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refuse to do so, he may be required by a judge of the court, to attend before him, and be examined on oath, concerning the same, and obedience to such orders may be enforced by attachment.

$74. In case judgment be entered for the plaintiff, in such action, the sheriff shall satisfy the same out of the property attached by him, if it shall be sufficient for that purpose;

1. By paying over to such plaintiff the proceeds of all sales of perishable property, and of any vessel, or share or interest in any vessel sold by him, or so much as shall be necessary to satisfy such judgment;

2. If any balance remain due, and an execution shall have been issued on such judgment, he shall proceed to sell under such execution so much of the attached property, real or personal, as may be necessary to satisfy the balance, if enough for that purpose

shall remain in his hands; and in case of the sale of any rights or shares in the stock of a corporation or association, the sheriff shall execute to the purchaser a certificate of sale thereof, and the purchaser shall thereupon have all the rights and privileges in respect thereto which were had by such defendant.

3. If any of the attached property belonging to the defendant, shall have passed out of the hands of the sheriff without having been sold or converted into money, such sheriff shall re-possess himself of the same, and for that purpose shall have all the authority which he had to seize the same under the attachment, and

any person who shall wilfully conceal or withhold such property from the sheriff, shall be liable to double damages at the suit of the party injured.

4. Until the judgment against the defendant shall be paid, the sheriff shall proceed to collect the notes, and other evidences of debt that may have been seized under the attachment, and to prosecute any bond he may have taken in the course of such proceedings, and apply the proceeds thereof to the payment of the judgment.

When the judgment and all costs of the proceedings shall have been paid, the sheriff upon reasonable demand, shall deliver over to the defendant the residue of the attached property or the proceeds thereof.

$ 75. The actions herein authorized to be brought by the sheriff, may be prosecuted by the plaintiff, or under his direction, and at his expense, upon the delivery by him to the sheriff of an undertaking executed by two sufficient sureties, to the effect that the plaintiff will indemnify the sheriff from all damages and expenses of the action, not exceeding five hundred dollars. Such sureties shall in all cases, when required by the sheriff justify, by making an affidavit that each is a householder, and worth double the amount of the penalty of the bond, over and above all demands and liabilities.

§ 76. If the foreign corporation or absent or absconding defendant recover judgment against the plaintiff, in such action, any bond taken by the sheriff, all the proceeds of sales by him, and all the property attached remaining in his hands, shall be delivered by him to the defendant or his agent, in the same manner and upon the same terms, as are prescribed in the case of the discharge of an attachment against an absent debtor.

§ 77. Whenever the defendant shall have appeared in such action, he may apply to the officer who issued the attachment, or to the court, for an order to discharge the same.

§ 78. Upon such application, the defendant shall deliver to the court or officer an undertaking executed by at least two sureties, resident and free-holders in this State, approved by such court or officer, to the effect that the sureties will on demand pay to the plaintiff, the amount of the judgment that may be recovered against the defendant in the action, not exceeding the sum specified in the undertaking, which shall be at least double the amount claimed by the plaintiff in his complaint

TITLE X.

Of the costs in civil actions.

§ 79. When costs are adjudged against an infant plaintiff, the guardian, by whom he appeared in the action, shall be responsible therefor, and payment thereof may be enforced by attachment.

§ 80. In an action prosecuted or defended by an executor, administrator, trustee of an express trust, or a

person expressly authorized by statute, costs shall be recovered, as in an action by and against a person prosecuting or defending in his own right, but such costs shall be chargeable upon the estate, fund, or party represented, unless the court shall direct the same to be paid by the plaintiff personally, for mismanagement or bad faith in such action or defence. But this section shall not be construed to allow costs against executors or administrators, where they are now exempted therefrom by section 41 of title 3, chapter 6, of the second part of the revised statutes.

$ 81. When the decision of a court of inferior jurisdiction in a special proceeding shall be brought before the supreme court for review, such proceeding shall, for all purposes of costs, be deemed an action, at issue, on a question of law, from the time the same shall be brought into the supreme court, and costs thereon shall be awarded and collected in such manner as the court shall direct, according to the nature of the case.

$ 82. In all civil actions, prosecuted in the name of the people of this state, by an officer duly authorized for that purpose, the people shall be liable for costs in the same cases, and to the same extent, as private parties. If a private person be joined with the people as plaintiff, he shall be liable in the first instance for the defendant's costs; which shall not be recovered of the people, till after execution issued therefor against such private party and returned unsatisfied.

$ 83. In an action prosecuted in the name of the people of this state for the recovery of money or property, or to establish a right or claim, for the benefit of any county, city, town, village, corporation, or person, costs awarded against the plaintiff, shall be a charge against the party for whose benefit the action was prosecuted, and not against the people.

$ 84 In actions, in which the cause of action shall, by assignment after the commencement of the action, or in any other manner, become the property of a person not a party to the action, such person shall be liable for the costs, in the same manner as if he were a party, and payment thereof may be enforced by attachment.

§ 85. Upon the settlement, before judgment, of any action mentioned in section 259 of the code of procedure, no greater sum shall be demanded from the defendant as costs, than at the rates prescribed by that code.

$ 86. In an action for the recovery of real or personal property, if the plaintiff recover less than he claims in his complaint, the costs shall be in the discretion of the

court.

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