shall be esti-
mated upon the value of the property
claimed or attached or affected by the
adjudication upon the will or other in
strument, or sought to be partitioned or
the amount found due or unpaid upon
the mortgage in an action for foreclosure.
And whenever it shall be necessary to
apply to the Court for an order enforcing
the payment of an instalment falling due,
after Judgment in an action for fore
closure, the plaintiff shall be entitled to
the rats OF allowance in the last section
prescribed, but to no more in the aopre-
gate than if the whole amount of the
mortgage had been due when Judgment
was entered. Such amount of value must
be determined by the Court, or by the
Commissioners. in case of actual parti-
tlons. In difficnlt and extraordinary
cases, where defence has been inter
posed, or in such cases where trial has
been had, and in actions or proceedings
for the PARTITION of real estate, the Court
may also, in its discretion, make n
further allowance to any party, not ex-
ceedlng five per cent. upon the amount
OF the recovery or claim, or subject mat
ter involved.
Sec. 33G. When the Judgment is for
the recovery of money. interest, from
the time of the verdict or report until
judgment be finally entered, shall be
computed by the clerk, and added to the
costs of the party entitled thereto.
Sec. 337. The clerk shall insert in the
entry Of judgment, on the application of
the prevailing party, upon five days no.
tlce to the other, except when the at
torney reside in the same city, village,
or town, and then upon two days. no
tice, the sum of the allowances for costs.
as provided by this Code, the necessary
disbursements, including the fees OF Off
GERS allowed by law, the fees of witnesses,
tile reasonable compensation of commits
sicners in taking dispositions, the fees of
referees, and the expense of printing the
papers for any hearing when required by
rule of the Court. The Disbursements
shall be stated in detail, and verified by
affidavit A copy of the items of the
costs and disbursements shall be served.
with notice of adjustment.
Whenever it shall be necessary to adj
just costs in any interlocutory proceed
ing In an action, or in any special pro-
ceedings, the same shall be adjusted by
the Judge before whom the same may be
heard, or the court before which the
same may be decided or pending, or in
such other manner rs the Judge or Court
may direct.
Sec. 338. The clerk shall receive.
On every trial, from the party bring
ing it on, two dollars; on filing tran
script, twenty-five cents
On entering Judgment, fifty cents.
de shall receive no other for any ser
vices whatever, in civil action, except
for copies of papers, at the rate of ten
cents for every hundred words.
SEQ. 339. The fees of referees shall be
three dollars to each, for every day spent
in the business of the reference; but the
parties may agree in writing upon any
other rate Of compensation.
Sec. $40. When an application shall
be made to court or referees to post
pone trial the payment to the adverse
party of u sum not exceeding ten dollars,
besides the fees Of witnesses, may be i'm
posed, rs the condition of granting the
pOstponement.
SEC. 34l. Costs may be allowed on n
motion, in the discretion of the Court
or Judge, not exceeding ten dollars, and
may he absolute or directed to abide the
event of the action.
SEC. 342. When costs are adjudgcd
against an infant plaintiff, the guardian
by whom he appeared in til action shall
be responsible therefor, and payment
thereof may be enforced by attachment
SEC. 343. In an action prosecuted or
defended by an executor, administrator,
trustee of an express trust, or person
expressly authorized by statute, costs
oh, Ia