After defend written notice of his appearance, or when an attorney gives notice of an appearance for him. After appearant has ap- ance, a defendant, or his attorney, shall be entitled to notice of all subsequent proceedings of which notice is required to be given. But when a defendant has not appeared, service of notice or papers need not be made upon him, unless he be imprisoned for want of bail. peared all notices given to him or his attorney. Notices when non-resident SEC. 479. When a plaintiff or a defendant who has appeared resides out of the territory and has no attorney in the action or proceeding, the service may be made on the clerk for him. But in all cases where the party has defendant has an attorney in the action or proceeding, the service of papers when required shall be upon the attorney instead of the party, except of subpoenas, writs, and other process, issued in the suit, and of papers to bring him into contempt. appeared. Application of the forego ing provis ions as to notices. Compensation of attorneys. Costs. When costs al SEC. 480. The foregoing provisions of this chapter do not apply to the service of a summons or other process, or of any paper to bring a party into contempt. CHAPTER VIII.-Of Costs. SEC. 481. The measure and mode of compensation of attorneys and counsellors shall be left to the agreement, express or implied, of the parties; but there shall be allowed to the prevailing party in any action in the supreme court, district courts, and probate courts, his costs and necessary disbursements in the action or special proceeding in the nature of an action. SEC. 482. Cost may be allowed, of course, to the plaintiff upon a judgment in his favor, in the following cases: First. In an action for the recovery of real property. Second. In an action to recover the possession of lowed plain- personal property when the value of the property amounts to fifty dollars or over. Such value shall be determined by the jury, court, or referee by whom the action is tried. tiff of right. Third. In an action for the recovery of money or damages when plaintiff recovers fifty dollars and over. Fourth. In special proceedings in the nature of an action. SEC. 483. When several actions are brought on one bond, undertaking, 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 shall be allowed to the plaintiff in more than one of such actions, which may be at his election, if the party proceeded against in the other actions were, at the commencement of the previous action, openly within the territory; but the disbursements of the plaintiff shall be allowed to him in each action. What costs allowed if the plaintiff brings several same bond. actions on What costs SEC. 484. Costs shall be allowed, of course, to the defendant, upon a judgment in his favor in the actions course to dementioned in section 482 of this act, and in a special proceeding in the nature of an action. SEC. 485. In other actions than those mentioned in section 482 of this act, costs may be allowed or not; and, if allowed, may be apportioned between the parties on the same or adverse sides, in the discretion of the court; but no costs shall be allowed in an action for the recovery of money or damages when the plaintiff recovers less than fifty dollars; nor in an action to recover the possession of personal property when the value of the property is less than fifty dollars. SEC. 486. When there are several defendants in the actions mentioned in section 482 of this act, not united in interest, and making separate defenses by separate answers, and the plaintiff fails to recover judgment against all, the court shall award costs to such of the defendants as have judgment in their favor. SEC. 487. In the following cases the costs of an appeal shall be in the discretion of the court: First. When a new trial is ordered. Second. When a judgment is modified. SEC. 488. The fees of referees shall be eight dollars to each for every day spent in the business of the refer fendant. When costs may be allowcretion of the ed in the dis court. Cases in can allow which court costs to successful defendants. Cases where costs are discretionary on appeal. Fees of refer ees. Of costs on appeal from probate or ence; but the parties may agree in writing upon any other rate of compensation, and thereupon such rate shall be allowed. SEC. 489. In all cases of appeal from the judgment of probate court or justice of the peace, when the judgment of such probate court or justice of the peace shall be wholly affirmed or reversed, the party succeeding shall recover from the opposite party his costs, not only in the Justice's district court, but before the probate court or justice of the peace, and shall have his execution therefor. When the judgment of the court below shall be affirmed in part, then the court shall divide the costs between the parties according to the justice of the case. courts. Costs on post SEC. 490. When an application is made to a court or referee to postpone a trial, the payment of the costs ponement of occasioned by the postponement may be imposed, in the discretion of the court or referee, as a condition of granting the same. trial. Costs in case SEC. 491. When, on an action for the recovery of money only, the defendant in his answer alleges that before the commencement of the action