ally due and admitted, does not exceed the sum which, upon a recovery, would entitle the plaintiff to costs, no costs shall be demanded or received. verdict for $59. When there shall be several issues joined in any cause, and Costs when a verdict shall be rendered for the plaintiff, on one or more of them, plaintiff on and for the defendant, on another; if the plaintiff obtain judgment part of seveupon the whole record, costs shall be rendered as follows: 1. When the substantial cause of action was the same in each issue, the plaintiff shall receive the costs on those issues which were found for him, and shall not be liable to the defendant for the costs of the issue which shall have been found for such defendant. 2. Where there are two or more distinct causes of action in separate counts, the plaintiff shall recover costs on those issues, which are found for him, and the defendant on those which are found in his fa vor. ral issues. either party. $60. When judgment shall be rendered for a defendant in a plea No costs to of misnomer in abatement, no costs shall be allowed to either party. $61. When a suit shall be commenced in any court, When plaintiff to file se 1. For a plaintiff not residing within the jurisdiction of such court; curity for or for several plaintiffs who are all non-residents; or, or, 2. For or in the name of the trustees or assignees of any debtor; 3. For or in the name of any person committed in execution for crime; or, 4. In the name of any infant whose next friend has not given security for costs, The defendant may require such plaintiff to file security for the payment of the costs that may be incurred by the defendant in such suit or proceeding. costs. $62. If, after the commencement of a suit, the plaintiff shall be- Ib. come a non-resident, or all the plaintiffs shall become non-residents, or be sentenced to state prison for any term less than for life, the defendant may also require such security to be filed. when stay ed. $63. The order shall be to file such security, and that all pro- Proceedings ceedings on the part of the plaintiff be stayed until such security be filed, as hereinafter provided, and may be made by any judge or supreme court commissioner, upon due proof by affidavit of the facts entitling such defendant thereto. $64. Such security shall be given in the form of a bond in a pe- Mode of giv nalty of at least two hundred and fifty dollars, with one or more suf- ing security. ficient sureties, who shall swear that they are each worth the amount stated in the bond, over and above all debts, to the defendant, conditioned to pay on demand all costs that may be awarded to the defendant in such suit. $65. It shall be filed with the clerk of the court, and notice there- Ib. of be given to the defendant or his attorney, within twenty days after such notice of the order to stay proceedings. when liable. $66. In the cases of [in] which according to the provisions of this Attorney act, a defendant at the commencement of a suit shall be entitled to require security for costs, the attorney for the plaintiff shall be liable for such costs to an amount not exceeding one hundred dollars, unt I security therefor be filed as herein provided, whether such security shall have been required by the defendant or not. How reliev ed from lia bility. When plain tiff appealing ver costs. $67. Such attorney may relieve himself from such liability, by filing security as herein provided, without being required to do so by the defendant, and by giving notice thereof to such defendant or his attorney. $68. In all civil actions tried before a justice of the peace, if the not to reco- plaintiff shall appeal from a judgment in his favor, and shall not recover in a district court a greater sum for debt or damages than he recovered by the first judgment, he shall not be entitled to costs. $69. In comparing the sums recovered by the two judgments for the purposes specified in this act, the sum, if any, allowed for interest accrued on the plaintiff's demand, after the first verdict or judgment, shall not be included, and he shall not be considered as having recovered more on the appeal than on the first trial, merely on account of the addition of interest accrued between the two trials. Interest not part of last judgment. When money brought defendant. $70. When a defendant shall bring money into court, and offer the into court by same in satisfaction of the damages demanded by the plaintiff, the plaintiff shall in all cases be entitled to the costs which had previousÎy accrued, though he may not recover a larger sum of damages than is so brought into court. Notice of $71. No costs shall be taxed without sufficient notice being given taxing to be to the adverse party or his attorney, of the time and place of such given. Acts repealed. Act to take effect. Acts of Mi ehigan terri-. taxation. AN ACT to repeal