The weekly clarion. [volume] (Jackson, Miss.) 1863-1882, 1880-03-10
THE NEW CODE.
IN RELATION TO COSTS.
Synopsis of Chapter % Adoptet by
Senate and House.
COMPILED BY HON. E. ]. MAREH, FOR
HOLLY SPRINGS SOUTH.
JACKSON. Feb. q 1880.

. lowing chapter adopted in both buses:
II Chapter %, in relation to coss: securif
o for costs.-Retain section ST. &c the conel
r sion of action" fifth line Blu if the cor
plainant or plaintiff will pay the fees fl
t filing his bill or declaration, md for doc
= citing his case, and for issuing and execu
: Ing and returning the process, before filir
such bill or declaration, the clerk shall fl
: it, and issue process without security f
costs 572-inSert 'cannd be made" il
) stead of twill not be able in fifth line frol
bottom. 573, add "for IL costs for whic
} said plaintiff or complainant may be liabl
in said cause" The f0egoing as to secul
j ity or paying costs shall apply to Justices
the Peace and the courts held by them tn
} security, when required after the commence
ment of suit shall begiven in ten days afte
the order of suit
Money may be deposited with clerk O
the court or Justie of the Peace in lieu O
bond in amount estimated by court or cerl
or Justice of the Peace sufficient to cove
costs, which MAJ be increased upon INSULT
cheney. None # the provisions as to secur
ity or deposit snail apply to the State orany
county, incorporated town, district of tn,
State. State boards or charitable insti
tutions incorporated and maintained by
the State nsr any State, county or town
4
Usee liabe-In suits in the name of the
State, or any person for the use of another,
the usee pay be required TO secure or pay
the costs; in no case shall the State as a
nominal plaintiff be liable for costs Poor
persons may sue without preparing or giving
security for costs by taking and subscribing
the following oath in writing: 4 do
soIemnly swear that because of my poverty
| am not able to pay the costs or give secu-
rity for the same, in he suit in which | am
about TO commence, and that to the best of
my belief, | am entitled to the redress which
| seek by such suit"
So also after the commencement of a suit
by changing terms to suit. The court may
dismiss any action commenced, or continued
by an affidavit of poverty, if satisfied that
the allegation of poverty is probably untrue,
or that the cause of action Is frivolous or
malicious. In cases commenced or contn-
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, but in
case of failure to prosecute.his suit to 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 for want of Jurisdiction, judgment
shall be rendered by such court, for costs
against the party who invoked the jurisdic>
ton, as in other cases. State cases to be
dismissed at costs of plaintiff Article 58,
Chapter 81, Code 1857 retained.
Section 1898 retained. S25 retained. |
Section S26, strike out qu0re ctdnSunl freqit |
Sd 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 wilfull or |
and in all other actions where |
the court before which the trial shall be, |
etc, striking out ''of trespass, assault false |
Imprisonment, or ejectment upon trial |
thereof" closing the section with the word |
in the 4th line from last
Executors administrators etitled to, or
for costs in same manner as the
,estator or intestate would have been if the
court awarding costs against shall certify to /
grounds, etc.
Section 1870 retaining executors and adj |
shall be personally liable for
ees out of estates in their hands accruIng
n their administration, and such fees shall
)e a preference claim.
Sec. $50 retained. Successful party liable
or certain costs. All costs accrued at the
Instance of the successful defendant, in a suit
which cannot be collected out of the other
'arty, may be collected from such success
ul party and after return of "nO prop-
rty" on execution against plaintiff against
rhom costs were adjudged, execution may
e issued against the successful party for
II costs accrued at his instance and not
aid, or collected from the other party
nd an unsuccessful plaintiff or complainant
hall be liable for all the costs of the case.
Defendants against whom judgment or
ecree has been rendered, shall be entitled,
$ between themselves, to a taxation of the
g Il
ence, or accounting, or trial, or other pro-
eeding, obtaining and had at the instance
some of the defendants and incuring ex-
lusively to their benefit.
In case of appeal or certiorari upon the
alignment of a Justice of the Peace,
he Court may tax either party with the
Osts, or divide the costs between them in
ny proportion it sees proper, according
} the Justice of the case. In any case
party appealing from judgment in his /.
lvor in the Justices court and not obtain
lg judgment in the Circuit Court for !
lore than he had judgment for in the court
Glow shall not recover costs in the Circuit {
curt, but shall be liable for all the costs {
f the appeal; and party who appeals from
Judgment against him, and reduces its i
mount, on the trial in the Circuit Court {
lall be liable for such portion of the costs {
both courts as the Circuit Court may :
-der {
When a set-off is pleaded, or filed, and es |
.blished, the defendant shall recover of the
aintiff his costs expended in establishing ,
, although judgment be rendered in favor :
the plaintiff for balance due him. :
If any case shall occur in any court not :
nbraced expressly or by fair implication :
some provision of law, the court may !
axe such order for the payment of costs by :
ly of the parties as in its discretion may {
,em to be proper; and every court may .
.otect party from being taxed with the !
es and costs of an excessive number of :
illnesses summoned at the instance of his =
lversary. :
Taxation and collection of costs, etc., }
to code of 1857, as follows: Arti- :
e 2 reads: ''The costs allowed by law in
cad of 'the fees hereinbefore mentioned" !
rticles 8 and 4 the same. In article 5 =
rike out the words between resides in :
tn line and 'and" in eighth. Article 9th !;
me. In article Z strike out "of debt in :
~ of the circuit courts of this State" In :
IL 60 - ~, | I