Page:United States Statutes at Large Volume 31.djvu/468

416 FIFTY-SIXTH CONGRESS. Sess. I. Ch. 786. 1900. .~ Third. In an action involving an open mutual account, where it appears to the satisfaction of · the court that the sum total of such accounts of both parties exceeds one hundred and fifty dollars; Fourth. In-an action for the recovery of personal property; Fifth. In an action not hereinbefore specified, for the recovery of money or damages, when the plaintiff shall recover fifty dollars or more. ‘ But in an action for assault, battery, false imprisonment, libel, slander, malicious prosecution, criminal conversation, seduction, or breach of promise of marriage, if the plaintiff — recovers less than . fifty dollars damages, he shall recover no more costs and disbursements than damages; and in an action to recover the possession of personal property if the plaintiff recover property or the value thereof,.as established on the trial, and dama es for the detention of the same, in all less than fifty dollars, he shallg recover no more costs and disbursements than the sum of such value and damages. ' ,,(§§n‘§&l§§;§;“u;gf‘ Sec. 511. When several actions shall be prosecuted for the same cause of action, against several parties who might have been joined as defendants in the same action, disbursements shall be allowed the plaintiff in each action if he prevail therein; but costs shall not be · allowed such plaintiff in more than one of such actions, which shall be at his election, unless the party or arties prosecuted in such other action or actions shall at the time of the commencement of the previous action have been without the district or secreted therein. ,OCgj}ggg§§}{“‘1°W°d Sec. 512. Costs are allowed of course to the defendant in the actions ~ mentioned in section five hundred and eleven unless the plaintiff be entitled to costs therein; and when there are several defendants not united in interest, and making separate defenses by separate answers, costs shall be allowed or not to each of such defendants as if the action _ were commenced against him separately. w,§’€§‘§,§‘0§§d‘f‘°“*“- Sec. 513. A party entitled to costs shall also be allowed for all necessary disbursements, including the fees of officers and witnesses, the necessary expenses of taking deplositions by commission or otherwise, the expense of publication of the summons or notices, and the postlge where the same are served by mail, the compensation of referees, and the necessary ex ense of copying any public record, book, or _ document used as evidlence on the trial. m§§§§,;}‘§}, §§,§’§,§“§; Sec. 514. In an action of equitable nature costs and disbursements equitable nature- shall be allowed to a party in whose favor a judgment is given in like manner and amount as in other actions, without reference to the amount recovered or the value of the subject of the action, unless the court otherwise directs. · Wh<>1i¤bl¤f<¤f¤¤¤- Sec. 515. Every officer, witness, or other person required to do or · perform any act or service for any (party to any action or proceeding whatever shall be entitled to deman and receive from such party the compensation which the law allows therefor in advance; but a party to any action or proceeding in any court of justice in the district may, at his o tion, pay the fees of the officers thereof in advance or ive such officers an undertaking with sufficient sureties therefor. %`he costs and disbursments which a party is entitled to recover from another may be collected by the execution to enforce the udgment as a part thereof. The feessecured to the officers of the court, or either of them,.,by any party to the judgment may be collected by an execution against the property of such party and that of his sureties in the undertaking therefor. Such officers’ execution may- issue in the name of the clerk as plaintiff in the writ and for the benefit of all officers of the court to whom fees are so due and secured, whenever an execution might issue to enforce the judgment at the instance of the prevailing party therein. mggggslggg t·;§g(g¤<=· Sec. 516. Costs and disbursements shall be taxed and allowed by the — "clerk. No disbursements shall be allowed any party unless he shall