Page:United States Statutes at Large Volume 47 Part 1.djvu/1031

 72d C ONGRESS. SESS. II. CH. 127 . FEBRUA RY 27, 1933. COST S Costs. 1007 SEC. 553. E ACH PA RTY R ESPON SIBLE FOR HIS COSTS ; FEES FOR SERVICE Responsibility for. OF PROCESS PAYABLE IN ADVANCE .-Each par ty to any civil suit instituted in the district court or any magistrate's court of the Canal Zone shall be responsible for the costs incurred by him in such suit, and t he marshal, cons table or other o fficer, authorize d to execute any process in such cases, shall not execute the same unless the fees allowed by law for the service of such process, shall be paid in advance by the party seeking such process, unless such party to the suit is entitled to prosecute the same in forma pauperis, as provided in section 554. SEC. 554. PROSECUTION OR DEFENSE OF SUI TS IN FORMA PAUPE RIS. - Pam is In forma pan . Any citizen of the United States, entitled to commence any suit or action in any court in the Canal Zone, may commence and prosecute or defend to conclusion any such suit or action, without being required to prep ay fees or costs or give securit y therefor, befor e or after bringing such suit or action, upon filing in the said court a statement, under oath, in writing, that because of his poverty he is unable to pay the costs of said suit or action, or to give security for same, and that he believes that he is entitled to the redress he seeks by such suit or action, and setting forth the nature of the said cause of action. The op posing party in the suit, the cl erk of the distr ict court, or bil Riti yto p aynitIna. his assistant, o r the magistrate, as the case ma y be, may contest the inability of the party to pay costs or his inability to furnish security for same ; and the contest shall be heard at such time as the court or magistrate may determine. If no contest is made upon the affidavit, or if the same is admitted If no contest, court s to issue, etc ., process, by the court or magistrate after the contest, it shall be the dut y of etc. the officers of the court thereafter to issue and serve all processes and perform all duties on behalf of such party as in other cases. SEC. 555. COSTS ORDINARILY AL LOW ED TO PREVAILING PARTY.-COStS Allowance of costs to shall ordinarily be allowed to the prevailing party as a matter of prevailing party . course, but the court shall have power for special reasons to adjudge that either party shall pay the costs of an action, or that the same be divided as may be equitable. SEC. 556. BILL OF COSTS AND TAXING OF COSTS IN DISTRICT COURT .- Bill of costs and tax. The party in whose favor judgment is rendered in the district court ing of. and who claims his costs, must within five days after the verdict or notice of the decision of the court deliver to the clerk and to the adverse party, or his attorney, a memorandum of the items of his cost s in the act ion or p roce edin g, w hich mem oran dum must be verified by the oath of the party, or his attorney or agent, or by the clerk of his attorney, stating that to the best of his knowledge and belief the it -:ms are correct and that the disbursements have been necessarily incurred in the action or proceeding. A party dissatisfied with the costs so claimed, may, within five days after notice of filing of the bill of costs, file a motion to have the same taxed by the court or the judge thereof in said action. SEC. 557. WHAT COS TS MAY BE RECOVERED IN DISTRICT COURT.-In an Costs recoverable In district court. action pending in the district court, the prevailing party may recover the following costs and no others : For each witness necess arily produced by him, for each d ay's necessary attendance of such wit_t .cils at the trial, the witness' lawful fees. For each deposition lawfully taken by him, and produced in evidence, $2 .50.