Εικόνες σελίδας
PDF
Ηλεκτρ. έκδοση

debtor sought to be affected by such order is situatert, and also in the office of the clerk of the county in which such judgment debtor resides.

$ 299. If it appear that a person or corporation alleged to have property of the judgment debtor or indebted to him, claims an interest in the property, adverse to him, or denies the debt, such interest or debt shall be recov. erable only in an action against such person or corpora. tion by the receiver ; but the judge may, by order, for bid a transfer or other disposition of such property or interest, till a sufficient opportunity be given to the receiver to commence the action, and prosecute the same to judgment and execution ; but such order may be modified or dissolved, by the judge granting the same, at any time, on such security as he shall direct.

$ 300. The judge may in his discretion order a reference to a referee agreed upon by the parties or appointed by him to report the evidence or the facts, and may in his discretion, appoint such referee in the first order or at any time.

$ 301. The judge may allow to the judgment creditor, or to any party so examined, whether a party to the action or not, witnesses' fees and disbursements, and a fixed sum in addition, not exceeding thirty dollars, as costs.

$ 302.

If

any person, party or witness, disobey an order of the judge or referee duly served, such person, party or witness may be punished by the judge as for a contempt. And in all cases of commitment under this chapter, or the act to abolish imprisonment for debt, the person committed may, in case of inability to perform the act required, or to endure the imprisonment, be discharged from imprisonment, by the court or judge committing him, or the court in which the judgment was rendered, on such terms as may be just.

$ 303. All statutes establishing or regulating the costs or fees of attorneys, solicitors and counsel in civil ations, and all existing rules and provisions of law, restricting or controlling the right of a party to agree with an attorney, solicitor or counsel, for his compensation, are repealed; and hereafter the measure of such compensation shall be left to the agreement, express or implied, of the parties. But there may be allowed to the prevailing party, upon the judgment, certain sums by way of indemnity, for his expenses in the action; which allowances are in this act termed

costs.

$ 304. Costs shall be allowed of course to the plainupon a recovery, in the following cases :

1. In an action for the recovery of real property, or when a claim of title to real property arises on the pleadings, or is certified by the court to have come in question at the trial ;

2. In an action to recover the possession of personal property ;

3. In the actions of which a court of justice of the peace has no jurisdiction.

4. In an action for the recovery of money, where the plaintiff shall recover fifty dollars; but in an action for assault, battery, false imprisonment, libel, slander, malicious prosecution, criminal conversation or seduction, if the plaintiff recover less than fifty dollars damages

he shall recover no more costs than damages. And in action to recover the possession of personal property, if the plaintiff recover less than fifty dollars damages he shall recover no more costs than damages unless he recovers also property the value of which with the damages amounts to fifty dollars, or the possession of property be adjudged to him, the value of which with the damages amounts to fifty dollars; such value must be determined by the jury, court or referee by whom the action is tried. When several actions shall be brought on one bond, recognizance, 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 other than disbursements shall be allowed to the plaintiff in more than one of such actions, which shall be at his election, provided that the party or parties proceeded against in such other action or actions shall, at the time of the commencement of the previous action or actions, have been within this state, and not secreted.

$ 305. Costs shall be allowed of course to the defend ant, in the actions mentioned in the last section, unlesi the plaintiff be entitled to costs therein.

$ 306. In other actions costs may be allowed or not, in the discretion of the court.

In all actions where there are several defendants, not united in interest, and making separate defences by separate answers, and the plaintiff fails to recover judg. ment against all, the court may award costs to such of the defendants as have judgment in their favor, or any of them

In the following cases the costs of an appeal shall be in the discretion of the court;

1. When a new trial shall be ordered ;

2. When a judgment shall be affirmed in part and reversed in part.

$ 307. When allowed, costs shall be as follows:

1. To the plaintiff for all proceedings before notice of trial in actions where judgment for failure to answer can be taken without application to the court, fifteen dollars; where judgment can only be taken on such application, twenty-five dollars; for all proceedings after notice of and before trial, fifteen dollars; for each additional defendant served with process, not exceeding ten, two dollars, and for each necessary defendant in excess of that number, served with process, one dollar.

2. To the defendant, for all proceedings before notice of trial, ten dollars; and for all proceedings after notice of and before trial, fifteen dollars.

3. To either party, where a new trial shall be had, for all proceedings after the granting of and before such new trial, twenty-five dollars ; for attending upon and taking the deposition of a witness conditionally, or attending to perpetuate his testimony, ten dollars; for drawing interrogatories to annex to a commission for the taking of testimony, ten dollars; for attending the examination of a party before trial, ten dollars; for making and serving a case, or case containing exceptions, twenty dollars, except that where the case shall necessarily contain more than fifty folios, there shall be allowed ten dollars in addition thereto; and for making and serving amendments thereto, ten dollars. To the plaintiff, for the appointment of a guardian of an infant defendant, ten dollars; but no more than ten dollars shall be allowed for the appointment of guardians in any one action. To the plaintiff for procuring an order of injunction, ten dollars.

4. To either party for the trial of an issue of law, twenty dollars; for every trial of an issue of fact, thirty dollars; and where the trial shall necessarily occupy more than two days, ten dollars in addition thereto.

5. To either party on appeal, except to the court of appeals and except appeals in the cases mentioned in subdivisions one, three, four and five of section three hundred and forty-nine, and except in cases mentioned in the second paragraph of section three hundred and forty-four, before argument, twenty dollars; for argument, forty dollars; and the same costs shall be allowed to either party before argument and for argument on application for judgment, upon special verdict, or upon verdict subject to the opinion of the court, or for a new trial on a case made, and in cases where exceptions are ordered to be heard in the first instance at a general term, under the provisions of section two hundred and sixty-five.

6. To either party on appeal to the court of appeals, before argument, thirty dollars; for argument, sixty dollars; and when a judgment is affirmed, the court may, in its discretion, also award damages for the delay, not exceeding ten per cent. on the amount of the judgment; for preparing and serving a case, or case containing exceptions, in appeals to the court of appeals, twenty dollars.

7. To either party, for every circuit or terin, not exceeding five circuits, and five special and five general terms, at which the cause is necessarily on the calendar and is not tried, or is postponed by order of the court,

dollars; and for every term not exceeding ten,'ex

« ΠροηγούμενηΣυνέχεια »