certain acts therein named. S1. That the following acts are hereby repealed, viz: "An act to amend an act entitled 'An act concerning the supreme and district courts, and defining their jurisdiction and powers: Approved January 19, 1838. "An act to amend an act concerning judgments and executions:" Approved January 19, 1838. $2. This act shall take effect on the first day of March next. AN ACT to repeal the acts therein mentioned. S1. All the acts of the territory of Michigan which were in force tory repeal in the territory of Wisconsin on the fourth day of July, in the year ed. one thousand eight hundred and thirty-six, are hereby repealed. Repeal not to revive $ 2. The repeal of any act, by any law of this territory, shall neformer act. ver be construed to revive any act previously in force, unless such repealing act shall contain an express provision that any such repealed act, shall be thereby revived and put in force. Certain acts of legislative S3. The following acts passed by the legislative assembly of Wisassembly of consin, are hereby repealed, to wit: Wisconsin repealed. "An act to amend an act entitled 'An act to provide for the appointment of sheriffs, and to define their duties and powers,' passed by the legislative council of the territory of Michigan on the 23d day of April, A. D. 1833:" Approved November 17th, 1836. "An act prescribing the duties of coroners:" Approved November 29th, 1836. "An act to authorize the judges of the supreme court to appoint clerks to the several courts of their respective districts in the first instance:" Approved November 17th, 1836. "An act to provide for the collection of demands growing out of contracts for sales of improvement on public lands:" Approved December 3d, 1836. "An act concerning the supreme and district courts, and defining their jurisdiction and powers:" Approved December 8th, 1836. "An act to incorporate the inhabitants of such towns as wish to be incorporated:" Approved December 6th, 1836. "An act in relation to the evidences of titles to lands in the territory of Wisconsin:" Approved December 9th, 1836. "An act to provide for the admission of attorneys and counsellors at law:" Approved December 6th, 1836. "An act to prevent trespass on school lands:" Approved December 9th, 1836. "An act fixing the time for the annual meeting of the legislative assembly:" Approved December 8th, 1836. "An act to amend and adopt the several laws of this territory for the judicial tribunals, for the purpose of giving said laws full force and effect, according to the provisions thereof." Approved December 8th, 1836. "An act to amend an act entitled 'An act to provide for the assessment and collection of territorial taxes:" Approved December 9th, 1836. "An act to enforce the payment of certain moneys into the several county treasuries:" Approved December 13th, 1837. "An act to provide for the election of county treasurers, and to define their duties:" Approved December 20th, 1837. "An act organizing a board of commissioners in each county in this territory:" Approved December 20th, 1837. "An act to prevent forcible entry and detainer:" Approved December 26th, 1837. "An act concerning town and county officers in the several counties of Brown, Milwaukie and Racine, and the counties attached to them for judicial purposes:" Approved January 3rd, 1838. "An act for the relief of the poor:" Approved January 3rd, 1838. "An act to authorize the several counties in this territory to hold and convey real estate, to sue and be sued, and for other purposes:" Approved January 8th, 1838. "An act to abolish imprisonment for debt, and for other purposes:" Approved January 12th, 1838. "An act to authorize the boards of county commissioners of the several counties in this territory to borrow money for the purpose of erecting court-houses and jails:" Approved January 15th, 1838. "An act relative to limited partnerships :" Approved January 15th, 1838. "An act to provide for the collection of demands against boats and vessels:" Approved January 15th, 1838. "An act concerning debtors and their securities:" Approved January 12th, 1838. "An act to establish and regulate ferries in the county of Milwaukie, and the counties thereto attached for judicial purposes :" Approved January 16th, 1838. "An act for opening and repairing, or vacating public roads and highways:" Approved January 15th, 1838. "An act relating to the militia and public defence of the territory of Wisconsin:" Approved January 17th, 1838. "An act to provide for the appointing of justices of the peace, to prescribe their powers and duties, and to regulate their proceedings :" Approved January 17th, 1838. "An act to regulate and define the duties of the county officers in this territory:" Approved January 17th, 1838. "An act to prevent and punish gambling:" Approved January 18th, 1838. "An act for assessing and collecting county