TITLE XXXVI. OF COSTS AND THE FEES OF OFFICERS. CHAPTER CLXXIV. Of Costs and the Recovery and Taxation thereof in Civil Cases. CHAPTER CLXXV. Of the Fees of Certain Officers in Civil Cases. CHAPTER CLXXVI. Of the Fees of Officers and Ministers of Justice in Criminal Cases. sing bill, etc., in Chancery. (5595.) SECTION 1. If the plaintiff in Chancery shall dismiss costs on dismis his bill or petition, or if the same shall be dismissed for want of prosecution, the defendant shall recover his costs, except in 2 Paige, 372. those cases where, according to the practice of the Court, costs would not be awarded against such complainant or petitioner, upon a decree rendered on hearing the cause. ses in Chancery. (5596.) SEC. 2. In all other cases where no special provision costs in other esshall be made by law, the costs of all suits and proceedings 2 Paige, 579. in Chancery, shall be paid by such party as the Court shall direct. 3 do. 311. law to recover (5597.) SEC. 3. In the following cases, if the plaintiff recover when plaintiff at judgment by default, upon confession, verdict, demurrer, or coste. otherwise, in any action or proceeding at law, he shall recover his costs: 1. In all actions of ejectment, or for waste, or private nuisance; and in all proceedings to recover the possession of land forcibly entered, or forcibly or otherwise unlawfully detained; 2. In all actions to which the title to lands or tenements, or a right of way, or a right by prescription or otherwise, to any easement in any land, or to overflow the same, or to do any other injury thereto, shall have been put in issue by the pleadings, or shall have come in question on the trial of the cause; 3. In suits and proceedings upon writs of scire facias, audita querela, prohibition, or information in the nature of a quo warranto; 4. In all actions for the recovery of any debt or damages, or for the recovery of penalties of forfeitures, in cases where such actions are not cognizable before a Justice of the Peace, and in all actions of replevin; 5. In all actions where the plaintiff shall recover any sum, if it appear that his claim, as established at the trial, exceeded two hundred dollars, and the same was reduced by set-off; 6. In actions for trespass upon land, or for taking personal property, where the Court before whom the same shall be When no more eosts than dama ges. Ibid. When defendant to have costs. 289. tried, shall certify in their minutes, or the jury by whom the damages shall be assessed, shall find and return in their inquisition, that such trespass was willful and malicious; 7. In actions for a false return, or for any other malfeasance or misfeasance, by any ministerial or judicial officer, in such capacity or office, except such actions against constables or other ministerial officers, touching their duties upon process issued in civil actions brought in a Justice's Court. (5598.) SEC. 4. If the plaintiff in an action for assault and battery, or false imprisonment, or for slanderous words, or for libel, recover less than fifty dollars, such plaintiff shall recover no more costs than damages. (5599.) Sec. 5. If the plaintiff, in any action brought to recover damages, occasioned by the erection of any dam upon the lands of the defendant, for manufacturing or milling purposes, and the flowing of the lands of the plaintiff, recover less. than fifty dollars, such plaintiff shall recover no more costs than damages. (a) (5600.) SEC. 5. In all actions and proceedings in which the 12 Wend, 191, plaintiff would be entitled to costs, upon a judgment rendered in his favor, if, after the appearance of the defendant, such plaintiff be non-suited, discontinue his suit, be non-prossed, or judgment pass against him on verdict, demurrer, or otherwise; or in case a plaintiff recover judgment, but not enough to entitle him to costs; the defendant shall have judgment to recover against such plaintiff his full costs, which shall have the like effect as all other judgments. One of several defendants ac titled to costs. (5601.) SEC. 6. When several persons are made defendants quitted, etc., en- in any suit or proceeding, or in any action in which the plain12 Wend., 236. tiff, upon a recovery, would be entitled to costs, and one or more of them shall be acquitted by verdict on the trial, or by judgment upon plea in abatement, or on demurrer, or by the plaintiff's discontinuing, as to such defendant, every person so acquitted shall recover his costs of suit, in like manner as if judgment had been rendered in favor of all the defendants. But not if Court (5602.) SEC. 7. But if such person be so acquitted in any action brought for the recovery of land, or the possession thereof, or for nuisance, waste, trespass, or trespass on the case for any non-feasance or misfeasance, and if the Judge or Court before whom such trial shall be had, or such judgment shall (a) Added by Act 105 of 1847. Laws of 1847, p. 172, Sec. 16. be given, shall certify in the minutes of the Court that there was reasonable cause for making the person so acquitted a defendant in such action, then such person shall not be entitled to recover