Costs on appeal, how claimed and recovered. Interest and costs included by remittitur there, or within the time specified by the statute thereafter.-Ex Parte Burrill et al., 24 Cal., p. 350; see, also, Eaton vs. Palmer, 11 Cal., p. 341. The Court cannot add to the judgment the costs of the prevailing party after the time for filing the same has expired, and after an appeal has been perfected. If it does so, the proper and only remedy is by an appeal from the order.-Jones vs. Frost, 28 Cal., p. 245. If the costs on appeal are not entered on the judgment docket in the Court below, they are not a lien on property until the levy of an execution. Or if the Clerk's and Sheriff's fees were inserted in the judgment, when not so claimed, the judgment is so far void, and may be attacked collaterally.-Chapin vs. Broder, 16 Cal., p. 403. 1034. (§ 665.) Whenever costs are awarded to a party by an appellate Court, if he claims such costs, he must, within thirty days after the remittitur is filed with the Clerk below, deliver to such Clerk a memorandum of his costs, verified as prescribed by the preceding section, and thereafter he may have an execution therefor as upon a judgment. NOTE. On the request of the successful party the Clerk of the Court below must issue an execution for the costs included in the memorandum, and the costs of the Clerk of the Supreme Court as certified by him on the remittitur.-Ex Parte Burrill et al., 24 Cal., p. 350; Mayor of Marysville vs. Buchanan, 3 Cal., p. 212; People vs. Jones, 20 Cal., p. 51. Where a judgment is against two, one only of whom appeals, and the appeal is dismissed with twenty per cent damages, the damages with the costs are not a part of the original judgment, and the redemptioner is not bound to pay them on redemption from a sale under the judgment. The Clerk below can issue execution for the damages and costs.-McMillan vs. Vischer, 14 Cal., p. 241. 1035. (§ 511.) The Clerk must include in the judgment entered up by him, any interest on the verdict or decision of the Court, from the time it was rendered or made, and the costs, if the same have been taxed or ascertained; and he must, within two days after the same are taxed or ascertained, if not included in the judgment, insert the same in a blank left in the judgment for that purpose, and must make a similar insertion of the costs in the copies and docket of the judgment. NOTE. A judgment can properly bear interest only from the time it is pronounced. If there be interest due on the demand on which the action is brought, it should be included in the judgment when entered.Bipend vs. L. & L. F. & L. Ins. Co., 30 Cal., p. 78. Where the judgment of the Court below is reversed, and the case remanded for further proceedings, and costs are awarded in general terms, the costs awarded include only the costs made on the appeal to the Supreme Court. The costs of the former trial abide the event of the suit. The Clerk of the Court below can issue an execution for the costs included in the memorandum and the costs as certified by the Clerk of the Supreme Court on the remittitur.-Ex Parte Burrill et al., 24 Cal., p. 350. Costs constitute a part of the judgment, and though ascertained and adjudged by the Court after an entry of the judgment by the Clerk may have been made, yet the law considers such action of the Court as having preceded the final judgment.Lasky vs. Davis, 33 Cal., p. 677. After a judgment is entered and the record completed, the Clerk has no power to fill up the blank left for costs. The Court alone is competent to relieve, by amendment, where costs are omitted.-Chapin vs. Broder, 16 Cal., p. 403. Without any express contract in writing, made by the testator, providing for a higher rate of interest than ten per cent per annum, the executors have no authority to consent to the entry of a judgment bearing a greater rate of interest than ten per cent per annum; and must be charged with the excess of interest in their final account.-Matter of Estate of Isaacs, 30 Cal., p. 105. In ejectment, if the plaintiff recovers judgment he is entitled to full costs, notwithstanding he recovers a less interest than he sued for.-Havens vs. Dale, 30 Cal., p. 547. And although the answer admitted his right to the interest recovered, but raised an issue on the question of the ouster from the part recovered.Lawton vs. Gordon, 37 Cal., p. 203. 1036. (§ 512.) When the plaintiff in an action resides out of the State, or is a foreign corporation, security for the costs and charges, which may awarded against such plaintiff, may be required When plaintiff is a non-resi dent, or poration, foreign cor defendant may be rea requiro security by for costs. Same. If such security is the action may be dismissed. the defendant. When required, all proceedings in the action must be stayed until an undertaking, executed by two or more persons, is filed with the Clerk, to the effect that they will pay such costs and charges as may be awarded against the plaintiff by judgment, or in the progress of the action, not exceeding the sum of three hundred dollars. A new or an additional undertaking may be ordered by the Court or Judge, upon proof that the original undertaking is insufficient security, and proceedings in the action stayed until such new or additional undertaking is executed and filed. 