Page:1862 Territory of Dakota Session Laws.pdf/323

306 on issuing an attachment, two dollars; on entering a judgment by confession in a case not pending in court, in all, three dollars; if the case is already pending, in addition to the first charge, at the commencement of the suit, one dollar; on the submission of a cause without action, two dollars and fifty cents; on entering judgment when not by confession, two dollars and fifty cents; on entering a general continuance, one dollar; on entering a special continuance at a party's costs and judgment thereon, two dollars and fifty cents; on issuing execution and entering return, one dollar and twenty-five cents.; on entering satisfaction of judgment, fifty cents.

. 6. The above fees of the clerk of the district court, as well as the jury fee required by law, must be paid in advance, unless ample security is given to the approval of the clerk for the payment thereof when the suit is determined.

. 7. Where security is given as contemplated in the preceding section, if the money is not paid at the time stipulated, the security shall be treated as an authority to confess judgment for the proper amount, and the clerk must enter up judgment either in term time or vacation, and issue execution thereon accordingly. And in all cases heretofore decided in the district court, the clerk is authorized to issue a fee-bill in the same manner as is above provided for the clerk of the supreme court.

. 8. The above fees of the clerk of the supreme or district court must, unless otherwise provided by law, be paid in the first instance by the plaintiff or appellant, as the case may be, except in cases where the services are rendered at the instance and for the benefit of some other person, in which case the fees must be paid by such person. But unless otherwise ordered by the court, the party paying such fees, if successful in the suit, is entitled to recover them back from the opposite party.

. 9. In criminal cases, where the defendant is adjudged to pay the costs, the clerk of the district court must charge fees as follows: in cases of appeals, the same fees in all respects as are allowed on appeals in civil actions ; on an indictment for a misdemeanor, where there is no trial, five dollars; where there is a trial by the court, seven dollars; where