Page:United States Statutes at Large Volume 76A.djvu/157

–61– -61CHAPTER 9—FEES AND COSTS SUBCHAPTER I

FEES AND COSTS GENERALLY

Sec. 321. Each party responsible for his costs; advance payment of fees. 322. Proceedings in forma pauperis. 323. Governmental exemption from fees. SVBCHAPTEB II

341. 342. 343. 344. 345. 346. 347. 348. 349. 350. 351.

Collection and disposition of fees generally. Fees of clerk of district court in civil actions. Fees of clerk of district court in probate and guardianship matters. Other fees of clerk of district court. Fees of marshal and other persons serving district court process. Fees for attempts to serve process. Fees of magistrates' courts in civil actions. Other fees of magistrates. Fees on appeals from magistrates' courts to district court' Jury fee. Fees fixed by rules of court SUBCHAPTER III

371. 372. 373. 374. 375. 376. 377. 378.

FEES

COSTS

Costs allowed in district court. Taxation of costs in district court. Party entitled to costs in magistrate's court. Costs allowed in magistrate's court. Taxation of costs in magistrate's court. Costs on continuance. Costs on dismissal for want of jurisdiction. Costs in criminal actions in district court. SUBCHAFTEB IV—SECURITY FOR COSTS

391. 392. 393. 394. 395.

Requirement of security for costs. Form of security; new or additional undertaking. Governmental exemptions. Security by intervener or counterclaimant. Costs secured by attachment or other bond.

Subchapter I—Fees and Costs Generally § 321. Each party responsible for his costs; advance payment of fees Each party to a civil action instituted in the district court or a magistrate's court shall be responsible for the costs incurred by him in the action. The marshal, constable, or other officer authorized to execute any process in civil actions, may not execute the same until the fees allowed by law for the service of the process are paid by the party seeking the process, unless the party is entitled to prosecute the action in forma pauperis, as provided by section 322 of this title. § 322. Proceedings in forma pauperis A person entitled to commence an action in a court in the Canal Zone may commence and prosecute or defend it to conclusion without being required to prepay fees or costs or give security therefor, before or after bringing the action, upon filing in the court a statement, under oath, in writing, that because of his poverty he is unable to ^ay the costs of the action, or to give security for costs, and that he believes that he is entitled to the redress he seeks by the action, and setting forth the nature of the cause of action. The opposing party in the action, the clerk of the district court, or his deputy, or the magistrate, as the case may be, may contest the inability of the party to pay costs or his inability to furnish security for costs; and the contest shall be heard at such time as the court or magistrate determines. If a contest is not made upon the affidavit, or if it is admitted by the court or magistrate after the contest, the officers of the court thereafter shall issue and serve all processes and perform all duties on behalf of the party as in other cases.

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