Recognizance of debt and recording, forty two cents. Drawing a rule for submission to referees, and acknowledging the same, thirty three cents. Writ to remove a nuisance, thirty three cents. Calling a meeting of any corporation, fifty cents. For an examination of a debtor, under the laws for the relief of poor debtors, fifty cents; for interrogatories proposed by the creditor ór his attorney, and answers, to be paid by the creditor, twelve cents a page. For travel on any official duty, at the rate of fifty cents, for every ten miles, in going and returning. In all cases, where the attendance of two or more justices is required, each of them shall be entitled to the fees prescribed for all services rendered by him personally.' Except when otherwise expressly provided, the fees of the judge of any municipal or police court, shall be taxed in the same manner, and at the same rate, as the fees of justices of the peace, so far as applicable. And whenever any such judge shall receive a stated salary for his services from the treasury of the county he shall account under oath to the treasurer of said county, for all fees accruing to him in said capacity, towards his salary.* In all cases where no other rule is provided, the allowance to public officers for any copies, which they are by law required to furnish, shall be at the rate of twelve cents a page, including the attestation of the same; for affixing an official seal to the same, when necessary, twenty five cents more." In cases of appeal to justices under the acts relating to insane persons, the justices deciding an appeal, are entitled to receive for their services two dollars a day, and ten cents a mile for travel, to be paid by such party as they may determine; and in cases where, under said acts, they have original jurisdiction, they shall charge the same fees as they would by law be entitled to charge on a criminal examination, to be paid by the city, town, or person liable in the first instance to pay for committing to and support in the hospital.* 1R. S. ch. 151, sec. 1. 2Ib. sec. 2. 3Ib. sec. 23. *Act of 1847, ch. 33, sec. 17. For certifying and solemnizing a marriage, one dollar and twentyfive cents.1 In all cases, not expressly provided for, the fees of all public officers, for any official service, shall be at the same rates, as are prescribed above for like services.2 It may be well to state here, that in all cases carried from before a justice of the peace, or municipal or police court, to a higher tribunal, all depositions and other original papers, excepting the writ, complaint, summons, citation or other process by which the action is commenced, and the return of notice by the officer or other person serving the same, and the pleadings, shall be certified by the justice, recorder, or clerk, and carried up without leaving copies, unless for special reasons otherwise ordered by the court, having the original jurisdiction." Every officer, whose fees are regulated by law, is required to keep a printed or legibly written list and description of such fees, exposed to public view in his stated place of business, if he have one. And every officer, upon receiving such fees, shall, if required by the person paying the same, make out a particular account of such fees in writing, specifying for what they accrued, upon pain of forfeiting to the party paying such fees, treble the sum paid.* II. OF THE TAXATION OF COSTS. 1. When recoverable. In all actions, the party prevailing is entitled to his legal costs. So if a plaintiff fails to enter and prosecute his action, the defendant has judgment for his costs." When a writ is abated or dismissed, the defendant, as the prevailing party, is entitled to costs, unless in some cases, the action is dismissed, or the writ abated, for want of jurisdiction." 7 Where a writ is bad on the face of it, and it is manifest that the court has no jurisdiction, so that the proceedings may be quashed on motion, no costs are allowed." But it must be a clear case, where no judgment would be rendered although the defendant should not appear. In all cases where the want of jurisdiction does not manifestly and clearly appear on the face 1R. S. ch. 151, sec. 19. *Ib. sec. 25. 3Ib. sec. 24. *Ib. secs. 26, 27. R. S. ch. 115, sec. 56. 76 Pick. 364. of the writ, and the question of jurisdiction is a fair subject of discussion, and for the decision of the court, the defendant is entitled to costs.1 When costs are recoverable in case of tender or bringing money into court, or offer to be defaulted, has been considered under the head of "Tender," &c. When a demand has been filed by the defendant in set-off, if no ⚫ balance is found due either party, neither recovers costs; if a balance is found due defendant, he recovers his costs." When a plaintiff shall, at the same court, and at the same term, bring divers actions against the same party, which might have been joined in one, or shall bring more than one suit upon a joint and several contract, he shall recover costs in only one of such actions, unless the court shall certify, that there was good cause for commencing them.3 When a judgment for costs has been rendered against a plaintiff, on nonsuit or discontinuance, and a second suit for the same cause shall be brought before the costs of the former suit shall have been paid, the court shall, on the same being made to appear, stay all proceedings until such costs shall be paid, and may dismiss the suit, unless they are paid at such time as the court shall appoint.