ments, to have pay better 3 plaintiff shall, within one year, pay to the clerk of the 4 court, for the use of the defendant, the amount of the 5 increased value so found, a writ of possession shall 6 issue for the plaintiff; otherwise all his right to such 7 lands shall be barred. In suits for pen 1 alty, &c., judg ment to be for amount equitably due. R. S. 190: 8. C. S. 203: 8. 1861, 2497: 2. xiv, 78; xl, 384. 2 3 SEC. 10. In actions for the recovery of any penalty or forfeiture, in any recognizance in a civil case, or in any obligation or contract under seal, the court shall render judgment for such amount as is equitably due, or as will indemnify the plaintiff for the damages sustained 6 by the breach of the condition. 4 5 If penalty to se- 1 cure several ment to be for whole, &c. SEC. 11. If such penalty or forfeiture is designed things, Judg. 2 to secure the performance of several things to be done 3 at different times, or as security to or for the use of 4 several persons, judgment shall be rendered for the 5 whole of such penalty or forfeiture, and the court shall 6 award execution only for so much as is justly due at 7 that time. R. S. 190: 9. On scire facias 1 further execu sued. SEC. 12. The plaintiff, or his administrator, and any tions to be is 2 other persons interested, may, from time to time, have 3 scire facias upon such judgment, and execution shall 4 be awarded them for any further sums which may be 5 equitably due. R.S. 190: 10. C. S. 203: 10. ii, 363. In suits on 1 mortgages, or pays sum due SEC. 13. In actions on mortgages, the judgment judgment to be 2 shall be conditional, that if the mortgagor, or person that if mortgag: 3 having his right, pays to the mortgagee, or person havin two months, 4 ing his right, the sum the court shall adjudge due, 5 within two months after judgment rendered, with in6 terest, such judgment shall be void; otherwise a writ 7 of possession shall issue. judgment void. C. S. 203: 11. Court may per- 1 mit copy to be SEC. 14. Any court may permit copies of any note filed, and judg. 2 or instrument to be filed in any suit pending therein, 3 for the purpose of rendering judgment thereon. meut rendered thereon. 1859, 2214. v. When copy of 1 any writ, &c. SEC. 15. When, in any judicial proceeding, a copy or other docu- 2 of a writ, pleading, case, or other writing or document ment required be certified by in judicial pro- 3 is necessary, copy thereof, certified as such by the ceedings, may 4 contending parties in such proceeding, or by their atparties or at 5 torneys, may be used, and shall, as to such proceeding 6 and the parties thereto, and all persons claiming under C. S. 183: 7. v. 7 them, be as effectual as a copy thereof attested by the 8 proper certifying officer. torney, &c. R. S. 174: 7. 1 3. In action in supreme court costs to be limited if no reasonable expectation of recovering more than $13.33. 4. In trespass, defamation, &c., in supreme court, no costs unless damages exceed $13.33. 5. In trespass to real estate, in supreme court, when title not in question, costs allowed not exceeding damages in case they do not exceed 13.38. 6. In real actions, defendant disclaiming whole, to have costs, SECTION 1. SECTION unless plaintiff maintains his 7. No costs in action on judgment 8. When plaintiff brings diverse 9. Plaintiff neglecting to enter ac- 10. If plaintiff become non-suit, 11. Defendant prevailing in civil event of action, Costs shall follow the event of every Costs to follow 2 action or petition, unless otherwise directed by law, or &c. 3 by the court. 1 R. S. 191: 1. C. S. 204: 1 i, 36; iii, 44, 130; x, 126; xii, 134; xiv, 503; XV, 196; xix, 205, 399; xxi, 50, 188, 386; xxiii, 193; xxviii, 73, 369; XXX, 318, 492, 531; xxxi, 266, 893, 413; xxxii, 408; XXXV, 88, 286: xxxvi, 430; Xxxviii, 88; xli, 238; xliii, 134; xiv, 18. allowed, or de SEC. 2. In all actions or petitions in the supreme May be limited, 2 court, costs may, on motion and good cause shown, be ni d, and secu3 limited, allowed, and such security therefor ordered, as 4 the court may deem just. 1 rity ordered for. R. S. 191: 7. C. S. 204: 7. v. iii, 313; v, 229; ix, 103; x, 126; xiv, 373, 503; xvi, 95; xxvi, 92; xxxi, 182; xl, 203; xliv, 472, 529. SEC. 3. In actions commenced in the supreme court, May be limited 2 if it appears that the plaintiff had no reasonable ex- court, if plain supreme tiff had no rea tation of recov sonable expec- 3 pectation of recovering more than thirteen dollars and 4 thirty-three cents, the court may limit the costs to such 5 sum as they think just. ering more xl, 157. No more costs 1 than damages, unless damages exceed $13.33. SEC. 4. No more costs than damages shall be recov in trespass, &c., 2 ered, in any action of trespass to the person, or for 3 malicious prosecution, or defamation of character, com4 menced in the supreme court, unless the damages recov iv, 291; x, 574; 5 ered exceed thirteen dollars and thirty-three cents, R. S. 191: 4. C. S. 204: 4. v. xxxix, 62. real estate when tion, may be In trespass to 1 SEC. 5. In actions of trespass to real estate, comtitle not in ques- 2 menced in the supreme court, when the title of real 3 estate is not in question, the court shall allow so much 4 cost as they think just, not exceeding the damages re5 covered in case they do not exceed thirteen dollars and 6 thirty-three cents. limited, &c. R. S. 191: 5. C. S. 204: 5. 1. 14; iii, 313; iv, 291; v, 229; vi, Xxxviii, 265. 57; viii, 507; defendant dis In real actions. 