1037. NOTE.-Defendant served on plaintiff, a non-resident, notice to give security for costs, the notice not being accompanied with an order staying proceedings, and on the next day judgment was rendered for defendant, and plaintiff appealed to the Supreme Court. Motion to dismiss the appeal was denied, because, after judgment, it came too late. The undertaking on appeal was sufficient security for costs subsequently incurred. Comstock vs. Clemens, 19 Cal., p. 77. ($514.) After the lapse of thirty days from not given, the service of notice that security is required, or of an order for new or additional security, upon proof thereof, and that no undertaking as required has been filed, the Court or Judge may order the action to be dismissed. Costs when State is a party. Costs when county is a party. 1038. When the State is a party, and costs are awarded against it, they must be paid out of the State Treasury. 1039. When a county is a party, and costs are awarded against it, they must be paid out of the County Treasury. CHAPTER VII. GENERAL PROVISIONS. SECTION 1045. Lost papers, how supplied. 1046. Papers without the title of the action, or with defective 1047. Successive actions on the same contract, etc. 1048. Consolidation of several actions into one. 1049. Actions, when deemed pending. 1050. Actions to determine adverse claims and by sureties. 1054. The time within which an act is to be done may 1055. Actions against a Sheriff for official acts. 1056. Actions may be prosecuted in the Spanish language 1057. Undertakings mentioned in this Code, requisites of. is a party. papers, supplied. 1045. If an original pleading or paper be lost, the Lost Court may authorize a copy thereof to be filed and how used instead of the original. NOTE.-Buckman vs. Whitney, 24 Cal., p. 267; 1046. (§ 531.) An affidavit, notice, or other paper, without the title of the action or proceeding in which it is made, or with a defective title, is as valid and effectual for any purpose as if duly entitled, if it intelligibly refer to such action or proceeding. NOTE.-Mills vs. Dunlap, 3 Cal., p. 94. 1047. ($ 525.) Successive actions may be maintained upon the same contract or transaction, whenever, after the former action, a new cause of action arises therefrom. 1048. (§ 526.) Whenever two or more actions are pending at one time between the same parties and in the same Court, upon causes of action which might without the Papers title of the with title, may action, or defective be valid. Successive the same actions on contract, etc. Consolidaseveral tion of actions into one. Actions, when deemed rending. Actions to determine adverse claims, and have been joined, the Court may order the actions to be consolidated. NOTE.-But the Supreme Court will not consolidate actions brought upon distinct causes of action.-Wallace vs. Eldridge, 27 Cal., p. 498. 1049. An action is deemed to be pending from the time of its commencement until its final determination upon appeal, or until the time for appeal has passed, unless the judgment is sooner satisfied. 1050. (§ 527.) An action may be brought by one person against another for the purpose of determining by sureties. an adverse claim, which the latter makes against the Testimony, when to be taken by the Clerk. The Clerk must keep a register of actions. Two of three referees, former for money or property upon an alleged obligation; and also against two or more persons, for the purpose of compelling one to satisfy a debt due to the other, for which plaintiff is bound as a surety. NOTE. Smith vs. Sparrow, 13 Cal., p. 596; King vs. Hall, 5 Cal., p. 82; Dane vs. Corduan, 24 Cal., p. 158. 1051. (§ 633.) On the trial of an action in a Court of record, if there is no short-hand reporter of the Court in attendance, either party may require the Clerk to take down the testimony in writing. NOTE.-The evidence taken down by the Clerk is no part of the record, unless made so by a bill of exceptions.-Wilson vs. Middleton, 2 Cal., p. 54; Pierce vs. Minturn, 1 Cal., p. 470; Gunter vs. Geary, 1 Cal., p. 462; Castro vs. Armesti, 14 Cal., p. 38. 1052. (§ 528.) The Clerk must keep among the records of the Court a register of actions. He must enter therein the title of the action, with brief notes under it, from time to time, of all papers filed and proceedings had therein. 1053. (§ 529.) (§ 529.) When there are three referees, or three arbitrators, all must meet, but two of them may do any act. do any act which might be done by all. etc., may 1054. (§ 530.) When the act to be done relates to the pleadings in the action, or the undertakings to |