§ 868. When several actions are brought on one bond, undertaking, promissory note, bill of exchange, or other instrument in writing, or in any other case for the same cause of action, against several parties who might have been joined as defendants in the same action, no costs can be allowed to the plaintiff, in more than one of such actions, which may be at his election, if the parties proceeded against in the other actions were at the commencement of the previous action, openly within this state; but the disbursements of the plaintiff may be allowed to him, as provided in section 874. Amended Code, § 304. § 869. Costs are allowed of course to the defendant upon a judgment in his favor, in an action for the recovery of money, where the plaintiff recovers less than fifty dollars, and also in the other actions mentioned in section 867. Amended Code, § 305. § 870. In other actions, costs may be allowed or not, and if allowed, may be apportioned between the parties, on the same or adverse sides, in the discretion of the court. When there are several defendants, not united in interest, and making separate defences by separate answers, and the plaintiff fails to recover judgment against all, the court may award costs to such of the defendants as have judgment in their favor, or any of them And in the following cases the costs of an appeal are in the discretion of the court; 1. Where a new trial is ordered: 2. Where a judgment is modified. Amended Code, § 304. § 871. Costs can not be allowed to the plaintiff, in an action upon a judgment of a court of this state, between the same parties, unles such action was brought with previous leave of the court for cause shown; but this prohibition does not apply to an action upon the judgment of a justice's court, brought in another county, or brought in the same county, in case of the summons not having been served on all the defendants, or the death of a party, or the death, resignation, incapacity to act or removal from the county of the justice, or the loss of his docket. Amended Code, § 71. § 872. When allowed, costs are as follows: 1. To the plaintiff, for all proceedings before notice of trial (including judgment when entered ;) In an action arising on obligation for the recovery of money only, seven dollars; in another action, twelve dollars; for all subsequent proceedings before trial, seven dollars; 2. To the defendant; for all the proceedings before notice of trial, five dollars; for all subsequent proceedings before trial, seven dollars: 3. For the trial of issues of law, if separate from the trial of issues of fact, to the plaintiff, fifteen dollars; to the defendant, twelve dollars: 4. For the trial of the issues of fact, if separate from the trial of the issues of law, to the plaintiff, fifteen dollas; to the defendant, twelve dollars: 5. For the trial of the issues of fact and of law, when tried at the same time, to the plaintiff, twenty dollars; to the defendant, fifteen dollars: 6. To either party on appeal, excepting to the court of appeals, before argument, fifteen dollars: for argument thirty dollars: but this prevision does not apply to appeals in the cases mentioned in section 7. To either party on appeal to the court of appeals; before argument, twenty-five dollars; for argument, fifty dollars: 8. To either party, for every circuit or term not exceeding three, at which the cause necessarily remains on the calendar not reached or postponed, excluding that at which it is tried or heard, ten dollars. In actions for the foreclosure of mortgages upon real property, or for the partition of real property, the plaintiff is also entitled to the additional allowance of five per cent on the first five hundred dollars, and one per per cent on all over that sum, upon the price of the property sold, or the value of the property partitioned, such value to be determined by the referees making the partition. But such allowance can in no case exceed two hundred dollars. Amended Code, § 307, 308 and 309, altered so as to reduce the costs in the 8th subdivision, and to limit both the per centage and the cases in which it may be allowed. § 873. When the judgment is for the recovery of money, interest from the time of the verdict or report, until judgment be finally entered, must be computed by the clerk, and added thereto. Amended Code, § 310. § 874. The clerk must insert in the entry of judgment, on the application of the prevailing party, upon two days notice to the other, the sum of the allowances for costs, as above provided, and the necessary disbursements, including the fees of officers allowed by law, the fees of witnesses, the necessary expenses of commissions, the compensation of referees, and the expense of printing the papers upon any appeal, which disbursements are in this code also termed charges. The disbursements must be stated in detail, and verified by affidavit, which must be filed. Whenever costs are allowed by this code, the charges also are allowed, and when costs are not allowed, the charges are not allowed, except where express provision is made therefor. Amended Code, § 311. § 875. The clerk may receive, On every trial, from the party bringing it on, one dollar: On entering judgment, fifty cents; except in courts where the clerks receive salaries, and in such courts one dollar: On docketing a judgment rendered by a justice in his county, and filing a transcript thereof, twenty-five cents, including execution when issued. He can receive no other fee, for any services what ever in a civil action, except for copies of papers, at the rate of five cents for every hundred words. Amended Code, § 312. § 876. The fees of referees are three dollars to each, for every day spent in the business of the reference; but the parties may agree in writing upon any other rate of compensation and thereupon such rate must be allowed. Amended Code, § 313. § 877. When an application is made to a court or referees, to postponeja trial, the payment to the adverse party of a sum not exceeding ten dollars, besides the fees of witnesses, may be imposed, as the condition of granting the postponement. Amended Code, § 314. § 878. Costs may be allowed on an original motion, or on an appeal from an order, in the discretion of the court, not exceeding ten dollars. And when costs are ordered against a party, upon a motion, proceedings on his part may be stayed until payment thereof. Amended Code, § 315. § 879. When costs are adjudged against an infant plaintiff, the guardian, by whom he appeared in the action, is responsible for them, and judgment therefor may be entered, against both the guardian and infant. Amended Code, § 316. § 880. When, in an action for the recovery of money only, the defendant alleges in his answer, that, before |