revenue:" Approved January 18th, 1838. "An act to provide for and regulate general elections in this territory:" Approved January 18th, 1838. "An act providing for the recording of town plats:" Approved January 18th, 1838. "An act concerning grand and petit jurors:" Approved January 19th, 1838. "An act to regulate ferries:" Approved January 18th, 1838. "An act for the punishment of the crime of bribery:" Approved January 18th, 1838. "An act to amend an act entitled 'An act concerning the supreme and district courts, and defining their jurisdiction and powers:" Approved January 19th, 1838. "An act relating to estrays:" Approved January 19th, 1838. "An act concerning costs and fees," and "An act supplementary thereto:" Both approved January 19th, 1838. "An act to authorize the appointment of public administrators in the several counties of this territory, and to prescribe their duties:" Approved January 19th, 1838. "An act to prevent disasters on steam-boats navigating the waters within the jurisdiction of Wisconsin territory:" Approved January 19th, 1838. "An act to authorize evidence by the oath of parties:" Approved January 19th, 1838. "An act to provide for a territorial revenue:" Approved January 19th, 1838. "An act supplementary to an act entitled 'An act to regulate the mode of petitioning the legislative council in certain cases: " Approved January 19th, 1838. "An act to prevent trespass and other injuries being done to the possessions of settlers on the public domain, and to define the extent of the right of possession on the said lands:" Approved January 19th, 1838. "An act to provide for taking the official bonds of auctioneers, and for other purposes:" Approved June 22d, 1838. "An act to district the territory of Wisconsin into electoral districts, and to apportion the representation of each :" Approved June 23d, 1838. "An act to amend an act regulating marriages:" Approved April 23d, 1838. An act without any title, providing that justice's acts shall not be invalid from giving his bond irregularly: Approved June 23d, 1838. rights under $4. The repeal of any statutory provisions by this act, shall not saving of affect any act done or right accrued or established, or any proceeding, former act. suit or prosecution had or commenced, previous to the time when such repeal shall take effect; but every such right, act and proceeding, shall remain as valid and effectual as if the provisions so repealed had remained in full force. criminal lia $5. No offence committed, and no penalty or forfeiture incurred Penal and previous to the time when any statutory provision shall be repealed, bilities to shall be affected by such repeal, except that when any punishment, fected. remain unafforfeiture or penalty, shall have been mitigated by the laws to be in force after such repeal, such provision shall apply to and control any judgment to be pronounced after the repeal, for any offence committed before that time. pending pro $6. No prosecution for any offence, or for the recovery of any Repeal not penalty or forfeiture, pending at the time any statutory provision shall to affect be repealed, shall be affected by such repeal; but the same shall pro- secution, &e ceed as if any such provision had not been repealed, except that such proceedings shall be conducted according to the provisions of the law in force at and after the time of such repeal. corporate $7. The repeal of the laws of Michigan, as contemplated in the Not to affect first section of this act, shall not extend to any law private in its Private or nature, nor to any act conferring rights, privileges or immunities, rights. upon any individual or association of individuals, or conferring corporate powers upon any county, town, society or individuals. Great Bri have effect. effect. $ 8. None of the statutes of Great Britain shall be considered as Statutes of law of this territory; nor shall they be deemed to have had any tain not to force or effect in this territory since the fourth day of July, 1816. $9. This act shall take effect on the fourth day of July next; Act to take but if any of the laws passed at the last November, or the present session of the legislative assembly, shall take effect at an earlier day, then all provisions of any of the laws hereby repealed, contravening the provisions of such laws, or any of them, shall be deemed to be repealed at the time or times when such laws, or any of them, shall take effect. served, ex S 10. All persons who, at the time when this act shall take effect, Tenure of shall hold any office under any of the acts hereby repealed, shall offices precontinue to hold the same according to the tenure thereof, except cept, &c. those offices which have been abolished, and those as to which a different provision shall have been made by the laws enacted at the last November, or the present session of the legislative assembly. |