The Daily clarion., 1880-03-05

% Also Rlter tne cOmm3bceMeht ~ sulV
by changing terms TO suit. The court may
dismiss any yactioneommeuced, or continued
by an affidavit Of poverty, II satisfied TINT
the allegation of poverty is sprobably untrue,
or that the cause Of action is frivolous or
malicious. In cases commenced or contin-
ued on an affidavit of poverty, the officers OF
court shall perform ali 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 urisdic~
tion, as in other cases. State cases TO be
dismissed at costs Of plaintiff. Article SO,
Chapter 81, Code 1857 retained.
Section 1895 retained. 825 retained.
Section 1926, strike out quGre 'ctaasum .fiegit
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
malicious; 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
Ndependants" in the 4th line from last.
Executors administrators etitled to, or
answerable for costs in same manner as the
testator or intestate would have been if the
court awarding costs against shall certify toI
probable grounds, etc.
Section 1190 retaining executors and adj
ministrators shall be personally liable for
fees out of estates in their hands accrulng
in their administration, and such fees shall
be a preference claim.
Sec $50 retained. Successful party liable
for certain costs. All costs accrued at the
instance of the successful defendant, in a suit
which cannot be collected out of the other
party, may be collected from such success
full party; and after return of "no props
erty" on execution against plaintiffagainst
whom costs were adjudged, execution may
be issued against the successful party for
all costs accrued at his instance and not
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 or
decree has been rendered, shall be entitled,
as between themselves, to taxation of the
costs of witnesses and other costs for evil |
dence, or accounting, or trial, or other pro-
ceeding, obtaining and had at the instance
of some of the defendants, and incuring ex-
clusively to their benefit.
In case of appeal OF certiordri upon the
Judgment of Justice of the Peace
the Court may tax either party with the
costs, or divide the costs between them in
any proportion it sees proper, according
to the Justice of the case. In any case
a party appealing from judgment in his
favor in the Justices court and not obtain
ing Judgment in the Circuit Court for
more than he had judgment for in the court
below shall not recover costs in the Circuit
Court, but shall be liable for all the costs
of the appeal; and party who appeals from
a Judgment against him, and reduces its
amount, on the trial in the Circuit Court
shall be liable for such portion Of the costs
in both courts as the Circuit Court may
order.
When set-off is pleaded, or filed, and es-
plaintiff his costs expended in establishing
it, although Judgment be rendered in favor
or the plaintiff for a balance due him.
If any case shall occur in any court not
embraced expressly or by fair implication
Ill SUlut pIONlSlOu'Oi law, WIG may ,
make such order for the payment of costs by
any Of the parties as in its discretion may I,
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.,
to code of 1857, as follows: Arti-]
lie reads: "The costs allowed by law" in
tead of "the fees hereinbefore mentioned"
Articles and the same. In article
trike out the words between "resides" in :
fifth line and "and" in eighth. Article 9th ]
ame In article strike out "of debt in ,
my of the circuit courts of this State" In !
lrticle strike out "adjudged to the sue
essful party" and omit article 8. Article
o, say, Judgment or" decree in third line. :
Article IL, "chancery" instead Of "pro-
,ate."
TMMTGP ATTnN S