Page:United States Statutes at Large Volume 31.djvu/469

 FIFTY—SIXTH CONGRESS. Ssss. I. C11. 7 S6. 1900. 417 file with the clerk within five days from the entry of judgmenta statement of the same, which statement `must be verified except as to fees of officers. A statement of disbursements may be filed with the clerk at any time after five days, but in such case a copy thereof must be served upon the adverse party. A disbursement which a party is entitled to recover must be taxed, whether the same has been pai o1· not by such party. The statement of disbursements thus filed, and costs, shall be allowed of course unless the adverse party, within two days from the time allowed to file the same, shall file is objections thereto, statin the particulars of such objections. Sec. 517. Vlghen objections are made to the claim for costs and dis- m;§lgf“ °bl°°**°“° bursements, the clerk shall forthwith pass upon the same, and `indorse upon the verified statement, or appen thereto, the charges allowed or disallowed. Any party aggrieved by the decision of the clerk in the Appealallowance of costs or disbursements may appeal from such decision to the court within five days from the date of such decision, by serving a notice of such appeal and in what particulars, upon the adverse party or his attorney, which appeal shal be heard an determined by such court, or judge thereof, as soon thereafter as convenient. Sec. 518. Such appeal shall stay the proceedings as to the costs and new or such updisbursements to w ich the appeal is taken or relates, unless the P‘**‘*· respondent Hle with the clerk an undertakin, with one or more sureties, to the effect that if the decision of the dlerk be reversed or modiiied he will make such restitution as the court or judge may direct. The sufficiency of the sureties in the undertaking may be excepted to by the appellant, and they be required to justify in like manner and with like eHect as in an ordinary undertaking for an appeal. Sec. 519. The fees of referees shall be four dollars per day to each Fees omimes. for every day spent in the business of the reference, but the parties may agree in writing upon any other rate of compensation, and thereupon such rates shall be allowed. Sec. 520. Upon an application to postpone a trial, the payment to Costs on posepouethe- adverse party of a sum, not exceeding ten dollars, as costs may m°°t’°t°' be imposed by the court as a condition of granting the postponement; and in all cases where this code authorizes a court or judge to allow a party to do any act in an action or proceeding upon terms, such court or judge may, as a condition of such allowance, impose upon such party the pavment of a like sum as costs. Sec. 521. (When in any action for the recovery of money or damages Plea of tender and only the defendant shall allege in his answer that before the commence- °E°°t as t° ms"' ment thereof he tendered to the plaintiff a certain amount of money in full payment or satisfaction of the cause of action, and now brings the . same into court and deposits it with the clerk for the laintiif, if such allegation of tender be found true, and the plaintiff db not recover a greater sum than the amount so tendered, he shall not recover costs off the defendant, but the defendant shall recover then1 off him. Sec. 522. When costs or disbursements are adjudged againsthan f G;l¤{dl¤¤zE¤f_ ¤¤ lninfant pimms, the uardian by whom he appeared in the action Simi *‘“ P ““‘“ ““"‘e· be responsible therefbr, as if he were the actual plaintiff in such action, and payment thereof may be enforced against him accordingly. Sec. 523. In an action prosecuted or defended by an executor, admin- Costs dwgerg rerggu istrator, trustee of an express trust, or a person expressly authorized ii1;iit°5s§¤%ih$fn ° by statute to prosecute or defend therein, costs shall be recovered as in ordinary cases, but such costs shall only be chargeable upon or collected off the estate, fund, or party represented, unless the court or judge thereof shall order the same to be recovered off the plaintiff or defendant personally for mismanagement or bad faith in such action or the defense thereto. » l _ Sec. 524. When the decision of any officer, tribunal, or court of ,u§é’g§, ggu{f"i€‘” 0* inferior jurisdiction is brought before a court for review, such review ` voL xxxr—27