such costs; and no costs shall be recovered against him. certify in certain (5603.) SEC. 8. If in any action founded upon a contract, the But not if Court plaintiff fail to recover against one of several defendants on cases, etc. the trial, or if judgment on a plea in abatement, or on demurrer, be rendered in favor of one of several defendants; or if, by the plaintiff's discontinuing as to such defendant, he be acquitted; such defendant shall not be entitled to recover costs, unless a certificate be given by the Judge or Court before whom the trial shall be had, or the judgment shall be given, and be entered in its minutes, that such defendant was unreasonably and unnecessarily made a party to such action. covery of double damages. (5604.) SEC. 9. Whenever, by the provisions of any statute, Single costs on re a plaintiff shall be entitled to recover double or treble the damages assessed by a jury, if such damages so doubled or trebled, as the case may be, entitled him to recover costs, he shall recover single costs only in such suit, except in cases otherwise specially provided for by law. to recover taxed half more. (5605.) SEC. 10. In the following actions, if judgment be when defendant rendered for the defendant upon verdict, demurrer, non-suit, costs, and one non-pros, discontinuance of the plaintiff or otherwise, in any 12 Wend., 228. action, certiorari, writ of error or other proceeding, such defendant shall recover the amount of his taxed costs, and one half thereof in addition; 1. In actions against public officers appointed under the authority of this State, or elected by the People; or against any person specially appointed according to law, to execute the duties of such public officer; for or concerning any act done by such officer or person, by virtue of his office, or for or concerning the omission, by such officer or person, to do any act, which it was his official duty to perform; 2. In actions against any other person, for doing any act by the commandment of such officers or persons, or in their aid or assistance, touching the duties of such office or appointment; 3. In actions against any person, for making any sale, or doing any other act by authority of any statute of this State. 4 do. 201. 7 do. 236. 9 do. 464. costs belong. 6 (5606.) SEC. 11. When double or treble costs shall be To whom double awarded to any defendant, the same shall be deemed to belong & Wend. 207. to such defendant, and the officers who may have rendered any services in such action to such defendant, and the 9 do. 443. Costs when sev eral issues, etc. 480. witnesses and jurors in such action, shall be entitled to receive and retain only the single costs allowed by law for their services respectively. (5607.) SEC. 12. When there shall be several issues in any 12 Wend., 285, case, and a verdict shall be rendered for the plaintiff on one or more of them, and for the defendant on another, if the plaintiff obtain judgment upon the whole record, costs shall be awarded as follows: Costs when judg thent for defend 1. When the substantial cause of action was the same in each issue, the plaintiff shall recover costs on those issues which were found for him, and shall not be liable to the defendant for the costs of the issue which shall have been found for the defendant; 2. When there are two or more distinct causes of action in separate counts, the plaintiff shall recover costs on those issues which are found for him, and the defendant on those which are found in his favor. (5608.) SEC. 13. If judgment be recovered for the defendant ant on whole re on the whole record, the costs of the issues which may be found for the plaintiff, shall not be allowed to either party. cord. On general de murrer. D Wend., 445. On plea of mis nomer. On reversal of judgment. (5609.) SEC. 14. When judgment shall be rendered in favor of a defendant, upon general demurrer to one or more counts in a declaration, and the plaintiff shall have judgment on other counts, on demurrer, on verdict or by default, the defendant shall be allowed his costs upon such judgment in his favor. (5610.) SEC. 15. When judgment shall be rendered for a defendant on a plea of misnomer, in abatement, no costs shall be allowed to either party. (5611.) SEC. 16. If, upon a writ of error, the judgment be Wend., 93, 147. reversed, the plaintiff in error shall recover costs, unless in such judgment a new trial be ordered, in which case the costs. on such reversal shall be in the discretion of the Court; and if a judgment be reversed in part, and affirmed in part, costs shall be awarded to either party in the discretion of the Court. Costs and dama. ges on a firmance. Double costs on affirmance. 6 Wend., 93. (5612.) SEC. 17. If, upon such writ, the judgment be affirmed, or the writ be discontinued or quashed, or the plaintiff in eor be non-suited, the defendant in error shall recover costs; and also damages for the delay and vexation, to be assessed in the discretion of the Court before whom the writ was returnable. (5613.) SEC. 18. If the judgment so affirmed was rendered after verdict, the defendant in error may recover twice the |