1862 Territory of Dakota Session Laws/Chapter 8/Title XVII
TITLE XVII.
COSTS.
CHAPTER I.
Surety for costs given, when.Sect. 548. In cases in which the plaintiff is a non-resident of the county in which the action is to be brought, before commencing such action, the plaintiff must furnish a sufficient surety for costs. The surety must be a resident of the county where the action is to be brought, and approved by the clerk. His obligation shall be complete, simply by indorsing the summons, or signing his name on the complaint as security for costs. He shall be bound for the payment [of] all costs, which may be adjudged against the plaintiff in the court, in which the action is brought, or in any other to which it may be carried, and for costs of the plaintiff's witnesses, whether the plaintiff obtained judgment, or not.
Action dismissed, when security for costs not given.Sect. 549. An action in which security for costs is required by the last section, and has not been given, shall be dismissed on the motion and notice by the defendant at any proper time before judgment, unless in a reasonable time to be allowed by the court, such security for costs be given.
If plaintiff becomes non-resident.Sect. 550. If the plaintiff in an action, after its commencement, become a non-resident of the county in which it is brought, he shall give security for the costs in the manner and under the restrictions provided in the two preceding sections.
Defendant may move for additional security costs, when.Sect. 551. In an action in which security for costs has been given, the defendant may at any time before judgment, after reasonable notice to the plaintiff, move the court for additional security on the part of the plaintiff; and if, on such motion, the court be satisfied that the surety has removed from this territory, or is not sufficient, the action may be dismissed, unless in a reasonable time to be fixed by the court, sufficient surety be given by the plaintiff.
After final judgement, how costs secured.Sect. 552. After final judgment has been rendered in an action, in which security for costs has been given, as required by this chapter, the court, on motion of the defendant, or any other person having a right to such costs or any part thereof, after ten days' notice of such motion, may enter up judgment in the name of the defendant or his legal representatives, against the surety for costs, his executors or administrators, for the amount of the costs adjudged against the plaintiff, or so much thereof as may be unpaid. Execution may be issued on such judgment, as in other cases, for the use and benefit of the person entitled to such costs.
If any informer, entitled to part of penalty, shall dismiss suit.Sect. 553. If any informer, under a penal statute, to whom the penalty, or any part thereof, if recovered, is given, shall dismiss his suit or prosecution, or fail in the same, he shall pay all costs accruing on such suit or prosecution, unless he be an officer, whose duty it is to commence the same.
If defendants disclaim title, they shall recover costs.Sect. 554. Where defendants disclaim having any title or interest in land or other property, the subject-matter of the action, they shall recover their costs unless for special reasons the court decide otherwise.
Other costs, how taxed and paid.Sect. 555. Unless otherwise provided by statute, the costs of motions, continuances, amendments, and the like, shall be taxed and paid, as the court in its discretion may direct.
Where not otherwise provided, costs allowed to plaintiff.Sect. 556. Where it is not otherwise provided by this and other statutes, costs shall be allowed of course to the plaintiff upon a judgment in his favor, in actions for the recovery of money only, or for the recovery of specific real or personal property.
If action brought in wrong jurisdiction, plaintiff shall not recover. Costs in certain other cases.Sect. 557. If it shall appear that a justice of the peace has jurisdiction of an action, and the same has been brought in any other court, the plaintiff shall not recover costs; and in all actions for libel, slander, malicious prosecution, assault, assault and battery, false imprisonment, criminal conversation, or seduction, actions for nuisance, or against a justice of the peace for misconduct in office, if the damages assessed be under five dollars, the plaintiff shall not recover any costs.
When costs allowed to defendant.Sect. 558. Costs shall be allowed of course, to any defendant upon a judgment in his favor in the actions mentioned in the last two sections.
In other actions court may award and tax costs.Sect. 559. In other actions the court may award and tax costs, and apportion the same between the parties on the same or adverse sides, as in its discretion it may think right and equitable.
Where several actions are brought up on one bill of exchange, &c.Sect. 560. Where several actions are brought on one bill of exchange, promissory note, or other obligation or instrument in writing against several parties, who might have been joined as defendants in the same action, as allowed by section thirty-five, no costs shall be recovered by the plaintiff in more than one of such actions, if the parties proceeded against in the other actions were, at the commencement of the previous action, openly within the territory.
When summons are issued to another county, sheriff entitled to what fee.Sect. 561. When a summons is issued to another county than that in which the action or proceeding is pending, it may be returned by mail, and the sheriff shall be entitled to the same fees, as if the summons had issued in the county of which he is sheriff.