1 SEC. 6. In real actions, the defendant, who disclaiming whole, 2 claims the whole of the demanded premises, shall 3 recover costs, unless the plaintiff maintains his writ as 4 to some part thereof. to recover costs, &c. R. S. 186: 13. C. S. 198: 13. v. ii, 416. No costs in action upon judg ment, when ex 1 SEC. 7. No costs shall be allowed the plaintiff in 2 any action upon a judgment, if he could have availed equally availa 3 himself of an execution thereon as advantageously, for 4 the collection thereof, as he could of such action. ecution thereon ble. R. S. 191: 2. When plaintiff 1 brings diverse or more than SEC. 8. When a plaintiff, at one term, brings diactions, &c., 2 verse actions against the same party, which might have one on joint and 3 been joined, or brings more than one action upon a 4 joint and several contract, the court may allow such 5 and so many bills of cost as they think just. several con tract, court may C. S. 204: 3. Plaintiff neg. lecting to enter 1 action,liable for comes non-suit, SEC. 9. If the plaintiff neglects to enter any action, 2 in which process has been served on the defendant, 3 judgment shall be rendered against him on complaint 4 for costs. If plaintiff be- 1 SEC. 10. If the plaintiff, after entry of any action, defendant to 2 becomes non-suit, the defendant shall have judgment 3 against him for costs. have judgment for costs. R. S. 186: 2. C. S. 198: 2. where state is 1 SEC. 11. In civil actions, in which the state is In civil actions, 2 plaintiff, if the defendant prevails, he shall have judg- plaintiff, if de3 ment for costs against the county where the judgment vails, to have 4 is rendered. fendant pre costs against the 1 8. Petition for new trial to be in three years. 9. Action to be brought forward and tried as if no judgment. SECTION 10. Amendment of writ, &c., may 11. If damages increased, judg- costs. 12. If plaintiff reviews, &c., and 13. No costs, except accruing in review, &c., and no more costs than increase or reduction, &c. 14. Executions not stayed by review, &c., but court may order stay. supreme court, viewed. SECTION 1. Civil actions, in the supreme court, in Civil actions in 2 which an issue has been joined and judgment render- &c., may be re3 ed, except in cases otherwise provided, and such actions R. S. 192: 1. 4 in which judgment has been rendered by agreement CS. 205:1. m. 5 of parties open to review, may be once reviewed. iii, 501; xxiv, 384. in one year after 1 SEC. 2. No such review shall be had after one year Review to be 2 from the time of judgment rendered, saving to infants judgment, sav 3 and insane persons the right of such review for one fants, &c. 4 year after such disability is removed. ing rights of in R. S. 192: 5. view, to file no office, and clerk 1 SEC. 3. When either party proposes to review, he when party 2 shall file, in the office of the clerk of the court in which proposes to re3 the judgment was rendered, a notice that he desires tice in clerk's 4 such review, and the clerk shall issue an order to the to issue order 5 adverse party, requiring him to appear at the next R. S. 1927. 6 term and prosecute or answer to such review, or a writ C. S. 205: 7. m. 7 of review may be issued by said clerk, returnable at xii. 357 xvii, 8 said term. or writ, &c. vi, 204; X, 574; 463; xviii. 559. served on party or attorney, Order to be 1 SEC. 4. Such order shall be served upon said adverse 2 party, by an attested copy, delivered to him or his atbefore dar 3 torney, or left at the abode of such party or attorney, 4 fourteen days at least before said term. fourteen day. New. return New trial may 1 be granted in SEC. 5. A new trial may be granted in any case case of accident, 2 where a review may not be had of right, when justice R. S. 192: 2. 3 has not been done through accident, mistake, or misxviii, 198, 280; 4 fortune, and a further hearing would be equitable. &c. C. S. 205: 2. v. XX, 523; xxxii, 130, 372; XXXV, 286; xxxviii, 411; xlii, 419. Petition to su and notice. R. S. 192: 3. 1 SEC. 6. In such case a petition shall be presented preme Court, 2 to the supreme court, in the county where the judg3 ment was rendered, by any person interested, setting 4 forth the reasons for such new trial, and such notice 5 given to the adverse party or his attorney as the court may order. Costs to either 1 party, and new SEC. 7. Costs may be allowed to either party upon such petition, and the new trial may be granted upon 3 such terms as the court deem just. trial on terms, 2 & C. R. S. 192: 4. New trial not 1 to be granted, SEC. 8. Such new trial shall not be granted, unless unless petition 2 the petition is filed within three years after the rendi3 tion of the judgment complained of, or the failure of in three years. R. S. 192: 6. C. S. 205: 6. 4 the suit. On review or 1 new trial, action to ward and tried, SEC. 9. When such new trial is granted, or an order be 2 or writ of review is served and returned, the action brought for 3 shall be brought forward on the docket of the court, as it no judg. 4 at the term next after granting the new trial or service R. S. 192: 7. 5 of the order or writ of review, and shall be tried as if iv, 481; vi, 204; 6 no judgment had been rendered therein. Ammendments allowed. R. S. 192: 7. C. S. 205: 7. vi, 204; xvii, 463. If damages in creased, judgment for plain 1 SEC. 10. Amendments of the writ, pleadings, or 2 other process, on such review, or new trial, may be 3 allowed upon such terms as the court deem just. 1 SEC. 11. If the amount of property, debt, or dama2 ges, recovered by the plaintiff in the action, is intiff, for increase 3 creased on such review, or new trial, he shall have duced, for defen- 4 judgment for the excess and costs; if such amount is tion and costs. 5 reduced, the defendant shall have judgment for the R. S. 192: 10. 6 amount of the reduction and costs. |