he tendered to the plaintiff the full amount to which he was entitled, and made and de- thereupon deposits in court for the plaintiff the amount so tendered, and the allegation be found to be true, the plaintiff shall not recover costs, but shall pay costs to the defendant. tender is posited in court. SEC. 492. In an action prosecuted or defended by an executor, administrator, or trustee of express trust, or a person expressly authorized by statute, costs may be recovered as in action by and against a person prosecuting or defending his own right; but such costs shall by the judgment be made chargeable only upon the estate, fund, or party represented, unless the court shall direct the same to be paid by the plaintiff or defendant, personally, for the mismanagement or bad faith in the action or defense. SEC. 493. When the decision of a court of inferior jurisdiction in a special proceeding is brought before a When case is court of higher jurisdiction. court of higher jurisdiction for a review in other way than by appeal, the same costs shall be allowed as in reviewed by a causes on appeal, and may be collected by execution, or in such manner as the court may direct, according to the nature of the case. SEC. 494. The party in whose favor judgment is rendered, and who claims his costs, shall deliver to the clerk of the court, within two days after the verdict or decision of the court, a memorandum of the items of his costs and necessary disbursements in the action or proceeding; which memorandum shall be verified by the oath of the party, or his attorney, stating that the items are correct, and that the disbursements have been necessarily incurred in the action or proceeding. SEC. 495. But such memorandum need not include the legal fees or costs of any officer of the court, or any witness fees when an affidavit of such witness' attendance is required by law to be made. SEC. 496. If any party shall include in such memorandum any item to which he is not entitled, or if any clerk, sheriff, referee, or other officer shall include such item in the taxed costs, and a motion to retax the same shall be made by the party against whom the same is taxed, and if such motion to retax shall prevail, there shall be taxed, as a part of the cost of such motion, a docket fee of $25, and judgment therefor, with the other costs allowed by law, shall be entered against the party, sheriff, referee, clerk, or other officer who so unlawfully taxed the same, and the same may be off-set against any costs or judgment in favor of the party or officer so improperly taxing such cost, and against the party making such motion; or if no such judgment exists, the court may direct that the party making such motion have execution therefor. SEC. 497. A party dissatisfied with the costs claimed Memoran dum of costs ered to clerk. to be deliv Memoraninclude cercosts. dum not to tain fees or for Penalty including il costs in mem may, within ten days after notice of filing of the bill of Motion to re costs, file a motion to have the same taxed by the court in which the judgment was rendered, or by the judge thereof, at chambers. tax costs. SEC. 498. Provided, however, That no allowance or charge shall be made for the attendance of witnesses, No costs al unless the witness shall make affidavit before the clerk lowed witness unless of the number of days he or she actually attended, and attendance of the distance he or she shall have traveled, and that such attendance was at the instance of one or both parties, or his, her, or their attorney. affidavit of made. SEC. 499. Whenever costs are awarded to a party by an appellate court, if he claims such costs he must, within thirty days after the remittitur is filed with the awarded in clerk below, deliver to such clerk a memorandum of his Memoran dum of costs appellate court. costs, verified as prescribed by the preceding section, and thereafter he may have an execution therefor, as upon a judgment. SEC. 500. The clerk shall include in the judgment entered up by him any interest on the verdict or decision of the court, from the time it was rendered or made, and the costs, if the same have been taxed or ascertained, and Interest and he shall, within two days after the same shall be taxed or ascertained, if not included in the judgment, insert the same in a blank left in the judgment for that purpose, and shall make a similar insertion of the costs in the copies and docket of the judgment. costs to be in cluded in judgment. Bond of costs may be re quired of non-residents. SEC. 501. When a plaintiff in an action resides out of the territory, or is a foreign corporation, security for the costs and charges which may be awarded against such plaintiff may be required by the defendant. When required, all proceedings in the action shall be stayed until an undertaking, executed by two or more persons, be filed with the clerk, to the effect that they will pay such costs and charges as may be awarded against the plaintiff by judgment, or in the progress of the action, not exceeding the sum of three hundred dollars. A new or additional undertaking may be ordered by the court or judge, upon proof that the original undertaking is insufficient security, and proceedings in the action stayed until such new additional undertaking be executed and filed. |