The Daily clarion. [volume] (Jackson, Miss.) 1866-1888, 1880-03-05

- also after the commencement II q suit
by changing terms % suit. Toe court may
dismiss any action commenced, or continued
by al asfidayit Of poverty. Il satisfied shat
the allegation Of poverty Is probably untrue,
or that the cause Of action il frlyOioI, or
malicious. In cases commenced Of contin.
ued on an affidavit Of poverty, the officers OF
court shall perform all the duties required
in the prosecution Of the suit, and the wit
nesses shall attend until released, out in
case Of failure to prosecute,his suit 70 effect,
judgment shall be given against such plain
tiff for costs, and execution may be Issued
as in other cases.
When any case shall be dismissed by any
court tor want Of jurisdiction, judgment
shall be rendered by such court, Tor cDst-
against the party VINO invoked the jurisdie>
ton, as in other cases. State cases 10 b.
dismissed at costs Of plaintiff. Article So
Chapter CT, Code 1857 retained.
Section 1898 retained. s2j retained
| Section S2G, strike out qu1re cidHSum fregu
! 81 line, and succeed with the following
where the court before which the trial shall
be, shall not be satisfied, and enter upon
the minutes that The trespass was wilfuli or
malicious; and in all other actions where
! the court before which the trial shall be.
etc, striking out "of trespass, assault false
! imprisonment or ejectnent upon trial
! thereof" closing the section with the wOrl
"dependants" IN the lth line from last.
! Executors administrators etitlcd 10, oI
answerable for costs in same manner as In,
| tcstator or intestate would have been If IA,
court awarding costs against shall certify q
probable grounds, etc.
Section 100 retaining executors and ad
ministrators shall be personally liable fol
fees out Of estates in their hands accruing
in their administration, and such fees shat
be preference claim.
Sec. 669 retained. Successful party liabl'
for certain costs. All costs accrued at til,
instanceof the successful defendant, in a sui
which cannot be collected out Of the othe
party, may be collected from such success
iul party and after return of "Do prop
erty" on execution against plaintifTa gains
whom costs were adjudged, execution may
be issued against the successful party fol
| all costs accrued at his instance aud no
| paid, or collected from the other party
and an unsuccessful plaintiff or complainant
shall be liable for all the costs of the case
| Defendants against whom judgment o
decree has been rendered, shall be entitled
as between themselves, to n taxation of tn
costs of witnesses and other costs for eyi
dence, or accounting, or trial, or other pro
cecding, obtaining aud had at the instance
of some of the defendants and incuring ex
clusiyely to thcir benefit.
In case Of appeal or certiordrt upon tn
judgment OF q Justice OF the Peace
the Court may tax either party with tn
costs, or divide the costs between them il
any proportion it sees proper, according
to the Justice of the case. In any cas-
a party appealing from Judgment in hi
favor IN the JUSTICE court and not obtain
ing Judgment in the Circuit Court 70
more than he had judgment for in the cour
below shall not recover costs in the Crcui
1 Court but shall be liable for all the cost
Of the appeal; and party who appeals iron
a Judgment against him. aud reduces III
amount on the trial in the Circuit Cour
shall be liable for such portion Of the cost
i'm both courts as the Circuit Court may
order.
When set-ofl is pleaded, or filed, and es.
! tablished the defendant shall recover OF the
| plaintiff his costs expended in establishing
it, although Judgment be rendered in favor
OF the plaintiff for balance due him.
II any case shall occur in any court not
embraced expressly or by fair implication
in some provision of law, the court may
make such order for the payment of costs by
any Of the parties rs in its discretion may
deem to be proper; and every court may
protect party from being taxed with the
fees and costs of an excessive number of
witnesses summoned At the instance of his
adversary.
Taxation and collection of costs etc,
conforming to code of 1857, as follows: Arti-
Gle reads "rhe costs allowed by law" in.
stead Of "tbe fees hereinbelore mentioned. "
Articles 3 and the same. In article 8
strike out the words between "resides" in
fifth line and "and" in eighth, Article 9Th
same, In article strike out 'of debt in
any of the circuit courts of this State" In
article s strike out "adudged to the sue
cessful party and omit article g. Article
10, say, Judgment or" decree in third line
Article IL, "chancery" instead of "pro
bate"
IMMIGRATION,