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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

course to defendant.

SEC. 484. Costs shall be allowed, of course, to the defendant, upon a judgment in his favor in the actions allowed of mentioned 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

When

costs

may be allow

ed in the dis

cretion of the

court.

Cases in can allow

which court

costs to successful defendants.

Cases where costs are discretionary on appeal.

Fees of refer

ees.

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 Of costs on appeal from recover from the opposite party his costs, not only in the probate or 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.

Costs in cases

prosecuted

by or against

an administrator or trustee.

be

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 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

court of higher jurisdiction for a review in other way

When case is

court of higher jurisdiction.

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.

Memoran

dum of costs

tred to clerk.

to be deliv

Memoran

dum not to

include cercosts.

tain fees or

Penalty for legal items of orandum.

including il

costs in mem

SEC. 497. A party dissatisfied with the costs claimed may, within ten days after notice of filing of the bill of Motion to recosts, 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.

No costs al

lowed wit

ness unless

affidavit of attendance made.

SEC. 498. Provided, however, That no allowance or charge shall be made for the attendance of witnesses, unless the witness shall make affidavit before the clerk of the number of days he or she actually attended, and 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.

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

Memorandum 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.

SEC. 502. After the lapse of thirty days from the service of notice that security is required, or of an order that new or additional security, upon proof thereof, and that no undertaking, as required, has been filed, the court or judge may order the action to be dismissed.

pros

SEC. 503. That any person, may commence and ecute an action in any of the courts in this territory who will file an affidavit, stating that he has a good cause of action, that he is unable to pay the costs in money, or to procure security to secure the same; then it is hereby made the duty of the officers of the courts to issue all writs, and serve the same, without demanding or receiving their fees in advance.

any

SEC. 504. Whenever it shall be necessary for any territorial, district, or county officer to commence, prosecute, or defend any suit by attachment, or otherwise, on behalf and in the name of the territory of Montana, under the provisions of any statute of this territory, such officer shall so commence, prosecute, or defend such suit without giving bond; nor shall any such officer, when prosecuting any suit on behalf of the territory, or any county thereof, be required to pay or deposit any fee or amount before or during the prosecution of any such suit; nor shall any officer so prosecuting or defending be taxed with costs or damage, but such cost or damage, when such officer shall fail to sustain his suit, shall be taxed to the said county or territory, as the case may be.

SEC. 505. Each party to a civil action shall be required to pay the fees fixed by law for the performance of any service or duty by any officer of such court at the instance of such party at the time such service is rendered, except in the case hereinbefore mentioned; and no such officer shall be required to perform such service or duty unless the fees fixed therefor shall, on demand, be first paid or tendered.

CHAPTER IX.-Miscellaneous Provisions.

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SEC. 506. The supreme court, and each of the district Rules for courts, shall respectively have power to make rules and

practice in courts.

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