* No costs are allowed the plaintiff in an action upon a judgment, on which an execution might, at the time of commencing such action, have been issued and duly served on the judgment debtor; but this provision does not apply to a trustee process, founded on such judgment." Costs may be imposed or withheld, in the discretion of the court, as a condition of granting an amendment or continuance. 6 When a suit is brought in the name of the State, but for the use and benefit of any private person, his name and place of residence are required to be indorsed on the writ, and if the suit is not maintained, judgment for defendant's costs shall be rendered against such person, and execution issued in like manner as if he were plaintiff on record." 2. Against whom. In an action by an infant plaintiff sueing by his next friend, if the defendant prevails, he will be allowed costs against the infant. 8 15 Met. 240-7 ib. 591. 2R. S. ch. 115, secs. 45, 46. Ib. sec. 93. 4Ib. sec. 89. $Ib. sec. 96. Ib. sec. 98. 7Ib. sec. 90. 81 Pick. 275. When an action is brought for the recovery of a debt, and the defendant has been or shall be summoned as the trustee of the plaintiff, if the amount disclosed by the trustee shall be equal to the sum recovered in the action, the trustee shall be liable to no costs in such action, subsequent to the service of the trustee process upon him.1 As to costs by and against executors and administrators, see previous pages. In actions ex contractu, the plaintiff must prevail against all the defendants, to entitle him to costs against any. And if the defendants prevail, they take joint judgment, if there be more than one, against the plaintiffs jointly." But in actions ex delicto, it has been the invariable practice to allow several costs, whether part or the whole be acquitted, whenever the defendants plead severally.3 3. Special proceedings-Trustee process. When any person, summoned as a trustee, before a justice of the peace, appears at the return day, or at a subsequent day, the parties having agreed thereto, and submits himself to examination upon oath, and shall thereupon be discharged, he shall be allowed his legal costs. If, on such disclosure, he shall be adjudged trustee, he may retain the amount of his costs.* When the plaintiff discontinues his suit against the principal or trusteet he trustee shall be allowed his costs." When the debt recovered against the principal shall be a less sum than five dollars, the trustee shall be discharged, unless the judgment be so reduced by means of a set-off filed in the case.* the The action may be brought in any county in which any trustee, named in the writ, resides; and if brought in any other county, action will be dismissed, and the trustee shall recover his costs." After service on the principal defendant, further service may be made upon any trustee, if the service be afterwards made upon the principal, but no costs shall be taxed for the plaintiff in such case, except for that last made." When one is adjudged trustee for specific articles, he has a lien upon them for his costs." If any person, belonging to the county in which the writ is made returnable, being summoned as trustee, shall neglect to appear and submit to examination on the return day, and having no reasonable cause to the contrary, he shall be liable to all costs afterwards arising in the suit, to be recovered and paid out of his own goods or estate, if judgment be rendered for the plaintiff; unless recovered out of the goods or effects in the hands of the trustee, and belonging to the principal.1 When several trustees, resident in the county, where the action is pending, being summoned, shall neglect to appear, the judgment for costs shall be rendered against them jointly.2 If the person summoned as trustee is out of the State at the time the writ is served upon him, and if he appear at the first sitting of the court after his return, he shall be allowed for his costs and charges in the same manner as if he had appeared at the return day.3 When the plaintiff does not support his action against the principal, costs will be awarded against him, in favor of such persons summoned as trustees, severally, who have appeared and submitted to examination on oath; and several executions will issue accordingly.* In case of discontinuance of the suit by plaintiff, no costs are to be awarded the trustee, unless he comes into court, and declares he had no property or credits of the principal in his hands, and submits himself to examination on oath." If a person is adjudged trustee, in the original suit, on default, and a writ of scire facias is sued out against him, the court shall render judgment against him for costs only, if, on examination on scire facias, he shall appear not to be chargeable. If he had been examined in the original suit, the court is authorized to render such judgment on scire facias, as law and justice require, upon the whole matter appearing on the new examination in the latter process. 6 If any trustee, who has been defaulted on scire facias, shall have been examined in the original suit, judgment shall be rendered on the facts stated on his disclosure, or proved at the trial; but if it appear, that such person paid and delivered the whole amount, for which he 1R. S. ch. 119, sec. 22. 2Ib. sec. 23. Ib. sec. 25. 4Ib. sec. 25. Ib. secs. 78, 79. |